Law Viewer

Back Home

ELEMENTARY AND SECONDARY EDUCATION ACT

Act No. 5438, Dec. 13, 1997

Amended by Act No. 6007, Aug. 31, 1999

Act No. 6209, Jan. 28, 2000

Act No. 6400, Jan. 29, 2001

Act No. 6462, Apr. 7, 2001

Act No. 6714, Aug. 26, 2002

Act No. 6934, Jul. 25, 2003

Act No. 7068, Jan. 20, 2004

Act No. 7120, Jan. 29, 2004

Act No. 7398, Mar. 24, 2005

Act No. 7701, Dec. 7, 2005

Act No. 7802, Dec. 29, 2005

Act No. 8165, Jan. 3, 2007

Act No. 8577, Aug. 3, 2007

Act No. 8675, Dec. 14, 2007

Act No. 8676, Dec. 14, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8917, Mar. 21, 2008

Act No. 10413, Dec. 27, 2010

Act No. 10639, May 19, 2011

Act No. 10866, Jul. 21, 2011

Act No. 10914, Jul. 25, 2011

Act No. 11065, Sep. 30, 2011

Act No. 11219, Jan. 26, 2012

Act No. 11384, Mar. 21, 2012

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning elementary and secondary education pursuant to Article 9 of the Framework Act on Education.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 2 (Types of Schools)
The following schools shall be established to provide elementary and secondary education:
1. Elementary schools and civic schools;
2. Middle schools and high civic schools;
3. High schools and high technical schools;
4. Special schools;
5. Various kinds of schools.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 3 (Classification of National Schools, Public Schools and Private Schools)
Schools listed in the subparagraphs of Article 2 (hereinafter referred to as "schools") shall be classified into as follows according to the founding entities:
1. National schools: Schools established and managed by the State;
2. Public schools: Schools established and managed by local governments (classified into city schools and Do schools according to the founding entities);
3. Private schools: Schools established and managed by corporations or individuals.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 4 (Establishment, etc. of Schools)
(1) Any person who intends to establish a school shall meet the establishment standards prescribed by Presidential Decree, such as facilities and equipment.
(2) Any person who intends to establish a private school shall obtain authorization from the Superintendent of an Office of Education which belongs to a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "Superintendent of an Office of Education").
(3) If any person who has established and managed a private school intends to abolish the school or modify important matters prescribed by Presidential Decree, he/she shall obtain authorization from the Superintendent of an Office of Education.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 5 (Establishment of Annex Schools)
Elementary schools, middle schools and high schools may be established as annexes to each other depending on the conditions of a region.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 6 (Guidance and Supervision)
National schools shall be guided and supervised by the Minister of Education, Science and Technology, and public schools and private schools shall be guided and supervised by the Superintendent of the relevant Office of Education.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 7 (Guidance for Encouragement of Learning)
For the purpose of encouragement of learning, the Superintendent of an Office of Education shall provide guidance on the operation of curricula and teaching and learning methods to schools in his/her jurisdiction.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 8 (School Regulations)
(1) The head of a school (if a person establishes a school, referring to the person who intends to establish the school) may enact or amend school regulations (hereinafter referred to as "school regulations") within the extent of Acts and subordinate statutes.
(2) Matters necessary for items to be mentioned in school regulations and procedures for enacting or amending school regulations shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 9 (Assessment of Students, Institutions and Schools)
(1) The Minister of Education, Science and Technology may conduct an assessment to measure the academic achievement of students while in school.
(2) The Minister of Education, Science and Technology may conduct an assessment over the Office of Education which belongs to a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province and the schools which it has jurisdiction over to effectively execute educational administration.
(3) The Superintendent of the Office of Education may conduct an assessment of educational administrative agencies and schools which he/she has jurisdiction over to effectively execute educational administration and improve educational capacities of schools.
(4) Matters necessary for subject matter of, standards and procedures for assessment referred to in paragraphs (2) and (3) and the disclosure, etc. of the results of such assessment shall be prescribed by Presidential Decree.
(5) The head of an agency to be assessed shall undergo an assessment referred to in paragraphs (1) through (3) unless any extenuating circumstance exists.
(6) The Minister of Education, Science and Technology may give necessary support if the Superintendent of an Office of Education intends to conduct an assessment under paragraph (3) in his/her jurisdiction.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 10 (Tuition Fees, etc.)
(1) The founder and the manager of a school may collect tuition fees or other dues.
(2) Matters concerning the methods, etc. of collecting tuition fees or other dues referred to in paragraph (1) in national schools shall be determined by Ministerial Decree of Education, Science and Technology and those in public and private schools shall be determined by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"). In such cases, matters substantially infringing on citizens' right to receive education shall not be determined.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 11 (Use of School Facilities, etc.)
Every citizen may use the facilities, etc. of national schools to the extent of not hindering school education, as determined by the heads of such national schools, and those of public and private schools, as determined by Educational Rules of the relevant City/Do.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
CHAPTER II COMPULSORY EDUCATION
 Article 12 (Compulsory Education)
(1) The State shall provide compulsory education referred to in Article 8 (1) of the Framework Act on Education, and shall take necessary measures, such as establishing facilities therefor.
(2) A local government shall establish and manage elementary schools, middle schools and special schools which teach elementary and middle school courses in order to send all persons eligible for compulsory education to schools in its jurisdiction.
(3) Where a local government has difficulty in sending all persons subject to compulsory education in its jurisdiction to elementary schools, middle schools and special schools established by the local government, it may establish and manage elementary schools, middle schools or special schools jointly in consultation with any adjoining local government, or entrust education for some persons subject to compulsory education to elementary schools, middle schools or special schools established by the adjoining local government or national or private elementary schools, middle schools or special schools.
(4) No founders and managers of national or public schools and founders and managers of private schools which have been entrusted with persons subject to compulsory education pursuant to paragraph (3) shall collect tuition fees from persons subject to compulsory education.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 13 (Obligation to Send Children to School)
(1) Every citizen shall send sons and daughters or children under his/her care to an elementary school from March 1 of the year following the year in which the date on which they reach six years of age falls and have them attend an elementary school until they graduate from the elementary school.
(2) Notwithstanding paragraph (1), every citizen may send sons and daughters or children under his/her care to an elementary school in the year following the year in which the date on which they reach five years or seven years of age falls. In such cases, he/she shall have his/her sons and daughters or children attend school from March 1 of the year they are enrolled at an elementary school until they graduate from the elementary school.
(3) Every citizen shall send sons and daughters or children under his/her care to a middle school at the beginning of the school year following the school year in which they graduate from an elementary and have them attend the middle school until they graduate therefrom.
(4) Matters necessary for fulfillment, encouragement, etc. of the obligation to send children to school as referred to in paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 14 (Exemption, etc. from Obligation to Attend School)
(1) Any person subject to compulsory education who is unable to enter a school due to any extenuating circumstance, such as a disease or undergrowth, may be exempted from or granted a postponement of the obligation to attend school under Article 13, as prescribed by Presidential Decree.
(2) When a person who has been exempted from or granted a postponement of the obligation to attend school under paragraph (1) intends to attend school, he/she may be allowed to attend school upon determining a school year after evaluating his/her learning abilities, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 16 (Subsidies to Persons with Parental Authority, etc.)
Where a person with parental authority or a guardian of any person subject to compulsory education has difficulty in sending the person subject to compulsory education to school on economic grounds, the State and the relevant local government may provide a subsidy for educational expenses.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
CHAPTER III STUDENTS AND SCHOOL PERSONNEL
Section 1 Students
 Article 17 (Self-Governing Activities of Students)
The self-governing activities of students shall be encouraged and protected, and basic matters concerning the organization and operation thereof shall be determined by school regulations.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 18 (Discipline of Students)
(1) The head of a school may discipline or otherwise guide students, as prescribed by Acts and subordinate statutes or school regulations if deemed necessary for education: Provided, That he/she shall not expel students who receive compulsory education from school.
(2) Where the head of a school intends to discipline any student, he/she shall undergo due formalities, such as giving the relevant student or his/her guardian an opportunity to state his/her opinions.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 18-2 (Application for Reexamination)
(1) Any student or his/her guardian who has an objection to a measure of expulsion from school among disciplinary actions referred to in Article 18 (1) may file an application for reexamination thereof with the relevant City/Do Mediation Committee of Disciplinary Punishment on Students established under Article 18-3 within 15 days of receipt of such measure or within 10 days after being aware of such measure.
(2) Upon receipt of an application for reexamination under paragraph (1), a City/Do Mediation Committee of Disciplinary Punishment on Students referred to in Article 18-3 shall examine it and notify an applicant of a decision within 30 days.
(3) Any applicant who has an objection to the examination and decision notified under paragraph (2) may raise an administrative appeal within 60 days of receipt of the notification thereof.
(4) Matters necessary for filing an application for reexamination pursuant to paragraph (1), procedures for examination and notification of a decision pursuant to paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 18-3 (Establishment of City/Do Mediation Committees of Disciplinary Punishment on Students)
(1) A City/Do Mediation Committee of Disciplinary Punishment on Students (hereinafter referred to as "Discipline Mediation Committee") shall be established under the jurisdiction of the Superintendent of each Office of Education to review and make a determination as to an application for reexamination filed under Article 18-2 (1).
(2) Matters necessary for the organization, operation, etc. the Discipline Mediation Committees shall be prescribed by Presidential Decree.
[This Article Added by Act No. 8675, Dec. 14, 2007]
 Article 18-4 (Guarantee of Human Rights of Students)
Founders, managers and heads of schools shall guarantee the human rights of students provided in the Constitution of the Republic of Korea and International Covenants on Human Rights.
[This Article Added by Act No. 8675, Dec. 14, 2007]
Section 2 School Personnel
 Article 19 (Classification of School Personnel)
(1) The following teachers shall be assigned to schools:
1. Elementary schools, middle schools, high schools, civic schools, high civic schools, high technical schools and special schools shall have principals, assistant principals, advanced skills teachers and teachers: Provided, That any school which is smaller than a certain scale prescribed by Presidential Decree among schools with not more than 100 students or not more than 5 classes may not have an assistant principal;
2. Various kinds of schools shall have required teachers in the manner described in subparagraph 1.
(2) Schools shall have personnel in addition to teachers, such as administrative personnel necessary for the operation of schools.
(3) Schools may have teachers holding positions who share school affairs among teachers to ensure the smooth operation of schools.
(4) Matters necessary for the number of teachers and personnel (hereinafter referred to as "school personnel") to be assigned to schools shall be prescribed by Presidential Decree, specific assignment standards by level of school shall be determined by guidance and supervision organization referred to in Article 6 (hereinafter referred to as "competent authorities") and the Minister of Science, Education and Technology shall report the matters on the number of teachers to the National Assembly each year.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 19-2 (Assignment, etc. of Specialized Counselors)
(1) Specialized counselors shall be assigned to schools, or specialized touring counselors shall be assigned to City/Do educational and administrative institutions as prescribed in 22-2 of the Public Educational Officials Act.
(2) Matters necessary for the number, assignment standards, etc. of touring counselors under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 20 (Duties of School Personnel)
(1) The principal of a school shall take overall control of school affairs, guide and supervise his/her school personnel and educate students.
(2) The assistant principal of a school shall assist the principal, manage school affairs, educate students, and act for the principal if the principal is unable to perform his/her duties due to an extenuating circumstance: Provided, That where a school has no assistant principal, the teacher (including the advanced skills teacher) designated in advance by the principal of the school shall perform the assistant principal's duties.
(3) The advanced skills teacher shall assist the teaching and research activities of teachers and educate schools.
(4) Teachers shall educate students, as prescribed by Acts and subordinate statutes.
(5) Personnel, such as administrative personnel, shall take charge of administrative affairs and other affairs, as prescribed by Acts and subordinate statues.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 21 (Qualifications for Teachers)
(1) Principals or assistant principals shall meet the qualification standards referred to in Appendix 1 and obtain a certificate of qualification examined and granted by the Minister of Education, Science and Technology, as prescribed by Presidential Decree.
(2) Teachers shall be classified into regular teachers (Grades I and II), assistant teachers, specialized counselors (Grades I and II), librarian teachers (Grades I and II), vocational teachers, health teachers (Grades I and II), and nutrition teachers (Grades I and II), and they shall meet the qualification standards referred to in Appendix 2 and obtain a certificate of qualification examined and granted by the Minister of Education, Science and Technology, as prescribed by Presidential Decree.
(3) Advanced skills teachers shall obtain a certificate of qualification examined and granted by the Minister of Education, Science and Technology based on the results of completing training determined by the Minister of Education, Science and Technology, as prescribed by Presidential Decree among those who have obtained a certificate of qualification referred to in paragraph (2), have educational experience (including work experience as educational expert staff define in Article 2 (1) 2 and 3 of the Public Educational Officials Act) for at least fifteen years and have excellent qualifications and capabilities in teaching and research.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 22 (Industrial-Educational Teachers, etc.)
(1) Schools may have industrial-educational teachers, honorary teachers, instructors, etc. in addition to teachers referred to in Article 19 (1) to take charge of educating students if necessary for operating curricula. In such cases, Articles 10-3 (1) and 10-4 of the Public Educational Officials Act and Article 54-3 (4) and (5) of the Private School Act shall apply mutatis mutandis to national or public schools, and private schools, respectively.
(2) Matters necessary for the classification, qualification standards, appointment, etc. of industrial-educational teachers, etc. to be assigned to schools under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
CHAPTER IV SCHOOLS
Section 1 Common Provisions
 Article 23 (Curricula, etc.)
(1) Schools shall operate curricula.
(2) The Minister of Education, Science and Technology shall determine basic matters on standards and details of the curricula referred to in paragraph (1), and the Superintendent of an Office of Education may determine the standards and details thereof according to actual circumstances of a region within the scope of the curricula determined by the Minister of Education, Science and Technology.
(3) Subjects taught at schools shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 24 (Classes, etc.)
(1) Each school year shall begin on March 1, and continue until the end of February of the following year.
(2) Classes shall, in principle, be given during the day and full-time: Provided, That evening classes, seasonal classes, classes by hour, or classes by broadcast and correspondence, etc. may be given, as prescribed by Acts and subordinate statutes or school regulations.
(3) Semesters, the number of school days, organization of school classes, school holidays, organization and operation of classes, and other matters necessary for giving lessons shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 25 (School Life Records)
(1) The head of a school shall compile and manage the following data according to the standards determined by Ministerial Decree of Education, Science and Technology after comprehensively observing and evaluating academic achievement, personality, etc. of students in order to use them for guiding and selecting students qualified to enroll in higher schools (including schools defined in each subparagraph of Article 2 of the Higher Education Act; hereinafter the same shall apply):
1. Personal information;
2. Matters concerning the register of students;
3. Matters concerning the attendance and absence of students;
4. Matters concerning the acquisition of certificates of qualifications and certifications of students;
5. Matters concerning the progress in the study of subjects;
6. Matters concerning the behavioral characteristics of and comprehensive opinions on students;
7. Other matters prescribed by Ministerial Decree of Education, Science and Technology within the extent required for educational objectives.
(2) The head of a school shall prepare and manage data referred to in paragraph (1) using the educational information system provided for in Article 30-4.
(3) The head of a school shall, when any student attending the school is transferred to another school, provide the head of another school to which the student is transferred with the data referred to in paragraph (1).
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 26 (School Year System)
(1) Students may be promoted to a higher grade or graduate from school under the school year system.
(2) Notwithstanding paragraph (1), the head of a school may adopt systems, other than the school year system with approval from the competent authorities.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 27 (Early Promotion, Early Graduation, etc.)
(1) The heads of elementary schools, middle schools, high schools and various kinds of schools equivalent thereto may allow students with an outstanding talent to promote to a higher grade or graduate from school early, or may grant qualifications for early admission into schools of higher level by shortening the school years (including special treatment in relation to classes), notwithstanding Articles 23, 24, 26, 39, 42 and 46.
(2) Where any student is admitted to a school of higher level after obtaining qualifications for early admission into a school of higher level pursuant to paragraph (1), he/she shall be deemed to have graduated from school early.
(3) Matters necessary for selection, early promotion, early graduation, and granting qualifications for early admission to a school of higher level of persons of outstanding talent referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 27-2 (Examinations Recognizing Academic Background)
(1) Those who have not completed the curricula of schools referred to in Article 2 may be recognized as having an equivalent academic background with the graduates of elementary schools, middle schools or high schools after passing examinations prescribed by Presidential Decree.
(2) The State or local government shall bear costs to be incurred in conducting examinations recognizing an equivalent academic background with the graduates of elementary schools and middle schools among the examinations under paragraph (1).
(3) Matters necessary for examinations recognizing an equivalent academic background with the graduates of elementary schools shall be determined by the educational rules of each City/Do and those necessary for examinations recognizing an equivalent academic background with the graduates of middle schools and high schools shall be determined by Ministerial Decree of Education, Science and Technology.
[This Article Added by Act No. 11219, Jan. 26, 2012]
 Article 28 (Education for Students with Learning Disabilities)
The State and local governments shall formulate policies for education of students who have difficulty with normal school life or have suspended their studies on grounds, such as learning disabilities or personality disorders, including flexible school day schedules and curricula, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 29 (Use of Textbooks)
(1) Schools shall use textbooks, the copyright of which is held by the State, or which have been authorized or recognized by the Minister of Education, Science and Technology.
(2) Matters necessary for scope, authorship, authorization, recognition, publication, supply, selection, price-assessment, etc. of textbooks shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 30 (Integration and Operation of Schools)
(1) Any founder or manager of a school may integrate and operate facilities, equipment, school teachers, etc. of elementary schools and middle schools, middle schools and high schools, or elementary schools, middle schools and high schools depending on the actual situations of a region, if necessary for effective operation of schools.
(2) Matters necessary for standards for facilities and equipment of schools integrated and operated under paragraph (1), and standards for assignment of school teachers shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 30-2 (Establishment of School Accounting)
(1) School accounting shall be established in national or public elementary, middle, high and special schools.
(2) Revenues for the school accounting shall be as follows:
1. Payments transferred from the general accounting of the State and the special accounting for educational expenses of local governments;
2. Expenses borne by students' parents after deliberation by each School Governance Committee under Article 32 (1);
3. Payments transferred from the school development fund under Article 33;
4. Subsidies and subsidies from the State or local governments;
5. Rental fees and service fees;
6. Amounts carried forward;
7. Proceeds from the sale of goods;
8. Other revenues.
(3) Expenditures of the school accounting shall be all expenses incurred in operating each school and in establishing school facilities, etc.
(4) The school accounting may appropriate an reasonable amount as a reserve in the expenditure budget to cover unpredictable expenditures not appropriated in the budget or other expenditures to be incurred in excess of the budget.
(5) Matters necessary for the establishment of the school accounting shall be prescribed by Ministerial Decree of Education, Science and Technology in cases of national schools and by the educational rules of each City/Do in cases of public schools.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 30-3 (Administration of School Accounting)
(1) The fiscal year of the school accounting shall begin on March 1 every year and end on the last day of February next year.
(2) The head of a school shall compile a draft budget for the revenues and expenditures of the school accounting every fiscal year and submit the draft budget to the competent School Governance Committee under Article 31 by 30 days prior to the commencement of the relevant fiscal year.
(3) Each School Governance Committee shall deliberate on the draft budget for the revenues and expenditures of the school accounting by five days prior to the commencement of the relevant fiscal year.
(4) If the draft budget referred to in paragraph (3) is not determined by the time that a new fiscal year commences, the head of a school may defray any of the following expenses in accordance with the previous year's budget. In such cases, expenses defrayed in accordance with the previous year' budget shall be deemed defrayed in accordance with the determined budget once the relevant year's budget is determined:
1. Personnel expenses, etc. for teachers and employees;
2. Expenses expended directly for school education;
3. Maintenance expenses of school facilities;
4. Expenses that shall be paid under Acts and subordinate statutes;
5. Expenses already appropriated in the budget.
(5) The head of a school shall compile a statement of accounts every fiscal year and submit it to the relevant School Governance Committee within two months after the end of the fiscal year.
(6) Matters necessary for the administration of the school accounting shall be prescribed by Ministerial Decree of Education, Science and Technology in cases of national schools and by the educational rules of each City/Do in cases of public schools.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 30-4 (Development, Operation, etc. of Educational Information System)
(1) The Minister of Education, Science and Technology and the Superintendent of an Office of Education may each develop and operate an educational information system (hereinafter referred to as "information system") to help schools and educational administrative agencies electronically perform their administrative affairs.
(2) The Minister of Education, Science and Technology and the Superintendent of an Office of Education may establish and operate an information system operation center to operate and support the information system, or they may commission the operating and supporting affairs of the information system to any corporation or institution specialized in supporting the education informatization if deemed necessary to efficiently operate the information system.
(3) Matters necessary for the development and operation of, and methods of access to the information system, and the establishment and operation of the information system operation center, etc. referred to in paragraph (2) shall be determined by Ministerial Decree of Education, Science and Technology.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 30-5 (Performance of Administrative Affairs by Using Information System)
(1) The Minister of Education, Science and Technology and the Superintendent of an Office of Education shall perform all or some administrative affairs under their jurisdiction by using the information system.
(2) The head of a school shall manage the school life records provided for in Article 25 and the health examination records provided for in Article 7-3 of the School Health Act and perform all or some administrative affairs under his/her jurisdiction by using the information system.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 30-6 (Restrictions on Provision of Student-Related Data)
(1) The head of a school shall be prohibited from providing any third person with the school life records provided for in Article 25 and the health examination records provided for in Article 7-3 of the School Health Act without the consent of the relevant student (if such student is a minor, the student and his/her guardian or parents): Provided, That the same shall not apply to any of the following cases:
1. Where any administrative agency with the authority to supervise and audit the relevant school needs such data to conduct the supervision and audit thereof;
2. Where the school life records provided for in Article 25 are provided for any school of higher level to select students to enroll therein;
3. Where such data is provided to compile statistics and conduct academic study, etc. in a form that makes it impossible to identify who is a party to such data;
4. Where such data is necessary to investigate any crime and to indict or to maintain the indictment;
5. Where such data is needed by the court for a trial;
6. Where such data is provided pursuant to relevant Acts.
(2) When the head of a school provides any third person with data pursuant to the proviso to paragraph (1), he/she may impose restrictions on the purpose thereof, the method of use and other necessary matters for the third person provided with such data, or request the third person to take necessary measures to ensure data security.
(3) No one who is provided with data under the proviso to paragraph (1) shall use it for any purpose, other than the purposes for which it is provided.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 30-7 (Guidance and Supervision of Administrative Affairs Performed by Using Information System, etc.)
The Minister of Education, Science and Technology and the Superintendent of an Office of Education may, if deemed necessary, guide and supervise matters concerning the administrative affairs provided for in Article 30-5 and provision or use of data provided for in Article 30-6.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 30-8 (Safety Measures, etc. for Students)
(1) Where the head of a school in cases of national schools or the Superintendent of an Office of Education in cases of public and private schools intends to install or change school facilities (including school fences), as prescribed by the educational rules of the competent City/Do, he/she shall establish and implement safety measures for students to prevent unauthorized access to schools of outsiders or school violence and crimes.
(2) The head of a school shall implement the following matters for the safety of students:
1. Matters concerning the establishment of detailed standards, such as procedures for identifying the identity of those who enter schools;
2. Matters concerning the installation of image information processing devices;
3. Matters concerning the patrol and supervision plans of school areas.
(3) Matters necessary for safety measures, etc. for students under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Added by Act No. 11219, Jan. 26, 2012]
Section 2 School Governance Committees
 Article 31 (Establishment of School Governance Committees)
(1) Elementary schools, middle schools, high schools and special schools shall organize and operate School Governance Committees to enhance the operational autonomy of schools and to conduct various and creative education that meets the circumstances and characteristics of a region.
(2) Any School Governance Committee established in any national or public school shall consist of representatives of teachers of the relevant school, representatives of students' parents and leaders of the relevant community.
(3) The fixed number of members of any School Governance Committee shall be prescribed by Presidential Decree between 5 to 15 members, in consideration of the size, etc. of the relevant school.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 31-2 (Grounds for Disqualification)
(1) No one who falls under any subparagraph of Article 33 of the State Public Officials Act shall be elected as a member of a School Governance Committee.
(2) When any member of a School Governance Committee falls under any subparagraph of Article 33 of the State Public Officials Act, he/she shall duly retire from his/her position as a member.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 32 (Duties)
(1) Any School Governance Committee established in a national school or public school shall deliberate on the following matters:
1. Formulation of, and amendments to the school charter and regulations;
2. Draft budgets and settlement of accounts of school;
3. Methods of operating the school curricula;
4. Selection of textbooks and educational materials;
5. Matters relating to expenses borne by parents of students' parents, such as school uniforms, jogging suits and graduation albums;
6. Educational and training programs after regular study or during a vacation;
7. Methods of open recruitment procedure, appointment, evaluation, etc. of principal selected through an open recruitment procedure under Article 29-3 (8) of the Public Educational Officials Act;
8. Recommendations of persons invited as teachers under Article 31 (2) of the Public Educational Officials Act;
9. Creation, operation and use of school operation support funds;
10. School meals;
11. Recommendations made by the principals with respect to special screening for college entrance examinations;
12. Composition and operation of a school sports team;
13. Proposals and recommendation with respect to school operation;
14. Other matters prescribed by Presidential Decree and ordinance of the relevant City/Do.
(2) The head of a private school shall consult its School Governance Committee about the matters referred to in each subparagraph (excluding the matters referred to in subparagraphs 7 and 8) of paragraph (1): Provided, That he/she shall consult its School Governance Committee about the matter referred to in subparagraph 1 only when requested by the relevant school foundation.
(3) School Governance Committees shall deliberate and pass resolutions on matters relating to the creation, administration and use of the school development fund under Article 33.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 33 (School Development Fund)
(1) Any School Governance Committee referred to in Article 31 may create a school development fund.
(2) Matters necessary for the methods of creating and operating the school development fund referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 34 (Composition and Operation of School Governance Committees)
(1) Matters necessary for the composition and operation of School Governance Committees established in national schools under Article 31 shall be prescribed by Presidential Decree, and matters necessary for the composition and operation of School Governance Committees established in public schools shall be determined by ordinance of the relevant City/Do within the extent prescribed by Presidential Decree.
(2) Matters concerning the composition of members of each School Governance Committee established in any private school shall be prescribed by Presidential Decree and other matters necessary for the operation of such Committee shall be prescribed by the articles of association of a relevant school foundation.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 34-2 (Training of Members of School Governance Committees)
(1) The Superintendent of an Office of Education may provide training to improve the quality and duty performance of members of School Governance Committees.
(2) The Superintendent of an Office of Education may provide training under paragraph (1) upon entrusting such training to a training institution or private institution.
(3) The Superintendent of an Office of Education may provide administrative and financial support to an institution entrusted with training under paragraph (2).
(4) Other necessary matters shall be prescribed by Presidential Decree.
[This Article Added by Act No. 8675, Dec. 14, 2007]
Section 3 Deleted.
 Article 35 Deleted. <by Act No. 7120, Jan. 29, 2004>
 Article 36 Deleted. <by Act No. 7120, Jan. 29, 2004>
 Article 37 Deleted. <by Act No. 7120, Jan. 29, 2004>
Section 4 Elementary Schools and Civic Schools
 Article 38 (Purpose)
The purpose of elementary schools is to provide citizens with the basic elementary education necessary for their life.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 39 (Term of School Years)
The term of school years for elementary schools shall be six years.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 40 (Civic Schools)
(1) The purpose of civic schools is to provide persons who have exceeded the school age under Article 13 (1) and (2) without undergoing elementary education with education necessary for their life.
(2) The term of school years for civic schools shall be three years.
(3) School buildings, village halls, factories, workplaces or other buildings which can be used as school buildings may be used as buildings for civic schools.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
Section 5 Middle Schools and High Civic Schools
 Article 41 (Purpose)
The purpose of middle schools is to provide secondary education on the basis of the education provided at elementary schools.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 42 (Term of School Years)
The term of school years for middle schools shall be three years.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 43 (Qualifications, etc. for Admission)
(1) Those who have graduated from elementary schools, those who have passed the examination recognizing an equivalent academic background with the graduates of elementary schools under Article 27-2 (1) or those who have been recognized as having an equivalent or higher academic background pursuant to Acts and subordinate statutes shall be qualified to enter middle school.
(2) Matters necessary for methods of, and procedures for entering middle schools, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 43-2 (Air and Correspondence Middle Schools)
(1) Air and correspondence middle schools may be annexed to middle schools or high schools.
(2) Matters necessary for establishment, educational methods, term of school years and operation of air and correspondence middle schools shall be prescribed by Presidential Decree.
[This Article Added by Act No. 11219, Jan. 26, 2012]
 Article 44 (High Civic Schools)
(1) The purpose of high civic schools is to provide secondary education necessary for civic life and vocational education for persons who have exceeded the school age under Article 13 (3) without undergoing middle school education or ordinary adults.
(2) The term of school years for high civic schools shall be one to three years.
(3) Those who have graduated from elementary schools or civic schools, those who have passed the examination recognizing an equivalent academic background with the graduates of elementary schools under Article 27-2 (1) or those who have been recognized as having an equivalent or higher academic background pursuant to Acts and subordinate statues shall be qualified to enter high civic schools.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
Section 6 High Schools and High Technical Schools
 Article 45 (Purpose)
The purpose of high schools is to provide secondary education and fundamental specialized education on the basis of the education provided at middle schools.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 46 (Term of School Years)
The term of school years for high schools shall be three years: Provided, That the term of school years for part-time or correspondence systems under Article 49 shall be four years.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 47 (Qualifications, etc. for Admission)
(1) Those who have graduated from middle schools, those who have passed the examination recognizing an equivalent academic background with the graduates of middle schools under Article 27-2 (1) or those who have been recognized as having an equivalent or higher academic background pursuant to Acts and subordinate statutes shall be qualified to enter high school.
(2) Other matters necessary for methods of, procedures for entering high schools, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 48 (Departments, etc.)
(1) High schools may establish departments.
(2) The subjects and curricula of high schools shall be determined so that students can choose a career path according to their individual needs, aptitude and abilities.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 49 (Courses)
(1) High schools may have a part-time or correspondence system in addition to the full-time system with authorization from the competent authorities.
(2) Matters necessary for the establishment of high school courses shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 50 (Branch Schools)
The founder and the manager of a high school may establish a branch school with authorization from the competent authorities if specifically necessary to do.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 51 (Air and Correspondence High Schools)
(1) Air and correspondence high schools may be annexed to high schools.
(2) Matters necessary for establishment, educational methods, term of school years and operation of air and correspondence high schools shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 52 (Special Classes, etc. for Working Youth)
(1) Special courses mainly giving evening classes may be organized at middle schools and high schools adjoining industrial enterprises for youth working at industrial enterprises to undergo the education of middle school and high school courses.
(2) If the number of youth working for an industrial enterprise who desires to enroll in middle or high schools is expected to be the number forming at least two classes each year from among those who work for the industrial enterprise may establish and manage a middle or high school (hereinafter referred to "middle or high school annexed to an industrial enterprise") in order for such youth to undergo education.
(3) If the total number of youth working for at least two industrial enterprises who desire to enroll in middle or high school is expected to be the number forming at least two classes each year from among those who work for the industrial enterprises, such industrial enterprises may jointly establish and manage one middle or high school annexed to an industrial enterprise, notwithstanding paragraph (2).
(4) Matters necessary for the establishment standards and admission methods for special classes and middle or high schools annexed to industrial enterprises referred to in paragraphs (1) through (3) shall be determined by ordinance of the relevant City/Do.
(5) The manager of an industrial enterprise which employs youth enrolled in special classes or a middle or high school annexed to the industrial enterprise referred to in paragraphs (1) through (3) shall bear some educational expenses, as prescribed by ordinance of the relevant City/Do.
(6) Local governments may bear some educational expenses for students enrolled in special classes or middle or high schools annexed to industrial enterprises referred to in paragraphs (1) through (3), as prescribed by ordinance of the relevant City/Do.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 53 (Obligation to Send Youth to School and Prohibition of Interference)
(1) If a youth working for an industrial enterprise intends to enter a special class or a middle or high school annexed to the industrial enterprise referred to in Article 52, the manager of the industrial enterprise shall send the youth to school.
(2) The manager of an industrial enterprise shall not perform any act hindering a youth in attending and taking classes if the youth he/she has employed enters a special class or a middle or high school annexed to the industrial enterprise referred to in Article 52.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 54 (High Technical Schools)
(1) The purpose of high technical schools is to provide vocational education directly necessary for civic life.
(2) The term of school years for high technical schools shall be one to three years.
(3) Those who have graduated from middle schools or high civic schools (three-year system), those who have passed the examination recognizing an equivalent academic background with the graduates of middle schools under Article 27-2 (1) or those who have been recognized as having an equivalent or higher academic background pursuant to Acts and subordinate statutes shall be eligible to enter high technical schools.
(4) High technical schools may have specialized departments, the term of school years of which is at least one year to provide specialized professional technical education for those who have graduated from high schools or those who have been recognized as having an equivalent or higher academic background pursuant to Acts and subordinate statutes.
(5) Any person who has established and operated factories or workplaces may establish and operate high technical schools.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
Section 7 Special Schools, etc.
 Article 55 (Special Schools)
The purpose of special schools is to provide education equivalent to elementary schools, middle schools or high schools, and to provide education for knowledge, skills and social adaptation necessary for real life for those who need special education due to physical, mental or intellectual disabilities.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 56 (Special Classes)
Schools of each level equivalent to or lower than high schools may have special classes for students who need special education with authorization from the competent authorities.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 57 (Establishment of Departments for Specialty)
Schools and classes which have established high school courses among special schools under Article 55 and special classes under Article 56 may have specialized departments, as provided in the Act on Special Education for the Disabled Persons, etc.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 58 (Recognition of Academic Background)
Any person who has completed curricula corresponding to those provided at an elementary school, middle school or high school in a special school or special class shall be deemed to have an equivalent academic background to those who have graduated from schools corresponding thereto.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 59 (Combined Education)
Where any person who needs special education intends to undergo education at an elementary school, middle school, high school, or various kinds of schools equivalent thereto, the State and a local government shall establish policies necessary for conducting combined education, such as providing for separate admission procedures and curricula.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
Section 8 Various Kinds of Schools
 Article 60 (Various Kinds of Schools)
(1) Various kinds of schools mean educational institutions similar to schools listed in the subparagraphs 1 through 4 of Article 2.
(2) Various kinds of schools shall not use any title similar to schools listed in the subparagraphs 1 through 4 of Article 2 in their title.
(3) Matters necessary for the term of schools, qualifications for admission, recognition of academic background, and operation of various kinds of schools shall be determined by Ministerial Decree of Education, Science and Technology.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 60-3 (Alternative Schools)
(1) Articles 21 (1), 23 (2) and (3), 24 through 26, 29, and 30-4 through 30-7 shall not apply to schools which provide various education, such as experience-centered education including field practices, human nature-centered education and education focused on the development of the traits and aptitudes of individuals for students who drop out of other schools or want to receive education compatible with their traits of character, which correspond to the various kinds of schools (hereinafter referred to as "alternative schools").
(2) Alternative schools may operate courses integrating those of elementary school, middle school and high schools.
(3) Standards for establishing alternative schools, their curricula, the term of school years, recognition of academic background, and other matters necessary for the establishment and operation thereof shall be prescribed by Presidential Decree
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
CHAPTER IV-2 SUBSIDIZATION OF EDUCATIONAL EXPENSES
 Article 60-4 (Subsidization of Educational Expenses)
(1) The State and a local government may wholly or partially subsidize, within budget limits, the expenses prescribed by Presidential Decree, such as admission fees, tuition fees and school meal expenses (hereinafter referred to as "educational expenses") to any of the following students:
1. A student who or whose custodian is a qualified recipient under Article 5 of the National Basic Living Security Act;
2. A student eligible for protection under Article 5 of the Single-Parent Family Support Act;
3. A student prescribed by Presidential Decree to whom subsidization of educational expenses is deemed necessary, in consideration of family income, etc.
(2) The details and scope of subsidization of educational expenses under paragraph (1) may differ according to income levels, residential areas, etc.
(3) If a student has already received the subsidization same as that provided in paragraph (1) pursuant to other Acts and subordinate statues, such as the National Basic Living Security Act and the Single-Parent Family Support Act Standards, no subsidization of educational expenses under paragraph (1) shall be provided to the extent of such subsidization.
[This Article Added by Act No. 11384, Mar. 21, 2012]
 Article 60-5 (Application for Subsidization of Educational Expenses)
(1) Any custodian (referring to a person with parental authority, a guardian or a person obligated to support a student pursuant to Acts; hereinafter the same shall apply) who intends to obtain subsidization under Article 60-4 (1) shall apply for subsidization of educational expenses to the Minister of Education, Science and Technology or the Superintendent of an Office of Education.
(2) In filing an application under paragraph (1), a written consent of a custodian and a member of his/her household to provision of any of the following data or information shall be submitted:
1. Average balance of a deposit among data or information on financial assets under subparagraph 2 of Article 2 and details of financial transactions under subparagraph 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and other data or information prescribed by Presidential Decree (hereinafter referred to as "financial information");
2. Amount of debts among credit information under subparagraph 1 of Article 2 of the Use and Protection of Credit Information Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "credit information");
3. Insurance premiums already paid after taking out insurance under each subparagraph of Article 4 (1) of the Insurance Business Act and other insurance-related data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").
(3) Matters necessary for the methods of, and procedures for applying for subsidization of educational expenses under paragraph (1) and the methods of, and procedures for giving consent under paragraph (2) shall be determined by Ministerial Decree of Education, Science and Technology.
[This Article Added by Act No. 11384, Mar. 21, 2012]
 Article 60-6 (Provision of Financial Information, etc.)
(1) If the Minister of Education, Science and Technology or the Superintendent of an Office of Education subsidize educational expenses pursuant to Article 60-4, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (2) of the Use and Protection of Credit Information Act, he/she may request a head of a financial company, etc. (referring to a financial company, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a credit information collection agency under subparagraph 6 of Article 2 of the Use and Protection of Credit Information Act; hereinafter the same shall apply), with the document converting the written consent submitted by an applicant for educational expenses (hereinafter referred to as "applicant for educational expenses) and a member of his/her household pursuant to Article 60-5 (2), into electronic form, to provide financial information, credit information or insurance information (hereinafter referred to as "financial information, etc."), in order to evaluate assets of such applicant for educational expenses and a member of his/her household.
(2) The head of a financial company, etc. in receipt of a request to provide financial information, etc. pursuant to paragraph (1) shall provide financial information, etc. in the nominal person, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) and (3) of the Use and Protection of Credit Information Act.
(3) The head of a financial company, etc. who has provided financial information, etc. pursuant to paragraph (2) shall inform the relevant nominal person of the fact of providing financial information, etc.: Provided, That, he/she may not do so, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (5) of the Use and Protection of Credit Information Act if the relevant nominal person has given his/her consent thereto.
(4) Requests for provision and provision of financial information, etc. pursuant to paragraphs (1) and (2) shall be made by using an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.: Provided, That the same shall not apply to extenuating circumstances, such as damage to the information and communications network.
(5) Any person who performs or has performed the duties under paragraphs (1) and (2) and any person to whom the authority under Article 62 is or has been delegated or entrusted shall not use any financial information, etc. acquired in the course of performing his/her duties for any purpose other than the purpose provided in this Act, and shall not provide or disclose to such information, etc. to other person or organization.
(4) Matters necessary for making requests for provision and provision of financial information, etc. under paragraphs (1), (2) and (4) shall be prescribed by Presidential Decree.
[This Article Added by Act No. 11384, Mar. 21, 2012]
 Article 60-7 (Investigations and Inquires)
(1) The Minister of Education, Science and Technology and the Superintendent of an Office of Education may request an applicant for educational expenses or a person to whom it is determined to grant subsidization to submit documents necessary for verifying his/her eligibility to subsidization of educational expenses and other data on his/her income, assets, etc. If it is deemed impractical to obtain documents necessary for verifying an applicant's eligibility to subsidization of educational expenses or the data submitted is deemed false, the Minister of Education, Science and Technology and the Superintendent of an Office of Education may have any public official under his/her jurisdiction make necessary inquiries to the related persons or investigate documents, etc. by entering the house or other necessary place with the consent of the applicant for educational expenses and the person to whom it is determined to grant subsidization.
(2) The Minister of Education, Science and Technology and the Superintendent of an Office of Education may request the heads of the relevant agencies to provide data on national tax, local tax, land, buildings, health insurance, national pension, employment insurance, industrial accident compensation insurance and Family Relation Certificates which is required for performing the duties under paragraph (1). In such cases, the heads of the relevant agencies shall comply with such request in the absence of justifiable reasons to the contrary.
(3) Any person who enters, investigates or makes inquires pursuant to paragraph (1) shall carry with him/her a certificate indicating his/her authority and present it to the related persons.
(4) If an applicant for educational expenses or a person to whom it is determined to grant subsidization refuses to submit the documents or data under paragraph (1) or refuses, interferes with or evades any investigation or inquiry, the Minister of Education, Science and Technology and the Superintendent of an Office of Education may reject an application for subsidization of educational expenses or revoke, suspend or change a determination to grant subsidization.
[This Article Added by Act No. 11384, Mar. 21, 2012]
 Article 60-8 (Digitalization of Duties for Subsidization of Educational Expenses)
(1) The Minister of Education, Science and Technology and the Superintendent of an Office of Education may build up and operate an information system (hereinafter referred to as "information system for subsidization of educational expenses) to electronically perform the duties for subsidization of educational expenses pursuant to Article 60-4.
(2) When building up and operating the information system for subsidization of educational expenses, the Minister of Education, Science and Technology and the Superintendent of an Office of Education may utilize the educational information system under Article 30-4 (1).
(3) The information system for subsidization of educational expenses may be utilized through linkage with the information system under Article 6-2 (2) of the Social Welfare Services Act.
[This Article Added by Act No. 11384, Mar. 21, 2012]
 Article 60-9 (Collection, etc. of Data, etc. for Subsidization of Educational Expenses)
The Minister of Education, Science and Technology and the Superintendent of an Office of Education may collect, manage, hold and utilize any of the following data or information necessary for granting the subsidization of educational expenses under Article 60-4:
1. Data or information provided through sharing of the administrative information pursuant to Article 36 (1) of the Electronic Government Act;
2. Other data or information necessary to perform the duties under this Act and prescribed by Ministerial Decree of Education, Science and Technology.
[This Article Added by Act No. 11384, Mar. 21, 2012]
CHAPTER V SUPPLEMENTARY AND PENAL PROVISIONS
 Article 61 (Special Cases of Operation of Schools and Curricula)
(1) Where it is particularly necessary for improving and developing the educational system, including the school educational system, schools or curricula to which Articles 21 (1), 24 (1), 26 (1), 29 (1), 31, 39, 42 and 46 do not apply may be operated for a limited period, as prescribed by Presidential Decree.
(2) No school teachers, students, etc. shall be treated disadvantageously by reason of their participation in schools or curricula operated under paragraph (1).
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 62 (Delegation of Authority)
(1) Part of the authority of the Minister of Education, Science and Technology granted under this Act may be entrusted to the Superintendent of an Office of Education, as prescribed by Presidential Decree.
(2) Authority concerning the establishment and operation of national schools among the authority of the Minister of Education, Science and Technology granted under this Act may be delegated to the head of a relevant central administrative agency, as prescribed by Presidential Decree.
(3) Some duties of educational support under Articles 60-5 through 60-7 among the duties of the Minister of Education, Science and Technology and the Superintendent of an Office of Education under this Act may be delegated to the Minister of Health and Welfare or the head of a local government, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 63 (Orders for Correction or Modification)
(1) Where any school violates education-related Acts and subordinate statutes, or orders or school regulations thereon, with respect to facilities, equipment, classes, school affairs and other matters, the competent authorities may issue an order to the founder, operator, or head of the relevant school to correct or modify them within a fixed period.
(2) Where any person in receipt of an order for correction or modification referred to in paragraph (1) fails to fulfill such order within the designated period without a justifiable ground, the competent authorities may annul the violation of the order or take measures, such as reducing the number of students, reducing or closing classes and departments or suspending the enrollment of students in the relevant schools, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 64 (Orders for Suspension and Temporary Closure of Schools)
(1) Where deemed impossible to hold normal classes due to exigent causes, such as disasters, the competent authorities may issue an order to the head of a school to suspend lessons.
(2) The head of a school in receipt of an order referred to in paragraph (1) shall suspend lessons without delay.
(3) Notwithstanding an order referred to in paragraph (1), where the head of a school fails to suspend lessons or any specific exigent cause exist, the competent authorities may take measures to temporarily close the school.
(4) For the school suspended under paragraph (2), lessons and attendance of students shall be suspended during the period of suspension, and for the school temporarily closed under paragraph (3), all functions of the school except the simple management affairs shall be suspended.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 65 (Closure of Schools, etc.)
(1) Where it is impossible to manage normal school affairs under the following circumstances, the competent authorities may issue an order to the relevant school to close it:
1. Where the head, founder, or manager of a school violates this Act or an order issued under this Act intentionally or by gross negligence;
2. Where the head, founder, or manager of a school repeatedly violates this Act or orders issued by the competent authorities under other education-related Acts and subordinate statutes;
3. Where a school fails to hold lessons for at least three months except for the period of suspension and temporary closure of school.
(2) The competent authorities may issue an order to any person who uses the title of a school or invite students and operates the facilities in de facto form of a school without obtaining authorization to establish a school referred to in Article 4 (2) or authorization to establish a branch school referred to in Article 50, to close the facilities which he/she has established and operates.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 66 (Hearings)
Where the competent authorities intend to issue an order for closure of a school or facilities pursuant to Article 65, they shall hold a hearing.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 67 (Penal Provisions)
(1) Any person who uses financial information, etc. for any purpose other than the purpose provided in this Act, provides or discloses such information, etc. to other person or organization in violation of Article 60-6 (5) shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 30 million won.
(2) Any of the following persons shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 20 million won:
1. A person who uses the title of a school or invites students and operates facilities in de facto form of a school without obtaining authorization to establish a school under Article 4 (2) or authorization to establish a branch school under Article 50;
2. A person who fails to obtain authorization to abolish a school or authorization of modification in violation of Article 4 (3);
3. A person who obtains authorization to establish a school or to abolish a school or authorization of modification referred to in Article 4 (2) or (3) or obtains authorization to establish a branch school referred to in Article 50 by falsehood or other illegal means;
4. A person who provides student-related data to any third person without obtaining the consent thereto from the consent authority in violation of Article 30-6 (1) or (3) and uses the provided data for the purpose other than the purpose for which such data is provided.
(3) Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won:
1. A person who violates an order for correction or modification issued under Article 63 (1);
2. A person who violates an order for closure of school issued under Article 65 (1).
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
 Article 68 (Fines for Negligence)
(1) Any of the following persons shall be punished by a fine for negligence not exceeding one million won:
1. A person who has been urged to fulfill the obligation to send children to school referred to in Article 13 (4) but fails to fulfill it;
2. A person who hinders persons subject to compulsory education from receiving compulsory education in violation of Article 15;
3. A person who fails to send students to school or performs acts hindering students from attending school or taking lessons in violation of Article 53.
(2) Fines for negligence referred to in paragraph (1) shall be imposed and collected by the Superintendent of the competent Office of Education, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11384, Mar. 21, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998.
Article 2 (Transitional Measures concerning Schools)
Kindergartens, elementary schools, middle schools, high schools, high technical schools, civic schools, high civic schools and special schools and various kinds of schools equivalent thereto under the previous Education Act as at the time this Act enters into force shall be deemed to have been established, respectively, under this Act.
Article 3 (Transitional Measures concerning School Regulations)
School regulations of various kinds of schools lower than high schools shall be deemed the school regulations under this Act.
Article 4 (Transitional Measures concerning Graduates)
Persons who graduated from kindergartens, elementary schools, middle schools, high schools, high technical schools, civic schools, high civic schools and special schools and various kinds of schools equivalent thereto under the previous Education Act as at the time this Act enters into force shall be deemed to have graduated from kindergartens, elementary schools, middle schools, high schools, high technical schools, civic schools, high civic schools and special schools and various kinds of schools equivalent thereto, respectively, under this Act.
Article 5 (Transitional Measures concerning Graduates of Technical Schools)
The qualifications of persons who graduated from technical schools under the previous Education Act as at the time this Act enters into force shall be governed by the previous provisions.
Article 6 (Transitional Measures concerning Recognition of Academic Career)
Persons who have been recognized as having equivalent or higher academic backgrounds with the graduates of various kinds of schools lower than high schools in the subparagraphs of Article 81 of the previous Education Act as at the time this Act enters into force shall be deemed to have such academic backgrounds, respectively, under this Act.
Article 7 (Transitional Measures concerning School Governance Committees)
School governance committees organized at national, public and private elementary schools, middle schools, high schools and special schools under the previous Local Educational Autonomy Act as at the time this Act enters into force shall be deemed to have been organized, respectively, under this Act.
Article 8 (Transitional Measures concerning Qualifications for Teachers)
Persons who have teacher's licenses and qualifications for principals, assistant principals, directors or assistant directors of kindergartens under the previous Education Act as at the time this Act enters into force shall be deemed to have relevant certificates of qualification, respectively, under this Act.
Article 9 (Transitional Measures concerning Qualifications for Principals or Assistant Principals of Technical Schools)
Persons who have certificates of qualification as principals or assistant principals of technical schools under the previous Education Act as at the time this Act enters into force shall be deemed to have certificates of qualification as principals or assistant principals of high technical schools, respectively, under this Act.
Article 10 (Transitional Measures concerning Qualifications for Guidance Teachers)
Persons who have certificates of qualification as guidance teachers as at the time this Act enters into force shall be deemed to have teachers'' licenses for specialized counselors under this Act.
Article 11 (Transitional Measures concerning Penal Provisions)
The application of the penal provisions to acts done as at the time this Act enters into force shall be governed by the previous Education Act.
Article 12 (Applicability to Those Qualified for Early Admission)
Article 27 (2) shall apply to persons who have entered schools of higher level upon obtaining qualifications for early admission to schools of higher level under the previous Education Act as at the time this Act enters into force.
Article 13 Omitted
Article 14 (Relationship with other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes cite the previous Education Act or any provisions thereof as at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed cited in lieu of the previous Education Act or the provisions thereof, if such corresponding provisions exist herein.
ADDENDUM <Act No. 6007, Aug. 31, 1999>
This Act shall enter into force on March 1, 2000.
ADDENDA <Act No. 6209, Jan. 28, 2000>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 30-2 and 30-3 shall enter into force on January 1, 2001.
(2) (Applicability to Qualifications for Middle School Regular Teachers of Grade I) The amended provisions concerning qualifications (Grade I) for middle school teachers as shown in Appendix 2 shall apply starting with students newly enrolled in 2001 in the graduate school of education and in the educational department of the graduate school designated by the Minister of Education and Human Resources Development.
(3) (Applicability to Qualifications for School Nurses of Grade II) The amended provisions concerning qualifications (Grade II) for school nurses as shown in Appendix 2 shall apply starting with students newly enrolled in the university in 2002.
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.
ADDENDA <Act No. 6462, Apr. 7, 2001>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) Deleted. <by Act No. 6714, Aug. 26, 2002>
ADDENDA <Act No. 6714, Aug. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures for Qualifications for School Nurses)
Any person who has a school nurse qualification certificate under the previous provisions as at the time this Act enters into force shall be deem to have a health teacher qualification certificate under this Act.
Article 3 (Applicability to Disqualification of School Governance Committee Members)
The amended provisions of Article 31-2 shall apply from the first-elected member of a School Governance Committee after this Act enters into force.
Article 4 (Applicability to Regular Teachers of Grade II at Special Schools)
The amended provisions concerning qualifications for a regular teacher of Grade II at a special school for the handicapped in Appendix 2 (limited to matters concerning a person who has majored and earned a master's degree in education for the handicapped at an educational graduate school or a graduate school designated by the Minister of Education and Human Resources) shall apply to persons entering an educational graduate school or a graduate school designated by the Minister of Education and Human Resources in and after the school year of 2003.
Article 5 (Relationship with other Acts and Subordinate Statutes)
If any other Acts and subordinate statutes cite a school nurse prescribed in the Elementary and Secondary Education Act as at the time this Act enters into force, a health teacher shall be deemed cited.
ADDENDUM <Act No. 6934, Jul 25, 2003>
This Act shall enter into force on January 1, 2006. <Amended by Act No. 7068, Jan. 20, 2004>
ADDENDA <Act No. 7068, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
(1) Any person who has a qualification certificate for specialized counselor as at the time this Act enters into force shall be deemed to have a qualification certificate for specialized counselor (Grade I) under the amended provisions of Article 21 (2) and Appendix 2.
(2) Any person who has a qualification certificate for librarian teacher as at the time this Act enters into force shall be deemed to have a qualification certificate for a librarian teacher (Grade II) under the amended provisions of Article 21 (2) and Appendix 2.
Article 3 (Special Cases concerning Qualification Standards)
In applying the amended provisions of subparagraph 2 of the nutrition teachers (Grade II) column of Appendix 2, in cases where having undergone the nutrition education course for one or more years in the case of bachelor's degree holders, and for two or more years in cases of professional bachelor's degree holders, from among the school personnel exclusively in charge of school meals for three or more years (including the food sanitation posts in the office of education or institutions under direct control) at the school meals facilities established under Article 5 of the School Meals Act, it shall be deemed to have fulfilled the teachers'' qualification standards.
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. 7398, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 30-2, 30-3 and 32 shall enter into force on the date of its promulgation, and the portion of the "health examination records provided in Article 7-3 (2) of the School Health Act" in the amended provisions of Article 30-5 (2) and the portion of the "data concerning the health examination records provided in Article 7-3 of the School Health Act" in the amended provisions of Article 30-6 (1) with the exception of each subparagraph shall enter into force on January 1, 2006, and the amended provisions of Article 60-3 shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Collection, etc. of Tuition Fees and other Dues)
The collection, etc. of tuition fees and other dues shall be governed by the previous provisions until the time ordinance of each City/Do is enacted pursuant to the amended provisions of Article 10.
Article 3 (Transition Measures concerning Use of School Facilities, etc.)
The use of school facilities, etc. shall be governed by the previous provisions until the education rules of each City/Do are provided for pursuant to the amended provisions of Article 11.
Article 4 (Transitional Measures concerning Opening and Operation of Accounting of Public Schools)
The opening and operation of the accounting of public schools shall be governed by the previous provisions until the education rules of each City/Do are provided for pursuant to the amended provisions of Articles 30-2 (5) and 30-3 (6).
Article 5 (Transitional Measures concerning Standards for Opening Special Classes, etc. for Working Youth)
Matters concerning standards for establishing the special classes and middle or high schools annexed to industrial enterprises provided in the provisions of Article 52 (1) and (2), methods of admission, and defrayment of educational expenses by operators of industrial enterprises, the State or local governments shall be governed by the previous provisions until ordinance of each City/Do is provided for pursuant to the amended provisions of Article 52 (4) through (6).
ADDENDUM <Act No. 7701, Dec. 7, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7802, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8165, Jan. 3, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8577, Aug. 3, 2007>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 (1) through (3) shall enter into force on March 1, 2008.
ADDENDUM <Act No. 8675, Dec. 14, 2007>
This Act shall enter into force on March 1, 2008.
ADDENDA <Act No. 8676, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8917, Mar. 21, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10413, Dec. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force from one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10639, May 19, 2011>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability concerning Restrictions on Employment) The amended provision of Article 22 (1) shall apply from the person who is first dismissed or discharged or is first punished by imprisonment without labor or heavier punishment after this Act enters into force (including a person whose period of suspended execution has passed since he/she was sentenced to suspended execution) because he/she has done an act falling under any subparagraph of Article 10-3 (1) of the Public Educational Officials Act.
ADDENDUM <Act No. 10914, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11065, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Qualification Standards for Principals Selected through Open Recruitment Procedure)
The amended provisions of Appendix 1 shall also apply to the person who used to serve or serves as a principal selected through open recruitment procedure under the previous provisions as at the time this Act enters into force.
ADDENDA <Act No. 11147, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force from one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 11219, Jan. 26, 2012>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 62 (2) shall enter into force on March 1, 2012 and the amended provisions of Article 30-8 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11384, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the parts concerning the Special Self-Governing City, the district office of education and the Superintendent of the Office of Education of the Special Self-Governing City shall enter into force on July 1, 2012, Article 2 (1) of the Addenda shall enter into force on July 22, 2012, and Article 2 (2) of the Addenda shall enter into force on January 18, 2013.
Article 2 Omitted.