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LOCAL EDUCATION AUTONOMY ACT

Wholly Amended by Act No. 8069, Dec. 20, 2006

Amended by Act No. 8423, May 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 10046, Feb. 26, 2010

Act No. 10866, Jul. 21, 2011

Act No. 11212, Jan. 26, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11724, Apr. 5, 2013

Act No. 12128, Dec. 30, 2013

Act No. 12394, Feb. 13, 2014

Act No. 12844, Nov. 19, 2014

Act No. 13335, jun. 22, 2015

Act No. 14372, Dec. 13, 2016

Act No. 14398, Dec. 20, 2016

Act No. 14839, Jul. 26, 2017

Act No. 16672, Dec. 3, 2019

Act No. 16682, Dec. 3, 2019

Act No. 17662, Dec. 22, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the development of local education by providing for matters concerning the establishment, organization, operation, etc. of agencies to be responsible for the affairs of local governments concerning education, science, technology, physical education, and other academic sciences in light of educational independence and speciality and the characteristics of local education.
 Article 2 (Administration of Affairs concerning Education and Academic Sciences)
The affairs of local governments concerning education, science, technology, physical education, and other academic sciences (hereinafter referred to as “education and academic sciences”) shall be administered by each Special Metropolitan City, Metropolitan City and Do (hereinafter referred to as “City/ Do”).
 Article 3 (Relationship to the Local Autonomy Act)
Except as provided in this Act regarding the establishment, organization, operation, etc. of agencies to be responsible for the affairs of local governments concerning education and academic sciences, the relevant provisions of the Local Autonomy Act shall apply mutatis mutandis, unless contrary to the nature of those provisions. In such cases, the “head of a local government” or the “Mayor/Do Governor” shall be construed as the “superintendent of education”; the “affairs of local governments” as the “affairs of local governments concerning education and academic sciences”; the “autonomous affairs” as the “autonomous affairs concerning education and academic sciences”; and the “Minister of the Interior and Safety”, “competent Minister” or “head of a central administrative agency” as the “Minister of Education”. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
CHAPTER II Deleted.
SECTION 1 Deleted.
 Article 4 Deleted. <Dec. 13, 2016>
 Article 5 Deleted. <Dec. 13, 2016>
SECTION 2 Deleted.
 Article 6 Deleted. <Dec. 13, 2016>
 Article 7 Deleted. <Dec. 13, 2016>
 Article 8 Deleted. <Dec. 13, 2016>
 Article 9 Deleted. <Dec. 13, 2016>
 Article 10 Deleted. <Dec. 13, 2016>
 Article 10-2 Deleted. <Dec. 13, 2016>
 Article 10-3 Deleted. <Dec. 13, 2016>
SECTION 3 Deleted.
 Article 11 Deleted. <Dec. 13, 2016>
SECTION 4 Meetings and Clerks
 Article 12 Deleted. <Jun. 22, 2015>
 Article 13 Deleted. <Jun. 22, 2015>
 Article 14 Deleted. <Jun. 22, 2015>
 Article 15 Deleted. <Jun. 22, 2015>
 Article 16 Deleted. <Feb. 26, 2010>
 Article 17 Deleted. <Jun. 22, 2015>
CHAPTER III SUPERINTENDENTS OF EDUCATION
SECTION 1 Status and Power
 Article 18 (Superintendent of Education)
(1) Each City/Do shall have a superintendent of education as an organ executing the affairs of the City/Do concerning education and academic sciences.
(2) A superintendent of education shall represent the relevant City/Do in a lawsuit over the affairs concerning education and academic sciences or in registration of property.
 Article 19 (Delegation of the State’s Administrative Affairs)
Of the State’s administrative affairs delegated to Cities/Dos, the affairs concerning education and academic sciences shall be delegated to and performed by each superintendent of education: Provided, That the same shall not apply where otherwise prescribed by statutes and regulations.
 Article 20 (Affairs Responsible)
A superintendent of education shall be responsible for the following affairs concerning education and academic sciences:
1. Preparation and submission of draft ordinances;
2. Compilation and submission of budget bills;
3. Preparation and submission of statements of settlement of accounts;
4. Establishment of educational rules;
5. Establishment, relocation and abolition of schools and other educational institutions;
6. Operation of curricula;
7. Promotion of science and technology education;
8. Promotion of lifelong education and other education and academic sciences;
9. Physical education and health in schools and school environmental cleanup;
10. Commuting zones for students;
11. Facilities, equipment and teaching aids for education and academic sciences;
12. Acquisition and disposal of property;
13. Special levies, charges, fees, contributions, and subscription charges;
14. Assumption of obligations other than the issuance of bonds, borrowings, or budgets;
15. Establishment and management of funds;
16. Personnel management of State public officials and local public officials under his or her authority;
17. Other matters concerning education and academic sciences of the relevant City/Do, and matters delegated thereto.
 Article 21 (Terms of Office of Superintendent of Education)
The term of office of a superintendent of education shall be four years, and he or she may continue to hold office for the maximum three terms.
 Article 22 (Election of Superintendents of Education)
Superintendents of education shall be elected as determined in Chapter VI.
[This Article Wholly Amended on Feb. 26, 2010]
 Article 23 (Restriction on Concurrent Holding of Office)
(1) No superintendent of education may concurrently hold any of the following office: <Amended on Dec. 13, 2016>
1. A member of the National Assembly or a member of a local council;
2. A State public official provided for in Article 2 of the State Public Officials Act, a local public official provided for in Article 2 of the Local Public Officials Act, or a teacher of a private school provided for in Article 2 of the Private School Act;
3. A private school manager or an executive officer or employee of a foundation that establishes and operates a private school.
(2) A superintendent of education who holds an impermissible concurrent office under paragraph (1) before being elected shall retire ipso facto from such office on the day before the commencement of his or her term of office.
 Article 24 (Candidate Qualifications for Superintendent of Education)
(1) A person who intends to become a candidate for superintendent of education shall be eligible for election as relevant Mayor/Do Governor and have not been a member of any political party for at least one year before the date the filing of an application for candidate registration commences. <Amended on Feb. 26, 2010>
(2) A person who intends to become a candidate for superintendent of education shall have any of the following career experience of at least three years or any of the following career experience of at least three years in total as at the date the filing of an application for candidate registration commences: <Newly Inserted on Feb. 13, 2014>
1. Career experience in education: Career experience as a teacher in a kindergarten defined in subparagraph 2 of Article 2 of the Early Childhood Education Act or in a school defined in Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act (including any educational institution or life-long educational institution certifying the academic achievement equivalent thereto, which is established in accordance with other statutes);
2. Career experience in educational administration: Career experience in affairs concerning education and academic sciences as a State or local public official at an educational institution run by the State or a local government or career experience of serving as a public educational official defined in Article 2 (1) 2 or 3 of the Educational Officials Act.
 Article 24-2 (Recall of Superintendent of Education)
(1) Residents shall have the right to recall the superintendent of education.
(2) Affairs concerning recall elections for the superintendent of education shall be managed by the election commission referred to in Article 44.
(3) Except as provided in this Act, the provisions of the Recall of Elected Officials Act concerning Mayors/Do Governors shall apply mutatis mutandis to recall elections for superintendents of education to the extent that is not contrary to the nature thereof: Provided, That when the provisions of the Public Official Election Act applicable mutatis mutandis under this Act differ from the corresponding provisions of the Public Official Election Act applicable mutatis mutandis under the Recall of Elected Officials Act, the relevant provisions of the Public Official Election Act applicable mutatis mutandis under this Act shall be deemed cited.
[This Article Newly Inserted on Feb. 26, 2010]
 Article 24-3 (Retirement of Superintendent of Education)
A superintendent of education shall retire from office in any of the following cases:
1. Where he or she assumes office which may not be held concurrently under Article 23 (1);
2. Where he or she becomes ineligible for election (including where he or she becomes ineligible for election due to the transferring of resident registration to the outside of the boundary of the local government on grounds other than the alteration of the jurisdiction of the local government or the abolition or consolidation of the local government;
3. Where he or she becomes a member of any political party;
4. Where he or she is dispossessed of the office of the superintendent of education pursuant to Article 97 of the Local Autonomy Act applicable mutatis mutandis under Article 3.
[This Article Newly Inserted on Feb. 26, 2010]
 Article 25 (Establishment of Educational Rules)
(1) A superintendent of education may establish educational rules concerning affairs under his or her jurisdiction within the scope of the statutes and regulations or municipal ordinances.
(2) A superintendent of education shall promulgate an educational rule pursuant to the procedures and methods prescribed by Presidential Decree, and except as otherwise prescribed, the educational rule shall enter into force upon the lapse of the 20th day following the date of its promulgation.
 Article 26 (Delegation and Entrustment of Affairs)
(1) A superintendent of education may delegate part of the affairs within his or her competence to auxiliary organizations, educational institutions under his or her authority, or subordinate educational administrative organizations thereof, as prescribed by municipal ordinance or educational rules.
(2) A superintendent of education may delegate part of the affairs within his or her competence to the head of a Gu, branch office, or Eup/Myeon/Dong (referring to a Dong in the Special Metropolitan City, a Metropolitan City, or a Si; hereafter in this Article the same shall apply) after consultation with the head of the competent local government, as prescribed by educational rules. In such cases, the superintendent of education may direct and supervise the head of the Gu, branch office, or Eup/Myeon/Dong regarding the execution of the relevant affairs.
(3) A superintendent of education may entrust a legal entity, an organization or its organ, or an individual with affairs within his or her competence unrelated directly to the rights and duties of residents, such as investigation, inspection, verification, and management, as prescribed by municipal ordinance or educational rules.
(4) Where a superintendent of education intends to re-delegate or re-entrust part of any delegated or entrusted affairs under paragraphs (1) through (3), he or she shall obtain prior approval from the head of the agency who has delegated or entrusted such affairs.
 Article 27 (Appointment of Personnel)
A superintendent of education shall direct and supervise public officials under his or her authority and manage matters concerning the appointment, education and training, service, disciplinary actions, etc., as prescribed by statutes and regulations, municipal ordinances, and educational rules.
 Article 28 (Reconsideration of City/Do Council’s Resolutions and Filing of Suits)
(1) If a resolution of the City/Do council concerning education and academic sciences is deemed to violate any statutes and regulations or to be significantly detrimental to the public interest, the superintendent of education may request reconsideration, specifying the reasons therefor, within 20 days from the date the resolution is transferred. Where the Minister of Education requires the superintendent of education to file a request for reconsideration, the superintendent of education shall request reconsideration from the City/Do council. <Amended on Feb. 29, 2008; Feb. 26, 2010; Mar. 23, 2013>
(2) Upon receipt of a request for reconsideration pursuant to paragraph (1), the relevant City/Do council shall reconsider it, and if the City/Do council repasses the resolution in the original form with the attendance of a majority of all incumbent members of the City/Do council and with a concurring vote of 2/3 or more of those present, such resolution shall become final. <Amended on Feb. 26, 2010>
(3) If a resolution repassed under paragraph (2) is deemed to be in violation of any statutes or regulations, the superintendent of education may file a suit with the Supreme Court within 20 days from the date the resolution is repassed.
(4) When a superintendent of education fails to file a suit even though a repassed resolution is deemed to violate statutes or regulations, the Minister of Education may instruct the superintendent of education to file a suit or directly file a suit. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(5) An instruction to file a suit under paragraph (4) shall be given within seven days after the period under paragraph (3) elapses and the superintendent of education shall file a suit within seven days from the date of receipt of such instruction.
(6) The Minister of Education may directly file a suit within seven days after the period under paragraph (5) elapses. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(7) Where a suit is filed with the Supreme Court over a repassed resolution pursuant to paragraph (3) or (4), the Minister of Education or the superintendent of education who has filed the suit may request a decision that suspends the execution of the resolution. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 29 (Emergency Actions by Superintendent of Education)
(1) A superintendent of education may take emergency actions for any matter within his or her authority that requires resolution by the City/Do council in any of the following cases: <Amended on May 11, 2007; Feb. 26, 2010>
1. Where the City/Do council is not constituted (referring where the quorum for resolution under Article 64 of the Local Autonomy Act is not met due to detention, etc. of any member of the City/Do council);
2. Where a matter urgently needed for the safety of students and the protection of property of educational institutions cannot be resolved as there is insufficient time to convene the City/Do council or resolution is delayed in the City/Do council.
(2) The emergency actions under paragraph (1) shall be reported without delay to and approved by the City/Do council. <Amended on Feb. 26, 2010>
(3) If approval under paragraph (2) is not obtained from the City/Do council, the relevant emergency actions shall be invalidated from that time. <Amended on Feb. 26, 2010>
(4) The superintendent of education shall without delay publicly announce the matters referred to in paragraphs (2) and (3).
 Article 29-2 (Submission of Bills)
(1) A superintendent of education shall consult in advance with the relevant Mayor/Do Governor when intending to submit to the City/Do council any of the following bills concerning education and academic sciences:
1. Bills of municipal ordinances concerning the imposition of financial burden or duties on residents;
2. Bills concerning the general account of the local government.
(2) The Local Autonomy Act shall apply mutatis mutandis to the submission, examination, and processing of bills and petitions concerning education and academic sciences. In such cases, the “head of a local government” shall be construed as the “superintendent of education”.
[This Article Newly Inserted on Jun. 22, 2015]
 Article 29-3 (Assistance in Administrative Affairs of City/Do Council concerning Education and Academic Sciences)
(1) The secretariat of a City/Do council shall establish a support organization and hire clerical staff to manage the administrative affairs of the City/Do council concerning education and academic sciences, as prescribed by municipal ordinance.
(2) The clerical staff referred to in paragraph (1) shall be local public officials.
(3) The clerical staff referred to in paragraph (1) shall be appointed by the superintendent of education upon recommendation by the chairperson of the City/Do council.
[This Article Newly Inserted on Jun. 22, 2015]
SECTION 2 Auxiliary Organizations and Educational Institutions Affiliated Therewith
 Article 30 (Auxiliary Organizations)
(1) One deputy superintendent (two deputy superintendents for a City/Do with a population of not less than eight million and not less than 1.5 million students) shall be assigned from among State public officials to assist the superintendent of education in the capacity of a member in general service of the Senior Executive Service under Article 2-2 of the State Public Officials Act or of a senior school supervisor as prescribed by Presidential Decree. <Amended on Dec. 22, 2020>
(2) A deputy superintendent shall be appointed by the President through the Prime Minister upon the recommendation of the superintendent of education of the relevant City/Do and the proposal of the Minister of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) A deputy superintendent shall assist the superintendent of education in managing the administrative affairs.
(4) Where two deputy superintendents are appointed under paragraph (1), the allocation of duties among the two shall be prescribed by Presidential Decree. In such cases, one such Deputy may be assigned to manage administrative affairs in a particular area.
(5) Auxiliary organizations shall be established under the jurisdiction of the superintendent of education and matters necessary for the establishment, operation, etc. of such auxiliary organizations shall be prescribed by municipal ordinance within the scope prescribed by Presidential Decree.
(6) In establishing and operating auxiliary organizations under paragraph (5), the superintendent of education shall strive for rationalization and maintain balance with other Cities/Dos.
 Article 31 (Exercise of Authority for Superintendents of Education and Performance of Their Duties by Proxy)
Article 111 of the Local Autonomy Act shall apply mutatis mutandis to the exercise of authority for superintendents of education and the performance of their duties by proxy. In such cases, “Vice Governor, Vice Mayor, or the deputy head of a Si/Gun/ Gu” shall be construed as “deputy superintendent”, and “rules of the local government” as “educational rules”. <Amended on May 11, 2007>
 Article 32 (Establishment of Educational Institution)
A superintendent of education may establish an educational institution as prescribed by Presidential Decree or municipal ordinance, if necessary within the scope of affairs under his or her authority.
 Article 33 (Assignment of Public Officials)
(1) An auxiliary organization under Article 30 (5), an educational institution under Article 32, and a subordinate educational administrative agency under Article 34 shall have local public officials at the expense of the special account for educational expenses in the relevant City/Do under Article 38 and the fixed number of the local public officials shall be determined by municipal ordinance in compliance with the standards set by statutes and regulations.
(2) An auxiliary organization under Article 30 (5), an educational institution under Article 32, and a subordinate educational administrative agency under Article 34 may have State public officials, as prescribed by Presidential Decree, notwithstanding paragraph (1) and the Act on the Prescribed Number of State Public Officials Assigned to Local Governments.
SECTION 3 Subordinate Educational Administrative Agencies
 Article 34 (Establishment of Subordinate Educational Administrative Agency)
(1) A district office of education, which serves as a subordinate educational administrative agency, having jurisdiction over at least one Si/Gun/autonomous Gu shall be established to have partial authority of the administrative affairs of the relevant City/Do concerning education and academic sciences. <Amended on Dec. 30, 2013>
(2) The jurisdictions and names of district offices of education shall be prescribed by Presidential Decree. <Amended on Dec. 30, 2013>
(3) Each district office of education shall have a head thereof who shall be a senior school supervisor, and matters necessary for appointment of such head shall be prescribed by Presidential Decree. <Amended on Dec. 30, 2013>
(4) Matters necessary for the organization, operation, etc. of district offices of education shall be prescribed by Presidential Decree. <Amended on Dec. 30, 2013>
[Title Amended on Dec. 30, 2013]
 Article 35 (Administrative Affairs Allocated to Head of District Office of Education)
The head of a district office of education shall be delegated with and have partial authority of the following administrative affairs of the relevant City/Do concerning education and academic sciences: <Amended on Dec. 3, 2019>
1. Guidance and supervision over the operation and management of public and private kindergartens, primary schools, middle schools, high civic schools, and other similar schools;
2. Other administrative affairs prescribed by municipal ordinance.
CHAPTER IV EDUCATIONAL FINANCE
 Article 36 (Expenses for Education and Academic Sciences)
Expenses for education and academic sciences shall be covered by the following financial resources: <Amended on Dec. 20, 2016>
1. Special levies, fees, and charges related to education;
2. Local education subsidies;
3. Funds transferred from the general account of the local government;
4. Funds transferred from the special account for early childhood education support;
5. Revenues from education and academic sciences, other than those referred to in subparagraphs 1 through 4.
 Article 37 (Expenses for Compulsory Education)
(1) The remuneration of teachers engaged in compulsory education and other expenses for compulsory education shall be borne by the State and local governments, as prescribed by the Local Education Subsidy Act.
(2) Expenses for education other than compulsory education referred to in paragraph (1) shall be borne by the State, local governments, parents of students, etc., as prescribed by the Local Education Subsidy Act.
 Article 38 (Special Account for Educational Expenses)
A special account for educational expenses shall be created in the relevant local government for separate accounting of expenses incurred by a City/Do in relation to education and academic sciences.
 Article 39 (Subsidy for Educational Expenses)
(1) The State shall grant subsidies to Cities/Dos to assist with educational expenses within budgetary limits.
(2) The affairs related to subsidies for educational expenses borne by the State shall be managed by the Minister of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 40 (Imposition and Collection of Special Levies)
(1) Special Levies under Article 36 shall be imposed and collected as prescribed by municipal ordinance when a special financial demand occurs.
(2) Special levies under paragraph (1) shall not be imposed in excess of the total amount of expenses to be covered by such special levies.
CHAPTER V CONSULTATION ON LOCAL EDUCATION
 Article 41 (Establishment of Council for Local Educational Administration)
(1) A council for local educational administration shall be established to efficiently manage the administrative affairs of local governments concerning education and academic sciences.
(2) Matters necessary for the organization and operation of the council for local educational administration under paragraph (1) shall be determined by municipal ordinance after consultation between the superintendents of education and the Mayors/Do Governors.
 Article 42 (Consultative Group of Superintendents of Education)
(1) The superintendents of education may establish a national consultative group to promote the mutual exchange and cooperation and deliberate on the mutual issues.
(2) Where a consultative group is established pursuant to paragraph (1), the representative thereof shall report the establishment of such group to the Minister of Education without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) The consultative group under paragraph (1) may submit its opinions on the statutes and regulations, etc. that directly affect the local educational autonomy to the Government via the Minister of Education, who shall notify the head of the relevant central administrative agency of the opinions submitted. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 22, 2015>
(4) If the Minister of Education deems the opinions submitted under paragraph (3) inappropriate upon examination, he or she shall give notice to the consultative group thereof, stating the reasons for and details of his or her decision; and if the Minister deems the opinions appropriate, he or she shall provide active cooperation to ensure that such opinions are reflected in related statutes and regulations, etc. <Newly Inserted on Jun. 22, 2015>
(5) The head of the relevant central administrative agency shall examine the appropriateness of the opinions notified under paragraph (3) and inform the Minister of Education of the result thereof within two months from the date of receipt of the notification, and the Minister shall inform the consultative group of the result of the examination notified without delay. <Newly Inserted on Jun. 22, 2015>
(6) Where the consultative group under paragraph (1) deems that the enactment, amendment or repeal of a statute related to local educational autonomy is necessary, it may present written opinions to the National Assembly. <Newly Inserted on Jun. 22, 2015>
(7) The State may provide the consultative group under paragraph (1) with financial support necessary for the operation thereof. <Newly Inserted on Jun. 22, 2015>
(8) The report on establishment of the consultative group under paragraph (1), the operation thereof, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jun. 22, 2015>
CHAPTER VI ELECTION OF SUPERINTENDENTS OF EDUCATION
 Article 43 (Election)
A superintendent of education shall be elected by a universal, equal, direct and secret vote of residents.
[This Article Newly Inserted on Feb. 26, 2010]
 Article 44 (Constituency Election Management)
(1) An election commission attending to the election affairs of constituency (hereinafter referred to as “constituency election commission”), of the affairs concerning the election of superintendent of education, shall be deemed a City/Do election commission under the Election Commission Act.
(2) Article 13 (2) through (6) of the Public Official Election Act shall apply mutatis mutandis to constituency election management for the election of superintendent of education.
[This Article Newly Inserted on Feb. 26, 2010]
 Article 45 (Constituency)
Each superintendent of education shall be elected for the respective City/Do.
[This Article Newly Inserted on Feb. 26, 2010]
 Article 46 (Ban on Engagement of Political Party in Election)
(1) No political party shall recommend a candidate in the election of superintendent of education.
(2) No representative, executive members (referring to the representative and executive members registered under Articles 12 through 14 of the Political Parties Act), and salaried clerical staff of a political party shall support or oppose a specific candidate (including a person who seeks to be a candidate; hereafter in this Article the same shall apply) or otherwise engage in an election with the intent to influence the election (hereafter in this paragraph referred to as “engaging in election”); and no other members of the political party shall engage in an election in the manner that reveals, or enables estimation of, the name of the affiliated political party.
(3) No candidate shall profess that he or she supports or opposes, or is supported or recommended by, a particular political party (including indicating his or her career as a political party member).
[This Article Newly Inserted on Feb. 26, 2010]
 Article 47 (Candidacy of Public Officials)
(1) Any person falling under any of the subparagraphs of Article 53 (1) of the Public Official Election Act who intends to be a candidate shall resign his or her post not later than 90 days before the election day (or before such person files an application for the registration of candidate in a special election held under Article 35 (4) of the Public Official Election Act applicable mutatis mutandis under Article 49 (1)): Provided, That the same shall not apply where a superintendent of education runs in the superintendent of education election of the relevant local government with his or her present post held. <Amended on Dec. 13, 2016>
(2) For the purpose of paragraph (1), the relevant person shall be deemed to have resigned his or her post at the time his or her resignation has been received by the head of the institution or organization to which he or she belongs or by the committee to which he or she belongs.
[This Article Newly Inserted on Feb. 26, 2010]
 Article 48 (Order of Names of Candidates Printed on Ballot Papers)
(1) The names of candidates shall be indicated on the ballot papers and shall be entered in Hangeul in the left-to-right order: Provided, That where there are candidates whose names in Hangeul are same, the Chinese characters shall also be entered in parentheses. <Amended on Feb. 13, 2014>
(2) A constituency election commission shall determine the printing order of candidates on ballot papers by lottery in the presence of candidates or their deputies after candidate registration is closed; and where a candidate or his or her deputy fails to participate in the lottery on time, the chairperson of the competent constituency election commission or a person designated by the chairperson shall draw the lot on behalf of the candidate.
(3) The printing order of candidates on ballot papers under paragraph (2) shall be determined based on the method of circular array by which the order of candidates printed on ballot papers changes in due sequence by local constituency of autonomous Gu/Si/Gun council members (referring to local constituency of Jeju Special Self-Governing Provincial Council members for Jeju Special Self-Governing Province and to local constituency of Sejong Special Self-Governing City Council members for Sejong Special Self-Governing City), as prescribed by the National Election Commission Regulations. <Newly Inserted on Feb. 13, 2014>
(4) Even when a candidate resigns or deceases or the registration of such candidate becomes nullified after the candidate registration period elapses, his or her name shall not be eliminated from the ballot papers. <Amended on Feb. 13, 2014>
(5) A serial number shall be printed on each ballot paper. <Amended on Feb. 13, 2014>
[This Article Newly Inserted on Feb. 26, 2010]
 Article 49 (Application Mutatis Mutandis of the Public Official Election Act)
(1) Except as provided in this Act, Articles 3 through 8, 8-2 through 8-4, 8-6, 9, 10, 10-2, 10-3, 11, 12, 14, 15, 17 through 19, 30 through 46, 48 through 50, 52, 54 through 57, 58 through 60, 60-2 through 60-4, 61, 62 through 74, 79 through 82, 82-2, 82-4 through 82-7, 85, 86 (excluding the proviso of paragraph (2) 2, paragraph (2) 3 and the proviso of paragraph (6)), 87 through 108, 108-2, 109 through 122, 122-2, 135 (excluding the proviso of paragraph (1)), 135-2, 146, 146-2, 147 through 149, 149-2, 151 through 159, 161 through 166, 166-2, 167 through 186, 191 through 206, 211 through 217, 219 through 262, 262-2, 262-3, 263 through 265, 265-2, 266 through 270, 270-2, 271, 271-2, 272, 272-2, 272-3, 273 through 277, 277-2, 278, and 279 of the Public Official Election Act concerning Mayors/Do Governors and Mayor/Do Governor elections shall apply mutatis mutandis to the superintendent of education elections. In such cases, the provisions on independent candidates shall apply mutatis mutandis if any conflict exists between the provisions applicable to party-recommended candidates and independent candidates.
(2) Where the penalty provisions (including provisions on administrative fines; hereafter in this paragraph the same shall apply) of the Public Official Election Act apply mutatis mutandis to superintendent of education elections, with respect to the provisions of the Public Official Election Act other than the penalty provisions not applicable mutatis mutandis under this Act, the penalties shall not apply mutatis mutandis.
(3) Where the Public Official Election Act applies mutatis mutandis under paragraph (1), the following shall apply:
1. “Evidentiary documents” in Article 49 (4) 5 of the Public Official Election Act shall be deemed “evidentiary documents and evidentiary documents relating to career experience under Article 24 (2) of the Local Education Autonomy Act”;
2. “Candidate is found to have registered, in contravention of Article 53 (1) through (3) or (5)” in Article 52 (1) 5 of the Public Official Election Act shall be deemed “relevant person is found to have registered, in contravention of Article 47 (1) of the Local Education Autonomy Act”;
3. “Person who is eligible to become a member of a political party (excluding a public official in political service other than the National Assembly members and local council members)” in the proviso of Article 60 (1) 4 of the Public Official Election Act shall be deemed “ person who is eligible to become a member of a political party (excluding a public official in political service, an assistant, chief secretary, or secretary of a National Assembly member, and a policy research member of a National Assembly negotiation body)”;
4. “Evidentiary documents” in Article 60-2 (2) 2, the former part of paragraph (3), and (4) 1-2 of the Public Official Election Act shall, respectively, be deemed “evidentiary documents and evidentiary documents relating to career experience under Article 24 (2) of the Local Education Autonomy Act”;
5.Article 53 (1) through (3) or (5)” in Article 60-2 (4) 2 of the Public Official Election Act shall be deemed “Article 47 (1) of the Local Education Autonomy Act”;
6. “Public hygiene business office” in Article 61 (5) of the Public Official Election Act shall be deemed “public hygiene business office, an office of a National Assembly member or local council member, and an office of a supporters' association for a National Assembly member under the Political Funds Act”;
7. “Order of the marks of candidates, which are to be entered in ballot papers under Article 150 (such as the order of priority in listing political parties or candidates on ballot papers)” in Article 65 (9) of the Public Official Election Act shall be deemed “printing order of candidates on ballot papers under Article 48 of the Local Education Autonomy Act”;
8. “Public official (excluding a National Assembly member, his or her assistant, chief secretary, and secretary, and a local council member)” in Article 86 (1) of the Public Official Election Act, with the exception of its subparagraphs, shall be deemed “public official”;
9. Where Article 111 (1) of the Public Official Election Act applies mutatis mutandis, neither a National Assembly member nor a local council member shall report the performance of his or her duties and parliamentary activities, for whatever reasons, by any means other than posting a report on the parliamentary activities on the Internet during the period of a superintendent of education election;
10. “Awards (excluding any supplementary award; hereafter in this item the same shall apply)” in the main sentence of Article 112 (2) 2 (i) of the Public Official Election Act shall be deemed “awards (excluding any supplementary award, but including granting supplementary awards at events for students, such as the graduation ceremonies of schools of various levels; hereafter in this item the same shall apply)”;
11. Where the relevant provisions of Chapter XIV of the Public Official Election Act apply mutatis mutandis, if a superintendent of education election and a public official election under the Public Official Election Act are held simultaneously in the area under Article 202 (1) of the same Act, the superintendent of education election and the public official election shall be deemed simultaneous elections;
12. “A crime” in Articles 11 (2) and (3), 135-2 (2) and (4), 262-2 (1), 264, 266 (1), 267 (2), the main sentence of Article 268 (1), 272 (1), the former parts of Article 272 (5) and (7), and 273 (1) of the Public Official Election Act includes “a crime provided for in Article 59 of the Local Education Autonomy Act”; and “Article 259” in Article 260 (1) of the Public Official Election Act shall be deemed “Article 259, and Article 59 of the Local Education Autonomy Act”;
13. “An election criminal” in Article 18 (2), the main sentence of Article 269, and Articles 270 and 270-2 (1) of the Public Official Election Act includes “a person who commits a crime provided for in Article 59 of the Local Education Autonomy Act”;
14. “This Act” in the former part of Article 271 (1) and Articles 271-2 (1), 272-2 (5), and 272-3 (1), (2) and (4) of the Public Official Election Act includes “provisions on the superintendent of education elections under the Local Education Autonomy Act”.
[This Article Newly Inserted on Feb. 26, 2010]
 Article 50 (Application Mutatis Mutandis of the Political Funds Act)
The provisions of the Political Funds Act concerning Mayor/Do Governor elections shall apply mutatis mutandis to superintendent of education elections.
[This Article Newly Inserted on Feb. 26, 2010]
 Article 50-2 (Establishment of Superintendent Transition Committee)
(1) A Superintendent Transition Committee (hereafter in this Article referred to as the “Transition Committee”) may be established in the Office of Education of the relevant City/Do to assist the superintendent-elect in conducting affairs relevant to superintendent transition pursuant to this Act.
(2) The Transition Committee may remain in existence for up to 30 days after the date of commencement of the superintendent of education’s term.
(3) The Transition Committee shall perform the following duties:
1. Ascertainment of the current status of the affairs of the relevant City/Do concerning education and academic sciences;
2. Preparation to establish educational paradigms for the relevant City/Do;
3. Other matters necessary for the transition of the superintendent.
(4) The Transition Committee shall be comprised of one chairperson, one vice chairperson, and not more than 10 members.
(5) The superintendent of education shall appoint or commission those recommended by the superintendent-elect as the chairperson, vice chairperson, and members under paragraph (4).
(6) Other matters necessary for the organization, operation, etc. of the Transition Committee shall be prescribed by ordinance of the relevant local government, as prescribed by Presidential Decree.
(7) Non-public officials who serve or have served as the chairperson, vice chairperson and members of the Transition Committee shall be deemed public officials for the purposes of penalty provisions under the Criminal Act or any other statutes in connection with the duties of the Transition Committee.
[This Article Newly Inserted on Apr. 5, 2013]
CHAPTER VII Deleted.
 Article 51 Deleted. <Dec. 13, 2016>
 Article 52 Deleted. <Dec. 13, 2016>
 Article 53 Deleted. <Dec. 13, 2016>
 Article 54 Deleted. <Dec. 13, 2016>
 Article 55 Deleted. <Dec. 13, 2016>
 Article 56 Deleted. <Dec. 13, 2016>
 Article 57 Deleted. <Dec. 13, 2016>
 Article 58 Deleted. <Dec. 13, 2016>
CHAPTER VIII PENALTY PROVISIONS
 Article 59 (Penalty Provisions)
Any person who violates Article 46 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Dec. 13, 2016; Dec. 3. 2019>
[This Article Newly Inserted on Feb. 26, 2010]
ADDENDA <Act No. 8069, Dec. 20, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007: Provided, That the amended provisions of Articles 21, 22 and 24 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Board of Education and Board Members)
The Board of Education established under the previous provisions and the members thereof as at the time this Act enters into force shall be governed by the previous provisions until August 31, 2010 when the terms of office of the members expire.
Article 3 (Special Cases concerning Board of Education)
(1) The Board of Education under Article 4 shall be established beginning on July 1, 2010; but it shall not be subject to the provisions concerning the authority, etc. of the Board of Education under this Act and shall be regarded as a standing committee that examines and resolves the affairs concerning education and academic sciences in a City/Do council pursuant to Article 50 of the Local Autonomy Act until August 31, 2010.
(2) The Board members to be first elected under this Act shall be elected simultaneously with the election of local council members and the election of heads of local governments held simultaneously in 2010 (hereinafter referred to as “2010 local elections”) under Article 203 (1) of the Public Official Election Act; and the terms of office of such members shall begin on July 1, 2010 and expire on June 30, 2014.
Article 4 (Transitional Measures concerning Terms of Office of Superintendents of Education)
The superintendents of education as at the time this Act enters into force shall be deemed to have been elected under this Act and the terms of office shall be reckoned from the date the terms begin in accordance with the previous provisions.
Article 5 (Special Cases concerning Terms of Office and Election of Superintendents of Education)
(1) Where the term of office of a superintendent of education as at the time this Act enters into force expires before June 30, 2010 and the period between the date following the date the term of office of the superintendent of education expires (including the date the reason for a reelection or special election occurs) and June 30, 2010 is not less than one year, the term of office of the subsequent superintendent of education shall be from the date after the term of office of the preceding superintendent of education expires until June 30, 2010, notwithstanding Article 21: Provided, That where the period between the date following the date the term of office of the superintendent of education expires and June 30, 2010 is less than one year, the person who vicariously exercises the authority of the superintendent of education pursuant to Article 31 shall act on behalf of the superintendent of education from the date following the date the term of office of the superintendent of education expires until June 30, 2010, and the subsequent superintendent of education shall be elected in an election held simultaneously with the 2010 local elections.
(2) Where the term of office of a superintendent of education as at the time this Act enters into force expires on or after June 30, 2010, the term of office of the subsequent superintendent of education shall be from the date following the date the term of office of the preceeding superintendent of education expires until June 30, 2014. In such cases, the subsequent superintendent of education shall be elected in an election held simultaneously with the 2010 local elections.
(3) The term of office of an elected superintendent of education in an election held simultaneously with the 2010 local elections under paragraph (1) shall begin on July 1, 2010.
Article 6 (Special Cases concerning Application of the Public Official Election Act to Elections of Superintendents of Education)
(1) The election of the superintendent of education of a City/Do whose term of office expires within six months after this Act enters into force shall be held during the period between 14 days and 5 days before the superintendent of education’s term of office expires, notwithstanding Article 34 of the Public Official Election Act applicable mutatis mutandis under Article 22 (3). In such cases, the election day shall be determined by the chairperson of the competent City/Do election commission in consultation with the relevant superintendent of education and publicly announced not later than 19 days before the election day.
(2) With respect to the election of superintendents of education held due to the expiration of the term of office before the 2010 local elections after this Act enters into force, Articles 8-2 through 8-4 of the Public Official Election Act shall not apply.
(3) With respect to the election of the superintendent of education of a City/Do held due to the expiration of the term of office within 60 days after this Act enters into force, a national registered as a resident in a district under the jurisdiction of the relevant local government consecutively from the third day after this Act enters into force until the election day shall be deemed to be eligible for the election, notwithstanding the provisions of “60 consecutive days as of the election day” in Article 16 (3) of the Public Official Election Act; “60 days before the election day” in the main sentence of Article 53 (1) of the same Act to be “three days after this Act enters into force”; “90 days before the election day” in Article 60 (2) of the same Act to be “three days after this Act enters into force”; “60 days prior to the election day” in Article 108 (2) of the same Act to be “three days after this Act enters into force”; and “60 days prior to the commencing date of the election period” in Article 227 (2) of the same Act to be “three days after this Act enters into force”.
(4) With respect to the election of the superintendent of education of a City/Do held due to the expiration of the term of office within 90 days after this Act enters into force, “90 days prior to the election day” in Article 93 (2) of the Public Official Election Act shall be deemed to be “three days after this Act enters into force”.
(5) With respect to the election of the superintendent of education of a City/Do held due to the expiration of the term of office within 120 days after this Act enters into force, an application for the registration of preliminary candidate may be filed from three days after this Act enters into force, notwithstanding the provisions of “120 days before the election day” in Article 60-2 (1) 2 of the Public Official Election Act, and the supervisory group of vote rigging or the cyber supervisory group of vote rigging shall be operated from ten days after this Act enters into force, notwithstanding the provisions of “from 120 days prior to the election day” in Articles 10-2 (1) and 10-3 (1) of the same Act.
(6) With respect to the election of the superintendent of education of a City/Do held due to the expiration of the term of office within 180 days after this Act enters into force, the relevant acts shall be deemed to be restricted or prohibited from three days after this Act enters into force to the election day, notwithstanding the provisions of “180 days before the election day” in Articles 90 and 93 (1) of the Public Official Election Act.
(7) With respect to the election (including reelections and special elections) of superintendents of education held due to the expiration of the term of office before the 2010 local elections after this Act enters into force, the ballot hours shall be from 6 a.m. to 8 p.m., notwithstanding Article 155 (1) of the Public Official Election Act, and the absentee voting of a person who resides outside the Gu/Si/Gun with which he or she is registered as a resident among the reported absentees to vote at absentee polling stations shall be made according to examples of residence voters, notwithstanding Article 158 (1) through (3) of the same Act.
(8) The election of superintendents of education held due to the expiration of the term office within 40 days before the beginning of the election held at the expiration of the term of office under Article 34 (1) of the Public Official Election Act after this Act enters into force shall be held simultaneously with the election held at the expiration of the term under Article 34 (1) of the same Act.
(9) For simultaneous elections under paragraph (8), if the election periods and the election affairs schedules of individual elections are different from each other, the simultaneous elections shall be held according to the example of the one whose election period is longer.
Article 7 (Succession to Affairs)
The items on the agenda, minutes, and all other affairs and materials of the former Board of Education shall be succeeded to by the Board of Education newly formed under this Act upon expiration of the terms of office of the Board members.
Article 8 (Transitional Measures concerning Penalty Provisions)
With respect to the application of penalty provisions to any act committed before this Act enters into force, the previous provisions shall prevail.
Article 9 (Relationship with Other Statutes and Regulations)
(1) Any citation of the provisions of the previous Local Education Autonomy Act by other statutes and regulations as at the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act, if such corresponding provisions exist herein.
(2) through (6) Omitted.
ADDENDA <Act No. 8423, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... among the Acts amended under Article 6 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10046, Feb. 26, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 28 and 29 shall enter into force on July 1, 2014.
Article 2 (Period of Validity)
(1) Chapter II, Article 24 (2), and Chapter VII shall remain in force until June 30, 2014.
(2) As the Board of Education is abolished pursuant to paragraph (1), the election of Board members due to the expiration of the term of office as at June 30, 2014 shall not be held.
(3) Article 24 (2) shall not apply beginning with the election of superintendents of education held due to the expiration of the term as at June 30, 2014.
Article 3 (Special Cases concerning Eligibility for Candidacy of Board Members)
Any person who serves or has served as a member of the Board of Education in a City/Do established under the previous provisions as at the time this Act enters into force shall be deemed to have a career required for candidacy of Board member, notwithstanding the amended provisions of Article 10 (2).
Article 4 (Transitional Measures concerning Candidacy for Board Members)
Any member of the Board of Education established in a City/Do under the previous provisions as at the time this Act enters into force may run for election of the Board members and the superintendent of education of the local government with his or her present post held by August 31, 2010.
Article 5 (Transitional Measures concerning Preliminary Candidates for Superintendent of Education Elections)
A preliminary candidate for a superintendent of education election registered pursuant to the Public Official Election Act applicable mutatis mutandis under the previous provisions of this Act as at the time this Act enters into force shall be deemed a preliminary candidate for the superintendent of education election registered pursuant to the Public Official Election Act applicable mutatis mutandis under the amended provisions of this Act.
Article 6 (Transitional Measures concerning Succession to Affairs)
The items on the agenda, minutes, and all other affairs and materials of the Board of Education under this Act shall be succeeded to by a standing committee that examines the affairs concerning education and academic sciences established in a City/Do council in accordance with Article 56 of the Local Autonomy Act at the same time as the validity period of the Board of Education expires.
Article 7 (Transitional Measures concerning Penalty Provisions)
With respect to the application of penalty provisions to any act committed before this Act enters into force, the previous provisions shall prevail; and with respect to the application of penalty provisions to any act committed before expiration of the validity period under Article 2 of the Addenda, the provisions as at the time of the act shall apply.
Article 8 Omitted.
Article 9 (Relationship with Other Statutes and Regulations)
Any citation of the provisions of the previous Local Education Autonomy Act by other statutes and regulations as at the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... Article 3 of the Addenda shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11212, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... Article 3 of the Addenda shall enter into force on January 1, 2016.
Articles 2 and 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.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11724, Apr. 5, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12128, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Following Change of Name to District Office of Education)
Any disposition or other act done by a district office of education, or any report, registration or other act done to a district office of education, under the previous provisions before this Act enters into force shall be deemed to have been done by or to such district office of education.
Article 3 (Relationship with Other Statutes and Regulations Following Change of Name to District Office of Education)
Any citation of “regional office of education” by other statutes and regulations (including any statute or regulation which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive) as at the times this Act enters into force shall be deemed a citation of “district office of education.”
ADDENDA <Act No. 12394, Feb. 13, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24 (2) shall enter into force on July 1, 2014.
Article 2 Omitted.
Article 3 (Relationship with Other Statutes and Regulations)
Any citation of the previous provisions by other statutes and regulations as at the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended under Article 6 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13335, Jun. 22, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 29-3 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14372, Dec. 13, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 14398, Dec. 20, 2016>
This Act shall enter into force on January 1, 2017.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended under Article 5 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16672, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 16682, Dec. 3, 2019>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 17662, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Restrictions on Auxiliary Organizations)
The amended provisions of Article 30 (1) shall also apply to a deputy superintendent assigned on or before the date this Act enters into force.