ENFORCEMENT DECREE OF THE ACT ON DEVELOPMENT OF E-LEARNING INDUSTRY AND PROMOTION OF UTILIZATION OF E-LEARNING
Presidential Decree No. 18499, Jul. 30, 2004
Amended by Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20261, Sep. 10, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21692, Aug. 18, 2009
Presidential Decree No. 21762, Oct. 1, 2009
Presidential Decree No. 21834, Nov. 20, 2009
Presidential Decree No. 23542, Jan. 25, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 26215, Apr. 29, 2015
Presidential Decree No. 26703, Dec. 10, 2015
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 2 (E-Learning Industry and E-Learning Business Operators, Etc.) |
| 1. | Business of training e-learning professional personnel; |
| 2. | Business of collecting information related to e-learning; |
| 3. | Other business determined and publicly announced by the Minister of Trade, Industry and Energy, which is related to developing the e-learning industry. |
| (2) | "Person prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means a person who manages the business falling under each of the items of subparagraph 3 of Article 2 of the Act. |
| (3) | "Other institutions prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means special corporations established under the Special Act. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 3 (Procedures for Formulating Master Plan) |
| (1) | A master plan on developing the e-learning industry and promoting the utilization of e-learning under Article 6 (1) of the Act (hereinafter referred to as "Master Plan") shall be formulated every three years. |
| (2) | The heads of relevant central administrative agencies shall submit plans for each sector to formulate the Master Plan to the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy shall formulate a draft of the Master Plan by integrating plans for each sector; and shall submit such draft to the E-Learning Promotion Committee under Article 8 (1) of the Act (hereinafter referred to as the "Committee"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 4 (Contents of Formulation of Master Plan) |
| 1. | Matters concerning founding e-learning business; |
| 2. | Matters concerning supporting the utilization of e-learning for Korean nationals residing abroad; |
| 3. | Matters concerning supporting the utilization of e-learning for vulnerable social group. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 5 (Formulation of Implementation Plans) |
| (1) | The implementation plans for developing the e-learning industry and promoting utilization of e-learning under Article 7 (1) of the Act (hereinafter referred to as "implementation plans") shall include the following: |
| 1. | Details including the contents by business unit and methods of implementation, business entities, necessary funds and its financing plans; |
| 2. | Matters concerning supporting development of the e-learning industry and promoting utilization of e-learning, such as financial support; |
| 3. | Matters necessary for promoting implementation plans. |
| (2) | The heads of relevant central administrative agencies shall submit the implementation plans of the following year by October 31 every year to the Committee. |
| (3) | If necessary for formulating implementation plans, the heads of the relevant central administrative agencies may request the relevant administrative agencies, local governments, educational institutions or public institutions, etc. to submit necessary materials. |
| (4) | Implementation plans shall be determined by November 30 every year in deliberation of the Committee, except in extenuating circumstances. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 6 (Operation of Committee, etc.) |
| (1) | A meeting of the Committee shall be held if the chairperson of the Committee (hereinafter referred to as "chairperson") deems it necessary or at least 1/3 of the registered members request it. |
| (2) | Where the chairperson is unable to conduct his/her duties due to unavoidable reason, the vice chairperson shall conduct such duties on behalf of the chairperson; and where both the chairperson and the vice chairperson are unable to perform their duties, a member in the order of Article 8 (2) 1 of the Act shall conduct their duties on their behalf. |
| (3) | Where the chairperson intends to hold a meeting, he/she shall notify each member of the time and date, the venue and the agenda of the meeting by seven days before the meeting is held: Provided, That he/she may notify such meeting by the previous day of the meeting held if the meeting is urgently held or any unavoidable reason exists. |
| (4) | A meeting of the Committee shall be held by attendance of a majority of registered members and determined by consent of a majority of members present. |
| (5) | The term of a member under subparagraphs 2 and 3 of Article 8 (2) of the Act shall be two years; and he/she may be reappointed only once. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 7 (Dismissal, etc. of Members) |
| (1) | A person who has designated or recommended a member under Article 8 (2) 1 or 2 of the Act may revoke his/her designation or recommendation if the member falls under any of the following: |
| 1. | Where the member is unable to perform his/her duties due to mental and physical disorder; |
| 2. | Where the member is involved in corruption related to his/her duties; |
| 3. | Where it is deemed for the member to be inappropriate for membership due to neglect of duties, injury to dignity or other reason; |
| 4. | Where the member expresses his/her intention by his/her own will that it is difficult for him/her to perform his/her duties. |
| (2) | Where a member under Article 8 (2) 3 of the Act falls under any of the subparagraphs of paragraph (1), the relevant member may be dismissed. |
[This Article Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015]
| Article 8 (Attendance, etc. of Related Experts) |
If it is deemed necessary for deliberating agenda and conducting other affairs, the Committee may require interested persons or related experts to attend the meeting and hear their opinions or request them to submit their opinions.
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 9 (Payment of Allowances) |
Allowances may be paid to members and related experts present in the Committee within budgetary limits: Provided, That where a member who is a public official attends the meeting in direct relation with affairs under his/her jurisdiction, the same shall not apply.
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 10 (Matters Necessary for Operation, etc.) |
The chairperson shall determine matters necessary for operating, etc. the Committee in addition to those provided for in this Decree following resolution made by the Committee.
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 11 (Subjects to Designation of Institutions for Nurturing Experts, Etc.) |
"E-learning-related research institutes, agencies or organizations prescribed by Presidential Decree" in Article 9 (2) of the Act means the following research institutes, agencies or organizations: | 1. | Research institutes, agencies or organizations opening and operating educational courses related to e-learning; |
| 3. | Corporations performing affairs related to fostering the e-learning industry, which are corporations under Article 32 of the Civil Act or the Act on the Establishment and Operation of Public Interests Corporations. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 11-2 (Support for Technological Development, etc.) |
"Other projects prescribed by Presidential Decree" in subparagraph 5 of Article 10 of the Act means the following: | 1. | Projects for education and training of human resources for development and research or investigation of technologies related to e-learning; |
| 2. | Projects for exchange and arrangement with professional organizations or international organizations for development and research or investigation of e-learning technologies in foreign countries; |
| 3. | Projects which the heads of the relevant central administrative agencies deem necessary for development and research or investigation of technologies. |
[This Article Newly Inserted by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 12 (Performing Standardization Projects by Proxy) |
| (1) | "E-learning-related research institutes, agencies or organizations prescribed by Presidential Decree" in the former part of Article 11 (2) of the Act means the following research institutes, agencies or organizations (hereinafter referred to as "agencies"): |
| 2. | The Korea Education and Research Information Service under the Korea Education and Research Information Service Act; |
| 3. | Other research institutes, agencies or organizations which perform research and projects related to standardization of e-learning, as deemed by the heads of the relevant central administrative agencies in deliberation by the Committee. |
| (2) | Where the Government subsidizes expenses incurred in performing the standardization of e-learning to agencies pursuant to the latter part of Article 11 (2) of the Act, it may pay the subsidy in installments in consideration of the size, commencing time, etc. of standardization projects. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 13 Deleted. <by Presidential Decree No. 26215, Apr. 29, 2015> |
| Article 13-2 (Scope of Socially Vulnerable Class) |
"Socially vulnerable class prescribed by Presidential Decree" in Article 17-2 (2) of the Act means the following persons: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> | 1. | A person whose average household monthly income is less than 60/100 of national average household monthly income; |
| 6. | Other persons determined and publicly notified by the Minister of Education. |
[This Article Newly Inserted by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 14 (E-Learning Implementation Proportion of Public Institutions) |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 15 (Financial and Administrative Support) |
The Government may take necessary measures on the following matters for developing the e-learning industry and promoting the utilization of e-learning under Article 19 (2) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> | 1. | Nurturing the e-learning industry and establishing infrastructure; |
| 2. | Publicizing e-learning and promoting utilization thereof; |
| 3. | Overseas advance and internationalization of e-learning; |
| 4. | Matters determined by the Minister of Trade, Industry and Energy in consultation with the heads of the relevant central administrative agencies for developing the e-learning industry and promoting utilization of e-learning; |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 16 (Designation of E-Learning Centers, etc.) |
| (1) | The requirements for designating an e-learning center under Article 20 (1) and (5) of the Act shall be as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | To reserve professional human resources, facilities and equipment necessary for conducting affairs, such as education and training of e-learning and management consulting; |
| 2. | To be reasonable in financing plans necessary for performing function; |
| 3. | To fulfil requirements which the Minister of Trade, Industry and Energy determines and publicly notifies in consultation with the heads of the relevant central administrative agencies. |
| (2) | Any person who intends to be designated as an e-learning center shall submit a designation application attached with documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the head of the relevant central administrative agency. The same shall also apply when he/she intends to change the details of designation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | The head of the relevant central administrative agency in receipt of a designation application under paragraph (2) shall designate a person meeting the designation requirements of the subparagraphs of paragraph (1) as an e-learning center in deliberation of the Committee; and shall issue a certificate for designation prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (4) | "Matters prescribed by Presidential Decree" in Article 20 (2) 3 of the Act means the following: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Matters concerning publicizing and promoting e-learning in the relevant region; |
| 2. | Matters concerning surveying or researching and providing information of e-learning in the relevant region; |
| 3. | Matters which the Minister of Trade, Industry and Energy determines for developing the e-learning industry and promoting utilization of e-learning in the relevant region. |
| (5) | Where an e-learning center has remarkably poor results of business promotion or fails to fulfil the requirements of designation for professional human resources, facilities and equipment, the head of the relevant central administrative agency may cancel the designation thereof in deliberation with the Committee. |
| (6) | The head of the relevant central administrative agency may partially support expenses required to perform the function of an e-learning center within budgetary limits. |
| (7) | An e-learning center which is supported with expenses under paragraph (6) shall submit the results of business promotion, the results of budget execution of the applicable year and the business plan for the next year to the head of the relevant central administrative agency within two months after the completion of business. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 16-2 (Agencies for Reporting of E-Learning Business Operators) |
"Institutions or organizations prescribed by Presidential Decree" in Article 20-4 (2) of the Act means institutions or organizations meeting all the following requirements: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> | 1. | To be any of the following institutions or organizations: |
| (b) | An institution or organization conducting business related to e-learning, which is a non-profit-making juristic person under Article 32 of the Civil Act; |
| 2. | To be an institution or organization which the Minister of Trade, Industry and Energy recognizes to have human resources and equipment for systemically managing information related to the e-learning industry. |
[This Article Newly Inserted by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 16-3 (Types of E-Learning Development Projects, etc.) |
| (1) | Types of e-learning development projects under Article 20-5 (1) shall be as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Production projects for e-learning contents (excluding projects for maintaining or repairing e-learning contents that are wholly or partially produced by an e-learning business operator who is a large-scale enterprise); |
| 2. | Other projects related to research and development of e-learning, which are deemed necessary for expanding participation of small and medium enterprises by the Minister of Trade, Industry and Energy and notified thereby. |
[This Article Newly Inserted by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 17 (Use of Public Information, etc.) |
Pursuant to Article 22 (3) of the Act, the heads of public institutions shall disclose the following matters for e-learning business operators to use information which the relevant public institutions reserve and manage for the purpose of production of e-learning contents and education: | 1. | Scope of providing information; |
| 2. | Type of providing information; |
| 3. | Usage fee and charges of information; |
| 4. | Scope of processing and using information; |
| 5. | Time and date of renewing information; |
| 6. | Standards and procedures for application for information disclosure; |
| 7. | Matters which the heads of the relevant public institutions deem necessary for facilitating the use of public information. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 18 (Establishment and Operation of Repositories for Freely Available Information) |
| (1) | The Government may establish a repository for freely available information under Article 23 (2) of the Act (hereinafter referred to as "repository") in a research institute, agency or organization of the subparagraphs of Article 12 (1). |
| (2) | A repository shall conduct the following affairs: |
| 1. | Collecting, analyzing, and producing freely available information; |
| 2. | Managing and accumulating freely available information; |
| 3. | Providing and distributing freely available information; |
| 4. | Other affairs entrusted by the heads of relevant central administrative agencies, which are necessary for facilitating the use of freely available information. |
| (3) | The Government may subsidize expenses necessary for operating repositories. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 19 (Surveys on Actual Status of E-Learning Industry and Utilization of E-Learning) |
| (1) | The Minister of Trade, Industry and Energy may survey and analyze the actual status of the e-learning industry and utilization of e-learning under Article 27 of the Act. In such cases, he/she shall publicly announce the results thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | Survey cycles, questionnaires and survey methods necessary for preparing surveys on the actual status of the e-learning industry and utilization of e-learning under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
| Article 20 (Matters for Conducting Surveys on Actual Status of E-Learning Industry and Utilization of E-Learning) |
Surveys on the actual status of the e-learning industry and utilization of e-learning under Article 27 of the Act shall be conducted for the following matters: | 1. | Matters concerning market status and market estimate for the e-learning industry; |
| 2. | Matters concerning investment related to the e-learning industry and utilization of e-learning; |
| 3. | Matters concerning actual status of human resources and its supply and demand related to the e-learning industry and utilization of e-learning; |
| 4. | Matters concerning technology and its technical level related to the e-learning industry and utilization of e-learning; |
| 5. | Matters concerning international trend related to the e-learning industry and utilization of e-learning; |
| 6. | Other matters necessary for formulating and implementing policies related to the e-learning industry and utilization of e-learning. |
[This Article Wholly Amended by Presidential Decree No. 23542, Jan. 25, 2012]
ADDENDUM
This Decree shall enter into force on July 30, 2004.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21762, Oct. 1, 2009>
This Decree shall enter into force on October 2, 2009.
ADDENDA <Presidential Decree No. 21834, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23542, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Article 2 (Applicability to Formulation of Mater Plan)
The amended provisions of Articles 3 and 4 shall begin to apply from the master plan which is formulated on 2016.
Article 3 (Applicability to Reappointment of Members of E-Learning Promotion Committee)
Where the amended provisions of Article 6 (5) apply to a member of the E-Learning Promotion Committee as at the time this Decree enters into force, the term as at the time this Decree enters into force shall be deemed the first term.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 26215, Apr. 29, 2015>
This Decree shall enter into force on July 29, 2015.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.