ENFORCEMENT DECREE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT
Presidential Decree No. 15664, Feb. 24, 1998
Amended by Presidential Decree No. 15772, Apr. 11, 1998
Presidential Decree No. 16137, Feb. 27, 1999
Presidential Decree No. 16522, Aug. 7, 1999
Presidential Decree No. 16729, Feb. 28, 2000
Presidential Decree No. 17023, Dec. 27, 2000
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 17142, Mar. 2, 2001
Presidential Decree No. 17390, Oct. 20, 2001
Presidential Decree No. 17895, Jan. 29, 2003
Presidential Decree No. 18282, Feb. 17, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18551, Sep. 23, 2004
Presidential Decree No. 18690, Jan. 29, 2005
Presidential Decree No. 19057, Sep. 29, 2005
Presidential Decree No. 19507, jun. 12, 2006
Presidential Decree No. 19655, Aug. 24, 2006
Presidential Decree No. 19856, Feb. 1, 2007
Presidential Decree No. 20003, Apr. 12, 2007
Presidential Decree No. 20056, May 16, 2007
Presidential Decree No. 20116, jun. 28, 2007
Presidential Decree No. 20635, Feb. 22, 2008
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 20790, May 26, 2008
Presidential Decree No. 20792, May 27, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21102, Nov. 5, 2008
Presidential Decree No. 21162, Dec. 12, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21215, Dec. 31, 2008
Presidential Decree No. 21375, Mar. 27, 2009
Presidential Decree No. 21688, Aug. 18, 2009
Presidential Decree No. 21767, Oct. 7, 2009
Presidential Decree No. 21809, Nov. 5, 2009
Presidential Decree No. 22062, Feb. 26, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22234, jun. 29, 2010
Presidential Decree No. 22542, Dec. 27, 2010
Presidential Decree No. 22625, Jan. 17, 2011
Presidential Decree No. 22712, Mar. 18, 2011
Presidential Decree No. 22955, jun. 7, 2011
Presidential Decree No. 23184, Sep. 30, 2011
Presidential Decree No. 23241, Oct. 25, 2011
Presidential Decree No. 23303, Nov. 23, 2011
Presidential Decree No. 23314, Nov. 23, 2011
Presidential Decree No. 23396, Dec. 28, 2011
Presidential Decree No. 23435, Dec. 30, 2011
Presidential Decree No. 23658, Mar. 13, 2012
Presidential Decree No. 23746, Apr. 20, 2012
Presidential Decree No. 23975, Jul. 24, 2012
Presidential Decree No. 24810, Oct. 30, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25184, Feb. 18, 2014
Presidential Decree No. 25375, jun. 11, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25819, Dec. 9, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25918, Dec. 30, 2014
Presidential Decree No. 25961, Jan. 6, 2015
Presidential Decree No. 26521, Sep. 15, 2015
Presidential Decree No. 26551, Sep. 25, 2015
Presidential Decree No. 26683, Nov. 30, 2015
Presidential Decree No. 26855, Dec. 31, 2015
Presidential Decree No. 27056, Mar. 25, 2016
Presidential Decree No. 27252, jun. 21, 2016
Presidential Decree No. 27424, Aug. 2, 2016
Presidential Decree No. 27546, Oct. 18, 2016
Presidential Decree No. 27616, Nov. 29, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27773, Jan. 10, 2017
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28012, May 8, 2017
Presidential Decree No. 28112, jun. 20, 2017
Presidential Decree No. 28444, Nov. 28, 2017
Presidential Decree No. 28516, Dec. 29, 2017
Presidential Decree No. 28521, Dec. 29, 2017
Presidential Decree No. 28628, Feb. 9, 2018
Presidential Decree No. 28686, Feb. 27, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29203, Oct. 2, 2018
Presidential Decree No. 29421, Dec. 24, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 30088, Sep. 24, 2019
Presidential Decree No. 30439, Feb. 25, 2020
Presidential Decree No. 30494, Feb. 28, 2020
Presidential Decree No. 30598, Apr. 7, 2020
Presidential Decree No. 30640, Apr. 28, 2020
Presidential Decree No. 30760, jun. 9, 2020
Presidential Decree No. 30829, Jul. 14, 2020
Presidential Decree No. 30893, Aug. 4, 2020
Presidential Decree No. 31021, Sep. 22, 2020
Presidential Decree No. 31138, Nov. 3, 2020
Presidential Decree No. 31349, Dec. 31, 2020
Presidential Decree No. 31541, Mar. 23, 2021
CHAPTER I GENERAL PROVISIONS
| Article 2 (Establishment Standards for Schools) |
Matters concerning the establishment standards for schools such as facilities and equipment to be furnished by any person who intends to establish a school pursuant to Article 4 (1) of the Elementary and Secondary Education Act (hereinafter referred to as the "Act") shall be separately determined by Presidential Decree. <Amended on Sep. 29, 2005>
| Article 3 (Application for Authorization on Establishment of Private Schools) |
Any person who intends to be authorized to establish a private school pursuant to Article 4 (2) of the Act shall submit an application for the establishment of the school to the superintendent of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do or a Special Self-Governing Province (hereinafter referred to as the "superintendent of education"), stating the purpose of establishment, name and location of the school, opening date of the school, etc., accompanied by the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of Education. In such cases, the superintendent of education shall check the cadastral map of a school site and practice site, and the register of a school foundation through administrative data matching under Article 36 (1) of the Electronic Government Act: | 2. | Expenses and maintenance methods; |
| 3. | An arrangement plan and floor plan of school buildings (including gymnasiums); |
| 4. | A plan for an annex school to be established, if any; |
| 5. | Where the founder is a corporation, documents on contributions; |
| 6. | Where the founder is a private person, documents on the payment of expenses and capacity for repayment; |
| 7. | Documents on facilities and other documents prescribed by Ordinance of the Ministry of Education. |
[This Article Wholly Amended on Jan. 6, 2015]
| Article 4 (Application for Authorization on Closure of Private Schools) |
Any founder or manager of a private school who intends to obtain authorization on the closure of the private school pursuant to Article 4 (3) of the Act shall submit an application to the superintendent of education, stating the causes for closure, date of closure, etc., accompanied by the following documents (including electronic documents), as prescribed by Ordinance of the Ministry of Education: | 1. | Documents on dealing with students and the school register; |
| 2. | Documents on the disposal of property of the private school to be closed and other documents prescribed by Ordinance of the Ministry of Education. |
[This Article Wholly Amended on Jan. 6, 2015]
| Article 5 (Application for Authorization on Modification of Authorized Matters of Private Schools) |
| 1. | A founder of the school; |
| 2. | Objectives of establishment of the school; |
| 3. | The name of the school; |
| 4. | The location of the school; |
| 5. | A cadastral map of a school site and practice site; |
| 6. | Expenses required for the school and maintenance methods; |
| 7. | A floor plan of school buildings (including gymnasiums); |
| 8. | A plan for an annex school to be established. |
| (2) | Any founder or manager of a private school who intends to obtain authorization on modification pursuant to Article 4 (3) of the Act shall submit an application to the superintendent of education, stating the causes for modification, modified matters, date of the modification, etc., accompanied by the documents (including electronic documents) related to the modification, as prescribed by Ordinance of the Ministry of Education. |
[This Article Wholly Amended on Jan. 6, 2015]
| Article 6 Deleted. <Jan. 29, 2005> |
Matters necessary for the operation of annex schools referred to in Article 5 of the Act shall be determined by a guidance and supervisory agency referred to in Article 6 of the Act (hereinafter referred to as "competent authority") to the extent of statutes and regulations.
| Article 8 (Guidance for Encouragement of Learning) |
In conducting guidance for encouragement of learning under Article 7 of the Act, the superintendent of education shall establish, each school year, detailed plans concerning those subject to guidance, the procedures, items and methods of guidance, the disposition of results, etc. and shall notify targeted schools thereof in advance. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013; Oct. 30, 2013>
| Article 9 (Matters to Be Specified in School Regulations) |
| (1) | School regulations (hereinafter referred to as "school regulations") under Article 8 of the Act shall specify the following matters: <Amended on Jan. 29, 2005; Mar. 18, 2011; Apr. 20, 2012; Oct. 29, 2012; Feb. 25, 2020> |
| 1. | The term of school years, academic years, semesters and holidays; |
| 2. | The organization of classes and the number of students; |
| 3. | Subjects, the number of school days and examinations, and recognition of completion of a course; |
| 4. | Admission, re-admission, transfer admission, transfer, academic leave, expulsion, completion of a course, and graduation; |
| 5. | Early promotion to a higher grade, early graduation, and granting qualifications for early admission to a school of higher grade; |
| 6. | Collection of tuition fees, admission fees, or other expenses; |
| 7. | Awarding and punishing students, methods of disciplines necessary for educational purposes, and matters relating to students' school life such as protecting educational and research activities in a school and other matters; |
| 8. | The organization and operation of students' activities; |
| 9. | Amendment procedures of school regulations; |
| 10. | Other matters prescribed by statutes and regulations. |
| (2) | Deleted. <Jan. 29, 2005> |
| (3) | School regulations of a school which has established and manages the following schools, departments, courses or facilities shall include matters on their establishment, in addition to those referred to in each subparagraph of paragraph (1): <Amended on Feb. 15, 2013> |
| (4) | The head of a school shall, in advance, hear the opinions of students, parents, and teachers when enacting or amending school regulations concerning matters referred to in paragraph (1) 7 through 9 as prescribed by school regulations and endeavor to reflect such opinions. <Newly Inserted on Mar. 18, 2011; Apr. 20, 2012; Feb. 15, 2013> |
[Title Amended on Mar. 18, 2011]
| Article 10 (Assessment of Students) |
Matters necessary for assessing the academic achievement of students under Article 9 (1) of the Act shall be determined by the Minister of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013>
| Article 11 (Classification of Institutions to Be Assessed) |
| (1) | The assessment of the Offices of Education which belong to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do") prescribed in Article 9 (2) of the Act (hereinafter referred to as "assessment of City/Do Offices of Education") may be conducted by classifying them into the offices of education of the Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City, and the offices of education of a Do and a Special Self-Governing Province, based on the differences in educational circumstances, etc. by region. <Amended on Feb. 15, 2013> |
| (2) | The assessment of schools referred to in Article 9 (2) and (3) of the Act (hereinafter referred to as "assessment of school") shall be conducted for national, public, and private elementary schools, middle schools, high schools, and special schools, and such assessment may be conducted by each type of school, based on their features, such as the number of students and the circumstances of each region. <Amended on Feb. 15, 2013> |
| (3) | The assessment of educational administrative agencies under the jurisdiction of the superintendents of education prescribed in Article 9 (3) of the Act (hereinafter referred to as "assessment of local educational administrative agencies”) may, if necessary, be conducted by dividing the subjects of assessment as follows: <Amended on Oct. 2, 2018> |
| 1. | Main offices of City/Do offices of education; |
| 2. | District offices of education; |
| 3. | Other educational administrative agencies under the jurisdiction of the superintendents of education. |
[This Article Wholly Amended on Mar. 18, 2011]
[Title Amended on Feb. 15, 2013]
| Article 12 (Standards for Assessment) |
| (1) | The assessment of City/Do Offices of Education and the assessment of local educational administrative agencies shall be conducted, based on each of the following: <Amended on Feb. 15, 2013; Mar. 23, 2013; Jun. 11, 2014; Oct. 2, 2018> |
| 1. | Planning and management of the budget; |
| 2. | Operation and supervision of schools, educational institutions, etc. under the jurisdiction; |
| 3. | Support for school education and educational achievement; |
| 4. | Education welfare of students and teachers; |
| 5. | Other matters deemed necessary by the Minister of Education or the superintendent of education. |
| (2) | The assessment of schools shall be conducted, based on each of the following: <Amended on Feb. 15, 2013; Mar. 23, 2013> |
| 1. | Operation of curricula and teaching and learning methods; |
| 2. | Educational activities and educational achievement; |
| 3. | Other matters deemed necessary by the Minister of Education or the superintendent of education. |
[This Article Wholly Amended on Mar. 18, 2011]
| Article 13 (Procedures and Disclosure of Assessment) |
| (1) | The Minister of Education shall formulate a master plan for the assessment of City/Do Offices of Education and announce it before every school year begins. <Amended on Jan. 29, 2001; Feb. 29, 2008; Feb. 15, 2013; Mar. 23, 2013> |
| (2) | The superintendent of education shall formulate a master plan for the assessment of local educational administrative agencies and the assessment of schools and announce it before every school year begins. <Amended on Feb. 15, 2013; Jun. 11, 2014; Oct. 2, 2018> |
| (3) | The assessment of City/Do Offices of Education, local educational administrative agencies, and schools shall be conducted based on quantitative assessment, by using materials stored in the educational information system referred to in Article 30-4 of the Act and public information referred to in Article 5 of the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions: Provided, That if it is deemed impracticable to conduct an accurate assessment only by quantitative assessment, it may be accompanied by qualitative assessment conducted by using a written assessment, questionnaires, interviews with the relevant persons, etc. <Newly Inserted on Mar. 18, 2011; Feb. 15, 2013; Jun. 11, 2014; Oct. 2, 2018> |
| (4) | Except in cases deemed specifically necessary, the Minister of Education or the superintendent of education shall disclose the results of the assessment. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Feb. 15, 2013; Mar. 23, 2013> |
| (5) | Except as provided in this Decree, matters necessary for the assessment of City/Do Offices of Education shall be determined by the Minister of Education, and matters necessary for the assessment of local educational administrative agencies shall be determined by the superintendent of education. <Amended on Feb. 15, 2013; Mar. 23, 2013; Oct. 2, 2018> |
| Article 13-2 (Exceptions to Free High School Education) |
[This Article Newly Inserted on Feb. 25, 2020]
[Previous Article 13-2 moved to Article 13-3 <Feb. 25, 2020>]
[Enforcement Date] The amended provisions of Article 13-2 shall consecutively enter into force as follows: | 1. | The year of 2020: Free education for students in the second and third year of high school, etc.; |
| 2. | The year of 2021 and thereafter: Free education for students in all years of high school, etc. |
| Article 13-3 (Information to Be Collected through Educational Statistics Surveys) |
The educational statistics survey on elementary and secondary education under Article 11-2 (1) of the Act (hereinafter referred to as "educational statistics survey") shall examine the following: | 1. | The names, types, locations, and current state of facilities, etc. of schools; |
| 2. | Matters concerning students and graduates; |
| 3. | Matters concerning teachers and staff; |
| 4. | Matters concerning the staff of educational administrative agencies related to elementary and secondary education; |
| 5. | Matters concerning the financial affairs of educational administrative agencies related to elementary and secondary education; |
| 6. | Other matters that the Minister of Education deems necessary for educational statistics surveys. |
[This Article Newly Inserted on Jun. 20, 2017]
[Moved from Article 13-2; previous Article 13-3 moved to Article 13-4 <Feb. 25, 2020>]
| Article 13-3 (Procedures for Educational Statistics Surveys and Disclosure of Result Thereof) |
| (1) | Educational statistics surveys shall be conducted by dividing them into periodic surveys and occasional surveys. |
| (2) | Periodic surveys shall be conducted as of April 1 and October 1 each year, and occasional surveys shall be conducted where deemed necessary by the Minister of Education. |
| (3) | The Minister of Education shall finalize the guidelines for educational statistics surveys including the standardized classification system for the survey before the base date of periodic survey under paragraph (2), and shall notify the superintendent of education and the heads of schools of each level, thereof. |
| (4) | The superintendent of education and the heads of schools of each level shall prepare data in accordance with the guidelines for educational statistics survey under paragraph (3) and submit the data to the Minister of Education within 30 days from the survey base date under paragraph (2). |
| (5) | Where it is necessary to correct or supplement the data received pursuant to paragraph (4), the Minister of Education may request the superintendent of education or the heads of schools of each level to correct and supplement said data. |
| (6) | Upon completion of an educational statistics survey, the Minister of Education shall disclose the result thereof in a way that can be widely disseminated, such as posting on the website of the Ministry of Education. <Amended on Sep. 22, 2020> |
| (7) | In order to collect and manage educational statistics data, the Minister of Education may establish and operate a system that processes, records and manages information on educational statistics by integrating and connecting them (hereinafter referred to as "educational statistics survey system"). |
| (8) | The Minister of Education may exchange information and cooperate with international organizations, foreign governments or foreign organizations for the development of educational statistics. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for educational statistics surveys shall be determined by the Minister of Education. |
[This Article Newly Inserted on Jun. 20, 2017]
[Moved from Article 13-3; previous Article 13-4 moved to Article 13-5 <Feb. 25, 2020>]
| Article 13-5 (Preparation of Education-Related Indices and Predictive Statistics) |
| (1) | The education-related indices and predictive statistics under Article 11-2 (2) of the Act (hereafter in this Article referred to as "education-related indices and predictive statistics") shall include the following: |
| 1. | Indices relating to students and graduates; |
| 2. | Indices relating to the teachers and staff of the schools; |
| 3. | Indices relating to educational conditions of schools; |
| 4. | Estimation of and forecast for the number of students; |
| 5. | Other education-related indices and predictive statistics deemed necessary by the Minister of Education for efficiently formulating, implementing, and evaluating elementary and secondary education policies. |
| (2) | The Minister of Education shall formulate a plan necessary for preparing education-related indices and predictive statistics before preparing them. In such cases, the relevant plan shall include matters related to the development, calculation, management, utilization, disclosure, etc. of education-related indices and predictive statistics. |
| (3) | When the Minister of Education prepares education-related indices and predictive statistics related to personal information, he or she shall compute them by gender so that the circumstances and characteristics of each gender can be known. |
| (4) | Where the Minister of Education has prepared education-related indices and predictive statistics, he or she shall disclose the results thereof in a way that can be widely disseminated, such as posting on the website of the Ministry of Education. |
| (5) | The Minister of Education and the superintendent of education shall utilize the indices and predictive statistics related to education as base data when formulating education policies or measuring the outcomes thereof. |
| (6) | The Minister of Education may establish and operate an information system for efficiently managing and utilizing education-related indices and predictive statistics. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for preparing education-related indices and predictive statistics shall be determined by the Minister of Education. |
[This Article Newly Inserted on Sep. 22, 2020]
[Previous Article 13-5 moved to Article 13-6 <Sep. 22, 2020>]
| Article 13-6 (Designation of National Educational Statistics Center and Entrustment of Affairs) |
| (2) | Pursuant to Article 11-2 (8) of the Act, the Minister of Education shall entrust the following affairs to the Korean Educational Development Institute: <Amended on Feb. 25, 2020; Sep. 22, 2020> |
| 3. | Affairs related to the establishment and operation of an educational statistics survey system under Article 13-4 (7) and of an information system under Article 13-5 (6). |
[This Article Newly Inserted on Jun. 20, 2017]
[Moved from Article 13-5 <Sep. 22, 2020>]
CHAPTER II COMPULSORY EDUCATION
| Article 14 (Consultation of Entrustment) |
| (1) | Where the superintendent of education intends to establish and manage elementary schools, middle schools and special schools jointly with any adjoining local government, or to entrust education for some of those subject to compulsory education pursuant to Article 12 (3) of the Act, he or she shall consult with the superintendent of education on the school location, zones entrusted, sharing expenses, and other necessary matters. In such cases, matters concerning expenses to be incurred in relation to entrustment of compulsory education at middle schools and the calculation of such expenses shall be governed by the Minister of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where no agreement is reached through consultation under the former part of paragraph (1), they may be determined by the Minister of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013> |
| Article 15 (Making List of Schoolchildren) |
| (1) | The head of an Eup/Myeon/Dong shall investigate children living in his or her jurisdiction as of October 1 every year who reach six years of age from January 1 to December 31 of the year (excluding those who are enrolled in school after entering an elementary school in the next year of the year in which the date of reaching five years of age falls pursuant to the former part of Article 13 (2) of the Act) and make a list of schoolchildren by October 31 of the year. In such cases, children excluded from a list of schoolchildren because they have requested admission deferral in the year in which the date of reaching six years of age falls pursuant to paragraph (3) shall be included therein. <Amended on May 27, 2008> |
| (2) | Any guardian of sons and daughters or children who seek admission to a school in the next year of the year in which the date of reaching five years of age falls shall file an application for early admission to a school with the head of an Eup/Myeon/Dong from October 1 to December 31 of the year in which the date of reaching five years of age falls, pursuant to the former part of Article 13 (2) of the Act. <Newly Inserted on May 27, 2008> |
| (3) | Any guardian of sons and daughters or children who wish to enter a school in the next year of the year in which the date of reaching seven years of age falls shall file an application for admission deferral with the head of an Eup/Myeon/Dong from October 1 to December 31 of the year in which the date of reaching six years of age falls, pursuant to the former part of Article 13 (2) of the Act. <Newly Inserted on May 27, 2008> |
| (4) | The head an Eup/Myeon/Dong who has received an application for early admission to a school pursuant to paragraph (2) or an application for admission deferral pursuant to paragraph (3) shall record children subject to early admission to a school in a list of schoolchildren, and exclude children subject to admission deferral from the list of schoolchildren. In such cases, the list of children subject to admission deferral shall be submitted to the head of the district office of education. <Newly Inserted on May 27, 2008; Oct. 18, 2016> |
| (5) | Where the head of an Eup/Myeon/Dong makes a list of schoolchildren pursuant to paragraph (1), he or she shall take necessary measures so that any child's guardian can inspect it for a specified period of not less than 10 days. <Amended on May 27, 2008> |
| (6) | The head of an Eup/Myeon/Dong shall, if a prospective schoolchild on March 1 next year moves into his or her jurisdiction after the base date on which a list of schoolchildren referred to in paragraph (1) has been made, enter him or her without delay in a list of schoolchildren. <Amended on May 27, 2008> |
| (7) | Matters necessary for the investigation and making a list of schoolchildren under the provisions of paragraphs (1) through (6) shall be determined by the superintendent of education. <Amended on Jan. 29, 2001; Feb. 1, 2007; May 27, 2008> |
| Article 16 (Notification of Admission Date) |
| (1) | The head of a district office of education shall determine the admission date and school districts of prospective schoolchildren in the following year and notify the head of an Eup/Myeon/Dong no later than November 30 of the preceding year of the year in which the admission date falls: Provided, That the school districts of elementary school attached to teachers' colleges, colleges of education, comprehensive teachers training colleges (hereafter referred to as "teachers' colleges, etc." in this Article), and private elementary schools shall not be designated. <Amended on May 27, 2008> |
| (2) | The head of an elementary school attached to a teachers' college, etc. and the head of a private elementary school shall notify the head of an Eup/Myeon/Dong of a list of children who are admitted to schools by December 10 of the preceding year of the year in which the admission date falls. <Amended on May 27, 2008> |
| (3) | In determining school districts pursuant to the main clause of paragraph (1), the head of the district office of education shall take account into organization of classes and facilities for attending school and hear opinions from the head of an Eup/Myeon/Dong. |
| Article 17 (Notice of School Enrollment) |
| (1) | Upon receipt of notification under the main clause of Article 16 (1), the head of an Eup/Myeon/Dong shall give to prospective schoolchildren's guardians a notice of school enrollment no later than December 20 of the preceding year of the year in which the admission date falls, designating prospective schools for them to enter and specifying admission dates. <Amended on May 27, 2008> |
| (2) | When the head of an Eup/Myeon/Dong gives a notice of school enrollment pursuant to paragraph (1), he or she shall prepare a list containing the following matters concerning the prospective schoolchildren and notify, without delay, the heads of schools to which the children are going to enter, of such list: <Amended on Oct. 18, 2016> |
| 1. | The name, resident registration number, and address; |
| 2. | Guardian's name, date of birth, address and contact details. |
| (3) | Where any change occurs regarding children's enrollment to a school after notification under paragraph (2), the head of an Eup/Myeon/Dong shall notify the guardians of prospective schoolchildren and the heads of schools to which they are going to enter, without delay. <Amended on May 27, 2008> |
| (4) | Where a notice of school enrollment prescribed in paragraph (1) cannot be given due to the absence, unknown address, etc. of the guardian of a child, the head of an Eup/Myeon/Dong may request the head of a police station having jurisdiction over the place of residence of the relevant child to provide assistance necessary for identifying the child's location. In such cases, the head of the police station upon receipt of such request shall render cooperation actively, unless there is a compelling reason not to do so. <Newly Inserted on Oct. 18, 2016; Oct. 2, 2018> |
| Article 18 (Change of Schools to Enter) |
| (1) | Where a child's guardian intends to have the child enter an elementary school which is not a designated school, for inevitable reasons, he or she shall obtain approval from the head of the school that he or she intends to have the child enter. <Amended on Feb. 27, 1999; Feb. 15, 2013> |
| (2) | Where the head of a school approves admission pursuant to paragraph (1), he or she shall notify such fact to the head of the Eup/Myeon/Dong having jurisdiction over the place of residence of the child and the head of the school initially designated. <Newly Inserted on Feb. 27, 1999; Oct. 18, 2016> |
[Title Amended on Feb. 15, 2013]
| Article 19 (Admission and Transfer of Students Returning from Overseas and Multicultural Students) |
| (1) | The guardian of any of the following children or students (hereafter referred to as "returning student, etc." in this Article) may apply for the admission or transfer of a returning student, etc. with the head of an elementary school in the school district where his or her residence is located, instead of taking the procedures for admission or transfer under Articles 17 and 21: <Amended on Dec. 27, 2010; Oct. 30, 2013> |
| 1. | A child or student who has returned to the Republic of Korea from a foreign country; |
| 2. | A child or student, being a child of a Korean national residing abroad; |
| 3. | A child or student, being a North Korean refugee as defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act; |
| 4. | A foreign child or student; |
| 5. | Other children or students who cannot take the procedures for admission or transfer under Articles 17 and 21 for the reason that he or she did not reside in the Republic of Korea before he or she is admitted or transfers to an elementary school, or has no school record in the Republic of Korea. |
| (2) | The head of an elementary school who receives an application under paragraph (1) shall verify the details of the certificate of the entry into and departure from Korea, or of the certificate of an alien registration under Article 88 of the Immigration Act through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the guardian of a returning student, etc. does not consent to such verification, the head of the relevant school shall have him or her submit any of the following documents: <Newly Inserted on Dec. 27, 2010> |
| 1. | A document that proves the entry into and departure from Korea and verify the alien registration; |
| 2. | A document that verifies his or her residence in Korea, such as a written lease contract or letter of guarantee from his or her neighbor. |
| (3) | Children who have returned to the Republic of Korea from abroad may, notwithstanding paragraph (1), be admitted or transfer to elementary schools which have established special classes for returning students, as prescribed by the superintendent of education. <Amended on Dec. 27, 2010; Oct. 30, 2013> |
| (4) | Children or students who are members of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act (hereinafter referred to as "multicultural students") may, notwithstanding Articles 17 and 21, be admitted or transfer to elementary schools which have established special classes for multicultural students, as prescribed by the superintendent of education. <Newly Inserted on Oct. 30, 2013> |
[Title Amended on Oct. 30, 2013]
| Article 20 Deleted. <May 27, 2008> |
| Article 21 (Procedures for Change of Schools at Elementary Schools) |
| (1) | Where any elementary school student intends to change schools due to a change of address, his or her guardian shall inform such fact to the head of the school which he or she attends and the head of the school designated by the head of the Eup/Myeon/Dong having jurisdiction over the area into which the relevant student moves as the school slated for his or her transfer, respectively. <Amended on Oct. 30, 2013; Oct. 18, 2016> |
| (2) | Where the head of an Eup/Myeon/Dong designates a school slated for a student's transfer pursuant to paragraph (1), he or she shall, without delay, notify the head of the school slated for his or her transfer of such fact of the student's transfer. <Newly Inserted on Oct. 18, 2016> |
| (3) | The head of a school in receipt of a notification on the fact of a student's transfer from his or her guardian pursuant to paragraph (1), shall check the electronic data of resident registration under Article 30 (1) of the Resident Registration Act by sharing administrative information under Article 36 (1) of the Electronic Government Act to ascertain the change of address of the relevant student: Provided, That if the guardian of the relevant student fails to give consent to such ascertainment, he or she shall be required to submit a document substantiating the change of the address. <Newly Inserted on Oct. 18, 2016> |
| (4) | Where any electronic data of resident registration is shared by the head of a school pursuant to paragraph (3), fees therefor shall be exempted. <Newly Inserted on Oct. 18, 2016> |
| (5) | Where a student changes schools, the head of the school to which he or she transfers shall request the head of the school from which he or she transfers to transmit his or her school records (where there is no school record, any data made available in lieu thereof) and health record, and the head of the school from which he or she transfers shall transmit them. <Amended on Oct. 18, 2016> |
| (6) | Where the head of an elementary school deems that it is necessary to change the educational environment for a student due to the student's misfit in his or her school life or for family reasons, he or she may request the student's transfer to the head of the district office of education with the consent of either of the student's guardians. In such cases, the head of the district office of education may, notwithstanding the provisions of paragraph (1), designate a school for transfer and allow the change of schools. <Amended on Oct. 18, 2016> |
| (7) | Notwithstanding paragraph (6), where it is deemed difficult for a student to change schools with the consent of his or her guardian by falling under any of the following cases, the head of the elementary school may recommend the student's transfer to the head of the district office of education, following deliberation by the compulsory education management committee established under Article 25-2 (1). In such cases, the head of the district office of education may allow the student to change schools by designating a school slated for his or her transfer: <Newly Inserted on Oct. 18, 2016> |
| 1. | Where adjudication of restriction on the exercise of parental authority or on the loss of parental authority against the person with parental authority is claimed under any other statute and there is no other guardian who will exercise parental authority or perform the duties of the guardian; |
| 2. | Where appointment of a guardian is claimed to the court under any other statute for the student who has no person with parental authority or guardian; |
| 3. | Where the replacement of the student's guardian is claimed to the court under any other statute by the student's guardian. |
| (8) | In transferring a student to another school pursuant to paragraph (6) or (7), the head of an elementary school and the head of a district office of education shall manage and supervise in such a way that the fact of his or her changing schools may not be disclosed without good reasons to any other person than those related to the change of schools. <Newly Inserted on Oct. 18, 2016> |
| (9) | The head of an elementary school may acknowledge the period of absence caused by the transfer procedures under paragraph (6) or (7) as the period of attendance. <Newly Inserted on Oct. 18, 2016> |
| Article 22 Deleted. <Oct. 18, 2016> |
| Article 23 Deleted. <Feb. 15, 2013> |
| Article 24 Deleted. <Feb. 15, 2013> |
| Article 25 (Urging, Warning, and Notification of School Enrollment by Heads of Elementary Schools and Middle Schools) |
| (1) | Where any child expected to be enrolled in a school or any student who is enrolled in a school falls under any of the following cases, the head of the relevant elementary school or middle school shall urge without delay his or her guardian or employer to have the relevant child or student be enrolled in or attend the school or warn him or her not to hinder the child or student from receiving compulsory education: <Amended on Oct. 18, 2016> |
| 1. | Where the child or student fails to be admitted or re-enrolled, transfer, or gain transfer admission to the school within two days from the scheduled date of admission, re-enrollment, transfer, or transfer admission to the school; |
| 2. | Where the child or student is absent from school for at least two consecutive days without any good cause; |
| 3. | Where the student is hindered from receiving compulsory education by his or her employer. |
| (2) | Where necessary for urging pursuant to paragraph (1), the head of an elementary school or a middle school may visit the home of the relevant child or student or require his or her guardian to be present at the school. <Newly Inserted on Oct. 18, 2016> |
| (3) | Where the head of an elementary school or a middle school visits a home pursuant to paragraph (2), he or she may request the head of an Eup/Myeon/Dong having jurisdiction over the place of residence of the relevant child or student to accompany him or her; and if necessary, he or she may request cooperation from the head of the police station having jurisdiction over the place of residence of the relevant child or student. In such cases, the head of the Eup/Myeon/Dong or the head of the police station who receives such request shall render cooperation therefor actively, unless there is a compelling reason not to do so. <Newly Inserted on Oct. 18, 2016; Oct. 2, 2018> |
| (4) | Where any child expected to be enrolled in a school or any student who is enrolled in a school falls under any of the following cases, the head of the relevant elementary school or middle school shall notify the following matters to the head of the Eup/Myeon/Dong and the head of the district office of education having jurisdiction of the place of residence of the relevant child or student for an elementary school or to the head of the district office of education for a middle school, respectively: <Amended on Oct. 18, 2016> |
| 1. | Where the situation continues even three days after urging or warning pursuant to paragraph (1) or after urging or warning at least two times: The progress thereof; |
| 2. | Where there is any child or student whose address and actual place of residence are different from each other among the children or students falling under any subparagraph of paragraph (1): his or her name and resident registration number. |
| (5) | In order to enable a student managed on a supernumerary school register pursuant to Article 29 (1) to attend a school at the timing classified as follows, the head of an elementary school or a middle school shall notify the guardian of the relevant student thereof by no later than one month before the arrival of the relevant timing: <Newly Inserted on Oct. 18, 2016> |
| 1. | For a student whose obligation of school enrollment is postponed: At the time the period of postponement terminates; |
| 2. | For a student who has been absent from a school for a long period: At the time a school year commences. |
[Title Amended on Oct. 18, 2016]
| Article 25-2 (Establishment of Compulsory Education Management Committee) |
| (1) | In order to deliberate on the following matters (in cases of a middle school, limited to subparagraphs 2 and 3) concerning the sons and daughters or children (hereinafter referred to as "persons subject to school enrollment") of guardians obligated to enroll them in a school pursuant to Article 13 of the Act, a compulsory education management committee shall be established in each elementary and middle school (hereinafter referred to as "compulsory education management committee"), respectively: |
| 1. | Matters concerning the recommendation for changing schools under Article 21 (7); |
| 2. | Matters concerning the decision on exemption from or postponement of the obligation of school enrollment under Article 28 (2) and (3); |
| 3. | Other matters requested by the head of an elementary school or a middle school for deliberation to manage persons subject to school enrollment. |
| (2) | A compulsory education management committee shall be comprised of at least five and not more than seven members, including the head of the relevant school who shall be the chairperson. In such cases, at least one of the following external experts shall be included therein: |
| 1. | A police officer belonging to the police station having jurisdiction over the area where the relevant school is located; |
| 2. | A public official exclusively in charge of social welfare service, belonging to the Eup/Myeon/Dong office having jurisdiction over the area where the relevant school is located; |
| 3. | An official from a child protection institution in the area where the relevant school is located. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary to organize and operate a compulsory education management committee shall be prescribed by school regulations. |
[This Article Newly Inserted on Oct. 18, 2016]
| Article 26 (Urging and Warning for School Enrollment and Reporting by Head of Eup/Myeon/Dong and Heads of District Offices of Education) |
| (1) | Where the head of an Eup/Myeon/Dong or the head of a district office of education (for a middle school, referring only to the head of a district office of education; hereafter in this Article the same shall apply) is notified of the matters prescribed in Article 25 (4) 1 pursuant to the provisions, , with the exception of the subparagraphs, Article 25 (4), he or she shall urge without delay the guardian or employer of the relevant child or student to have the relevant child or student be enrolled in or attend the school or warn him or her not to hinder the child or student from receiving compulsory education. |
| (2) | Where necessary for urging pursuant to paragraph (1), the head of an Eup/Myeon/Dong or the head of a district office of education may visit the home of the relevant child or student. |
| (3) | Where the head of an Eup/Myeon/Dong or the head of the district office of education visits a home pursuant to paragraph (2), he or she may request the head of a school in which the relevant child or student is to be or is enrolled to accompany him or her; and if necessary, he or she may request cooperation from the head of the police station having jurisdiction over the place of residence of the relevant child or student. In such cases, the head of the school or the head of the police station who receives such request shall render cooperation therefor actively, unless there is a compelling reason not to do so. <Amended on Oct. 2, 2018> |
| (4) | Where the situation continues even after urging or warning under paragraph (1) at least two times, the head of the district office of education shall report such progress to the superintendent of education without delay. |
[This Article Wholly Amended on Oct. 18, 2016]
| Article 27 (Measures for Encouragement of School Enrollment) |
| (1) | The superintendent of education shall at any time examine and check the conditions for encouraging school enrollment for compulsory education, and take necessary measures. |
| (2) | Where a person responsible for encouraging school enrollment or a police officer locates a school-aged child who prowls the streets, he or she shall investigate the reasons thereof and take appropriate measures for encouraging school enrollment. |
| Article 27-2 (Establishment of Organization Exclusive for Management of School Enrollment) |
| (1) | In order to exercise overall control over the affairs related to the management of school enrollment of persons subject to school enrollment and to establish and operate a systematic cooperation system with institutions and organizations related to the protection of children, the superintendent of education and the head of a district office of education shall respectively establish an organization exclusive for the management of school enrollment under his or her jurisdiction, as prescribed by the related statutes and regulations, such as the Regulations on Administrative Organizations of Local Educational Administrative Agencies and Standards for the Prescribed Number of Their Personnel. |
| (2) | Each organization exclusive for the management of school enrollment to be established under paragraph (1) under the jurisdiction of the superintendent of education and the head of a district office of education (hereinafter referred to as "exclusive organization") shall perform the following duties (matters prescribed in subparagraph 5 (d) shall be performed only by an exclusive organization established under the jurisdiction of the superintendent of education): |
| 1. | Identification of the status of persons subject to enrollment; |
| 2. | Fact-finding surveys of the status of fulfilling the obligation of school enrollment; |
| 3. | Checking and inspection of the status of urging to fulfill the obligation of school enrollment; |
| 4. | Checking of the operation status of the system for exemption and postponement of the obligation of school enrollment referred to in Article 14 of the Act and setting a direction for improvement; |
| 5. | Checking of whereabouts and safety of the following children or students, and management of their school enrollment: |
| (a) | Children who have been notified as those subject to admission deferral under the latter part of Article 15 (4); |
| (b) | Children or students concerning whom the progress of situation has been notified or reported pursuant to Article 25 (4) or 26 (4) for reasons of failing to attend school or long-term absence; |
| (c) | Children or students whose obligation of school enrollment is exempted or postponed pursuant to Article 28; |
| (d) | Children or students concerning whom the progress of situation has been notified pursuant to Article 92-2 (2) for reasons of long-term absence, disenrollment, dropout or expulsion; |
| 6. | Other matters that the superintendent of education or the head of a district office of education deems necessary for the management of persons subject to school enrollment. |
| (3) | Where the exclusive organization deems it necessary to perform the duties set forth in the subparagraphs of paragraph (2), the superintendent of education or the head of a district office of education may request cooperation from the following institutions and organizations: |
| 1. | The police station having jurisdiction over the place of residence of a person subject to school enrollment; |
| (4) | Except as provided in paragraphs (1) through (3), detailed matters necessary to organize and operate an exclusive organization shall be determined by the superintendent of education. |
[This Article Newly Inserted on Oct. 18, 2016]
| Article 28 (Exemption or Postponement of Obligation of School Enrollment) |
| (1) | A guardian of a child or student who intends to be exempted from or be granted a postponement of the obligation of school enrollment pursuant to Article 14 of the Act, shall file an application for the exemption or postponement of the obligation of school enrollment with the head of the school in which the relevant child or student is to be or is enrolled. |
| (2) | The head of a school in receipt of an application for exemption or postponement of the obligation of school enrollment pursuant to paragraph (1) shall determine whether to grant exemption or postponement of the obligation of school enrollment, following deliberation by the compulsory education management committee. |
| (3) | Notwithstanding paragraph (1), if the guardian of a child or student is unable to apply for exemption or postponement of the obligation of school enrollment due to any extenuating circumstances, such as missing of the guardian of the child or student, the head of the school in which the relevant child or student is to be or is enrolled may identify the reasons therefor and determine whether to grant exemption or postponement of the obligation of school enrollment, following deliberation by the compulsory education management committee. |
| (4) | The head of an elementary school or a middle school shall grant the exemption or postponement of the obligation of school enrollment pursuant to paragraph (2) or (3) only where the application thereof is filed because of illness or any extenuating circumstances determined by the superintendent of education. |
| (5) | Upon making a decision on the exemption or postponement of the obligation of school enrollment pursuant to paragraph (2) or (3), the head of an elementary school or a middle school shall notify the details thereof to the guardian, the head of Eup/Myeon/Dong, and head of the district office of education for an elementary school, or to the guardian, the head of the district office of education for a middle school, respectively: Provided, That the same shall not apply to a notification to a guardian, if it is impossible to notify the details due to missing of the guardian or for other relevant reasons. |
| (6) | The period of postponement of obligation of school enrollment shall not exceed one year: Provided, That the obligation may be postponed again or the period of postponement may be extended in exceptional circumstances. |
| (7) | Where a postponement is granted again or the period of postponement is extended pursuant to the proviso to paragraph (6), paragraphs (1) through (5) shall apply mutatis mutandis to the procedures for postponement. |
[This Article Wholly Amended on Oct. 18, 2016]
| Article 28-2 (Administrative Data Matching) |
| (1) | Where deemed necessary for the management of school enrollment under Article 25, 25-2, 26, 27, 27-2, or 28, the head of an elementary school or a middle school, the head of a district office of education, or the superintendent of education (including a compulsory education management committee) may ascertain the following administrative data concerning persons subject to school enrollment through administrative data matching under Article 36 (1) of the Electronic Government Act: |
| (2) | Where any electronic data of resident registration referred to in paragraph (1) 1 is shared by the head of an elementary school or a middle school pursuant to the same paragraph, fees therefor shall be exempted. |
[This Article Newly Inserted on Oct. 18, 2016]
| Article 29 (School Register Management for Persons Granted Postponement) |
| (1) | The head of an elementary school or a middle school may manage any of the following students on a supernumerary school register, as prescribed by school regulations: <Amended on Oct. 18, 2016> |
| 1. | A student whose obligation of school enrollment is postponed, after admission; |
| 2. | A student who has been absent for such a long term as at least one-third of the number of school days for the relevant school year without good reason. |
| (2) | Where any of the following persons intends to go back to school or to be enrolled in school, the head of an elementary school or a middle school may determine his or her academic year according to the results of assessment on the education completion by subject which is conducted by the Assessment Committee on the Early Promotion to Higher Grade, Early Graduation and Early Admission prescribed in Article 5 of the Regulations on Early Promotion to Higher Grade: Provided, That in cases of persons falling under any item of Article 98-2 (1) 3, where the superintendent of education has determined his or her academic year after undergoing the assessment and deliberation of the Academic Background Deliberative Committee referred to in paragraph (1) of the same Article (hereinafter referred to as the “Academic Background Deliberative Committee”), the academic year so determined shall apply: <Amended on Nov. 28, 2017> |
| 1. | Persons subject to compulsory education who have received a decision of exemption from or postponement of the obligation of school enrollment under Article 14 (1) of the Act; |
| 2. | Students on a supernumerary school register among those falling under paragraph (1) 2. |
[Title Amended on Nov. 28, 2017]
CHAPTER III STUDENTS, TEACHERS AND STAFF
| Article 30 (Guarantee of Students' Self-Governing Activities) |
The head of a school shall provide necessary matters to encourage and protect students' self-governing activities referred to in Article 17 of the Act.
| Article 31 (Discipline of Students) |
| (1) | The head of a school may punish students falling under any of the following subparagraphs when he or she deems it necessary for education pursuant to the main clause of Article 18 (1) of the Act: <Amended on Mar. 18, 2011> |
| 1. | Services in the school; |
| 3. | Completion of special education; |
| 4. | Suspension from attendance within 30 days per year, one time within 10 days; |
| 5. | Expulsion from school. |
| (2) | When disciplining a student as referred to in paragraph (1), the head of a school shall punish the student in an educational manner so that the student's personality may be respected, and shall give him or her an opportunity to repent by applying the discipline type by stages depending upon the seriousness of the reason. |
| (3) | When disciplining a student as referred to in paragraph (1), the head of a school shall consult with the student's guardian concerning the guidance for the student. <Newly Inserted on Mar. 18, 2011> |
| (4) | The superintendent of education shall prepare and operate educational methods necessary to educate students subject to discipline of special education and suspension from attendance under paragraph (1) 3 and 4, and shall take necessary measures such as securing teachers, facilities and equipment. <Amended on Mar. 18, 2011> |
| (5) | An expulsion from school under paragraph (1) 5 shall be taken against students other than those in the course of compulsory education, who fall under any of the following subparagraphs: <Amended on Mar. 18, 2011> |
| 1. | A person who is deemed not to repent of his or her act because of his or her bad demeanor; |
| 2. | A person who is frequently absent from school without any justifiable reason; |
| 3. | Persons who violate school regulations. |
| (6) | The head of a school may have a student do home study for a specified period before taking an expulsion from school. <Amended on Mar. 18, 2011> |
| (7) | If the head of a school expels a student, he or she shall consult with the student and his or her guardian about a course of his or her life, and shall make efforts to introduce other schools or vocational training institutions in cooperation with the community. <Amended on Mar. 18, 2011> |
| (8) | Where the head of a school provides guidance referred to in the main clause of Article 18 (1) of the Act, it shall be conducted by methods such as discipline and admonition which do not inflict physical pain on a student' body using punishing tools and body parts, pursuant to school regulations. <Amended on Mar. 18, 2011> |
| Article 31-2 (Application for Reexamination by Person Expelled from School) |
| (1) | When a student and his or her guardian files an application for reexamination pursuant to Article 18-2 (1) of the Act with the relevant City/Do mediation committee of disciplinary punishment on students (hereinafter referred to as "discipline mediation committee") established under Article 18-3 of the Act, he or she shall file a written application stating the following matters: |
| 1. | Name, domicile and contact details of an applicant; |
| 3. | The date he or she has known that a measure of expulsion from school has been taken; |
| 4. | The purpose and reason of an application. |
| (2) | The discipline mediation committee may request an applicant or claimee to submit materials or information necessary for examination, and the applicant or claimee shall submit them immediately in the absence of special circumstances. |
| (3) | The discipline mediation committee may, by its official authority or at his or her request, have an applicant, claimee, related teacher or such attend the discipline mediation committee and make a statement. |
| (4) | The discipline mediation committee may have a witness, such as a specialist, attend, or submit his or her written statement, if deemed necessary. |
| (5) | The discipline mediation committee shall make it a rule to hold a meeting not open to the public. |
| (6) | The discipline mediation committee shall, where it has made a decision on application for reexamination, forward the original copy of a written decision stating the following matters to the relevant applicant and claimee: |
| 1. | The number and name of a case; |
| 2. | The name and domicile of an applicant; |
| 3. | Grounds for expulsion from school; |
| 4. | The details of a decision; |
| 5. | A reason for a decision; |
| 6. | The date of a decision. |
[This Article Newly Inserted on Feb. 22, 2008]
| Article 31-3 (Organization of Discipline Mediation Committees) |
| (1) | Each discipline mediation committee shall be comprised of no more than seven members, including one chairperson. |
| (2) | The superintendent of education shall appoint or commission members of each discipline mediation committee (hereafter referred to as "members" in this Article and Article 31-4) from among the following persons: <Amended on Nov. 23, 2011; Oct. 18, 2016; Dec. 31, 2020> |
| 1. | Two persons from among senior supervisors, educational research officials, school inspectors, educational researchers, or elementary or secondary school teachers who have at least 15 years of educational work experience; |
| 2. | Police officers affiliated with a City/Do police agency in the relevant area; |
| 3. | Those qualified as a lawyer; |
| 4. | Those who are assistant professors or higher or in the position corresponding thereto in a college or research institution; |
| 5. | Parents of students attending schools under the jurisdiction of the superintendent of education or representatives of non-profit private organizations; |
| 6. | Counseling specialists of organizations related to juveniles or juvenile counseling institutions, or psychiatrists of medical institutions. |
| (3) | The terms of office of members shall be two years, and they may be reappointed. |
| (4) | The superintendent of education shall appoint the Chairperson of the discipline mediation committee (hereafter referred to as the "Chairperson" in this Article and Article 31-4) from among the members. |
[This Article Newly Inserted on Feb. 22, 2008]
| Article 31-4 (Operation of Discipline Mediation Committee) |
| (1) | The Chairperson shall call a meeting and be in the chair. |
| (2) | Where the Chairperson calls a meeting, he or she shall notify all the members of the date and time, venue, and agenda in writing or by making use of information and communications media or such by no later than five days prior to holding a meeting: Provided, That this shall not apply in an emergency. |
| (3) | A meeting of the discipline mediation committee shall be held by attendance of a majority of all incumbent members including the Chairperson, and a decision shall be made with the approval of a majority of members present. |
| (4) | The discipline mediation committee shall have one secretary who is to take charge of its affairs, and the Chairperson shall appoint the secretary from among public officials belonging to a City/Do Office of Education. |
| (5) | Any of the following applies to a member, the member shall be excluded from the relevant case: |
| 1. | If he or she is or was in the relationship with a student expelled from school or his or her guardian; |
| 2. | If he or she is involved in the relevant measure of expulsion from school. |
| (6) | An applicant may, when there is a fair reason to believe that any member is apt to make an unfair decision, report the fact in writing and apply for challenge, and the discipline mediation committee shall, when it has received an application for challenge, determine whether it will accept the application for challenge of the relevant member by its resolution. |
| (7) | Where any member falls under a reason referred to in paragraph (5) or (6), he or she may avoid an examination or decision of the relevant case by himself/herself. |
| (8) | Allowances and travelling expenses may be paid, within budgetary limits, to members or specialists who have attended a meeting: Provided, That this shall not apply where a public official member attends a meeting in direct connection with his or her business. |
| (9) | Except as provided in this Article, matters necessary for operation of the Committee and other matters shall be determined by the Chairperson through a resolution of the Committee. |
[This Article Newly Inserted on Feb. 22, 2008]
SECTION 2 Teachers and Staff
| Article 32 Deleted. <Jan. 29, 2005> |
| Article 33 Deleted. <Feb. 15, 2013> |
| Article 34 Deleted. <Feb. 15, 2013> |
| Article 35 Deleted. <Feb. 15, 2013> |
| Article 36 Deleted. <Feb. 15, 2013> |
| Article 36-2 (Non-Assignment of Assistant Principals) |
| (1) | "School which is smaller than a certain scale prescribed by Presidential Decree" in the proviso to Article 19 (1) 1 of the Act means a school of which the number of teachers assigned according to the assignment standards for teachers under Article 19 (4) of the Act falls short of the minimum standards, among schools with up to five classes. <Amended on Feb. 15, 2013> |
| (2) | Notwithstanding paragraph (1), the superintendent of education deems particularly necessary in consideration of the educational human resources or finance, he or she may assign one assistant principal to any school mentioned above. In such cases, such assistant principal shall give lessons to students. |
[This Article Newly Inserted on Dec. 27, 2000]
| Article 36-3 Deleted. <Feb. 15, 2013> |
| Article 36-4 Deleted. <Feb. 15, 2013> |
| Article 36-5 (Teachers in Charge of Classes) |
| (1) | Elementary schools, middle schools and high schools may have teachers in charges of classes and may assign one additional teacher in charge of each class if the number of students in each class exceeds a certain number or if necessary for managing each class. |
| (2) | Detailed matters necessary for assigning additional teachers in charge of classes shall be determined by the competent authorities pursuant to the standards prescribed by the Minister of Education. <Amended on Mar. 23, 2013; Jul. 2, 2019> |
| (3) | Teachers in charge of classes shall manage classes, and shall be responsible for educational activities of students belonging to the classes and counseling and daily-life guidance, etc. related thereto. <Newly Inserted on Feb. 15, 2013> |
| (4) | No head teacher shall be in charge of classes: Provided, That they may be in charge of classes depending on the school conditions, such as scale of schools. <Newly Inserted on Feb. 15, 2013> |
[This Article Newly Inserted on Mar. 13, 2012]
| Article 37 Deleted. <Feb. 15, 2013> |
| Article 38 Deleted. <Feb. 15, 2013> |
| Article 39 Deleted. <Feb. 15, 2013> |
| Article 40 (Teachers of Special Schools) |
| (1) | A principal and an assistant principal shall be assigned to a special school pursuant to Article 19 of the Act: Provided, That an assistant principal need not be assigned to a school, the number of classes of which is not more than five and an assistant principal may be assigned to a branch school, the number of classes of which is not less than three in addition to a principal. |
| (2) | The basis of disposition of school teachers in charge of special education assigned to a special school or such shall be prescribed by Presidential Decree. |
| (3) | A specialized counselor and librarian teacher may be assigned to a special school. |
[This Article Wholly Amended on May 26, 2008]
| Article 40-2 (Standards for Allocating Specialized Itinerant Counselors) |
Pursuant to Article 19-2 of the Act, specialized itinerant counselors shall be assigned to each City/Do Office of Education or district office of education. In such cases, detailed standards for allocating specialized itinerant counselors shall be prescribed by the superintendent of education. [This Article Wholly Amended on Jan. 6, 2015]
| Article 40-3 Deleted. <Feb. 15, 2013> |
| Article 41 (Qualifications for Teachers) |
| (1) | Matters necessary for the qualifying examination for teachers, and the organization, authority and operation of the Qualifying Examination Committee for Teachers under Article 21 of the Act, shall be prescribed separately by Presidential Decree. |
| (2) | Persons to be recommended by the person authorized to appoint pursuant to subparagraph 9 of the qualifications for regulars teachers of middle schools (Grade II) referred to in attached Table 2 of the Act shall be determined through the deliberation of a school governance committee and they shall be capable of providing education in the relevant field since they have special ability in the field required by the school to appoint them, from among those qualified as industrial-educational teachers, etc. referred to in Article 22 of the Act (excluding honorary teachers). |
| (3) | Selection of the superintendent of education pursuant to subparagraph 9 of the qualifications for regulars teachers of middle schools (Grade II) referred to in attached Table 2 of the Act shall be conducted through document screening and evaluation of capability. |
[This Article Wholly Amended on Dec. 30, 2011]
| Article 42 (Industrial-Educational Teachers) |
| (1) | Industrial-educational teachers, etc. referred to in Article 22 of the Act are classified into industrial-educational teachers, honorary teachers, specialized spoken English instructors, multicultural language instructors, and instructors, and the qualification standards are as stipulated in attached Table 2. <Amended on Aug. 18, 2009; Oct. 30, 2013> |
| (2) | Industrial-educational teachers referred to in paragraph (1) shall be appointed by the head of a school in cases of a national or public school, and by a school foundation or the manager of a private school in cases of a private school, respectively: Provided, That in cases of a private school, the appointing authority may be delegated to the head of a school, as prescribed by the articles of association, etc. of the relevant school foundation. <Newly Inserted on Aug. 18, 2009> |
| (3) | The appointment of industrial-educational teachers under paragraph (2) shall be deliberated upon by the relevant school governance committee under Article 31 of the Act: Provided, That this shall not apply to schools having no school governance committee. <Amended on Aug. 18, 2009> |
| (4) | Industrial-educational teachers may receive allowances within budgetary limits. <Amended on Aug. 18, 2009> |
| (5) | When a specialized spoken English instructor referred to in paragraph (1) is appointed for a given period, the period shall not exceed one year, and if necessary, the period may be extended up to four consecutive years of continuous working. <Newly Inserted on Aug. 18, 2009> |
| (6) | The head of any of the following schools may substitute teachers with industrial-educational teachers under Article 22 (1) of the Act within the limit of 1/3 of the fixed number of the teachers of the relevant school: <Newly Inserted on Feb. 15, 2013> |
| Article 42 (Industrial-Educational Teachers) |
| (1) | Industrial-educational teachers, etc. referred to in Article 22 of the Act are classified into industrial-educational teachers, honorary teachers, specialized spoken English instructors, multicultural language instructors, and instructors, and the qualification standards are as stipulated in attached Table 2. <Amended on Aug. 18, 2009; Oct. 30, 2013> |
| (2) | Industrial-educational teachers referred to in paragraph (1) shall be appointed by the head of a school in cases of a national or public school, and by a school foundation or the manager of a private school in cases of a private school, respectively: Provided, That in cases of a private school, the appointing authority may be delegated to the head of a school, as prescribed by the articles of association, etc. of the relevant school foundation. <Newly Inserted on Aug. 18, 2009> |
| (3) | The appointment of industrial-educational teachers under paragraph (2) shall be deliberated upon by the relevant school governance committee under Article 31 of the Act: Provided, That this shall not apply to schools having no school governance committee. <Amended on Aug. 18, 2009> |
| (4) | Industrial-educational teachers may receive allowances within budgetary limits. <Amended on Aug. 18, 2009> |
| (5) | When a specialized spoken English instructor referred to in paragraph (1) is appointed for a given period, the period shall not exceed one year, and if necessary, the period may be extended up to four consecutive years of continuous working. <Newly Inserted on Aug. 18, 2009> |
| (6) | The head of any of the following schools may substitute teachers with industrial-educational teachers under Article 22 (1) of the Act within the limit of 1/3 of the fixed number of the teachers of the relevant school: <Newly Inserted on Feb. 15, 2013> |
| 3. | Deleted; <Feb. 28, 2020> |
| 4. | Deleted; <Feb. 28, 2020> |
[Enforcement Date: Mar. 1, 2025] Article 42
SECTION 1 General Provisions
| (1) | Subjects taught at school under Article 23 (3) of the Act shall be as follows: <Amended on Jan. 29, 2001; Jan. 29, 2003; Feb. 29, 2008; Mar. 23, 2013; Oct. 30, 2013> |
| 1. | For elementary schools and civic schools: Korean language, ethics, social studies, mathematics, science, practical course, physical education, music, art, foreign language (English) and subjects deemed necessary by the Minister of Education; |
| 2. | For middle schools and high civic schools: Korean language, ethics, social studies, mathematics, science, technology, home economics, physical education, music, art, foreign language and subjects deemed necessary by the Minister of Education; |
| 3. | For high schools: Korean language, ethics, social studies, mathematics, science, technology, home economics, physical education, music, art, foreign language and subjects deemed necessary by the Minister of Education; |
| 4. | For special schools and high technical schools: Subjects determined by the Minister of Education. |
| (2) | Where necessary to directly reflect industrial demand in education, the head of any of the following high schools may autonomously draw up a curriculum (in cases of a school falling under subparagraph 1, limited to the curriculum of the relevant department) differently from that prescribed in paragraph (1) 3: <Newly Inserted on Oct. 30, 2013; Jan. 10, 2017> |
| 1. | A high school which has established and is operating a department designated by the superintendent of education, the purpose of which is to train competent people in industry fields, among general high schools prescribed in subparagraph 1 of Article 76-3; |
| 2. | A high school tailored to industrial demand referred to in Article 90 (1) 10; |
| 3. | A high school, the purpose of which is to train competent people in industry fields, among specialized high schools referred to in Article 91 (1). |
| (1) | School semesters referred to in Article 24 (3) of the Act shall be divided into two semesters for each school year, and the first semester shall be from March 1 to the day set by the head of each school, considering the number of school days, the number of non-teaching days, and the curricula operation of his or her school, and the second semester shall be from the day following the end of the first semester to the last day of February of the following year. <Amended on Feb. 17, 2004; Jun. 29, 2010> |
| (2) | Notwithstanding paragraph (1), the head of an autonomous private high school under Article 91-3, an autonomous public high school under Article 91-4, or an autonomous school under Article 105 (hereinafter referred to as "autonomous school, etc.") may determine semesters differently, upon deliberation thereon by the designation and governance committee of autonomous schools, etc., under Article 105-4, as determined by the Minister of Education. <Newly Inserted on Jun. 29, 2010; Feb. 15, 2013; Mar. 23, 2013> |
| (3) | Among the semesters referred to in paragraph (1), the head of a middle school shall designate one or two semesters as free learning semester. In such case, detailed matters concerning the designation of a free learning semester, such as the scope of semesters eligible for designation, shall be determined by the Minister of Education. <Newly Inserted on Sep. 15, 2015; Nov. 28, 2017; Feb. 28, 2020> |
| (1) | School semesters referred to in Article 24 (3) of the Act shall be divided into two semesters for each school year, and the first semester shall be from March 1 to the day set by the head of each school, considering the number of school days, the number of non-teaching days, and the curricula operation of his or her school, and the second semester shall be from the day following the end of the first semester to the last day of February of the following year. <Amended on Feb. 17, 2004; Jun. 29, 2010> |
| (2) | Notwithstanding paragraph (1), the head of an autonomous school under Article 105 may determine semesters differently, upon deliberation thereon by the designation and governance committee of autonomous schools under Article 105-4, as determined by the Minister of Education. <Newly Inserted on Jun. 29, 2010; Feb. 15, 2013; Mar. 23, 2013; Feb. 28, 2020> |
| (3) | Among the semesters referred to in paragraph (1) (in cases of a special school, limited to semesters during which middle school courses are provided), the head of a middle school and of a special school (limited to special schools that teach middle school courses) shall designate one or two semesters as free learning semester. In such case, detailed matters concerning the designation of a free learning semester, such as the scope of semesters eligible for designation, shall be determined by the Minister of Education. <Newly Inserted on Sep. 15, 2015; Nov. 28, 2017; Feb. 25, 2020> |
[Enforcement Date: Mar. 1, 2025] Article 44
| Article 45 (Number of School Days) |
| (1) | The number of school days referred to in Article 24 (3) of the Act shall be determined by the head of a school according to the following standards: Provided, That the head of the school may reduce the number of school days within 1/10 of the following standards if necessary for the operation of curricula due to natural disasters, the operation of a research school, or the operation of an autonomous school referred to in Article 105; and in such cases, he or she shall report it to the competent authority no later than 30 days before the commencement of the following school year: <Amended on Sep. 24, 2019> |
| 1. | Elementary schools, middle schools, high schools, high technical schools, and special schools (excluding kindergartens): At least 190 days per school year; |
| 2. | Civic schools and high civic schools: At least 170 days per school year. |
| (2) | If the head of an elementary school, middle school, high school, or special school intends to determine the number of school days in compliance with the standards prescribed in paragraph (1) 1, he or she shall undergo deliberation or consultation of the relevant school governance committee prescribed in Article 31 (1) of the Act. <Amended on Sep. 24, 2019> |
[This Article Wholly Amended on Oct. 25, 2011]
| Article 46 (Organization of Classes) |
Classes at school referred to in Article 24 (3) of the Act shall be comprised of students who are in the same grades and same departments: Provided, That the head of a school may organize a class comprised of students in two or more different grades if necessary for the operation of curricula.
| Article 47 (School Holidays) |
| (1) | The head of a school shall determine school holidays prescribed in Article 24 (3) of the Act after undergoing deliberation by or seeking advice from a school governance committee prescribed in Article 31 (1) of the Act before each school year commences, but the holidays shall include Saturdays, and the official holidays and summer and winter vacations of government offices. <Amended on Mar. 2, 2001; Sep. 24, 2019> |
| (2) | The head of a school may declare recess where any emergency, disaster, or other urgent situation takes place. In such cases, the head of a school shall report thereon without delay to the competent authorities. |
| (3) | Notwithstanding paragraph (1), the head of a school may hold school events, such as an athletic competition or school excursion, on Saturdays, or on the official holidays of government offices. In such cases, he or she shall listen to the opinions of students, their parents, and teachers in advance, and undergo deliberation by or seek advice from a school governance committee prescribed in Article 31 (1) of the Act. <Newly Inserted on Sep. 24, 2019> |
| (4) | The head of a school may include the days on which a school event is held pursuant to paragraph (3) in the number of school days prescribed in Article 45 (1), and shall separately determine school holidays prescribed in paragraph (1) as many as the number of the school days. <Newly Inserted on Sep. 24, 2019> |
| Article 48 (Methods of Operating Lessons) |
| (1) | Deleted. <Jan. 29, 2005> |
| (2) | The head of a school may teach students by combining students of different departments, if necessary for education. |
| (3) | The head of a school may use broadcasting programs in classes. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011> |
| (4) | The head of a school may, where necessary for educational purposes, teach students using information and communications media, including distance learning classes. In such cases, matters necessary in relation to target students, method of class operation, etc. shall be determined by the superintendent of education. <Amended on Oct. 30, 2013> |
| (5) | The head of a school may grant permission for extracurricular classes with the consent of guardians, if necessary for education. In such cases, the head of a school may recognize extracurricular classes as classes within the extent that the school regulations determine. |
| Article 48-2 (Methods of Operating Lessons during Free Learning Semesters) |
| (1) | The head of a middle school and of a special school (limited to special schools that each middle school courses) shall operate types of classes encouraging student participation during a free learning semester and curricula for experiential activities for various types of experiences, including career search of each student. <Amended on Feb. 25, 2020> |
| (2) | Detailed matters concerning the types of class encouraging student participation and experiential activities under paragraph (1) shall be determined by the Minister of Education. |
[This Article Newly Inserted on Sep. 15, 2015]
Time for school to begin and end shall be determined by the head of a school.
| Article 49-2 (Administrative Data Matching for Preparation of School Records) |
| (2) | Where any electronic data of resident registration referred to in paragraph (1) 1 is shared by the head of a school pursuant to the same paragraph, fees therefor shall be exempted. |
[This Article Newly Inserted on Oct. 18, 2016]
| Article 50 (Completion and Graduation) |
| (1) | The head of a school shall recognize the completion or graduation of a student's respective school year courses by evaluating student's achievement for the curricula which the student has completed. |
| (2) | The number of student's days of attendance required for completing his or her respective school year courses shall be two-thirds or more of the number of school days referred to in Article 45. |
| (3) | The head of a school shall give diplomas to persons who are deemed to have completed the curriculum of the school. |
| Article 51 (Number of Classes and Number of Students) |
The number of classes and the number of students at a school shall be determined by the superintendent of education. In such cases, the following persons may be excluded from the number of students: <Amended on Sep. 29, 2005>
| 1. | Students remaining in the same class; |
| 3. | Persons who have been re-admitted, transferred, or gained transfer admission; |
| 4. | Children of persons of distinguished service to the State under the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State; |
| 5. | Other persons determined by the superintendent of education depending upon the real conditions in the region. |
| Article 52 (Student Allocation Plans) |
The superintendent of education shall establish a student allocation by school year in order for schools under his or her jurisdiction to appropriately allocate students.
[This Article Wholly Amended on Oct. 30, 2013]
| Article 53 (Early Promotion and Early Graduation) |
The matters necessary for early promotion, early graduation, and granting qualifications for early admission to a school of higher grade referred to in Article 27 (3) of the Act shall be determined separately by Presidential Decree.
| Article 54 (Education and Policies for Students with Learning Disabilities) |
| (1) | Students with learning disabilities, etc., referred to in Article 28 (1) of the Act (hereinafter referred to as “students with learning disabilities, etc.”) shall be distinguished by the head of a school according to the standards determined by the superintendent of education. <Amended on Aug. 2, 2016> |
| (2) | The head of a school may provide education necessary for students with learning disabilities, etc. such as experience classes, within the school days determined by the superintendent of education, or provide education by entrusting it to an educational institution recognized by the superintendent of education as appropriate. <Amended on Aug. 2, 2016> |
| (3) | The Minister of Education and the superintendent of education shall perform the following supporting projects: <Amended on Apr. 20, 2012; Mar. 23, 2013; Aug. 2, 2016> |
| 1. | A project to provide educational, welfare, or culture programs, etc., to schools overpopulated with students with learning disabilities, etc.; |
| 2. | A project to provide diagnoses, counseling, healing and learning assistance programs, etc., to students with learning disabilities, etc. |
| (4) | The Minister of Education shall determine and publicly notified detailed matters necessary for supporting projects, such as criteria for selection of schools eligible for the supporting projects, procedures for selecting eligible students under paragraph (3) and other relevant matters, after hearing the opinions of the superintendent of education. <Newly Inserted on Dec. 27, 2010; Mar. 23, 2013> |
| (5) | Deleted. <May 8, 2017> |
| (6) | Deleted. <May 8, 2017> |
| (7) | The superintendent of education shall formulate and implement plans for training, including the following, so that teachers can receive training to improve learning capability of students with learning disabilities, etc., pursuant to Article 28 (5) of the Act: <Newly Inserted on Aug. 2, 2016> |
| 1. | Objectives and details of training; |
| 2. | Institutions establishing and operating training programs; |
| 4. | Persons subject to training with respect to each curriculum, and the number of such persons; |
| 5. | Standards for the completion of training; |
| 6. | Other matters necessary for the operation of training courses and the payment of training expenses. |
| (8) | The following matters shall be included in the details of the training referred to in paragraph (7): <Newly Inserted on Aug. 2, 2016> |
| 1. | Matters concerning projects for supporting students with learning disabilities, etc.; |
| 2. | Matters concerning methods for distinguishing, diagnosis, guide, prevention and assistance of students with learning disabilities, etc.; |
| 3. | Matters concerning exemplary examples of guiding students with learning disabilities, etc.; |
| 4. | Matters necessary for improving learning capabilities of students with learning disabilities, etc. |
[Title Amended on Oct. 30, 2013]
| Article 55 (Use of Textbooks) |
Matters necessary for the scope of textbooks referred to in Article 29 (2) of the Act shall be separately prescribed by Presidential Decree.
| Article 56 (Integrated Operation of Schools) |
| (1) | Where any founder or manager of a school intends to integrate and operate schools pursuant to Article 30 (1) of the Act, he or she shall take into account educational circumstances, such as the size of schools, commuting distances for students, and the opinions of residents in the region where such schools subject to integrated operation are located. |
| (2) | Matters necessary for standards for facilities and equipment of schools to be integrated and operated shall be prescribed by Presidential Decree. |
| (3) | Notwithstanding assignment standards provided for in Article 19 (4) of the Act, teachers and staff may be assigned to integrated schools in consideration of the characteristics of such schools, and the founder or manager of a school may have teachers and staff hold concurrent positions to the extent that it does not hinder the operation of the school. <Amended on Dec. 27, 2010; Feb. 15, 2013> |
| (4) | Standards for assigning teachers and staff under paragraph (3), curricula operation, compilation and operation of budgets, administrative and financial support, business management, and other matters necessary for the integrated operation of schools shall be determined by the competent authorities. <Amended on Dec. 27, 2010> |
[Title Amended on Feb. 15, 2013]
| Article 57 (Branch of School) |
The superintendent of education may, in extenuating circumstances, establish branches of public elementary schools, middle schools and special schools.
| Article 57-2 (Safety Measures for Students) |
When the head of a school establishes the safety measures, etc. for students pursuant to Article 30-8 (1) and (2) of the Act, he or she shall undergo deliberation or consultation thereon by the school governance committee and hear opinions from students, parents, teachers and staff. [This Article Newly Inserted on Jul. 24, 2012]
SECTION 2 School Governance Committees
| Article 58 (Composition of National and Public School Governance Committees) |
| (1) | The fixed number of members of a school governance committee to be established at each national and public elementary school, middle school, high school, and special school (hereafter through Article 62 referred to as "national and public schools") of school governance committees referred to in Article 31 of the Act (hereafter referred to as "governance committee") shall be determined by the school governance committee regulations of the relevant school (hereafter referred to as "committee regulations" in this Section) within the limits set forth in the following subparagraphs, taking into account the size of a school: <Amended on Feb. 28, 2000> |
| 1. | A school whose number of the students is less than 200: Not less than five but not more than eight members; |
| 2. | A school whose number of the students is not less than 200 but less than 1000: Not less than nine but not more than 12 members; |
| 3. | A school whose number of the students is not less than 1000: Not less than 13 but not more than 15 members. |
| (2) | The component ratio of members of a governance committee to be established at national and public schools shall be determined by the committee regulations within the following limits: <Amended on Mar. 18, 2011> |
| 1. | Members for parents of students (referring to those who represent parents of students at the school; hereinafter the same shall apply in this Section): 40/100 to 50/100; |
| 2. | Teacher members (referring to those who represent teachers at the school; hereinafter the same shall apply in this Section): 30/100 to 40/100; |
| 3. | Community members (referring to experts on budget, account, audit and inspection, and law living in the area where the school is located or public educational officials work on educational administration living in the area where the school is located, enterprisers who conduct business in the area where the school is located, those who graduated from the school, or those who intend to contribute to operating the school; hereinafter the same shall apply in this Section): 10/100 to 30/100. |
| (3) | Notwithstanding paragraph (2), the component ratio of the members of the governance committee of a national or public high school tailored to industrial demand under Article 90 (1) 10 and specialized high school under Article 91 (1) (excluding high schools that provide experience-oriented education, such as field training in nature) may be determined by the committee regulations within the scope according to the categories of the following subparagraphs. In such cases, not less than a half of the community members shall be elected from the enterprisers referred to in paragraph (2) 3: <Amended on Apr. 12, 2007; Jun. 29, 2010> |
| 1. | Members for parents of students: 30/100 to 40/100; |
| 2. | Teacher members: 20/100 to 30/100; |
| 3. | Community members: 30/100 to 50/100. |
| (4) | Notwithstanding paragraphs (2) and (3), the component ratio of the members of the governance committee to be established at a national or public school whose number of students is not more than one hundred may be determined by school regulations for national schools, by the committee regulations for public schools within the scope prescribed by ordinance of a City/Do. In such cases, more than one member for parents of students, one teacher member, and one community member shall be included respectively. <Newly Inserted on Mar. 18, 2011> |
| Article 59 (Election of Members) |
| (1) | The heads of national and public schools shall be ex officio teacher members in governance committees. |
| (2) | Members who are parents of students shall be elected from among parents of students through democratic-representative procedures at a plenary session of parents of students. In such cases, any parent of a student who is unable to attend a plenary session of parents of students in person may cast his or her votes to a candidate before the opening of the plenary session of parents of students in accordance with the methods and procedures prescribed by the committee regulations, such as a reply to the school newsletter sent to him or her or voting by mail, voting by electronic methods (referring to the methods of using an information processing system under subparagraph 2 of Article 2 of the Framework Act on Electronic Documents and Transactions or other information and communications technology). <Amended on Sep. 15, 2015; Feb. 25, 2020> |
| (3) | Notwithstanding paragraph (2), where it is difficult to elect members who are parents of students at a plenary session due to the size and facilities of a school, as prescribed by the regulations of the relevant committee, the members may be elected at a meeting which is comprised of representatives of parents of students by each class, as prescribed by the committee regulations. <Newly Inserted on Sep. 15, 2015> |
| (4) | Teacher members except ex officio members shall be elected from among teachers by an unsigned vote at a plenary session of teachers and staff. <Amended on Feb. 28, 2000; Sep. 15, 2015; Apr. 7, 2020> |
| (5) | Notwithstanding paragraphs (2) through (4), where it is impracticable to hold a plenary meeting of parents, a plenary meeting of parents of students or a plenary meeting of teachers and staff due to a disaster or other unavoidable causes defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety, teacher members excluding the members who are parents of students or ex officio teacher members may be elected in accordance with the methods and procedures provided in the latter part of paragraph (2). <Newly Inserted on Apr. 7, 2020> |
| (6) | Community members shall be, upon recommendation of any member who is a parent of a student or teacher member, elected by an unsigned vote. <Amended on Sep. 15, 2015; Apr. 7, 2020> |
| (7) | A governance committee shall have a chairperson and a vice-chairperson, and they shall be elected from members other than teacher members by an unsigned vote. <Amended on Sep. 15, 2015; Apr. 7, 2020> |
| (8) | When members of a governance committee to be established in a national or public school acquire, through abuse of their positions, property rights and interest, or assist others in acquiring the same, by means of transactions with the relevant school, they may be disqualified by resolution of the governance committee. <Newly Inserted on Mar. 18, 2011; Sep. 15, 2015; Apr. 7, 2020> |
| Article 59-2 (Convocation of Meetings) |
| (1) | The chairperson shall convene a meeting of the governance committee to be established at a national or public school. |
| (2) | When the chairperson intends to convene the meetings pursuant to paragraph (1), he or she shall notify each member of date, time, venue and agenda of the meeting no later than seven days before the opening of a meeting and disclose them through the website of the school before convening the meeting: Provided, That the same shall not apply to cases where there exist any urgent needs. <Amended on Oct. 18, 2016> |
| (3) | When the chairperson of the governance committee to be established at a national or public school determines the date of the meeting, it shall be convenient time such as weekends for members to attend the meeting. |
[This Article Newly Inserted on Mar. 18, 2011]
| Article 59-3 (Preparation of Minutes and Publications Thereof) |
| (1) | A governance committee to be established at a national or public school shall, when holding a meeting, manage meeting records including the dates of meetings, places, names of the members present, agendas, summaries of proposals, resolutions passed, or such. |
| (2) | The minute prepared pursuant to the paragraph (1) shall be opened to the public through school websites, etc: Provided, That matters falling under any of the following subparagraphs may not be opened to the public following the resolution of a governance committee: |
| 1. | Private matters such as names, resident registration numbers included in minutes deemed to interfere with an individual privacy or freedom when opened to the public; |
| 2. | Matters deemed to significantly impede fair deliberation of a governance committee when opened to the public; |
| 3. | Matters deemed inappropriate to make it open to the public for the education of students and the protection of educational authority. |
[This Article Newly Inserted on Mar. 18, 2011]
| Article 59-4 (Gathering of Opinions) |
| (1) | When intending to deliberate on any of the following matters, a governance committee to be established at a national or public school shall conduct in advance the process of gathering opinions from parents of students, as prescribed by school regulations for national schools and as prescribed by ordinance of the relevant City/Do for public schools: <Amended on Dec. 29, 2017> |
| 2. | Other matters which require prior gathering of opinions from students’ parents under school regulations for national schools or under ordinance of the relevant City/Do for public schools. |
| (2) | When deemed necessary to deliberate on any of the following matters, a governance committee to be established at a national or public school may require student representatives, etc. to attend its meeting to hear their opinions: <Amended on Dec. 29, 2017> |
| 2. | Other matters closely related to students' school life. |
| (3) | A governance committee to be established at a national or public school may, as prescribed by school regulations for national schools and by ordinance of the relevant City/Do for public schools, have student representatives gather students' opinions concerning students' school life and suggest them to the governance committee. |
[This Article Newly Inserted on Mar. 18, 2011]
| Article 59-5 (Exclusion of Members) |
| (1) | If a member of a governance committee falls under any of the following cases, he or she shall be excluded from the deliberation and resolution of the relevant agenda: |
| 1. | Where the member, or a person who is or was his or her spouse, becomes a party to the relevant agenda (where the party is a corporation, organization, etc., including the executive officers thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) or is holding any right or duty jointly with the party to such agenda; |
| 2. | Where the member is a relative of a party to the relevant agenda; |
| 3. | Where the member has given any testimony, statement or advice, or conducted any research, service or appraisal with respect to the relevant agenda; |
| 4. | Where the member or any corporation, organization, etc., where he or she belongs to is or was an agent of a party to the relevant agenda. |
| (2) | Where it is difficult to expect the impartial deliberation of any member of a governance committee, a party to the relevant agenda may file a request for the challenge to him or her with the governance committee, and the governance committee shall make a decision on such request by its resolution. In such cases, the member subject to such request for challenge shall not participate in the resolution. |
| (3) | Where a member of a governance committee falls under any subparagraph of paragraph (1), he or she shall voluntarily refrain from the deliberation and resolution of the relevant agenda. |
[This Article Newly Inserted on Sep. 15, 2015]
| Article 60 (Implementation of Results of Deliberation) |
| (1) | The head of any national or public school shall respect the results of a deliberation by the governance committee to the maximum extent possible, and where he or she intends to act differently from the result of the deliberation, he or she shall file a written report with the governance committee and the competent authorities. |
| (2) | Where it threatens to severely impede the conduct of educational activities and operating the school in the course of a deliberation by the governance committee, or there is no time to convene the governance committee due to any national disaster or other force majeure, the head of any national or public school may implement matters listed in Article 32 of the Act without deliberation by the governance committee. |
| (3) | Where the head of any national or public school implements matters without deliberation by the committee pursuant to paragraph (2), he or she shall report in writing without delay on related matters and the causes therefor to the governance committee and the competent authorities. |
[Title Amended on Mar. 18, 2011]
| Article 60-2 (Subcommittees) |
| (1) | The governance committee established at national and public schools shall have a school meal subcommittee in order to effectively deliberate on the matters related to school meal. If necessary, subcommittees by field such as the Budget and Final Accounts subcommittee, etc. shall be established. |
| (2) | Matters necessary for the composition and operation of subcommittees under paragraph (1) shall be determined by school regulations for national schools and by ordinance of a City/Do for public schools. |
[This Article Newly Inserted on Mar. 18, 2011]
| Article 61 (Corrective Order) |
Where the head of any national or public school acts differently from the result of a deliberation and resolution by the governance committee under Article 32 (1) and (3) of the Act or fails to implement the result of such deliberation and resolution without any justifiable cause, or he implements matters to be deliberated without deliberation without any cause referred to in Article 60 (2), the competent authorities may give a corrective order referred to in Article 63 of the Act. <Amended on Feb. 28, 2000>
| Article 62 (Delegation to Municipal Ordinances) |
Matters not provided for in this Decree with respect to the composition and operation of governance committees to be established at national and public schools shall be determined by school regulations for national schools and by ordinance of the City/Do for public schools.
| Article 63 (Governance Committees of Private Schools) |
| (1) | Governance committees to be established at private elementary schools, middle schools, high schools, and special schools (hereafter in this Article referred to as "private schools") pursuant to Article 31 of the Act (hereinafter referred to as "governance committees of private schools") shall be composed of teacher members, members for parents of students, and community members of the relevant schools. |
| (2) | Articles 58, 59, and 60 (2) and (3) shall apply mutatis mutandis to the fixed number, election, etc. of the members of a governance committee of a private school, but teacher members except ex officio members shall be commissioned by the head of a school from those who are recommended at a plenary session of teachers and staff in accordance with the procedures prescribed by the articles of incorporation (where it is impracticable to hold a plenary meeting of teachers and staff due to a disaster or other unavoidable causes defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety, those who are recommended in accordance with the methods and procedures prescribed in the latter part of Article 59 (2)). In such cases, "national and public schools" shall be deemed "private schools"; "deliberation" shall be deemed "consultation"; and “school regulations” and "ordinance of a City/Do" shall be deemed "articles of incorporation," respectively. <Amended on Mar. 18, 2011; Apr. 7, 2020> |
| (3) | The head of a school shall respect the result of consultation with the governance committee as best as he or she can. |
| (4) | If the head of any private school fails to go through a deliberation and resolution by the governance committee or acts differently from the result of such deliberation and resolution, or if he or she fails to implement the result of such deliberation and resolution without any justifiable cause or implements the result without going through consultation without any reason under Article 60 (2), with respect to the creation, operation, and use of a school development fund under Article 32 (3) of the Act, the competent authorities may give an order for correction referred to in Article 63 of the Act. |
| (5) | Matters not prescribed by this Decree concerning the composition of a governance committee of a private school shall be prescribed by the articles of incorporation. |
[This Article Wholly Amended on Feb. 28, 2000]
| Article 64 (School Development Fund) |
| (1) | A school development fund referred to in Article 33 of the Act (hereinafter referred to as "development fund") shall be created in the following methods: |
| 1. | Receipt of money and valuables provided by donors; |
| 2. | Receipt of money and valuables which organizations and groups comprised of parents of students in and outside of school collect voluntarily from any members or raise from others. |
| (2) | A development fund shall be used for: |
| 1. | Repairing and expanding school educational facilities; |
| 2. | Buying tools, equipment, and books for education; |
| 3. | Assisting school athletic activities or other academic activities; |
| 4. | Assisting student welfare and students' self-governing activities. |
| (3) | A governance committee shall create and operate the development fund under the name of the chairperson of the governance committee, as stipulated by Ordinance of the Ministry of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013> |
| (4) | A governance committee may entrust the management and execution of the development fund and part of business auxiliary thereto to the head of the relevant school. |
| (5) | The head of a school entrusted with business pursuant to paragraph (4) shall manage the development fund through separate accounts, and report in writing on the execution plan and details of the development fund to the governance committee each quarter. |
| (6) | A governance committee upon receipt of a report under paragraph (5) shall review it and notify the parents of students of the result. |
| (7) | Where a governance committee entrusts the business on development fund pursuant to paragraph (4) to the head of the school concerned, he or she may audit the execution status of the development fund. |
| (8) | A governance committee shall complete the following affairs within three months after the closing of the school's financial year: <Amended on Sep. 15, 2015> |
| 1. | Closing accounts of the development fund; |
| 2. | Report on accounts closed under subparagraph 1 to the competent authorities and notification thereof to parents of students. |
| (9) | Matters necessary for creation, operation, accounting, and management of the development fund shall be determined by Ordinance of the Ministry of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013> |
| Article 65 Deleted. <Jan. 29, 2005> |
| Article 66 (Permission for Admission to Middle Schools) |
| (1) | Unless otherwise provided, a decision on middle school students' admission, re-enrollment, transfer, and transfer admission to school shall be made by the head of a school, as prescribed by school regulations. <Amended on Jun. 29, 2010; Feb. 15, 2013> |
| (2) | Notwithstanding paragraph (1), a decision on the method of admission, re-enrollment, transfer, and transfer admission to a middle school that selects students upon their application shall be made by the head of a school, according to the standards and procedures determined and publicly notified by the superintendent of education. <Newly Inserted on Jun. 29, 2010; Feb. 15, 2013> |
| Article 67 (Timing for Admission to Middle Schools) |
A middle school student may be admitted or re-enrolled to a middle school or may be granted transfer admission at any time unless he or she has difficulty in completing the curriculum of the relevant school: Provided, That the timing for transfer admission in the districts prescribed by ordinance of a City/Do pursuant to Article 77 (2) may be determined by the superintendent of education. [This Article Wholly Amended on Jan. 6, 2015]
| Article 68 (Methods for Admission to Middle Schools) |
| (1) | The head of the district office of education shall allocate schools for applicants for admission to middle schools to enter through sortition according to districts and school groups, and for districts which are extremely distant and lack traffic facilities for students to go to school, he or she shall allocate schools to be entered according to the middle school districts set by the superintendent of education. |
| (2) | Where middle schools are allocated through sortition, applicants for admission to middle schools located in districts determined and publicly notified by the superintendent of education may select and apply for at least two schools according to methods and procedures determined by the superintendent of education, and the head of the district office of education may allocate all or part of the fixed number of the relevant school through sortition from among those applicants for admission. |
| (3) | The districts, school groups, middle school districts, and sortition methods referred to in paragraph (1) shall be determined by the superintendent of education through a resolution of the City/Do council. <Amended on Jan. 6, 2015> |
| (4) | Where the superintendent of education determines districts, etc. pursuant to paragraph (3), he or she shall publicly notify such fact. |
| Article 69 (Methods for Admission by Student Athletes) |
| (1) | Notwithstanding Article 68, the head of the district office of education may admit student athletes within the limits determined by the superintendent of education among the fixed number of admission of the school year in the jurisdiction of the head of the district office of education. In such cases, athletic specialty schools and their fixed numbers by sport shall be designated and allocated by the head of a district office of education. |
| (2) | Notwithstanding Article 68, if a student who is to enter a middle school falls under any of the following persons, the head of a district office of education may admit him or her by designating a school among those in the school group concerned: <Amended on Sep. 15, 2015; Mar. 23, 2021> |
| 1. | A physically handicapped child; |
| 2. | A child of a person who rears at least three children under the age of 18 (it shall be based on the entry in his or her family relation register, adopted children and the children of his or her spouse shall be included, but the number of adopted children shall not be included in the number of children of biological parents). |
| (3) | The detailed scope and recognition methods of persons eligible for admission under paragraphs (1) and (2) and the methods, procedures, etc., for admission shall be determined by the head of a district office of education. <Amended on Sep. 15, 2015> |
| Article 70 (Committees for Management of Middle School Admission Sortition) |
| (1) | A committee for management of middle school admission sortition shall be established at each school group attached to the head of a district office of education to conduct sortition referred to in Article 68 (1). |
| (2) | A committee for management of middle school admission sortition referred to in paragraph (1) shall be comprised of five to seven members appointed or commissioned by the head of a district office of education, and matters necessary for the composition and operation thereof shall be determined by the educational rules of the relevant City/Do. |
| (3) | Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a committee for management of middle school admission sortition is established under the jurisdiction of the head of the relevant district office of education, such committee may replace the function of the committee for management of middle school admission sortition as prescribed by ordinance of the relevant City/Do: Provided, That where any statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a committee for management of middle school admission sortition provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the committee for management of middle school admission sortition as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017> |
| Article 71 (Submission of Allocation Forms for Middle Schools) |
A person who intends to enter middle school shall submit an allocation form for a middle school to a committee for management of middle school admission sortition to which the elementary school from which he or she graduated belongs: Provided, That where he or she falls under any of the following subparagraphs, it shall be submitted to the head of the district office of education concerned:
| 1. | Residents of middle school districts: The head of the district office of education having jurisdiction over their places of residence; |
| 2. | Graduates from elementary school whose places of residence have been moved and who fall under any of subparagraphs of Article 96: The head of the district office of education having jurisdiction over an elementary school which makes their places of residence a school district. |
| Article 72 Deleted. <Feb. 15, 2013> |
| Article 72-2 (Application Fees) |
Standards for application fees applicable to middle schools that select students upon their application shall be prescribed by the educational rules of the relevant City/Do.
[This Article Newly Inserted on Jun. 29, 2010]
| Article 73 (Transfer to Middle Schools) |
| (1) | Any transfer or transfer admission to middle schools shall be restricted to middle schools in any school group to which the elementary school which makes places of residence a school district belongs, or in the middle school district. In such cases, the head of a district office of education shall allocate a middle school within seven days from the date of receipt of application documents for transfer or transfer admission to school groups, and the head of a middle school in the middle school district shall permit such transfer or transfer admission to middle school districts: Provided, That for school groups, where there are no vacancies in middle schools in a school group to which the elementary school making places of residence a school district belongs, and if any person who intends to transfer schools or gain transfer admission wishes, the head of the district office of education may allocate a middle school in another school group falling under his or her jurisdiction. |
| (2) | When the head of a district office of education has allocated a middle school located in any school group to which the elementary school which makes places of residence a school district belongs pursuant to paragraph (1) for a student who intends to transfer or gain transfer admission, he or she shall immediately notify such fact to the head of the school to which the relevant student is expected to transfer or gain transfer admission. <Newly Inserted on Oct. 18, 2016> |
| (3) | Notwithstanding the main clause of paragraph (1), where there are vacancies for student athletes in the athletic specialty school corresponding to his or her specialty for a student athlete, the head of a district office of education may allow him or her to transfer to schools or gain transfer admission without sortition. <Amended on Oct. 18, 2016> |
| (4) | Where a public official is transferred to an island or a remote area other than his or her connected place, and if it is impossible for his or her children to attend a middle school located in the designated school group or middle school district living with his or her parents, they may, notwithstanding paragraph (1), be allowed to transfer or gain transfer admission to a middle school in the school group or middle school district of the public official's connected place within the scope of the fixed number without sortition. <Amended on Oct. 18, 2016> |
| (5) | "Island or a remote area" in paragraph (4) means an area eligible for island and remote area allowances pursuant to the statutes and regulations related to the payment of island and remote area allowances, and "school group or middle school district of public official's connected place" means any of the following school groups or middle school districts: <Amended on Oct. 18, 2016> |
| 1. | Any school group or middle school district in the City/Do having jurisdiction over the area in which the public official concerned serves; |
| 2. | Any school group which has an elementary school making a place of residence immediately preceding transfer to an island or a remote area, a school district or middle school district. |
| (6) | Where the head of a middle school requests a student's transfer, re-enrollment, or transfer admission to another school as deemed necessary to change the student's educational environment, the head of the district office of education may, notwithstanding the main clause of paragraph (1), designate and allocate a school to which the student may transfer, be re-enrolled, or be re-admitted. <Amended on Feb. 15, 2013; Oct. 18, 2016> |
| (7) | The head of a middle school may grant permission for transfer and transfer admission between middle schools, specialized middle schools referred to in Article 76, and various academic background-accredited schools, within the extent not hindering the completion of the curriculum. <Amended on Oct. 18, 2016> |
| Article 74 (Transfer Admission) |
| (1) | Persons entitled to transfer admission into other schools shall be those who have completed courses of the school year preceding that to which they may be admitted to transfer and those who have been recognized as having equivalent or higher academic background. |
| (2) | Deleted. <Feb. 15, 2013> |
[Title Amended on Feb. 15, 2013]
| Article 75 (Admission, Transfer, and Transfer Admission of Students Returning from Overseas and Multicultural Students) |
| (1) | The guardian of any of the following children or students may apply for admission, transfer, or transfer admission to a school with the head of a district office of education having jurisdiction over the middle schools in a school group to which the elementary school which makes places of residence a school district belongs or with the head of a middle school in the middle school districts, instead of taking the procedures for admission, transfer, or transfer admission to a school under Article 68 or 73 (1): <Amended on Jul. 14, 2020> |
| 1. | Children or students who fall under Article 19 (1) 1 through 4; |
| 2. | Other children or students who cannot take the procedures for admission, transfer, or transfer admission to a school under Article 68 or 73 (1) for the reason that he or she did not reside in the Republic of Korea before he or she is admitted, transfers, or gains transfer admission to a middle school, or has no school record in the Republic of Korea. |
| (2) | The head of a district office of education or the head of a middle school who receives an application under paragraph (1) shall verify the details of the certificate of the entry into and departure from Korea, or of the certificate of the alien registration under Article 88 of the Immigration Act by sharing administrative information under Article 36 (1) of the Electronic Government Act, and the head of a district office of education who receives an application under paragraph (1) shall designate and allocate a school the child or student may be admitted, transfer, or gain transfer admission: Provided, That where the guardian of a child or student who falls under the subparagraphs of paragraph (1) does not consent to such verification, he or she shall be required to submit any of the following documents: <Amended on Jul. 14, 2020> |
| 1. | A document that proves the entry into and departure from Korea or the alien registration; |
| 2. | A document that verifies his or her residence in Korea, such as a written lease contract or letter of guarantee from his or her neighbor. |
| (3) | Children who have come to Korea from abroad may, notwithstanding paragraph (1), be admitted, transfer, or gain transfer admission to middle schools which have established special classes for returning students, as prescribed by the superintendent of education. |
| (4) | Multicultural students may, notwithstanding Articles 68 and 73 (1), be admitted, transfer, or gain transfer admission to middle schools which have established special classes for multicultural students, as prescribed by the superintendent of education. |
[This Article Wholly Amended on Oct. 30, 2013]
| Article 75-2 (Establishment and Operation of Air and Correspondence Middle Schools) |
Matters necessary for the establishment and operation of Air and Correspondence Middle Schools under Article 43-2 shall be separately prescribed by Presidential Decree. [This Article Newly Inserted on Oct. 30, 2013]
| Article 76 (Specialized Middle Schools) |
| (1) | The superintendent of education may designate and publicly notify middle schools to specialize in the operation, etc., of curricula (hereinafter referred to as "specialized middle schools"). In such case, he or she shall obtain prior consent from the Minister of Education. <Amended on Jan. 29, 2001; Oct. 20, 2001; May 16, 2007; Feb. 29, 2008; Mar. 23, 2013; Dec. 9, 2014> |
| (2) | The head of a school foundation or the head of a school that seeks designation as a specialized middle school shall prepare an application, including the following matters, and submit it to the superintendent of education: <Amended on Jun. 29, 2010> |
| 1. | A school operation plan; |
| 2. | A curriculum operation plan; |
| 3. | A plan for conducting an admission process; |
| 4. | A plan for the assignment of teachers; |
| 5. | Other matters determined and publicly notified by the superintendent of education concerning the operation, etc. of specialized middle schools. |
| (3) | The head of a specialized middle school may, notwithstanding Article 68, select students upon their application. |
| (4) | No head of a specialized middle school shall conduct a written examination when selecting students pursuant to paragraph (3). |
| (5) | The superintendent of education may revoke the designation of a specialized middle school, in any of the following circumstances: <Amended on Feb. 18, 2014> |
| 1. | Where the budget has been executed by fraud or other improper means; |
| 2. | Where a student was selected by improper means; |
| 3. | Where any serious cause for violating the purpose of designation has occurred, such as unjust operation of a curriculum; |
| 4. | Where the relevant school has applied for revocation of due to the occurrence of any cause, etc. that makes the purpose of designation unachievable; |
| 5. | Where it is deemed impracticable to achieve the purpose of designation as a result of evaluation of the operation performance, etc., of the relevant school conducted by the superintendent of education every five years, as prescribed by the educational rules of the relevant City/Do. |
| (6) | The superintendent of education shall obtain prior consent from the Minister of Education when he or she intends to revoke the designation of a specialized middle school. <Newly Inserted on Jun. 7, 2011; Mar. 23, 2013; Dec. 9, 2014> |
| (7) | Where the Minister of Education intends to determine whether to consent to the designation or revocation of designation of a specialized middle school under the latter part of paragraph (1) or paragraph (6), he or she shall undergo deliberation by the Committee for Designation of Special-Purpose High Schools, etc. prescribed in Article 105-3. <Newly Inserted on Dec. 9, 2014> |
| (8) | Where the designation of a specialized middle school is revoked under paragraph (5), the superintendent of education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students attending the relevant school at the time of revocation of designation until their graduation. <Newly Inserted on Feb. 18, 2014; Dec. 9, 2014> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the designation, revocation of designation, and operation of specialized middle schools shall be prescribed by Ordinance of the Ministry of Education. <Newly Inserted on Jun. 29, 2010; Jun. 7, 2011; Feb. 18, 2014; Dec. 9, 2014> |
| Article 76-2 (Designation and Governance Committee for Specialized Middle Schools) |
| (1) | A designation and governance committee for specialized middle schools shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters on the designation and operation of specialized middle schools to provide advice as may be required by the superintendent of education: |
| 1. | Matters concerning plans for the designation and operation of specialized middle schools; |
| 2. | Matters concerning the revocation of designation of specialized middle schools; |
| 3. | Matters concerning the evaluation on operation of specialized middle schools; |
| 4. | Other matters determined by the superintendent of education concerning the operation, etc. of specialized middle schools. |
| (2) | Matters necessary for the composition and operation of the designation and governance committee for specialized middle schools under paragraph (1) shall be prescribed by the educational rules of the relevant City/Do. |
| (3) | Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to the designation and governance committee for specialized middle schools is established under the jurisdiction of the superintendent of education, such committee may replace the function of the designation and governance committee for specialized middle schools as prescribed by ordinance of the relevant City/Do: Provided, That where any statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to the designation and governance committee for specialized middle schools provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the designation and governance committee for specialized middle schools as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017> |
[This Article Newly Inserted on Sep. 15, 2015]
[Previous Article 76-2 moved to Article 76-3 <Sep. 15, 2015>]
| Article 76-3 (Classification of High Schools) |
High schools shall be classified as listed below, based on autonomy in the operation of curricula and schools: <Amended on Dec. 30, 2011>
| 1. | General high schools (referring to high schools providing general education in various disciplines other than a specific one, but including high schools not falling under those referred to in subparagraphs 2 through 4; hereinafter the same shall apply); |
| 4. | Autonomous high schools (referring to autonomous private high schools under Article 91-3 and autonomous public high schools under Article 91-4). |
[This Article Newly Inserted on Jun. 29, 2010]
[Moved from Article 76-2 <Sep. 15, 2015>]
| Article 76-3 (Classification of High Schools) |
High schools shall be classified as listed below, based on autonomy in the operation of curricula and schools: <Amended on Dec. 30, 2011; Feb. 28, 2020>
| 1. | General high schools (referring to high schools providing general education in various disciplines other than a specific one, but including high schools not falling under those under subparagraphs 2 and 3; hereinafter the same shall apply); |
| 4. | Deleted. <Feb. 28, 2020> |
[This Article Newly Inserted on Jun. 29, 2010]
[Moved from Article 76-2 <Sep.. 15, 2015>]
[Enforcement Date: Mar. 1, 2025] Article 76-3
| Article 77 (Administrator of Admission Process for High Schools) |
| (1) | An admission process for a high school shall be conducted by the head of the school. In such cases, matters necessary for the admission process, such as the method of an admission process, shall be determined by the head of the school upon approval by the superintendent of education. |
| (2) | Notwithstanding paragraph (1), an admission process for the second group of schools referred to in Article 80 (1) (excluding special-purpose high schools prescribed in Article 90 (1) 6 and autonomous private high schools prescribed in Article 91-3) in an area prescribed by ordinance of a City/Do that satisfies all of the following requirements shall be conducted by the superintendent of education: <Amended on Mar. 18, 2011; Dec. 29, 2017> |
| 1. | It shall not cause any commuting difficulty to students, considering the distance between schools and the development of transportation systems; |
| 2. | The number of middle school graduates shall keep a proper balance with the fixed number of admission of high school; |
| 3. | It shall be proper for the superintendent of education to conduct an admission process as a result of conducting a feasibility study including each of the following items: |
| (a) | Determination of school groups; |
| (b) | Methods for assigning students; |
| (c) | Plans to narrow the education gap between schools; |
| (d) | Plans to reduce non-preferred schools; |
| (e) | Plans to diversify and specialize the curricula of unit schools; |
| 4. | The results of opinion polls conducted for students, their parents, etc. residing in the area where the relevant high school is located shall satisfy the standards prescribed by ordinance of the relevant City/Do. In such cases, the contents of the opinion polls shall include each item of subparagraph 3. |
| (3) | Where ordinance of a City/Do is to be revised to revoke the designation of an area where the superintendent of education conducts an admission process pursuant to paragraph (2), the results of opinion polls conducted for students, their parents, etc. residing in the area where the relevant high school is located shall satisfy the standards prescribed by ordinance of the relevant City/Do. <Newly Inserted on Mar. 18, 2011> |
| (4) | Specific details necessary for conducting a feasibility study and opinion polls under paragraphs (2) 3 and 4 and (3) shall be prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Mar. 18, 2011> |
| Article 77 (Administrator of Admission Process for High Schools) |
| (1) | An admission process for a high school shall be conducted by the head of the school. In such cases, matters necessary for the admission process, such as the method of an admission process, shall be determined by the head of the school upon approval by the superintendent of education. |
| (2) | Notwithstanding paragraph (1), an admission process for the second group of schools under Article 80 (1) in an area prescribed by ordinance of a City/Do that satisfies all of the following requirements shall be conducted by the superintendent of education: <Amended on Mar. 18, 2011; Dec. 29, 2017; Feb. 28, 2020> |
| 1. | It shall not cause any commuting difficulty to students, considering the distance between schools and the development of transportation systems; |
| 2. | The number of middle school graduates shall keep a proper balance with the fixed number of admission of high school; |
| 3. | It shall be proper for the superintendent of education to conduct an admission process as a result of conducting a feasibility study including each of the following items: |
| (a) | Determination of school groups; |
| (b) | Methods for assigning students; |
| (c) | Plans to narrow the education gap between schools; |
| (d) | Plans to reduce non-preferred schools; |
| (e) | Plans to diversify and specialize the curricula of unit schools; |
| 4. | The results of opinion polls conducted for students, their parents, etc. residing in the area where the relevant high school is located shall satisfy the standards prescribed by ordinance of the relevant City/Do. In such cases, the contents of the opinion polls shall include each item of subparagraph 3. |
| (3) | Where ordinance of a City/Do is to be revised to revoke the designation of an area where the superintendent of education conducts an admission process pursuant to paragraph (2), the results of opinion polls conducted for students, their parents, etc. residing in the area where the relevant high school is located shall satisfy the standards prescribed by ordinance of the relevant City/Do. <Newly Inserted on Mar. 18, 2011> |
| (4) | Specific details necessary for conducting a feasibility study and opinion polls under paragraphs (2) 3 and 4 and (3) shall be prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Mar. 18, 2011> |
[Enforcement Date: Mar. 1, 2025] Article 77
| Article 78 (Formulation and Public Announcement of Master Plan for Admission Process) |
| (1) | For the fair administration of the admission process for high schools, the superintendent of education shall formulate and publicly announce a master plan for admission process which specifies basic matters concerning the admission process, such as procedures for and methods of execution and modified matters of the admission process of the following school year of high schools located within his or her jurisdiction by March 31 each year: Provided, That if any justifiable reason exists, such as changes in the classification of high schools under Article 76-3 after the public announcement thereof, he or she shall formulate a modified plan by no later than three months prior to the date of conducting the admission process and publicly announce it. <Amended on Jun. 7, 2011; Sep. 15, 2015> |
| (2) | Where an administrator of admission process intends to conduct an admission process, he or she shall formulate and publicly announce a plan to conduct the admission process, such as the date and time of admission process, receipt of applications, and method of admission process by no later than three months prior to the execution date (by no later than 30 days prior to the date of conducting the admission process, if a school is scheduled to open in the following school year) within the extent of a master plan for admission process (hereinafter referred to as "master plan for admission process") pursuant to paragraph (1). |
[This Article Wholly Amended on Mar. 27, 2009]
| Article 79 (Committee for High School Admission Process) |
| (1) | A committee for high school admission process shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters on the admission process for high schools to provide advice required by the superintendent of education: <Amended on Mar. 27, 2009; Dec. 30, 2011; Jul. 2, 2019> |
| 1. | Matters concerning a master plan for admission process and an implementation plan for admission process; |
| 2. | Matters concerning the scope of selection examinations and the methods for setting exam questions and establishing scoring standards therefor; |
| 3. | Matters concerning the assessment methods for school records or the results of selection examinations; |
| 5. | Other matters concerning the conducting of an admission process, which the superintendents of education refer to meetings. |
| (2) | Matters necessary for the organization and operation of a committee for high school admission process shall be determined by educational rules of the relevant City/Do. |
| (3) | Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a committee for high school admission process is established under the jurisdiction of the superintendent of education, such committee may replace the function of a committee for high school admission process, as prescribed by ordinance of the relevant City/Do: Provided, That where any statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a committee for high school admission process provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the committee for high school admission process, as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017> |
| Article 79 (Committee for High School Admission Process) |
| (1) | A committee for high school admission process shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters on the admission process for high schools to provide advice required by the superintendent of education: <Amended on Mar. 27, 2009; Dec. 30, 2011; Jul. 2, 2019; Feb. 28, 2020> |
| 1. | Matters concerning a master plan for admission process and an implementation plan for admission process; |
| 2. | Matters concerning the scope of selection examinations and the methods for setting exam questions and establishing scoring standards therefor; |
| 3. | Matters concerning the assessment methods for school records or the results of selection examinations; |
| 4. | Deleted; <Feb. 28, 2020> |
| 5. | Other matters concerning the conducting of an admission process, which the superintendents of education refer to meetings. |
| (2) | Matters necessary for the organization and operation of a committee for high school admission process shall be determined by educational rules of the relevant City/Do. |
| (3) | Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a committee for high school admission process is established under the jurisdiction of the superintendent of education, such committee may replace the function of a committee for high school admission process, as prescribed by ordinance of the relevant City/Do: Provided, That where any statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a committee for high school admission process provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the committee for high school admission process, as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017> |
[Enforcement Date: Mar. 1, 2025] Article 79
| Article 80 (Classification of Selection Time) |
| (1) | The time for selecting new high school students shall be divided into the first term and the second term, and schools or departments selecting students in the first term (hereinafter referred to as "first group of schools") mean the following high schools or departments, and schools or departments selecting students in the second term (hereinafter referred to as "second group of schools") mean high schools or departments, other than the first group of schools: <Amended on Apr. 12, 2007; Mar. 27, 2009; Jun. 29, 2010; Dec. 30, 2011; Dec. 29, 2017> |
| 1. | Deleted; <Jun. 29, 2010> |
| 2. | Art and athletic high schools (referring to high schools which mainly provide technical education, such as arts and athletics; hereinafter the same shall apply) among general high schools; |
| 3. | Special-purpose high schools under Article 90: Provided, That special-purpose high schools prescribed in Article 90 (1) 6 shall be excluded herefrom; |
| 5. | Deleted; <Dec. 29, 2017> |
| 6. | Departments determined by the superintendent of education among those established in general high schools (limited to departments established for the purposes of training artists and athletics or training talented persons in a specific field corresponding to specialized high schools under Article 91). |
| (2) | Notwithstanding paragraph (1), schools located in areas determined and publicly notified by the Minister of Education may select new high school students by separately determining the timing for selecting students. <Amended on Jun. 29, 2010; Mar. 23, 2013> |
| Article 80 (Classification of Selection Time) |
| (1) | The time for selecting new high school students shall be divided into the first term and the second term, and schools or departments selecting students in the first term (hereinafter referred to as "first group of schools") mean the following high schools or departments, and schools or departments selecting students in the second term (hereinafter referred to as "second group of schools") mean high schools or departments, other than the first group of schools: <Amended on Apr. 12, 2007; Mar. 27, 2009; Jun. 29, 2010; Dec. 30, 2011; Dec. 29, 2017; Feb. 28, 2020> |
| 1. | Deleted; <Jun. 29, 2010> |
| 2. | Art and athletic high schools (referring to high schools which mainly provide technical education, such as arts and athletics; hereinafter the same shall apply) among general high schools; |
| 5. | Deleted; <Dec. 29, 2017> |
| 6. | Departments determined by the superintendent of education among those established in general high schools (limited to departments established for the purposes of training artists and athletics or training talented persons in a specific field corresponding to specialized high schools under Article 91). |
| (2) | Notwithstanding paragraph (1), schools located in areas determined and publicly notified by the Minister of Education may select new high school students by separately determining the timing for selecting students. <Amended on Jun. 29, 2010; Mar. 23, 2013> |
[Enforcement Date: Mar. 1, 2025] Article 80
| Article 81 (Applications for Admission Process) |
| (1) | Any person who intends to apply for an admission process for a high school shall select one school in the area where the middle school he or she has attended is located and apply for admission with the administrator of admission process of the relevant school: Provided, That a person who falls under any of subparagraphs 1 through 3 shall apply for admission with the administrator of admission process having jurisdiction over the place of his or her residence, and a person who falls under subparagraph 4 or 5 may choose a school located in the area where the middle school he or she has attended is located and apply for admission with the administrator of admission process of the relevant school or with the administrator of admission process having jurisdiction over the place of his or her residence defined in Article 89 (4): <Amended on May 16, 2007; Mar. 27, 2009; Dec. 30, 2011; Jan. 6, 2015> |
| 1. | A person who falls under any subparagraph of Article 97 (1); |
| 2. | A person who has received education in another City/Do due to a middle school district; |
| 3. | A middle school graduate whose place of residence has been relocated; |
| 4. | A graduate-to-be or a graduate from a specialized middle school referred to in Article 76; |
| 5. | A graduate-to-be or a graduate from a middle school which is designated as an autonomous school pursuant to Article 105 (1) and selects students by a method other than sortition according to districts and school groups prescribed in Article 68 (1). |
| (2) | Notwithstanding paragraph (1), if it is deemed appropriate that a person who intends to apply for an admission process for a high school enters a high school located in a neighboring City/Do due to justifiable educational grounds, such that he or she has difficulty in commuting due to distance or inconvenient transportation or that there is no first group of school he or she intends to apply for in the area where a middle school that he or she has attended is located, he or she may apply for admission with the administrator of admission process for the neighboring high school, as determined by the superintendent of education through consultation. <Amended on Mar. 27, 2009> |
| (3) | Notwithstanding paragraph (1), any person who intends to apply for an admission process for any of the following high schools among the first group of schools shall select one high school, regardless of the area where a middle school he or she has attended is located (in cases of a person falling under any subparagraph of paragraph (1), referring to the area in which he or she resides), and shall apply for admission with the administrator of admission process of the relevant high school: <Amended on Mar. 27, 2009; Jun. 29, 2010; Jun. 7, 2011; Mar. 23, 2013> |
| 2. | A special-purpose high school falling under Article 90 (1) 7 and 10; |
| 3. | A school designated by the Minister of Education or the superintendent of education among specialized high schools prescribed in Article 91; |
| 4. | Deleted. <Jun. 29, 2010> |
| (4) | A person who intends to enter a high school which provides day classes (hereinafter referred to as "day session") and evening classes (hereinafter referred to as "evening session") may simultaneously apply for both a day session and an evening session for the same school. |
| (5) | Notwithstanding the main clause of paragraph (1), a person who intends to enter a day session of the second group of schools in the area prescribed by ordinance of the relevant City/Do pursuant to Article 77 (2) may select and apply to at least two schools according to the methods and procedures determined by the superintendent of education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 29, 2017; Sep. 24, 2019> |
| (7) | Notwithstanding paragraphs (1) and (3), a person who applied for an admission process for a high school tailored to industry demand referred to in Article 90 (1) 10 but has failed to be selected may reapply for the admission to the administrator of admission process of any of the following high schools or departments: <Newly Inserted on Jan. 6, 2015> |
| 1. | High schools that provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1); |
| 2. | Departments determined by the superintendent of education among those established in general high schools for the purpose of training talents in a specific field corresponding to specialized high schools under Article 91. |
| (8) | Notwithstanding paragraphs (1) and (3), a person who applied for the special admission process prescribed in Article 82 (8) but has failed to be selected may reapply for the admission with the administrator of admission process referred to in paragraph (7). <Newly Inserted on Jan. 6, 2015> |
Paragraph (5) of this Article was amended following the decision of unconstitutionality made by the constitutional on April 11, 2019 in accordance with Presidential Decree No. 30088 (September 24, 2019).
| Article 81 (Applications for Admission Process) |
| (1) | Any person who intends to apply for an admission process for a high school shall select one school in the area where the middle school he or she has attended is located and apply for admission with the administrator of admission process of the relevant school: Provided, That a person who falls under any of subparagraphs 1 through 3 shall apply for admission with the administrator of admission process having jurisdiction over the place of his or her residence, and a person who falls under subparagraph 4 or 5 may choose a school located in the area where the middle school he or she has attended is located and apply for admission with the administrator of admission process of the relevant school or with the administrator of admission process having jurisdiction over the place of his or her residence defined in Article 89 (4): <Amended on May 16, 2007; Mar. 27, 2009; Dec. 30, 2011; Jan. 6, 2015> |
| 1. | A person who falls under any subparagraph of Article 97 (1); |
| 2. | A person who has received education in another City/Do due to a middle school district; |
| 3. | A middle school graduate whose place of residence has been relocated; |
| 4. | A graduate-to-be or a graduate from a specialized middle school referred to in Article 76; |
| 5. | A graduate-to-be or a graduate from a middle school which is designated as an autonomous school pursuant to Article 105 (1) and selects students by a method other than sortition according to districts and school groups prescribed in Article 68 (1). |
| (2) | Notwithstanding paragraph (1), if it is deemed appropriate that a person who intends to apply for an admission process for a high school enters a high school located in a neighboring City/Do due to justifiable educational grounds, such that he or she has difficulty in commuting due to distance or inconvenient transportation or that there is no first group of school he or she intends to apply for in the area where a middle school that he or she has attended is located, he or she may apply for admission with the administrator of admission process for the neighboring high school, as determined by the superintendent of education through consultation. <Amended on Mar. 27, 2009> |
| (3) | Notwithstanding paragraph (1), any person who intends to apply for an admission process for any of the following high schools among the first group of schools shall select one high school, regardless of the area where a middle school he or she has attended is located (in cases of a person falling under any subparagraph of paragraph (1), referring to the area in which he or she resides), and shall apply for admission with the administrator of admission process of the relevant high school: <Amended on Mar. 27, 2009; Jun. 29, 2010; Jun. 7, 2011; Mar. 23, 2013; Feb. 28, 2020> |
| 1. | Deleted; <Feb. 28, 2020> |
| 2. | A special-purpose high school falling under Article 90 (1) 7 and 10; |
| 3. | A school designated by the Minister of Education or the superintendent of education among specialized high schools prescribed in Article 91; |
| 4. | Deleted. <Jun. 29, 2010> |
| (4) | A person who intends to enter a high school which provides day classes (hereinafter referred to as "day session") and evening classes (hereinafter referred to as "evening session") may simultaneously apply for both a day session and an evening session for the same school. |
| (5) | Notwithstanding the main clause of paragraph (1), a person who intends to enter a day session of the second group of schools in the area prescribed by ordinance of the relevant City/Do pursuant to Article 77 (2) may select and apply to at least two schools according to the methods and procedures determined by the superintendent of education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 29, 2017; Sep. 24, 2019> |
| (7) | Notwithstanding paragraphs (1) and (3), a person who applied for an admission process for a high school tailored to industry demand referred to in Article 90 (1) 10 but has failed to be selected may reapply for the admission to the administrator of admission process of any of the following high schools or departments: <Newly Inserted on Jan. 6, 2015> |
| 1. | High schools that provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1); |
| 2. | Departments determined by the superintendent of education among those established in general high schools for the purpose of training talents in a specific field corresponding to specialized high schools under Article 91. |
| (8) | Notwithstanding paragraphs (1) and (3), a person who applied for the special admission process prescribed in Article 82 (8) but has failed to be selected may reapply for the admission with the administrator of admission process referred to in paragraph (7). <Newly Inserted on Jan. 6, 2015> |
Paragraph (5) of this Article was amended following the decision of unconstitutionality made by the constitutional on April 11, 2019 in accordance with Presidential Decree No. 30088 (September 24, 2019).
[Enforcement Date: Mar. 1, 2025] Article 81
| Article 81-2 (Special Cases on Registration of Students) |
The head of a high school meeting all of the following requirements may receive applications for admission from persons (persons falling under any subparagraph of Article 81 (1) shall be those residing in the area, other than the area where the relevant high school is located) who have attended in a middle school, other than the area where the relevant high school is located, within the extent determined by the relevant administrator of admission process in prior consultation with the Minister of Education. In such cases, the ratio of registration of students shall be determined within the extent that does not impair the application principle of the admission process under Article 81 (1): <Amended on Mar. 23, 2013> | 1. | He or she shall not receive labor costs for teachers and staff and operating expenses for school and curricula referred to in attached Table 1 of the Enforcement Decree of the Local Education Subsidy Act from the State or a local government; |
| 2. | An amount (hereinafter referred to as "money transferred from a school foundation") transferred to school accounts from school foundation accounts each year shall be not less than the standard prescribed by the Minister of Education; |
| 3. | It shall be deemed necessary by the Minister of Education after evaluating the formation and operation of curricula, operation of school affairs, teaching and studying methods, etc. |
[This Article Newly Inserted on Mar. 27, 2009]
Deleted. <Feb. 28, 2020> [Enforcement Date: Mar. 1, 2025] Article 81-2
| Article 82 (Methods of Admission Process) |
| (1) | An admission process for the first group of schools may be conducted upon reflecting student records of middle school (in the absence of school records, data available in lieu thereof) to the extent not exceeding the level and scope of curriculum of middle schools and all or part of the following in order to enhance students' self-learning ability, as determined by the superintendent of education: <Amended on Jun. 29, 2010; Dec. 30, 2011> |
| 1. | A letter of recommendation by a teacher of the middle school which an applicant attends or graduated from; |
| 3. | Other matters that may assess a student's self-learning ability, such as the results of an examination for practical skills. |
| (2) | An admission process for the second group of schools shall be conducted with school records (in the absence of school records, data available in lieu thereof) of middle school or an examination for selecting students, or with a combination thereof or in the method prescribed in paragraph (1): Provided, That the admission process for any of the following schools shall be as follows: <Amended on Dec. 30, 2011; Dec. 29, 2017> |
| 1. | Special-purpose high schools prescribed in Article 90 (1) 6: The methods provided for in paragraph (1); |
| 2. | Autonomous private high schools prescribed in Article 91-3: The methods prescribed by Ordinance of the Ministry of Education. |
| (3) | Notwithstanding paragraphs (1) and (2), an admission process for any of the following persons may be conducted in any methods other than those referred to in the same paragraphs: <Amended on Sep. 29, 2005; Feb. 22, 2008; Jun. 29, 2010> |
| 1. | Persons who have completed school education of at least nine years or school education equivalent to that of an elementary school and a middle school in a foreign country or in the area north of the Military Demarcation Line; |
| 2. | Any of the following persons who have transferred or gained transfer admission from a foreign school to a domestic middle school and graduated from the domestic middle school: |
| (a) | Students returning to Korea after having attending a foreign school for at least two years (limited to those who lived with their parents overseas for at least two years); |
| (b) | Children of scientific technicians and professors returning to Korea upon the invitation or on the recommendation of the Government; |
| (c) | Foreign students (referring to students who have completed the middle school curricula for at least two years overseas, if one or both of the parents is a national of the Republic of Korea); |
| 3. | Persons subject to protection defined in subparagraph 2 of Article 2 of the North Korean Refugees Protection and Settlement Support Act, who have gained transfer admission to and graduated from a middle school in the area south of the Military Demarcation Line after having attended a school north of the Military Demarcation Line for at least two years; |
| 4. | Persons recognized that they have academic background equivalent to that of a middle school graduate pursuant to Article 97 (1) 3 or 98-3. |
| (4) | In applying paragraph (3) 2 (a), if the period of school attendance or the period of residence falls short of two years for unavoidable reasons, such as the period required for admission to a foreign school, they may apply by shortening the period of attendance at school or the period of residence listed in the same subparagraph and item through a review by an admission committee on qualifications for exceptional admission to high schools established in a City/Do. <Amended on Feb. 27, 1999> |
| (5) | Matters necessary for the establishment and operation of the admission committee on qualifications for exceptional admission to high schools referred to in paragraph (4) shall be determined by the superintendent of education. <Amended on Feb. 27, 1999> |
| (6) | Notwithstanding paragraphs (1) and (2), the admission process for high schools meeting all of the following requirements may be conducted with a method determined by the head of the relevant high school in a specific ratio of the admission approved by the superintendent of education: <Newly Inserted on Mar. 2, 2001; Mar. 27, 2009; Jun. 29, 2010; Mar. 18, 2011; Mar. 23, 2013; Feb. 27, 2018> |
| 1. | Deleted; <Mar. 27, 2009> |
| 2. | Any of the following schools: |
| (a) | Schools managed by a school foundation established by contribution from an enterprise for the improvement of employees' welfare; |
| (b) | Among autonomous private high schools under Article 91-3, schools supported by an enterprise located in an innovative city under subparagraph 3 of Article 2 of the Special Act on the Construction and Development of Innovation Cities, an enterprise city under subparagraph 1 of Article 2 of the Special Act on the Development of Enterprise Cities, a free economic zone under subparagraph 1 of Article 2 of the Special Act on Designation and Management of Free Economic Zone, and cities and districts under other statutes, as prescribed by Ordinance of the Ministry of Education with independent or joint contributions according to the standards and procedures prescribed by Ordinance of the Ministry of Education; |
| 3. | It shall not receive any financial subsidies from the State or local governments. |
| (7) | Deleted. <Dec. 29, 2017> |
| (8) | Notwithstanding paragraph (1), the administrator of admission process of any of the following high schools or departments may conduct a special admission process for selecting students, taking into account their temperament, aptitude, employment volition, etc. before conducting the admission process under paragraph (1). In such cases, all or part of the data for the admission process referred to in paragraph (1) shall be reflected, and evaluation factors for admission shall be organized in the manner to make it possible to select students with high temperament, aptitude, employment volition, etc.: <Newly Inserted on Jan. 6, 2015> |
| 1. | High schools that provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1); |
| 2. | Departments determined by the superintendent of education among those established in general high schools for the purpose of training talents in a specific field corresponding to specialized high schools under Article 91. |
| Article 82 (Methods of Admission Process) |
| (1) | An admission process for the first group of schools may be conducted upon reflecting student records of middle school (in the absence of school records, data available in lieu thereof) to the extent not exceeding the level and scope of curriculum of middle schools and all or part of the following in order to enhance students' self-learning ability, as determined by the superintendent of education: <Amended on Jun. 29, 2010; Dec. 30, 2011> |
| 1. | A letter of recommendation by a teacher of the middle school which an applicant attends or graduated from; |
| 3. | Other matters that may assess a student's self-learning ability, such as the results of an examination for practical skills. |
| (2) | An admission process for the second group of schools shall be conducted with school records (in the absence of school records, data available in lieu thereof) of middle school or an examination for selecting students, or with a combination thereof or in the method prescribed in paragraph (1): <Amended on Dec. 30, 2011; Dec. 29, 2017; Feb. 28, 2020> |
| 1. | Deleted; <Feb. 28, 2020> |
| 2. | Deleted. <Feb. 28, 2020> |
| (3) | Notwithstanding paragraphs (1) and (2), an admission process for any of the following persons may be conducted in any methods other than those referred to in the same paragraphs: <Amended on Sep. 29, 2005; Feb. 22, 2008; Jun. 29, 2010> |
| 1. | Persons who have completed school education of at least nine years or school education equivalent to that of an elementary school and a middle school in a foreign country or in the area north of the Military Demarcation Line; |
| 2. | Any of the following persons who have transferred or gained transfer admission from a foreign school to a domestic middle school and graduated from the domestic middle school: |
| (a) | Students returning to Korea after having attending a foreign school for at least two years (limited to those who lived with their parents overseas for at least two years); |
| (b) | Children of scientific technicians and professors returning to Korea upon the invitation or on the recommendation of the Government; |
| (c) | Foreign students (referring to students who have completed the middle school curricula for at least two years overseas, if one or both of the parents is a national of the Republic of Korea); |
| 3. | Persons subject to protection defined in subparagraph 2 of Article 2 of the North Korean Refugees Protection and Settlement Support Act, who have gained transfer admission to and graduated from a middle school in the area south of the Military Demarcation Line after having attended a school north of the Military Demarcation Line for at least two years; |
| 4. | Persons recognized that they have academic background equivalent to that of a middle school graduate pursuant to Article 97 (1) 3 or 98-3. |
| (4) | In applying paragraph (3) 2 (a), if the period of school attendance or the period of residence falls short of two years for unavoidable reasons, such as the period required for admission to a foreign school, they may apply by shortening the period of attendance at school or the period of residence listed in the same subparagraph and item through a review by an admission committee on qualifications for exceptional admission to high schools established in a City/Do. <Amended on Feb. 27, 1999> |
| (5) | Matters necessary for the establishment and operation of the admission committee on qualifications for exceptional admission to high schools referred to in paragraph (4) shall be determined by the superintendent of education. <Amended on Feb. 27, 1999> |
| (6) | Notwithstanding paragraphs (1) and (2), the admission process for high schools meeting all of the following requirements may be conducted by a method determined by the head of the relevant high school under which the head of a relevant school allocates a specific percentage of the overall enrollment quota after obtaining approval from the superintendent of education: <Newly Inserted on Mar. 2, 2001; Mar. 27, 2009; Jun. 29, 2010; Mar. 18, 2011; Mar. 23, 2013; Feb. 27, 2018; Feb. 28, 2020> |
| 1. | Deleted; <Mar. 27, 2009> |
| 2. | Schools shall be managed by a school foundation established with contribution from an enterprise for the improvement of employees' welfare: |
| 3. | It shall not receive any financial subsidies from the State or local governments. |
| (7) | Deleted. <Dec. 29, 2017> |
| (8) | Notwithstanding paragraph (1), the administrator of admission process of any of the following high schools or departments may conduct a special admission process for selecting students, taking into account their temperament, aptitude, employment volition, etc. before conducting the admission process under paragraph (1). In such cases, all or part of the data for the admission process referred to in paragraph (1) shall be reflected, and evaluation factors for admission shall be organized in the manner to make it possible to select students with high temperament, aptitude, employment volition, etc.: <Newly Inserted on Jan. 6, 2015> |
| 1. | High schools that provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1); |
| 2. | Departments determined by the superintendent of education among those established in general high schools for the purpose of training talents in a specific field corresponding to specialized high schools under Article 91. |
[Enforcement Date: Mar. 1, 2025] Article 82
| Article 82-2 (Special Cases on Admission Process for North Korean Refugees) |
| (1) | The superintendent of education may conduct a special admission process for persons subject to protection as defined in subparagraph 2 of Article 2 of the North Korean Refugees Protection and Settlement Support Act, who are graduates of middle schools or who are deemed to have an academic background equivalent to that of middle school graduates under Articles 97 (1) and 98-3 (1) to enable them to apply for an admission process of any of the following high schools or departments: |
| 1. | High schools tailored to industrial demand referred to in Article 90 (1) 10; |
| 2. | High schools which provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1); |
| 3. | Departments determined by the superintendent of education among departments established in general high schools for training talents in a specific field corresponding to specialized high schools under Article 91. |
| (2) | A special admission process in paragraph (1) shall be conducted in a way that the head of the relevant school sets aside a certain number in the fixed number of admission process referred to in paragraph (1) or adopts a supernumerary quota for admission. |
[This Article Newly Inserted on Jan. 6, 2015]
| Article 83 (Method of Selection Examination) |
| (1) | A selection examination pursuant to Article 82 shall be conducted for all subjects of a middle school within the extent not exceeding the level and extent of curricula of a middle school, and where an administrator of admission process specially deems it necessary for the establishment of a school or purpose of designation and operation of curricula or such, part of those subjects may be excluded therefrom. <Amended on Mar. 27, 2009> |
| (2) | A selection shall be made by written examination, and for physical education course, it may be replaced by an examination of physical strength: Provided, That rating physical education for physically handicapped children shall be conducted by means, other than an examination of physical strength. <Amended on Mar. 23, 2021> |
| (3) | The scope and rating method of physical education for the physically handicapped children under the proviso of paragraph (2) shall be determined by the superintendent of education. <Amended on Mar. 23, 2021> |
| Article 84 (Methods of Selecting and Assigning New Students of Second Group of Schools) |
| (1) | New students at the second group of schools shall be selected by the order of a day session and an evening session. |
| (2) | New students of a day session at the second group of schools in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2) shall be assigned through sortition to each high school according to high school groups by the superintendent of education, and where they select and apply for at least two schools pursuant to Article 81 (5), all or part of the fixed number of the school may be assigned through sortition among the applicants for admission: Provided, That new students of any special-purpose high school prescribed in Article 90 (1) 6 or any autonomous private high school prescribed in Article 91-3 shall be selected by the head of the relevant school. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 29, 2017> |
| (3) | Notwithstanding the main clause of paragraph (2), among the second group of schools of day sessions in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2), in cases of schools designated by the superintendent of education on the ground that assigning students to such schools through sortition is impractical due to any unique circumstances facing them, including such schools being located in an area where commuting to schools is extremely inconvenient due to distance or poor transportation, new students of such schools may be selected by the heads of the relevant schools instead of being assigned by the superintendent of education through sortition. <Amended on Dec. 29, 2017> |
| (4) | New students of evening sessions at the second group of schools in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2) shall be selected by the head of the relevant school according to the data on admission process, of which the superintendent of education notified each school. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011> |
| (5) | School groups referred to in the main clause of paragraph (2) shall be determined by the superintendent of education through a resolution by the City/Do council, taking into account the distribution of schools and regional conditions of a City/Do. <Amended on Jan. 6, 2015; Dec. 29, 2017> |
| (6) | If the superintendent of education determines school groups pursuant to paragraph (5), he or she shall publicly notify such fact. |
| (7) | A committee for management of high school admission sortition shall be established at each school group to comply with advice provided by the superintendent of education on the sortition and assignment of the second group of schools referred to in the main clause of paragraph (2), and matters concerning its organization and operation shall be determined by the educational rules of the relevant City/Do. <Amended on Dec. 29, 2017> |
| (8) | Where a person who has been assigned to a high school pursuant to paragraphs (1) through (4), and Articles 85 (2), 86, and 87 gives up admission to the relevant school, he or she shall not be assigned to another school in the year. |
| Article 84 (Methods of Selecting and Assigning New Students of Second Group of Schools) |
| (1) | New students at the second group of schools shall be selected by the order of a day session and an evening session. |
| (2) | New students of a day session at the second group of schools in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2) shall be assigned through sortition to each high school according to high school groups by the superintendent of education, and where they select and apply for at least two schools pursuant to Article 81 (5), all or part of the fixed number of the school may be assigned through sortition among the applicants for admission. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 29, 2017; Feb. 28, 2020> |
| (3) | Notwithstanding paragraph (2), among the second group of schools of day sessions in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2), in cases of schools designated by the superintendent of education on the ground that assigning students to such schools through sortition is impractical due to any unique circumstances facing them, including such schools being located in an area where commuting to schools is extremely inconvenient due to distance or poor transportation, new students of such schools may be selected by the heads of the relevant schools instead of being assigned by the superintendent of education through sortition. <Amended on Dec. 29, 2017; Feb. 28, 2020> |
| (4) | New students of evening sessions at the second group of schools in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2) shall be selected by the head of the relevant school according to the data on admission process, of which the superintendent of education notified each school. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011> |
| (5) | School groups under paragraph (2) shall be determined by the superintendent of education through a resolution by the City/Do council, taking into account the distribution of schools and regional conditions of a City/Do. <Amended on Jan. 6, 2015; Dec. 29, 2017; Feb. 28, 2020> |
| (6) | If the superintendent of education determines school groups pursuant to paragraph (5), he or she shall publicly notify such fact. |
| (7) | A committee for management of high school admission sortition shall be established at each school group to comply with advice provided by the superintendent of education on the sortition and assignment of the second group of schools under paragraph (2), and matters concerning its organization and operation shall be determined by the educational rules of the relevant City/Do. <Amended on Dec. 29, 2017; Feb. 28, 2020> |
| (8) | Where a person who has been assigned to a high school pursuant to paragraphs (1) through (4), and Articles 85 (2), 86, and 87 gives up admission to the relevant school, he or she shall not be assigned to another school in the year. |
[Enforcement Date: Mar. 1, 2025] Article 84
| Article 85 (Application for Second Group of Schools by Applicants for First Group of Schools) |
| (1) | Persons who are selected as new students of the first group of schools shall not enter the second group of schools. |
| (2) | Persons who apply for the first group of schools and fail to be selected as new students shall, if they wish to enter the second group of schools, be selected and assigned by the superintendent of education or selected by the head of the school pursuant to Article 84 (1) through (4). |
| Article 86 (Additional Selection and Assignment) |
| (1) | Where the superintendent of education deems necessary according to the student allocation plan formulated under Article 52, he or she may additionally select and assign new students of high schools that directly conduct an admission process pursuant to Articles 81, 81-2, 82, 82-2, and 83 through 85. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 27, 2009; Jun. 29, 2010; Oct. 30, 2013; Dec. 29, 2017> |
| (2) | In cases of high schools or departments thereof in whose case the number of selected students falls short of the fixed number of students to be recruited when the process for recruiting students is completed, the head of the relevant high school (limited to high schools where an admission process is conducted by the heads thereof) may additionally select new students pursuant to Articles 81-2, 82, 82-2, and 83 through 85. <Newly Inserted on Dec. 29, 2017> |
| (3) | The additional selection and assignment of students prescribed in paragraphs (1) and (2) shall not apply to those who have passed the high school admission process for the relevant school year <Newly Inserted on Dec. 29, 2017> |
[Title Amended on Dec. 29, 2017]
| Article 86 (Additional Selection and Assignment) |
| (1) | Where the superintendent of education deems necessary according to the student allocation plan formulated under Article 52, he or she may additionally select and assign new students of high schools that directly conduct an admission process pursuant to Articles 81, 82, 82-2, and 83 through 85. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 27, 2009; Jun. 29, 2010; Oct. 30, 2013; Dec. 29, 2017; Feb. 28, 2020> |
| (2) | In cases of high schools or departments thereof in whose case the number of selected students falls short of the fixed number of students to be recruited when the process for recruiting students is completed, the head of the relevant high school (limited to high schools where an admission process is conducted by the heads thereof) may additionally select new students pursuant to Articles 82, 82-2, and 83 through 85. <Newly Inserted on Dec. 29, 2017; Feb. 28, 2020> |
| (3) | The additional selection and assignment of students prescribed in paragraphs (1) and (2) shall not apply to those who have passed the high school admission process for the relevant school year <Newly Inserted on Dec. 29, 2017> |
[Title Amended on Dec. 29, 2017]
[Enforcement Date: Mar. 1, 2025] Article 86
| Article 87 (Assignment of Student Athletes) |
| (1) | The superintendent of education shall admit student athletes among applicants for the admission process within the limits determined by him or her of the fixed number of admission in the school year within his or her jurisdiction, notwithstanding the results of the admission process, and for the second group of schools in the areas prescribed by ordinance of a City/Do pursuant to Article 77 (2), he or she shall, notwithstanding Article 84 (1) and (2), determine athletic specialty schools and the fixed number by sport and assign student athletes thereunder. <Amended on Jan.29, 2001; Feb. 29, 2008; Mar. 18, 2011> |
| (2) | If it is deemed difficult for a physically handicapped person selected upon application for admission to commute to school, the superintendent of education may, notwithstanding Article 84 (1) and (2), designate a school and have him or her enter the school. <Amended on Mar. 23, 2021> |
| (3) | The scope of student athletes under paragraph (1) and the method of acknowledging the physically handicapped children under paragraph (2) shall be determined by the superintendent of education. <Amended on Mar. 23, 2021> |
| Article 88 (Application Fees) |
Persons who intend to apply for the admission process pursuant to Article 81 shall pay application fees, as determined by the educational rules of the relevant City/Do.
| Article 88-2 Deleted. <Sep. 15, 2015> |
| Article 89 (Transfer to High Schools) |
| (1) | The head of a high school may permit transfer or transfer admission among high schools (including various schools recognized to have academic background of a high school) within the extent not hindering the completion of the curricula: Provided, That transfer or transfer admission to special-purpose high schools under Article 90 (1) 5 and 6 shall comply with the standards and procedures determined and publicly notified by the superintendent of education: <Amended on Jun. 29, 2010; Dec. 30, 2011> |
| 1. | Deleted; <Dec. 30, 2011> |
| 2. | Deleted; <Dec. 30, 2011> |
| 3. | Deleted. <Dec. 30, 2011> |
| (2) | Notwithstanding paragraph (1), transfer from a general day-time high school to another general day-time high school located in an area prescribed by ordinance of a City/Do under Article 77 (2) shall be limited to where the place of residence of a person who wants the transfer is relocated from different school groups or City/Do, and the superintendent of education shall assign schools for them to transfer to. In such cases, if a person whose place of residence has been relocated wants to do so where there are no vacancies in a school located in the school group and there are vacancies in the neighboring school group, he or she may be granted transfer to schools located in the neighboring school group of his or her place of residence. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 30, 2011; Jan. 6, 2015> |
| (4) | "Place of residence" in paragraph (2) means the base of daily life of a person with parental authority under Article 909 of the Civil Act, or a guardian under Article 928 of the same Act. In such cases, whether the place of residence is the base of his or her daily life shall be determined by the superintendent of education. <Amended on Sep. 29, 2005> |
| (5) | Article 73 (6) shall apply mutatis mutandis to high schools. In such cases, "head of the district office of education" and "main clause of paragraph (1)" shall be construed as "superintendent of education" and “paragraphs (1) and (2),” respectively. <Amended on Oct. 18, 2016> |
| Article 89 (Transfer to High Schools) |
| (1) | The head of a high school may permit transfer or transfer admission among high schools (including various schools recognized to have academic background of a high school) within the extent not hindering the completion of the curricula: Provided, That transfer or transfer admission to special-purpose high schools under Article 90 (1) 5 shall comply with the standards and procedures determined and publicly notified by the superintendent of education: <Amended on Jun. 29, 2010; Dec. 30, 2011; Feb. 28, 2020> |
| 1. | Deleted; <Dec. 30, 2011> |
| 2. | Deleted; <Dec. 30, 2011> |
| 3. | Deleted. <Dec. 30, 2011> |
| (2) | Notwithstanding paragraph (1), transfer from a general day-time high school to another general day-time high school located in an area prescribed by ordinance of a City/Do under Article 77 (2) shall be limited to where the place of residence of a person who wants the transfer is relocated from different school groups or City/Do, and the superintendent of education shall assign schools for them to transfer to. In such cases, if a person whose place of residence has been relocated wants to do so where there are no vacancies in a school located in the school group and there are vacancies in the neighboring school group, he or she may be granted transfer to schools located in the neighboring school group of his or her place of residence. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 30, 2011; Jan. 6, 2015> |
| (4) | "Place of residence" in paragraph (2) means the base of daily life of a person with parental authority under Article 909 of the Civil Act, or a guardian under Article 928 of the same Act. In such cases, whether the place of residence is the base of his or her daily life shall be determined by the superintendent of education. <Amended on Sep. 29, 2005> |
| (5) | Article 73 (6) shall apply mutatis mutandis to high schools. In such cases, "head of the district office of education" and "main clause of paragraph (1)" shall be construed as "superintendent of education" and “paragraphs (1) and (2),” respectively. <Amended on Oct. 18, 2016> |
[Enforcement Date: Mar. 1, 2025] Article 89
| Article 89-2 (Admission, Transfer, and Transfer Admission of Returning Students) |
The guardian of any of the following children or students may be admitted, transfer, or gain transfer admission to a high school, as prescribed by school regulations, instead of taking the procedures for admission, transfer or transfer admission under Article 81 (1) or 89 (2): | 1. | Children or students who fall under Article 19 (1) 1 through 4; |
| 2. | Other children or students who cannot take the procedures for admission, transfer or transfer admission to a school under Article 81 (1) or 89 (2) for the reason that they did not reside in the Republic of Korea before being admitted, transferring, or gaining transfer admission to a high school, or have no school record in the Republic of Korea. |
[This Article Wholly Amended on Oct. 30, 2013]
| Article 90 (Special-Purpose High Schools) |
| (1) | The superintendent of education may designate and publicly notify a high school aiming for specialized education in a special field (hereinafter referred to as "special-purpose high school") from among the following schools: Provided, That national high schools among schools referred to in subparagraph 10 shall be designated and publicly notified by the Minister of Education: <Amended on Jan. 29, 2001; Mar. 2, 2001; May 16, 2007; Jun. 29, 2010; Mar. 23, 2013> |
| 1. | Deleted; <Jun. 29, 2010> |
| 2. | Deleted; <Jun. 29, 2010> |
| 3. | Deleted; <Jun. 29, 2010> |
| 4. | Deleted; <Jun. 29, 2010> |
| 5. | Science high schools to train talents in science; |
| 6. | Foreign language high schools to foster experts proficient in languages and international high schools to foster experts in international relations; |
| 7. | Arts high schools to train artists and athletic high schools to train athletes; |
| 8. | Deleted; <Jun. 29, 2010> |
| 9. | Deleted; <Jun. 29, 2010> |
| 10. | High schools providing tailored curricula directly connected to the demand of industry (hereinafter referred to as "high school tailored to industry demand"). |
| (2) | The head of a school foundation or a school that intends to be designated as a special-purpose high school shall prepare an application, including the following matters, and submit it to the Minister of Education or the superintendent of education: <Amended on Jun. 29, 2010; Mar. 23, 2013; Oct. 30, 2013> |
| 1. | A school operation plan; |
| 2. | A operation plan of curricula (including a plan for industrial-academic connection in cases of high schools tailored to industry demand); |
| 3. | A plan for establishing departments in cases of schools that intend to establish departments; |
| 4. | A plan for conducting an admission process; |
| 5. | A plan for the assignment of teachers; |
| 5-2. | A plan for open recruitment of principal (limited to high schools tailored to industry demand); |
| 6. | Other matters determined and publicly notified by the Minister of Education or the superintendent of education concerning the operation of special-purpose high schools. |
| (3) | Where the superintendent of education intends to designate and publicly notify a special-purpose high school referred to in paragraph (1) 5, 6, and 10 (limited to public or private high schools), he or she shall obtain prior consent from the Minister of Education. <Newly Inserted on May 16, 2007; Feb. 29, 2008; Jun. 29, 2010; Mar. 23, 2013; Dec. 9, 2014> |
| (4) | The superintendent of education may revoke the designation of a special-purpose high school, in any of the following cases: Provided, That in cases of a national high school designated and publicly notified by the Minister of Education under the proviso of paragraph (1), the Minister of Education may revoke the designation thereof, following consultation with the heads of the relevant central administrative agencies: <Amended on Feb. 18, 2014> |
| 1. | Where the budget has been executed by fraud or other improper means; |
| 2. | Where a student was selected by improper means; |
| 3. | Where any serious cause for violating the purpose of designation occurs, such as unjust operation of a curriculum; |
| 4. | Where the relevant school applies for the revocation of designation due to the occurrence of any cause, etc. that makes the purpose of designation unachievable; |
| 5. | Where the achievement of the purpose of designation is deemed impracticable as a result of evaluation of the operation performance, etc., of the relevant school conducted by the superintendent of education every five years, as prescribed by the educational rules of the relevant City/Do. |
| (5) | The superintendent of education shall obtain prior consent from the Minister of Education when revoking the designation of a special-purpose high school under paragraph (1) 5, 6, and 10 (limited to public and private high schools). <Newly Inserted on Jun. 7, 2011; Mar. 23, 2013; Dec. 9, 2014> |
| (6) | The Minister of Education shall undergo deliberation by the Committee for Designation of Special-Purpose High Schools, etc., under Article 105-3, where he or she intends to determine whether he or she will consent to the designation or revocation of designation of a special-purpose high school under paragraph (3) or (5). <Newly Inserted on Dec. 9, 2014> |
| (7) | Where the designation of a special-purpose high school is revoked under the main clause of paragraph (4), the superintendent of education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students who are attending the relevant school at the time of revocation of designation until their graduation: Provided, That if the relevant school is a national school designated and publicly notified by the Minister of Education under the proviso of paragraph (1), the Minister of Education shall, following consultations with the heads of the relevant central administrative agencies and the head of the relevant school, ensure that the curriculum is operated as originally planned. <Newly Inserted on Feb. 18, 2014; Dec. 9, 2014> |
| (8) | Standards for the designation of special-purpose high schools, such as the number of classes, number of students, and standards for facilities of the special-purpose high schools designated by the superintendent of education shall be determined and publicly notified by the superintendent of education. <Newly Inserted on Jun. 29, 2010; Jun. 7, 2011; Feb. 18, 2014; Dec. 9, 2014> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the designation, revocation of designation, and operation of special-purpose high schools shall be determined by Ordinance of the Ministry of Education. <Newly Inserted on Jun. 29, 2010; Jun. 7, 2011; Mar. 23, 2013; Feb. 18, 2014; Dec. 9, 2014> |
[Part other than special-purpose high schools in paragraph (1) 6 of the amended provisions of paragraph (4) 5 of this Article shall be effective until February 28, 2025 in accordance with Article 2 of the Addenda to Presidential Decree No. 30494 (Feb. 28, 2020)]
| Article 90 (Special-Purpose High Schools) |
| (1) | The superintendent of education may designate and publicly notify a high school aiming for specialized education in a special field (hereinafter referred to as "special-purpose high school") from among the following schools: Provided, That national high schools among schools under subparagraph 10 shall be designated and publicly notified by the Minister of Education: <Amended on Jan. 29, 2001; Mar. 2, 2001; May 16, 2007; Jun. 29, 2010; Mar. 23, 2013; Feb. 28, 2020> |
| 1. | Deleted; <Jun. 29, 2010> |
| 2. | Deleted; <Jun. 29, 2010> |
| 3. | Deleted; <Jun. 29, 2010> |
| 4. | Deleted; <Jun. 29, 2010> |
| 5. | Science high schools to train talents in science; |
| 6. | Deleted; <Feb. 28, 2020> |
| 7. | Arts high schools to train artists and athletic high schools to train athletes; |
| 8. | Deleted; <Jun. 29, 2010> |
| 9. | Deleted; <Jun. 29, 2010> |
| 10. | High schools providing tailored curricula directly connected to the demand of industry (hereinafter referred to as "high school tailored to industry demand"). |
| (2) | The head of a school foundation or a school that intends to be designated as a special-purpose high school shall prepare an application, including the following matters, and submit it to the Minister of Education or the superintendent of education: <Amended on Jun. 29, 2010; Mar. 23, 2013; Oct. 30, 2013> |
| 1. | A school operation plan; |
| 2. | A operation plan of curricula (including a plan for industrial-academic connection in cases of high schools tailored to industry demand); |
| 3. | A plan for establishing departments in cases of schools that intend to establish departments; |
| 4. | A plan for conducting an admission process; |
| 5. | A plan for the assignment of teachers; |
| 5-2. | A plan for open recruitment of principal (limited to high schools tailored to industry demand); |
| 6. | Other matters determined and publicly notified by the Minister of Education or the superintendent of education concerning the operation of special-purpose high schools. |
| (3) | Where the superintendent of education intends to designate and publicly notify a special-purpose high school under paragraph (1) 5 and 10 (limited to public or private high schools), he or she shall obtain prior consent from the Minister of Education. <Newly Inserted on May 16, 2007; Feb. 29, 2008; Jun. 29, 2010; Mar. 23, 2013; Dec. 9, 2014; Feb. 28, 2020> |
| (4) | The superintendent of education may revoke the designation of a special-purpose high school, in any of the following cases: Provided, That in cases of a national high school designated and publicly notified by the Minister of Education under the proviso of paragraph (1), the Minister of Education may revoke the designation thereof, following consultation with the heads of the relevant central administrative agencies: <Amended on Feb. 18, 2014; Feb. 28, 2020> |
| 1. | Where the budget has been executed by fraud or other improper means; |
| 2. | Where a student was selected by improper means; |
| 3. | Where any serious cause for violating the purpose of designation occurs, such as unjust operation of a curriculum; |
| 4. | Where the relevant school applies for the revocation of designation due to the occurrence of any cause, etc. that makes the purpose of designation unachievable; |
| 5. | Where the achievement of the purpose of designation is deemed impracticable as a result of evaluation of the operation performance, etc., of the relevant school (special-purpose high schools under paragraph (1) 6 shall be excluded) conducted by the superintendent of education every five years, as prescribed by the educational rules of the relevant City/Do. |
| (5) | The superintendent of education shall obtain prior consent from the Minister of Education when revoking the designation of a special-purpose high school under paragraph (1) 5 and 10 (limited to public and private high schools). <Newly Inserted on Jun. 7, 2011; Mar. 23, 2013; Dec. 9, 2014; Feb. 28, 2020> |
| (6) | The Minister of Education shall undergo deliberation by the Committee for Designation of Special-Purpose High Schools, etc., under Article 105-3, where he or she intends to determine whether he or she will consent to the designation or revocation of designation of a special-purpose high school under paragraph (3) or (5). <Newly Inserted on Dec. 9, 2014> |
| (7) | Where the designation of a special-purpose high school is revoked under the main clause of paragraph (4), the superintendent of education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students who are attending the relevant school at the time of revocation of designation until their graduation: Provided, That if the relevant school is a national school designated and publicly notified by the Minister of Education under the proviso of paragraph (1), the Minister of Education shall, following consultations with the heads of the relevant central administrative agencies and the head of the relevant school, ensure that the curriculum is operated as originally planned. <Newly Inserted on Feb. 18, 2014; Dec. 9, 2014> |
| (8) | Standards for the designation of special-purpose high schools, such as the number of classes, number of students, and standards for facilities of the special-purpose high schools designated by the superintendent of education shall be determined and publicly notified by the superintendent of education. <Newly Inserted on Jun. 29, 2010; Jun. 7, 2011; Feb. 18, 2014; Dec. 9, 2014> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the designation, revocation of designation, and operation of special-purpose high schools shall be determined by Ordinance of the Ministry of Education. <Newly Inserted on Jun. 29, 2010; Jun. 7, 2011; Mar. 23, 2013; Feb. 18, 2014; Dec. 9, 2014> |
[Part other than special-purpose high schools in paragraph (1) 6 of the amended provisions of paragraph (4) 5 of this Article shall be effective until February 28, 2025 in accordance with Article 2 of the Addenda to Presidential Decree No. 30494 (Feb. 28, 2020)]
[Enforcement Date: Mar. 1, 2025] Article 90
| Article 90-2 (Designation and Governance Committees of Special-Purpose High Schools) |
| (1) | A designation and governance committee of special-purpose high schools shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters for the designation and operation of special-purpose high schools in response to requests by the superintendent of education: <Amended on Jun. 7, 2011> |
| 1. | Matters concerning a plan to designate and operate special-purpose high schools; |
| 2. | Matters concerning the revocation of designation of special-purpose high schools; |
| 3. | Matters concerning the operation evaluation of special-purpose high schools; |
| 4. | Other matters determined by the superintendent of education concerning the operation, etc. of special-purpose high schools. |
| (2) | Matters necessary for the composition and operation of the designation and governance committees of special-purpose high schools under paragraph (1) shall be prescribed by the educational rules of the relevant City/Do. |
| (3) | Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a designation and governance committee of special-purpose high schools is established under the jurisdiction of the superintendent of education, such committee may replace the function of a designation and governance committee of special-purpose high schools as prescribed by ordinance of the relevant City/Do: Provided, That where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a designation and governance committee of special-purpose high schools provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the designation and governance committee of special-purpose high schools as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017> |
[This Article Newly Inserted on Jun. 29, 2010]
| Article 91 (Specialized High Schools) |
| (1) | The superintendent of education may designate and publicly notify high schools which provide specialized experience-oriented education, such as field training in nature, or education aiming at training talents in a specific field to students having similar temperament, aptitude, and abilities (hereinafter referred to as "specialized high schools"). <Amended on Jan. 29, 2001; Oct. 20, 2001> |
| (2) | Article 90 (2) and (4) 5 shall apply mutatis mutandis to the submission of an application for designation of a specialized high school and the revocation of designation by the superintendent of education based on evaluation of the relevant school. In such case, "special-purpose high school" shall be construed as "specialized high school". <Amended on Feb. 18, 2014; Dec. 9, 2014> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the designation and operation of specialized high schools shall be prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Jun. 29, 2010> |
| Article 91-2 (Designation and Governance Committees of Specialized High Schools) |
| (1) | A designation and governance committee of specialized high schools shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters concerning the designation and operation of specialized high schools in response to requests by the superintendent of education: <Amended on Jun. 7, 2011> |
| 1. | Matters concerning a plan to designate and operate specialized high schools; |
| 2. | Matters concerning the revocation of designation of specialized high schools; |
| 3. | Matters concerning the operation evaluation of specialized high schools; |
| 4. | Other matters determined by the superintendent of education concerning the operation, etc. of specialized high schools. |
| (2) | Matters necessary for the composition and operation of the designation and governance committee of specialized high schools under paragraph (1) shall be prescribed by the educational rules of the relevant City/Do. |
| (3) | Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a designation and governance committee of specialized high schools is established under the jurisdiction of the superintendent of the education, such committee may replace the function of a designation and governance committee of specialized high schools as prescribed by ordinance of the relevant City/Do: Provided, That where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a designation and governance committee of specialized high schools provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the designation and governance committee of specialized high schools as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017> |
[This Article Wholly Amended on Jun. 29, 2010]
| Article 91-3 (Autonomous Private High Schools) |
| (1) | The superintendent of education may designate and publicly notify a high school that may autonomously operate schools or curricula pursuant to Article 61 of the Act (hereinafter referred to as "autonomous private high school") among private high schools meeting all of the following requirements. In such case, he or she shall obtain prior consent from the Minister of Education: <Amended on Feb. 15, 2013; Mar. 23, 2013; Dec. 9, 2014> |
| 1. | It shall not receive labor costs for teachers and staff (excluding voluntary resignation allowances of teachers) and operating expenses for school and curricula pursuant to attached Table 1 of the Enforcement Decree of the Local Education Subsidy Act from the State or a local government; |
| 2. | It shall meet the standards for money transferred from a school foundation and standards for operation of curricula prescribed by Ordinance of the Ministry of Education. |
| (2) | The head of a school foundation or a school that intends to operate an autonomous private high school shall submit an application, stating the following: |
| 1. | A founding philosophy of the school and a school operation plan; |
| 2. | A curricula operation plan; |
| 3. | A plan for conducting an admission process; |
| 4. | A plan for the assignment of teachers; |
| 5. | Other matters determined and publicly notified by the superintendent of education concerning the operation, etc. of autonomous private high schools. |
| (3) | An autonomous private high school shall select at least 20 percent of students from the following persons. In such case, the Minister of Education and the superintendent of education may, notwithstanding paragraph (1) 1, subsidize expenses incurred in educational activities of those selected under the former part or grant financial support to schools for which the fixed number of students is not registered pursuant to the former part: <Amended on Dec. 30, 2011; Mar. 23, 2013; Nov. 30, 2015> |
| 4. | Other persons particularly deemed necessary by the superintendent of education for educational equality. |
| (4) | The superintendent of education may revoke the designation of an autonomous private high school in any of the following circumstances: <Amended on Feb. 18, 2014> |
| 1. | Where the budget has been executed by fraud or other improper means; |
| 2. | Where a student was selected by improper means; |
| 3. | Where any serious cause for violating the purpose of designation occurs, such as unjust operation of a curriculum; |
| 4. | Where the relevant school applies for the revocation of designation due to the occurrence of any cause, etc. that makes the purpose of designation unachievable; |
| 5. | Deleted. <Feb. 28, 2020> |
| (5) | The superintendent of education shall obtain prior consent from the Minister of Education when revoking the designation of an autonomous private high school. <Newly Inserted on Jun. 7, 2011; Mar. 23, 2013; Dec. 9, 2014> |
| (6) | Where the Minister of Education intends to determine whether he or she will consent to the designation or revocation of designation of an autonomous private high school referred to in the latter part of paragraph (1) or paragraph (5), he or she shall undergo deliberation by the Committee for Designation of Special-Purpose High Schools, etc. under Article 105-3. <Newly Inserted on Dec. 9, 2014> |
| (7) | Where the designation of an autonomous private high school is revoked under paragraph (4), the superintendent of education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students who are attending the relevant school at the time of revocation of designation until their graduation. <Newly Inserted on Feb. 18, 2014; Dec. 9, 2014> |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the designation, revocation of designation, and operation of autonomous private high schools shall be determined by Ordinance of the Ministry of Education. <Newly Inserted on Feb. 18, 2014; Dec. 9, 2014> |
[This Article Newly Inserted on Jun. 29, 2010]
Deleted. <Feb. 28, 2020> [Enforcement Date: Mar. 1, 2025] Article 91-3
| Article 91-4 (Autonomous Public High Schools) |
| (1) | The superintendent of education may designate and publicly notify a high school that autonomously operate schools or curricula (hereinafter referred to as "autonomous public high school") pursuant to Article 61 of the Act, among public high schools, upon taking procedures determined by the Minister of Education. <Amended on Mar. 23, 2013> |
| (2) | The head of a school who intends to operate an autonomous public high school shall submit an application containing the following matters to the superintendent of education: |
| 1. | A school operation plan; |
| 2. | A curricula operation plan; |
| 3. | A plan for conducting an admission process; |
| 4. | A plan for the assignment of teachers; |
| 5. | Other matters determined and publicly notified by the superintendent of education concerning the operation, etc. of autonomous public high schools. |
| (3) | Deleted. <Feb. 28, 2020> |
| (4) | The Minister of Education and the superintendent of education may provide autonomous public high schools with necessary subsidies for the development of their specialized curricula and program, training of teachers, etc. <Amended on Dec. 30, 2011; Mar. 23, 2013> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the designation and operation of autonomous public high schools shall be determined and publicly notified by the Minister of Education. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 29, 2010]
Deleted. <Feb. 28, 2020> [Enforcement Date: Mar. 1, 2025] Article 91-4
| Article 92 (Application Mutatis Mutandis) |
| (1) | Articles 66 and 67 shall apply mutatis mutandis to admission, etc. of high school students. In such cases, "middle school" shall be construed as "high school." |
| (2) | Article 74 shall apply mutatis mutandis to transfer admission, etc. to other schools of high school students. |
| (3) | Deleted. <Dec. 27, 2010> |
| Article 92-2 (Management of Enrollment of High School Students) |
| (1) | Where a student attending a high school is absent for at least two consecutive days without any good reason, the head of the relevant school shall check the reasons for absence from the relevant student and his or her guardian without delay. |
| (2) | The head of a high school shall notify the superintendent of education of the name of any of the following children or students, and the progress of the long absence, disenrollment, dropout, or expulsion: |
| 1. | A student attending the relevant school who is absent for at least seven consecutive days without any good reason; |
| 2. | A child or student who has been disenrolled, dropped out or expelled from the relevant school. |
| (3) | Where deemed necessary to manage school enrollment, the head of a high school or an exclusive organization established under the jurisdiction of the superintendent of education pursuant to Article 27-2 (1) may check the following administrative data concerning students attending the relevant school or children or students disenrolled, dropped out or expelled from the relevant school through administrative data matching under Article 36 (1) of the Electronic Government Act: |
| (4) | Where any electronic data of resident registration referred to in paragraph (3) 1 is shared by the head of a high school or an exclusive organization established under the jurisdiction of the superintendent of education pursuant to Article 27-2 (1), fees therefor shall be exempted. |
[This Article Newly Inserted on Oct. 18, 2016]
| Article 93 (Establishment of Part-Time and Correspondence Systems) |
Matters necessary for establishment and operation of part-time and correspondence systems to be established at high schools pursuant to Article 49 (1) of the Act shall be separately prescribed by Presidential Decree.
| Article 94 (Establishment of Air and Correspondence High Schools) |
Matters necessary for establishment and operation of air and correspondence high schools referred to in Article 51 of the Act shall be separately prescribed by Presidential Decree.
| Article 95 Deleted. <Feb. 15, 2013> |
CHAPTER V ACKNOWLEDGEMENT OF ACADEMIC BACKGROUND AND QUALIFICATIONS
SECTION 1 Acknowledgement of Academic Background
| Article 96 (Acknowledgement of Academic Achievement Equivalent to Elementary School Graduates) |
| (1) | Any of the following persons shall be deemed to have an academic background equivalent to that of an elementary school graduate in entering a school of higher grade: <Amended on Sep. 29, 2005; Jun. 28, 2007; Feb. 22, 2008; Nov. 5, 2009; Jun. 29, 2010; Oct. 30, 2013; Jan. 6, 2015; Sep. 15, 2015; Nov. 28, 2017> |
| 1. | A person who has passed an elementary school equivalency examination; |
| 2. | A person who has been acknowledged by the superintendent of education through deliberation by the Academic Background Deliberative Committee that he or she has an academic background equivalent to that of a person who has completed school curricula of at least six years in the Republic of Korea, among those falling under any subparagraph of Article 98-2 (1); |
| 3. | A person who has completed school curricula equivalent to those of an elementary school pursuant to Article 29 (4) of the previous Juvenile Reformatory Act (referring to the same Act before it was amended by Act No. 7076; hereinafter the same shall apply); |
| 5. | A person who has completed school curricula of at least six years or school curricula equivalent to those of an elementary school in a foreign country; |
| 6. | A person who has completed, other than the school curricula referred to in subparagraph 5, the whole school curricula of a foreign country, which is recognized by the Minister of Education as equivalent to those of an elementary school. |
| (2) | Matters necessary for equivalency examinations referred to in paragraph (1) 1 shall be prescribed by Ordinance of the Ministry of Education. <Amended on Sep. 15, 2015> |
| Article 97 (Acknowledgement of Academic Background Equivalent to Middle School Graduates) |
| (1) | Any of the following persons shall be deemed to have an academic background equivalent to that of a middle school graduate in entering a school of higher grade: <Amended on Jan. 29, 2001; Feb. 17, 2004; Sep. 29, 2005; Apr. 12, 2007; Jun. 28, 2007; Feb. 22, 2008; Nov. 5, 2009; Jun. 29, 2010; Oct. 30, 2013; Jan. 6, 2015; Sep. 15, 2015; Nov. 28, 2017> |
| 1. | A person who has passed a middle school equivalency examination; |
| 2. | A person who has graduated from a school designated and publicly notified by the superintendent of education, as prescribed by Ordinance of the Ministry of Education, among schools that are deemed to be able to operate their curricula faithfully, taking into account their curricula corresponding to those of middle schools, their founders, the fixed number of students, the number of school days, school facilities and equipment, and revenue-generating basic properties; |
| 3. | A person who has been acknowledged by the superintendent of education through deliberation by the Academic Background Deliberative Committee that he or she has an academic background equivalent to that of a person who has completed school curricula for at least nine years in the Republic of Korea, among those falling under any subparagraph of Article 98-2 (1); |
| 4. | A person who has completed a curriculum equivalent to that of a middle school at a lifelong educational facility designated by the superintendent of education; |
| 5. | A person who has completed a curriculum equivalent to that of a middle school pursuant to Article 29 (4) of the previous Juveniles Reformatory Act; |
| 7. | A person who has completed school curricula for at least nine years or school curricula equivalent to those of a middle school in a foreign country; |
| 8. | A person who has completed, other than the school curricula referred to in subparagraph 7, the whole school curricula of a foreign country, which is recognized by the Minister of Education as equivalent to those of a middle school. |
| (2) | Matters necessary for equivalency examinations referred to in paragraph (1) 1 shall be prescribed by Ordinance of the Ministry of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013; Sep. 15, 2015> |
| Article 98 (Acknowledgement of Academic Background Equivalent to High School Graduates) |
| (1) | Any of the following persons shall be deemed to have an academic background equivalent to that of a high school graduate in entering a school of higher grade: <Amended on Jan. 29, 2001; Feb. 17, 2004; Sep. 29, 2005; Apr. 12, 2007; Jun. 28, 2007; Feb. 22, 2008; Nov. 5, 2008; Dec. 12, 2008; Dec. 31, 2008; Nov. 5, 2009; Jun. 29, 2010; Mar. 23, 2013; Oct. 30, 2013; Jan. 6, 2015; Sep. 15, 2015; Sep. 25, 2015; Nov. 28, 2017> |
| 1. | A person who has passed a high school equivalency examination; |
| 2. | A person who has graduated from a school designated and publicly notified by the superintendent of education, as prescribed by Ordinance of the Ministry of Education, among schools that are deemed to be able to operate their curricula faithfully, taking into account their curricula corresponding to those of high schools, their founders, the fixed number of students, the number of school days, school facilities and equipment, and revenue-generating basic properties; |
| 3. | A person who has been acknowledged by the superintendent of education through deliberation by the Academic Background Deliberative Committee that he or she has an academic background equivalent to that of a person who has completed school curricula for at least 12 years in the Republic of Korea, among those falling under Article 98-2 (1) 1 or 2; |
| 4. | A person who falls under Article 16 (1) 3 of the Regulations on Academic Affairs of Korean Advanced Institute of Science and Technology and has passed the admission process of the Korean Advanced Institute of Science and Technology and has made entrance registration, a person who has passed the admission process for bachelor programs of Gwangju Institute of Science and Technology and has made entrance registration, as one falling under Article 30 (1) 3 of the Enforcement Decree of the Gwangju Institute of Science and Technology Act, a person who has passed the admission process for bachelor programs of Daegu Gyeongbuk Institute of Science and Technology and has made entrance registration, as one falling under Article 29 (1) 3 of the Enforcement Decree of the Daegu Gyeongbuk Institute of Science and Technology Act, or a person who has passed the admission process for bachelor programs of Ulsan National Institute of Science and Technology and has made entrance registration, as one falling under Article 16 (1) 3 of the Enforcement Decree of the Ulsan National Institute of Science and Technology Act; |
| 5. | A person who has completed a curriculum equivalent to that of a high school at a lifelong educational facility designated by the superintendent of education; |
| 7. | A person who has completed a curriculum for at least three academic years at a vocational high school under the previous Education Act (referring to the same Act before it was amended by Act No. 3504); |
| 9. | A person who has completed school curricula equivalent to those of a high school in a foreign country or a person who has completed the whole curricula of a foreign country which is recognized by the Minister of Education as equivalent to school curricula of at least 12 years in the Republic of Korea. |
| (2) | Matters necessary for equivalency examinations referred to in paragraph (1) 1 shall be prescribed by Ordinance of the Ministry of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013; Jan. 6, 2015> |
| Article 98-2 (Establishment and Operation of Academic Background Deliberative Committee) |
| (1) | An academic background deliberative committee shall be established under the jurisdiction of the superintendent of education to deliberate on matters concerning acknowledging the academic background of any of the following persons: <Amended on Oct. 30, 2013; Nov. 28, 2017; Jul. 14, 2020> |
| 1. | Persons from the area north of the Military Demarcation Line; |
| 2. | Any of the following students whose academic background is difficult to verify: |
| (a) | A multicultural student; |
| (b) | A foreign child or student; |
| 3. | Any of the following persons, among those falling under any subparagraph of Article 29 (2): |
| (a) | Persons who have completed an out-of-school educational program acknowledged by the superintendent of education; |
| (b) | Persons who have out-of-school learning experience acknowledged by the superintendent of education. |
| (2) | An academic background deliberative committee shall be comprised of at least five members and up to 30 members, including one chairperson. <Amended on Jul. 14, 2020> |
| (3) | The superintendent of education shall appoint or commission members of an academic background deliberative committee from among public officials in charge of persons falling under any subparagraph of paragraph (1) (hereinafter referred to as “North Korean refugees, etc.”), education specialists, and academic background evaluation specialists, and the chairperson shall be elected among members by mutual vote. <Amended on Oct. 30, 2013; Nov. 28, 2017> |
| (4) | The term of office of members of an academic background deliberative committee shall be two years, the term of office of the chairperson shall be one year, and they may be reappointed respectively. |
| (5) | An academic background deliberative committee shall deliberate on: <Amended on Oct. 30, 2013> |
| 1. | Matters concerning the standards for acknowledging academic background in consideration of degree of completion of school curricula, scholastic aptitude, age, etc. of North Korean refugees, etc.; |
| 2. | Matters concerning persons subject to acknowledging academic background and the timing thereof; |
| 3. | Where a North Korean refugee, etc. or his or her guardian makes a request, matters concerning acknowledging academic background and determining his or her academic year; |
| 4. | Matters concerning decision and operation of a school pursuant to Article 98-3. |
| (6) | Where it is necessary for deliberation, an academic background deliberative committee may conduct assessment necessary to acknowledge the academic background and determine the academic year of North Korean refugees, etc., including evaluating their learning ability through a specialized institution. <Newly Inserted on Nov. 28, 2017> |
| (7) | Matters necessary for organizing and operating an academic background deliberative committee, and the standards, objects, methods, timing, etc. of evaluation for acknowledging academic background, etc., other than those provided in this Decree, shall be determined by the superintendent of education. <Amended on Nov. 28, 2017> |
| (8) | Notwithstanding paragraphs (1) through (7), where any committee similar in nature and function to the academic background deliberative committee is established under the jurisdiction of the superintendent of education, such committee may replace the function of the academic background deliberative committee as prescribed by ordinance of the relevant City/Do: Provided, That where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to the academic background deliberative committee provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the academic background deliberative committee as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017> |
[This Article Newly Inserted on Feb. 22, 2008]
| Article 98-3 (Schools That May Acknowledge Academic Background and Determine Academic Year) |
| (1) | Notwithstanding Articles 96 (1) 2, 97 (1) 3, and 98 (1) 3, where the head of a school where students more than a fixed number determined by the superintendent of education are North Korean refugees, etc. (excluding those falling under Article 98-2 (1) 3; hereafter in this Article the same shall apply) files an application, the superintendent of education may require the head of the school to acknowledge academic background and determine an academic year for North Korean refugees, etc. in the relevant school. <Amended on Oct. 30, 2013; Nov. 28, 2017> |
| (2) | Matters necessary for acknowledging academic background and determining an academic year of a school that may acknowledge academic background and determine an academic year pursuant to paragraph (1) shall be prescribed by school regulations. |
[This Article Newly Inserted on Feb. 22, 2008]
| Article 98-4 (Grade Decision and Admission to High Schools) |
If a person who graduated from a middle school or are recognized to have an academic background equivalent to that of a middle school graduate pursuant to Article 97 applies for a high school, the head of the high school may give him or her an admission, deciding his or her grade based on the results of deliberation on the applicant's extracurricular learning experience and assessment on the completion of subjects, which are conducted by the Assessment Committee on the Early Promotion to Higher Grade, Early Graduation and Early Admission under Article 5 of the Regulations on Early Promotion to Higher Grade. <Amended on Oct. 29, 2012> [This Article Newly Inserted on Feb. 26, 2010]
SECTION 2 Acknowledgement of Qualifications
| Article 99 (Acknowledgement of Qualifications Equivalent to Elementary School Graduates) |
The following persons shall be deemed to have qualifications equal to elementary school graduates:
| 1. | A person who completed the forth-year course of a general school before 1922; |
| 2. | A person who completed the sixth-year course of a general school before 1938; |
| 3. | A person who completed the sixth-year course of an ordinary grade school before 1941; |
| 4. | Any person who completed the sixth-year course of an elementary school after 1942. |
| Article 100 (Acknowledgement of Qualifications Equivalent to Those Who Have Completed Second-Year Course of Middle Schools) |
The following persons shall be deemed to have qualifications equivalent to those who have completed the second year course of a middle school:
| 1. | A person who completed the first-year course of a simple vocational school before 1922; |
| 2. | A person who graduated in an advanced course from a general school before 1938; |
| 3. | A person who graduated in an advanced course from an ordinary advanced school or from an advanced grade school before 1941; |
| 4. | A person who graduated in an advanced course from an elementary school after 1942; |
| 5. | A person who completed the second-year course of a vocational continuation school after 1923. |
| Article 101 (Acknowledgement of Qualifications Equivalent to Middle School Graduates) |
The following persons shall be deemed to have qualifications equivalent to middle school graduates:
| 1. | A person who completed the second-year course of a vocational school before 1922; |
| 2. | A person who completed the third-year course of a vocational continuation school after 1923; |
| 3. | A person who completed or graduated from the first-year course of a vocational school or a vocational continuation school which qualifies those who graduated from the advanced course of a general school, a grade school, and an elementary school for admission. |
| Article 102 (Acknowledgement of Qualifications Equivalent to Those Who Have Completed First-Year Course of High Schools) |
The following persons shall be deemed to have qualifications equivalent to those who have completed the first year course of a high school:
| 1. | A person who completed the third-year course of a girls' advanced general school before 1922; |
| 2. | A person who completed the third-year course of a vocational school before 1922; |
| 3. | A person who completed the third-year course of the technical course of a girls' advanced general school before 1922; |
| 4. | A person who graduated in a short course in teachers' training from an advanced general school before 1922; |
| 5. | A person who completed a teachers' training school in a Do before 1924; |
| 6. | A person who completed or graduated from the fourth-year course of a middle school, and a girls' advanced school, or a vocational school before 1944: |
| 7. | A person who completed the short course and the training course of old Hansung (Seoul) Normal School; |
| 8. | A person who completed the training course of any old provincial normal school; |
| 9. | A person who completed the special training course of any official normal school; |
| 10. | A person who completed the training course of a public normal school before 1949; |
| 11. | A person who graduated from or completed the fourth-year course of a middle school between 1950 and 1951. |
| Article 103 (Acknowledgement of Qualifications Equivalent to High School Graduates) |
The following persons shall be deemed to have qualifications equivalent to high school graduates:
| 1. | A person who graduated from Gyongsung (Seoul) Special School before 1916; |
| 2. | A person who graduated in a supplementary course from an advanced general school before 1922; |
| 3. | A person who completed the fourth-year course of an advanced general school before 1922; |
| 4. | A person who completed the fourth-year course of a vocational school before 1922; |
| 5. | A person who completed the fifth-year course of an advanced general school before 1938; |
| 6. | A person who completed the fifth-year course of a girls' advanced general school before 1938; |
| 7. | A person who completed the fifth-year course of a vocational school before 1944; |
| 8. | A person who completed a middle school or the fifth-year course of a high school before 1944; |
| 9. | A person who completed a middle school or the fourth-year course of a vocational school between 1945 and 1946; |
| 10. | A person who completed the regular course of old Hansung (Seoul) Normal School; |
| 11. | A person who completed the teachers' training course of old Gyungsung (Seoul), Pyeongyang, or Daegu Advanced General School; |
| 12. | A person who completed the teacher's training school of old Gyungsung (Seoul) Advanced General School; |
| 13. | A person who graduated in a special course from any old provincial normal school; |
| 14. | A person who graduated in an ordinary course from any official normal school; |
| 15. | A person who completed a training course or a short training course from any official normal school; |
| 16. | A person who graduated in a technical course from old Gyungsung (Seoul), Pyeongyang or Daegu Normal School; |
| 17. | A person who graduated from a public normal school before 1949. |
| Article 104 (Recognition of Qualifications Equivalent to Former Normal School Graduates) |
Persons who fall under any of the following subparagraphs shall be deemed to have qualifications equivalent to normal school graduates under the previous Education Act: <Amended on Sep. 29, 2005> | 1. | A person who graduated in a teachers' training course from an old advanced general school; |
| 2. | A person who graduated in a teachers' training course from an old girls' advanced general school; |
| 3. | A person who graduated in a special course from an old provincial normal school; |
| 4. | A person who graduated in or completed an ordinary course or a general course from an old official normal school; |
| 5. | A person who completed a training course in an old official normal school; |
| 6. | A person who graduated in a regular course from old Hansung (Seoul) Normal School; |
| 7. | A person who graduated in a regular course of a temporary teachers' training school attached to an advanced general school. |
CHAPTER V-2 ASSISTANCE WITH EDUCATIONAL EXPENSES
| Article 104-2 (Students Eligible for Assistance with Educational Expenses and Standards for Such Assistance) |
| (1) | "Expenses prescribed by Presidential Decree" in Article 60-4 (1) of the Act means the following expenses (hereinafter referred to as “educational expenses”): <Amended on Mar. 23, 2013; Jan. 6, 2015> |
| 1. | Admission fees and tuition fees; |
| 3. | School operation support funds; |
| 4. | Expenses for purchasing textbooks; |
| 5. | Financial support for educational informatization for study utilizing information and communications media at home; |
| 5-2. | Educational expenses related to career, including career experiences; |
| 6. | Other expenses corresponding to those specified in subparagraphs 1 through 5 and 5-2, which are prescribed by the Minister of Education or the superintendent of education. |
| (2) | "Students prescribed by Presidential Decree" in Article 60-4 (1) 3 of the Act means any of the following students: <Amended on Mar. 23, 2013> |
| 1. | A student in whose case the amount of income of his or her household (referring to the total amount of income and the property converted to income, as prescribed by Ordinance of the Ministry of Education; hereinafter the same shall apply) falls under the guidelines prescribed by the Minister of Education or the superintendent of education each year; |
| 2. | A student in whose case assistance with educational expenses is deemed necessary by the head of the relevant school because his or her guardian falls under any of the following cases: |
| (a) | Death or unknown whereabouts; |
| (b) | Loss of an ability to work due to any disease, accident, or disability; |
| (c) | Loss of an economic capacity due to bankruptcy, unemployment, etc.; |
| (d) | Other grounds recognized by the superintendent of education as corresponding to those specified in items (a) through (c). |
| (3) | The scope of income to be included in the amount of income referred to in paragraph (2) 1 shall be as follows: <Amended on Mar. 23, 2013; Jun. 21, 2016; Sep. 18, 2018; Jun. 9, 2020> |
| 1. | Earned income: Income acquired by supply of labor: Provided, That the earned income which is non-taxable under the Income Tax Act shall be excluded herefrom, but the following salaries shall be included in the earned income: |
| (a) | Agricultural income: Income from seeds cultivation business, fruit growing and horticultural business, sericultural business, plant nursery business, special crops-producing business, cattle feeding business, breeding stock business, or hatchery business, and business incidental thereto; |
| (b) | Forestry income: Income from forest management business, forest products business, or wild bird and animal breeding business, and business incidental thereto; |
| (c) | Income from fishery: Income from fishery and business incidental thereto; |
| (d) | Other business income: Income from wholesale business, retail business, manufacturing business, or any other business; |
| (a) | Lease income: Income accruing from the lease of real estate, movable assets, rights, or any other property; |
| (b) | Interest income: Income which is at least the amount prescribed by the Minister of Education among incomes accrued from interests of savings, stocks, and bonds, and distribution of dividends or discount; |
| 4. | Public transfer income: Various types of allowances, pensions, benefits or other money, and valuables paid or received regularly under statutes, such as the National Pension Act, the Public Officials Pension Act, the Public Officials' Accident Compensation Act, the Military Pension Act, the Military Accident Compensation Act, the Special Post Offices Act, the Pension for Private School Teachers and Staff Act, the Employment Insurance Act, the Industrial Accident Compensation Insurance Act, the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, the Act on Support for Persons Eligible for Veteran’s Compensation, the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations, the Compulsory Motor Vehicle Liability Security Act, and the Act on Honorable Treatment of War Veterans and Establishment of Related Associations: Provided, That the following money and valuables shall be excluded herefrom: |
| (4) | The scope of property to be included in the amount of income referred to in paragraph (2) 1 shall be as follows: <Amended on Mar. 23, 2013; Aug. 2, 2016> |
| (b) | Deposit for lease of housing, commercial buildings, etc. (including security money for lease on a deposit basis); |
| (c) | Movable assets, such as cattle and seeds, the price of which is at least one million won (excluding movable assets prescribed by the Minister of Education, such as rehabilitation aid equipment of persons with any disability), and standing timber prescribed in subparagraph 11 of Article 6 of the Local Tax Act; |
| (f) | A right to acquire a building and the land annexed thereto as at the time the construction of the building is completed (excluding a right to acquire a house as an association member referred to in item (e)); |
| 3. | Motor vehicles referred to in Article 124 of the Local Tax Act: Provided, That the following motor vehicles shall be excluded herefrom, but motor vehicles determined by the Minister of Education, such as freight motor vehicles, shall be deemed general property prescribed in subparagraph 1: |
| (b) | Motor vehicles used by persons with disability ratings prescribed in Article 6-4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State as persons who have rendered distinguished service to the State, etc. under Article 4, 73, or 74 of the same Act (including persons who have rendered distinguished service to the State, etc. under Article 73-2 of the same Act, which had been valid before it was amended by Act No. 11041) or by persons with grades of injury referred to in Article 6 of the Act on Support for Persons Eligible for Veteran's Compensation as persons eligible for veteran's compensation prescribed in Article 2 of the same Act; |
| (c) | Other motor vehicles determined by the Minister of Education. |
| (5) | The value of property referred to in paragraph (4) shall be the amount of the value calculated by the methods classified as follows, based on the date of investigation referred to in Article 60-7 of the Act (hereinafter referred to as "date of investigation"): Provided, That where it is impracticable to calculate the value of property, it shall be the value calculated as determined by the Minister of Education, based on the types, transaction status, etc, of the relevant property: <Amended on Mar. 23, 2013; Aug. 2, 2016; Feb. 9, 2018> |
| 1. | In cases falling under paragraph (4) 1 (a): The value determined by the Minister of Education, based on the assessed value referred to in the proviso of Article 10 (2) of the Local tax Act; |
| 2. | In cases falling under paragraph (4) 1 (b): Deposit for lease or security money for lease on a deposit basis under a rental contract; |
| 5. | In cases falling under paragraph (4) 1 (e): Amount classified as follows: |
| (b) | Where liquidation money is received: An amount calculated by deducting the amount of liquidation money from the estimated value of the existing building; |
| 6. | In cases falling under paragraph (4) 1 (f): An amount paid until the date of investigation; |
| 8. | In cases falling under paragraph (4) 2: The value of each financial property based on the standards prescribed in Article 104-4 (3) and (5); |
| 9. | In cases falling under paragraph (4) 3: The value of motor vehicles determined by the Minister of Education, based on the type of motor vehicles, prescribed number of seats, prescribed loading capacity, manufacturing cost by year of manufacture (referring to an import price, if imported), transaction price, etc. |
| (6) | Detailed criteria on whether a student falls under any case referred to in paragraph (2) 2 shall be determined by the superintendent of education. |
[This Article Newly Inserted on Feb. 15, 2013]
| Article 104-3 (Notification of Decision on Assistance with Educational Expenses and Provision of Details of Support) |
| (1) | The head of a school shall notify a student or a person protecting the student de facto or de jure, who has applied for assistance with educational expenses (hereinafter referred to as “applicant for educational expenses”) pursuant to Article 60-5 (1) of the Act of whether such assistance shall be granted. In such cases, the head of the school may notify it in writing, orally, or by an electronic document, or through an information and communications network. <Amended on Aug. 2, 2016> |
| (2) | Where a student who has received assistance with educational expenses transfers to another school or enters a higher school, the head of the relevant school may provide the head of a school which the relevant student transfers to or enters with the relevant data, including the details of support of educational expenses he or she has received, so that he or she may be able to receive it continuously. |
[This Article Newly Inserted on Feb. 15, 2013]
| Article 104-4 (Scope of Members of Household and Financial Information) |
| (1) | “Persons prescribed by Presidential Decree” in the provision, with the exception of the subparagraphs, of Article 60-5 (2) of the Act means persons classified as follows: <Newly Inserted on Aug. 2, 2016> |
| 1. | Where a student eligible for support is not an adult (referring to a person who is at the age of at least 19 years or for whom January 1 arrives in the year in which he or she turns 19 years of age; hereafter the same shall apply in this Article): Any of the following persons who are registered, together with the student eligible for support, in the resident registration card for a household or the family relation certificate: |
| (a) | Parents: Provided, That referring to the grandparents who are registered, together with the student eligible for support, in the resident registration card for a household, where both the father and the mother of the student are deceased or the student falls under paragraph (2); |
| (b) | Brothers and sisters: Provided, That referring to the brothers and sisters who are adults may be excluded at the choice of the applicant for educational expenses; |
| 2. | Where a student eligible for support is an adult: The spouse who is registered, together with the student eligible for support, in the resident registration record card for a household or the family relation certificate. |
| (2) | Where a person falling under paragraph (1), in any of the following cases, he or she shall be excluded from the scope of the household members referred to in Article 60-5 (2) of the Act: <Newly Inserted on Aug. 2, 2016; Nov. 29, 2016> |
| 1. | Where the person resides in any other district for performing any legal duty as a soldier in active service or otherwise, and is guaranteed a livelihood with respect to the performance of such duty; |
| 3. | Where the procedures for a judicial declaration of disappearance are underway; |
| 4. | Where one month has passed since the abscondence from home or unknown whereabouts of the person was reported to an administrative agency such as a police station, or where the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter referred to as “head of a Si/Gun/ Gu”) confirms the abscondence from home or unknown whereabouts of the person; |
| 6. | Where the Minister of Education deems the person either has a residence or sustains a livelihood, separately from the student eligible for support. |
| (3) | “Average deposit balance, and other materials or information prescribed by Presidential Decree” in Article 60-5 (2) 1 of the Act means the following materials or information: <Amended on Aug. 2, 2016> |
| 1. | Demand deposits, such as an ordinary deposit, a saving deposit and a preferential savings deposit: Average balance within the preceding three months; |
| 2. | Savings deposits, such as a term deposit, installment savings deposit, a term saving: Balance of deposit or total amount of deposit; |
| 4. | Bonds, promissory notes, checks, debt certificates, certificates of preemptive right to new stocks, or transferable deposit certificates: The face value; |
| 5. | Annuity savings: The amount paid periodically or the final balance. |
| (4) | “Amount of debts, and other materials or information prescribed by Presidential Decree” in Article 60-5 (2) 2 of the Act means the following materials or information: <Amended on Aug. 2, 2016> |
| 1. | Current status of loans and details of arrears; |
| 2. | Unsettled credit card balance. |
| (5) | “Materials or information prescribed by Presidential Decree” in Article 60-5 (2) 3 of the Act means the following materials or information: <Amended on Aug. 2, 2016> |
| 1. | Insurance policies: Amount to be refunded if the insurance contracts are cancelled, or insurance money paid within the latest one year; |
| 2. | Annuity insurances: Amount to be refunded if the insurance contracts are cancelled, or periodically paid amount of money. |
[This Article Newly Inserted on Feb. 15, 2013]
[Title Amended on Aug. 2, 2016]
| Article 104-5 (Requests for, and Provision of, Financial Information) |
| (1) | Where the Minister of Education or the superintendent of education requests, pursuant to Article 60-6 of the Act, the head of a financial company, etc. (referring to a financial company, etc. as defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and the Committee for Centralized Management of Credit Information as defined in Article 25 (2) 1 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to submit the financial information, credit information and insurance information referred to in Article 60-5 (2) 1 through 3 of the Act (hereinafter referred to as "financial information, etc.") of a student eligible for support and his or her household members, such request shall be made in documents specifying the following matters: <Amended on Mar. 23, 2013; Aug. 2, 2016; Aug. 4, 2020> |
| 1. | Names and resident registration numbers of the student eligible for support and his or her family members; |
| 2. | Scope of financial information requested to provide, basic date of inquiry, and inquiry period. |
| (2) | When the head of a financial company, etc., in receipt of the request under paragraph (1) provides the relevant financial information, etc., to the Minister of Education or the superintendent of education, it shall be provided in documents specifying the following matters: <Amended on Mar. 23, 2013; Aug. 2, 2016> |
| 1. | Names and resident registration numbers of the student eligible for support and his or her family members; |
| 2. | Name of the financial company, etc., that provides the financial information, etc.; |
| 3. | Names of financial instruments on which information is provided and the account numbers thereof; |
| 4. | Details of financial information, etc. |
| (3) | The Minister of Education or the superintendent of education may request the head of a financial company, etc. to provide financial information, etc., referred to in paragraph (1) through the information and communications network of an association or federation, of which the relevant financial company, etc. is a member. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Feb. 15, 2013]
| Article 104-6 (Requests for Provision of Data and Renewal Thereof) |
| (1) | The specific scope of data that the Minister of Education or the superintendent of education may request under the former part of Article 60-7 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Dec. 30, 2014; Sep. 18, 2018; Apr. 28, 2020> |
| 1. | Data on the income, property, ability to work, and state of employment, such as national and local taxes; land, buildings, ships, automobiles, and rights to purchase a house; health insurance, employment insurance, industrial accident compensation insurance, national pension, pension for public officials, public officials' accident compensation, military pension, pension for private school teachers and staff, and specific post office pension; basic direct payment for public benefit; detailed income statement on daily employed workers; labor encouragement subsidy; information on employment; business registration certificate; and whether the applicant or the person for whom it has been verified to grant the assistance is disabled and the severity of his or her disability; |
| 3. | Data necessary for finding the needs for welfare and providing services therefor, such as computerized resident registration data, family relation certificate, entry to or departure from the country, and correctional record. |
| (2) | The Minister of Education or the superintendent of education shall regularly renew the data referred to in paragraph (1). <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Feb. 15, 2013]
| Article 104-7 (Notification of Collection of Expenses) |
Notification under Article 60-10 (2) of the Act shall be given in writing, fixing a payment period of at least 30 days: Provided, That it may be given in an electronic document if consent is obtained from the person subject to collection. [This Article Newly Inserted on May 8, 2017]
[Previous Article 104-7 moved to Article 106-3 <May 8, 2017>]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 105 (Special Cases on Operation of Schools and Curricula) |
| (1) | The superintendent of education may designate and operate any of the following national, public, or private elementary schools, middle schools, high schools, and special schools as a school that may operate a school or curricula autonomously (hereinafter referred to as "autonomous school") pursuant to Article 61 of the Act: Provided, That where the superintendent of education intends to designate a national school as an autonomous school, he or she shall have a prior consultation with the Minister of Education: <Amended on Jan. 17, 2011; Mar. 23, 2013; Aug. 2, 2016; Sep. 24, 2019; Mar. 23, 2021> |
| 1. | A school that provides education to students with learning disabilities, etc.; |
| 2. | A school that operates various and specialized curricula to develop an individual student's aptitude and abilities; |
| 3. | A school that operates special curricula in order to develop creativity and cultivate the personality of students; |
| 4. | A specialized middle school; |
| 5. | A high school tailored to industrial demand and a specialized high school; |
| 6. | A school in an agricultural, mountainous, or fishery area referred to in subparagraph 4 of Article 3 of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages; |
| 7. | Other schools particularly deemed necessary by the superintendent of education. |
| (2) | The head of a school who intends to operate an autonomous school shall prepare an application containing the following matters and submit it to the superintendent of education: |
| 1. | A school operation plan; |
| 2. | A curricula operation plan; |
| 3. | A plan for conducting an admission process; |
| 4. | A plan for the assignment of teachers; |
| 5. | Other matters determined and publicly notified by the superintendent of education concerning the operation, etc. of autonomous schools. |
| (3) | Notwithstanding paragraph (2), the superintendent of education may designate, ex officio, a public school particularly deemed necessary for improving the academic ability of students as an autonomous school. In such cases, the head of the school designated by the superintendent of education shall without delay prepare the matters referred to in each subparagraph of paragraph (2) and submit them to the superintendent of education. |
| (4) | An autonomous school shall be designated and operated by up to five years and may be extended and operated, as determined by the superintendent of education. |
| (5) | The Minister of Education or the superintendent of education shall provide support necessary for the operation of autonomous schools. <Amended on Mar. 23, 2013> |
| (6) | Except as provided in paragraphs (1) thorough (5), matters necessary for the designation and operation of autonomous schools shall be determined and publicly notified by the superintendent of education. <Amended on Mar. 23, 2013; Mar. 23, 2021> |
[This Article Wholly Amended on Jun. 29, 2010]
| Article 105-2 (Qualifications for Principals Selected through Open Recruitment Procedures) |
| (1) | Article 12-5 (1) of the Decree on Appointment of Public Educational Officials shall apply mutatis mutandis to matters concerning the qualifications, etc. for principals selected through open recruitment procedures per type of school of private autonomous schools and an autonomous private high schools to which Article 21 (1) of the Act shall not apply pursuant to Article 61 of the Act. |
| (2) | The Minister of Education and the superintendent of education shall provide qualification training to persons without a certificate of qualification as principal among those appointed as principals through open recruitment procedures under Article 29-3 of the Public Educational Officials Act and those appointed as principals through open recruitment procedures of a private autonomous school and an autonomous private high school under paragraph (1) within one year of the appointment. In such cases, details for such qualification training, methods of implementation, etc. shall be determined by the Minister of Education. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 28, 2011]
| Article 105-2 (Qualifications for Principals Selected through Open Recruitment Procedures) |
| (1) | Article 12-5 (1) of the Decree on Appointment of Public Educational Officials shall apply mutatis mutandis to matters concerning the qualifications, etc. for principals selected through open recruitment procedures per type of school of private autonomous schools to which Article 21 (1) of the Act shall not apply pursuant to Article 61 of the Act. <Amended on Feb. 28, 2020> |
| (2) | The Minister of Education and the superintendent of education shall provide qualification training to persons without a certificate of qualification as principal among those appointed as principals through open recruitment procedures under Article 29-3 of the Public Educational Officials Act and those appointed as principals through open recruitment procedures of a private autonomous school under paragraph (1) within one year of the appointment. In such cases, details for such qualification training, methods of implementation, etc. shall be determined by the Minister of Education. <Amended on Mar. 23, 2013; Feb. 28, 2020> |
[This Article Wholly Amended on Dec. 28, 2011]
[Enforcement Date: Mar. 1, 2025] Article 105-2
| Article 105-3 (Committee for Designation of Special-Purpose High Schools) |
| (1) | To deliberate on the following matters concerning the designation or revocation of designation of specialized middle schools, special-purpose high schools, and autonomous private high schools to provide advice and suggestion as may be required by the Minister Education, the Committee for Designation of Special-Purpose High Schools, etc. shall be established under the jurisdiction of the Minister of Education: |
| 1. | Matters concerning the designation or revocation of designation of specialized middle schools, special-purpose high schools, and autonomous private high schools; |
| 2. | Matters concerning the medium- and long-term development of specialized middle schools, special-purpose high schools, and autonomous private high schools. |
| (2) | Except as provided in paragraph (1), matters necessary for the organization and operation of the Committee for Designation of Special-Purpose High Schools, etc., shall be prescribed by Ordinance of the Ministry of Education. |
[This Article Newly Inserted on Dec. 9, 2014]
| Article 105-3 (Committee for Designation of Special-Purpose High Schools) |
| (1) | To deliberate on the following matters concerning the designation or revocation of designation of specialized middle schools and special-purpose high schools to provide advice and suggestion as may be required by the Minister Education, the Committee for Designation of Special-Purpose High Schools, etc. shall be established under the jurisdiction of the Minister of Education: <Amended on Feb. 28, 2020> |
| 1. | Matters concerning the designation or revocation of designation of specialized middle schools and special-purpose high schools; |
| 2. | Matters concerning the medium- and long-term development of specialized middle schools and special-purpose high schools. |
| (2) | Except as provided in paragraph (1), matters necessary for the organization and operation of the Committee for Designation of Special-Purpose High Schools, etc., shall be prescribed by Ordinance of the Ministry of Education. |
[This Article Newly Inserted on Dec. 9, 2014]
[Enforcement Date: Mar. 1, 2025] Article 105-3
| Article 105-4 (Designation and Governance Committee of Autonomous Schools) |
| (1) | A designation and governance committee of autonomous schools, etc. shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters concerning the designation and operation of autonomous schools, etc. in response to requests by the superintendent of education: <Amended on Jun. 29, 2010; Jun. 7, 2011> |
| 1. | Matters concerning a plan to designate and operate autonomous schools, etc.; |
| 2. | Matters concerning the extension of a period and revocation of designation of autonomous schools, etc.; |
| 3. | Matters concerning the operation evaluation of autonomous schools, etc.; |
| 4. | Other matters determined by the superintendent of education with respect to the operation, etc. of autonomous schools, etc. |
| (2) | Matters necessary for the composition and operation of the designation and governance committee of autonomous schools, etc. under paragraph (1) shall be determined by the educational rules of the relevant City/Do. |
| (3) | Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a designation and governance committee of autonomous schools, etc. is established under the jurisdiction of the superintendent of education, such committee may replace the function of a designation and governance committee of autonomous schools, etc. as prescribed by ordinance of the relevant City/Do: Provided, That where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a designation and governance committee of autonomous schools, etc. provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the designation and governance committee of autonomous schools, etc. as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017> |
[This Article Newly Inserted on Mar. 27, 2009]
| Article 105-4 (Designation and Governance Committee of Autonomous Schools) |
| (1) | A designation and governance committee of autonomous schools shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters concerning the designation and operation of autonomous schools in response to requests by the superintendent of education: <Amended on Jun. 29, 2010; Jun. 7, 2011; Feb. 28, 2020> |
| 1. | Matters concerning a plan to designate and operate autonomous schools; |
| 2. | Matters concerning the extension of a period and revocation of designation of autonomous schools; |
| 3. | Matters concerning the operation evaluation of autonomous schools; |
| 4. | Other matters determined by the superintendent of education with respect to the operation, etc. of autonomous schools. |
| (2) | Matters necessary for the composition and operation of the designation and governance committee of autonomous schools under paragraph (1) shall be determined by the educational rules of the relevant City/Do. <Amended on Feb. 28, 2020> |
| (3) | Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a designation and governance committee of autonomous schools is established under the jurisdiction of the superintendent of education, such committee may replace the function of a designation and governance committee of autonomous schools as prescribed by ordinance of the relevant City/Do: Provided, That where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a designation and governance committee of autonomous schools, etc. provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the designation and governance committee of autonomous schools, etc. as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017; Feb. 28, 2020> |
[This Article Newly Inserted on Mar. 27, 2009]
[Title Amended on Feb. 28, 2020]
[Enforcement Date: Mar. 1, 2025] Article 105-4
| Article 105-5 (Normalization of School Operation of Autonomous Private High Schools) |
| (1) | Upon receipt of an application by the school foundation of an autonomous private high school that fails to satisfy the standards for recruiting freshmen determined by Ordinance of the Ministry of Education, the Minister of Education may designate the relevant school as a school eligible for support of normalization of school operation (hereinafter referred to as "school eligible for support of normalization"). <Amended on Mar. 23, 2013> |
| (2) | Notwithstanding Article 91-3 (1) 1, financial support necessary for the normalization of school operation may be provided to a school designated as a school eligible for support of normalization under paragraph (1). |
| (3) | Where a school eligible for support of normalization fails to satisfy the standards for recruiting freshmen determined by Ordinance of the Ministry of Education in the following year after the designation or the relevant school foundation desires to revoke the designation as an autonomous private high school, the Minister of Education may request the superintendent of education having jurisdiction over the relevant school to revoke the designation of an autonomous private high school. <Amended on Mar. 23, 2013; Sep. 15, 2015> |
| (4) | The superintendent of education, in receipt of a request under paragraph (3), shall revoke the designation of a relevant school as an autonomous private high school. In such cases, the designation of the school eligible for support of normalization under paragraph (1) shall be deemed revoked. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters concerning the method of, and procedures for, designation of schools eligible for support of normalization shall be determined by Ordinance of the Ministry of Education. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 7, 2011]
Deleted. <Feb. 28, 2020> [Enforcement Date: Mar. 1, 2025] Article 105-5
| Article 105-6 Deleted. <Sep. 15, 2015> |
Where the superintendent of education intends to revoke the designation of a specialized middle school, special-purpose high school, specialized high school, or autonomous private high school under Article 76 (5), 90 (4), 91 (2), or 91-3 (4), he or she shall hold a hearing. [This Article Newly Inserted on Jun. 7, 2011]
Where the superintendent of education intends to revoke the designation of a specialized middle school, special-purpose high school, or specialized high school under Article 76 (5), 90 (4), or 91 (2), he or she shall hold a hearing. [This Article Newly Inserted on Jun. 7, 2011]
[Enforcement Date: Mar. 1, 2025] Article 105-7
| Article 106 (Closure of Schools) |
Where the competent authorities issue an order to close a school pursuant to Article 65 (1) of the Act, the founder or manager of the school shall submit documents and school registers stating the student enrollment and the disposal conditions of school endowment to the competent authorities within three months from the date of receipt of such order.
| Article 106-2 (Delegation of Authority and Entrustment of Duties) |
| (1) | The Minister of Education shall delegate the following authority to the superintendent of education under Article 62 (1) of the Act: <Amended on Jan. 29, 2001; Jan. 29, 2005; Feb. 29, 2008; Dec. 30, 2011; Jul. 24, 2012; Feb. 15, 2013; Mar. 23, 2013> |
| 3. | Acknowledgement of qualifications for principals pursuant to attached Table 1 of the Act; |
| 4. | Examinations and granting of qualification for those who fall under subparagraph 9 of qualification for regular teachers of middle schools (Grade II) referred to in attached Table 2 of the Act. |
| (2) | The Minister of Education or the superintendent of education shall entrust the following duties to the Minister of Health and Welfare under Article 62 (3) of the Act: <Newly Inserted on Feb. 15, 2013; Mar. 23, 2013> |
| (3) | The Minister of Education or the superintendent of education shall delegate or entrust the following duties to the heads of Sis/Guns/Gus pursuant to Article 62 (3) of the Act: <Newly Inserted on Feb. 15, 2013; Mar. 23, 2013; Aug. 2, 2016> |
| 2. | Request to submit data for verifying eligibility for assistance with educational expenses, and inquiries and investigations therefor under Article 60-7 (1) of the Act; |
| 3. | Rejection of applications for assistance with educational expenses or revocation, suspension or change of determinations to grant assistance, under Article 60-7 (4) of the Act. |
[This Article Newly Inserted on Feb. 28, 2000]
[Title Amended on Feb. 15, 2013]
| Article 106-3 (Management of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of Education and the superintendent of education (including persons to whom the authority of the Minister of Education or the superintendent of education is delegated or entrusted under Article 30-4 (2) of the Act, Article 13-6 or 106-2 of this Decree) may handle the data which contain resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Amended on Mar. 23, 2013; Aug. 6, 2014; Jan. 6, 2015; May 8, 2017; Jun. 20, 2017; Feb. 25, 2020; Sep. 22, 2020> |
| 1-2. | Affairs related to the execution of examinations recognizing an equivalent academic background with the graduates of elementary schools, middle schools, or high schools under Article 27-2 of the Act; |
| 2. | Affairs related to the receipt and handling of applications for assistance with educational expenses under Article 60-5 of the Act; |
| 5. | Affairs related to building up and operating an information system for assistance for and handling the applications for assistance with educational expenses under Article 60-8 of the Act; |
| 6. | Affairs related to the admission and transfer of students returning from overseas, multicultural students, etc., under Article 19; |
| 7. | Affairs related to the transfer to elementary schools under Article 21; |
| 8. | Affairs related to the allocation of middle schools under Article 71; |
| 9. | Affairs related to the transfer, etc., to middle schools under Article 73; |
| 10. | Affairs related to the admission, transfer and transfer admission of students returning from overseas, multicultural students, etc. under Article 75; |
| 11. | Affairs related to the admission process under Articles 81, 81-2, 82, 82-2 and 82-3; |
| 12. | Affairs related to selection and assignment method for new students of schools of second group under Article 84; |
| 13. | Affairs related to the transfer, etc., to high schools under Article 89; |
| 14. | Affairs related to the admission, transfer and transfer admission of returning students, etc. under Article 89-2; |
| 15. | Affairs related to the receipt of application for, and the execution and handling of qualification examinations, the issuance of various types of certificates, and other relevant affairs under Articles 96 (2), 97 (2) and 98 (2). |
| 1. | Affairs related to verification of grounds for disqualification of a member of a school governance committee under Article 31-2 of the Act; |
| 2. | Affairs referred to in paragraph (1) 6, 7 and 9 through 14. |
| 1. | Affairs related to the management of enrollment of high school students, etc. under Article 92-2; |
| 2. | Affairs related to the decision-making on a grade and admission to the high school under Article 98-4. |
| 1. | Affairs related to the urging for school enrollment under Article 25; |
| 2. | Affairs related to the decision-making on exemption from or postponement of obligation of school enrollment under Article 28 (2) or (3); |
| 3. | Affairs related to the management of a school register for persons whose obligation of school enrollment is postponed, etc. under Article 29. |
| 1. | Affairs related to the preparation of a list of school children under Article 15; |
| 2. | Affairs related to a notice of school enrollment under Article 17; |
| 3. | Affairs related to urging for school enrollment under Article 26. |
| 1. | Affairs related to urging for school enrollment under Article 26; |
| 2. | Affairs set forth in the subparagraphs of Article 27-2 (2). |
| (13) | The superintendent of education may handle the data classified as follows, if it is inevitable to perform the following affairs: <Amended on Mar. 27, 2017> |
[This Article Newly Inserted on Feb. 15, 2013]
[Title Amended on Mar. 27, 2017]
[Moved from Article 104-7; previous Article 106-3 moved to Article 106-4 <May 8, 2017>]
| Article 106-3 (Management of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of Education and the superintendent of education (including persons to whom the authority of the Minister of Education or the superintendent of education is delegated or entrusted under Article 30-4 (2) of the Act or Article 13-6 or 106-2 of this Decree) may handle the data which contain resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Amended on Mar. 23, 2013; Aug. 6, 2014; Jan. 6, 2015; May 8, 2017; Jun. 20, 2017; Sep. 22, 2020> |
| 1-2. | Affairs related to the execution of examinations recognizing an equivalent academic background with the graduates of elementary schools, middle schools, or high schools under Article 27-2 of the Act; |
| 2. | Affairs related to the receipt and handling of applications for assistance with educational expenses under Article 60-5 of the Act; |
| 5. | Affairs related to building up and operating an information system for assistance for and handling the applications for assistance with educational expenses under Article 60-8 of the Act; |
| 6. | Affairs related to the admission and transfer of students returning from overseas, multicultural students, etc., under Article 19; |
| 7. | Affairs related to the transfer to elementary schools under Article 21; |
| 8. | Affairs related to the allocation of middle schools under Article 71; |
| 9. | Affairs related to the transfer, etc., to middle schools under Article 73; |
| 10. | Affairs related to the admission, transfer and transfer admission of students returning from overseas, multicultural students, etc. under Article 75; |
| 11. | Affairs related to the admission process under Articles 81, 82, and 82-2; |
| 12. | Affairs related to selection and assignment method for new students of schools of second group under Article 84; |
| 13. | Affairs related to the transfer, etc., to high schools under Article 89; |
| 14. | Affairs related to the admission, transfer and transfer admission of returning students, etc. under Article 89-2; |
| 15. | Affairs related to the receipt of application for, and the execution and handling of qualification examinations, the issuance of various types of certificates, and other relevant affairs under Articles 96 (2), 97 (2) and 98 (2). |
| 1. | Affairs related to verification of grounds for disqualification of a member of a school governance committee under Article 31-2 of the Act; |
| 2. | Affairs referred to in paragraph (1) 6, 7 and 9 through 14. |
| 1. | Affairs related to the management of enrollment of high school students, etc. under Article 92-2; |
| 2. | Affairs related to the decision-making on a grade and admission to the high school under Article 98-4. |
| 1. | Affairs related to the urging for school enrollment under Article 25; |
| 2. | Affairs related to the decision-making on exemption from or postponement of obligation of school enrollment under Article 28 (2) or (3); |
| 3. | Affairs related to the management of a school register for persons whose obligation of school enrollment is postponed, etc. under Article 29. |
| 1. | Affairs related to the preparation of a list of school children under Article 15; |
| 2. | Affairs related to a notice of school enrollment under Article 17; |
| 3. | Affairs related to urging for school enrollment under Article 26. |
| 1. | Affairs related to urging for school enrollment under Article 26; |
| 2. | Affairs set forth in the subparagraphs of Article 27-2 (2). |
| (13) | The superintendent of education may handle the data classified as follows, if it is inevitable to perform the following affairs: <Amended on Mar. 27, 2017> |
[This Article Newly Inserted on Feb. 15, 2013]
[Title Amended on Mar. 27, 2017]
[Moved from Article 104-7; previous Article 106-3 moved to Article 106-4 <May. 8, 2017>]
[Enforcement Date: Mar. 1, 2025] Article 106-3
| Article 106-4 (Re-Examination of Regulation) |
| (1) | The Minister of Education shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Dec. 31, 2015; Dec. 30, 2016> |
| 1. | Deleted; <Dec. 24, 2018> |
| 2. | Organization of the governance committee of private schools, duty of the head of a school to respect the result of consultation with the governance committee, and corrective orders for cases where the head of a school fails to undergo deliberation and resolution by the governance committee pursuant to Article 63: January 1, 2016; |
| 3. | Circumstances in which the designation of an autonomous private high school is revoked under 91-3 (4): January 1, 2016. |
| (2) | The Minister of Education shall examine the appropriateness of the matters to be specified in school regulations prescribed in Article 9 (1) every two years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every second year) and shall take measures, such as making improvements. <Amended on Dec. 30, 2016> |
[This Article Newly Inserted on Dec. 30, 2013]
[Moved from Article 106-3 <May 8, 2017>]
| Article 106-4 (Re-Examination of Regulation) |
| (1) | The Minister of Education shall examine the appropriateness of the organization of the governance committee established in private schools, duty of the head of a school to respect the result of consultation with the governance committee, and corrective orders where the head of a school fails to undergo deliberation and resolution by the governance committee under Article 63 every three years, counting from January 1, 2016 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements: <Amended on Feb. 28, 2020> |
| (2) | The Minister of Education shall examine the appropriateness of the matters to be specified in school regulations prescribed in Article 9 (1) every two years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every second year) and shall take measures, such as making improvements. <Amended on Dec. 30, 2016> |
[This Article Newly Inserted on Dec. 30, 2013]
[Moved from Article 106-3 <May 8, 2017>]
[Enforcement Date: Mar. 1, 2025] Article 106-4
| Article 107 (Criteria for Imposition of Administrative Fines) |
[This Article Newly Inserted on Feb. 15, 2013]
ADDENDA <Presidential Decree No. 15664, Feb. 24, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 1998.
Article 2 (Repeal of Other Statutes or Regulations)
The following Presidential Decrees are hereby repealed:
| 2. | The Regulations on the Implementation of Compulsory Education for Middle School. |
Article 3 (Transitional Measures concerning Application for Authorization on Establishment of Private Schools)
Applications for authorization on the establishment, closure, and modification of private schools under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed applications under this Decree. Article 4 (Transitional Measures concerning Annex Schools)
Article 5 (Transitional Measures concerning Entrusted Education)
Entrusted education on compulsory education for elementary school and middle school in force under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed entrusted education under this Decree. Article 6 (Transitional Measures concerning Compulsory Education for Middle School)
Compulsory education under the previous Regulations on the Implementation of Compulsory Education for Middle School as at the time this Decree enters into force shall be deemed compulsory education for middle school under this Decree.
Article 7 (Transitional Measures concerning Exemption from and Postponement of Obligation of School Enrollment)
Decisions on the exemption from and postponement of obligation of school enrollment under the previous Enforcement Decree of the Implementation of Compulsory Education for Middle School as at the time this Decree enters into force shall be deemed decisions made under this Decree.
Article 8 (Transitional Measures concerning Discipline of Students)
Disciplinary measures against students under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed disciplinary measures against students taken under this Decree. Article 9 (Transitional Measures concerning Senior Teachers)
Article 10 (Transitional Measures concerning Combination and Operation of Elementary, Middle, and High Schools)
Schools combined and operated under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed schools combined and operated under this Decree. Article 11 (Transitional Measures concerning Plans for Admitting Students)
Plans for admitting students submitted by the superintendent of education to the Minister of Education under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed submitted under this Decree. Article 12 (Transitional Measures concerning Branches of Schools)
Article 13 (Transitional Measures concerning Members of School Governance Committees)
Members of a school governance committee elected under the previous Enforcement Decree of the Local Education Autonomy Act as at the time this Decree enters into force shall be deemed members of a school governance committee elected under this Decree. Article 14 (Transitional Measures concerning Instructors)
Article 15 (Transitional Measures concerning Committees for Management of Middle School Admission Sortition)
Committees for management of middle school admission sortition, committees for high school admission process, and committees for management of high school admission sortition established under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed established under this Decree. Article 16 (Transitional Measures concerning Special-Purpose High Schools)
Special-purpose high schools and specialized high schools designated and publicly notified by the Minister of Education under the previous Enforcement Decree of the Education Act as at the time this Decree enters into force shall be deemed designated and publicly notified under this Decree. Article 17 Omitted.
Article 18 (Relationship to Other Statutes or Regulations)
Where other statutes or regulations cite the previous Enforcement Decree of the Education Act or the Regulations on the Implementation of Compulsory Education for Middle School, or their provisions as at the time this Decree enters into force, and if this Decree includes the provisions corresponding to them, this Decree or the corresponding provisions of this Decree shall be deemed cited in lieu thereof.
ADDENDA <Presidential Decree No. 15772, Apr. 11, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 16137, Feb. 27, 1999>
This Decree shall enter into force on March 1, 1999.
ADDENDA <Presidential Decree No. 16522, Aug. 7, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on September 1, 1999. |
| (2) | (Transitional Measures concerning Those subject to Compulsory Education for Middle School) Persons, who are recognized as those subject to compulsory education for middle school under the previous provisions at the time of enforcing this Act, shall be deemed persons subject to the compulsory education for middle school under this Decree notwithstanding the amended provisions of Article 23 (1) and Table 1. |
ADDENDA <Presidential Decree No. 16729, Feb. 28, 2000>
| (1) | (Enforcement Date) This Decree shall enter into force on March 1, 2000. |
| (2) | (Transitional Measures concerning Members of School Governance Committee) The members of a school governance committee elected pursuant to the previous provisions as at the time this Decree enters into force shall be deemed the members of a school governance committee elected pursuant to this Decree. |
| (3) | (Transitional Measures concerning Fixed Number of Members of School Governance Committee) The fixed number of members of a school governance committee organized pursuant to the previous provisions as at the time this Decree enters into force shall be governed by the previous provisions until the terms of office of members of the school governance committee concerned terminate, notwithstanding the amended provisions of Articles 58 (1) and 63 (2). |
| (4) | (Special Cases concerning Establishment of School Governance Committee Regulations) The regulations of a private school governance committee organized first after this Decree enters into force shall be determined by the head of a school after hearing opinions of teachers and parents of students of the school concerned. |
ADDENDUM <Presidential Decree No. 17023, Dec. 27, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17142, Mar. 2, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Special Cases on Holidays in 2001 School Year) The holidays in the 2001 school year shall be determined by the principal of school through the deliberation of the school governance committee after the commencement of the school year, notwithstanding the amended provisions of Article 47 (1). |
ADDENDA <Presidential Decree No. 17390, Oct. 20, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability following Expansion of Compulsory Education for Middle School in Areas of Special Metropolitan City, Metropolitan City and City)
| (1) | The amended provisions of Article 23 (1) 4 shall apply chronologically, starting from the entered persons of the year 2002. |
| (2) | Where the persons not subject to compulsory education under Article 23 (1) 4 and Article 2 (1) of the Addenda have moved their residence to areas under Article 23 (1) 1 through 3, they shall be deemed the persons subject to compulsory education only in the case of a transfer of school or a special admission to the middle schools in the school group or the middle school district in the said residence place. |
Article 3 (Special Cases on Public Announcement of Change of Admission Process Method of Autonomous Schools for Year 2002)
The principal of the schools determined by the Minister of Education and Human Resources Development from among the autonomous schools under Article 105, shall publicly announce the change of admission process methods for the year 2002 not later than October 31, 2001, notwithstanding the amended provisions of Article 105 (6). Article 4 Omitted.
ADDENDUM <Presidential Decree No. 17895, Jan. 29, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18282, Feb. 17, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Schools Accrediting Academic Background) Any school that is designated as a school accrediting academic background by the Minister of Education and Human Resources Development pursuant to the previous provisions at the time of enforcement of this Decree shall be deemed to be designated by the superintendent of education under this Decree. |
| (3) | (Transitional Measures concerning Autonomous Schools) Any school that is designated as an autonomous school by the Minister of Education and Human Resources Development pursuant to the previous provisions at the time of enforcement of this Decree shall be deemed to be designated by the superintendent of education under this Decree. |
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18551, Sep. 23, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18690, Jan. 29, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 30, 2005.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 19057, Sep. 29, 2005>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 40-3 shall enter into force on January 1, 2006.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19655, Aug. 24, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19856, Feb. 1, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20003, Apr. 12, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes and Regulations)
Where other statutes and regulations have cited a "vocational high school" under this Decree at the time of enforcement of this Decree, it shall be deemed a "technical high school" has been cited.
ADDENDUM <Presidential Decree No. 20056, May 16, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20116, Jun. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 20635, Feb. 22, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 31-2 through 31-4 shall enter into force on March 1, 2008.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20790, May 26, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20792, May 27, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall enter into force on November 1, 2008; Articles 24 through 26 on January 1, 2010; Article 29 on July 1, 2009; and Article 48 on January 1, 2013. Article 2 (Transitional Measures Following Amendment to the Decree on Disciplinary Action against Public Officials) | (2) | Written requests for disciplinary action which were received by the First and Second Central Disciplinary Committees under the previous Decree on Disciplinary Action against Public Officials before it is amended as at the time this Decree enters into force shall be deemed received by the Central Disciplinary Committee under this Decree. |
| (3) | Resolutions passed by the First and Second Central Disciplinary Committees under the previous Decree on Disciplinary Action against Public Officials before it is amended as at the time this Decree enters into force shall be deemed those passed by the Central Disciplinary Committee under this Decree. |
Article 3 (Transitional Measures Following Amendment to the Enforcement Decree on the Framework Act on Logistics Policies) The affairs conducted by the Minister of Oceans and Fisheries on the basis of deliberations and resolutions thereon by the Committee of Examinations of Logistic Managers pursuant to the previous Enforcement Decree on the Framework Act on Logistics Policies before it is amended as at the time this Decree enters into force shall be deemed conducted by the Minister of Oceans and Fisheries under this Decree. Article 4 Omitted.
ADDENDUM <Presidential Decree No. 21102, Nov. 5, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21162, Dec. 12, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 14, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21215, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21375, Mar. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Designation of Autonomous Private High Schools)
Where a school has been designated as an autonomous private high school pursuant to the amended provisions of Article 105-3, matters concerning autonomous operation of a school and curricula shall begin to apply to new students who are selected on or after the relevant school has been designated as an autonomous private high school. Article 3 (Procedural Special Cases on Independent Private High School in Exemplary Operation)
Where an independent private high school being operated exemplarily as designated by the Minister of Education, Science and Technology at the time when this Decree enters into force files an application for designation of an autonomous private high school with the superintendent of education pursuant to Article 105-3, Article 105-3 (2) shall not apply to such a case. Article 4 (Transitional Measures concerning Support of Admission Process)
Notwithstanding the amended provisions of Article 105 (4), the previous provisions shall apply to an autonomous school being operated as designated by the superintendent of education pursuant to Article 105 as at the time this Decree enters into force. Article 5 (Transitional Measures following Completion of Period for Trial Operation of Self-Supporting Private High Schools)
| (1) | The principal of an independent private high school which is under trial operation at the time this Decree enters into force and is designated as an autonomous private high school after this Decree enters into force may select students with any methods other than written examinations upon the application of students, notwithstanding Articles 81 and 82, as long as his/her school continues to be designated as an autonomous private high school. |
| (2) | Article 105-3 (3) shall not apply to a school to which paragraph (1) is applicable. |
ADDENDUM <Presidential Decree No. 21688, Aug. 18, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21767, Oct. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Deleted. <by Presidential Decree No. 23184, Sep. 30, 2011>
ADDENDA <Presidential Decree No. 21809, Nov. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 22062, Feb. 26, 2010>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 98-4 shall enter into force on March 1, 2011.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22234, Jun. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Semester Systems)
The amended provisions of Article 44 (2) shall apply to the school year of 2011. Article 3 (Applicability to Permission for Transfer)
| (1) | The amended provisions of Article 66 (2) shall apply to the admission, re-admission, transfer, or transfer admission permitted by the head of a middle school on or after September 1, 2010. |
| (2) | The amended provisions of the proviso of Article 89 (1) shall begin to apply to the transfer or transfer admission permitted by the head of a high school on or after September 1, 2010. |
Article 4 (Applicability to Designation Period of Specialized Middle Schools and Special-Purpose High Schools)
A school designated and publicly notified as a specialized middle school pursuant to Article 76 as at the time this Decree enters into force and a school designated and publicly notified as a special-purpose high school under the previous Article 90 (1) 5 through 9 shall be governed by Articles 76 (5) and 90 (4) by deeming that such school is newly designated and publicly notified as a specialized middle school or a special-purpose high school for five years from the date this Decree enters into force. Article 5 (Transitional Measures concerning Conversion of High Schools Tailored to Industry Demand to Special-Purpose High Schools)
A school designated and publicly notified as a high school tailored to industry demand pursuant to the previous Article 91-2 as at the time this Decree enters into force shall be deemed newly designated and publicly notified as a special-purpose high school under Article 90 (1) 10 for five years from the date this Decree enters into force. Article 6 (Transitional Measures concerning Conversion of Technical High Schools to Specialized High Schools)
| (1) | A school designated as a special-purpose high school pursuant to the previous Article 90 (1) 1 through 4 as at the time this Decree enters into force and a former technical high school shall be deemed designated and publicly notified respectively as a specialized high school on the date this Decree enters into force. |
| (2) | The superintendent of education shall evaluate the operation performance, etc. of schools designated and publicly notified as specialized high schools pursuant to paragraph (1) and shall decide whether to continue designating such schools as specialized high schools by no later than February 28, 2015. |
Article 7 Omitted.
Article 8 (Transitional Measures concerning Amendments of Other Statutes or Regulations)
A person graduated from a former technical high school as at the time this Decree enters into force shall be deemed a graduate of a specialized high school (excluding high schools that provide specialized experience education, such as field training in nature) prescribed in this Decree and shall be governed by the amended statutes or regulations pursuant to Article 7 of the Addenda. Article 9 (Relationship to Other Statutes or Regulations)
A citation of "general high school" and "technical high school" in other statutes or regulations as at the time this Decree enters into force shall be deemed a citation of "general high school" and "high school tailored to industry demand and specialized high school (excluding high schools that provide specialized experience education, such as field training in nature)", respectively.
ADDENDUM <Presidential Decree No. 22542, Dec. 27, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22625, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22712, Mar. 18, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Preparation of Minutes and Publications Thereof)
The amended provisions of Article 59-3 shall begin to apply to governance committee meetings held on or after this Decree enters into force. Article 3 (Transitional Measures concerning Suspension from Attendance)
Notwithstanding the amended provisions of Article 31 (1), the previous provisions shall apply to punishments for acts that occurred before this Decree enters into force. Article 4 (Transitional Measures concerning Areas where the Superintendent of Education Conducts Admission Process for High Schools)
| (1) | Notwithstanding the amended provisions of the proviso to Article 67 (2), the amended provisions of Article 77, 81 (5), 82 (6), 84 (2) through (4), 87 (1), and 89 (2), the previous provisions shall apply to the timing for special admission for middle schools and admission process for high schools until ordinance of a City/Do is established pursuant to the amended provision of Article 77 (2). |
| (2) | Where ordinance of a City/Do is established pursuant to the amended provisions of Article 77 (2) and the areas where the superintendent of education conducts an admission process are prescribed by such ordinance of a City/Do pursuant to the previous provisions as at the time this Act enters into force, the requirements referred to in the subparagraphs of Article 77 (2) shall not apply. Where the areas where the superintendent of education conducts an admission process shall be excluded from ordinance of a City/Do pursuant to the previous provisions, opinion polls shall be conducted in accordance with Article 77 (3). |
ADDENDUM <Presidential Decree No. 22955, Jun. 7, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23116, Sep. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 28, 2011.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 23184, Sep. 30, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23241, Oct. 25, 2011>
This Decree shall enter into force on October 26, 2011: Provided, That the amended provisions of Article 45 shall enter into force on March 1, 2012.
ADDENDUM <Presidential Decree No. 23303, Nov. 23, 2011>
This Decree shall enter into force on the date of its promulgation: Provided, That the provision regarding the Seoul National University of the amended provisions of Article 33 (6) shall enter into force on December 28, 2011.
ADDENDA <Presidential Decree No. 23314, Nov. 23, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 23396, Dec. 28, 2011>
This Decree shall enter into force on January 1, 2012.
ADDENDA <Presidential Decree No. 23435, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012.
Article 2 (Applicability to Matters Deliberated on by Committees for High School Admission Process)
The amended provisions of Article 79 (1) 4 shall begin to apply to the admission process for high schools in 2013.
ADDENDUM <Presidential Decree No. 23658, Mar. 13, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23746, Apr. 20, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23975, Jul. 24, 2012>
This Decree shall enter into force on July 27, 2012.
ADDENDA <Presidential Decree No. 24148, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2013.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24377, Feb. 15, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 7 (11) of the Addenda shall enter into force on May 6, 2013. Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24810, Oct. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 54 (5) and (6) shall enter into force on January 1, 2014. Article 2 (Transitional Measures concerning Appointment of Multicultural Language Instructors)
Persons who have been appointed as honorary teachers or instructors under Article 42 and are in charge of teaching multicultural languages at schools as at the time this Decree enters into force shall be deemed appointed under the amended provisions of Article 42 (1), notwithstanding the amended provisions of attached Table 2. Article 3 (Transitional Measures concerning Student Allocation Plans)
Student allocation plans established as at the time this Decree enters into force shall be deemed student allocation plans established under the amended provisions of Article 52.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25184, Feb. 18, 2014>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 25375, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25819, Dec. 9, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25918, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25961, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 through 5, 96 (1) 1, 97 (1) 1 and 2, and 98 (1) 2 and (2) shall enter into force on February 1, 2015, and the amended provisions of Article 82-2 shall enter into force on March 1, 2016. Article 2 (Transitional Measures concerning Application for Authorization on Establishment of Private Schools)
Where any application is filed for the authorization on establishment, closure, or modification of authorized matters of a private school under the previous provisions before February 1, 2015, it shall be deemed filed for the establishment, closure, or modification of authorized matters of the school under the amended provisions of Articles 3 through 5. Article 3 Omitted.
ADDENDA <Presidential Decree No. 26521, Sep. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 96 (2), 105-5 (3) and 105-6 shall enter into force on September 28, 2015, and the amended provisions of Articles 44 (3), 48-2 and 76-2 shall enter into force on January 1, 2016, respectively. Article 2 Omitted.
ADDENDA <Presidential Decree No. 26551, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26855, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March, 28, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27424, Aug. 2, 2016>
This Decree shall enter into force on August 4, 2016: Provided, That the amended provisions of Articles 54 and 105 (1) 1 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27546, Oct. 18, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2017.
Article 2 (Applicability to Urging, Warning and Notification of School Enrollment by Heads of Elementary Schools and Middle Schools)
| (1) | The amended provisions of Article 25 (1) 2 shall also apply where a student enrolled in a school is absent for at least two days as at the time this Decree enters into force. |
| (2) | The amended provisions of Article 25 (4) 1 shall also apply where three days elapse after urging or warning pursuant to paragraph (1) of the same Article as at the time this Decree enters into force. |
Article 3 (Applicability to Exemption or Postponement of Obligation of School Enrollment)
The amended provisions of Article 28 (2) and (4), the main sentence of paragraph (5) of the same Article, and paragraph (7) of the same Article shall also apply where a decision on the exemption or postponement is not made despite the filing of an application for the exemption or postponement of obligation of school enrollment under the main sentence of the previous Article 28 (1) or for the re-postponement or extension of postponement under the proviso to paragraph (4) of the same Article before the enforcement of this Decree.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27773, Jan. 10, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28012, May 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28112, Jun. 20, 2017>
This Decree shall enter into force on June 22, 2017.
ADDENDUM <Presidential Decree No. 28444, Nov. 28, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28516, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Gathering Opinions by Governance Committees)
The amended provisions of Article 59-4 (1) and (2) shall begin to apply to the meetings of governance committees held in 2018. Article 3 (Applicability to Administrators of Admission Process for High Schools)
The amended provisions of Articles 77 (2), 80 (1), 81 (5), 82 (2) and (7), and 84 shall begin to apply to the admission process for new students of high schools for school year 2019.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 28686, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2018. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 29203, Oct. 2, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Assessment of Educational Administrative Agencies under Jurisdiction of Superintendents of Education)
Notwithstanding the amended provisions of Article 11 (3), 12 (1), and 13 (2), (3) and (5), the assessment of educational administrative agencies under the jurisdiction of superintendents of education, which is conducted pursuant to Article 9 (3) in 2018, shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30088, Sep. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Number of School Days and School Holidays)
Notwithstanding the amended provisions of Article 45 and 47, the number of school days, school holidays, etc. in 2019 shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 30439, Feb. 25, 2020>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13-2 shall enter into force consecutively as follows: | 1. | School year 2020: Free education for students in the second and third year of high school, etc.; |
| 2. | School year 2021 and thereafter: Free education for students in all years of high school, etc. |
ADDENDA <Presidential Decree No. 30494, Feb. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2025: Provided, That the amended provisions of Articles 90 (4) 5, 91-3 (4) 5, and 91-4 (3) shall enter into force on the date of promulgation of the Decree. Article 2 (Validity)
The amended provisions of Article 90 (4) 5 except those related to special-purpose high schools under Article 90 (4) 5 shall remain effective until February 28, 2025. Article 3 (Applicability to Classification of High Schools)
Subparagraphs 1 and 4 of Articles 76-3, 77 (2), 79 (1) 4, the proviso of Article 80 (1) 3, Articles 81 (3) 1, 81-2, 82 (2) and (6), the proviso of Article 84 (2), Articles 86 (1) and (2), 90 (1) 6, 91-3 (excluding paragraph (4) 5), and the amended provisions of Articles 91-4 (excluding paragraph (3) thereof) shall begin to apply to admissions process for the 2025 school year. Article 4 (Applicability to Selection of Students for Admission to Autonomous Schools)
Article 5 (Transitional Measures concerning Substitution with Industrial-Educational Teachers)
Notwithstanding the amended provisions of Article 42 (6) 3 and 4, the previous provisions shall apply to the substitution of teachers of autonomous private high schools under the previous Article 91-3 and autonomous public high schools under Article 91-4 with industrial-educational teachers until second-year or third-year students attending those schools as at the time this Decree enters into force graduate from said schools. Article 6 (Transitional Measures concerning Transfer and Transfer Admission)
Notwithstanding the amended provisions of the proviso of Article 89 (1), the previous provisions shall apply to transfer and transfer admission of students in the second or third year attending high schools as at the time this Decree enters into force. Article 7 (Transitional Measures concerning Curricula for Students Attending Schools)
For students in the second or third year attending special-purpose high schools prescribed in the previous provisions of Article 90 (1) 6, autonomous private high schools prescribed in Article 91-3, and autonomous public high schools prescribed in Article 91-4 as at the time this Decree enters into force, the curricula originally planned shall be provided until those students graduate from the relevant schools. Article 8 (Transitional Measures concerning Qualifications for Principals Selected through Open Recruitment Procedures)
Notwithstanding the amended provisions of Article 105-2, persons appointed as principals of autonomous private high schools prescribed in the previous Article 91-3 through open recruitment before this Decree enters into force shall be governed by the previous provisions until their term of office expires.
ADDENDUM <Presidential Decree No. 30598, Apr. 7, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30640, Apr. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2020.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDUM <Presidential Decree No. 30829, Jul. 14, 2020>
This Decree shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Article 98-2 shall enter into force on the date of promulgation of the Decree.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31021, Sep. 22, 2020>
This Decree shall enter into force on September 25, 2020.
ADDENDA <Presidential Decree No. 31138, Nov. 3, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31541, Mar. 23, 2021>
This Decree shall enter into force on the date of its promulgation.