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EDUCATIONAL ENVIRONMENT PROTECTION ACT

Act No. 13937, Feb. 3, 2016

Amended by Act No. 14393, Dec. 20, 2016

Act No. 14532, Jan. 17, 2017

Act No. 15230, Dec. 19, 2017

Act No. 16683, Dec. 3, 2019

Act No. 17075, Mar. 24, 2020

 Article 1 (Purpose)
The purpose of this Act is to enable students to receive education in a healthy and comfortable environment by prescribing matters necessary to protect educational environment.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term “educational environment” means all factors related to schools and adjacent areas thereof to keep unimpaired the health, sanitation, safety, learning, etc. of students;
2. The term “school” means a kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act; a school under Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act; and any of the schools of various levels (excluding schools, the public notification of information on which is determined by Presidential Decree to be impossible for reasons such as national defense and public security) established pursuant to other Acts;
3. The term “planned school site” means any of the following lands:
(a) School site determined and publicly notified by an urban or Gun management plan pursuant to Article 30 of the National Land Planning and Utilization Act;
(b) Kindergarten site secured by a person intending to establish a kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act (in case of intending to establish a private kindergarten, referring to a site approved for the establishment thereof from superintendent of education of the Special Metropolitan City, the Metropolitan City, the Special Self-Governing City, the Do, or the Special Self-Governing City (hereinafter referred to as “superintendent of education”));
(c) Special school site secured by a person intending to establish a special school under subparagraph 4 of Article 2 of the Elementary and Secondary Education Act (in case of intending to establish a private special school, referring to a site approved for the establishment thereof from the superintendent of education);
(d) Alternative school site secured by a person intending to establish an alternative school under Article 60-3 of the Elementary and Secondary Education Act (in case of intending to establish a private alternative school, referring to a site approved for the establishment thereof from the superintendent of education);
4. The term “school boundary” means the boundary of a school site registered in the cadastral register under subparagraph 19 of Article 2 of the Act on the Establishment, Management, etc. of Spatial Data;
5. The term “boundary of a planned school site” means the boundary of a school site either publicly notified or acquired pursuant to subparagraph 3 (a) through (d).
 Article 3 (Responsibility of the State and Local Governments)
(1) The State and local governments shall devise policies necessary to protect educational environment.
(2) The State, local government, the principals of schools, and project implementers shall recognize the importance of educational environment protection and endeavor so that the procedures prescribed by this Act can be implemented properly and smoothly.
 Article 4 (Establishment of Basic Plans for Educational Environment Protection)
(1) The Minister of Education shall establish a basic plan containing the following matters (hereinafter referred to as “basic plan”) every five years to protect the educational environment of schools:
1. Matters concerning basic direction-setting for policies to protect educational environment;
2. Matters concerning education and publicity to protect educational environment;
3. Other matters necessary to protect educational environment.
(2) The superintendents of education shall establish and implement a yearly implementation plan (hereinafter referred to as “implementation plan”) based on a basic plan via deliberation by the City/Do Educational Environment Protection Committee under Article 5 (1), and shall submit the results thereof to the Minister of Education.
(3) If necessary to establish a basic plan or an implementation plan, the Minister of Education and the superintendents of education may request the head of the relevant administrative agency or the head of the relevant institution or organization to provide assistance. In such cases, the head of the relevant administrative agency or the relevant institution or organization requested for such assistance shall comply therewith except in extenuating circumstances.
(4) The timing for establishment and the details of basic plans and implementation plans under paragraphs (1) and (2), and other necessary matters such as the timing and methods for submitting implementation plans shall be prescribed by Presidential Decree.
 Article 5 (City/Do Educational Environment Protection Committee)
(1) A City/Do Educational Environment Protection Committee (hereinafter referred to as “City/Do Committee”) to deliberate on the following shall be established under the jurisdiction of the superintendent of education:
1. Policies of the superintendent of education concerning educational environment protection;
2. Implementation plans;
3. Statement of education environment assessment under Article 6 (1);
4. Matters referred to a meeting by the Chairperson with respect to educational environment protection in the district under the jurisdiction of the superintendent of education.
(2) A City/Do Committee shall be composed of up to 15 members including one Chairperson, and the Chairperson shall be appointed or commissioned by the superintendent of education.
(3) The members of the City/Do Committee shall be appointed or commissioned by the superintendent of education from among the following persons:
1. Persons designated by the superintendent of education or the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) from among public officials of at least Grade IV or public officials equivalent thereto, who belong to the Offices of Education of the Special Metropolitan City, the Metropolitan City, the Special Self-Governing City, the Do, and the Special Self-Governing Province (hereinafter referred to as “City/ Do”);
2. Persons with professional knowledge in educational environment protection in schools who is or was at least at a rank of assistant professors or in a position equivalent thereto at a university or college or an accredited research institute;
3. Persons recommended by a non-profit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
4. Teachers and instructors with at least five years of educational experience;
5. Other persons with abundant knowledge and experience in educational environment protection in schools in respective districts.
(4) The term of office of a member of a City/Do Committee shall be three years and may be consecutively appointed: Provided, That the term of office of a member under paragraph (3) 1 shall be a period during which he or she holds the relevant position.
(5) A person falling under any subparagraph of Article 33 of the State Public Officials Act shall not become a member of a City/Do Committee; and, where a member a City/Do Committee comes to fall under any subparagraph of the same Article, he or she shall be dismissed or decommissioned without exception.
(6) Authority of the superintendent of education under paragraph (1) may be delegated to the heads of district offices of education, as prescribed by Presidential Decree.
(7) With respect to any matter to be deliberated on, a City/Do Committee may request the head of the relevant administrative agency, a public official thereof, or the head of a district office of education to present materials, state his or her opinion and give assistance to other necessary matters. In such cases, the person so requested shall comply therewith except in extenuating circumstances.
(8) The superintendent of education shall establish a Local Educational Environment Protection Committee (hereinafter referred to as “Local Committee”) in an education support office under Article 34 of the Local Education Autonomy Act to deliberate on the impacts of the acts and facilities prohibited in educational environment protection zones under Article 9 on educational environment: Provided, That where there is no education support office, such effects shall be subject to deliberation by a City/Do Committee.
(9) Matters concerning the organization, functions, operation, etc. of City/Do Committees and Local Committees shall be prescribed by Presidential Decree.
 Article 6 (Approval for Statement of Educational Environment Assessment)
(1) Any of the following persons shall submit a statement of assessment concerning impacts on educational environment (hereinafter referred to as “statement of educational environment assessment”) to the superintendent of education, as prescribed by Presidential Decree, and obtain approval therefrom:
1. Person who intends to establish a school;
2. Person who formulates an urban or Gun management plan under Article 24 of the National Land Planning and Utilization Act;
3. Development project implementer under Article 3 (1) of the Act on the Special Cases concerning the Procurement, etc. of School Sites;
4. Person who intends to implement a rearrangement project in a rearrangement zone under subparagraph 1 of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, after a school (excluding schools under each subparagraph of Article 2 of the Higher Education Act) or an educational environment protection zone established and publicly announced pursuant to Article 8 (1) is designated and publicly notified as a rearrangement zone;
5. Person who intends to construct a building with the scale under the proviso to Article 11 (1) of the Building Act in an educational environment protection zone established and publicly notified pursuant to Article 8 (1).
(2) Subject matters subject to assessment on school educational environment under paragraph (1) shall include the locations, sizes and shapes, topography and soil environment, atmosphere environment, and surrounding harmful environment, and public facilities of planned school sites or planned rearrangement zones, etc.
(3) To approve a statement of educational environment assessment, a superintendent of education shall refer the statement of educational environment assessment to the City/Do Committee for deliberation; and for such deliberation, shall also provide the review opinions of both a specialized institution for education environment under Article 13 and an institution designated by Presidential Decree.
(4) Notwithstanding paragraph (3), in cases falling under any of the following, a statement of educational environment assessment may be approved via a deliberation by the Local Committee. In such cases, the review opinions of both specialized institution for education environment under Article 13 or an institution designated by Presidential Decree may be omitted:
1. In case of selecting a site to only establish a kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act or change the location thereof;
2. In case of selecting a site to only establish an alternative school under Article 60-3 of the Elementary and Secondary Education Act or change the location thereof;
3. In case of selecting a site to operate a school under subparagraphs 1 through 4 of Article 2 of the Higher Education Act (including a school equivalent to such school, but excluding a graduate school) within an industrial complex, by changing a part of such school from the main location thereof, as prescribed by Presidential Decree.
(5) A superintendent of education shall recommend to a project implementer under Article 7 (1) the matters necessary for educational environment protection as a result of a statement of educational environment assessment. In such cases, the project implementer shall comply with such recommendation except in extenuating circumstance and notify the superintendent of education of the result of measures to comply with such recommendation.
(6) Authority under paragraph (1) of a superintendent of education may be partially delegated to the heads of district offices of education, as prescribed by Presidential Decree.
(7) The Minister of Education may disclose statements of educational environment assessment, as prescribed by Presidential Decree, except where such disclosure is restricted pursuant to other statute.
(8) Items, procedures, and standards for preparing statements of educational environment assessment, and other necessary matters such as preparation methods by item shall be prescribed by Presidential Decree.
 Article 7 (Preparation of Ex Post Facto Statement of Educational Environment Assessment)
(1) A person who submits, and obtains approval for, a statement of educational environment assessment (hereinafter referred to as “project implementer”) shall comply with the contents reflected in the approved statement of educational environment assessment and the result of measures under Article 6 (5).
(2) To prevent a harm to educational environment, a superintendent of education shall verify the status of compliance with the approved contents of the statement of educational environment assessment. In such cases, the superintendent of education may request the project implementer to submit materials concerning compliance with the approved contents of the statement of educational environment assessment or require a public official under his or her jurisdiction to access and inspect the workplaces of the project implementer.
(3) Where making an inspection under paragraph (2), a plan for inspection containing grounds for and subject matters of inspection shall be informed to the project implementer no later than seven days before the inspection; and the public official having access to make an inspection shall declare his or her affiliation and identity to relevant persons and show an identification indicating them.
(4) Where it is deemed that there is likely to be an adverse impact on educational environment as prescribed by Presidential Decree, as a result of inspecting the status of compliance with the approved contents of the written assessment of educational environment pursuant to paragraph (2), the superintendent of education shall order the preparation and submission of a statement of reassessment concerning impacts on educational environment (hereinafter referred to as “statement of ex post facto educational environment assessment”).
(5) Items, procedures, and standards for preparing statements of ex post facto educational environment assessment, and other necessary matters such as preparation methods by item shall be prescribed by Presidential Decree.
 Article 8 (Establishment of Educational Environment Protection Zones)
(1) A superintendent of education shall establish and publicly announce an area within 200 meter-radius of straight-line distance from the boundary of a school or the boundary of a planned school site (hereinafter referred to as “school boundary, etc.”) as an educational environment protection zone, according to the following classifications:
1. Absolute protection zone: an area within a radius of 50 meters of straight-line distance from a gate of a school (an area within a radius of 50 meters of straight-line distance from the school boundary in case of a planned school site);
2. Relative protection zone: an area excluding an absolute protection zone in an area within a radius of 200 meters of straight-line distance from the school boundary, etc.).
(2) A person who determines and publicly announces a planned school site or a person who authorizes the establishment of a school shall, if the planned school site is finally determined, notify the competent superintendent of education of such fact without delay.
(3) A superintendent of education shall establish and publicly announce an educational environment protection zone under paragraph (1) within 30 days from the date a planned school site is notified pursuant to paragraph (2).
(4) Where an educational environment protection zone established and publicly announced pursuant to paragraph (1) comes to fall under any of the following, such establishment and public announcement shall become invalid:
1. Where a school is closed down or transferred (excluding where there is a plan to establish a school prescribed by Presidential Decree);
2. Where a determination concerning a planned school site by an urban or Gun management plan becomes invalid;
3. Where a plan to establish a kindergarten, a special school, or an alternative school is cancelled, or authorization for the establishment thereof is cancelled.
(5) Authority of the superintendents of education under paragraph (1) may be delegated to the heads of district offices of education, as prescribed by Presidential Decree.
 Article 8-2 (Utilization of Cadastral Survey Data)
(1) Where a dispute is likely to arise over whether any act or facility installation specified in paragraph (9) falls under prohibited acts, etc. in educational environment protection zones, a superintendent of education may utilize data on cadastral survey under Articles 23 and 24 of the Act on the Establishment, Management, etc. of Spatial Data.
(2) The procedure and methods of utilizing data on cadastral survey under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 20, 2016]
 Article 9 (Prohibited Acts in Educational Environment Protection Zones)
No one shall conduct or install any of the following acts or facilities in an educational environment protection zone to protect the health and sanitation, safety, learning, and educational environment of students: Provided, That in cases of a relative protection zone, exceptions shall be made to any acts and facilities deemed not to have an adverse impact on learning and educational environment by a superintendent of education or a person delegated thereby after deliberation by the Local Committee, among acts and facilities provided in subparagraphs 14 through 29: <Amended on Jan. 17, 2017; Dec. 19, 2017; Dec. 3, 2019; Mar. 24, 2020>
1. Facilities emitting air pollutants in excess of the permissible emission levels under Article 16 (1) of the Clean Air Conservation Act;
2. Facilities emitting water pollutants in excess of the permissible emission levels under Article 32 (1) under the Water Environment Conservation Act, and wastewater treatment facilities under Article 48 of that Act;
3. Waste-generating facilities under Article 11 of the Act on the Management and Use of Livestock Excreta; disposal facilities under Article 12 thereof; and public disposal facilities under Article 24 thereof;
4. Excrements disposal facilities under subparagraph 11 of Article 2 of the Sewerage Act;
5. Facilities emitting malodor in excess of the maximum allowable emission level under Article 7 of the Malodor Prevention Act;
6. Facilities emitting noise or vibration in excess of the permissible levels under Articles 7 and 21 of the Noise and Vibration Control Act;
7. Waste treatment facilities under subparagraph 8 of Article 2 of the Wastes Control Act (excluding the places determined by Presidential Decree in consideration of their scales, purposes, periods, and effects on learning and school health and sanitation);
8. Carcasses under Articles 11 (1) and 20 (1) of the Act on the Prevention of Contagious Animal Diseases; contaminated objects under Article 23 (1) thereof; and incineration and burial sites of objects subject to prohibition of importation under 33 (1) thereof;
9. Crematory facilities under subparagraph 8 of Article 2 of the Act on Funeral Services, charnel facilities under subparagraph 9 of the same Article, and natural burial grounds under subparagraph 13 of the same Article (excluding natural burial grounds for individuals and families under Article 16 (1) 1 of the same Act and natural burial grounds for clans under subparagraph 2 of the same Article);
10. Facilities for livestock slaughter business under Article 21 (1) 1 of the Livestock Products Sanitary Control Act;
12. Restricted movie theaters under subparagraph 11 of Article 2 of the Promotion of the Motion Pictures and Video Products Act;
13. Business establishments under subparagraph 5 (a) (vii) of Article 2 of the Juvenile Protection Act, and business establishments falling under any of the business categories publicly notified by the Minister of Gender Equality and Family pursuant to subparagraph 5 (a) (viii) and (ix) and (b) (vii) of the same Article;
14. Facilities for producing, filling, and storing high-pressure gas under Article 2 of the High-Pressure Gas Safety Control Act, urban gas under subparagraph 1 of Article 2 of the Urban Gas Business Act, or liquefied petroleum gas under subparagraph 1 of Article 2 of the Safety Control of Liquefied Petroleum Gas Act (a facility the size of which is not lager than the size to be permitted or notified as prescribed by related statutes or regulations, but the total capacity of each installation of which is the same or larger than the capacity to be permitted or notified is included; but the whole or part of the facilities prescribed by Presidential Decree in consideration of their scales, purposes, and effects on learning and school health and sanitation shall be excluded);
15. Places for collecting, storing, and disposing of wastes under subparagraph 1 of Article 2 of the Wastes Control Act (excluding the places determined by Presidential Decree in consideration of their scales, purposes, periods, and effects on learning and school health and sanitation);
16. Production places and storage places of guns or explosives under Article 2 of the Act on the Safety Management of Guns, Swords and Explosives;
17. Isolation wards, sanatoriums, or clinics under Article 37 (1) 2 of the Infectious Disease Control and Prevention Act;
18. Tobacco vending machines (excluding tobacco vending machines in educational environment protection zones around the kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act and the schools under each subparagraph of Article 2 of the Higher Education Act) installed by designated retailers and other persons selling tobacco under the Tobacco Business Act);
19. Business of providing games, business of providing Internet computer game facilities, and business of combined distribution and game providing under subparagraph 6, 7 or 8 of Article 2 of the Game Industry Promotion Act (excluding the above-mentioned businesses in educational environment protection zones around the kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act and the schools under each subparagraph of Article 2 of the Higher Education Act);
20. Facilities for game products under subparagraph 6 (c) of Article 2 the Game Industry Promotion Act (excluding such facilities in educational environment protection zones around the schools under each subparagraph of Article 2 of the Higher Education Act);
21. Billiard halls, dance teaching institutes, and dance halls among sports facilities under Article 3 of the Installation and Utilization of Sports Facilities Act (excluding the above-mentioned facilities, etc. in educational environment protection zones around the kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act; the elementary schools under subparagraph 1 of Article 2 of the Elementary and Secondary Education Act; the alternative schools only operating elementary school courses pursuant to Article 60-3 of the Elementary and Secondary Education Act; and the schools under each subparagraph of Article 2 of the Higher Education Act);
22. Horse racing parks under Article 4 of the Korea Racing Authority Act and outside sales agents under Article 6 (2) thereof; racing tracks under Article 5 of the Bicycle and Motorboat Racing Act and outside sales agents under Article 9 (2) thereof;
23. Speculative business under Article 2 (1) 2 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts;
24. Karaoke business under subparagraph 13 of Article 2 of the Music Industry Promotion Act (excluding Karaoke business in educational environment protection zones around the kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act and the schools under each subparagraph of Article 2 of the Higher Education Act);
25. Business of running a video-viewing establishment and business of providing multiple types of visual materials under subparagraph 16 (a) and (d) of Article 2 of the Promotion of the Motion Pictures and Video Products Act (excluding the above-mentioned businesses in educational environment protection zones around the kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act and the schools under each subparagraph of Article 2 of the Higher Education Act);
26. Karaoke bar business and entertainment bar business among business of providing food services under Article 36 (1) 3 of the Food Sanitation Act;
27. Lodging business under subparagraph 2 of Article 2 of the Public Health Control Act, and hotel business under Article 3 (1) 2 (a) of the Tourism Promotion Act (excluding lodging facilities attached to international conference facilities under subparagraph 3 of Article 2 of the International Conference Industry Promotion Act);
28. Business establishments falling under the business category under subparagraph 5 (b) (vi) of Article 2 of the Youth Protection Act (excluding the educational environment protection zones of kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act and schools under each subparagraph of Article 2 of the Higher Education Act);
29. Facilities handling at least the quantity of substances prescribed by Presidential Decree among those handling substances requiring preparation for accidents under Article 39 of the Chemicals Control Act.
 Article 10 (Measures against Prohibited Acts)
(1) The Mayor/Do Governor and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) or the head of the relevant administrative agency (hereinafter referred to as “head of the relevant administrative agency, etc.”) shall take a measure such as interruption and restriction on construction work, suspension of business, and refusal or cancellation of authorization, registration and report (hereinafter referred to as “disposition”) to prevent acts and facilities in each subparagraph of Article 9 (excluding acts and facilities undergoing deliberation pursuant to the proviso to Article 9; hereinafter the same shall apply); and may order a project implementer to remove the relevant facilities, where it is deemed inevitable to remove such facilities due to their impairment to educational environment.
(2) Where a project implementer fails to comply with an order of removal under paragraph (1), the head of the relevant administrative agency, etc. may execute by proxy the removal in accordance with the Administrative Vicarious Execution Act.
(3) In order to protect educational environment, a superintendent of education may request the head of the relevant administrative agency, etc. to take a disposition against acts and facilities under each subparagraph of Article 9 and issue an order of removal of the facilities within an educational environment protection zone.
(4) The head of the relevant administrative agency, etc. in receipt of a request under paragraph (3) shall take a requested measure except in extenuating circumstances, and inform the superintendent of education of the result thereof within one month from the date of receipt of such request.
(5) Authority of the superintendents of education under paragraphs (3) and (4) may be partially delegated to the heads of district offices of education, as prescribed by Presidential Decree.
 Article 11 (Consultation concerning Designation of Urban and Gun Management Plans)
(1) A superintendent of education may request a person with authority to formulate an urban and Gun management plan or a person with authority to determine an urban and Gun management plan under Articles 24 and 29 of the National Land Planning and Utilization Act to consult with him or her for educational environment protection when either of the latter two persons formulates an urban and Gun management plan or designates or changes a specific use area or specific use zone.
(2) A person with authority to formulate an urban and Gun management plan or a person with authority to determine an urban and Gun management plan shall comply with a request under paragraph (1) except in extenuating circumstances.
 Article 12 (Establishment and Operation of Information System for Educational Environment)
(1) The Minister of Education and the superintendents of education shall establish and operate an information system of educational environment (hereinafter referred to as “Information System”) to secure the collection and utilization of information on educational environment protection zones and the citizens’ participation in educational environment protection.
(2) The Minister of Education and the superintendents of education shall disclose information, etc. on educational environment protection zones including the results of deliberation on the prohibited acts and facilities, etc. within educational environment protection zones to enhance the specialization, objectiveness, and predictability of educational environment protection.
(3) The Minister of Education and the superintendents of education may entrust the establishment and operation of the Information System to a specialized institution for educational environment protection under Article 13 or an institution designated by Presidential Decree.
(4) Matters necessary to establish, operate, etc. the Information System and matters concerning the disclosure of information, etc. on educational environment protection zones under paragraph (2) shall be prescribed by Ordinance of the Ministry of Education.
 Article 13 (Establishment of Specialized Institution for Educational Environment Protection)
(1) The Minister of Education may establish a specialized institution for educational environment protection (hereinafter referred to as “Institution for Educational Environment Protection”) or designate institutions determined by Presidential Decree (hereinafter referred to as “designated institution for educational environment protection”) to perform affairs regarding educational environment protection.
(2) The Institution for Educational Environment Protection or designated institutions for educational environment protection shall perform the following affairs:
1. Development of materials for formulating policies for educational environment protection, and the analysis of policies;
2. Support to formulate basic plans;
3. Projects regarding investigation, research and development related to educational environment:
4. Preparation and distribution of statistics related to educational environment;
5. Performance, management, technical support and assessment of projects for educational environment protection;
6. Training, education and publicity, and development of materials therefor, for educational environment protection;
7. Establishment, operation and management of the Information System;
8. Review of the statements of educational environment assessment;
9. Other affairs deemed necessary by the Minister of Education, including educational environment protection.
(3) The Institution for Educational Environment Protection shall be a body corporate and shall be incorporated upon a registration of incorporation at the location of its principal office.
(4) The Institution for Educational Environment Protection shall prepare the articles of incorporation specifying the following and obtain authorization therefor from the Minister of Education:
1. Purpose;
2. Name;
3. Location of the principal office;
4. Matters concerning affairs and the execution thereof;
5. Important matters regarding executive officers and employees;
6. Matters regarding the board of directors;
7. Matters regarding property and accounting;
8. Matters regarding modification of the articles of incorporation.
(5) The modification of the contents of the articles of incorporation under paragraph (4) shall require authorization from the Minister of Education.
(6) The State and local governments may contribute expenses necessary to establish and operate the Institution for Educational Environment Protection, within budgetary limits.
(7) Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Institution for Educational Environment Protection.
 Article 14 (Delegation and Entrustment of Authority)
(1) The Minister of Education may partially delegate authority under this Act to the superintendents of education, as prescribed by Presidential Decree.
(2) The Minister of Education may partially entrust the affairs under this Act to the Institution for Educational Environment Protection and designated institutions for educational environment protection, as prescribed by Presidential Decree.
(3) The executive officers and employees of the Institution for Educational Environment Protection and designated institutions for educational environment protection to perform the affairs entrusted pursuant to paragraph (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.
 Article 15 (Duty of Confidentiality)
The experts concerned who participate in the process of reviewing the statements of educational environment assessment or the persons who are or were the executive officers or employees of the specialized institutions concerned shall neither divulge to other persons any secrets which come to their knowledge in the course of performing their duties, nor use them for any purpose other than the performance of their duties.
 Article 16 (Penalty Provisions)
(1) A person who commits an act or install a facility in violation of Article 9 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. Person who selects a school site without obtaining approval for the statement of educational environment assessment in violation of Article 6 (1);
2. Person who, except in extenuating circumstances, refuses to submit materials or obstructs or evades the investigation of the approved contents in violation of Article 7 (2);
3. Person who fails to prepare the statement of ex post facto educational environment assessment in violation of Article 7 (4);
4. Person who divulges any secret which comes to his or her knowledge in the course of performing his or her duties or uses them for any purpose other than the performance of his or her duties in violation of Article 15.
 Article 17 (Administrative Fines)
(1) A person who fails to submit the statement of educational environment assessment in violation of Article 7 (4) shall be subject to an administrative fine of not more than 10 million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the superintendents of education, as prescribed by Presidential Decree.
ADDENDA <Act No. 13937, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Preparation for Establishment)
(1) Where establishing the Institute for Educational Environment Protection, the Minister of Education shall organize a preparatory committee for establishment (hereinafter referred to as “Committee”) to exercise overall control over affairs regarding its establishment.
(2) The Committee shall be composed of not more than five members of the Committee (hereinafter referred to as “members”), including the chairperson thereof (hereinafter referred to as “chairperson”), and the chairperson and members shall be commissioned by the Minister of Education.
(3) The Committee shall prepare the articles of incorporation and obtain authorization therefor from the Minister of Education.
(4) When obtaining authorization pursuant to paragraph (3), the members shall transfer their business affairs to the head of the Institute for Educational Environment Protection without delay after making a registration of incorporation, and shall be deemed to be decommissioned at the time the transfer of business affairs is completed.
(5) The head of the Institute for Educational Environment Protection at the time of establishing that Institute shall be appointed by the Minister of Education.
Article 3 (Dispatch of Public Officials)
Where the Institute for Educational Environment Protection is established, the Minister of Education or the superintendents of education may appoint public officials under their jurisdiction to the Institute for Educational Environment Protection until December 31, 2018, upon receipt of a request of the head of the Institute for Educational Environment Protection.
Article 4 (Transitional Measures concerning Dispositions, etc.)
The public notifications made, administrative dispositions taken and other acts conducted by administrative agencies, or the requests and reports made to and other Acts conducted towards administrative agencies pursuant to Articles 5, 6, 6-2, 6-3 and 19 of the School Health Act at the time this Act enters into force shall be deemed as acts by or towards administrative agencies under this Act.
Article 5 (Transitional Measures concerning School Environmental Sanitation and Cleanup Committees)
The school environmental sanitation and cleanup committees organized pursuant to Article 6 of the former School Health Act at the time this Act enters into force shall be deemed as the Local Committees organized pursuant Article 5 (8).
Article 6 (Transitional Measures concerning Matters Referred to School Environmental Sanitation and Cleanup Committees for Deliberation)
The matters deliberated on by the school environmental sanitation and cleanup committees organized pursuant to Article 6 of the former School Health Act at the time this Act enters into force shall be deemed to be those deliberated on by Local Committees organized pursuant Article 5 (8).
Article 7 (Transitional Measures concerning Members of School Environmental Sanitation and Cleanup Committees)
The members of school environmental sanitation and cleanup committees appointed or commissioned pursuant to Article 6 of the former School Health Act at the time this Act enters into force shall be deemed to be the members of local committees appointed or commissioned pursuant to Article 5 (9), and their term of office shall be the remainder of the term of office under the former School Health Act.
Article 8 (Transitional Measures concerning School Environmental Sanitation and Cleanup Zones)
The school environmental sanitation cleanup zones designated and publicly notified pursuant to Article 5 of the former School Health Act at the time this Act enters into force shall be deemed to be the absolute protection zones and relative protection zones designated and publicly announced pursuant to Article 8.
Article 9 (Transitional Measures concerning Facilities Handling Substances Requiring Preparation for Accidents)
The facilities falling under subparagraph 29 of Article 9 among those installed pursuant to the former provisions which are located within educational environment protection zones shall be transferred or closed by December 31, 2020: Provided, That the foregoing provisions shall not apply to the facilities located within relative protection zones under Article 8 (1) 2 which are recognized by the superintendents of education or the persons delegated thereby until December 31, 2016.
Article 10 (Transitional Measures concerning Administrative Dispositions)
The provisions of the former School Health Act shall govern when taking administrative dispositions against violations committed before this Act enters into force.
Article 11 (Transitional Measures concerning Penalty Provisions)
The provisions of the former School Health Act shall govern when applying penalty provisions to violations committed before this Act enters into force.
Article 12 (Relationship with Other Statutes)
References to Article 5, 6, 6-2, 6-3 or 19 of the former School Health Act in other statutes (including the statutes which were promulgated before this Decree enters into force, but the enforcement dates of which have not yet arrived) shall, if there are any provisions corresponding thereto in this Act, be deemed to refer to such corresponding provisions in lieu of the former provisions.
ADDENDUM <Act No. 14393, Dec. 20, 2016>
This Act shall enter into force one year after the date of its promulgation. Provided, That the amended provision in the proviso to Addenda 9 shall enter into force on February 4, 2017.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended by Article 6 of this Addenda, the amended provisions of the Acts, which were promulgated before this Act enters into force but their enforcement dates have yet to arrive, shall enter into force on their respective enforcement dates.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15230, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Existing Facilities)
The amended provision of subparagraph 9 of Article 9 shall not apply to the natural burial grounds already set up in the educational environment protection zones as at the time this Act enters into force.
ADDENDA <Act No. 16683, Dec. 3, 2019>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force on the date of promulgation.
Article 2 (Transitional Measures concerning Existing Facilities)
Facilities falling under the amended provisions of subparagraph 14 of Article 9 among facilities installed in educational environment protection zones pursuant to the previous provisions as at the time this Act enters into force shall be relocated or closed by December 31, 2025. Provided, That the foregoing shall not apply to a facility located in a relative protection zone prescribed in Article 8 (1) 2, which the competent Superintendent of an Office of Education or a person entrusted by the Superintendent deems, within one year from the enforcement date of this Act, have no adverse effects on learning and educational environments, following deliberation by a local committee.
ADDENDA <Act No. 17075, Mar. 24, 2020>
This Article shall enter into force six months after the date of its promulgation.