Law Viewer

Back Home

ENFORCEMENT DECREE OF THE GIFTED EDUCATION PROMOTION ACT

Presidential Decree No. 17578, Apr. 18, 2002

Amended by Presidential Decree No. 18594, Dec. 3, 2004

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 19754, Dec. 21, 2006

Presidential Decree No. 20740, Feb. 29, 2008

Presidential Decree No. 21081, Oct. 14, 2008

Presidential Decree No. 24148, Oct. 29, 2012

Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 26683, Nov. 30, 2015

Presidential Decree No. 26703, Dec. 10, 2015

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 29950, Jul. 2, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Gifted Education Promotion Act and matters necessary for the enforcement thereof.
 Article 2 (Formulation of Comprehensive Plans for Promoting Gifted Education)
(1) The Minister of Education shall formulate comprehensive plans for gifted education pursuant to Article 3 (1) 1 of the Gifted Education Promotion Act (hereinafter referred to as the "Act") (hereinafter referred to as "comprehensive plan") through consultations with the heads of the relevant central administrative agencies and deliberation of the Central Committee on the Promotion of Gifted Education pursuant to Article 4 of the Act. The same shall also apply to revisions of the comprehensive plans. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(2) The comprehensive plan shall include the following matters: <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
1. Basic direction-setting for gifted education;
2. Major contents of the establishment and operation of educational institutions for the gifted;
3. Matters concerning training of teachers responsible for gifted education;
4. Matters concerning the investigation and evaluation of the actual status of gifted education;
5. Matters concerning acquisition of financial resources for gifted education;
6. Major contents of the establishment and operation of gifted education research institutes pursuant to Article 15 (1) of the Act (hereinafter referred to as "gifted education research institute");
7. Other important matters for the promotion of gifted education.
(3) Where the Minister of Education formulates a comprehensive plan, the head of the relevant central administrative agency shall be notified thereof, and the head of the relevant central administrative agency upon receipt of such notice shall formulate and promote action plans related to duties under jurisdiction according to the comprehensive plan. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
CHAPTER II GIFTED EDUCATION PROMOTION COMMITTEES
 Articles 3 and 4 Deleted. <by Presidential Decree No. 19754, Dec. 21, 2006>
 Article 5 (Duties of Chairperson of Central Committee on Promotion of Gifted Education)
(1) The Chairperson of the Central Committee on the Promotion of Gifted Education (hereinafter referred to as the "Central Committee") shall represent the Central Committee and exercise general supervision over its affairs. <Amended by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 29950, Jul. 2, 2019>
(2) The Vice-Chairperson of the Central Committee shall assist the Chairperson and where the Chairperson is unable to perform the duties due to any unavoidable cause, the Vice-Chairperson shall act on behalf of the Chairperson.
 Article 6 (Meetings of Central Committee)
(1) The Chairperson of the Central Committee shall convene and preside over meetings of the Central Committee.
(2) Where the Chairperson of the Central Committee is requested to convene a meeting by the Minister of Education, the meeting shall be convened without delay. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(3) Any resolution of a meeting shall require the presence of a majority of members registered and the concurring vote of a majority of those present.
(4) The secretary shall administer the affairs of the Central Committee under the authority of the Chairperson. <Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006>
 Article 7 (Dismissal of Commissioned Members)
The Minister of Education may dismiss a commissioned member of the Central Committee in any of the following cases:
1. The commissioned member is unable to perform the duties due to physical and mental disorders;
2. The commissioned member commits a misdeed in connection with the duties;
3. The commissioned member is deemed unsuitable as a member due to neglect of duties, injury to dignity or other causes;
4. The commissioned member voluntarily admits that it is impracticable for such member to perform the duties.
[This Article Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015]
 Article 8 (Allowances)
Allowances, travel expenses and other necessary expenses may be paid to members who attend a meeting of the Central Committee within the budgetary limits: Provided, That the same shall not apply to cases where a member who is a public official attends a meeting of the Central Committee in direct connection with his or her duties.
 Article 9 (Detailed Rules for Operation)
Except as otherwise provided in this Decree, the Chairperson shall determine matters necessary for the operation of the Central Committee through resolution of the Central Committee.
 Article 10 (Operation of City/Do Gifted Education Promotion Committees)
Articles 5 through 9 shall apply mutatis mutandis to City/Do gifted education promotion committees pursuant to Article 4-3 of the Act (hereinafter referred to as "City/Do committee"). In such cases, the "Central Committee" and "Minister of Education" shall be construed as "City/Do committee" and "superintendent of education", respectively. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 26703, Dec. 10, 2015>
[This Article Wholly Amended by Presidential Decree No. 19754, Dec. 21, 2006]
 Article 10-2 (Secretaries of City/Do Committees)
(1) A City/Do committee shall have one secretary.
(2) The superintendent of education shall appoint the secretary of the relevant City/Do committee from among the public officials of the relevant office of education.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
CHAPTER III SELECTION OF PERSONS ELIGIBLE FOR GIFTED EDUCATION
 Article 11 (Selection of Persons Eligible for Gifted Education)
(1) Any person who intends to be selected as a person eligible for gifted education or the guardian of such person shall submit an application for selection to the head of an educational institution for the gifted where such person intends to receive gifted education, along with a letter of recommendation from the head of the school such person is attending or from a guidance teacher. <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
(2) Where the head of an educational institution for the gifted receives applications pursuant to paragraph (1), he or she shall select persons who satisfy the selection standards pursuant to Article 12 (3) as persons eligible for gifted education after deliberation by the selection and examination committee pursuant to Article 16 and shall notify the relevant persons thereof. <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
(3) Deleted. <by Presidential Decree No. 19754, Dec. 21, 2006>
(4) The head of an educational institution for the gifted may collect all or some of costs necessary for selection from applicants for selection under paragraph (1), as provided by school regulations (in cases of gifted education centers, referring to the operating regulations of the relevant gifted education centers; hereinafter the same shall apply): Provided, That the costs necessary for selecting persons eligible for gifted education who fall under Article 12 (2) may be reduced or exempted. <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
 Article 12 (Standards for Selecting Persons Eligible for Gifted Education)
(1) A person eligible for gifted education that is suitable for the educational domains and objectives of educational institutions for the gifted and is deemed to have an ability to complete the curriculums shall be any of the following persons: <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
1. A person deemed to have distinguished talent or potential over a specific level in a specific subject or area based on the results of standardized intelligence tests, thinking power tests, creative problem solving ability tests and other specific tests, interviews or observations;
2. A person deemed to have talent or potential over a specific level in artistic or physical areas based on the results of practical tests or other specific tests, interviews or observations.
(2) Notwithstanding paragraph (1), any of the following persons who have failed to manifest potential due to social or economic causes may be selected as persons eligible for gifted education where such persons are suitable for the educational domains and objectives of educational institutions for the gifted and are deemed to have an ability to complete the curriculums: <Amended by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 21081, Oct. 14, 2008; Presidential Decree No. 26683, Nov. 30, 2015>
1. A recipient of educational benefits pursuant to Article 7 (1) 4 of the National Basic Living Security Act;
2. A person domiciled in an island or remote area pursuant to Article 2 of the Act on the Promotion of Education in Islands and Remote Areas;
3. A person eligible for special education pursuant to Article 15 of the Act on Special Education for Persons with Disabilities;
4. A person residing in an administrative district of Eup or Myeon;
5. A person recognized to suffer from the gap of educational opportunity due to social or economic causes.
(3) Standards, methods, etc. necessary for selecting persons eligible for gifted education (hereinafter referred to as "selection standards") shall be provided by school regulations. <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
(4) The head of an educational institution for the gifted shall publicly announce selection standards no later than one month before the date of receiving applications for selecting persons eligible for gifted education: Provided, That where any vacancy occurs in the quota of students of gifted classes or gifted education centers pursuant to the proviso of Article 15, selection standards shall be publicly announced no later than seven days before the date of receiving applications for selection. <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
 Article 13 Deleted. <by Presidential Decree No. 19754, Dec. 21, 2006>
 Article 14 (Qualification for Admission to Gifted Schools)
(1) Middle school graduates or persons deemed to have an equivalent or higher academic ability by the statutes and regulations shall be eligible for admission to gifted schools.
(2) Where a student attending a middle school or any school equivalent thereto is designated or placed to a gifted school, the head of the relevant school may grant the student the qualification for early admission to schools of higher level pursuant to Article 27 (1) of the Elementary and Secondary Education Act.
(3) Each gifted school shall be considered as the first group of schools pursuant to Article 80 of the Enforcement Decree of the Elementary and Secondary Education Act and may admit new students regardless of the classification of selection time.
(4) Notwithstanding Article 81 of the Enforcement Decree of the Elementary and Secondary Education Act, admission to gifted schools need not be restricted by the location of the middle school or residence of students.
(5) Notwithstanding Article 85 (1) of the Enforcement Decree of the Elementary and Secondary Education Act, any person designated or placed in a gifted school may enter any other school.
 Article 15 (Timing for Admission to School of Persons Eligible for Gifted Education)
Admission to school of persons eligible for gifted eduction shall be available in each school year, but admission to gifted classes and gifted education centers may be available in each semester: Provided, That the same shall not apply to cases where there is a vacancy in the quota of students.
 Article 16 (Establishment of Selection and Examination Committees for Persons Eligible for Gifted Education)
A selection and examination committee for persons eligible for gifted education (hereinafter referred to as "selection and examination committee") shall be established in each educational institution for the gifted to deliberate on the following matters: <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
1. Matters concerning the selection of persons eligible for gifted education;
2. Matters concerning the recognition of completion of curriculums, early promotion to a higher grade and early graduation of gifted school students pursuant to Article 24;
3. Other matters to be deliberated by the selection and examination committee as provided by school regulations.
 Article 17 (Organization and Operation of Selection and Examination Committees)
(1) Each selection and examination committee shall be comprised of not more than 15 members including one chairperson and the head of the relevant educational institution for the gifted shall commission or appoint the members among the following persons: <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
1. A teacher responsible for gifted education in the relevant educational institution for the gifted;
2. An expert in gifted education;
3. A person with expertise in selecting persons eligible for gifted education;
4. An educational official with at least five years’ of experiences in educational administration;
5. Other persons with much knowledge and experience in gifted education.
(2) The chairperson shall be elected from among and by the members.
(3) The term of office of members shall be three years and may be consecutively re-appointed: Provided, That the term of office of members who are teachers of educational institutions for the gifted shall be the period of service for the relevant institution.
(4) The chairperson shall convene and preside over meetings of the committee.
(5) Where the chairperson is unable to perform the duties due to unavoidable causes, a member nominated in advance by the chairperson shall act on his or her behalf.
(6) Any resolution of a meeting shall require the presence of a majority of members registered and by the concurring vote of a majority of those present.
(7) Allowances, travel expenses and other necessary expenses may be provided to members who attend meetings within budgetary limits: Provided, That the same shall not apply to cases where a member who is a public official attends a meeting in direct connection with his or her duties.
(8) Except as otherwise provided in this Decree, the chairperson shall determine matters necessary for the operation of the selection and examination committee through resolution of the selection and examination committee. <Amended by Presidential Decree No. 19754, Dec. 21, 2006>
 Article 18 (Transfer of School or Transfer Admission of Gifted School Students)
(1) Where a gifted school student or his or her guardian has any unavoidable cause, such as the relocation of residence, such student or guardian may apply for transfer of school or transfer admission to the head of another gifted school or to the head of a school other than gifted schools. In such cases, such student or guardian shall notify the head of the gifted school the student is attending thereof.
(2) The head of a school upon receipt of an application for transfer prescribed in paragraph (1) may permit the transfer or transfer admission in consideration of the quota of students of the relevant school, the degree of completion of curriculums of the relevant student, etc.
CHAPTER IV ESTABLISHMENT AND INSTALLATION OF EDUCATIONAL INSTITUTIONS FOR THE GIFTED
 Article 19 (Designation of Gifted Schools)
(1) Where the head of a national, public or private high school intends to obtain designation as a gifted school, he or she shall submit to the Minister of Education a designation application and a letter of recommendation of the relevant superintendent of education (excluding national high schools) that include the following matters: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
1. School regulations;
2. Current status of teachers (including instructors pursuant to Article 27 and persons responsible for gifted education being dispatched to or holding dual offices at gifted schools pursuant to Article 28 and other statutes and regulations) and a plan for securing such teachers, instructors and persons;
3. Current status of school facilities and installations and a plan for securing such facilities and installations;
4. A financing plan for expenses to be incurred and a financial operation plan;
5. A letter of consent from the school foundation to the designation and transfer (limited to private schools);
6. Other matters the Minister of Education determines for the designation of gifted schools.
(2) Standards for facilities and installations necessary for the operation of gifted schools shall be provided by the Regulations on the Establishment and Operation of Schools of Various Levels Equal to or Lower than High School.
(3) The Minister of Education upon receipt of a designation application pursuant to paragraph (1) shall determine whether to designate a school as a gifted school after deliberation by the Central Committee and shall notify the applicant of the results thereof. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 20 (Establishment of Gifted Classes)
(1) The head of a school who intends to establish and operate a gifted class pursuant to Article 7 of the Act shall submit to the superintendent of education a gifted class establishment plan that includes the following matters: Provided, That in cases of national schools, such plan shall be submitted to the Minister of Education: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
1. School regulations;
2. Current status of teachers (including instructors pursuant to Article 27 and persons responsible for gifted education being dispatched to or holding dual offices at gifted classes pursuant to Article 28 and other statutes and regulations) and a plan for securing such teachers, instructors and persons;
3. Current status of facilities and installations necessary for gifted education and a plan for securing such facilities and installations;
4. A financing plan for expenses to be incurred and a financial operation plan;
5. A letter of consent from the school foundation to the establishment and operation (limited to private schools);
6. Other matters determined by the Minister of Education or the superintendent of education to approve the establishment of gifted classes.
(2) Where the Minister of Education or the superintendent of education receives a gifted class establishment plan pursuant to paragraph (1), he or she shall determine whether to approve the establishment of a gifted class after deliberation by the Central Committee or a City/Do committee and notify the relevant person of the results thereof. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 21 (Establishment of Gifted Education Centers)
(1) Where any of the following persons intends to establish and operate a gifted education center pursuant to Article 8 of the Act, he or she shall submit an establishment plan to the relevant superintendent of education no later than 90 days before the expected date of establishment and operation of the gifted education center: Provided, That where a person is provided with subsidies exceeding 1/2 of the costs incurred in establishing and operating the gifted education center by the head of the relevant central administrative agency, he or she shall submit such plan to the head of the relevant central administrative agency: <Amended by Presidential Decree No. 18594, Dec. 3, 2004; Presidential Decree No. 19754, Dec. 21, 2006>
1. A school pursuant to Article 2 of the Higher Education Act or a higher educational institution established by other statutes;
2. A national or public research institute;
3. A government-funded research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, or a government-funded institution established by other statutes;
4. A public interest corporation established under the Act on the Establishment and Operation of Public Interest Corporations (limited to public interest corporations related to science, technology, art and sports).
(2) Each establishment plan under paragraph (1) shall include the following matters:
1. Name;
2. Objectives;
3. Location;
4. School regulations;
5. Current status of teachers (including persons responsible for gifted education being dispatched to or holding dual offices at gifted education centers pursuant to Article 28 or other statutes and regulations) and a plan for securing such teachers or persons;
6. Current status of facilities and installations necessary for gifted education and a plan for securing such facilities and installations;
7. A financing plan for expenses to be incurred and a financial operation plan;
8. Matters concerning the collection of tuition fees and scholarships;
9. Expected date of establishment and operation;
10. The articles of incorporation, property list and evidential documents on property of a corporation establishing and operating the relevant gifted education center (limited to public interest corporations under paragraph (1) 4);
11. Other matters determined by the superintendent of education or the heads of the relevant central administrative agencies to approve the establishment of the relevant gifted education center.
(3) Where the superintendent of education or the head of a relevant central administrative agency receives an establishment plan pursuant to paragraph (1), he or she shall determine whether to approve the establishment after deliberation by a City/Do committee or the Central Committee, and notify the relevant person of the results thereof.
(4) The head of a relevant central administrative agency or the superintendent of education may, if necessary, conduct an on-site investigation before deliberation by the Central Committee or a City/Do committee and submit the results thereof to the Central Committee or to the City/Do committee.
(5) Where the superintendent of education intends to establish and operate a gifted education center pursuant to Article 8 of the Act in an educational institution and an educational administration and research institute under his or her authority, deliberation shall be undertaken by the City/Do committee in compliance with the matters in the subparagraphs of paragraph (2).
 Article 22 (Abrogation of Gifted Classes and Gifted Education Centers)
Where a person establishing and operating a gifted class or gifted education center intends to abrogate the relevant gifted class or gifted education center, a report shall be filed with the person who has approved the establishment.
 Article 23 (Revocation of Designation of Gifted Schools)
(1) The Minister of Education may revoke the designation of a gifted school where the gifted school is deemed to violate the statutes, regulations or school regulations or to be unable to achieve its objectives of establishment, after deliberation by the Central Committee upon consideration of the opinion of the superintendent of education of the relevant City/Do. In such cases, the Minister of Education shall offer the head of the relevant gifted school an opportunity to provide a statement. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(2) Any gifted school the designation of which is revoked pursuant to paragraph (1) shall be deemed the school prior to designation as a gifted school: Provided, That such school shall provide gifted education to the students attending the gifted school as at the time the designation is revoked until such students graduate from the relevant school. In such cases, the relevant school shall be deemed a gifted school for the students receiving gifted education.
(3) The Minister of Education or the superintendent of education may revoke approval for the establishment of a gifted class where the gifted class is deemed to violate the statutes and regulations or school regulations or to be unable to achieve its objectives of establishment after deliberation by the Central Committee or the City/Do committee. In such cases, the Minister of Education or the superintendent of education shall offer the head of the school in which the relevant gifted class is established an opportunity to provide a statement. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(4) Paragraph (3) shall apply mutatis mutandis to the revocation of approval for the establishment of gifted education centers. In such cases, the "Minister of Education or the superintendent of education" in paragraph (3) shall be construed as the "head of the relevant central administrative agency or the superintendent of education". <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
CHAPTER V OPERATION OF EDUCATIONAL INSTITUTIONS FOR THE GIFTED
 Article 24 (Recognition of Completion of Curriculums of Gifted Schools)
(1) The head of each gifted school shall recognize the completion of all or some of the curriculums equivalent to those of a high school according to the degree of completion of curriculums of the relevant gifted school as provided by school regulations. In such cases, deliberation shall be undertaken by the selection and examination committee. <Amended Presidential Decree No. 19754, Dec. 21, 2006>
(2) Notwithstanding the Regulations on Early Promotion to Higher Grade, the head of each gifted school may allow early promotion to a higher grade or early graduation for students with excelling talents as provided by school regulations. In such cases, deliberation shall be undertaken by the selection and examination committee. <Amended by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 24148, Oct. 29, 2012>
 Article 25 (Appointment of Teachers to Be Placed at Gifted Schools and Gifted Classes)
(1) The standards for appointment of teachers of gifted schools and teachers responsible for gifted education at gifted classes pursuant to Article 12 (1) of the Act (hereinafter referred to as "gifted class teacher") shall be as specified in attached Table 1. <Amended by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 21081, Oct. 14, 2008>
(2) Notwithstanding paragraph (1), a person without a certificate of qualification as a teacher prescribed in Article 21 of the Elementary and Secondary Education Act may be placed at a gifted school where such person falls under any of the following: <Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 21081, Oct. 14, 2008>
1. A person deemed to have an ability to be responsible for gifted education who has a doctor's degree or a master's degree with not less than five years of experience in the relevant area;
2. A person deemed to have an ability to be responsible for gifted education who has a special ability in the relevant area.
(3) Where a candidate for gifted school teachers holds a certificate of qualification as a teacher pursuant to Article 21 of the Elementary and Secondary Education Act, a person with the authority to appoint gifted school teachers shall preferentially appoint such candidate although there are candidates for gifted school teachers having academic degrees and gifted education abilities equivalent thereto in the relevant subject areas. <Newly Inserted by Presidential Decree No. 21081, Oct. 14, 2008>
(4) Any teacher appointed pursuant to paragraph (2) shall hold office only at the relevant gifted school and shall not be dispatched to nor hold dual offices at other institutions. <Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 21081, Oct. 14, 2008>
(5) The Public Officials Remuneration Regulations and the Regulations on Allowances for Public Officials shall apply mutatis mutandis to the remuneration and allowances of teachers appointed under paragraph (2) and other matters necessary for working conditions, etc. shall be provided by school regulations in cases of national and public schools and by the articles of incorporation in cases of private schools. <Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 21081, Oct. 14, 2008>
 Article 26 (Appointment of Teachers to Be Placed at Gifted Education Centers)
(1) Directors and instructors shall be placed at gifted education centers as teachers, and the standards for appointment thereof shall be as specified in attached Table 2.
(2) Notwithstanding paragraph (1), a person with the authority to appoint teachers of gifted education centers under paragraph (1) may appoint as an instructor of the gifted education centers persons deemed to have an ability to be responsible for gifted education who have a special ability in the relevant area. <Newly Inserted by Presidential Decree No. 21081, Oct. 14, 2008>
(3) Any person establishing and operating a gifted education center shall appoint the director and instructors of the gifted education center and part of the authority for appointment may be delegated to the director of the gifted education center. <Amended by Presidential Decree No. 21081, Oct. 14, 2008>
(4) Any person establishing and operating a gifted education center shall determine matters necessary for the remuneration, services, working conditions, etc. of the director and instructors of the gifted education center. <Amended by Presidential Decree No. 21081, Oct. 14, 2008>
 Article 27 (Appointment of Instructors to Be Placed at Gifted Schools and Gifted Classes)
(1) Notwithstanding Article 42 (1) of the Enforcement Decree of the Elementary and Secondary Education Act, the standards for appointment of instructors to be placed at gifted schools and gifted classes shall be as specified in attached Table 3.
(2) Matters necessary for the remuneration, services, working conditions, etc. of instructors under paragraph (1) shall be provided by school regulations in cases of national and public gifted schools or gifted classes and by the articles of incorporation in cases of private gifted schools or gifted classes.
 Article 28 (Dispatch to and Holding Dual Offices at Educational Institutions for the Gifted)
(1) The head of an educational institution for the gifted may require teachers of schools pursuant to Article 2 of the Elementary and Secondary Education Act, teachers of schools pursuant to Article 2 of the Higher Education Act or higher educational institutions established by other statutes, executive officers and employees of national and public research institutes, and executive officers and employees of government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes or government-funded institutions established by statutes to be responsible for gifted education by having such persons dispatched to or hold dual offices at the educational institution for the gifted. <Amended by Presidential Decree No. 18594, Dec. 3, 2004; Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 21081, Oct. 14, 2008>
(2) Where the ground for dispatching teachers and executive officers and employees to an educational institution for the gifted pursuant to paragraph (1) ceases or the objectives of dispatch are unlikely to be achieved, the head of the educational institution for the gifted may request the dispatching institution to cancel the dispatch after deliberation by the selection and examination committee (in cases of gifted schools, referring to school steering committees). <Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006>
(3) Articles 7-3 and 7-4 of the Decree on the Appointment of Educational Officials shall apply mutatis mutandis to dispatching teachers to educational institutions for the gifted, etc. pursuant to Article 12-2 of the Act. <Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006>
 Article 29 (Standards for Placement of Teachers at Educational Institutions for the Gifted)
(1) Each gifted school shall place teachers in compliance with the following standards:
1. One principal and one vice-principal;
2. Not less than one teacher for every ten students;
3. One professional counselling teacher and one librarian teacher.
(2) Any school in which gifted classes are established shall place not less than one teacher responsible for gifted classes for each subject of educational domains for the gifted.
(3) Each gifted education center shall place teachers in compliance with the following standards:
1. One director;
2. Not less than one instructor responsible for gifted education for each subject of educational domains for the gifted.
(4) Instructors pursuant to Article 27, persons responsible for gifted education being dispatched to educational institutions for the gifted pursuant to Article 28 and persons responsible for gifted education being dispatched or holding dual offices by other statutes and regulations shall be included in the calculation of the number of teachers placed at educational institutions for the gifted under paragraphs (1) through (3).
 Article 30 (Working Conditions of Teachers Responsible for Gifted Education)
(1) Notwithstanding the provisions pertaining to restriction on transfer to another position, a person with the authority to appoint teachers who are educational officials may require teachers of gifted schools and teachers responsible for gifted classes to be responsible for gifted education by having such teachers continue to work for the relevant schools.
(2) A fixed amount of research expenses may be paid to teachers of educational institutions for the gifted (including instructors pursuant to Article 27 and persons responsible for gifted education being dispatched to or holding dual offices at educational institutions for the gifted pursuant to Article 28 or other statutes or regulations) monthly within budgetary limits.
(3) Each person with the authority to appoint teachers who are educational officials may take preferential measures in terms of promotion and other personnel affairs for teachers of educational institutions for the gifted (including persons responsible for gifted education being dispatched to educational institutions for the gifted pursuant to Article 28 or other statutes or regulations).
 Article 31 (Education and Training of Teachers Responsible for Gifted Education)
(1) The Minister of Education and the superintendents of education shall implement vocational education and vocational training necessary to improve the expertise and quality of teachers (including instructors pursuant to Article 27 and persons responsible for gifted education being dispatched to or holding dual offices at educational institutions for the gifted pursuant to Article 28 or other statutes or regulations) of educational institutions for the gifted on a regular basis. In such cases, the Minister of Education and the superintendents of education shall determine the timing, method, etc. of vocational training. <Amended by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(2) Any person appointed as an instructor of a gifted education center pursuant to Article 26 and any person appointed as an instructor of a gifted school or gifted class pursuant to Article 27 shall undergo specific vocational training recognized by the Minister of Education or the superintendent of education within one year from the date on which such person is appointed. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(3) Notwithstanding paragraph (2), any person appointed as an instructor of a gifted education center the establishment of which is approved by the head of the relevant central administrative agency may undergo specific vocational training recognized by the head of the relevant central administrative agency.
(4) Where the superintendent of education implements vocational training for not less than 60 hours for teachers of schools pursuant to Article 2 of the Elementary and Secondary Education Act to improve the quality of the teachers, he or she shall include matters concerning gifted education therein. <Newly Inserted by Presidential Decree No. 21081, Oct. 14, 2008>
 Article 32 (Classes of Educational Institutions for the Gifted)
(1) A gifted school may operate systems other than the graded school system as provided by school regulations.
(2) Notwithstanding Article 44 of the Enforcement Decree of the Elementary and Secondary Education Act, a gifted school may determine the semesters as provided by school regulations.
(3) Notwithstanding Article 45 of the Enforcement Decree of the Elementary and Secondary Education Act, the number of school days of each gifted school shall be provided by school regulations within the scope determined by the Minister of Education. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(4) Notwithstanding Article 46 of the Enforcement Decree of the Elementary and Secondary Education Act, the formation of classes of each gifted school (including the formation of gifted classes of schools) shall be provided by school regulations and the number of students per class shall not exceed 20 students.
(5) Where gifted education is given in a gifted class during school hours, such education shall be given in the form of talent activities, special activities, etc. besides curriculum activities.
(6) Where a person intends to receive gifted education in a gifted education center during the school hours, such person shall obtain permission from the head of the school with the consent of a guardian of such person. In such cases, the head of the relevant school may recognize the attendance to the educational institution for the gifted as the attendance to the relevant school as provided by school regulations.
(7) The number of students of each class of gifted education centers shall not exceed 20 students.
(8) Except as otherwise provided in this Decree or other statutes or regulations, matters necessary for the operation, etc. of educational institutions for the gifted shall be provided by the school regulations of the educational institutions for the gifted.
 Article 33 (Curriculums of Educational Institutions for the Gifted)
The curriculums of educational institutions for the gifted prescribed in Article 13 (1) of the Act shall be provided by the school regulations of the educational institutions for the gifted.
 Article 34 (Curriculum Books of Educational Institutions for the Gifted)
(1) Deleted. <by Presidential Decree No. 21081, Oct. 14, 2008>
(2) The head of a gifted school may choose and use books or teaching materials necessary to operate the educational courses for the gifted of the relevant school. <Amended by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 21081, Oct. 14, 2008>
(3) The head of an educational institution for the gifted shall determine books or teaching materials necessary to provide gifted education at the relevant gifted class or gifted education center.
(4) The Minister of Education, the heads of the relevant central administrative agencies or the superintendents of education may develop books, teaching materials, etc. to be used by educational institutions for the gifted and provide the educational institutions for the gifted with such books, teaching materials, etc. free of charge. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 35 (Recognition of Completion and Entrusted Education)
The head of an educational institution for the gifted may, if necessary, entrust some of educational courses of such institution to other educational institutions for the gifted, universities, research institutes, etc. In such cases, the completion of the educational courses entrusted shall be deemed as the completion of some of the educational courses of the relevant educational institution for the gifted as provided by school regulations.
 Article 35-2 (Securing Connectivity of Gifted Education)
The head of a school pursuant to Article 2 of the Higher Education Act or a school equivalent thereto established by other statutes (hereinafter referred to as "university, etc.") may, if a student who has completed the curriculums for the gifted matriculates to a school of the same course, recognize the completion of subjects in the educational institution for the gifted that are equivalent to university curriculums as the acquisition of academic credits at the relevant school as provided by school regulations.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
 Article 36 (Student Records)
(1) The head of a school in which gifted classes are established or the head of a gifted education center shall prepare and manage materials equivalent to student records as to persons who receive gifted education in the relevant educational institution for the gifted and serve such materials on the heads of the schools to which the students belong at the end of each school year. <Amended by Presidential Decree No. 21081, Oct. 14, 2008>
(2) The head of a school in which gifted classes are established and the head of a school on which materials under paragraph (1) are served shall record the details of the gifted education completed in the student records.
(3) The head of an educational institution for the gifted shall, if necessary, manage student records by means of computerization, but he or she shall not provide such student records to a third party without consent of the relevant student (where a student is a minor, referring to the student and his or her guardian, such as parents). <Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006>
 Article 37 Deleted. <by Presidential Decree No. 19754, Dec. 21, 2006>
CHAPTER V-2 SELECTION OF PERSONS SATISFYING SPECIAL CASE
 Article 37-2 (Establishment of Selection and Examination Committees for Persons Satisfying Special Case)
A selection and examination committee for persons satisfying a special case shall be established in each gifted education research institute to deliberate on the following matters:
1. Examining the selection of persons satisfying a special case of gifted education pursuant to subparagraph 8 of Article 2 of the Act (hereinafter referred to as "person satisfying a special case");
2. Examining the transfer to another school and placement of a person satisfying a special case;
3. Other matters determined by the selection and examination committee for persons satisfying a special case for the examination of persons satisfying a special case.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
 Article 37-3 (Organization and Operation of Selection and Examination Committees for Persons Satisfying Special Case)
(1) Each selection and examination committee for persons satisfying a special case shall be comprised of not more than 10 members including the chairperson.
(2) The head of a gifted education research institute shall become the chairperson.
(3) The chairperson shall commission or appoint members from among the following persons:
1. An expert in gifted education;
2. An expert in the areas of psychology and counselling;
3. An expert in the area of special talents;
4. A relevant person of educational institutions for the gifted or universities, etc. providing education in the area of special talents;
5. Other persons with abundant research works or experience in persons who intend to be selected as persons satisfying a special case.
(4) Except as otherwise provided in this Decree, the chairperson shall determine matters necessary for the operation of the selection and examination committee for persons satisfying a special case after deliberation by such committee.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
 Article 37-4 (Selection of Persons Satisfying Special Case)
(1) Any person who intends to be selected as a person satisfying a special case or a guardian of such person shall submit an application for the selection and examination of persons satisfying a special case to the superintendent of education, along with a letter of recommendation or evidential documents of the head of the school such person is attending or the guidance teacher of such person or a letter of recommendation and evidential documents of the head of an educational institution for the gifted pursuant to Article 16 of the Act.
(2) The superintendent of education in receipt of an application under paragraph (1) shall request a gifted education research institute to select and examine persons satisfying a special case within 30 days from the date of receipt of the application.
(3) The head of a gifted education research institute shall convene the selection and examination committee for persons satisfying a special case within 30 days from the date of receipt of a request for the selection and examination of persons satisfying a special case from the superintendent of education.
(4) A selection and examination committee for persons satisfying a special case may request a person who intends to be selected as a person satisfying a special case to respond to various tests or make an appearance for the selection and examination of persons satisfying a special case, and where such person fails to comply therewith, such person shall be deemed to abandon the application.
(5) The head of a gifted education research institute shall notify the relevant superintendent of education of the results of selection and examination.
(6) The relevant superintendent of education in receipt of notification of the results of selection and examination from the head of a gifted education research institute shall notify the applicant of the results of selection and examination and may have a person satisfying a special case admitted to the relevant educational institution or placed at the relevant educational institution by obtaining the consent of the educational institution and a guardian of such person.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
 Article 37-5 (Standards for Selection of Persons Satisfying Special Case)
(1) A person satisfying a special case shall be any of the following persons:
1. A person deemed to have the highest level of talent or potential in a specific subject or in a specific area based on the results of standardized intelligence tests, thinking power tests, creative problem solving ability tests, and other specific tests, interviews or observations;
2. A person deemed to have the highest level of talent or potential in artistic or physical areas based on the results of practical tests or other specific tests, interviews or observations.
(2) The selection and examination committees for persons satisfying a special case shall determine detailed examination standards for selection under paragraph (1) and other matters necessary for selection.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
 Article 37-6 (Transfer to Another School or Placement of Persons Satisfying Special Case)
(1) Any person who intends to apply for transfer to another school or placement pursuant to Article 18 (1) of the Act shall submit an application for the examination of transfer to another school and placement to the superintendent of education along with an explanatory statement and evidential documents.
(2) The superintendent of education in receipt of an application pursuant to paragraph (1) may request a gifted education research institute to conduct the examination of transfer to another school and placement of persons satisfying a special case within 30 days from the date of receipt of the application.
(3) The head of a gifted education research institute shall convene a meeting of a selection and examination committee for persons satisfying a special case within 30 days from the date of receipt of a request for the examination of transfer to another school and placement of persons satisfying a special case from the superintendent of education.
(4) A selection and examination committee for persons satisfying a special case shall deliberate on the transfer to another school or placement in consideration of the opinion of the relevant student and guardian; and the head of a gifted education research institute shall notify the superintendent of education of the results of examination of transfer to another school and placement.
(5) The superintendent of education in receipt of notification of the results of examination of transfer to another school and placement from the head of a gifted education research institute shall notify the applicant of the results of examination of transfer to another school and placement and may have a person satisfying a special case admitted to the relevant educational institution or placed at the relevant educational institution by obtaining the consent of the educational institution and a guardian of such person.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 38 (Designation and Operation of Gifted Education Research Institutes)
(1) The following institutions shall be eligible to be designated as a gifted education research institute pursuant to Article 15 (1) of the Act: <Amended by Presidential Decree No. 21081, Oct. 14, 2008>
1. The Korea Educational Development Institute;
2. The Korea Advanced Institute of Science and Technology;
3. Research institutes in specialized areas related to gifted education.
(2) The Minister of Education, the Minister of Science and ICT, and the heads of the relevant central administrative agencies shall designate the Korea Educational Development Institute under paragraph (1) 1, the Korea Advanced Institute of Science and Technology under paragraph (1) 2 and research institutes under paragraph (1) 3 as a gifted education research institute, respectively. In such cases, where the designation of a government-funded research institute (excluding the Korea Educational Development Institute) pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes as a gifted education research institute shall be consulted with the Minister of the Office for Government Policy Coordination. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 21081, Oct. 14, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28211, Jul. 26, 2017>
(3) The Minister of Education and the heads of the relevant central administrative agencies may fully or partially subsidize expenses necessary for the operation of gifted education research institutes within budgetary limits. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 21081, Oct. 14, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 38-2 (Establishment and Management of Integrated Databases on Gifted Education)
(1) The Korea Educational Development Institute under Article 38 may establish and manage the following integrated databases on gifted education to manage data on gifted education in an integrated manner:
1. Establishment and operation of cooperative networks connecting educational institutions for the gifted and gifted education research institutes;
2. Collection of information on persons eligible for gifted education and establishment of databases thereon;
3. Collection and management of teaching and study materials used by educational institutions for the gifted;
4. Collection and management of data on teachers responsible for gifted education;
5. Establishment, etc. of systems to share research, knowledge and information on gifted education.
(2) Educational institutions for the gifted and gifted education research institutes shall render cooperation for the collection of relevant data.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
 Article 38-3 (Requirements for Designating Training Institutions)
(1) Where a gifted education research institute intends to be designated as a training institution pursuant to Article 15 (3) of the Act (hereinafter referred to as "training institute"), documents that include the following matters shall be submitted to the Minister of Education or to the head of the relevant central administrative agency: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
1. Objectives;
2. Name;
3. Location;
4. Expenses to be incurred in training;
5. Names, dates of birth, subjects responsible and major areas of instructors;
6. Rules of the training institute;
7. Matters concerning school magazines, teachers, gymnasiums, practical exercise facilities, etc. (drawings to be attached);
8. Other matters concerning the operation of the training institute.
(2) The Minister of Education and the heads of the relevant central administrative agencies shall designate a gifted education research institute as a training institute after deliberation by the Central Committee if the gifted education research institute meets the following requirements: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
1. Systemization of educational courses and curriculums;
2. Expertise of human resources related to training;
3. Creation of training environment, such as training facilities and equipment.
(3) The Minister of Education and the heads of the relevant central administrative agencies may fully or partially subsidize expenses necessary for operating training institutes within budgetary limits. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(4) The Regulations on Training for Teachers shall apply mutatis mutandis to other matters concerning the operation, etc. of training institutes.
[This Article Newly Inserted by Presidential Decree No. 19754, Dec. 21, 2006]
 Article 39 (Support of State or Local Governments)
The Minister of Education, the heads of the relevant central administrative agencies or the heads of local governments may provide educational institutions for the gifted with subsidies for facility expenses, expenses for materials and equipment, operating expenses, teaching material development expenses, teachers' research expenses, scholarships and other necessary expenses within budgetary limits to promote gifted education in relevant areas. <Amended by Presidential Decree No. 19754, Dec. 21, 2006; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 40 (Management of Personal Identifiable Information)
(1) The head of an educational institution for the gifted may manage data including resident registration numbers pursuant to subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if deemed inevitable to manage administrative affairs concerning the preparation and management of student records prescribed in Article 11-4 of the Act.
(2) A person with the authority to appoint teachers may manage data including resident registration numbers pursuant to subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if deemed inevitable to manage administrative affairs concerning the appointment of teachers of educational institutions for the gifted prescribed in Article 12 of the Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Special Cases on Publication of Standards for Recommendation of Persons Eligible for Gifted Education) Notwithstanding the main sentence of Article 12 (4), any school designated as a gifted school within one year after this Decree enters into force may publish recommendation standards no later than ten days before the date of receipt of applications for selection.
(3) (Special Case on Standards for Appointment of Teachers Responsible for Gifted Education) Notwithstanding attached Table 1, a person with the authority to appoint teachers pursuant to Article 25 may appoint persons who have not completed specific training courses recognized by the Minister of Education and Human Resources Development or the superintendents of education as teachers of gifted schools and teachers of gifted classes for five years from the date on which this Decree enters into force. In such cases, the persons appointed without completing the training courses shall complete the training courses under attached Table 1 within one year from the date of appointment.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19754, Dec. 21, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Selection, Recommendation and Examination Committees for Persons Eligible for Gifted Education) The selection, recommendation and examination committees for persons eligible for gifted education organized pursuant to the previous provisions as at the time this Decree enters into force shall be deemed as selection and examination committees for persons eligible for gifted education organized by this Decree; the members of the selection, recommendation and examination committees for persons eligible for gifted eduction as at the time this Decree enters into force shall be deemed appointed as the members of the selection and examination committees for persons eligible for gifted education under this Decree; and the term of office of members of the selection and examination committees for persons eligible for gifted education shall be calculated from the date of appointment.
(3) (Transitional Measures concerning Persons Eligible for Selection and Recommendation) Any person determined as a person eligible for selection and recommendation by a selection, recommendation and examination committee for persons eligible for gifted education pursuant to the previous provisions as at the time this Decree enters into force shall be deemed selected as a person eligible for gifted education under this Decree.
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. 21081, Oct. 14, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24148, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2013.
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. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
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 the amendments to the Presidential Decrees which were promulgated before this Decree enters into force but whose enforcement dates have not yet arrived, among the Presidential Decrees amended pursuant to Article 8 of Addenda, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)