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
The definitions of terms used in this Decree shall be as follows:
2. | The term "foreigner" means a person who does not possess the nationality of the Republic of Korea. |
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> |
2. | Facilities necessary directly or indirectly for teaching and learning activity; |
3. | Following facilities meeting educational and public purposes: |
(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: |
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); |
(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) |
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) |
Article 9 (Announcement of School Regulations) |
Article 10 (Qualifications, etc of Nationals Admitted to Schools for Foreigners) |
(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. |
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) |
2. | Persons whose fathers or mothers are foreigners. |
[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.