Law Viewer

Back Home

REGULATIONS ON THE ESTABLISHMENT AND OPERATION OF SCHOOLS AND KINDERGARTENS FOR FOREIGNERS

Presidential Decree No. 21308, Feb. 6, 2009

Amended by Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 25793, Dec. 3, 2014

Presidential Decree No. 27374, Jul. 26, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters on the establishment and operation of schools for foreigners under Article 60-2 of the Elementary and Secondary Education Act and kindergartens for foreigners under Article 16 of the Early Childhood Education Act, and basic matters necessary for the enforcement thereof.
 Article 2 (Definitions)
The definitions of terms used in this Decree shall be as follows:
1. The term "national" means a person who possesses the nationality of the Republic of Korea (including a person with dual nationalities under Article 12 (1) of the Nationality Act);
2. The term "foreigner" means a person who does not possess the nationality of the Republic of Korea.
 Article 3 (Names)
Schools for foreigners or kindergartens for foreigners (hereinafter referred to as "schools, etc. for foreigners") shall indicate that they are schools or kindergartens for foreigners in their names: Provided, That this shall not apply to schools for foreigners, the scholarships of which are recognized under Article 12. <Amended by Presidential Decree No. 25793, Dec. 3, 2014>
 Article 4 (Standards for Establishment)
(1) Matters on the standards for establishment of schools, etc. for foreigners such as the standards for facilities and equipment necessary for the establishment and operation of schools, etc. for foreigners and the standards for assets necessary for the management of schools, etc. for foreigners shall be governed by the Regulations on the Establishment and Operation of High Schools or Schools of Various Levels Below High Schools. <Amended by Presidential Decree No. 25793, Dec. 3, 2014>
(2) Notwithstanding paragraph (1), school sites or facilities falling under the following may be rented and used. In such cases, school sites or facilities falling under subparagraph 1 or 2 (excluding gymnasiums, auditoriums, warehouses, security offices, and official residences) shall be limited to the property of the State, local governments, or foreign governments: <Added by Presidential Decree No. 25793, Dec. 3, 2014; Presidential Decree No. 27374, Jul. 26, 2016>
1. School sites;
2. Facilities necessary directly or indirectly for teaching and learning activity;
3. Following facilities meeting educational and public purposes:
(a) Lifelong education facilities affiliated with schools, which are established for the enhancement of refinement and vocational education of students under Article 30 (1) of the Lifelong Education Act;
(b) Parking facilities established in the basement of lifelong education facilities affiliated with schools under item (a).
 Article 5 (Qualifications for Establishment)
(1) Any person who falls under any of the following subparagraphs may establish a school for foreigners:
1. Foreigners;
2. Non-profit corporations which have been established under foreign Acts and subordinate statutes and have main offices in a foreign country (hereinafter referred to as "non-profit foreign corporations" in this Article);
3. School juristic persons which have been established under the Private School Act.
(2) Only foreigners and non-profit foreign corporations may establish kindergartens for foreigners.
 Article 6 (Application for Authorization to Establish Schools for Foreigners)
Any one who intends to obtain authorization to establish schools for foreigners under Article 4 (2) of the Elementary and Secondary Education Act shall file an application, accompanied by documents including matters falling under each subparagraph of Article 3 of the Enforcement Decree of the same Act and measures to secure school personnel, including the principals of schools for foreigners, to the superintendent of a Special Metropolitan City, a Metropolitan city, a Metropolitan Autonomous City, a Do or a Special Self-Governing Province (hereinafter referred to as “Si/Do”) (hereinafter referred to as the "superintendent"). <Amended by Presidential Decree No. 27374, Jul. 26, 2016>
 Article 7 (Matters to be Included in School Regulations of Schools for Foreigners)
School Regulations of schools for foreigners(hereinafter referred to as "school regulations") shall include the following matters, notwithstanding the provisions of Article 9 (1) of the Enforcement Decree of the Elementary and Secondary Education Act:
1. Purpose, name and location;
2. The terms of study, academic years, semesters and holidays;
3. The organization of classes and the fixed number of students;
4. Curriculums (including matters on books for courses of study in schools for foreigners, the scholarships of which are recognized under Article 12) and the number of school days;
5. Admission, re-admission, special admission into other school, transfer, temporary absence from school, expulsion from school, completion of courses and graduation and the procedures therefor;
6. Collection of tuition fees, admission fees, and other expenses;
7. Matters on the qualifications for and obligations of principals and teachers;
8. Prizes for and discipline of students;
9. Procedures for amending school regulations;
10. Other matters prescribed by the superintendent with regard to the operation, etc. of schools for foreigners.
 Article 8 (Application for Authorization to Establish Kindergartens for Foreigners)
Any one who intends to obtain authorization to establish kindergartens for foreigners under Article 8 (2) of the Early Childhood Education Act shall file an application, accompanied by documents including matters falling under Article 9 (1) 1 through 9 of the Enforcement Decree of the same Act, to the superintendent.
 Article 9 (Announcement of School Regulations)
The heads of schools for foreigners and the heads of kindergartens for foreigners shall announce school regulations under Article 7 and kindergarten rules (hereinafter referred to as "kindergarten rules") under Article 10 of the Enforcement Decree of the Early Childhood Education Act, respectively, on the Internet Website or such.
 Article 10 (Qualifications, etc of Nationals Admitted to Schools for Foreigners)
(1) "Those as prescribed by Presidential Decree" under Article 60-2 (1) of the Elementary and Secondary Education Act refers to nationals who have resided in foreign countries for not less than three years. <Amended by Presidential Decree No. 27374, Jul. 26, 2016>
(2) The term “those who the head of the relevant school deems to have difficulties to continue to attend school in conformity with the standards and procedures prescribed by Presidential Decree” in Article 60-2 (1) of the Elementary and Secondary Education Act means those who the head of the relevant school deems to recognize as students falling under any of the following after going through the deliberation of the School Governance Committees under Article 31 of the Act: <Added by Presidential Decree No. 27374, Jul. 26, 2016>
1. Students who are not able to keep up with the class due to significant lack of Korean proficiency;
2. Students with school maladjustment due to cultural difference;
3. Students unable to continue to attend school due to other causes similar to subparagraph 1 or 2.
(3) The proportion of nationals referred to in paragraph (1) shall not exceed 30% of the fixed number of students in schools for foreigners, but the superintendent may raise the proportion of admission of such nationals under the educational regulations of a Special Metropolitan City, a Metropolitan city or a Do within the range of 20%, by taking into account the conditions of the Special Metropolitan City, a Metropolitan city or a Do.
 Article 11 (Curriculums)
Matters on the curriculums of schools, etc. for foreigners shall be determined by school regulations or kindergarten rules: Provided, That schools for foreigners established by school juristic persons under Article 5 (1) 3 shall operate internationally certified curriculums recognized by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
 Article 12 (Recognition of Scholarships)
When domestic students who have graduated from schools for foreigners intend to be recognized to have the same level of scholarships as students who have graduated from domestic elementary, middle or high schools, schools for foreigners shall satisfy matters under the following subparagraphs:
1. Schools for foreigners shall organize curriculums of domestic students to ensure that the students may complete not less than 2 class subjects for not less than 102 hours a year, respectively, including Korean language and social studies (including Korean history or history in the subjects of social studies in middle and high schools; hereinafter the same shall apply), from among subjects under Article 43 of the Enforcement Decree of the Elementary and Secondary Education Act;
2. Teachers in charge of the subjects of Korean language or social studies in domestic elementary, middle or high schools shall be persons who have obtained certificates of qualification for regular teachers of Grades I and II under Article 21 (2) of the Elementary and Secondary Education Act: Provided, That teachers in charge of the subject of Korean language may be substituted by Korean language teachers who satisfy requirements under Article 13 (1) 1 or Article 13 (1) 2 (a) and (b) of the Enforcement Decree of the Framework Act on the National Language.
 Article 13 (Education concerning Korean Language and Korean Culture)
Schools for foreigners may provide education concerning Korean language and Korean culture to foreign students in the schools.
 Article 14 (Appointment or Dismissal of Teachers in Schools for Foreigners)
When a person who is authorized to appoint or dismiss teachers in schools, etc. for foreigners has appointed or dismissed teachers in the relevant schools, etc. for foreigners, he/she shall notify the Office of Education in charge of the schools, etc. for foreigners of personal information on the teachers within seven days from the date on which teachers are appointed or dismissed.
 Article 15 (Standards, etc. of Administrative Disposition)
(1) The term “suspend the collection of domestic students” in the former part of Article 63 (3) of the Elementary and Secondary Education Act means disposition not allowing to collect or enter domestic students not falling under any of the following, among persons qualified to enter foreigners’ schools under Article 60-2 (1) of the Elementary and Secondary Education Act:
1. Persons falling under Article 10 (2);
2. Persons whose fathers or mothers are foreigners.
(2) The standards of administrative disposition under Article 63 (3) of the Elementary and Secondary Education Act shall be as listed in the Appendix.
[This Article Added by Presidential Decree No. 27374, Jul. 26, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicable Examples concerning Proportion of Nationals Admitted to Foreigners' Schools)
The provisions of Article 10 (2) shall apply, beginning with the first student admitted to the curriculums of schools for foreigners since March 1, 2010.
Article 3 (Transitional Measures concerning Names)
When a school for foreigners, which has obtained authorization for establishment at the time this Decree enters into force, infringes the provisions of Article 3, the school for foreigners shall change its name within one year after this Decree enters into force.
Article 4 (Transitional Measures concerning Existing Students)
Domestic students in schools for foreigners which have obtained authorization for establishment at the time this Decree enters into force, shall be deemed to meet qualifications for admission under Article 10 (1).
Article 5 (Transitional Measures concerning Teachers)
Even when teachers in charge of the subjects of Korean language or social studies fail to meet the requirements under subparagraph 2 of Article 12, from among teachers in schools for foreigners which have obtained authorization for establishment at the time this Decree enters into force, the teachers shall be deemed to have qualifications for one year after this Decree enters into force.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 25793, Dec. 3, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27374, Jul. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2016.
Article 2 (Transitional Measures concerning Administrative Disposition)
The administrative disposition imposed on foreigners’ schools pursuant to Article 63 (1) and (2) of the Elementary and Secondary Education Act before this Decree enters into force because they enrolled persons not falling under Article 60-2 (1) of the Elementary and Secondary Education Act shall not be included in the calculation of the number of violation under the amended provision in the Appendix.