ENFORCEMENT DECREE OF THE SPECIAL ACT ON ESTABLISHMENT AND MANAGEMENT OF FOREIGN EDUCATIONAL INSTITUTIONS IN FREE ECONOMIC ZONES AND JEJU FREE INTERNATIONAL CITY
Presidential Decree No. 19141, Nov. 30, 2005
Amended by Presidential Decree No. 20067, May 25, 2007
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21090, Oct. 24, 2008
Presidential Decree No. 21590, jun. 30, 2009
Presidential Decree No. 21656, Jul. 30, 2009
Presidential Decree No. 22701, Mar. 9, 2011
Presidential Decree No. 23386, Dec. 21, 2011
Presidential Decree No. 23928, Jul. 4, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27928, Mar. 8, 2017
Presidential Decree No. 28811, Apr. 24, 2018
| Article 2 (Standards for Facilities, Equipment, and Others for Establishing Foreign Educational Institutions) |
| 1. | Securing school buildings (including rental thereof) as prescribed in Article 3 of the Regulations on Establishment and Management of Various Levels of Schools below High School; |
| 2. | Securing school sites (including rental thereof) as prescribed in Article 6 of the Regulations on Establishment and Management of Various Levels of Schools below High School; |
| 4. | Securing basic properties for profit, the value of which is equivalent to a half of the annual operating revenues of the school account, or subscribing to guaranty insurance, the insurance money of which is equivalent to such value, as prescribed in Article 13 (1) of the Regulations on Establishment and Management of Various Levels of Schools below High School. |
| (2) | The standards for establishing a foreign educational institution equivalent to a school (including graduate school universities under Article 30 of the same Act; hereinafter the same applies) under Article 2 of the Higher Education Act, among the standards for facilities, equipment, and others for establishing foreign educational institutions under Article 5 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 21090, Oct. 24, 2008; Presidential Decree No. 22701, Mar. 9, 2011> |
| 1. | Securing classrooms, laboratories, professors’ offices, libraries, etc. in the school building (including rental thereof) as prescribed in Article 4 of the Regulations on Establishment and Management of Universities; |
| 2. | Securing school sites (including rental thereof) as prescribed in Article 5 of the Regulations on Establishment and Management of Universities; |
| 3. | Securing teachers as prescribed in Article 6 of the Regulations on Establishment and Management of Universities; |
| 4. | Securing basic properties for profit, the value of which is equivalent to the annual operating revenues of the school account, or subscribing to guaranty insurance, the insurance money of which is equivalent to the value of the annual operating revenues of the school account, under Article 7 (excluding the part concerning the obligation to secure an amount specified in each subparagraph of paragraph (1) of the same Article) of the Regulations on Establishment and Management of Universities. |
| (3) | Where a foreign school foundation establishes a foreign educational institution that meets the same level of standards applicable to the schools established in the foreign country, in accordance with the standards determined and publicly announced by the Minister of Education, taking the statutes, etc. of a foreign country into consideration, the foreign school foundation shall, notwithstanding the provisions of paragraphs (1) 1 through 3 and (2) 1 through 3, be regarded as having satisfied the standards for establishment provided in the relevant subparagraph, respectively. <Newly Inserted by Presidential Decree No. 24423, Mar. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013> |
| (4) | When it is intended to increase the number of classes or the student quota or to establish new departments or faculties of a foreign educational institution, the school as a whole including the increased or established portion shall meet the standards as prescribed in this Decree. |
| (5) | "Other matters prescribed by Presidential Decree" in Article 5 (4) of the Act means the founder and manager of the school, and the matters under Article 3 (1) 14. |
| Article 2-2 (Special Cases concerning Foreign Educational Institutions Equivalent to Graduate School Universities and Colleges) |
| (1) | In applying Article 2 (2) 1 to a foreign educational institution which is equivalent to a school prescribed in Article 2 of the Higher Education Act, the term “1000 persons” under the latter part of Article 4 (3) of the Regulations on Establishment and Management of Universities shall be construed as "400 persons", and the term “200 persons” thereunder as “100 persons”, respectively. <Amended by Presidential Decree No. 22701, Mar. 9, 2011> |
| (2) | In the case of a foreign educational institution which is equivalent to a graduate school university prescribed in Article 30 of the Higher Education Act, school buildings and school sites under Article 2 (2) 1 and 2 may be secured, leasing part of the buildings and part of land appurtenant thereto. <Amended by Presidential Decree No. 22701, Mar. 9, 2011> |
[This Article Newly Inserted by Presidential Decree No. 20067, May 25, 2007]
| Article 3 (Application for Approval for Establishing Foreign Educational Institutions) |
| (1) | Pursuant to Article 5 (2) of the Act, any person who intends to establish a foreign educational institution shall prepare documents stating the following matters and apply to the Minister of Education for approval of the establishment of the foreign educational institution by no later than 12 months prior to the scheduled date of opening of the foreign educational institution: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22701, Mar. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013> |
| 2. | Purpose of establishment; |
| 6. | Charter of the school; |
| 7. | Management plans for academic affairs (including departments, majors, student quota, curricula, etc.); |
| 8. | Financial plans for four years from the year the school opens; |
| 9. | Present condition of school buildings; |
| 10. | Present condition of facilities, including equipment for experiments and practical exercises; |
| 11. | Present condition of basic properties for profit; |
| 13. | Scheduled date of opening of schools; |
| 14. | Plans for annexed schools, if any; |
| 15. | Certificate of verification for establishment plans of the foreign school foundation for the foreign educational institution; |
| 16. | Written accord concerning the establishment and management of the foreign educational institution, concluded between the said institution and a Free Economic Zone, or between the said institution and Jeju Free International City. |
| (2) | When a person who intends to establish a foreign educational institution applies for approval for establishing the foreign educational institution under paragraph (1), the Minister of Education shall approve the application after deliberation by the Deliberation Committee for Establishment of Foreign Educational Institutions prescribed in Article 4: Provided, That an application for approval for establishing a foreign educational institution in a Free Economic Zone shall undergo deliberation by the Deliberation Committee for Establishment of Foreign Educational Institutions, prior to deliberation and resolution by the Free Economic Zone Committee provided in Article 22 (2) of the Special Act on Designation and Management of Free Economic Zones. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 21656, Jul. 30, 2009; Presidential Decree No. 24423, Mar. 23, 2013> |
| (3) | The Minister of Education shall notify an applicant of as to whether an application is approved under paragraph (2), by no later than 6 months prior to the scheduled date of opening of a foreign educational institution. <Newly Inserted by Presidential Decree No. 22701, Mar. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013> |
| Article 4 (Establishment and Functions of Deliberation Committee for Establishment and Operation of Foreign Educational Institutions) |
| (1) | The Ministry of Education shall install the Deliberation Committee for the Establishment and Operation of Foreign Educational Institutions (hereinafter referred to as the "Committee") in order to deliberate on necessary matters concerning approval for establishment and operation of foreign educational institutions. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 21087, Oct. 20, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| (2) | The Committee shall deliberate on the following matters: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 21087, Oct. 20, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Matters concerning the establishment of foreign educational institutions approved by the Minister of Education under Article 5 of the Act; |
| 2. | Matters concerning adjustment of the percentage of domestic students admittable to foreign educational institutions under the proviso to Article 10 (1) of the Act and the percentage of domestic students admittable to jointly-managed foreign educational institutions under Article 15 (1) 1 of the Act; |
| 3. | Matters concerning the closure of foreign educational institutions as prescribed in Article 16 of the Act; |
| 4. | Matters concerning the revocation of approval for establishment, closure of a department, or suspension of student enrollments as prescribed in Article 17 of the Act; |
| 5. | Other matters requested by the Minister of Education concerning the approval for establishment of foreign educational institutions, etc. |
| Article 5 (Composition, etc. of Committee) |
| (1) | The Committee shall be comprised of between seven to nine members including the chairperson. |
| (2) | The Minister of Education shall appoint or commission members who have sufficient experience in educational administration, from among personnel who may represent the views of a wide cross-section of fields, including academic or business circles and education-related groups. The term of membership shall be one year, which may be renewed. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| (3) | The chairperson shall be elected from the members, represent the Committee, and control the overall business of the Committee. |
| (4) | The chairperson shall convene and preside over meetings of the Committee. |
| (5) | Meetings of Committee shall be opened with the attendance of a majority of the members duly elected and seated, and shall make decisions with the concurrence of a majority of the members duly elected and seated. |
| (6) | The Committee shall have an administrative secretary and a clerk to deal with administrative affairs, who shall be appointed by the Minister of Education from among the public officials belonging to the Ministry of Education. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| Article 5-2 (Exclusion, Challenge and Evasion of Committee Members) |
| (1) | Where a member of the Committee falls under any of the following subparagraphs, he/she shall be excluded from deliberation and resolution of the agenda concerned: |
| 1. | Where a member of the Committee, or a person who is or was his/her spouse falls under any of the following: |
| (a) | Where he/she is or was an executive director of the foreign school foundation directly involved in the agenda concerned; |
| (b) | Where he/she is or was a teacher of the educational institution established and managed by a foreign school foundation directly involved in the agenda concerned in a foreign country pursuant to foreign statutes; |
| 2. | Where a member of the Committee falls under any of the following: |
| (a) | Where he/she is or was a relative of the executive director of the foreign school foundation directly involved in the agenda concerned; |
| (b) | Where he/she is or was a relative of the teacher working for the educational institution established and managed by the foreign school foundation directly involved in the agenda concerned in a foreign country pursuant to foreign statutes; |
| 3. | Where a member of the Committee or a corporation, group etc. to which a member of the Committee belongs testified, made a statement, consulted, researched or appraised in connection with the agenda concerned; |
| 4. | Where a member of the Committee or a corporation, group etc. to which a member of the Committee belongs is or was an agent of the foreign school foundation directly involved in the agenda concerned. |
| (2) | A party directly involved in the agenda concerned may, if the circumstances indicate that it would be difficult to expect fair deliberations and decisions by a member of the Committee, file his/her request for a challenge to the member with the Committee, and the Committee shall decide whether or not to accept the request by resolution. In this case, the member of the Committee who is the subject of the request for challenge may not participate in the resolution. |
| (3) | Where a member of the Committee falls under any of the causes of exclusion in paragraph (1), he/she shall voluntarily refrain from deliberations and resolutions on the agenda concerned. |
[This Article Newly Inserted by Presidential Decree No. 23928, Jul. 4, 2012]
| Article 5-3 (Dismissal and Disappointment of Committee Member) |
The Minister of Education may dismiss or relieve a member of the Committee from his/her office if the member falls under any of the following subparagraphs: <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
| 1. | Where he/she becomes unable to perform his/her duties due to any mental or physical disability; |
| 2. | Where he/she is deemed not suitable to the office of a member of the Committee due to such reasons as neglect of duties, injury to dignity, etc.; |
| 3. | Where a member of the Committee fails to voluntarily refrain despite that he/she falls under any of subparagraphs of Article 5-2 (1). |
[This Article Newly Inserted by Presidential Decree No. 23928, Jul. 4, 2012]
| Article 6 (Standards for Reviewing Establishment of Foreign Educational Institutions) |
In examining the matters concerning the establishment of foreign educational institutions, the Committee shall include the following matters:
| 1. | Standards for facilities, equipment, and others for establishment as prescribed in Article 2; |
| 2. | Legal status of founders of foreign educational institutions in their home countries; |
| 3. | International reputation of the academic fields to be established and managed; |
| 4. | Feasibility and practicality of plans for establishment and management; |
| 5. | Founding philosophy of the schools; |
| 6. | Demand for education and conditions of location of the prospected school site. |
| Article 7 (Student Quota) |
| (1) | "Quota related to fostering human resources prescribed by Presidential Decree, such as teachers, medical personnel, pharmacists and medical technicians" in the main sentence of Article 10 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 21590, Jun. 30, 2009> |
| 1. | Quotas related to nurturing teachers; |
| 2. | Quotas related to nurturing the following personnel: |
| (b) | Medical technicians as prescribed in Article 1 of the Medical Technologists, etc. Act; |
| (2) | When determining the matters concerning paragraph (1) 2, the Minister of Education shall consult with the head of the administrative agency concerned. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| (3) | The percentage of domestic students eligible to be admitted to a foreign educational institution in accordance with the proviso to Article 10 (1) of the Act shall be the percentage adjusted by the Committee within 30 percent of the student quota of the relevant foreign educational institution. In such cases, the Superintendents of a competent Office of Education may, by the educational regulations of a relevant Special Metropolitan City, Metropolitan City, or Do, raise the admission rate additionally within 20 percent of the said student quota, in consideration of the educational conditions of the Special Metropolitan City, Metropolitan City, or Do. <Amended by Presidential Decree No. 23386, Dec. 21, 2011> |
| (4) | Deleted. <Presidential Decree No. 23386, Dec. 21, 2011> |
| (5) | The number of domestic students eligible to be admitted to a foreign educational institution in accordance with Article 10 (2) of the Act shall not exceed 30 percent of the student quota of the foreign educational institution, and the Superintendents of a competent Office of Education may, by the educational regulations of a relevant Special Metropolitan City, Metropolitan City, or Do, raise the admission rate additionally within 20 percent of the said student quota, in consideration of the educational conditions of the Special Metropolitan City, Metropolitan City, or Do. <Amended by Presidential Decree No. 21590, Jun. 30, 2009; Presidential Decree No. 23386, Dec. 21, 2011> |
| Article 8 Deleted. <by Presidential Decree No. 21087, Oct. 20, 2008> |
| Article 9 (Designation of Foreign Educational Institutions with Scholastic Recognition) |
| (1) | “Educational program prescribed by the Presidential Decree” referred to in Article 11 (1) means an educational program organized and operated to ensure that domestic students take two or more courses, including Korean Language and Social Studies (including courses recognized by the Minister of Education as the ones related to Social Studies, such as Korean History) for at least two hours each a week. |
| (2) | The head of a foreign educational institution who intends to be designated as a foreign educational institution with scholastic recognition as referred to in Article 11 (1) shall submit plans for the organization and operation of curricula provided for in paragraph (1) to the Minister of Education. |
| (3) | Domestic students who have graduated from foreign educational institutions designated as foreign educational institutions with scholastic recognition pursuant to Article 11 (1) shall be deemed to have the same scholastic attaintment as those who have graduated from elementary, middle and high schools based on the term of study completed. |
[This Decree Wholly Amended by Presidential Decree No. 27928, Mar. 8, 2017]
| Article 9-2 (Transfer and Special Admission of Students from/into Foreign Educational Institutions with Scholastic Recognition) |
The principal of an elementary or middle or high school, or of any school of other various types that corresponds to an elementary or middle or high school in terms of scholastic recognition as provided in Article (2) of the Elementary and Secondary Education Act, may allow transfer or special admission of students between the relevant school and a foreign educational institution designated pursuant to Article 11 (1) of the Act as an educational institution with scholastic recognition. [This Article Newly Inserted by Presidential Decree No. 22701, Mar. 9, 2011]
| Article 10 (Application for Financial Support, etc.) |
Foreign school foundations and foreign educational institutions that seek to obtain support from the State or local governments under Article 14 of the Act shall file an application with statement of its management objectives, and foreign educational institution that has obtained financial support shall not use such support for any purposes, other than its stated management objectives.
| Article 11 (Standards for Approval for Closure of Foreign Educational Institutions) |
| (1) | Where a foreign school foundation, etc. seeks to apply for approval for closing its foreign educational institution under Article 16 of the Act, it shall file an application with the Minister of Education, accompanying the following documents: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| 2. | Scheduled date of closure; |
| 3. | Methods of dealing with students and school register; |
| 4. | Plans for dealing with the faculty; |
| 5. | Plans for disposition of residual property. |
| (2) | When receiving an application for approval for closure under the provisions of paragraph (1), the Minister of Education shall approve it, following the deliberation by the Committee. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| Article 12 (Charter of School) |
Any person who intends to establish a foreign educational institution shall include the following matters in the charter of the school prescribed in subparagraph 6 of Article 3: <Amended by Presidential Decree No. 25840, Dec. 9, 2014> | 1. | Founding philosophy of the foreign educational institution; |
| 2. | Plans for management of academic affairs; |
| 3. | Plans for financial management; |
| 4. | Plans for securing educational and research facilities and equipment; |
| 5. | Plans for personnel management and welfare of the faculty and staff; |
| 6. | Plans for welfare and guidance of students; |
| 7. | Plans for the long-term development of the foreign educational institution. |
| Article 13 (Guidance and Supervision with regard to Foreign Educational Institutions) |
| (1) | The head of a foreign educational institution shall submit a statement of student quota, facilities, equipment, and teachers as of April 1 each year to the Minister of Education by April 30 of the relevant year. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| (2) | The Minister of Education may require submission of the following documents for the purposes of guiding and supervising foreign educational institutions under Article 9 of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Operational plans and a statement of budget for the following academic year; |
| 2. | Operational performance and a statement of account settlement for the current school year; |
| 3. | List of property as at the end of the current school year; |
| 4. | Other related documents, ledgers and reference materials deemed necessary for supervising administrative affairs. |
| Article 14 (Delegation of Authority) |
The Minister of Education shall, in accordance with Article 21 of the Act, delegate his/her authority to the Superintendent of Seoul Special Metropolitan City, a Metropolitan City, or a Do, with regard to the following matters concerning a foreign educational institution equivalent to a kindergarten prescribed in the Early Childhood Education Act or to a school under the Elementary and Secondary Education Act among foreign educational institutions: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22701, Mar. 9, 2011; Presidential Decree No. 24423, Mar. 23, 2013>
| Article 15 (Re-Examination of Regulation) |
| (1) | The Minister of Education shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: |
| 1. | Student quota in accordance with Article 7 : January 1, 2017; |
| 2. | Designation of a foreign educational institution with scholastic recognition in accordance with Article 9: January 1, 2017. |
[This Decree Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
| Article 16 (Criteria for Imposition of Administrative Fines) |
[This Article Newly Inserted by Presidential Decree No. 28811, Apr. 24, 2018]
ADDENDUM
This Decree shall enter into force on December 1, 2005.
ADDENDUM <Presidential Decree No. 20067, May 25, 2007>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21090, Oct. 24, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21656, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22701, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Approval Procedures for Establishment of
Foreign Educational Institutions)
The amended provisions of Article 3 (1) and (3) shall apply, beginning the first application for approval of establishment of a foreign educational institution after July 1, 2011.
ADDENDUM <Presidential Decree No. 23386, Dec. 21, 2011>
This Decree shall enter into force on January 1, 2012.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso 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. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
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. 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. 27928, Mar. 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28811, Apr. 24, 2018>
This Decree shall enter into force on the date of its promulgation.