ENFORCEMENT DECREE OF THE EARLY CHILDHOOD EDUCATION ACT
Presidential Decree No. 18690, Jan. 29, 2005
Amended by Presidential Decree No. 18873, jun. 23, 2005
Presidential Decree No. 19507, jun. 12, 2006
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21327, Feb. 25, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22174, May 31, 2010
Presidential Decree No. 23185, Sep. 30, 2011
Presidential Decree No. 23242, Oct. 25, 2011
Presidential Decree No. 23609, Feb. 3, 2012
Presidential Decree No. 23734, Apr. 17, 2012
Presidential Decree No. 23745, Apr. 20, 2012
Presidential Decree No. 24074, Aug. 31, 2012
Presidential Decree No. 24247, Dec. 21, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 24846, Nov. 20, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25962, Jan. 6, 2015
Presidential Decree No. 26671, Nov. 30, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 26855, Dec. 31, 2015
Presidential Decree No. 27226, jun. 21, 2016
Presidential Decree No. 27500, Sep. 21, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28102, jun. 13, 2017
Presidential Decree No. 28111, jun. 20, 2017
Presidential Decree No. 28697, Mar. 13, 2018
Presidential Decree No. 29421, Dec. 24, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for the matters mandated by the Early Childhood Education Act and other matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 1-2 (Contents, etc. of Master Plans for Development of Early Childhood Education) |
| (1) | The Ministry of Education shall formulate a plan for development of early childhood education, including the following, pursuant to Article 3-2 (3) of the Early Childhood Education Act (hereinafter to as the “Act”): <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Matters concerning the goals of, and direction-setting for, policies on early childhood education; |
| 2. | Matters concerning the establishment of a foundation for the development of early childhood education; |
| 3. | Matters concerning increasing investments in, and funding necessary for early childhood education; |
| 4. | Matters concerning analysis and evaluation of policies on early childhood education; |
| 5. | Matters necessary for improving the environmental conditions of kindergartens; |
| 6. | Other matters necessary for developing early childhood education. |
| (2) | A fact-finding survey on early childhood education under Article 3-2 (4) of the Act shall include the following matters: <Newly Inserted by Presidential Decree No. 27226, Jun. 21, 2016> |
| 1. | Current status of young children to receive early childhood education by region; |
| 2. | Current status of the distribution of kindergartens by region and by kind; |
| 3. | Matters concerning teaching staff and personnel of kindergartens; |
| 4. | Matters concerning the fixed number and current number of young children for each kindergarten; |
| 5. | Current status of the administrative organization for supporting early childhood education and support therefor; |
| 6. | Other matters concerning early childhood education deemed necessary by the Minister of Education. |
| (3) | A fact-finding survey shall be executed in the manner of a sample survey, but, if necessary, may be conducted in the manner of a complete enumeration survey. <Newly Inserted by Presidential Decree No. 27226, Jun. 21, 2016> |
| (4) | The Minister of Education shall publish the results of a fact-finding survey on the website of the Ministry of Education. <Newly Inserted by Presidential Decree No. 27226, Jun. 21, 2016> |
| (5) | Details regarding a fact-finding survey on early childhood education, other than the matters referred to in paragraphs (2) through (4), shall be determined by the Minister of Education. <Newly Inserted by Presidential Decree No. 27226, Jun. 21, 2016> |
| (6) | Pursuant to Article 3-2 (5) of the Act, the superintendent of education (hereinafter to as “superintendent of education”) of each Special Metropolitan City, Metropolitan City, Special Self-Governing City/Do, and Special Self-Governing Province (hereinafter to as “City/ Do”) shall formulate an annual implementation plan by the end of every February. |
[This Article Newly Inserted by Presidential Decree No. 23745, Apr. 20, 2012]
| Article 2 (Duties, etc. of Chairperson of Early Childhood Education and Nursery Committee) |
| (1) | The chairperson of the Early Childhood Education and Nursery Committee established under Article 4 of the Act (hereafter referred to as the "chairperson" in this Article) shall represent the Early Childhood Education and Nursery Committee and exercise overall control of the affairs of the Early Childhood Education and Nursery Committee. <Amended by Presidential Decree No. 23745, Apr. 20, 2012> |
| (2) | The chairperson shall convene a meeting of the Early Childhood Education and Nursery Committee and preside over such meeting. |
| (3) | The Vice Minister of Education shall assume office as the vice chairperson of the Early Childhood Education and Nursery Committee. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (4) | The vice chairperson prescribed in paragraph (3) shall assist the chairperson, and act for the chairperson where the chairperson is unable to perform his/her duties due to a compelling reason. |
| (5) | The term of office of members (excluding the members under Article 4 (2) 1 of the Act) of the Early Childhood Education and Nursery Committee shall be two years, which may be renewed only once: Provided, That the term of office of any member filling a vacancy shall be the remainder of his/her predecessor's term of office. |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 3 (Operation of Early Childhood Education and Nursery Committee) |
| (1) | Meetings of the Early Childhood Education and Nursery Committee shall be held with a majority of all incumbent members present, and resolutions shall be passed with the affirmative vote of a majority of those present. |
| (2) | The chairperson of the Early Childhood Education and Nursery Committee may request the heads of relevant administrative agencies, institutions and organizations to furnish materials or present opinions if he/she deems it necessary to perform the affairs of the Early Childhood Education and Nursery Committee. |
| (3) | The members of the Early Childhood Education and Nursery Committee who attend its meetings may be reimbursed allowances and travel expenses within budgetary limits: Provided, That the same shall not apply where any public official member attends its meeting in direct connection with his/her official duties. |
| (4) | The Early Childhood Education and Nursery Committee shall have two secretaries in charge of administrative affairs, and the secretaries shall be appointed from among director generals or deputy director generals in charge of early childhood education and nursery policy in the Ministry of Education or the Ministry of Health and Welfare. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (5) | The secretaries may attend any meeting of the Early Childhood Education and Nursery Committee to present their opinions. |
| (6) | Except as otherwise expressly provided for in this Decree, the chairperson shall prescribe matters necessary for the operation of the Early Childhood Education and Nursery Committee upon a resolution thereon by the Early Childhood Education and Nursery Committee. |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 4 (Chairperson of Early Childhood Education Committee, etc.) |
| (1) | The Vice Minister of Education shall be the chairperson of the Central Early Childhood Education Committee established within the Ministry of Education pursuant to Article 5 of the Act, the vice chairperson shall be elected from among its members, and members shall be commissioned or appointed by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (2) | The chairperson of a City/Do Early Childhood Education Committee established within the office of education of each City/Do pursuant to Article 5 of the Act shall be the vice superintendent of education of the relevant City/Do; the vice chairperson shall be elected from among the members of the Committee; and the members shall be commissioned or appointed by the superintendent of education of the relevant City/Do. <Amended by Presidential Decree No. 23745, Apr. 20, 2012> |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 5 (Composition of Early Childhood Education Committee) |
| (1) | The Central Early Childhood Education Committee and a City/Do Early Childhood Education Committee (hereinafter referred to as "Early Childhood Education Committee") shall consist of not less than nine but not more than 15 members, including one chairperson and one vice chairperson. |
| (2) | The chairperson of the Early Childhood Education Committee (hereinafter referred to as the "chairperson") shall represent the Early Childhood Education Committee and exercise overall control over its affairs. |
| (3) | The chairperson shall convene a meeting of the Early Childhood Education Committee and preside over such meeting. |
| (4) | The vice chairperson shall assist the chairperson and shall perform the chairperson's duties by proxy where the latter is unable to perform his/her duties due to any unavoidable reason. |
| (5) | The term of office of the members who are not public officials shall be two years, and they may be reappointed only once: Provided, That the term of office of any member filling a vacancy shall be the remainder of his/her predecessor's term of office. |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 5-2 (Dismissal or Removal of Members of Early Childhood Education Committee) |
| (1) | Where a member of the Early Childhood Education Committee prescribed in Article 4 (1) falls under any of the following cases, the Minister of Education may dismiss or remove the member from office: |
| 1. | Where he/she becomes unable to perform his/her duties due to a mental disorder; |
| 2. | Where he/she has committed any misconduct in connection with her/her duties; |
| 3. | Where he/she is deemed inappropriate as a member due to negligence of duties, injury to dignity, or any other reason; |
| 4. | Where he/she voluntarily informs that circumstances prevent him/her from performing his/her duties. |
| (2) | Where any member of a City/Do Early Childhood Education Committee referred to in Article 4 (2) falls under any subparagraph of paragraph (1), the superintendent of education of the relevant City/Do may dismiss or remove the relevant member from office. |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 6 (Operation of Early Childhood Education Committee) |
| (1) | Meetings of the Early Childhood Education Committee shall be held with a majority of all incumbent members present, and resolutions shall be passed with the affirmative vote of a majority of those present. |
| (2) | The chairperson of the Early Childhood Education Committee may request the heads of relevant administrative agencies, institutions and organizations to furnish materials or present opinions, if he/she deems it necessary to perform the affairs of the Early Childhood Education Committee. |
| (3) | The members of the Early Childhood Education and Nursery Committee who attend its meetings may be reimbursed allowances and travel expenses within budgetary limits: Provided, That the same shall not apply where any public official member attends its meeting in direct connection with his/her official duties. |
| (4) | The Early Childhood Education Committee shall have one secretary in charge of its administrative affairs, and the secretary shall be appointed by the Minister of Education and the superintendent of education from among his/her subordinate public officials. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (5) | The secretary may attend any meeting of the Early Childhood Education Committee to present his/her opinions. |
| (6) | Except as otherwise expressly provided for in this Decree, the chairperson shall prescribe matters necessary for the operation of the Early Childhood Education Committee upon a resolution thereon by the Early Childhood Education Committee. |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 6-2 (Establishment, etc. of Early Childhood Education and Development Institutes) |
| (1) | Where an early childhood education and development institute is established under Article 6 (1) of the Act, the Minister of Education and the superintendent of education shall secure separate space for the business affairs of the institute and assign human resources specializing in early childhood education to the institute who shall be exclusively in charge of its business affairs, in order to ensure an efficient performance of the business affairs of the institute. |
| (2) | The superintendent of education may establish a branch of an early childhood education and development institute, taking into account matters such as geographical characteristics and demand for early childhood education in the relevant region. |
| (3) | In order to conduct and operate its business affairs efficiently, an early childhood education and development institute may establish a collaboration network and cooperate with related institutions. |
[This Article Newly Inserted by Presidential Decree No. 26671, Nov. 30, 2015]
| Article 7 (Entrustment of Businesses concerning Early Childhood Education) |
| (1) | The Minister of Education and the superintendent of education may entrust the businesses provided for in Article 6 (1) of the Act to a research institute or organization related to early childhood education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (2) | The Minister of Education and the superintendent of education may grant the research institute or organization entrusted under paragraph (1) subsidies necessary to cover expenses incurred in performing the entrusted businesses. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (3) | The Minister of Education and the superintendent of education shall, in advance, publish standards, procedures, methods, etc. pertaining to entrustment on their bulletin boards or their web pages if they intend to entrust the businesses concerning early childhood education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (4) | Any person who wishes to be entrusted with the businesses concerning early childhood education shall file an application, accompanied by the following documents, with the Minister of Education or the superintendent of education. In such cases, the Minister of Education or the superintendent of education shall confirm a corporation registration certificate using administrative information shared under Article 36 (1) of the Electronic Government Act (only applicable to corporate applicants). <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | A project implementation plan; |
| 2. | A statement of facilities, equipment and professionals needed to perform the business and an operational plan; |
| 3. | Articles of incorporation (limited to corporations). |
| (5) | Upon receipt of an application for entrustment of businesses concerning early childhood education filed under paragraph (4), the Minister of Education and the superintendent education shall determine whether to entrust such businesses to the relevant applicant, considering the entrustment standards published under paragraph (3). <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 7-2 (Details of Statistical Survey on Education) |
The details of a statistical survey on education under Article 6-2 (1) of the Act (hereinafter referred to as "statistical survey on education") shall be as follows: | 1. | Status information such as the name, type, location and facilities of a kindergarten; |
| 2. | Matters concerning children who are enrolled in or have graduated from a kindergarten; |
| 3. | Matters concerning teachers and staff of a kindergarten; |
| 4. | Matters concerning staff of an educational administrative agency related to early childhood education; |
| 5. | Matters regarding the finance of an educational administrative agency related to early childhood education; |
| 6. | Matters which the Minister of Education deems necessary for a statistical survey on education. |
[This Article Newly Inserted by Presidential Decree No. 28111, Jun. 20, 2017]
| Article 7-3 (Procedures for Statistical Surveys on Education and Disclosure of Results, etc.) |
| (1) | Statistical surveys on education shall be classified into two types: regular surveys and occasional surveys. |
| (2) | A regular survey shall be conducted on the basis of April 1 and October 1 of every year, and an occasional survey shall be conducted whenever the Minister of Education deems it necessary. |
| (3) | The Minister of Education shall determine the guidelines for a statistical survey on education, including standardized classification system for survey, before the base date for a regular survey under paragraph (2) and shall notify the same to the relevant superintendent of education and the head of each kindergarten. |
| (4) | The relevant superintendent of education and the head of each kindergarten shall prepare the materials under the guidelines for a statistical survey on education under paragraph (3) and submit such materials to the Minister of Education within 30 days from the survey base date pursuant paragraph (2). |
| (5) | Where the materials submitted under paragraph (4) require modification and supplementation, the Minister of Education may request the relevant superintendent of education or the head of the relevant kindergarten to modify and supplement such materials. |
| (6) | Upon completion of a statistical survey on education, the Minister of Education shall disclose its results in a manner widely accessible to the general public, such as posting those on the website of the Ministry of Education. |
| (7) | The Minister of Education may establish and operate a system to integrate and connect information for educational statistics and then process, record and manage such information (hereinafter referred to as "statistical survey on education system") so as to collect and manage materials concerning educational statistics. |
| (8) | The Minister of Education may exchange information and collaborate with international organizations, foreign governments, or foreign institutions, etc. to develop educational statistics. |
| (9) | Matters necessary for a statistical survey on education other than those provided for in paragraphs (1) through (8) shall be prescribed by the Minister of Education. |
[This Article Newly Inserted by Presidential Decree No. 28111, Jun. 20, 2017]
| Article 7-4 (Designation of National Educational Statistics Center and Entrustment of Operation) |
| (2) | The Minister of Education shall entrust the following affairs to the Korea Educational Development Institute under Article 6-2 (8) of the Act: |
| 3. | Affairs regarding establishment and operation of a system for statistical survey on education under Article 7-3 (7). |
[This Article Newly Inserted by Presidential Decree No. 28111, Jun. 20, 2017]
CHAPTER II ESTABLISHMENT AND OPERATION, ETC. OF KINDERGARTENS
| Article 8 (Standards for Establishing Kindergartens) |
Matters concerning the standards for establishing kindergartens (including special schools corresponding to kindergartens under Article 15 of the Act; hereinafter the same shall apply), including facilities and equipment, etc., to be met by persons who intend to establish kindergartens in accordance with Article 8 (1) of the Act shall be separately determined by Presidential Decree. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 9 (Application for Authorization for Establishment of Private Kindergartens) |
| (1) | Any person who intends to obtain authorization for establishment of a private kindergarten pursuant to Article 8 (2) of the Act shall file an application for authorization for establishment of a school, stating the objectives, name, location, scheduled opening date, etc. with the superintendent of education, along with the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of Education: <Amended by Presidential Decree No. 26671, Nov. 30, 2015> |
| 1. | Kindergarten regulations referred to in Article 10 of the Act (hereinafter referred to as “kindergarten regulations”); |
| 2. | A cadastral map of a kindergarten site or practice site; |
| 3. | A ground plan of a kindergarten building (including a sport ground); |
| 4. | Where the founder is a corporation, documents concerning the registration and contributions; |
| 5. | Where the founder is a private person, documents concerning his/her ability to pay expenses and make repayments; |
| 6. | In the case of a person to be appointed as the head of the relevant kindergarten, the following documents: |
| (a) | Documents necessary to prove his/her qualifications; |
| (b) | A written consent to sexual criminal record check; |
| (c) | A statement of identity; |
| 7. | Other documents prescribed by Ordinance of the Ministry of Education, such as documents related to facilities and equipment. |
| (2) | The founder or operator of a private kindergarten who intends to obtain authorization for the closedown of the private kindergarten pursuant to Article 8 (4) of the Act shall file an application for authorization for closedown of a school, stating the reasons for and the date of closedown, with the superintendent of education, along with the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of Education: |
| 1. | A plan for support for young children and disposal of facilities and equipment of the relevant kindergarten; |
| 2. | Other documents prescribed by Ordinance of the Ministry of Education, such as a document on the disposal of property. |
| (3) | "Important matters prescribed by Presidential Decree" in Article 8 (4) of the Act means the following: <Amended by Presidential Decree No. 26671, Nov. 30, 2015> |
| 1. | Founder or operator of a kindergarten; |
| 5. | Matters falling under Article 10 (1) 2, 6, 8, and 9, among those required to be stated in kindergarten regulations; |
| 6. | A cadastral map of a kindergarten site or practice site; |
| 7. | A ground plan of a kindergarten building (including a sports ground). |
| (4) | The founder or operator of a private kindergarten who intends to obtain authorization for modification pursuant to Article 8 (4) of the Act shall file an application for authorization for modification of a school, stating the reasons for modification, the matters to be modified, and the date of modification, with the superintendent of education, along with documents (including electronic documents) related to the matters to be modified, as prescribed by Ordinance of the Ministry of Education. |
| (5) | Upon receipt of an application for authorization for the closedown of a private kindergarten or authorization for modification under Article 8 (4) of the Act, the superintendent of education shall notify an applicant of whether to grant authorization or reasons for delaying the processing of such application, within the following periods from the date of receipt of the application: <Newly Inserted by Presidential Decree No. 28697, Mar. 13, 2018> |
| 1. | Closedown of the kindergarten: 15 days; |
| 2. | Change of the location of the kindergarten: 30 days; |
| 3. | Change of the founder or operator of the kindergarten: 15 days. |
[This Article Wholly Amended by Presidential Decree No. 25962, Jan. 6, 2015]
| Article 9-2 (Obligation to Establish Kindergartens) |
“Housing complexes with rental housing for low-income people at a rate equal to or exceeding the rate prescribed by Presidential Decree” referred to in Article 9-2 (1) 5 of the Act means housing complexes with not less than 500 households, of which at least 15/100 is rental housing for low-income people. [This Article Newly Inserted by Presidential Decree No. 27226, Jun. 21, 2016]
| Article 10 (Matters to Be Stated in Kindergarten Regulations and Relevant Matters) |
| (1) | The kindergarten regulations shall include the following: |
| 1. | The fixed period of education, semesters and the number of non-teaching days; |
| 2. | The organization of classes and the maximum number of kindergarteners; |
| 3. | Details of education programs; |
| 4. | The number of teaching days and methods of running classes; |
| 5. | Admission, re-admission, transfer admission, transfer to another kindergarten, leave of absence, expulsion, completion of courses, and graduation; |
| 6. | Collection of tuition fees, admission fees and other fees; |
| 7. | Procedures for revising the kindergarten regulations; |
8．Matters required to be determined by the kindergarten regulations under other statutes;
| 9. | Other matters determined by the guidance and supervisory agency for the relevant kindergarten (hereinafter referred to as "competent agency") under Article 18 (1) of the Act. |
| (2) | Where the head of a private kindergarten amends matters specified in the kindergarten regulations other than those falling under paragraph (1) 2, 6, 8, or 9, he/she shall report it to the superintendent of education within 30 days from the date of such amendment. |
[This Article Wholly Amended by Presidential Decree No. 26671, Nov. 30, 2015]
A school year shall be divided into two semesters as provided for in Article 12 (3) of the Act. The first semester shall last from March 1 to the date that is determined by the head of a kindergarten (hereinafter referred to as the "head of a kindergarten") taking into account the number of teaching days, the number of non-teaching days and the operation of the curriculum, while the second semester shall last from the day following the date on which the first semester ends to the end of February of the next year. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 12 (Number of Teaching Days) |
Pursuant to Article 12 (3) of the Act, the number of teaching days of a kindergarten shall be determined by the head of the kindergarten at the minimum 180 days in each school year: Provided, That the head of a kindergarten may reduce the number of teaching days within the scope of 1/10 if necessary to operate the curriculum on the grounds of a natural disaster, a five-day teaching per week or operation of a research school; and in such cases, he/she shall file a report thereon to the competent agency at least 30 days before the beginning of the next semester. <Amended by Presidential Decree No. 23242, Oct. 25, 2011> [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 13 (Organization of Classes) |
The organization of classes of every kindergarten provided for in Article 12 (3) of the Act shall be based on the same age: Provided, That if it is especially necessary to operate the curriculum, multiple-age classes may be formed. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 14 (Non-Teaching Days, etc.) |
| (1) | The non-teaching days of a kindergarten provided for in Article 12 (3) of the Act shall be determined by the head of the kindergarten, taking into account requests from the protectors of young children and regional circumstances prior to the commencement of every school year, and the legal holidays of public offices as well as summer and winter leaves shall be included in such non-teaching days. |
| (2) | The head of a kindergarten may temporarily suspend its business when a natural disaster or any other emergency occurs. In such cases, the head of the relevant kindergarten shall promptly report such temporary suspension to the competent agency. |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 15 (Completion and Graduation) |
The head of a kindergarten shall recognize the completion or graduation of a kindergartener enrolled in the kindergarten, taking into account the curriculum the kindergartener has competed, and other matters, as prescribed by the relevant kindergarten regulations.
[This Article Wholly Amended by Presidential Decree No. 24074, Aug. 31, 2012; Presidential Decree No. 28102, Jun. 13, 2017]
| Article 16 (Number of Classes and Number of Young Children per Class) |
The competent agency shall determine the number of classes and the maximum and minimum number of young children per class in kindergartens, taking into account the type of each kindergarten, regional conditions, and other factors. <Amended by Presidential Decree No. 24074, Aug. 31, 2012>
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 17 (Enrollment Capacity Plans for Young Children) |
| (1) | The superintendent of education shall establish an enrollment capacity plan of young children covering at least three academic years, every three years, by enrollment area in order to appropriately enroll young children who wish to attend kindergartens. |
| (2) | The enrollment area referred to in paragraph (1) shall be determined by the superintendent of education in consideration of the residential distribution of young children to enter kindergartens and other factors: Provided, That young children to enter kindergartens may enter a kindergarten located out of the enrollment area within which his/her residence is located. |
| (3) | The superintendent of education shall comply with the following to establish an enrollment capacity plan of young children under paragraph (1): <Amended by Presidential Decree No. 27500, Sep. 21, 2016> |
| 1. | To fully reflect the findings from a demand survey for kindergarten enrollment conducted under Article 17-2; |
| 2. | To include the relevant details in an enrollment capacity plan of young children, regardless of the findings from the demand survey referred to in subparagraph 1: |
| (a) | Where an institution falling under Article 29 (1) 3 is converted into a kindergarten; |
| (b) | Where kindergartens are merged; |
| 3. | Where a new elementary school is established due to the influx of population following a district development project, land development project, etc., a plan to establish a public kindergarten capable of accommodating young children of at least one fourth of the fixed number of students in the newly established elementary school shall be included in the relevant enrollment capacity plan of young children: Provided, That the superintendent of education may separately determine the number of young children to be accommodated within the scope prescribed by the Minister of Education, in consideration of the following matters: |
| (a) | Current status of the establishment and operation of the institutions referred to in each subparagraph of Article 29 (1); |
| (b) | Trend of changes in the number of young children to enter kindergartens. |
| (4) | Detailed procedures and methods for establishing enrollment capacity plans for young children and other matters shall be determined by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (5) | Where the superintendent of education has formulated an enrollment capacity plan for young children under paragraph (1), he/she shall immediately publicly announce whether it is possible to establish private kindergartens in each enrollment area on the bulletin board or the website of the relevant office of education. <Newly Inserted by Presidential Decree No. 25962, Jan. 6, 2015> |
[This Article Wholly Amended by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 17-2 (Demand Surveys for Kindergarten Enrollment) |
| (1) | The superintendent of education shall, every three years, conduct a demand survey for kindergarten enrollment by enrollment area, including the following matters, for guardians of five-year-old infants living in his/her jurisdiction before he/she establishes an enrollment capacity plan of young children under Article 17: |
| 1. | Whether a guardian wishes to enroll his/her child in a kindergarten; |
| 2. | Type of a kindergarten in which a guardian wishes to enroll his/her child, as classified below: |
| (a) | A public kindergarten (excluding a kindergarten falling under item (c)); |
| (b) | A private kindergarten (excluding a kindergarten falling under item (c)); |
| (c) | A kindergarten established as an annex under Article 9 among public or private kindergartens. |
| (2) | The superintendent of education may request the heads of relevant administrative agencies to submit necessary materials, if necessary for conducting a demand survey for kindergarten enrollment under paragraph (1). In such cases, the heads of the relevant administrative agencies shall comply with such request, except under special circumstances. |
| (3) | Detailed procedures and methods for conducting demand surveys for kindergarten enrollment and other matters shall be determined by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No.24074, Aug. 31, 2012]
| Article 18 (Establishment and Operation of Foreigners' Kindergartens) |
The standards for establishing foreigners' kindergartens, curriculums, years required for graduation and the recognition of academic attainments provided for in Article 16 of the Act and other necessary matters concerning the establishment and operation of foreigners' kindergartens shall be separately prescribed by Presidential Decree. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 19 (Guidance of Learning) |
When the superintendent of education provides guidance under Article 18 (2) of the Act, he/she shall develop, for each school year, a detailed plan identifying the targets, procedures, methods and details for the guidance and the handling of the results thereof and shall notify the kindergartens subject to the guidance of such plan. <Amended by Presidential Decree No. 23745, Apr. 20, 2012> [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 20 (Evaluation of Kindergartens) |
The evaluation of kindergartens provided for in Article 19 (1) of the Act shall be conducted on national, public and private kindergartens. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 21 (Standards for Evaluation) |
| 1. | The organization and operation of curriculum, and teaching and learning support; |
| 2. | The organization and operation of after school programs; |
| 3. | Training support for teaching staff; |
| 4. | Other matters deemed necessary by the superintendent of education to operate kindergartens. |
| (2) | The office of education of each City/Do shall perform overall evaluation of early childhood education under Article 19 (2) of the Act, based on the following: <Amended by Presidential Decree No. 24074, Aug. 31, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | The compilation and operation of the budget for early childhood education; |
| 1-2. | Establishment of enrollment capacity plans of young children under Article 17; |
| 2. | Establishment and operation of kindergartens; |
| 3. | Support for kindergarten education and outcomes of early childhood education; |
| 4. | Support organizations for early childhood education and status of dispatched public officials; |
| 5. | Educational welfare for young children and teaching staff; |
| 6. | Other matters deemed necessary by the Minister of Education for early childhood education by the Office of Education of each City/Do. |
[This Article Wholly Amended by Presidential Decree No. 23745, Apr. 20, 2012]
| Article 22 (Evaluation Procedures, etc.) |
| (1) | The superintendent of education shall develop a master plan for evaluating kindergartens before the commencement of each school year and notify the kindergartens subject to evaluation of such plan. <Amended by Presidential Decree No. 23745, Apr. 20, 2012> |
| (2) | The superintendent of education shall evaluate a kindergarten by means of a written evaluation, on-site evaluation and comprehensive evaluation; he/she may use various methods of evaluation, such as questionnaires, interviews with interested persons, to survey the responses of teaching staff of the relevant kindergarten, enrolled young children and their parents, and reflect the findings from such survey in the evaluation. <Amended by Presidential Decree No. 23745, Apr. 20, 2012> |
| (3) | The Minister of Education shall establish a master plan for overall evaluation of early childhood education by the Offices of Education of Cities/Dos and publicly announce such plan before the commencement of each school year. <Newly Inserted by Presidential Decree No. 23745, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| (4) | The Minister of Education shall conduct an overall evaluation of early childhood education by the Offices of Education of Cities/Dos by means of a written evaluation, site evaluation, questionnaire survey, interview with related persons, etc. <Newly Inserted by Presidential Decree No. 23745, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| (5) | The Minister of Education and the superintendents of education shall publish the findings from evaluations. <Amended by Presidential Decree No. 23745, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| (6) | The Minister of Education and the superintendents of education may establish and operate an evaluation committee, respectively, to efficiently conduct evaluations. <Amended by Presidential Decree No. 23745, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| (7) | Except as expressly provided for in paragraphs (1) through (6), matters necessary for the evaluation of kindergartens shall be determined by the superintendents of education, and matters necessary for the overall evaluation of early childhood education by the Office of Education of each City/Do shall be determined by the Minister of Education. <Amended by Presidential Decree No. 23745, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 22-2 (Kindergartens Required to Have Kindergarten Operating Committee) |
“A kindergarten larger than the size prescribed by Presidential Decree” in the proviso to Article 19-3 (1) of the Act means a private kindergarten with enrollment capacity of at least 20, a national or public kindergarten. [This Article Newly Inserted by Presidential Decree No.24074, Aug. 31, 2012]
| Article 22-3 (Composition of Operating Committees for National or Public Kindergartens) |
| (1) | The prescribed number of members of a kindergarten operating committee established in a national or public kindergarten under Article 19-3 of the Act (hereinafter referred to as “operating committee”) shall be determined by the regulations of the operating committee (hereinafter to as “regulations of the operating committee”) of the relevant kindergarten in consideration of the size of the kindergarten, as classified follow: |
| 1. | The number of young children is less than 100: At least five up to eight members; |
| 2. | The number of young children is at least 100: At least nine up to eleven members. |
| (2) | The composition ratio of members of the operating committee established in a public or public kindergarten shall be determined by the regulations of the operating committee, as classified follow: |
| 1. | Members representing parents (referring to those who represent the parents of young children enrolling in the relevant kindergarten; hereinafter the same shall apply): At least 60/100 up to 70/100; |
| 2. | Members representing teachers (referring to those who represent the teachers of the relative kindergarten; hereinafter the same shall apply): At least 30/100 up to 40/100. |
| (3) | Notwithstanding paragraph (2), the composition ratio of members of the operating committee established in a national or public kindergarten having less than 20 young children may be determined otherwise by the rules of the relevant national kindergarten, or by the regulations of the operating committee of the relevant public kindergarten within the limit prescribed by ordinances of the competent City/Do: Provided, That at least one member representing parents and one member representing teachers shall be included, respectively, if the composition ration is determined otherwise by the rules of the kindergarten or the regulations of the operating committee. |
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-4 (Election, etc. of Members) |
| (1) | The head of a national or public kindergarten shall be an ex officio member representing teachers of its operating committee. |
| (2) | Members representing parents shall be elected from the parents at a plenary meeting of parents in accordance with the democratic representation procedures. In such cases, any parent unable to attend the plenary meeting of parents may vote for a candidate via the means and procedures specified in the regulations of the relevant operating committee, such as reply to a school newsletter or vote by mail prior to the plenary meeting of parents. <Amended by Presidential Decree No. 28102, Jun. 13, 2017> |
| (3) | Notwithstanding paragraph (2), members representing parents may be elected at the representative meeting of parents comprised of the representative of each class, as stipulated by the regulations of the relevant operating committee, if it falls under a ground determined by the regulations of the operating committee such that it is impracticable to elect such members at the plenary meeting of parents in consideration of the size, facility, etc. of the relevant kindergarten. <Newly Inserted by Presidential Decree No. 28102, Jun. 13, 2017> |
| (4) | Members representing teachers, other than the ex officio member representing teachers, shall be elected from among teachers by secret ballot at the plenary meeting of teaching staff. |
| (5) | The operating committee has one chairperson and one vice-chairperson to be elected from among the members representing parents by secret ballot at the operating committee. |
| (6) | If a member of the operating committee established in a national or public kindergarten acquires any economic right or benefits through dealing, etc. with the relevant kindergarten by abusing his/her authority, or assist any third person in acquiring such right or benefits, his/her qualification may be forfeited by a resolution passed at the operating committee. |
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-5 (Deliberation and Consultation by Operating Committee) |
Pursuant to Article 19-4 (1) 10 of the Act, operating committees shall deliberate or consult on matters concerning health and safety management of young children, in addition to the matters provided for in the subparagraphs of Article 19-4 (1). [This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-6 (Convocation of Meetings) |
| (1) | Meetings of the operating committee established in a national or public kindergarten shall be convened by its chairperson. |
| (2) | If the chairperson intends to convene a meeting pursuant to paragraph (1), he/she shall notify each member of the date, place and items of agenda of the meeting by no later than seven days beforehand. |
| (3) | The chairperson of the operating committee established in a national or public kindergarten shall set the time and date of a meeting at the convenient time for members to attend, such as after work or weekend. |
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-7 (Preparation and Disclosure of Meeting Minutes) |
| (1) | When a meeting of the operating committee established in a national or public kindergarten has been held, minutes of a meeting, including the date and time, place, attendants, items of agenda, point of speech and decisions, shall be prepared. |
| (2) | The meeting minutes prepared under paragraph (1) shall be disclosed on the web-site of the relevant kindergarten: Provided, That the operating committee may choose not to publish the following by its resolution: |
| 1. | Matters that may infringe on any individual’s privacy, if disclosed, including personal data, such as the name and resident registration number entered in the meeting record; |
| 2. | Matters that may substantially compromise fairness in deliberation by the overeating committee, if disclosed; |
| 3. | Matters inappropriate for disclosure for the sake of the education of young children and protection of teachers’ authority. |
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-8 (Gathering Opinions) |
When an operating committee established in a national or public kindergarten deliberates on any matter concerning funds for which are borne by parents, it shall gather the opinions of parents in advance, as stipulated by the regulations of kindergarten in the case of national kindergartens, and as stipulated by ordinance of the competent City/Do in the case of public kindergartens.
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-9 (Exclusion of Members) |
| (1) | Where a member of the relevant operating committee falls under any of the following, he/she shall be excluded from deliberation and decision for the relevant agenda item: |
| 1. | Where a member of the relevant operating committee or a person who is or was the spouse of the member is the party to the relevant agenda item (if the party is a corporation or organization, etc, including its officers; the same shall apply to this subparagraph and subparagraph 2) or a joint holder of any interest or a co-obligator of the party of the relevant agenda; |
| 2. | Where a member of the relevant operating committee is or was a relative |
of the party to the relevant agenda item;
| 3. | Where a member of the relevant operating committee has provided testimony, statement, consultation, research, services or appraisal on the relevant agenda item; |
| 4. | Where a member of the relevant operating committee or the corporation or organization, etc. to which such member belongs is or was an agent for the party to the relevant agenda item; |
| (2) | Where there is any reason which makes it difficult for a member of the relevant operating committee to expect fair deliberation and decision, the party to the relevant agenda may apply for avoidance of the member to the relevant operating committee, the relevant operating committee shall determine whether the member of the relevant operating committee is avoided by resolution. In such cases, the member of the relevant operating committee who is the subject of such application for avoidance shall not be allowed to participate in the resolution. |
| (3) | Where a member of the relevant operating committee falls under a ground for exclusion specified in each subparagraph of paragraph (1), he/she shall be voluntarily excluded from deliberation and decision for the relevant agenda item. |
[This Article Newly Inserted by Presidential Decree No. 28102, Jun. 13, 2017]
| Article 22-10 (Implementation of Results of Deliberation) |
The head of a national or public kindergarten shall fully respect the results of deliberation by the relevant operating committee. If he/she intends to implement it differently from the results of deliberation, he/she shall file a written report with the relevant operating committee and the competent agency.
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-11 (Sub-Committees) |
| (1) | A subcommittee on kindergarten meals shall be established within the operating committee established in a national or public kindergarten to efficiently deliberate on matters concerning provision of meals. Subcommittees, such as a subcommittee on budget and accounts, may be established, where necessary. |
| (2) | Matters necessary for the composition and operation of subcommittees under paragraph (1) shall be determined by the regulations of kindergarten in the case of national kindergartens, and by ordinance of the competent City/Do in the case of public kindergartens. |
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-12 (Commission to Municipal Ordinances, etc.) |
Other than the matters expressly provided for in this Decree, matters necessary for the composition and operation of the operating committee established in a national or public kindergarten shall be determined by the regulations of the relevant national kindergarten, and by ordinance of the competent City/Do in the case of public kindergartens.
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
| Article 22-13 (Composition of Operating Committees Established in Private Kindergartens) |
| (1) | An operating committee established in a private kindergarten under Article 19-3 of the Act shall be comprised of members representing parents and members representing teachers of the relevant kindergarten. |
| (2) | The head of a private kindergarten shall be the ex officio member representing the teachers of the relevant operating committee. |
| (3) | Members representing teachers, other than the ex officio member representing teachers, shall be commissioned by the head of the relevant kindergarten from among persons recommended at a plenary meeting of teaching staff, as prescribed by the articles of association or the regulations of the relevant kindergarten. |
| (4) | Except as expressly provided for in paragraphs (1) through (3), Articles 22-3 and 22-4 (2), (4) and (5) shall apply mutatis mutandis to the composition of operating committees and the election of members. In such cases, “national or public kindergarten” shall be construed as “private kindergarten,” and “ordinance of the competent City/ Do” as “articles of association or the regulations of the relevant kindergarten,” respectively. |
| (5) | The head of a private kindergarten shall fully respect the results of consultation at the relevant operating committee. |
| (6) | Except as expressly provided for in this Decree, matters necessary for the composition of operating committees established in private kindergartens shall be prescribed by the articles of association or the regulations of kindergartens. |
[This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
CHAPTER III KINDERGARTEN PERSONNEL
| Article 23 (Guidelines for Placing Teaching Staff) |
| (1) | Every kindergarten shall place at least one teacher at a class to take charge of the class, in addition to the head and the deputy head, in accordance with Article 20 of the Act: Provided, That the head and the deputy head may take charge of the classes at any kindergarten that has up to two classes. |
| (2) | "Kindergarten below the size determined by Presidential Decree" in Article 20 (1) of the Act means a kindergarten that has up to two classes. |
| (3) | Any kindergarten that operates after school programs may place at least one teacher to take charge of after school programs in addition to teachers in charge of classes, and guidelines for placing teachers for operating such programs at each kindergarten shall be determined by the competent agency. <Amended by Presidential Decree No. 23745, Apr. 20, 2012> |
| (4) | Every kindergarten may have assistant teachers on its payroll as follows: Provided, That any kindergarten with up to eleven classes and falling under a research school designated by the Minister of Education may have one more assistant teacher than the number classified below: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26671, Nov. 30, 2015> |
| 1. | One assistant teacher for a kindergarten with at least three up to five classes; |
| 2. | Two assistant teachers for a kindergarten with at least six up to eleven classes; |
| 3. | Three or more assistant teachers for a kindergarten with twelve or more classes. |
| (5) | The titles of assistant teachers referred to in paragraph (4) shall be determined by the competent agency, and the classification of assistant teachers and the division of their duties shall be determined by the head of the relevant kindergarten. |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 23-2 (Guidelines for Allocating Master Teachers) |
| (1) | A master teacher shall be placed in each kindergarten, but a kindergarten with 100 or fewer students or a kindergarten with four or fewer classes may not have a master teacher. |
| (2) | A master teacher shall not take charge of a class: Provided, That he/she may be in charge of a class in certain circumstances, such as the size of a kindergarten. |
| (3) | Except as expressly provided for in paragraphs (1) and (2), details regarding the placement of master teachers shall be determined by the competent agency, in accordance with the guidelines determined by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23242, Oct. 25, 2011]
| Article 24 (Guidelines for Placing Other Personnel) |
Any kindergarten may, if necessary, have not less than one personnel on its payroll other than teaching staff in accordance with Article 20 (2) of the Act, and the guidelines for placing such personnel for each kindergarten shall be set by the competent agency. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 25 (Special School Personnel) |
The head of a special school may, if deemed necessary, have more teaching staff and other personnel on its payroll, notwithstanding the provisions of Articles 23 and 24. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 26 (Qualifications of Teaching Staff) |
Matters necessary for a qualification examination for the teaching staff of a kindergarten referred to in Article 22 of the Act shall be separately determined by Presidential Decree. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 27 (Instructors, etc.) |
Instructors, etc. referred to in Article 23 of the Act shall be appointed by the head of a kindergarten in the case of national or public kindergartens, and by the manager of the relevant corporation or private kindergarten in the case of private kindergartens, from among those fulfilling the qualification standards set out in attached Table 1: Provided, That in the case of private kindergartens, the authority to appoint instructors, etc. may be delegated to the head of the private kindergarten, as prescribed by the articles of incorporation of the relevant corporation. <Amended by Presidential Decree No. 24074, Aug. 31, 2012> [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 28 (Education and Training for Teaching Staff) |
| (1) | The Minister of Education and the superintendent of education shall educate and train the teaching staff of kindergartens on a regular basis in order to enhance their qualifications and abilities. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (2) | When developing and implementing various programs for educating and training the teaching staff of kindergartens, the Minister of Education and the superintendent of education shall treat them equally with other teachers and shall not discriminate against them. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 29 (Details and Scope of Free-of-Charge Education) |
| (1) | Early childhood education provided for three years immediately before enrollment in an elementary school under Article 24 (1) of the Act shall be provided to those who are at least three years old as of January 1 each year and are provided with common education and child care (hereinafter to as “common programs”) determined upon consultation between the Minister of Education and the Minister of Health and Welfare, in any of the following institutions. In such cases, the period of free-of-charge education for young children shall not exceed three years: <Amended by Presidential Decree No. 24074, Aug. 31, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| 3. | Other institutions designated to provide early childhood education, as prescribed by Ordinance of the Ministry of Education. |
| (2) | Where young children who turn three during a period from January 2 to March 1 are provided with the common programs, they shall be deemed eligible for free-of-charge education, notwithstanding the first sentence of paragraph (1). In such cases, the period of free-of-charge education for such young children shall not exceed three years. <Amended by Presidential Decree No. 24074, Aug. 31, 2012> |
[This Article Wholly Amended by Presidential Decree No. 23185, Sep. 30, 2011]
| Article 30 (Standards for Determining Socially Vulnerable Areas) |
The scope of socially vulnerable areas referred to in Article 25 (1) 3 of the Act shall be as follows: <Amended by Presidential Decree No. 24423, Mar. 23, 2013> | 2. | An area subject to the payment of allowances to local public officials who work in special areas as provided for in Article 12 of the Regulations Governing Allowances, etc. for Local Public Officials; |
| 4. | Other areas deemed necessary by the Minister of Education and the superintendent of education. |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 31 Deleted. <by Presidential Decree No. 24074, Aug. 31, 2012> |
| Article 32 (Support for Private Kindergartens) |
| (1) | Pursuant to Article 26 (3) of the Act, the Minister of Education and the superintendent of education shall grant private kindergartens subsidies to help them fully or partially cover the following expenses, within budgetary limits: <Amended by Presidential Decree No. 23242, Oct. 25, 2011; Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Expenses incurred in establishing a private kindergarten; |
| 2. | Personnel and training expenses for master teachers and other teachers; |
| 3. | Expenses incurred in purchasing teaching materials and tools; |
| 4. | Other expenses approved by the Minister of Education and the superintendent of education. |
| (2) | A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Mayor of a Special Self-Governing City, a Do Governor and the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may grant private kindergartens subsidies to help them fully or partially cover the expenses specified in the subparagraphs of paragraph (1), as prescribed by their respective Ordinances. <Amended by Presidential Decree No. 23745, Apr. 20, 2012> |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Articles 32-2 and 32-3 Deleted. <by Presidential Decree No. 24074, Aug. 31, 2012> |
| Article 32-4 (Joint Use of Administrative Information) |
The Minister of Education or the superintendent of education (including institutions entrusted with the businesses related to financial support pursuant to Article 34 (3)) may jointly use administrative information pursuant to Article 36 (1) of the Electronic Government Act, if necessary to subsidize the expenses for early childhood education under Article 24 (2) of the Act. <Amended by Presidential Decree No. 23185, Sep. 30, 2011; Presidential Decree No. 24074, Aug. 31, 2012; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24846, Nov. 20, 2013> [This Article Newly Inserted by Presidential Decree No. 22174, May 31, 2010]
| Article 33 (Support for Operation, etc. of After School Programs) |
| (1) | Pursuant to Article 27 of the Act, the Minister of Education and the superintendent of education may, within budgetary limits, provide subsidies to private kindergartens, which operate after school programs or whose number of teaching days exceeds that provided for in Article 12, to help them fully or partially cover the following expenses: <Amended by Presidential Decree No. 23745, Apr. 20, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Expenses incurred in improving the educational environment; |
| 2. | Expenses incurred in paying salaries; |
| 3. | Expenses incurred in purchasing teaching materials and tools; |
| 4. | Other expenses approved by the Minister of Education and the superintendent of education. |
| (2) | A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, the Governor of a Special Self-Governing Province, and the head of a Si/Gun/Gu may, as prescribed by their respective ordinances, provide subsidies to private kindergartens, which operate after school programs or whose number of teaching days exceeds that provided for in Article 12, to help them fully or partially cover the expenses specified in the subparagraphs of paragraph (1). <Amended by Presidential Decree No. 23745, Apr. 20, 2012> |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 34 (Delegation and Entrustment of Authority, etc.) |
| (1) | The Minister of Education shall delegate the following authority to the superintendent of education pursuant to Article 29 (1) of the Act: <Amended by Presidential Decree No. 23609, Feb. 3, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Approval of qualifications for the heads of kindergartens, as stipulated in attached Table 1 of the Act; |
| (2) | Deleted. <by Presidential Decree No. 24074, Aug. 31, 2012> |
| (3) | Pursuant to Article 29 (2) of the Act, the superintendent of education shall entrust the duties regarding subsidization for young children provided with common programs in a kindergarten to a Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, a Do Governor, and the Governor of a Special Self-Governing Province. <Newly Inserted by Presidential Decree No. 23185, Sep. 30, 2011; Presidential Decree No. 23745, Apr. 20, 2012; Presidential Decree No. 24074, Aug. 31, 2012> |
| (4) | Deleted. <by Presidential Decree No. 24074, Aug. 31, 2012> |
| (5) | The Minister of Education and the superintendent of education shall provide workforce or funds required to perform the duties entrusted under paragraph (3), through consultation with a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Mayor of a Special Self-Governing City, a Do Governor, and the Governor of a Special Self-Governing Province. <Amended by Presidential Decree No. 23185, Sep. 30, 2011, Presidential Decree No. 23745, Apr. 20, 2012; Presidential Decree No. 24074, Aug. 31, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 34-2 (Management of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of Education and the superintendent of education (including persons delegated or entrusted with the authority of the Minister of Education, Science and Technology and the superintendent of education pursuant to Article 34 or Article 7-2 of this Decree) may manage data including any resident registration number or alien registration number referred to in Article 19 (1) 1 or 4 of the Enforcement Decree of the Personal Information Protection Act, where it is essential in order for him/her to conduct any of the following: <Amended by Presidential Decree No. 24074, Aug. 31, 2012; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28111, Jun. 20, 2017> |
| 1. | Affairs concerning a statistical survey on education under Article 6-2 (1); |
| 1-2. | Affairs concerning establishment and operation of the information system for early childhood education under Article 19-2 of the Act; |
| (4) | Where it is essential in order to perform affairs concerning the subsidization, etc. of expenses under Article 26 of the Act, the State and local governments (where the relevant authority has been delegated or entrusted, including the person to whom the authority has been delegated or entrusted) may manage data containing resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014> |
[This Article Newly Inserted by Act No. 23488, Jan. 6, 2012]
| Article 35 (Submission of Opinions) |
The competent agency shall, when it intends to take such measures as reducing the maximum number of kindergartners pursuant to the provisions of Article 30 (2) of the Act, give persons subject to such measures an opportunity to present their opinions orally or in writing within a prescribed period of not less than ten days. In such cases, if they fail to present their opinions on or before the prescribed period without good cause, they shall be deemed to have no opinions to present. [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 36 (Closedown of Kindergartens) |
When the competent agency issues an order for the closedown of any kindergarten pursuant to Article 32 (1) or (3) of the Act, its founder and operator shall submit documents stating the status of handling the young children enrolled in the kindergarten and the basic property of the relevant kindergarten as well as its school register to the competent agency within three months from the receipt of an order to close down the kindergarten. <Amended by Presidential Decree No. 27226, Jun. 21, 2016> [This Article Wholly Amended by Presidential Decree No. 22174, May 31, 2010]
| Article 36-2 (Re-Examination of Regulation) |
The Minister of Education shall examine the appropriateness of the following matters every three years, counting from the following relevant base dates (referring to the period that ends on the day before the base date of every third year) and shall make necessary measures, such as making improvements:
| 1. | Matters required to be stated in kindergarten regulations under Article 10: January 1, 2016; |
| 2. | Guidelines for semesters under Article 11: January 1, 2016; |
| 3. | Guidelines for the number of teaching days under Article 12: January 1, 2016; |
| 4. | Guidelines for the organization of classes under Article 13: January 1, 2016; |
| 5. | Guidelines for non-teaching days and temporary suspension and the obligation of the head of a kindergarten to report temporary suspension under Article 14: January 1, 2016; |
| 6. | The number of classes and the number of young children per class under Article 16: January 1, 2016; |
| 7. | Kindergartens subject to the evaluation of kindergarten operational status, etc. under Article 20: January 1, 2016; |
| 8. | Standards for the evaluation of kindergartens under Article 21: January 1, 2016; |
| 9. | Methods of and procedures for the evaluation of kindergartens and the publication of the result of evaluations under Article 22: January 1, 2016; |
| 10. | Kindergartens required to have a kindergarten operating committee under Article 22-2: January 1, 2016; |
| 11. | Guidelines for the placement of teaching staff of kindergartens under Article 23: January 1, 2016; |
| 12. | Guidelines for the placement of master teachers of kindergartens under Article 23-2: January 1, 2016; |
| 13. | Guidelines for the placement of other personnel of kindergartens under Article 24: January 1, 2016; |
| 14. | Qualification examination for the teaching staff of kindergartens under Article 26: January 1, 2016; |
| 15. | Classification, qualification standards, and appointment of instructors, etc. to be placed at kindergartens under Article 27 and attached Table 1: January 1, 2016; |
| 16. | Deleted. <by Presidential Decree No. 29421, Dec. 24, 2018> |
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
| Article 37 (Guidelines for Imposition of Administrative Fines) |
The guidelines for imposing administrative fines under Article 35 (3) of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 24846, Nov. 20, 2013> [This Article Newly Inserted by Presidential Decree No. 24074, Aug. 31, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 30, 2005.
Article 2 (Abrogation of other Statutes)
Article 3 (Transitional Measures concerning Application for Authorization for Establishment of Private Kindergarten, etc.)
The application filed for authorization for establishment of a private kindergarten, for authorization for discontinuance of a private kindergarten and for authorization for modification under the Enforcement Decree of the former Elementary and Secondary Education Act at the time this Decree enters into force shall be each deemed as the application filed pursuant to this Decree. Article 4 (Transitional Measures concerning Lecturers)
Any lecturer who is appointed in accordance with the Enforcement Decree of the former Elementary and Secondary Education Act at the time this Decree enters into force shall be deemed a lecturer who is appointed in accordance with this Decree. Article 5 Omitted.
Article 6 (Relations with other Statutes)
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21327, Feb. 25, 2009>
This Decree shall enter into force on March 1, 2009.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Mar. 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22174, May 31, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23185, Sep. 30, 2011>
This Decree shall enter into force on March 1, 2012.
ADDENDUM <Presidential Decree No. 23242, Oct. 25, 2011>
This Decree shall enter into force on October 26, 2011: Provided, That the amended provisions of Article 12 shall enter into force on March 1, 2012.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23609, Feb. 3, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April, 18, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23745, Apr. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on Apr. 27, 2012: Provided, That among Article 23 (3), the amended provisions of the title and paragraph (1) of Article 33 and the amended provisions of paragraph (2) of the same Article, a part concerning after-school programs and Article 2 of the Addenda shall enter into force on the date of its promulgation, and the amended provisions of Article 1-2 (2) (limited to a part concerning the Special Self-Governing City), Article 32 (2), Article 33 (2) (limited to part concerning the Special Self-Governing City), and Article 34 (3) through (5) shall enter into force on July 1, 2012. Article 2 Omitted.
ADDENDA <Presidential Decree No. 24074, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012: Provided, That the amended provisions of Articles 9, 27, and 37 and attached Table 2 shall enter into force on September 2, 2012, and the amended provisions of Articles 29, 31, 32-1 through 32-4, 34 and 34-2 shall enter into force on March 1, 2013. Article 2 (Applicability to Enrollment Capacity Plans for Young Children)
The amended provisions of Article 17, 17-2 and 21 shall begin to apply from the first enrollment capacity plan for young children to be formulated after this Decree enters into force.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
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. 24846, Nov. 20, 2013>
This Decree shall enter into force on November 23, 2013.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25962, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 9 shall enter into force on February 1, 2015. Article 2 (Transitional Measures concerning Applications, etc. for Authorization for Establishment of Private Kindergartens)
Where a person filed an application for authorization for establishment, closedown and modification of a kindergarten pursuant to the previous provisions before February 1, 2015, he/she shall be deemed to have filed an application for authorization for establishment, closedown, and modification of a kindergarten pursuant to the amended provisions of Article 9.
ADDENDUM <Presidential Decree No. 26671, Nov. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26855, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27226, Jun. 21, 2016>
This Decree shall enter into force on June 23, 2016.
ADDENDUM <Presidential Decree No. 27500, Sep. 21, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28102, Jun. 13, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28111, Jun. 20, 2017>
This Decree shall enter into force on June 22, 2017.
ADDENDA <Presidential Decree No. 28697, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force one month after the date of its promulgation.
Articles 2 and 3 Omitted.
Article 4 (Applicability to Amendment to the Enforcement Decree of the Early Childhood Education Act)
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.