ENFORCEMENT DECREE OF CHARACTER EDUCATION PROMOTION ACT
Presidential Decree No. 26403, Jul. 20, 2015
Amended by Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28931, jun. 5, 2018
| Article 2 (Formulation of Comprehensive Plans for Character Education) |
| (1) | "Heads of the relevant central administrative agencies prescribed by Presidential Decree" in Article 6 (1) of the Character Education Promotion Act (hereinafter referred to as the "Act") means the following persons: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Minister of Strategy and Finance; |
| 2. | The Minister of the Interior and Safety; |
| 3. | The Minister of Culture, Sports and Tourism; |
| 4. | The Minister of Health and Welfare; |
| 5. | The Minister of Gender Equality and Family; |
| 6. | Other head of a relevant central administrative agency whom the Minister of Education deems necessary for consultation to efficiently promote character education and formulate a comprehensive plan for character education (hereinafter referred to as "comprehensive plan"). |
| (2) | "Matters prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means the following: |
| 1. | Constructing infrastructure for character education; |
| 2. | Practicing character education in schools; |
| 3. | Practicing character education at home; |
| 4. | Matters necessary for practicing and disseminating character education across society. |
| (3) | The Minister of Education shall formulate a comprehensive plan by September 30 of the year preceding the year to implement the relevant plan. |
| (4) | Where the Minister of Education formulates or modifies a comprehensive plan, he or she shall notify the superintendents of education (hereinafter referred to as "superintendent of education") of the Special Metropolitan City, a Metropolitan City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do"), of such plan. |
| Article 3 (Formulation of Implementation Plans for Character Education) |
| (1) | The superintendent of education shall formulate an annual implementation plan for character education for the relevant local government (hereinafter referred to as "implementation plan") under Article 6 (5) by three months prior to the commencement of every school year. |
| (2) | Where the superintendent formulates or modifies an implementation plan, he or she shall notify the schools and institutions under his or her command of such plan. |
| (3) | An implementation plan shall include the following: |
| 1. | Establishing and operating school curricula to promote character education; |
| 2. | Discovering and disseminating best practices for local character education; |
| 3. | Providing support required to practice and disseminate character education among schools, homes and local communities; |
| 4. | Measures to raise and manage financial resources for local character education; |
| 5. | Other matters concerning the promotion and support of character education. |
| Article 4 (Holding Hearings) |
| (1) | Where the Minister of Education and the superintendent of education hold a hearing pursuant to Article 8 (1) of the Act, they shall publicly announce the following on the Official Gazette, public gazette, website of the Ministry of Education and office of education, or daily newspapers at least once by the date 14 days before the hearing is held: |
| 1. | The purpose of holding a hearing; |
| 2. | Date, time, and venue of a hearing; |
| 3. | Outlines of the draft comprehensive plan or draft implementation plan; |
| 4. | Other matters necessary for holding a hearing. |
| (2) | Any person who has his or her opinion on the subject matter of the draft comprehensive plan or draft implementation plan announced pursuant to paragraph (1) may directly state his or her opinion by attending the hearing, or submit his or her opinion to the Minister of Education or the superintendent of education by a letter or electronic mail, etc. |
| Article 5 (Matters to Be Deliberated by Character Education Promotion Committee) |
"Matters prescribed by Presidential Decree" in Article 9 (1) 5 means the following: | 1. | Necessary matter concerning organization, human resources, business affairs, etc. related to promoting character education under Article 9 (5) of the Act; |
| 2. | Matters concerning the goals of character education for schools and the standards for achievement thereof under Article 10 of the Act; |
| 3. | Matters concerning the certification standards for character education programs and character education courses under Article 12 of the Act; |
| 4. | Matters for which the Minister of Education requests deliberation by the Character Education Promotion Committee (hereinafter referred to as the “Committee") to support character education in schools, homes, local communities, etc. |
| Article 6 (Organization and Operation of Committee) |
| 1. | A person who has at least 15 years of experience regarding any of the following and is recommended by a school or educational administrative agency, or by a school teachers' organization under Article 15 of the Framework Act on Education: Provided, That two or more of the following kinds of experience of a person shall be aggregated: |
| (a) | Experience in education; |
| (b) | Experience in educational administration; |
| (c) | Experience in educational research; |
| 2. | A person who represents students’ parents and is recommended by an organization, etc. of the parents; |
| 3. | A person who is recommended by the relevant organization and academic society and has abundant professional knowledge and research experience in character education; |
| (2) | The term of a member appointed as a member of the Committee shall be two years, and may be reappointed once. |
| (3) | The chairperson of the Committee (hereinafter referred to as "chairperson") shall represent the Committee, and supervise the overall affairs of the Committee. |
| (4) | Where the chairperson becomes unable to conduct his or her duties due to an extenuating circumstance, the member who is pre-designated by the chairperson shall perform the chairperson’s duties on behalf of the chairperson. |
| Article 7 (Meetings of Committee) |
| (1) | The chairperson shall convene meetings and preside over the meetings. |
| (2) | The chairperson shall convene a meeting of the Committee in any of the following cases: |
| 2. | Where the Minister of Education requests a meeting; |
| 3. | Where one third of the registered members request to hold a meeting; |
| 4. | Where the chairperson deems it necessary to hold a meeting. |
| (3) | When the chairperson intends to convene a meeting, he or she shall notify the members of the Committee (hereinafter referred to as "member") of date and time, venue, and agenda of the meeting, etc. in writing by the date seven days prior to the relevant meeting: Provided, That in extenuating circumstances such as a situation where an item requiring immediate deliberation arises, he or she may notify members of such matter by written document, telephone or text message for mobile phone, etc. |
| (4) | The meetings of the Committee shall be held by attendance of a majority of the registered members, and pass resolutions by a concurring vote of a majority of the attending members. |
| (5) | Where the chairperson deems it necessary in relation with the agenda items, he or she may allow experts and the relevant public officials to attend a meeting and hear their opinions. |
| (6) | Members and experts, etc. who attended the Committee may be paid with allowances and travel expenses, within budgetary limits: Provided, That this shall not apply where a member who is a public official attends a meeting of the Committee in direct connection with his or her duties. |
| Article 8 (Exclusion of Members) |
| (1) | Where a member falls under any of the following, he or she shall be excluded in deliberation or resolution by the Committee: |
| 1. | A member or his or her current or former spouse is a party to the relevant agenda (where a party is a corporation or organization, etc., including its officers; the same shall apply hereafter in this subparagraph and subparagraph 2), or is a joint holder of any right or joint obligator of any right of a party to the agenda; |
| 2. | A member who is a relative to a party to the relevant agenda; |
| 3. | A member who has provided testimony, statement, consultation, research, services or appraisal regarding the relevant agenda; |
| 4. | A member, or a corporation or organization, etc. to which a member is affiliated, is the current or former agent of a party to the relevant agenda. |
| (2) | Where a party to the relevant agenda is under any situation that the party has difficulty expecting fair deliberation or resolution by a certain member, the party may apply for evasion to the Committee; and the Committee shall decide whether the relevant member is to be evaded. In such cases, the member subject to application of evasion may not participate in the resolution. |
| (3) | Where a member has any reason for exclusion under any subparagraph of paragraph (1), he or she shall voluntarily avoid the deliberation or resolution of the relevant agenda. |
| Article 9 (Dismissal of Members) |
Where a member falls under any of the following, the Minister of Education may dismiss the relevant member:
| 1. | Where a member is unable to conduct his or her duties due to a physical or mental disorder; |
| 2. | Where a member is no longer qualified as a member due to neglect of duties, injury to dignity, or any other reason; |
| 3. | Where a member fails to avoid the agenda notwithstanding falling under any subparagraph of Article 8 (1). |
| Article 10 (Detailed Rules for Operation of Committee) |
Matters necessary for operating the Committee other than those defined in this Decree shall be determined by the chairperson upon resolution by the Committee.
| Article 11 (Standards for and Operation of Character Education at Schools) |
| (1) | Goals of character education for schools and achievement standards therefor under Article 10 (1) of the Act shall be determined for each level of schools, by the Minister of Education upon deliberation by the Committee. |
| (2) | A plan for character education under Article 10 (2) of the Act shall be formulated by the head of a school after collecting the opinions of teachers, students, and parents, and undergoing deliberation by the school management committee. |
| Article 12 (Support for Character Education) |
| (1) | The State and each local government shall regularly perform surveys concerning demand on character education programs under Article 11 (1) of the Act. |
| (2) | Where the State and each local government receive requests to use facilities or materials which they possess for character education, they shall actively cooperate with such request to the extent such use does not disrupt the original purpose of use. |
| (3) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor and a Special Self-Governing Province Governor, and the superintendent of education may organize and operate a City/Do Promotion Council for Character Education to promote character education in homes, schools and local communities. |
| (4) | Matters necessary to organize and operate a City/Do Promotion Council for Character Education under paragraph (3) shall be prescribed by municipal ordinance of the relevant local government. |
| Article 13 (Evaluation of Character Education) |
| (1) | Evaluation of the outcomes of promoting character education and the activities involved in character education under Article 16 of the Act shall be performed by including the following: |
| 1. | Degree of achievement of a comprehensive plan and implementation plan; |
| 2. | Satisfaction level on a support project for and education program of character education; |
| 3. | Other matters determined by the Minister of Education upon deliberation by the Committee to evaluate character education. |
| (2) | Except in extenuating circumstances such as a situation where protection of personal information is inevitable, the Minister of Education and superintendents of education shall disclose the findings of evaluation under paragraph (1) through the website, etc. of the Ministry of Education or the relevant office of education. |
| Article 14 (Training of Teachers) |
| (1) | Training courses related to character education of teachers under Article 17 (1) of the Act (hereinafter referred to as "teachers’ training") shall be created and operated by the following persons in reflection of a plan for teachers’ training under paragraph (2): <Amended by Act No. 28931, Jun. 5, 2018> |
| 1. | The President of the National Education Training Center; |
| 2. | The head of a training institute established by the superintendent of education among training institutes under Article 2 (2) of the Regulations on Training of Teachers; |
| 3. | The president of a school at which a teacher subject to training is in service. |
| (2) | The Minister of Education and each superintendent of education shall formulate a plan for teachers’ training respectively, to train the teachers of schools under their jurisdiction. In such cases, the plan for teachers’ training shall include the following: <Amended by Act No. 28931, Jun. 5, 2018> |
| 1. | Concept of character and character education; |
| 2. | Objective and content of character education; |
| 3. | Teaching method of character education in the curricular and extracurricular areas; |
| 4. | Best practices of character education at home and abroad; |
| 5. | Development and utilization of character education programs; |
| 6. | Assessment methods and use of results related to character education; |
| 7. | Methods and procedures for organizing and operating school curricula related to character education; |
| 8. | Other matters necessary for practicing character education. |
| (3) | The minimum hours of teachers’ training shall be four hours a year. |
| (4) | Except as otherwise expressly prescribed in paragraphs (1) through (3), the operation of teachers’ training and payment of training expenses shall be governed by the Regulations on Training of Teachers. |
| Article 15 (Designation of Character Education Specialist Training Institutions and Criteria for Designation) |
| (1) | Where the Minister of Education and the superintendent of education designate an education-related institution or organization (hereinafter referred to as "education-related institution, etc.") as a character education specialist training institution (hereinafter referred to as "specialist training institution") under Article 20 (2) of the Act, the criteria for such designation shall be as follows: |
| 1. | An education-related institution, etc. shall fall under any of the following: |
| (b) | A research institute under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| 2. | An education-related institution, etc. shall have the following requirements concerning training specialists for character education: |
| (a) | Appropriate curricula and subject matter of education; |
| (b) | A specific and practicable curriculum operation plan; |
| (c) | Facilities and equipment and faculty members necessary for curriculum operation. |
| (2) | The Minister of Education may designate an education-related institution, etc. falling under paragraph (1) 1 (a) or (b) as a specialist training institution, and the superintendent of education may designate an education-related institution, etc. falling under paragraph (1) 1 (c) as a specialist training institution, respectively. |
| (3) | Any education-related institution, etc. which intends to be designated as specialist training institution shall file an application for designation determined by Ordinance of the Ministry of Education with the designating authority based upon the classification under paragraph (2), attaching documents determined by Ordinance of the Ministry of Education. |
| (4) | Upon receipt of an application under paragraph (3), the Minister of Education and the superintendent of education shall decide whether to designate a specialist training institution within six months after the date of application, and shall notify the relevant education-related institution, etc. of the result. |
| (5) | Upon designating a specialist training institution, the Minister of Education and the superintendent of education shall issue a certificate of designation determined by Ordinance of the Ministry of Education to the specialist training institution designated, and the validity of the designation shall be three years after the date of designation. |
| Article 16 (Re-designation of Special Training Institutions) |
| (1) | The Minister of Education and the superintendent of education may re-designate a special training institution upon receipt of an application by the special training institution. |
| (2) | Any special training institution which intends to be re-designated under paragraph (1) shall file an application for re-designation within the period from one year to six months before the expiration date of validity of the original designation. |
| (3) | With respect to criteria, procedures and validity of re-designation under paragraph (1), Article 15 shall apply mutatis mutandis. |
| Article 17 (Request for Report to Special Training Institutions) |
Where the Minister of Education and the superintendent of education have subsidized expenses under Article 20 (2) of the Act, they may take the following measures to the relevant special training institution: | 1. | Requesting report on the situation of business and accounts; |
| 2. | Guiding or recommending the use of expenses subsidized. |
| Article 18 (Disclosure of Designation of Special Training Institutions) |
Where the Minister of Education and the superintendent of education have designated a special training institution under Article 15 or re-designated a special training institution under Article 16, they shall disclose the following matters through the website, etc. of the Ministry of Education and office of education: | 1. | Status of designation of a special training institution (name, representative and location, etc.); |
| 2. | Date of designation and validity of designation. |
| Article 19 (Standards for Imposition of Administrative Fines) |
The standards for imposition of administrative fines under Article 22 (1) of the Act shall be as listed in the attached Table.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2017.
Article 2 (Special Cases Concerning Establishment of Comprehensive Plans and Implementation Plans)
Notwithstanding Articles 2 (3) and 3 (1), a comprehensive plan established first after this Act enters into force and an implementation plan in 2016 shall be established by November 30, 2015, and January 31. 2016.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That any amendment made by Presidential Decree promulgated before this Act enters into force, whose date of enforcement has not arrived, among the Presidential Decrees amended pursuant to Article 8 of the Addenda shall respectively enter into force on the date such Presidential Decree enters into force.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28931, Jun. 5, 2018>
This Decree shall enter into force on June 20, 2018.