EARLY CHILDHOOD EDUCATION ACT
Act No. 7120, Jan. 29, 2004
Amended by Act No. 7413, Mar. 24, 2005
Act No. 8676, Dec. 14, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9932, Jan. 18, 2010
Act No. 10176, Mar. 24, 2010
Act No. 10638, May 19, 2011
Act No. 10854, Jul. 14, 2011
Act No. 10913, Jul. 25, 2011
Act No. 11218, Jan. 26, 2012
Act No. 11382, Mar. 21, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11769, May 22, 2013
Act No. 12336, Jan. 28, 2014
Act No. 13119, Feb. 3, 2015
Act No. 13226, Mar. 27, 2015
Act No. 13574, Dec. 22, 2015
Act No. 14155, May 29, 2016
Act No. 14567, Feb. 8, 2017
Act No. 14602, Mar. 21, 2017
Act No. 15232, Dec. 19, 2017
CHAPTER I GENERAL PROVISIONS
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012>
| 1. | The term "young children" means those from three years of age up to those right before their first enrollment at an elementary school; |
| 2. | The term "kindergarten" means a school that is founded and operated for the education of young children pursuant to this Act; |
| 3. | The term "protectors" means persons with parental rights for, legal guardians for, or other virtual protectors of, a young child; |
| 4. | and 5. Deleted; <by Act No. 11382, Mar. 21, 2012> |
| 6. | The term "after school programs" means extracurricular and child care activities conducted after the regular curriculum under Article 13 (1). |
| Article 3 (Responsibilities) |
The State and local governments shall share with protectors of young children the responsibility of educating the young children in a sound or healthy manner.
| Article 3-2 (Master Plan for Development of Early Childhood Education) |
| (1) | The Minister of Education shall set the goals of and directions for medium- and long-term policies for the early childhood education and formulate and implement a master plan for development of early childhood education (hereinafter referred to as “master plan”). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Education shall formulate a master plan every five years, after undergoing deliberation by the Central Early Childhood Education Committee under Article 5 (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters concerning the details, etc. of a master plan shall be prescribed by Presidential Decree. |
| (4) | The Minister of Education shall, in order to develop a master plan, conduct a comprehensive fact-finding survey on early childhood education every five years and publicly announce the results thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13574, Dec. 22, 2015> |
| (5) | The Minister of Education may request the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions under the Act on the Management of Public Institutions, or other related corporations or organizations to submit necessary data or present their opinions. In this case, the person so requested shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted by Act No. 13574, Dec. 22, 2015> |
| (6) | Necessary matters concerning the methods, etc. of conducting fact-finding surveys referred to in paragraph (4) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13574, Dec. 22, 2015> |
| (7) | The superintendent of education (hereinafter referred to as the “superintendent of education”) of each Special Metropolitan City, Metropolitan City, Metropolitan Autonomous City, Do, and Special Self-Governing Province (hereinafter referred to as “City/ Do”) shall formulate and implement an annual implementation plan according to a master plan. <Amended by Act No. 13574, Dec. 22, 2015> |
| (8) | The Minister of Education shall have the actual performance of the previous year's master plan, established under paragraph (1), deliberated by the Central Early Childhood Education Committee under Article 5 (1); and the superintendent of education of a City/Do shall have the implementation plan for the next year under paragraph (7) and the actual performance of the previous year's implementation plan annually deliberated by the City/Do Early Childhood Education Committee. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13574, Dec. 22, 2015> |
[This Article Newly Inserted by Act No. 11218, Jan. 26, 2012]
| Article 4 (Early Childhood Education and Nursery Committee) |
| (1) | The Early Childhood Education and Nursery Committee shall be established under the Prime Minister to deliberate on the following matters relating to early childhood education, and infant care under Article 2 of the Infant Care Act: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 10789, Jun. 7, 2011; Act No. 12336, Jan. 28, 2014> |
| 1. | A basic plan for early childhood education and infant care; |
| 2. | Operation of kindergartens and child-care centers on a linked basis; |
| 3. | Matters requiring cooperation among related government agencies concerning early childhood education and infant care; |
| 4. | Other matters referred to the Early Childhood Education and Nursery Committee by the chairperson. |
| (2) | The Committee referred to in paragraph (1) shall be composed of eleven members including its chairperson, and the office of the chairperson shall be assumed by the Minister of the Office for Government Policy Coordination and the members thereof shall consist of the following persons: <Amended by Act No. 7413, Mar. 24, 2005; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. | The Vice Minister of Strategy and Finance, the Vice Minister of Education, the Vice Minister of Health and Welfare, and the Vice Minister of Gender Equality and Family; |
| 2. | Two persons representing early childhood education, nursery and women's organizations, respectively, who are commissioned by the chairperson on the recommendation of the members provided for in subparagraph 1. |
| (3) | Matters necessary for the organization and operation of the Committee referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010> |
| Article 5 (Early Childhood Education Committee) |
| (1) | There shall be established a Central Early Childhood Education Committee under the jurisdiction of the Ministry of Education, and a City/Do Early Childhood Education Committee under the jurisdiction of the Office of Education of each City/Do, to deliberate on matters concerning policies for early childhood education, and the planning, investigation, etc. of the projects therefor. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11218, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | The Central Early Childhood Education Committee and City/Do Early Childhood Education Committees, respectively, shall be comprised of professionals in early childhood education, representatives of kindergartens, representatives of kindergarten teachers (including master teachers), representatives of the parents of kindergarten children, related public officials, etc. <Amended by Act No. 10176, Mar. 24, 2010; Act. No. 10913, Jul. 25, 2011> |
| (3) | Matters necessary for the organization, operation, etc. of the Central Early Childhood Education Committee and City/Do Early Childhood Education Committees shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010> |
| Article 6 (Early Childhood Education and Development Institutes) |
| (1) | The State and local governments may establish an early childhood education development institute which takes charge of research, provision of information, and the development of programs and teaching materials concerning early childhood education, the training and assessment of kindergarten teachers, the provision of activity-based learning programs for young children and so forth, or may entrust the said business affairs to education-related research institutes, etc. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012> |
| (2) | Matters necessary for the establishment, operation, entrustment, etc. of an early childhood education and development institute referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010> |
| Article 6-2 (Statistical Survey on Education, etc.) |
| (1) | The Minister of Education shall conduct a statistical survey on education every year in order to collect basic data on the young children in kindergarten, teachers, staff, kindergartens, educational administrative agencies, etc. necessary for proceeding with effective educational policies and researching early childhood education, and shall make its results public. |
| (2) | The Minister of Education may request the head of a central administrative agency and the superintendent of education to submit data on kindergartens, educational administrative agencies, etc. for the statistical survey on education under paragraph (1) (hereinafter referred to as “statistical survey on education”). In such cases, the head of the central administrative agency or the superintendent of education so requested shall comply therewith unless any special cause exists. |
| (3) | The superintendent of education may request the competent kindergarten, the head of an educational administrative agency, etc. to provide data for the submission of data under paragraph (1). In such cases, the competent kindergarten, the head of the educational administrative agency, etc. so requested shall comply therewith, unless any special cause exists; the superintendent of education shall make efforts to minimize the burden of the competent kindergarten, the head of the educational administrative agency, etc. |
| (4) | The Minister of Education may request heads of the relevant agencies, such as the head of a central administrative agency, the superintendent of education, the public institutions under the Act on the Management of Public Institutions with the possession of the relevant data to share such data to enhance the accuracy of the statistical survey on education and lessen research burden. In such cases, the head of the agency so requested shall comply therewith, unless any special cause exists. |
| (5) | The Minister of Education may collect the personal information including resident registration numbers of persons falling under any of the following subparagraphs at the time of performing a statistical survey on education; may provide, or be provided with, such information to the institutions requested to share them under paragraph (4) for the purpose of a statistical survey, analysis, verification, etc.: |
| 1. | Teachers and staff of the kindergartens and educational administrative agencies subject to survey; |
| 2. | Young children attending the kindergartens subject to survey and their graduates. |
| (7) | The Minister of Education may produce the education related index, prediction statistics, etc. by using the data collected from the statistical survey on education for the effective formulation, enforcement and evaluation of policies on early childhood education. |
| (8) | The Minister of Education may designate a national education statistics center to entrust the same with duties relating to a statistical survey on education, etc., as prescribed by Presidential Decree. In such cases, the Minister of Education may grant a subsidy to help the center cover the expenses necessary for the designation and entrustment of duties. |
| (9) | Except for those provided for in paragraphs (1) through (8), matters regarding the subject of a statistical survey on education, its procedures, disclosure of its results, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14602, Mar. 21, 2017]
CHAPTER II ESTABLISHMENT, ETC. OF KINDERGARTENS
| Article 7 (Classification of Kindergartens) |
Kindergartens shall be classified as follows: <Amended by Act No. 10176, Mar. 24, 2010>
| 1. | National kindergartens: Kindergartens established and operated by the State; |
| 2. | Public kindergartens: Kindergartens established and operated by local governments (divided into city kindergartens and Do kindergartens according to the founding entities); |
| 3. | Private kindergartens: Kindergartens established and operated by juristic persons or private individuals. |
| Article 8 (Establishment, etc. of Kindergartens) |
| (1) | Any person who intends to establish a kindergarten shall meet the relevant standards as prescribed by Presidential Decree concerning facilities, equipment, etc. <Amended by Act No. 10176, Mar. 24, 2010> |
| (2) | Any person who intends to establish a private kindergarten shall obtain authorization from the superintendent of education. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11218, Jan. 26, 2012> |
| (3) | Where an application for authorization is filed under paragraph (2), the superintendent of education shall authorize the establishment of the kindergarten excluding any of the following cases: <Newly Inserted by Act No. 11382, Mar. 21, 2012; Act No. 15232, Dec. 19, 2017; Act No. 16875, Jan. 29, 2020> |
| 1. | Where it fails to meet the standards for the establishment of facilities, equipment, etc. under paragraph 1; |
| 2. | Where it is not appropriate for a placement plan for young children which is formulated by the superintendent of education, as prescribed by Presidential Decree; |
| 3. | Where the application is filed by a kindergarten founder and operator in whose case three years have not passed since he or she was issued an order to suspend operating his or her kindergarten under Article 32 (1) or (3); |
| 4. | Where it fails to meet other restrictions provided for in this Act or other statutes. |
| (4) | If any person who has established and operated a private kindergarten intends to close the kindergarten or to modify any important matters prescribed by Presidential Decree, he/she shall obtain authorization from the superintendent of education. <Amended by Act No. 10176 Mar. 24, 2010; Act No. 11382, Mar. 21, 2012> |
| Article 8-2 (Grounds for Disqualification) |
None of the following persons shall establish or operate a kindergarten:
| 1. | A minor, a person under adult guardianship or a person under limited guardianship; |
| 4. | A person declared bankrupt and not yet reinstated; |
| 5. | A person in whose case five years (or 20 years if the person committed any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act) have not passed since his or her imprisonment without labor or greater punishment declared by a court was completely executed (including a case in which such punishment is deemed to have completely executed) or exempted; |
| 6. | A person who is under suspension of the execution his or her imprisonment without labor or greater punishment declared by a court: Provided, That, if a person is sentenced to suspended execution of his or her imprisonment without labor or greater punishment for any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, such person means anyone in whose case 20 years have not passed since the suspended execution became final; |
| 7. | A person in whose case five years have not passed since the person was issued an order to close his or her kindergarten under Article 32; |
| 8. | A person in whose case two years have not passed since a fine of not less than three million won was imposed under Article 34, or 10 years have not passed since a fine was imposed for any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act; |
| 9. | A person who fails to comply with an order to receive training issued under Article 8-3. |
[This Article Newly Inserted by Act No. 16875, Jan. 29, 2020]
| Article 8-3 (Order to Receive Training) |
| (1) | If a person, in whose case a punishment or medical treatment and custody sentenced by a court for any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act became final, does not no longer fall under the ground for qualification provided in subparagraphs 5 through 8 of Article 8-2 and intends to establish and operate a kindergarten, the Minister of Education shall order the person to receive child abuse prevention training beforehand. In such cases, expenses incurred in providing training shall be borne by the persons who receive such training. |
| (2) | Procedures for issuing orders to receive training under paragraph (1), training institutions, training methods and content, and other necessary matters shall be prescribed by Ordinance of the Ministry of Education. |
[This Article Newly Inserted by Act No. 16875, Jan. 29, 2020]
| Article 9 (Establishment of Attached Kindergartens) |
| Article 9-2 (Obligation to Establish Kindergartens) |
| (1) | For areas falling under any of the following, the superintendent of education shall establish kindergartens as annexes to elementary schools defined in Article 2 of the Elementary and Secondary Education Act, or separately, taking into consideration a placement plan for young children referred to in Article 8 (3) 2: <Amended by Act No. 15232, Dec. 19, 2017> |
| 5. | Housing complexes, other than the public housing zones under subparagraph 4, with rental housing for low-income people at a rate equal to or exceeding the rate determined by Presidential Decree. |
| (2) | Where it is necessary to increase the number of classes of a kindergarten established as an annex under Article 9, the superintendent of education shall actively take necessary actions. |
[This Article Newly Inserted by Act No. 13574, Dec. 22, 2015]
| Article 10 (Kindergarten Regulations) |
| (1) | The head of a kindergarten (in cases of establishing a kindergarten, referring to a person who intends to establish the kindergarten: hereinafter referred to as the “head”) may formulate or amend the kindergarten regulations within the scope of the statutes. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013; Act No. 14155, May 29, 2016> |
| (2) | Such matters as the details to be included in kindergarten regulations, the formulation procedures, etc. shall be prescribed by Presidential Decree. |
| Article 11 (Entering Kindergarten) |
| (1) | A person who is eligible to enter a kindergarten shall be limited to a young child. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 14155, May 29, 2016> |
| (2) | The head shall recruit and select young children for a kindergarten in a fair and transparent manner under the kindergarten regulations, within the scope required to achieve the purposes of education: Provided, That where such recruitment, time of selection, etc. are differently determined by a municipal ordinance under paragraph (3), he/she shall comply therewith. <Newly Inserted by Act No. 14155, May 29, 2016> |
| (3) | Local governments (limited to Sis/Dos) may, if necessary, draw up a municipal ordinance concerning the time of recruitment and selection of young children, procedures, methods, etc. thereof young children, in order to guarantee an equal opportunity for early childhood education. <Newly Inserted by Act No. 14155, May 29, 2016> |
| Article 12 (School Year, etc.) |
| (1) | The school year of kindergartens shall be from March 1 until the end of February of the next year. |
| (2) | Kindergartens may introduce after school programs according to a request from protectors and the region's circumstances. <Amended by Act No. 11382, Mar. 21, 2012> |
| (3) | The semesters, number of school days, organization of school classes, school holidays, and organization and operation of classes of kindergartens, and other necessary matters shall be determined by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010> |
| Article 13 (Curriculum, etc.) |
| (1) | Every kindergarten shall offer a curriculum and may operate after school programs following the regular curriculum. <Amended by Act No. 11382, Mar. 21, 2012> |
| (2) | The Minister of Education shall determine basic matters on the standards and details of the curriculum and after school programs referred to in paragraph (1), and the superintendent of education may determine the standards and details of the curriculum and after school programs according to the region's circumstances within the scope of such curriculum and after school programs, as determined by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Education may develop and distribute programs and teaching materials for operating the curriculum and after school programs of kindergartens. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013> |
| Article 14 (School Records) |
Each head of a kindergarten shall prepare and manage school records in accordance with standards determined by the Minister of Education, which can be put to practical use for the guidance of young children's life and the further guidance of such children at elementary schools, by comprehensively observing and evaluating the development, etc. of young children. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013>
| Article 15 (Special Schools, etc.) |
| (1) | The purpose of special schools is to provide education equivalent to kindergartens and academic, technological, and social skills education necessary for actual life for young children who need special education due to a physical, mental, or intellectual disability. <Amended by Act No. 10176, Mar. 24, 2010> |
| (2) | Where any young child who needs special education intends to receive education at a kindergarten, the State and local governments shall establish a policy necessary for offering education in collaboration with such a kindergarten, such as establishing separate admission procedures and curriculum. <Amended by Act No. 10176, Mar. 24, 2010> |
| Article 16 (Kindergartens for Foreigners) |
| (1) | The term "foreigners' kindergarten" means any kindergarten established for the education of the young children of foreigners residing in Korea, and Article 11 (1), the proviso to (2) and (3), Articles 12 through 14, 17, 18 (2), 19, 19-2 through 19-8, 22, 24 through 26, and 27 shall not apply to such kindergarten. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 14155, May 29, 2016> |
| (2) | The establishment criteria, education courses, school term, recognition of scholastic attainments of foreigners' kindergartens, and other matters necessary for the establishment and operation thereof shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010> |
| Article 17 (Medical Check-Ups and Provision of Meals) |
| (1) | The head of a kindergarten shall conduct medical check-ups for young children enrolled in such kindergarten and take necessary measures for those found to require medical treatment upon such check-ups after consultation with their protectors. <Amended by Act No. 10176, Mar. 24, 2010> |
| (2) | The head of a kindergarten may provide meals suitable for young children enrolled in such kindergarten. <Amended by Act No. 10176, Mar. 24, 2010> |
| (3) | Such matters as the timing of conducting medical check-ups provided for in paragraph (1), the handling of the results thereof, and the standards for feeding facilities and equipment provided for in paragraph (2) shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013> |
| Article 17-2 (Limitation on Provision of Data on Young Children) |
| (1) | Each head of a kindergarten shall not provide young children’s school records referred to in Article 14 and data related to medical check-ups referred to in Article 17 to a third party without the consent of a protector of a relevant young child: Provided, That this shall not apply in any of the following cases: |
| 1. | Where they are needed for an administrative agency responsible for supervision or inspection of kindergartens to conduct its affairs; |
| 2. | Where they are provided for compiling statistics, conducting academic research, etc. in a manner that does not identify any specific individual; |
| 3. | Where they are needed for investigating a crime, and instituting and maintaining a public prosecution; |
| 4. | Where they are needed for a court to conduct the judicial affairs; |
| 5. | Where they are provided pursuant to the relevant Acts. |
| (2) | Where the head of a kindergarten provides a third party with relevant data under the proviso to paragraph (1), he/she may place restriction on the purpose and method of use of the data, or any other related matters, or request the third party to take necessary measures to ensure security of such data. |
| (3) | No person who has been provided with data under paragraph (1) shall use them for purposes other than the intended purposes. |
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
| Article 17-3 (Emergency Measures) |
Where a young child under the care of the head of a kindergarten is in a critical condition due to a disease, accident, disaster, etc., the head of the kindergarten (including a person who shall act on his/her behalf pursuant to Article 21 (2)) shall immediately transfer the relevant young child to an emergency medical institution referred to in Article 2 of the Emergency Medical Service Act. [This Article is Newly Inserted by Act No. 11769, May 22, 2013]
| Article 18 (Guidance and Supervision) |
| (1) | National kindergartens shall be guided and supervised by the Minister of Education, and public and private kindergartens shall be guided and supervised by the superintendent of education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) | The superintendent of education may give kindergartens guidance in the operation of a curriculum in order to enrich the substance of early childhood education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11218, Jan. 26, 2012> |
| (1) | The superintendent of education may perform evaluation on the actual status of the operation of kindergartens, if necessary to efficiently conduct early childhood education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11218, Jan. 26, 2012> |
| (2) | The Minister of Education may, if necessary, perform overall evaluation on early childhood education conducted by the Office of Education of each City/Do. <Amended by Act No. 11218, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) | Upon the performance of an evaluation under paragraphs (1) and (2), the Minister of Education and the superintendent of education shall make public the evaluation results. <Newly Inserted by Act No. 16875, Jan. 29, 2020> |
| (4) | Such matters as for the objects of, standards and procedures for, evaluation provided for in paragraphs (1) and (2), the disclosure of the evaluation results, etc. under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11218, Jan. 26, 2012; Act No. 16875, Jan. 29, 2020> |
| Article 19-2 (Building and Operating Early Childhood Education Information System) |
| (1) | The Minister of Education and the superintendent of education shall build and operate an early childhood education information system to handle the affairs (including accounting control) of kindergartens and education administrative agencies by electronic means (hereinafter referred to as “information system”). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16875, Jan. 29, 2020> |
| (2) | The Minister of Education and the superintendent of education may establish and operate an information system operation center for the operation of and support for the information system or may, if deemed necessary for the efficient operation of the information system, entrust the duties of operation of and support for the information system to a corporation or institution which provides support for informatization of education. In such cases, the Minister of Education and the superintendent of education may, within budgetary limits, provide subsidies and contributions for the efficient performance of such duties entrusted. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The building and operation of the information system provided for in paragraph (1), methods for access thereto, and matters necessary for the establishment, operation, etc. of the information system operation center shall be determined by Ordinance of the Ministry of Education. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Kindergartens shall use an information system for their accounting controls. <Newly Inserted by Act No. 16875, Jan. 29, 2020> |
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
| Article 19-3 (Establishment of Kindergarten Operation Committees) |
| (1) | A kindergarten shall establish a kindergarten operation committee in order to enhance autonomy of the operation of a kindergarten and provide various, creative education programs suitable for a region’s circumstances and characteristics: Provided, That a kindergarten that is less than the size prescribed by Presidential Decree need not establish kindergarten operation committees. <Amended by Act No. 16875, Jan. 29, 2020> |
| (2) | A kindergarten operation committee established under a kindergarten shall consist of the representatives from teachers and parents of the kindergarten. |
| (3) | The number of members of a kindergarten operation committee established under a kindergarten shall be determined by Presidential Decree, ranging from five to eleven members, in consideration of the size, etc. of the kindergarten. |
| (4) | Where a kindergarten is established as an annex under Article 9, if necessary, it may operate its kindergarten operation committee integrated into the operation committee of the school to which it has been established as an annex. In such cases, the school operation committee shall include at least one representative from the teachers and one from the parents of the kindergarten. |
| (5) | Kindergarten operation committees established under paragraph (1) shall prepare minutes and make public such minutes, as prescribed by Presidential Decree. <Newly Inserted by Act No. 16875, Jan. 29, 2020> |
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
| Article 19-4 (Duties of Kindergarten Operation Committees) |
| (1) | A kindergarten operation committee established under a national or public kindergarten shall deliberate on the following: <Amended by Act No. 16875, Jan. 29, 2020> |
| 1. | Matters regarding amendments to kindergarten regulations; |
| 2. | Matters regarding budgeting and settlement of accounts of a kindergarten; |
| 3. | Matters regarding the operation of kindergarten curricula; |
| 3-2. | Matters regarding the prevention of child abuse; |
| 4. | Matters regarding expenses borne by parents; |
| 5. | Matters regarding the provision of meals in a kindergarten; |
| 6. | Matters regarding the operation of after school programs; |
| 7. | Matters regarding suggestion and recommendation for the operation of a kindergarten; |
| 10. | Other matters prescribed by municipal ordinance of a City/Do. |
| (2) | The head of a private kindergarten shall consult with its kindergarten operation committee on the matters referred to in paragraph (1) (excluding subparagraphs 8 and 9). |
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
| Article 19-5 (Organization and Operation of Kindergarten Operation Committees) |
| (1) | From among kindergarten operation committees established under Article 19-3, matters necessary for the organization and operation of the committees established under national kindergartens and public kindergartens shall be prescribed by Presidential Decree and ordinance of a City/Do, respectively. |
| (2) | Matters necessary for the organization of a kindergarten operation committee established under a private kindergarten shall be prescribed by Presidential Decree, and other matters necessary for its operation shall be prescribed by its articles of incorporation or kindergarten regulations. |
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
| Article 19-6 (Training, etc. of Members of Kindergarten Operation Committees) |
| (1) | The superintendent of education may provide training of members in order to improve their quality and job skills. |
| (2) | The superintendent of education may entrust training under paragraph (1) to a training institution or private organization. |
| (3) | The superintendent of education may provide administrative or financial support to the institutions entrusted with such training under paragraph (2). |
| (4) | Matters regarding training of members, other than those provided for in paragraphs 1 through 3, shall be prescribed by Presidential Decree. |
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
| Article 19-7 (Establishment of Accounts of Kindergartens) |
| (1) | There shall be established accounts of kindergartens in national or public kindergartens. |
| (2) | The following incomes shall be credited to the accounts of kindergartens as annual revenues: |
| 1. | Money transferred from a general account of the State or from an educational special account of a local government; |
| 2. | Educational expenses, such as tuition fees, and other payments as provided for in Article 25 and other payment; |
| 3. | Subsidies and support funds from the State or local governments; |
| 4. | Usage fees and handling charges; |
| 6. | Proceeds from the sale of articles; |
| (3) | All expenses incurred in the operation of kindergartens, and the installation, etc. of facilities thereof shall be recorded in the accounts of kindergartens as annual expenditures. |
| (4) | A reasonable amount of money may be appropriated as a reserve fund in the accounts of a kindergarten for its annual expenditure budget in order to cover unexpected expenses, not within the budget, or expenses in excess of the budget. |
| (5) | In cases of kindergartens attached under Article 9, the accounts of a kindergarten may be operated, combining the accounts of a school that places the relevant kindergarten attached to it. |
| (6) | As to national kindergartens and public kindergartens, matters necessary for the establishment of the accounts of kindergartens shall be determined by Ordinance of the Ministry of Education and by educational regulations of a City/Do, respectively. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
| Article 19-8 (Operation of Accounts of Kindergartens) |
| (1) | The fiscal year of the accounts of kindergartens shall begin on the first day of March every year and end on the last day of February the next year. |
| (2) | The head of a kindergarten shall prepare a draft revenue and expenditure budget for the accounts of the kindergarten every fiscal year and submit it to the kindergarten operation committee established in the kindergarten under Article 19-3 thirty days before the commencement of each fiscal year. |
| (3) | The kindergarten operation committee shall deliberate on the draft revenue and expenditure budget for the accounts of the kindergarten five days before the commencement of each fiscal year. |
| (4) | The head of a kindergarten may execute the following expenses in accordance with the budget of the previous year, in cases where no draft budget provided for in paragraph (3) is determined complete until the new fiscal year commences. In such cases, the expenses that have been executed in accordance with the budget of the previous year is, if the budget of the relevant year is determined complete, deemed to have been executed by the budget so determined: |
| 2. | Educational expenses directly used for education; |
| 3. | Maintenance expenses for kindergarten facilities; |
| 4. | Expenses for payment obligations in accordance with statutes; |
| 5. | Expenses already finalized in the budget. |
| (5) | The head of a kindergarten shall prepare a settlement of accounts every fiscal year and submit it to the kindergarten operation committee established in the kindergarten within two months after the closing of the fiscal year. |
| (6) | As to national kindergartens and public kindergartens, matters necessary for the operation of the accounts of kindergartens shall be determined by Ordinance of the Ministry of Education and by educational regulations of a City/Do, respectively. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
CHAPTER III KINDERGARTEN PERSONNEL
| Article 20 (Classification of Kindergarten Personnel) |
| (1) | A kindergarten shall have a head, a deputy head, master teachers and teachers as teaching staff, but kindergartens, the size of which is smaller than that determined by Presidential Decree, may choose not to have a deputy head. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 10913, Jul. 25, 2011> |
| (2) | In addition to teaching staff, a kindergarten may have a commissioned doctor, a dietitian, a nurse or an assistant nurse, administrative personnel, etc. |
| (3) | Such matters as the maximum number of teaching staff and other personnel to be placed at kindergartens (hereinafter referred to as "kindergarten personnel") and standards for the placement thereof shall be determined by Presidential Decree. |
| Article 21 (Duties of Kindergarten Personnel) |
| (1) | The head of a kindergarten shall take overall control of the kindergarten affairs, guide and supervise its personnel, and educate young children enrolled in his/her kindergarten. <Amended by Act No. 10176, Mar. 24, 2010> |
| (2) | The deputy head of a kindergarten shall assist the head of the kindergarten in managing the kindergarten affairs, educate young children enrolled in his/her kindergarten, and act on behalf of the head of the kindergarten where he/she is unable to perform his/her duties due to a compelling reason: Provided, That where a kindergarten has no deputy head, any teacher designated in advance by the head of such kindergarten (including a master teacher) shall act on behalf of the head of the kindergarten. <Amended by Act No. 10176, Mar. 24, 2010; Act. No. 10913, Jul. 25, 2011> |
| (3) | Master teachers shall support teachers' teaching and research activities and educate young children. <Newly Inserted by Act. No. 10913, Jul. 25, 2011> |
| (4) | Teachers shall educate young children enrolled in their kindergarten, as prescribed by statutes. <Amended by Act No. 10176, Mar. 24, 2010; Act. No. 10913, Jul. 25, 2011> |
| (5) | Other personnel such as administrative personnel shall take charge of administrative affairs and other affairs as prescribed by statutes. <Amended by Act. No. 10913, Jul. 25, 2011; Act. No. 11218, Jan. 26, 2012> |
| Article 21-2 (Guarantee of Human Rights for Young Children) |
| (1) | A founder, operator and head of a kindergarten shall guarantee the human rights of young children specified in the constitution and international human rights treaties. |
| (2) | Teachers and other staff members shall not inflict pain on the body of young children by using tools, body parts, etc. and shall not inflict emotional distress on young children using loud voices or violent languages when educating young children or performing their duties under Article 21. <Amended by Act No. 16875, Jan. 29, 2020> |
[This Article Newly Inserted by Act No. 14155, May 29, 2016]
| Article 22 (Qualifications for Teaching Staff) |
| (1) | The head and deputy head of a kindergarten shall meet the qualification standards referred to in attached Table 1 and obtain a certificate of qualification examined and granted by the Minister of Education as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) | Teachers shall be classified into regular teachers (Grades I and II) and assistant teachers, both of whom shall meet the qualification standards referred to in attached Table 2 and obtain a certificate of qualification examined and awarded by the Minister of Education as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013> |
| (3) | A master teacher shall obtain a certificate of qualification examined and awarded based on the results of the training that are determined by the Minister of Education, as prescribed by Presidential Decree, from among persons with a certificate of qualification referred to in paragraph (2), who have at least 15 years of experience in education (including a career as an educational expert official provided for in subparagraphs 2 and 3 of Article 2 (1) of the Public Educational Officials Act) and have talents and excellence in teaching and research. <Newly Inserted by Act. No. 10913, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013> |
| (4) | and (5) Deleted. <by Act No. 10176, Mar. 24, 2010> |
| Article 23 (Instructors, etc.) |
| (1) | A kindergarten may have instructors, temporary teachers, honorary teachers, etc. in addition to teaching staff referred to in Article 20 (1) where necessary for the operation of curricula, to take charge of or assist in early child education. In such cases, Articles 10-3 (1) and 10-4 of the Educational Officials Act shall apply mutatis mutandis to national and public kindergartens, whereas Article 54-3 (4) and (5) of the Private School Act shall apply mutatis mutandis to private kindergartens. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 10638, May 19, 2011; Act No. 11218, Jan. 26, 2012> |
| (2) | Matters regarding the classification, qualification standards, appointment, etc. of instructors, etc. to be placed at kindergartens pursuant to paragraph (1) shall be determined by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010> |
| Article 24 (Free-of-Charge Education) |
| (1) | Early childhood education for three years immediately before enrollment to an elementary school shall be provided free of charge; and the details and scope of free-of-charge education shall be prescribed by Presidential Decree. <Amended by Act No. 11382, Mar. 21, 2012> |
| (2) | The expenses incurred in early childhood education that is provided free of charge pursuant to paragraph (1) shall be borne by the State and local governments, but such support shall, in principle, be given to the protectors of young children. <Amended by Act No. 10176, Mar. 24, 2010> |
| (3) | The Minister of Education shall, in consultation with the heads of the related administrative agencies, publicly notify the expenses borne by the State and local governments under paragraph (2) within budgetary limits, on the basis of the standard expenses of early childhood education referred to in paragraph (4). <Newly Inserted by Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Education shall determine the standard expenses of early childhood education after deliberation by the Central Early Childhood Education Committee provided for in Article 5 (1). <Newly Inserted by Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013> |
| (5) | Matters regarding the methods of support referred to in paragraph (2), public notice of expenses referred to in paragraph (3), calculation of the expenses of early childhood education referred to in paragraph (4), etc. shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013> |
| Article 25 (Kindergarten Tuition) |
| (1) | A founder or operator of a kindergarten may receive payment of educational expenses such as tuition fees, and other payments (hereinafter referred to as "kindergarten tuition"), as prescribed by Ordinance of the Ministry of Education. In such cases, kindergarten tuition may be determined according to the following standards: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13226, Mar. 27, 2015> |
| 1. | The type of use of a kindergarten provided for in Article 12 (2); |
| 3. | Whether the area in which the kindergarten is located falls under a socially vulnerable area, such as an area crowded with low-income groups, or an agricultural or fishing area. |
| (2) | The standards for determining socially vulnerable areas under paragraph (1) 3 shall be prescribed by Presidential Decree. <Amended by Act No. 13226, Mar. 27, 2015> |
| (3) | No kindergarten shall set the rate of increase in kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years. <Newly Inserted by Act No. 13226, Mar. 27, 2015> |
| (4) | Notwithstanding paragraph (3), a national kindergarten that fulfills the standards established by the Minister of Education in consideration of the following matters may receive kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years, after deliberation by the Central Early Childhood Education Committee referred to in Article 5 (1), and a public or private kindergarten that fulfills the standards established by the superintendent of education may receive kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years after deliberation by City/Do Early Childhood Education Committees referred to in the aforesaid paragraph, respectively: <Newly Inserted by Act No. 13226, Mar. 27, 2015> |
| 1. | Expenses borne by the State and local governments pursuant to Article 24 (2); |
| 2. | Standard expenses of early childhood education referred to in Article 24 (4). |
| (5) | Other matters regarding the methods, etc. of calculation and collection of kindergarten tuition shall be prescribed by Ordinance of the Ministry of Education. <Newly Inserted by Act No. 13226, Mar. 27, 2015> |
| Article 26 (Burden, etc. of Expenses) |
| (1) | and (2) Deleted. <by Act No. 11382, Mar. 21, 2012> |
| (3) | The State and local governments shall provide a subsidy to help cover the expenses incurred in the establishment and operation of private kindergartens, including personnel expenses, etc., as prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010> |
| Articles 26-2 through 26-5 Deleted. <by Act No. 11382, Mar. 21, 2013> |
| Article 27 (Assistance to Operation of After School Programs, etc.) |
The State and local governments may grant subsidies for the expenses incurred in operating kindergartens which operate after school programs or kindergartens which are operated in excess of the number of school days determined by Presidential Decree pursuant to Article 12 (3), as prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012>
| Article 28 (Return of Subsidies) |
| (1) | The State and a local government may order the full or partial return of a subsidy or grant already paid in any of the following cases: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 13226, Mar. 27, 2015; Act No. 16875, Jan. 29, 2020> |
| 1. | Where the subsidy or grant is used for any purpose other than the original purposes of the kindergarten; |
| 2. | Where the subsidy or grant is paid by fraud or other unlawful means; |
| 3. | Where he/she hires a person, who fails to meet the qualification standards for teachers referred to in Article 22, as a teacher; |
| 4. | Where the rate of increase in kindergarten tuition exceeds the average rate of increase in the consumer price for the immediately preceding three years. |
| (2) | Where the protector of a young child has received expenses under Article 24 (2) by fraud or other unlawful means, the State and a local government may order him/her to fully or partially return such expenses. <Newly Inserted by Act No. 11382, Mar. 21, 2012> |
| (3) | When recovering subsidies, etc. pursuant to paragraphs (1) and (2), if the person who is required to return subsidies, etc. fails to do so within the deadline, the State or a local government shall collect them in the same manner as delinquent national or local taxes are collected. <Newly Inserted by Act No. 11382, Mar. 21, 2012> |
CHAPTER V SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS
| Article 28-2 (Prohibition of Use of Name of Kindergarten) |
The name “kindergarten” or any name similar thereto shall not be used, except for a kindergarten under this Act.
[This Article Newly Inserted by Act No. 11382, Mar. 21, 2012]
| Article 29 (Delegation and Entrustment of Authority, etc.) |
| (1) | The Minister of Education may delegate part of the authority vested in him/her by this Act to the superintendent of education, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Education and the superintendent of education may entrust part of their duties under this Act to the Minister of Health and Welfare or the heads of local governments, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10176, Mar. 24, 2010]
| Article 30 (Orders to Make Corrections or Modifications) |
| (1) | Where a kindergarten has violated any education-related statute, Articles 53, 53-2, and 53-3 of the Road Traffic Act, or any order issued thereunder, or the kindergarten regulations, with respect to its facilities and equipment, the implementation of curriculums, the rate of increase in kindergarten tuition and other matters, the guiding and supervisory agencies for kindergartens (in cases of a national kindergarten, referring to the Minister of Education; in cases of a public and private kindergarten, referring to the superintendent of education; hereinafter referred to as the “competent agency”) may order the head, founder, or operator of the kindergarten to make corrections or modifications thereto within a fixed period. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 13119, Feb. 3, 2015; Act No. 13226, Mar. 27, 2015; Act No. 14155, May 29, 2016> |
| (2) | Where any person who has been issued with an order to make corrections or modifications under paragraph (1) fails to comply with such order within the designated period without good cause, the competent agency may take measures against the relevant kindergarten, such as reducing the maximum number of the kindergarten children, reducing classes or suspending the enrollment of young children, differentiated financial support for the relevant kindergarten or excluding the kindergarten from financial support, as prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 13226, Mar. 27, 2015; Act No. 16875, Jan. 29, 2020> |
| Article 30-2 (Publication of Violations) |
| (1) | Upon the taking of any of the measures provided in Article 28 (1), Article 30 and Article 32, the competent agency shall make public on its website the relevant violation, details of the measure, the name of the violating kindergarten, and other matters prescribed by Presidential Decree as necessary for being distinguished from other kindergartens: Provided, That upon the taking of the measure provided in Article 28 (1), the competent agency shall publish the relevant violation only if the amount exceeds the amount prescribed by Ordinance of the Ministry of Education. |
| (2) | Before making publication under paragraph (1), the competent agency shall provide the person whose violation is to be published an opportunity to submit explanatory materials or to appear and state his or her opinion by notify the person of such publication. |
| (3) | Procedures and methods of publication under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16875, Jan. 29, 2020]
| Article 31 (Orders for Business Suspension and Temporary Closure) |
| (1) | Where the competent agency deems that it is impracticable for a kindergarten to offer normal education due to urgent causes such as disasters, it may order the head of the kindergarten to suspend his/her business. |
| (2) | The head of the kindergarten who has been issued with an order under paragraph (1) shall suspend his/her business without delay. <Amended by Act No. 10176, Mar. 24, 2010> |
| (3) | Where the head of the kindergarten fails to suspend business despite the order issued under paragraph (1), or there are particularly urgent causes, the competent agency may issue a disposition of temporarily closing the kindergarten. <Amended by Act No. 10176, Mar. 24, 2010> |
| (4) | For a kindergarten whose business is suspended pursuant to paragraphs (1) and (2), the attendance and education of young children enrolled in the kindergarten shall be suspended during the period of business suspension, and for a kindergarten temporarily closed pursuant to paragraph (3), all functions of the kindergarten except for simple administrative affairs shall be suspended during the period of kindergarten closure. <Amended by Act No. 10176, Mar. 24, 2010> |
| Article 32 (Closedown, etc. of Kindergartens) |
| (1) | Where it is impossible for a kindergarten to normally operate its curriculum due to any of the following causes, the competent agency may order suspension of its business operations for up to a year or closedown of the kindergarten: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 14155, May 29, 2016; Act No. 16875, Jan. 29, 2020> |
| 1. | Where the head, founder, or operator of the kindergarten violates this Act, an order under this Act or any other education-related statute or regulation by intention or by gross negligence; |
| 2. | Where the head, founder, or operator of the kindergarten violates orders issued by the competent agency under this Act or any other education-related statutes at least three times; |
| 2-3. | Where a person who is under the management and supervision of the head, founder, or operator of the kindergarten, such as a teacher or a staff member commits child abuse under subparagraph 7 of Article 3 of the Child Welfare Act; Provided, That this shall not apply where the head, founder, or operator of the kindergarten is not negligent in giving due care and supervision to prevent child abuse by teachers, staff, etc.; |
| 3. | Where the kindergarten fails to operate its curriculum for not less than three months on end excluding the period of business suspension. |
| (2) | The competent agency may order any person who uses the title of a kindergarten without obtaining authorization for establishment of the kindergarten referred to in Article 8 (2) to shut down the facilities concerned. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012> |
| (3) | Where a young child aboard a school bus for children (including getting on and off the school bus for children) dies or sustains a serious injury prescribed by Ordinance of the Ministry of Education as a result of a traffic accident occurred during the operation of the school bus for children without a protector aboard the school bus for children (including cases where a report of a school bus for children referred to in Article 52 of the Road Traffic Act has not been filed), in violation of Article 53 (3) of the Road Traffic Act, the competent agency may order closedown of the relevant kindergarten, or suspension of operation of the kindergarten for a period of up to one year. <Newly Inserted by Act No. 13119, Feb. 3, 2015> |
Where the competent agency intends to issue an order to close a kindergarten or its facilities or to suspend its business operations pursuant to Article 32, it shall hold a hearing. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 14155, May 29, 2016>
| Article 34 (Penalty Provisions) |
| (1) | Deleted. <by Act No. 11382, Mar. 21, 2012> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or a fine not exceeding thirty million won: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 14155, May 29, 2016> |
| 1. | A person who operates a kindergarten without obtaining authorization for establishment of the kindergarten under Article 8 (2); |
| 2. | A person who fails to obtain authorization for closedown or authorization for modification in violation of Article 8 (4); |
| 3. | A person who obtains authorization for establishment or closedown of a kindergarten or authorization for modification thereof referred to in Article 8 (2) or (4) by fraud or other unlawful means; |
| 4. | A person who provides information related to young children to a third party without consent of the children’s protectors in violation of Article 17-2 (1) or (3); or a person who uses provided information for a purpose other than the intended purposes. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 14155, May 29, 2016> |
| 1. | A person who receives, or causes other persons to receive, support for the costs under Article 24 (2) by fraud or other unlawful means; |
| 2. | A person who violates an order referred to in Article 30 (1); |
| 3. | A person who violates an order referred to in Article 32 (1). |
| Article 35 (Administrative Fines) |
| (1) | A person who uses the name “kindergarten” or its similar name in violation of Article 28-2 shall be subject to an administrative fine not exceeding five million won. |
| (2) | A person who fails to conduct medical check-ups under Article 17 (1) or fails to perform the obligation of emergency measures under Article 17-3 shall be subject to an administrative fine not exceeding three million won. <Newly Inserted by Act No. 11769, May 22, 2013> |
| (3) | Administrative fines provided for in paragraph (1) and (2) shall be imposed and collected by the competent agency, as prescribed by Presidential Decree. <Amended by Act No. 11769, May 22, 2013> |
[This Article Newly Inserted by Act No. 11382, Mar. 21, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repealed Act)
Article 3 (Transitional Measures concerning Kindergartens)
Kindergartens and other equivalent foreigners' schools which fall within various kinds of schools, established under the previous Elementary and Secondary Education Act at the time of the entry into force of this Act, shall be deemed kindergartens to have been established under this Act. Article 4 (Transitional Measures concerning Kindergarten Regulations)
Regulations of kindergartens and other equivalent foreigners' schools which fall within various kinds of schools under the previous Elementary and Secondary Education Act as at the time this Act enters into force shall be deemed the kindergarten regulations under this Act. Article 5 (Transitional Measures concerning Qualifications for Teaching Staff)
Any person who has obtained a certificate of kindergarten teaching staff qualification examined and granted under Article 21 of the former Elementary and Secondary Education Act at the time of the entry into force of this Act shall be deemed to have obtained a certificate of kindergarten teaching staff qualification examined and granted under this Act. Article 6 (Transitional Measures concerning Teaching Staff in Active Service)
Persons who hold the post of the superintendents, assistant superintendents, or teachers of kindergartens under the former Elementary and Secondary Education Act as at the time this Act enters into force shall be deemed appointed as the teaching staff of kindergartens under this Act. Article 7 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions to acts committed before this Act enters into force shall be governed by the previous provisions.
Article 8 Omitted.
Article 9 (Relations with Other Statutes)
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
| 1. | Provisions of Article 26…Articles 2 through 4 of the Addenda shall enter into force on the date on which the Presidential Decree concerning the Organization of the Ministry of Gender Equality and Family under the amended provisions of Article 42 enters into force, which shall be within three months after promulgation of this Act. |
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8676, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
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.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10176, Mar. 24, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10638, May 19, 2011>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Restriction on Employment) The amended provisions of Article 23 (1) shall apply with regard to persons removed or dismissed from office, or for whom imprisonment without labor or heavier punishment was declared by a court (including persons whose period of suspension expired after having been sentenced a suspension of imprisonment without labor or heavier punishment, due to an act described in any subparagraph of Article 10-3 (1) of the Public Educational Officials Act, on or after the date this Act enters into force. |
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 3 Omitted.
ADDENDUM <Act No. 10913, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 11218, Jan. 26, 2012>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of the latter part of Article 23 (1) shall enter into force on the date of its promulgation; and the part concerning a special self-governing city referred to in the amended provisions of Article 3-2 (5) and (6) and the amended provisions of Articles 5 and 8 shall enter into force on July 1, 2012.
ADDENDA <Act No. 11382, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That each of the amended provisions of the following Articles shall enter into force on each of the dates specified in the following categories:
| 1. | For the amended provisions of Articles 8, 28-2, 32, 34 (2) 2 and 3, 35: the date on which six months have elapsed after the date of its promulgation; |
| 2. | For the amended provisions of Articles 19-3 through 19-6, September 1, 2012: Provided, That for that part concerning Article 29-3 of the Educational Public Officers Act among amended provisions of Article 19-3: March 1, 2013; |
| 3. | For the amended provisions of Articles 19-2, 19-7, 19-8, 24, 26 (1) and (2), 26-2 through 26-5, 28, 34 (1) and (3) 1: March 1, 2013; |
| 4. | For the amended provisions of Article 16 (1): the date on which each of the relevant Articles enters into force; |
| 5. | For Article 3 (4) of the Addenda: April, 1 2012. |
Article 2 (Transitional Measures concerning Penalty Provisions)
In application of the penalty provisions to any act committed before this Act enters into force, the previous provisions shall govern.
Article 3 Omitted.
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.
ADDENDUM <Act No. 11769, May 22, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12336, Jan. 28, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13119, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Closedown, etc. of Kindergartens)
The amended provisions of Article 32 (3) shall apply from the first traffic accident where a young child dies or sustains a serious injury prescribed by Ordinance of the Ministry of Education after this Act enters into force.
ADDENDUM <Act No. 13226, Mar. 27, 2015>
This Act shall enter into force on September 1, 2015.
ADDENDUM <Act No. 13574, Dec. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14155, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Closedown, etc. of Kindergartens)
The amended provisions of Article 32 (1) 2-2, and 2-3 shall begin to apply to the first child abuse case after this Act enters into force.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 40 Omitted.
ADDENDUM <Act No. 14602, Mar. 21, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15232, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Name as Placement Plan for Young Children)
An enrollment capacity plan for young children formulated pursuant to the previous provisions as at the time this Act enters into force shall be deemed a placement plan for young children under the amended provisions of Article 8 (3) 2 and Article 9-2 (1).
ADDENDA <Act No. 16875, Jan. 29, 2020>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 19-2 shall enter into force on March 1, 2020. |
Article 2 (Applicability to Grounds for Disqualification of Founders and Operators of Kindergartens)
The amended provisions of subparagraphs 5 through 9 of Article 8-2 shall begin to apply to a person whose punishment for a violation committed after such amended provisions enter into force becomes final, or who is issued an order to close his or her kindergarten under Article 32 after such amended provisions enter into force. Article 3 (Applicability to Orders to Receive Training)
The amended provisions of Article 8-3 shall begin to apply to a person in whose case a punishment or medical treatment and custody sentenced by a court for any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act becomes final after such amended provisions enter into force. Article 4 (Transitional Measures concerning Authorization to Establish Kindergartens)
Notwithstanding the amended provisions of Article 8, the former provisions shall apply with respect to any person who was issued an order to suspend operating his or her kindergarten under Article 32 (1) or (3) for any act done before such mended provisions enter into force.