LIFELONG EDUCATION ACT
Wholly Amended by Act No. 8676, Dec. 14, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9641, May 8, 2009
Act No. 10915, Jul. 25, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11770, May 22, 2013
Act No. 12130, Dec. 30, 2013
Act No. 12339, Jan. 28, 2014
Act No. 13248, Mar. 27, 2015
Act No. 13228, Mar. 27, 2015
Act No. 13945, Feb. 3, 2016
Act No. 14160, May 29, 2016
Act No. 15964, Dec. 18, 2018
Act No. 16337, Apr. 23, 2019
Act No. 16677, Dec. 3, 2019
CHAPTER I GENERAL PROVISIONS
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 12339, Jan. 28, 2014>
| 1. | The term "lifelong education" means all types of systematic educational activities other than regular school curriculums, including supplementary education to upgrade educational attainment, literacy education for adults, occupational education for ability enhancement, humanities and liberal education, culture and art education, and citizen's participation education; |
| 2. | The term "lifelong educational institution" means any establishment, corporation or organization falling under any of the following: |
| (a) | Establishment, corporation or organization authorized, registered or reported under this Act; |
| (c) | Establishment, corporation or organization, established mainly for lifelong education under other statutes; |
| 3. | The term "literacy education" (hereinafter referred to as "literacy education") means a systematic educational program that enables people to attain basic living capabilities, including literacy capability, which are socially and culturally required to lead a daily life. |
| Article 3 (Relationship with Other Statutes) |
This Act shall apply to lifelong education, except as otherwise provided in other statutes.
| Article 4 (Ideals of Lifelong Education) |
| (1) | All citizens shall be guaranteed equal opportunities for lifelong education. |
| (2) | Lifelong education shall be conducted based on learners' willing participation and voluntary study. |
| (3) | Lifelong education shall not be exploited as a tool for the propaganda of political or personal prejudice. |
| (4) | Any person who has completed a certain lifelong education course shall be afforded due social rewards, such as accreditation of the relevant qualification and educational attainment. |
| Article 5 (Duties of State and Local Governments) |
| (1) | The State and local governments shall establish and promote the lifelong education promotion policy to provide all people with opportunities to participate in lifelong education. |
| (2) | The State and local governments shall formulate and implement lifelong education policies for persons with disabilities so that they have opportunities for lifelong education. <Newly Inserted by Act No. 14160, May 29, 2016> |
| (3) | The State and local governments shall establish a systematic cooperation system to systematically and continuously provide lifelong education for persons with disabilities. <Newly Inserted by Act No. 16337, Apr. 23, 2019> |
| (4) | The State and local governments shall actively encourage the founders of organizations, establishments and places of business, etc. under their jurisdiction to conduct lifelong education. <Amended by Act No. 14160, May 29, 2016; Act No. 16337, Apr. 23, 2019> |
| Article 6 (Curriculums, etc.) |
Curriculums, methods, and time, etc. for lifelong education shall be prescribed by those who conduct lifelong education, except as specifically provided for in this Act and other statutes, and particular consideration shall be given to needs and practicality of learners.
| Article 7 (Use of Public Facilities) |
| (1) | Any person who conducts lifelong education may utilize public facilities for lifelong education within the extent it does not undermine the original purpose of such public facilities, as prescribed by the relevant statutes. |
| (2) | In the case of paragraph (1), the manager of pubic facilities shall permit the utilization of such public facilities unless any special reason exists to the contrary. |
| Article 8 (Study Vacation and Study Expenses Support) |
The State, the heads of local governments, the heads of public institutions or the chief executive managers of various corporations may grant their employees paid or non-paid study vacation to expand their lifelong education opportunity or pay them study expenses, such as expenses for books, education, research, etc.
CHAPTER II MASTER PLAN, ETC. FOR LIFELONG EDUCATION PROMOTION
| Article 9 (Establishment of Master Plan for Lifelong Education Promotion) |
| (1) | The Minister of Education shall formulate a master plan for lifelong education promotion (hereinafter referred to as "master plan") every five years. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The master plan shall include the following matters: <Amended by Act No. 14160, May 29, 2016> |
| 1. | Matters concerning the objective of the mid- and long-term policy and basic direction of lifelong education promotion; |
| 2. | Matters concerning the construction of foundation and activation of lifelong education; |
| 3. | Matters concerning the investment expansion for lifelong education promotion and its required financial resources; |
| 4. | Matters concerning the analysis and evaluation of lifelong education promotion policies; |
| 5. | Matters concerning the promotion of lifelong education for persons with disabilities; |
| 6. | Matters concerning the evaluation of lifelong education promotion policies for persons with disabilities, and institutional enhancement; |
| 7. | Other necessary matters for lifelong education promotion. |
| (3) | The Minister of Education shall notify the master plan to the heads of the related central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), the City/Do superintendent of education, and the head of a Si/Gun/autonomous Gu. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 10 (Establishment of Lifelong Education Promotion Committee) |
| (1) | The Lifelong Education Promotion Committee (hereinafter referred to as the "Promotion Committee") under the control of the Minister of Education shall be established to deliberate on the major matters concerning the lifelong education promotion policy. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Promotion Committee shall deliberate on the following matters: |
| 1. | Matters concerning the master plan; |
| 2. | Matters concerning the evaluation of lifelong education promotion policies and the system improvement; |
| 3. | Matters concerning the cooperation and adjustment of duties for the support for lifelong education; |
| 4. | Other matters determined by Presidential Decree for lifelong education promotion policies. |
| (3) | The Promotion Committee shall be comprised of not more than 20 members, including the chairperson. |
| (4) | The Minister of Education shall serve as the chairperson of the Promotion Committee and its members shall be commissioned by the chairperson from among the vice ministers of the related ministries and agencies and those who have sufficient professional knowledge and experience in lifelong education, such as specialists related to lifelong education or education for persons with disabilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14160, May 29, 2016> |
| (5) | Necessary matters concerning the composition and operation of the Promotion Committee shall be prescribed by Presidential Decree. |
| Article 11 (Establishment and Implementation of Yearly Implementation Plan for Lifelong Education Promotion) |
The Mayor/Do Governor shall establish and implement the yearly implementation plan for lifelong education promotion (hereinafter referred to as "implementation plan") according to the master plan. In such cases, he/she shall consult with the City/Do superintendent of education.
| Article 12 (City/Do Lifelong Education Council) |
| (1) | A City/Do lifelong education council (hereinafter referred to as the "City/Do Council") shall be established under the control of the Mayor/Do Governor to deliberate upon the matters necessary for the establishment and implementation of the implementation plan. |
| (2) | The City/Do Council shall be comprised of not more than 20 members, including the chairperson and vice chairperson. |
| (3) | The Mayor/Do Governor shall serve as the chairperson of the City/Do Council and the vice-superintendent of education of a City/Do shall serve as the vice-chairperson. |
| (4) | Members of the City/Do Council shall be commissioned by the chairperson by consulting with the superintendent of education of the relevant City/Do among those who have much professional knowledge and experience in lifelong education, such as the relevant public officials, specialists related to lifelong education, specialists related to lifelong education for persons with disabilities, and operators of the relevant lifelong education agencies. <Amended by Act No. 14160, May 29, 2016> |
| (5) | Necessary matters concerning the composition and operation of the City/Do Council shall be prescribed by ordinance of the relevant local government. |
| Article 13 (Cooperation by Heads, etc. of Related Administrative Agencies) |
| (1) | If deemed necessary to establish the master plan, the Minister of Education may request the heads of related administrative agencies or other institutions or organizations to provide relevant data. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | If deemed necessary to establish the implementation plan, the Mayor/Do Governor may request the heads of related administrative agencies or other institutions or organizations to provide relevant data. |
| (3) | The heads of institutions or organizations that are requested for data under paragraphs (1) and (2) shall cooperate with such request unless any special reason exists. |
| Article 14 (Si/Gun/Autonomous Gu Lifelong Education Council) |
| (1) | The Si/Gun/autonomous Gu lifelong education council (hereinafter referred to as the "Si/Gun/Gu Council") shall be established in a Si/Gun and an autonomous Gu to adjust the projects related to the implementation of lifelong education for residents in the community and to enhance cooperation among related agencies. |
| (2) | The Si/Gun/Gu Council shall be comprised of not more than 12 members, including one chairperson and one vice-chairperson. |
| (3) | The head of a Si/Gun/autonomous Gu shall act as the chairperson of the Si/Gun/Gu Council and its members shall be commissioned by the chairperson among related public officials of a Si/Gun/autonomous Gu and regional offices of education, lifelong education specialists, persons serving in the fields of lifelong education for persons with disabilities, and the operators of the relevant lifelong education agencies within the jurisdiction. <Amended by Act No. 14160, May 29, 2016> |
| (4) | Necessary matters concerning the composition and operation, etc. of the Si/Gun/Gu Council shall be prescribed by ordinance of local governments. |
| Article 15 (Lifelong Study City) |
| (1) | The State may designate and support a lifelong study city for a Si/ Gun/autonomous Gun to invigorate lifelong education in the community. |
| (2) | A national lifelong study city council may be established to promote the connection and cooperation among lifelong study cities under paragraph (1) and information exchange. |
| (3) | Necessary matters concerning the composition and operation of the national lifelong study city council under paragraph (2) shall be prescribed by Presidential Decree. |
| (4) | Necessary matters concerning the designation and support of the national lifelong study city under paragraph (1) shall be determined by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 16 (Subsidies and Supports) |
| (1) | The State and local governments may operate or support a lifelong education promotion project falling under any of the following, as prescribed by this Act and other statues: |
| 1. | Establishment and operation of the lifelong educational institution; |
| 2. | Cultivation and posting of certified lifelong education teachers under Article 24; |
| 3. | Development of lifelong education programs; |
| 4. | Other projects, etc. to be conducted for promotion of citizen's participation in lifelong education. |
| (2) | The head of a local government may conduct or support a lifelong education promotion project for residents, as prescribed by ordinance of the relevant local government. In such cases, the head of a local government shall consult with the superintendent of education or the head of a district office of education. |
| Article 17 (Guidance and Support) |
| (1) | Upon a request from a lifelong educational institution, the State and local governments may provide guidance or support in relation to its activities for lifelong education. |
| (2) | Upon a request from a lifelong educational institution, the State and local governments may conduct training necessary to upgrade capabilities of persons engaged in lifelong education activities at such institution. |
| Article 18 (Statistical Research, etc. of Lifelong Education) |
| (1) | The Minister of Education and the Mayor/Do Governor shall inspect basic data, such as the current status of performance and support of lifelong education and disclose the statistics related to such inspection. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | A person in charge of duties related to lifelong education and a person who operates a lifelong educational institution shall cooperate with the inspection referred to in paragraph (1). |
CHAPTER III NATIONAL INSTITUTE FOR LIFELONG EDUCATION, ETC.
| Article 19 (National Institute for Lifelong Education) |
| (1) | The State shall establish the National Institute for Lifelong Education (hereinafter referred to as the "NILE") to support matters related to the lifelong education promotion. <Amended by Act No. 12130, Dec. 30, 2013> |
| (2) | The NILE shall be a body corporate. |
| (3) | The NILE shall be established at the time when it registered such establishment at the location of its main office. |
| (4) | The NILE shall perform the following duties: <Amended by Act No. 11770, May 22, 2013; Act No. 13945, Feb. 3, 2016> |
| 1. | Support and inspection for the promotion of lifelong education; |
| 2. | Support for establishment of the master plan deliberated upon by the Promotion Committee; |
| 3. | Support for development of lifelong education programs; |
| 4. | Cultivation and training of persons engaged in lifelong education, including certified lifelong education teachers under Article 24; |
| 5. | Construction of connecting system among lifelong educational institutions; |
| 6. | Support for the City/Do institute for lifelong education under Article 20; |
| 7. | Construction and operation of comprehensive information system for lifelong education; |
| 9. | Consolidated management and operation of study records under Article 23; |
| 9-2. | Matters concerning management and operation of literacy education; |
| 9-3. | Duties entrusted pursuant to this Act or other statutes; |
| 10. | Other necessary business for the attainment of the NILE's objectives. |
| (5) | The following shall be included in the articles of association of the NILE: |
| 3. | Location of the main office; |
| 4. | Matters concerning its business; |
| 5. | Main matters concerning executive officers and employees; |
| 6. | Matters concerning the board of directors; |
| 7. | Matters concerning property and accounting; |
| 8. | Matters concerning the amendment to the articles of association. |
| (6) | If the NILE intends to amend the contents prescribed in the articles of association under paragraph (5), it shall obtain approval from the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (7) | The State may contribute to the expenses incurred in the establishment and operation of the NILE within the budget. |
| (8) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the NILE. |
| Article 19-2 (National Lifelong Education Promotion Center for Persons with Disabilities) |
| (1) | The State shall establish a National Lifelong Education Promotion Center for Persons with Disabilities (hereinafter referred to as the “Lifelong Education Promotion Center for Persons with Disabilities”) in order to support the business affairs related to the promotion of lifelong education of persons with disabilities. |
| (2) | The Lifelong Education Promotion Center for Persons with Disabilities shall conduct the following duties: <Amended by Act No. 16337, Apr. 23, 2019> |
| 1. | Support and investigation necessary to promote lifelong education of persons with disabilities; |
| 2. | Duties related to lifelong education promotion for persons with disabilities among the matters included in a master plan deliberated upon by the Promotion Committee; |
| 3. | Support for development of lifelong education programs by type of disability; |
| 4. | Nurturing, education, and training of persons who engage in lifelong education for persons with disabilities, and training of public officials for communication with persons with disabilities; |
| 5. | Establishment of a linkage system among lifelong educational institutions for persons with disabilities; |
| 6. | Development of lifelong education courses for persons with developmental disabilities; |
| 7. | Development and dissemination of communication tools for persons with developmental disabilities; |
| 8. | Support for fostering schools of various levels and lifelong educational institutions that operate lifelong education programs for persons with disabilities; |
| 9. | Development and dissemination of teaching materials and tools for lifelong education by type of disability; |
| 10. | Other duties necessary for fulfilling the purpose of the Lifelong Education Promotion Center for Persons with Disabilities. |
| (3) | Matters necessary for establishing and operating the Lifelong Education Promotion Center for Persons with Disabilities shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14160, May 29, 2016]
| Article 19-3 (Human Rights Education for Persons Who Engage in Lifelong Education for Persons with Disabilities) |
| (1) | Persons who engage in lifelong education for persons with disabilities shall receive education on the human rights of persons with disabilities. |
| (2) | Education on the human rights of persons with disabilities under paragraph (1) shall be conducted by an institution, facility, corporation, or organization providing human rights education prescribed by Ordinance of the Ministry of Education. |
| (3) | Other matters necessary for the details, methods, etc. of education shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16337, Apr. 23, 2019]
| Article 20 (Operation of City/Do Institute for Lifelong Education) |
| (1) | The Mayor/Do Governor may establish, or designate and operate a City/Do institute for lifelong education, as prescribed by Presidential Decree. |
| (2) | The City/Do institute for lifelong education shall perform the following duties: <Amended by Act No. 16337, Apr. 23, 2019> |
| 1. | Provision of opportunities and information on lifelong education to the relevant region; |
| 2. | Counselling on lifelong education; |
| 3. | Operation of lifelong educational programs; |
| 3-2. | Operation of lifelong educational programs for persons with disabilities; |
| 4. | Construction of connection system among the lifelong educational institutions in the relevant region; |
| 5. | Other matters deemed necessary by the Mayor/Do Governor for the lifelong education promotion. |
| Article 20-2 (Establishment of Lifelong Education Facilities for Persons with Disabilities, etc.) |
| (1) | The State, local governments, and City/Do superintendents of education may establish, or designate and operate, lifelong education facilities for persons with disabilities in order to operate lifelong education programs and provide lifelong education opportunities to persons with disabilities within its or their jurisdictions. |
| (2) | Where any person, other than the State, local governments, and City/Do superintendents of education, intends to establish a lifelong education facility for persons with disabilities prescribed in paragraph (1), he/she shall register such facility with the superintendent of education by securing facilities and equipment prescribed by Presidential Decree. |
| (3) | The State and local governments may subsidize expenses necessary for operating lifelong education facilities for persons with disabilities within the budgetary limit. |
[This Article Newly Inserted by Act No. 14160, May 29, 2016]
| Article 21 (Establishment and Operation, etc. of Si/Gun/Gu Lifelong Study Hall, etc.) |
| (1) | The Mayor/Do superintendent of education shall establish or designate and operate a lifelong study hall to operate the lifelong educational programs and provide lifelong educational opportunities for residents in his/her jurisdiction. |
| (2) | The head of a Si/Gun/autonomous Gu may perform necessary business to promote lifelong education of the relevant local government, such as the establishment of a lifelong study hall or provision of financial assistance, etc. |
| (3) | A lifelong study hall shall perform the following projects: <Newly Inserted by Act No. 12339, Jan. 28, 2014; Act No. 14160, May 29, 2016> |
| 1. | Development and operation of lifelong educational programs; |
| 1-2. | Development and operation of lifelong education programs for persons with disabilities; |
| 2. | Consultation on lifelong education; |
| 3. | Education and training of lifelong education personnel; |
| 4. | Collection and provision of information on lifelong education; |
| 5. | Support for operation of Eup/Myeon/Dong lifelong study centers under Article 21-3 and management thereof; |
| 6. | Other projects deemed necessary for the promotion of lifelong education. |
| (4) | Necessary matters concerning the establishment and operation, etc. of a lifelong study hall under paragraphs (1) and (2) shall be prescribed by ordinance of relevant local governments. |
| Article 21-2 (Lifelong Education Courses for People of Disabilities) |
| (2) | A lifelong educational institution may establish and operate separate lifelong education courses for persons with disabilities so as to expand lifelong education opportunities of persons with disabilities. |
| (3) | The NILE shall develop measures for expanding lifelong education opportunities of persons with disabilities and lifelong education programs for persons with disabilities. |
| (4) | A City/Do institute for lifelong education referred to in Article 20 shall support lifelong educational institutions so that they can establish and operate lifelong education courses for persons with disabilities. |
[This Article Newly Inserted by Act No. 14160, May 29, 2016]
| Article 21-3 (Operation of Eup/Myeon/Dong Lifelong Study Centers) |
| (1) | The head of a Si/Gun/autonomous Gu may operate a lifelong study center that operates lifelong education programs for residents and provides advice to residents at each Eup/Myeon/Dong after installing or designating one. |
| (2) | Matters concerning the installation or designation and operation of Eup/Myeon/Dong lifelong education centers under paragraph (1) shall be prescribed by ordinance of relevant local governments. |
[This Article Newly Inserted by Act No. 12339, Jan. 28, 2014]
| Article 22 (Promotion of Lifelong Education Related to Informatization) |
| (1) | The State and local governments shall endeavor to informatize education and develop lifelong education curriculums related to informatization by connecting with the various levels of schools, civic organizations, corporations, etc. |
| (2) | The State and local governments may operate a system to collect and provide information concerning lecturers, as prescribed by Presidential Decree so that the various levels of schools, lifelong educational institutions, etc. may utilize necessary human resources. |
| Article 23 (Study Records) |
| (1) | The Minister of Education shall endeavor to introduce and operate a study record system (referring to a system to manage personal study experiences of people comprehensively and intensively) for the promotion of the citizen's lifelong education and development and management of the human resources. <Amended by Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Education may evaluate and accredit a course of study to be managed by the study record system referred to in paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013> |
| (3) | If any lifelong educational institution that establishes and operates a course of study which has received the evaluation and accreditation under paragraph (2) falls under any of the following, the Minister of Education may revoke such evaluation and accreditation: Provided, That in the case of subpargraph 1, such evaluation and accreditation shall be revoked: <Newly Inserted by Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | Where it has received the evaluation and recognition by false or other unlawful means; |
| 2. | Where it has operated a course of study, in violation of the contents evaluated and accredited under paragraph (2); |
| 3. | Where it has not satisfied the standards for evaluation and accreditation under paragraph (2). |
| (4) | If the Minister of Education intends to revoke the evaluation and accreditation under subparagraphs 2 and 3 of paragraph (3), it shall issue a corrective order to the head of a lifelong educational institution pursuant to the period and procedure prescribed by Presidential Decree. <Newly Inserted by Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013> |
| (5) | In the case of issuing a corrective order under paragraph (4), the Minister of Education may order the head of a lifelong educational institution to make public the fact that he/she has been given the corrective order. <Newly Inserted by Act No. 12130, Dec. 30, 2013> |
CHAPTER IV CERTIFIED LIFELONG EDUCATION TEACHERS
| Article 24 (Certified Lifelong Education Teachers) |
| (1) | The Minister of Education shall grant the qualification of a certified lifelong education teacher to any of the following persons, to educate specialists in lifelong education: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | Any person who has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of the Ministry of Education at the school established pursuant to Article 2 of the Higher Education Act (hereinafter referred to as "university") or at the institution that is recognized to have educational attainment equal to or higher than the university and has acquired the degree; |
| 2. | Any person who has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of the Ministry of Education at an educational and training institution, operating a course of study which has received the evaluation and recognition under Article 3 (1) of the Act on Recognition of Credits, Etc. (hereinafter referred to as "credit bank institution") and has acquired the degree; |
| 3. | Any person who has graduated from a university or has been recognized to have the educational attainment equal to or higher than university and has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of the Ministry of Education at a university or at an institution recognized to have the educational attainment equal to or higher than university, the educational institution for certified lifelong educational teachers under Article 25, and the credit bank institution; |
| 4. | Any person who has other qualifications determined by Presidential Decree. |
| (2) | A certified lifelong education teacher shall perform the duties of planning, conducting, analyzing and evaluating lifelong education and teaching. |
| (3) | No person falling under any of the following shall become a certified lifelong education teacher: <Amended by Act No. 14160, May 29, 2016> |
| 1. | A person in whose cases three years have not passed since his/her qualification was cancelled pursuant to Article 24-2 (excluding cases where the qualification of such person was cancelled due to reasons falling under Article 28 (2) 1); |
| 2. | A person falling under any of the cases specified in Article 28 (2) 1 through 5. |
| (4) | Necessary matters concerning grades, scope of duties, study courses, training and procedures for issuance of certificate for certified lifelong education teachers shall be prescribed by Presidential Decree. |
| (5) | The Minister of Education may collect commission from those who intends to have a certificate for certified lifelong education teachers issued or re-issued under paragraph (1), as prescribed by Ordinance of the Ministry of Education. <Newly Inserted by Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013> |
| Article 24 (Certified Lifelong Education Teachers) |
| (1) | The Minister of Education shall grant the qualification of a certified lifelong education teacher to any of the following persons to educate specialists in lifelong education and shall issue a certificate of qualification to a qualified person: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013; Act No. 16677, Dec. 3, 2019> |
| 1. | Any person who has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of the Ministry of Education at the school established pursuant to Article 2 of the Higher Education Act (hereinafter referred to as "university") or at the institution that is recognized to have educational attainment equal to or higher than the university and has acquired the degree; |
| 2. | Any person who has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of the Ministry of Education at an educational and training institution, operating a course of study which has received the evaluation and recognition under Article 3 (1) of the Act on Recognition of Credits, Etc. (hereinafter referred to as "credit bank institution") and has acquired the degree; |
| 3. | Any person who has graduated from a university or has been recognized to have the educational attainment equal to or higher than university and has earned at least a certain level of credits in subjects related to lifelong education determined by Ordinance of the Ministry of Education at a university or at an institution recognized to have the educational attainment equal to or higher than university, the educational institution for certified lifelong educational teachers under Article 25, and the credit bank institution; |
| 4. | Any person who has other qualifications determined by Presidential Decree. |
| (2) | A certified lifelong education teacher shall perform the duties of planning, conducting, analyzing and evaluating lifelong education and teaching. |
| (3) | No person falling under any of the following shall become a certified lifelong education teacher: <Amended by Act No. 14160, May 29, 2016> |
| 1. | A person in whose cases three years have not passed since his/her qualification was cancelled pursuant to Article 24-2 (excluding cases where the qualification of such person was cancelled due to reasons falling under Article 28 (2) 1); |
| 2. | A person falling under any of the cases specified in Article 28 (2) 1 through 5. |
| (4) | Necessary matters concerning grades, scope of duties, study courses, training and procedures for issuance of certificate for certified lifelong education teachers shall be prescribed by Presidential Decree. |
| (5) | A certificate of qualification issued under paragraph (1) shall not be borrowed from or lent to other persons, and such acts shall not be recommended. <Newly Inserted by Act No. 16677, Dec. 3, 2019> |
| (6) | The Minister of Education may collect commission from those who intends to have a certificate for certified lifelong education teachers issued or re-issued under paragraph (1), as prescribed by Ordinance of the Ministry of Education. <Newly Inserted by Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013; Act No. 16677, Dec. 3, 2019> |
<<Enforcement Date: Jun. 4, 2020>>
| Article 24-2 (Cancellation of Qualification of Certified Lifelong Education Teachers) |
Where a certified lifelong education teacher falls under any of the following cases, the Minister of Education shall cancel his/her qualification:
| 1. | When he/she has acquired the qualification as a lifelong education teacher by false or other unjust means; |
| 2. | When he/she has allowed any other person to use his/her name as a certified lifelong education teacher or lent his/her certificate as a certified lifelong education teacher to any other person; |
| 3. | When he/she comes to fall under the ground for disqualification prescribed in Article 24 (3) 2. |
[This Article Newly Inserted by Act No. 14160, May 29, 2016]
| Article 24-2 (Cancellation of Qualification of Certified Lifelong Education Teachers) |
Where a certified lifelong education teacher falls under any of the following cases, the Minister of Education shall cancel his/her qualification: <Amended by Act No. 16677, Dec. 3, 2019>
| 1. | When he/she has acquired the qualification as a lifelong education teacher by false or other unjust means; |
| 2. | When he/she has allowed any other person to use his/her name as a certified lifelong education teacher; |
| 3. | When he/she comes to fall under the ground for disqualification prescribed in Article 24 (3) 2; |
| 4. | When he/she has lent his/her certificate of qualification to any other person in violation of Article 24 (5). |
[This Article Newly Inserted by Act No. 14160, May 29, 2016]
<<Enforcement Date: Jun. 4, 2020>>
| Article 25 (Training Institution for Certified Lifelong Education Teachers) |
| (1) | The Minister of Education may designate a lifelong educational institution as an institution for training certified lifelong education teachers, considering necessary facilities, curriculum and teachers, etc. for cultivating and training certified lifelong education teachers, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Deleted. <by Act No. 11770, May 22, 2013> |
| Article 26 (Placement and Employment of Certified Lifelong Education Teachers) |
| (1) | Certified lifelong education teachers under Article 24 (1) shall be placed in lifelong educational institutions. |
| (3) | Certified lifelong education teachers shall be placed at City/Do institutes for lifelong education referred to in Article 20, lifelong education facilities for persons with disabilities referred to in Article 20-2, and Si/Gun/Gu lifelong education halls referred to in Article 21. <Amended by Act No. 14160, May 29, 2016> |
| (4) | Institutions subject to placement of certified lifelong education teachers under paragraphs (1) through (3) and standards for the placement shall be prescribed by Presidential Decree. |
| Article 27 (Subsidies for Employment of Certified Lifelong Teachers) |
The State and local governments shall subsidize the expenses, etc, incurred in the operation of lifelong education programs and employment of certified lifelong education teachers under Article 26 (2).
CHAPTER V LIFELONG EDUCATIONAL INSTITUTIONS
| Article 28 (Founders of Lifelong Educational Institutions) |
| (1) | Each founder of a lifelong educational institution shall contribute to lifelong education for residents in a community by carrying out a variety of lifelong educational programs. |
| (2) | None of the following persons shall become the founder of a lifelong educational institution: <Amended by Act No. 14160, May 29, 2016> |
| 1. | A person under adult guardianship or limited guardianship; |
| 2. | A person for whom three years have not passed since his/her imprisonment without labor or greater punishment declared by a court was completely executed (including the case where the execution of such sentence is deemed to be completed) or exempted; |
| 3. | A person who is under suspension of the execution of his/her imprisonment without labor or greater punishment declared by a court; |
| 4. | A person whose qualification is suspended or relinquished by a ruling of a court or by other Acts; |
| 5. | A person for whom three years have yet to elapse after his/her authorization or registration was cancelled or the lifelong educational course was closed under Article 42; |
| 6. | A corporation, one of the executive officers of which falls under any of subparagraphs 1 through 5. |
| (3) | Any founder of a lifelong educational institution under subparagraph 2 (a) of Article 2 shall, in connection with the operation of the lifelong educational establishment, take necessary safety measures, such as subscribing to insurance or joining mutual-aid business which guarantees the compensation for life and physical damage to users of the relevant establishment, as prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Do and a Special Self-Governing Province (hereinafter referred to as "City/ Do"). |
| (4) | In any of the following cases, the founder or operator of a lifelong educational institution shall take measures for protecting learners, such as return of tuition fees, as prescribed by Presidential Decree: <Amended by Act No. 13945, Feb. 3, 2016> |
| 1. | When the authorization for establishment of, or the registration of, a lifelong educational institution is revoked, or when lifelong educational courses are closed or suspended pursuant to Article 42; |
| 2. | When the founder or operator of a lifelong educational institution becomes unable to provide educational courses; |
| 3. | When a learner gives up learning by his/her own will; |
| 4. | In other cases prescribed by Presidential Decree for protecting learners. |
| Article 29 (Lifelong Education by School) |
| (1) | The heads of various levels of schools under the Elementary and Secondary Education Act and the Higher Education Act shall, in conducting lifelong education, develop and conduct the curriculums and methods based on the ideals of lifelong education from the perspective of users and endeavor to develop the community and regional cultures centered on the school. |
| (2) | The heads of various levels of schools may conduct directly lifelong education which satisfies needs of students, their parents and community residents by considering the educational conditions of the relevant school, or by entrusting lifelong education to local governments or non-governmental organizations: Provided, That any corporation and organization with a commercial purpose shall be excluded. |
| (3) | The classrooms, libraries, gymnasiums and other facilities of the various levels of schools shall be utilized to conduct lifelong education by school under paragraph (2). |
| (4) | Where the head of a school opens the school under paragraphs (2) and (3), necessary matters concerning the management and operation of the relevant establishment during opening hours shall be prescribed by ordinance of the relevant local government. |
| Article 29-2 (Lifelong Education of Academic Credit Bank Institutions) |
| (1) | The head of an academic credit bank institution shall conduct lifelong education through the operation of a course of study evaluated and accredited by the Minister of Education. |
| (2) | The head of an academic credit bank institution shall endeavor to maintain or improve the quality in operating the course of study under paragraph (1). |
[This Article Newly Inserted by Act No. 16677, Dec. 3, 2019]
| Article 30 (Lifelong Educational Establishment Attached to School) |
| (1) | The heads of various levels of schools may establish and operate lifelong educational establishments to conduct cultural education and vocational education for students, their parents and residents residing in their respective jurisdictions. The head of each school shall, if a lifelong educational establishment is established, file a report thereon with the jurisdictional authority. |
| (2) | Any head of a university may provide a variety of lifelong educational courses, including vocational education courses, etc. to help undergraduates and persons other than such undergraduates acquire qualifications. |
| (3) | The various levels of schools shall be equipped with facilities and equipment whose types and structures are convenient for carrying out a variety of lifelong educational programs. |
| Article 31 (School-Type Lifelong Educational Establishments) |
| (1) | Any person who intends to establish and operate a school-type lifelong educational establishment shall file for registration with the superintendent of education after making such establishment complete with facilities and equipment prescribed by Presidential Decree. |
| (2) | The superintendent of education may designate any school-type lifelong educational establishments that satisfy the requirements higher than a certain standard as establishments, graduates of which are recognized as having educational attainment of graduates of a high school or lower, among the school-type lifelong educational establishments referred to in paragraph (1): Provided, That he/she may cancel the designation where the establishment improperly uses the subsidies provided by a local government pursuant to paragraph (6) for any purpose other than their designated use. <Amended by Act No. 13228, Mar. 27, 2015> |
| (3) | The teachers under Article 19 (1) of the Elementary and Secondary Education Act may be posted to the establishment, the educational attainment of which is recognized under paragraph (2). In such cases, the regulations on teachers of national and public schools shall apply mutatis mutandis to the service, domestic training and retraining of teachers. |
| (4) | Any high technical school that installs and operates major departments under Article 54 (4) of the Elementary and Secondary Education Act may be converted into, and operated as, a lifelong educational establishment, the graduates of which are recognized as having educational attainment and degree equal to those of graduates of a junior college, after obtaining authorization from the Minister of Education. In such cases, it may use the name of the major college. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Necessary matters concerning standards and procedures for designation and cancellation of designation, admission qualifications, qualifications of teachers, etc. of school-type lifelong education establishments, the educational attainment of which is recognized under paragraph (2) and authorization standards, procedures, operating methods, such as the management of academic affairs, and other matters of lifelong education establishments under paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 13228, Mar. 27, 2015> |
| (6) | The local governments may provide necessary subsidies or other support, equivalent to those provided to schools prescribed in Article 2 of the Elementary and Secondary Education Act, to lifelong educational establishments, the educational attainment of which is recognized under paragraph (2), within the budget, as prescribed by ordinance of the relevant local government. <Amended by Act No. 13228, Mar. 27, 2015> |
| (7) | If any person designated as a lifelong educational establishment, the educational attainment of which is recognized under paragraph (2), intends to close its establishment, he/she shall obtain approval from the relevant superintendent of education by being equipped with matters prescribed by Presidential Decree, such as the measures to deal with enrolled students. |
| (8) | Articles 28, 29, and 53-2 (9) of the Private School Act shall apply mutatis mutandis to matters concerning management of property, accounting, and recruitment of teachers, etc. of lifelong educational establishments subject to recognition of educational attainment under paragraph (2), respectively, and Articles 7 and 25 (1) of the Elementary and Secondary Education Act shall apply mutatis mutandis to guidance for encouragement of learning and maintenance of school life records of students, respectively: Provided, That budgeting, settlement of accounts, and accounting, as part of accounting of school expenses shall be performed by methods prescribed by Ordinance of the Ministry of Education. <Newly Inserted by Act No. 13228, Mar. 27, 2015> |
| Article 32 (In-House College-Type Lifelong Educational Establishment) |
| (1) | Any operator of the place of business (including the place of business in which joint participation is permitted), the size of which is larger than that prescribed by Presidential Decree, may establish and operate a lifelong educational establishment, the graduates of which are recognized as having educational attainment and degrees equal to those of graduates of a junior college or a university, after obtaining authorization from the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9641, May 8, 2009; Act No. 11690, Mar. 23, 2013> |
| (2) | The in-house college-type lifelong educational establishment under paragraph (1) shall be intended for the following persons: <Amended by Act No. 12130, Dec. 30, 2013> |
| 1. | An employee working for the relevant place of business; |
| 2. | An employee of another company working at the relevant place of business; |
| 3. | An employee of a subcontractor of the relevant place of business or a company in partnership with the relevant place of business by supplying parts, materials or in any other way. |
| (3) | The costs incurred in providing education at an in-house college-type lifelong educational establishment under paragraph (1) shall be borne in principle by the employer who has hired a person falling under subparagraphs of paragraph (2). <Newly Inserted by Act No. 12130, Dec. 30, 2013> |
| (4) | Necessary matters concerning the standards for the installation of an in-house college-type lifelong educational establishment under paragraph (1) and the operation of credit system, etc. shall be prescribed by Presidential Decree. |
| (5) | Where any person intends to close his/her in-house college-type lifelong educational establishment under paragraph (1), he/she shall file a report thereon with the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12130, Dec. 30, 2013> |
| Article 33 (Distance College-Type Lifelong Educational Establishment) |
| (1) | Any person may conduct lifelong education by providing distance education to many specified or unspecified persons or providing them with a variety of information making use of information and communications media. |
| (2) | Where any person intends to conduct education for many unspecified persons under paragraph (1) in return for their tuition fees (excluding the cases of any private teaching institute specialized in teaching a regular school curriculum under Article 2-2 (1) 1 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons), he/she shall file a report thereon with the superintendent of education, as prescribed by Presidential Decree. Where he/she intends to discontinue such distance education, he/she shall file a notice thereon with the superintendent of education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10915, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12130, Dec. 30, 2013> |
| (3) | Any person who intends to establish a distance college-type lifelong educational establishment under paragraph (1), the graduates of which are recognized as having educational attainment and degrees equal to those of graduates of a junior college or a university, shall obtain authorization from the Minister of Education, as prescribed by Presidential Decree. Where he/she intends to close the establishment, he/she shall file a report thereon with the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Education shall conduct an evaluation of the distance college-type lifelong educational establishment authorized under paragraph (3) and disclose the result thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | Necessary matters concerning standards for establishment of the distance college-type lifelong educational establishment under paragraph (3) and methods of operation, such as the management of academic affairs, etc. and matters concerning the evaluation under paragraph (4) shall be prescribed by Presidential Decree. |
| (6) | No person falling under any subparagraph of Article 28 (2) shall become the founder of any distance college-type lifelong educational establishment. |
| Article 34 (Provisions to Be Applied Mutatis Mutandis) |
| Article 35 (Lifelong Educational Establishment Affiliated with Place of Business) |
| (1) | Any operator of the place of business, the size of which exceeds that prescribed by Presidential Decree, may establish and operate a lifelong educational establishment for the customers, etc. of the relevant place of business. |
| (2) | Any person who intends to establish a lifelong educational establishment affiliated with a place of business under paragraph (1) shall file a report thereon with the superintendent of education, as prescribed by Presidential Decree. Where he/she intends to close such lifelong educational establishment, he/she shall file a notice thereon with the superintendent of education. |
| Article 36 (Lifelong Educational Establishment Affiliated with Civic and Social Organization) |
| (1) | Civic and social organizations shall endeavor to build an organic cooperative system among them and utilize idle facilities, including public facilities and private facilities, to provide lifelong educational courses corresponding to the objectives of such organizations. |
| (2) | Civic and social organizations prescribed by Presidential Decree may establish and operate lifelong educational establishments for the general public. |
| (3) | Any person who intends to establish and operate a lifelong educational establishment affiliated with a civic and social organization under paragraph (2) shall file a report thereon with the superintendent of education, as prescribed by Presidential Decree. Where he/she intends to close such establishment, he/she shall file a notice thereon with the superintendent of education. |
| Article 37 (Lifelong Educational Establishment Affiliated with Press Organ) |
| (1) | Any person who runs a press organ, including a newspaper and a broadcasting station, shall contribute to promoting lifelong education for people by broadcasting a variety of lifelong educational programs through the press media. |
| (2) | Any person who runs a press organ prescribed by Presidential Decree may establish and operate a lifelong educational establishment to enhance culture and upgrade the capability of the people. |
| (3) | Any person who intends to establish a lifelong educational establishment affiliated with the press under paragraph (2) shall file a report thereon with the superintendent of education, as prescribed by Presidential Decree. Where he/she intends to close such establishment, he/she shall file a notice thereon with the superintendent of education. |
| Article 38 (Lifelong Educational Establishment Related to Knowledge and Human Resources Development Projects) |
| (1) | The State and local governments shall promote knowledge and human resources development projects aimed at developing human resources through the supply of knowledge and information as well as education and training. |
| (2) | Any person prescribed by Presidential Decree from among persons who are engaged in knowledge and human resources development projects under paragraph (1) may establish and operate a lifelong educational establishment. |
| (3) | Any person who intends to establish a lifelong educational establishment related to knowledge and human resources development projects under paragraph (2) shall file a report thereon with the superintendent of education, as prescribed by Presidential Decree. Where he/she intends to close such establishment, he/she shall file a notice thereon with the superintendent of education. |
| Article 38-2 (Authorization, Registration, etc. for Amendments of Lifelong Educational Establishment) |
| (1) | When a person who has been granted authorization for a lifelong educational establishment or made a registration or report thereon under Articles 31 through 33 and 35 through 38 intends to amend matters for which authorization has been granted or a registration and report has been made, he/she shall obtain authorization for, or make a registration and report of, the amendments, as prescribed by Presidential Decree. |
| (2) | Matters necessary for the methods, procedures, etc. for authorization or a registration and report with regard to the amendments under paragraph (1) shall be prescribed by Ordinance of the Ministry of Education. |
[This Article Newly Inserted by Act No. 12130, Dec. 30, 2013]
| Article 38-3 (Procedures for Handling Reports) |
| (1) | The Minister of Education shall notify a reporter of whether to accept a report within 20 days from the date of receipt of the report under Article 32 (5) and the latter part of Article 33 (3). |
| (2) | A superintendent of education shall notify a reporter of whether to accept a report within 10 days from the date of receipt of the report under the former part of Article 33 (2), 35 (2), 36 (3), 37 (3), or 38 (3). The same shall also apply where the superintendent of education receives a report on amendments to the matters reported under the former part of Article 33 (2), 35 (2), 36 (3), 37 (3), or 38 (3), pursuant to Article 38-2 (1). |
| (3) | Where the Minister of Education or the superintendent of education fails to notify the reporter of whether to accept a report or to extend the handling period under the statutes or regulations related to handling civil petitions within the period specified in paragraph (1) or (2), such report shall be deemed accepted on the day following the date such period (where the handling period is extended or re-extended pursuant to the statues or regulations related to handling civil petitions, referring to the relevant handling period) ends. |
[This Article Newly Inserted by Act No. 15964, Dec. 18, 2018]
CHAPTER VI LITERACY EDUCATION
| Article 39 (Implementation, etc. of Literacy Education) |
| (1) | The State and local governments shall endeavor to enhance basic capabilities of people such as literacy required for adults to lead the social life. |
| (2) | The superintendent of education may establish and operate literacy education programs for adults at elementary schools and middle schools within his/her jurisdiction, as prescribed by Presidential Decree or designate literacy education programs operated by local governments, corporations, etc. <Amended by Act No. 12339, Jan. 28, 2014> |
| (3) | The State and local governments may preferentially provide financial assistance to the literacy education programs under paragraph (2), as prescribed by Presidential Decree. <Amended by Act No. 12339, Jan. 28, 2014> |
| Article 39-2 (Establishment, etc. of Literacy Education Centers) |
| (1) | The State shall establish a National Literacy Education Center under the NILE in order to promote literacy education. |
| (2) | A City/Do superintendent of education or a Mayor/Do Governor may establish, or designate and operate, a City/Do literacy education center. |
| (3) | The composition, functions, and operation of the National Literacy Education Center and a City/Do literacy education center, and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13945, Feb. 3, 2016]
| Article 40 (Curriculum, etc. of Literacy Education Programs) |
The educational attainment of a person who completes a literacy education program installed or designated pursuant to Article 39 shall be recognized accordingly and matters necessary for the compilation of curriculum, procedures for recognition of educational attainment, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 12339, Jan. 28, 2014>
| Article 40-2 (Establishment, Operation, etc. of Integrated Literacy Education Information System) |
| (1) | The Minister of Education may establish and operate an integrated literacy education information system in order to support literacy education efficiently. |
| (2) | The Minister of Education may entrust the operation of the integrated literacy education information system to the National Literacy Education Center. |
| (3) | Matters necessary for the establishment and operation of the integrated literacy education information system referred to in paragraph (1), the entrustment of the operation of the integrated literacy education information system prescribed in paragraph (2), and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13945, Feb. 3, 2016]
CHAPTER VII MANAGEMENT AND RECOGNITION OF LIFELONG STUDY RESULTS
| Article 41 (Recognition of Credits, Educational Attainment, etc.) |
| (1) | Any person who has completed the lifelong education courses under this Act or other statutes other than lifelong education courses, the educational attainment of which is recognized under this Act, may earn his/her credits or educational attainment recognized by the Act on Recognition of Credits, Etc. |
| (2) | Any of the following persons may receive relevant credits or educational attainment recognized under the Act on Recognition of Credits, Etc.: <Amended by Act No. 13248, Mar. 27, 2015> |
| 1. | A person who has completed various courses of culture or courses required for acquiring qualifications at various levels of schools or lifelong educational establishments; |
| 2. | A person who has acquired an in-house recognized qualification after undergoing certain education at an industrial enterprise, etc.; |
| 3. | A person whose qualification has been recognized by passing the aptitude measurement test conducted by the State and local governments, the various levels of schools, industrial enterprises or civil organizations, etc.; |
| 5. | A person who has passed an examination prescribed by Presidential Decree. |
| (3) | The heads of various levels of schools and lifelong educational establishments may recognize cross-credits, educational attainment or degree which learners have earned in domestic and foreign various levels of schools, lifelong educational establishments and lifelong educational institutions under Article 31. |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 42 (Administrative Disposition) |
| (1) | Where the founder of a lifelong educational establishment falls under any of the following, the Minister of Education or the superintendent of education may revoke his/her authorization or registration to establish such establishment or close its lifelong educational courses, and order the operation of lifelong educational courses to be fully or partially suspended for a fixed period not exceeding one year: Provided, That in cases of subparagraphs 1 and 4, the authorization and registration shall be revoked: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12130, Dec. 30, 2013; Act No. 13228, Mar. 27, 2015> |
| 1. | Where he/she has obtained authorization or registration or filed a report by fraud or other improper means; |
| 2. | Where his/her establishment has fallen short of standards for authorization or registration; |
| 3. | Where he/she has managed and operated his/her lifelong educational establishment by improper means; |
| 4. | Where he/she falls under a cause for disqualification prescribed in any subparagraph of Article 28 (2); |
| 5. | Where he/she has made amendments to his/her lifelong educational establishment and operated it without authorization for, or a registration and report of, such amendments in violation of Article 38-2. |
| (2) | The Minister of Education or the superintendent of education may order correction or improvement regarding a violation, allowing a fixed period of at least one month, before ordering the lifelong educational courses to be fully or partially suspended pursuant to paragraph (1). <Newly Inserted by Act No. 13228, Mar. 27, 2015> |
| Article 42-2 (Guidance or Supervision) |
| (1) | The Minister of Education or the superintendent of education may provide guidance or supervision for a lifelong educational establishment that has obtained authorization for establishment or designation, or that has filed registration or report, in regard to matters such as accounting management and operation status. |
| (2) | When necessary for the guidance or supervision under paragraph (1), the Minister of Education or the superintendent of education may request the head of a relevant lifelong educational establishment to submit materials or may give other necessary instructions to the head of a relevant lifelong educational establishment, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13228, Mar. 27, 2015]
Where the Minister of Education or the superintendent of education intends to take any of the following measures, he/she shall hold a hearing: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13228, Mar. 27, 2015; Act No. 14160, May 29, 2016>
| 1. | Cancellation of the qualification of a certified lifelong education teacher prescribed in Article 24-2; |
| 2. | Cancellation of authorization or registration prescribed in Article 42 (1). |
| Article 44 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Education may delegate part of his/her authority under this Act to the superintendents of education, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11770, May 22, 2013> |
| (2) | The Minister of Education may fully or partially entrust the NILE with the following duties, as prescribed by Presidential Decree: <Newly Inserted by Act No. 11770, May 22, 2013> |
| 1. | Training of certified lifelong education teachers under Article 24 and issuance and re-issuance of certificates for certified lifelong education teachers; |
| 2. | Designation of training institutions for certified lifelong education teachers under Article 25. |
| (3) | The superintendents of education may delegate part of authority under this Act to the heads of district offices of education under their control, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11770, May 22, 2013> |
| Article 45 (Prohibition of Use of Similar Name) |
No one other than the Promotion Committee, the NILE, the lifelong educational council, lifelong study hall, and lifelong study center, National Literacy Education Center, and City/Do literacy education center prescribed in this Act shall be allowed to use a name similar to that of such organizations. <Amended by Act No. 12339, Jan. 28, 2014; Act No. 13945, Feb. 3, 2016>
| Article 45-2 (Penalty Provisions) |
Where a person who has established or operates a lifelong educational establishment subject to recognition of educational attainment under Article 31 (2) falls under any of the following, he/she shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: [This Article Newly Inserted by Act No. 13228, Mar. 27, 2015]
| Article 45-3 (Penalty Provisions) |
A person who lends or borrows a certificate of qualification or recommends such acts in violation of Article 24 (5) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. [This Article Newly Inserted by Act No. 16677, Dec. 3, 2019]
<<Enforcement Date: Jun. 4, 2020>>
| Article 46 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to administrative fines not exceeding five million won: <Amended by Act No. 12130, Dec. 30, 2013; Act No. 13228, Mar. 27, 2015; Act No. 13945, Feb. 3, 2016> |
| 1. | A person who has failed to furnish data or furnished false data, in violation of Article 18 (2); |
| 1-2. | A person who has failed to take necessary measures, such as return of tuition fees, in violation of Article 28 (4); |
| 2. | A person who has neglected to file a report under Articles 32 (5), 33 (2) and (3), 35 (2), 36 (3), 37 (3) and 38 (3); |
| 3. | A lifelong educational establishment or the founder thereof that has violated any order issued under Article 42 (2); |
| 4. | A person who has used a similar name, in violation of Article 45. |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the competent authority, as prescribed by Presidential Decree. |
| (3) | through (5) Deleted. <by Act No. 15964, Dec. 18, 2018> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation: Provided, That Articles 33 (4) and (5) and 34 shall enter into force on April 18, 2008. Article 2 (Transitional Measures concerning Enforcement Date)
The previous provision of Article 22 (4) shall apply until Article 33 (5) enters into force pursuant to the proviso to Article 1 of the Addenda. Article 3 (Transitional Measures concerning Establishment, Educational Attainment of Which is Recognized)
Any lifelong educational establishment designated as the establishment, the educational attainment of which is recognized under the previous provision of Article 20 (2) before this Act enters into force shall be governed by the previous provision.
Article 4 (Transitional Measures concerning Lifelong Educational Duties by City/Do Superintendent of Education)
| (1) | Notwithstanding Articles 11, 12, 13 and 18, the City/Do superintendent of education shall continuously conduct duties related to lifelong education which he/she has performed before this Act enters into force under subparagraph 8 of Article 20 of the Local Education Autonomy Act. |
| (2) | The designation and operation of the local lifelong education information center designated and operated by the Minister of Education and Human Resources Development and the superintendent of education under the previous provisions of Article 14 before this Act enters into force shall be governed by the previous provisions. |
Article 5 (Applicability to and Transitional Measures concerning Conversion of Major Department of High Technical School into Lifelong Educational Establishment)
| (2) | Where the course of major department of the high technical school is converted into a lifelong educational establishment under Article 31 (4), those who have been enrolled in the relevant course shall be deemed to have been enrolled in a lifelong educational establishment to which the course of major department will be converted. |
Article 6 (Preparatory Acts for Enforcement of This Act)
Any preparatory act for the establishment of the National Institute for Lifelong Education under this Act may be performed before this Act enters into force.
Article 7 (Preparations for Establishment)
| (1) | The Minister of Education and Human Resources Development shall compose a preparatory committee for establishment (hereinafter referred to as the "committee") to take control over the duties of the establishment of the National Institute for Lifelong Education. |
| (2) | The committee shall be composed of not more than 5 members for establishment preparation (hereinafter referred to as "members"), including the chairperson (hereinafter referred to as the "chairperson"), and the chairperson and the members shall be commissioned by the Minister of Education and Human Resources Development. |
| (3) | The committee shall prepare the articles of association and obtain approval from the Minister of Education and Human Resources Development before this Act enters into force. |
| (4) | Upon obtaining approval under paragraph (3), the members shall immediately register its corporation with joint signatures and handover the duties to the president of the National Institute for Lifelong Education after completion of incorporation registration. When handover of the duties is completed pursuant to this provision, the members shall be deemed dismissed. |
| (5) | The president of the National Institute for Lifelong Education shall be appointed by the Minister of Education and Human Resources Development. |
Article 8 (Dispatch of Public Officials)
Where the president of the National Institute for Lifelong Education requests, the Minister of Education and Human Resources Development may dispatch its public officials thereto by December 31, 2009.
Article 9 (Succession, etc. of Rights and Obligations)
| (1) | The rights and obligations of the Korea Development Institute related to its lifelong education center under the previous provisions of Article 13 (1) and (2) at the time when this Act enters into force shall succeed as a whole to the National Institute for Lifelong Education simultaneously with its incorporation registration. |
| (2) | The rights and obligations of the Korea Development Institute related to its credit bank center under Article 11 of the Act on Recognition of Credits, Etc. and Article 19 of the Enforcement Decree thereof at the time when this Act enters into force shall succeed as a whole to the National Institute for Lifelong Education simultaneously with its incorporation registration. |
| (3) | The rights and obligations of the Korea National Open University related to its self-education degree examiner under Article 7 of the Act on the Acquisition of Academic Degrees through Self-Education and Article 4 of the Enforcement Decree thereof at the time this Act enters into force shall be succeeded as a whole by the National Institute for Lifelong Education simultaneously with its incorporation registration. |
| (4) | If any staff of the lifelong education center and credit bank center of the Korea Education Development Institute and the self-education degree examiner of the Korea National Open University under paragraphs (1), (2) and (3) at the time when this Act enters into force, desires to be appointed as staff of the National Institute for Lifelong Education, he/she shall resign from the current organization and be newly appointed at the National Institute for Lifelong Education. In such cases, the president of the National Institute for Lifelong Education shall preferentially appoint such staff within the maximum number of employees. |
Article 10 (Transitional Measures concerning Social Educational Establishment)
Any social educational establishment established under the previous Social Education Act at the time this Act enters into force shall be deemed a lifelong educational establishment established by this Act. Article 11 (Transitional Measures concerning Persons Completing Social Education Courses)
Any person who has completed any course in social education under previous Social Education Act at the time when this Act enters into force shall be deemed to have completed such course under this Act. Article 12 (Transitional Measures concerning Recognition of Educational Attainment)
Any person who is recognized as having educational attainment equal to that of a graduate of a middle school or high school after having completed courses in social education under the previous Social Education Act at the time this Act enters into force shall be deemed recognized as having such educational attainment after having completed courses in social education under this Act. Article 13 (Transitional Measures concerning Specialist in Social Education)
Any person who has acquired a specialist qualification for social education under the previous Social Education Act at the time this Act enters into force shall be deemed to have acquired a qualification as a lifelong education teacher under this Act. Article 14 (General Transitional Measures concerning Disposition, etc.)
Any act committed by or for an administrative agency under the previous provisions at the time this Act enters into force shall be deemed that by or for the administrative agency under this Act falling under such provisions.
Article 15 Omitted.
Article 16 (Relationship with Other Statutes)
Where the previous Lifelong Education Act is cited by other statutes at the time this Act enters into force and this Act has any provisions falling under the cited provisions, this Act shall be deemed cited.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9641, May 8, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 10915, Jul. 25, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11770, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Entrustment of Issuance and Re-Issuance of Certificates for Lifelong Education Teachers)
Matters concerning the issuance and re-issuance of certificates for lifelong education teachers among the amended provisions of Article 44 (2) 1 shall begin to apply to the first issuance and re-issuance after January 1, 2014.
ADDENDA <Act No. 12130, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Relationship with Other Statutes in accordance with Change of Name into the National Institute for Lifelong Education)
Where the “Institute for Lifelong Education” is cited by other statutes (including the statutes which have been promulgated before this Act enters into force but their enforcement dates have not arrived yet) as at the time this Act enters into force, the “National Institute for Lifelong Education” shall be deemed to be cited.
ADDENDUM <Act No. 12339, Jan. 28, 2014>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 45 shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 13228, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Accounting)
The amended provision of Article 31 (8) shall apply beginning with the first fiscal year of a lifelong educational establishment after this Act enters into force.
ADDENDA <Act No. 13248, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13945, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Imposition of Administrative Fines)
The amended provisions of Article 46 (1) 1-2 shall apply to cases where any ground for returning tuitions fees prescribed in the amended provisions of Article 28 (4) occurs after this Act enters into force.
ADDENDA <Act No. 14160, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 24, 24-2, and 43 shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
It shall be deemed that persons under adult guardianship or limited guardianship referred to in the amended provisions of Article 28 (2) 1 include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda of the Civil Act (Act No. 10429). Article 3 (Transitional Measures concerning Lifelong Education Facilities for persons with disabilities)
The lifelong education facilities for persons with disabilities registered with the superintendent of education under Article 34 (2) of the Act on Special Education for Persons with Disabilities, Etc. as at the time this Act enters into force shall be deemed to have been registered with the superintendent of education under the amended provisions of Article 20-2 (2). Article 4 Omitted.
ADDENDA <Act No. 15964, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Reports on In-House College-Type Lifelong Educational Establishment or Reports on Amendment Therof)
ADDENDUM <Act No. 16337, Apr. 23, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16677, Dec. 3, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 29-2 shall enter into force on the date of its promulgation.