ELEMENTARY AND SECONDARY EDUCATION ACT
Act No. 5438, Dec. 13, 1997
Amended by Act No. 6007, Aug. 31, 1999
Act No. 6209, Jan. 28, 2000
Act No. 6400, Jan. 29, 2001
Act No. 6462, Apr. 7, 2001
Act No. 6714, Aug. 26, 2002
Act No. 6934, Jul. 25, 2003
Act No. 7068, Jan. 20, 2004
Act No. 7120, Jan. 29, 2004
Act No. 7398, Mar. 24, 2005
Act No. 7701, Dec. 7, 2005
Act No. 7802, Dec. 29, 2005
Act No. 8165, Jan. 3, 2007
Act No. 8577, Aug. 3, 2007
Act No. 8675, Dec. 14, 2007
Act No. 8676, Dec. 14, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8917, Mar. 21, 2008
Act No. 10413, Dec. 27, 2010
Act No. 10639, May 19, 2011
Act No. 10866, Jul. 21, 2011
Act No. 10914, Jul. 25, 2011
Act No. 11065, Sep. 30, 2011
Act No. 11219, Jan. 26, 2012
Act No. 11384, Mar. 21, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12129, Dec. 30, 2013
Act No. 12338, Jan. 28, 2014
Act No. 12933, Dec. 30, 2014
Act No. 13216, Mar. 11, 2015
Act No. 13227, Mar. 27, 2015
Act No. 13820, Jan. 27, 2016
Act No. 13943, Feb. 3, 2016
Act No. 14158, May 29, 2016
Act No. 14400, Dec. 20, 2016
Act No. 14603, Mar. 21, 2017
Act No. 15961, Dec. 18, 2018
Act No. 16672, Dec. 3, 2019
Act No. 17081, Mar. 24, 2020
Act No. 17496, Oct. 20, 2020
Act No. 17664, Dec. 22, 2020
Act No. 17954, Mar. 23, 2021
Act No. 17958, Mar. 23, 2021
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended on Mar. 21, 2012]
| Article 2 (Types of Schools) |
The following schools shall be established to provide elementary and secondary education: <Amended on Dec. 3, 2019>
| 2. | Middle schools and high civic schools; |
| 3. | High schools and high technical schools; |
| 5. | Various kinds of schools. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 3 (Classification of National Schools, Public Schools, and Private Schools) |
Schools listed in the subparagraphs of Article 2 (hereinafter referred to as "schools") shall be classified as follows according to the founding entities: <Amended on Dec. 30, 2013> | 1. | National schools: Schools established and managed by the State or schools affiliated to and managed by national corporate universities; |
| 2. | Public schools: Schools established and managed by local governments (classified into city schools and Do schools according to the founding entities); |
| 3. | Private schools: Schools established and managed by corporations or individuals (excluding schools affiliated to and managed by national corporate universities). |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 4 (Establishment of Schools) |
| (1) | Any person who intends to establish a school shall meet the establishment standards prescribed by Presidential Decree, such as facilities and equipment. |
| (2) | Any person who intends to establish a private school shall obtain authorization from 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 "superintendent of education"). |
| (3) | If any person who has established and manages a private school intends to close the school or modify important matters prescribed by Presidential Decree, he or she shall obtain authorization from the superintendent of education. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 5 (Establishment of Annex Schools) |
Elementary schools, middle schools, and high schools may be established as annexes to each other depending on the conditions of a region.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 6 (Guidance and Supervision) |
National schools shall be guided and supervised by the Minister of Education, and public schools and private schools shall be guided and supervised by the superintendent of education. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 21, 2012]
| Article 7 (Guidance for Encouragement of Learning) |
For the purpose of encouragement of learning, the superintendent of education shall provide guidance on the operation of curricula, teaching and learning methods, etc. to schools in his or her jurisdiction.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 8 (School Regulations) |
| (1) | The head of a school (if a person establishes a school, referring to the person who intends to establish the school) may enact or amend school regulations (hereinafter referred to as "school regulations") within the extent of statutes or regulations. |
| (2) | Matters necessary for items to be mentioned in school regulations and procedures for enacting or amending school regulations shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 9 (Assessment of Students, Institutions, and Schools) |
| (1) | The Minister of Education may conduct an assessment to measure the academic achievement of students attending school. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Education may conduct an assessment of the Office of Education which belongs to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province, and the schools under its jurisdiction to effectively execute educational administration. <Amended on Mar. 23, 2013> |
| (3) | The superintendent of education may conduct an assessment of educational administrative agencies and schools under his or her jurisdiction to effectively execute educational administration and improve educational capacities of schools. |
| (4) | Matters necessary for subject matter of, standards and procedures for assessment referred to in paragraphs (2) and (3) and the disclosure, etc. of the results of such assessment shall be prescribed by Presidential Decree. |
| (5) | The head of an agency to be assessed shall undergo an assessment referred to in paragraphs (1) through (3) unless there is any compelling reason not to do so. |
| (6) | The Minister of Education may provide necessary support if the superintendent of education intends to conduct an assessment under paragraph (3) in his or her jurisdiction. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 10 (Tuition Fees) |
| (1) | The founder and manager of a school may collect tuition fees or other dues. |
| (2) | Matters necessary for the methods, etc. of collecting tuition fees or other dues referred to in paragraph (1) for national schools shall be determined by Ordinance of the Ministry of Education and those for public and private schools shall be determined by ordinance 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 "City/Do"). In such cases, matters substantially infringing on citizens' right to receive education shall not be determined. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 10-2 (Free High School Education) |
| (1) | The following expenses necessary for education at high schools and high technical schools under subparagraph 3 of Article 2 and all types of schools equivalent thereto shall be covered free of charge: |
| 3. | School operation support funds; |
| 4. | Expenses for purchasing textbooks. |
| (2) | The expenses under the subparagraphs of paragraph (1) shall be borne by the State and local governments, and the founder and manager of a school shall not collect the expenses from students and their guardians. |
| (3) | Notwithstanding paragraphs (1) and (2), the founder and manager of a private school prescribed by Presidential Decree may collect the expenses under the subparagraphs of paragraph (1) from students and their guardians. |
[This Article Newly Inserted on Dec. 3, 2019]
[Enforcement Date] The amended provisions of Article 10-2 shall consecutively enter into force as follows: | 1. | 2020 school year: Free education for students in the second and third year of high school, etc.; |
| 2. | 2021 school year and thereafter: Free education for students in all years of high school, etc. |
| Article 11 (Use of School Facilities) |
Every citizen may use the facilities, etc. of national schools to the extent not hindering school education, as determined by the heads of such national schools, and those of public and private schools, as determined by the educational rules of the relevant City/Do.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 11-2 (Educational Statistics Survey) |
| (1) | The Minister of Education shall conduct an annual educational statistics survey and disclose the result thereof to efficiently promote elementary and secondary education policies and to collect basic data on students, teachers, staff, schools, educational administrative agencies, etc. necessary for research on elementary and secondary education. |
| (2) | The Minister of Education shall prepare and disclose education-related indices and predictive statistics such as estimated number of students using data collected from the educational statistics survey under paragraph (1) (hereafter in this Article referred to as "educational statistics survey") and statistics and administrative data under Article 3 of the Statistics Act for the efficient formulation, implementation, and evaluation of elementary and secondary education policies. <Newly Inserted on Mar. 24, 2020> |
| (3) | The Minister of Education may request the head of a central administrative agency, the head of a local government, the superintendent of education, and the heads of relevant institutions, such as the heads of public institutions under the Act on the Management of Public Institutions to submit data in order to conduct an educational statistics survey and to prepare education-related indices and predictive statistics under paragraph (2). In such cases, the head of an agency or institution requested to provide data shall comply with such request unless there is a compelling reason not to do so. <Amended on Mar. 24, 2020> |
| (4) | The superintendent of education may request the heads of the schools, of educational administrative agencies, etc. under his or her jurisdiction to provide data in order to submit data pursuant to paragraph (3). In such cases, the heads of the schools and of educational administrative agencies, etc. shall upon receipt of the request for submission of data comply with such request, unless there is a compelling reason not to do so, and the superintendent of education shall strive to minimize the burdens on the schools, educational administrative agencies, etc. under his or her jurisdiction. <Amended on Mar. 24, 2020> |
| (5) | The Minister of Education may request that the heads of central administrative agencies, the heads of local governments, the superintendent of education, and the heads of related institutions such as public institutions under the Act on the Management of Public Institutions which have related data create a linkage between each other's data, in order to improve the accuracy of an educational statistics survey, education-related indices, and predictive statistics and to reduce the burden of survey work. In such cases, the heads of institutions shall upon receipt of the request to create a linkage between each other's data comply with such request, unless there is a compelling reason not to do so. <Amended on Mar. 24, 2020> |
| (6) | The Minister of Education may collect personal information containing the following persons' resident registration numbers in conducting an educational statistics survey, and may provide such information to, or may be provided with such information by, the institutions which have received a request to create a linkage pursuant to paragraph (5) for the purpose of statistic surveys, analysis, verification, etc.: <Amended on Mar. 24, 2020> |
| 1. | Teachers and staff of the schools and educational administrative agencies subject to the survey; |
| 2. | Students and graduates of the schools subject to the survey. |
| (8) | In order to perform the affairs related to educational statistics surveys, etc., the Minister of Education may designate a national educational statistics center and entrust it with such affairs, as prescribed by Presidential Decree. In such cases, the Minister of Education may support expenses necessary for the designation or entrustment of such affairs. |
| (9) | Except as provided in paragraphs (1) through (8), those subject to an educational statistics survey, education-related indices, predictive statistics, the procedures therefor, and the disclosure of the results of thereof, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Mar. 24, 2020> |
[This Article Newly Inserted on Mar. 21, 2017]
CHAPTER II COMPULSORY EDUCATION
| Article 12 (Compulsory Education) |
| (2) | A local government shall establish and manage elementary schools, middle schools, and special schools which teach elementary and middle school courses in order to enroll all persons subject to compulsory education in schools in its jurisdiction. |
| (3) | Where it is impracticable for a local government to enroll all persons subject to compulsory education in its jurisdiction in elementary schools, middle schools, and special schools established by the local government, it may establish and manage elementary schools, middle schools, or special schools jointly in consultation with any adjoining local government, or entrust education for some persons subject to compulsory education to elementary schools, middle schools, or special schools established by the adjoining local government or national or private elementary schools, middle schools, or special schools. |
| (4) | No founders and managers of national or public schools, and founders and managers of private schools entrusted with education for persons subject to compulsory education pursuant to paragraph (3) shall collect the expenses under the subparagraphs of Article 10-2 (1) from persons subject to compulsory education. <Amended on Dec. 30, 2013; Dec. 3, 2019> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 13 (Obligation of School Enrollment) |
| (1) | Every citizen shall send sons and daughters or children under his or her care to an elementary school from March 1 of the year following the year in which the date they reach six years of age falls and have them attend the elementary school until they graduate therefrom. |
| (2) | Notwithstanding paragraph (1), every citizen may send sons and daughters or children under his or her care to an elementary school in the year following the year in which the date they reach five years or seven years of age falls. In such cases, he or she shall have his or her sons and daughters or children attend an elementary school from March 1 of the year they are admitted to the elementary school until they graduate therefrom. |
| (3) | Every citizen shall send sons and daughters or children under his or her care to a middle school at the beginning of the school year following the school year in which they graduate from an elementary school and have them attend the middle school until they graduate therefrom. |
| (4) | Matters necessary for fulfillment, encouragement, etc. of the obligation of school enrollment as referred to in paragraphs (1) through (3) and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 14 (Exemption from Obligation of School Enrollment) |
| (1) | Any person subject to compulsory education who is unable to be enrolled in school due to any unavoidable reason, such as a disease or undergrowth, may be exempted from or granted a postponement of the obligation to be enrolled in school under Article 13, as prescribed by Presidential Decree. |
| (2) | When a person who has been exempted from or granted a postponement of the obligation to be enrolled in school under paragraph (1) intends to be re-enrolled in school, he or she may be allowed to be enrolled in school upon determining a school year after evaluating his or her learning abilities, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 15 (Employers' Duties) |
No employer who hires persons subject to compulsory education shall hinder them from receiving compulsory education due to such employment.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 16 (Subsidies to Persons with Parental Authority) |
Where a person with parental authority or a guardian of any person subject to compulsory education has difficulty in enrolling the person subject to compulsory education in school on economic grounds, the State and the relevant local government may provide a subsidy for educational expenses.
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER III STUDENTS AND TEACHERS AND STAFF
| Article 17 (Self-Governing Activities of Students) |
The self-governing activities of students shall be encouraged and protected, and basic matters concerning the organization and operation thereof shall be determined by school regulations.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 18 (Discipline of Students) |
| (1) | The head of a school may discipline or otherwise guide students, as prescribed by statutes, regulations, or school regulations, if deemed necessary for education: Provided, That he or she shall not expel students who receive compulsory education from the school. <Amended on Mar. 23, 2021> |
| (2) | Where the head of a school intends to discipline any student, he or she shall undergo due formalities, such as giving the relevant student or his or her guardian an opportunity to state his or her opinions. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 18-2 (Application for Reexamination) |
| (1) | Any student or his or her guardian who has an objection to expulsion from school among disciplinary actions referred to in Article 18 (1) may file an application for reexamination thereof with the relevant City/Do mediation committee of disciplinary punishment on students established under Article 18-3 within 15 days from the date of expulsion or within 10 days from the date of being aware of expulsion. |
| (2) | Upon receipt of an application for reexamination under paragraph (1), a City/Do mediation committee of disciplinary punishment on students referred to in Article 18-3 shall examine it and notify an applicant of a decision within 30 days. |
| (3) | Any applicant who has an objection to the examination and decision notified under paragraph (2) may raise an administrative appeal within 60 days from the date of receipt of the notification thereof. |
| (4) | Matters necessary for filing an application for reexamination pursuant to paragraph (1), procedures for examination and notification of a decision pursuant to paragraph (2), and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 18-3 (Establishment of City/Do Mediation Committees of Disciplinary Punishment on Students) |
| (1) | A City/Do mediation committee of disciplinary punishment on students (hereinafter referred to as "discipline mediation committee") shall be established under the jurisdiction of the superintendent of education to review and make a determination as to an application for reexamination filed under Article 18-2 (1). |
| (2) | Matters necessary for the organization, operation, etc. of discipline mediation committees shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 14, 2007]
| Article 18-4 (Guarantee of Human Rights of Students) |
[This Article Newly Inserted on Dec. 14, 2007]
SECTION 2 Teachers and Staff
| Article 19 (Classification of Teachers and Staff) |
| (1) | The following teachers shall be assigned to schools: <Amended on Dec. 3, 2019> |
| 1. | Elementary schools, middle schools, high schools, high civic schools, high technical schools, and special schools shall have principals, assistant principals, head teachers, and teachers: Provided, That any school which is smaller than a certain scale prescribed by Presidential Decree among schools with not more than 100 students or not more than 5 classes need not have an assistant principal; |
| 2. | Various kinds of schools shall have required teachers in the manner described in subparagraph 1. |
| (2) | Schools shall have staff in addition to teachers, such as administrative staff necessary for the operation of schools. |
| (3) | Schools may have teachers holding positions who share school affairs among teachers to ensure the efficient operation of schools. |
| (4) | Matters necessary for the number of teachers and staff (hereinafter referred to as "teachers and staff") to be assigned to schools shall be prescribed by Presidential Decree, specific assignment standards by level of school shall be determined by guidance and supervision agency referred to in Article 6 (hereinafter referred to as "competent authority"), and the Minister of Education shall report the matters on the number of teachers to the National Assembly each year. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 19-2 (Assignment of Specialized Counselors) |
| (2) | Matters necessary for the number, assignment standards, etc. of specialized itinerant counselors under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 20 (Duties of Teachers and Staff) |
| (1) | The principal of a school shall exercise overall control of school affairs, guide and supervise teachers and staff, and educate students. <Amended on Mar. 23, 2021> |
| (2) | The assistant principal of a school shall assist the principal, manage school affairs, educate students, and act for the principal if the principal is unable to perform his or her duties due to an unavoidable reason: Provided, That where a school has no assistant principal, the teacher (including a head teacher) designated in advance by the principal of the school shall perform the principal's duties. |
| (3) | A head teacher shall assist the teaching and research activities of teachers and educate students. |
| (4) | Teachers shall educate students, as prescribed by statutes or regulations. |
| (5) | Staff, such as administrative staff, shall take charge of administrative affairs and other affairs of the school, as prescribed by statutes or regulations. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 21 (Qualifications for Teachers) |
| (1) | Principals and assistant principals shall meet the qualification standards referred to in attached Table 1 and obtain a certificate of qualification examined and granted by the Minister of Education, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | Teachers shall be classified into regular teachers (Grades I and II), assistant teachers, specialized counselors (Grades I and II), librarian teachers (Grades I and II), vocational teachers, health teachers (Grades I and II), and nutrition teachers (Grades I and II), and they shall meet the qualification standards referred to in attached Table 2 and obtain a certificate of qualification examined and granted by the Minister of Education, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (3) | Head teachers shall obtain a certificate of qualification examined and granted by the Minister of Education based on the results of completing training determined by the Minister of Education, as prescribed by Presidential Decree, among those who have obtained a certificate of qualification referred to in paragraph (2), have at least 15 years’ educational experience (including work experience as an educational expert official referred to in Article 2 (1) 2 and 3 of the Educational Officials Act), and have excellent qualifications and capabilities in teaching and research. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 21-2 (Grounds for Disqualification of Teachers) |
None of the following persons shall obtain qualifications as a teacher under Article 21 (2): | 1. | A person who is addicted to narcotics, cannabis, or other psychotropic substances; |
| 2. | A person in whose case a sentence or medical treatment and custody is imposed and becomes final (including a person in whose case the suspension of execution of a sentence is imposed and the period of suspended execution has elapsed) due to any of the following acts against a minor: |
| 3. | A person in whose case a sentence of a fine of at least one million won or heavier punishment, or medical treatment and custody is imposed and becomes final (including a person in whose case the suspension of execution of a sentence is imposed and the period of suspended execution has elapsed) due to an act of sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 21-3 (Separate Sentencing of Fines) |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 21-4 (Prohibition of Lending and Arrangement of Lending of Certificates of Qualification as Teacher) |
No person shall lend or borrow a certificate of qualification obtained under Article 21 to or from any other person, and shall arrange such lending. [This Article Newly Inserted on Dec. 22, 2020]
| Article 21-5 (Revocation of Qualification) |
| (1) | Where a person who is issued a certificate of qualification pursuant to Article 21 falls under any of the following subparagraphs, the Minister of Education shall revoke his or her qualification: |
| 1. | Where he or she has obtained the certificate of qualification by fraud or other improper means; |
| 2. | Where he or she has lent his or her certificate of qualification to any other person in violation of Article 21-4. |
| (2) | A person in whose case two years have not passed since his or her qualification was revoked under paragraph (1) shall not apply for examination under Article 21. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 22 (Industrial-Educational Teachers) |
| (2) | Matters necessary for the classification, qualification standards, appointment, etc. of industrial-educational teachers, etc. to be assigned to schools under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
SECTION 1 Common Provisions
| (1) | Schools shall operate curricula. |
| (2) | The Minister of Education shall determine basic matters on standards and details of the curricula referred to in paragraph (1), and the superintendent of education may determine the standards and details thereof according to the actual circumstances of a region within the scope of the curricula determined by the Minister of Education. <Amended on Mar. 23, 2013> |
| (3) | Subjects taught at schools shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| (1) | Each school year shall begin on March 1 and continue until the end of February of the following year. |
| (2) | Classes shall, in principle, be given during the day and full-time: Provided, That evening classes, seasonal classes, or classes by hour, etc. may be given, as prescribed by statutes, regulations, or school regulations. <Amended on Oct. 20, 2020> |
| (3) | The head of a school may provide the following classes, if necessary for education. In such cases, matters relating to class operation shall be determined by the relevant superintendent of education within the scope determined by the Minister of Education: <Newly Inserted on Oct. 20, 2020> |
| 1. | Distance learning classes using broadcasting or information and communications media, etc.; |
| 2. | Activities outside the school, such as the operation of on-the-job training. |
| (4) | Semesters, the number of school days, organization of school classes, school holidays, organization and operation of classes, and other matters necessary for providing classes shall be prescribed by Presidential Decree. <Amended on Oct. 20, 2020> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 25 (School Records) |
| (1) | The head of a school shall compile and manage the following data according to the standards determined by Ordinance of the Minister of Education after comprehensively observing and evaluating academic achievement, personality, etc. of students in order to use them for guiding and selecting students qualified to enroll in higher schools (including schools defined in each subparagraph of Article 2 of the Higher Education Act; hereinafter the same shall apply): <Amended on Mar. 23, 2013> |
| 2. | Matters concerning the register of students; |
| 3. | Matters concerning the attendance and absence of students; |
| 4. | Matters concerning the acquisition of certificates of qualifications and certifications of students; |
| 5. | Matters concerning the progress in the study of subjects; |
| 6. | Matters concerning the behavioral characteristics of and comprehensive opinions on students; |
| 7. | Other matters prescribed by Ordinance of the Minister of Education within the extent required for educational objectives. |
| (2) | The head of a school shall prepare and manage data referred to in paragraph (1) using the educational information system provided for in Article 30-4. |
| (3) | The head of a school shall, when any student attending the school is transferred to another school, provide the head of another school to which the student is transferred with the data referred to in paragraph (1). |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 26 (School Year System) |
| (1) | Students may be promoted to a higher grade or graduate from school under the school year system. |
| (2) | Notwithstanding paragraph (1), the head of a school may adopt systems, other than the school year system, with approval of the competent authority. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 27 (Early Promotion and Early Graduation) |
| (1) | The heads of elementary schools, middle schools, high schools, and various kinds of schools equivalent thereto may allow talented students to be promoted to a higher grade or graduate from school early, or may grant qualifications for early admission to schools of higher level by shortening the term of school years (including special treatment in relation to classes), notwithstanding Articles 23, 24, 26, 39, 42, and 46. |
| (2) | Where any student is admitted to a school of higher level after obtaining qualifications for early admission to such school pursuant to paragraph (1), he or she shall be deemed to have graduated from school early. |
| (3) | Matters necessary for selection, early promotion, early graduation, and granting qualifications for early admission to a school of higher level of talented students referred to in paragraphs (1) and (2), and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 27-2 (Examinations Recognizing Academic Background) |
| (1) | Those who have not completed the curricula of schools referred to in Article 2 may be recognized as having an academic background equivalent to that of the graduates of elementary schools, middle schools, or high schools after passing examinations prescribed by Presidential Decree. |
| (2) | The State or a local government shall bear costs to be incurred in conducting examinations recognizing an academic background equivalent to that of the graduates of elementary schools and middle schools among the examinations referred to in paragraph (1). |
| (3) | Matters necessary for examinations recognizing an academic background equivalent to that of the graduates of elementary schools, middle schools, and high schools shall be determined by Ordinance of the Minister of Education. <Amended on Mar. 23, 2013; Mar. 27, 2015> |
| (4) | Where necessary for selecting students qualified to enroll in schools of higher level, the superintendent of education may provide a third party with the certification of passing an examination recognizing academic background equivalent to that of a high school graduate and transcript data for persons who have passed such examination through the educational information system under Article 30-4 with the consent of the relevant persons. <Newly Inserted on Mar. 27, 2015; Mar. 23, 2021> |
| (5) | Article 30-6 shall apply mutatis mutandis to the restrictions on provision of data referred to in paragraph (4). In such cases, the “head of a school” shall be construed as the “superintendent of education”. <Newly Inserted on Mar. 27, 2015> |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 28 (Education for Students with Learning Disabilities) |
| (1) | The State and local governments shall formulate policies necessary for education for the students classified as follows, such as the flexible operation of school days and academic curricula, as prescribed by Presidential Decree: <Amended on Feb. 3, 2016> |
| 2. | Students who have interrupted their education. |
| (2) | The State and local governments shall conduct an investigation into actual status for systematically implementing education for students with learning disabilities, etc., referred to in paragraph (1). <Newly Inserted on Feb. 3, 2016> |
| (3) | The State and local governments may subsidize budget necessary for policies on students with learning disabilities, etc., referred to in paragraph (1). <Newly Inserted on Feb. 3, 2016> |
| (4) | The Minister of Education and the superintendent of education shall develop and distribute educational materials and programs necessary for students with learning disabilities, etc., referred to in paragraph (1). <Newly Inserted on Feb. 3, 2016> |
| (5) | Teachers shall complete the relevant training to improve learning capabilities of students with learning disabilities, etc., referred to in paragraph (1), as prescribed by Presidential Decree, and the superintendent of education shall guide and supervise the completion of such training. <Newly Inserted on Feb. 3, 2016> |
| (6) | The head of a school shall give a student whose signs of interruption to his or her education were discovered, or a student who has expressed the intention to interrupt his or her education, an opportunity to reconsider the interruption to his or her education. In such cases, the head of a school may acknowledge said period as the period of attendance. <Newly Inserted on Dec. 20, 2016; Mar. 23, 2021> |
| (7) | Matters necessary for standards of judgment, reconsideration period, to what extent to recognize attendance during reconsideration period, etc. for a student under paragraph (6) shall be determined by the superintendent of education. <Newly Inserted on Dec. 20, 2016; Mar. 23, 2021> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 29 (Use of Textbooks) |
| (1) | Schools shall use textbooks, the copyright of which is held by the State, or which have been authorized or recognized by the Minister of Education. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for scope, authorship, authorization, recognition, publication, supply, selection, price-assessment, etc. of textbooks shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30 (Integration and Operation of Schools) |
| (1) | Any founder or manager of a school may integrate and operate facilities, equipment, teachers, etc. of elementary schools and middle schools, middle schools and high schools, or elementary schools, middle schools, and high schools depending on the actual situations of a region, if necessary for effective operation of schools. In such cases, opinions shall be gathered from the school's students and their parents. <Amended on Dec. 22, 2020> |
| (2) | The competent authority may, upon receipt of request from the students and their parents, conduct a fact-finding survey on the conditions for the integration and operation of the school and disclose the results of such survey on the school's website. <Newly Inserted on Dec. 22, 2020>. |
| (3) | Matters necessary for standards of facilities and equipment of schools integrated and operated pursuant to paragraph (1), standards for assigning teachers, procedures for gathering opinions, standards for conducting fact-finding surveys under paragraph (2), the publication of the results thereof, and others shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30-2 (Establishment of School Accounting) |
| (1) | School accounting shall be established in national or public elementary, middle, high, and special schools. |
| (2) | Revenues for the school accounting shall be as follows: |
| 1. | Payments transferred from the general accounting of the State and the special accounting for educational expenses of local governments; |
| 2. | Expenses borne by students' parents after deliberation by each school governance committee under Article 32 (1); |
| 3. | Payments transferred from the school development fund under Article 33; |
| 4. | Subsidies and grants from the State or local governments; |
| 5. | Rental fees and service fees; |
| 6. | Amounts carried forward; |
| 7. | Proceeds from the sale of goods; |
| (3) | Expenditures of the school accounting shall be all expenses incurred in the operation of each school, establishment of school facilities, etc. |
| (4) | The school accounting may appropriate an reasonable amount as a reserve in the expenditure budget to cover unpredictable expenditures not appropriated in the budget or other expenditures to be incurred in excess of the budget. |
| (5) | Matters necessary for the establishment of the school accounting shall be prescribed by Ordinance of the Minister of Education in cases of national schools and by the educational rules of each City/Do in cases of public schools. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30-3 (Administration of School Accounting) |
| (1) | The fiscal year of the school accounting shall begin on March 1 every year and end on the last day of February next year. |
| (2) | The head of a school shall compile a draft budget for the revenues and expenditures of the school accounting every fiscal year and submit the draft budget to the competent school governance committee under Article 31 by 30 days prior to the commencement of the relevant fiscal year. |
| (3) | Each school governance committee shall deliberate on the draft budget for the revenues and expenditures of the school accounting by five days prior to the commencement of the relevant fiscal year. |
| (4) | If the draft budget referred to in paragraph (3) is not determined by the time that a new fiscal year commences, the head of a school may defray any of the following expenses in accordance with the previous year's budget. In such cases, expenses defrayed in accordance with the previous year' budget shall be deemed defrayed in accordance with the determined budget once the relevant year's budget is determined: |
| 1. | Labor costs for teachers and staff, etc.; |
| 2. | Expenses expended directly for school education; |
| 3. | Expenses for maintenance and management of school facilities; |
| 4. | Expenses that shall be paid under statutes or regulations; |
| 5. | Expenses already appropriated in the budget. |
| (5) | The head of a school shall compile a statement of accounts every fiscal year and submit it to the relevant school governance committee within two months after the end of the fiscal year. |
| (6) | Matters necessary for the administration of the school accounting shall be prescribed by Ordinance of the Minister of Education in cases of national schools and by the educational rules of each City/Do in cases of public schools. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30-4 (Development and Operation of Educational Information System) |
| (1) | The Minister of Education and the superintendent of education may develop and operate an educational information system (hereinafter referred to as "information system") to help schools and educational administrative agencies electronically perform their administrative affairs. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Education and the superintendent of education may establish and operate an information system operation center to operate and support the information system, or they may entrust the operation and support of the information system to any corporation or institution specializing in supporting educational informatization if deemed necessary to efficiently operate the information system. <Amended on Mar. 23, 2013> |
| (3) | Matters necessary for the development and operation of, and methods of access to the information system, and the establishment and operation of the information system operation center, etc. referred to in paragraph (2) shall be determined by Ordinance of the Minister of Education. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30-5 (Performance of Administrative Affairs by Using Information System) |
| (1) | The Minister of Education and the superintendent of education shall perform all or some of the administrative affairs under their jurisdiction by using the information system. <Amended on Mar. 23, 2013> |
| (2) | The head of a school shall manage the school records provided for in Article 25 and the health examination records provided for in Article 7-3 of the School Health Act and perform all or some administrative affairs under his or her jurisdiction by using the information system. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30-6 (Restrictions on Provision of Student-Related Data) |
| (1) | The head of a school shall be prohibited from providing any third person with the school records provided for in Article 25 and the health examination records provided for in Article 7-3 of the School Health Act without the consent of the relevant student (if such student is a minor, the student and his or her guardian or parents): Provided, That the same shall not apply to any of the following cases: |
| 1. | Where any administrative agency with the authority to supervise and audit the relevant school needs such data to conduct the supervision and audit thereof; |
| 2. | Where the school records provided for in Article 25 are provided for any school of higher level to select students; |
| 3. | Where such data is provided to compile statistics and conduct academic study, etc. in a form that makes it impossible to identify who is a party to such data; |
| 4. | Where such data is necessary to investigate any crime and to indict or to maintain the indictment; |
| 5. | Where such data is needed by the court for a trial; |
| 6. | Where such data is provided pursuant to statutes. |
| (2) | When the head of a school provides any third person with data pursuant to the proviso of paragraph (1), he or she may impose restrictions on the purpose thereof, the method of use, and other necessary matters on the third person provided with such data, or request the third person to take necessary measures to ensure data security. |
| (3) | No person who is provided with data under the proviso of paragraph (1) shall use it for any purpose, other than the purposes for which it is provided. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30-7 (Guidance and Supervision of Administrative Affairs Performed by Using Information System) |
The Minister of Education and the superintendent of education may, if deemed necessary, guide and supervise matters concerning the administrative affairs provided for in Article 30-5 and provision or use of data provided for in Articles 27-2 and 30-6. <Amended on Mar. 23, 2013; Mar. 27, 2015> [This Article Wholly Amended on Mar. 21, 2012]
| Article 30-8 (Safety Measures for Students) |
| (1) | Where the head of a school in cases of national schools or the superintendent of education in cases of public and private schools intends to install or change school facilities (including school fences), as prescribed by the educational rules of the competent City/Do, he or she shall establish and implement safety measures for students to prevent unauthorized access to schools of outsiders or school violence and crimes. |
| (2) | The head of a school shall implement the following matters for the safety of students: |
| 1. | Matters concerning the establishment of detailed standards, such as procedures for identifying the identity of those who enter schools; |
| 2. | Matters concerning the installation of a video processing system; |
| 3. | Matters concerning plans for the patrol and supervision of school areas. |
| (3) | Matters necessary for safety measures, etc. for students under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 30-9 (Inspection of Facilities, Equipment, and Teaching Materials and Aids) |
| (1) | The head of a school shall regularly inspect whether the school's facilities, equipment, and teaching materials and aids are managed adequately. |
| (2) | When facilities, equipment, and teaching materials and aids are deteriorated or damaged as a result of an inspection conducted under paragraph (1), the head of a school shall take necessary measures, such as repair or replacement, without delay. |
| (3) | The State or a local government may subsidize expenses incurred in taking measures prescribed in paragraph (2). |
| (4) | Necessary matters such as subject matters of inspection and the timing of inspection under paragraph (1) shall be prescribed by Ordinance of the Ministry of Education. |
[This Article Newly Inserted on Mar. 23, 2021]
SECTION 2 School Governance Committees
| Article 31 (Establishment of School Governance Committees) |
| (1) | Elementary schools, middle schools, high schools, and special schools shall organize and operate school governance committees to enhance the operational autonomy of schools and to conduct various and creative education that meets the circumstances and characteristics of a region. |
| (2) | Any school governance committee established in any national or public school shall consist of representatives of teachers of the relevant school, representatives of students' parents, and leaders of the relevant community. |
| (3) | The fixed number of members of any school governance committee shall be prescribed by Presidential Decree between five to 15 members, in consideration of the size, etc. of the relevant school. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 31-2 (Grounds for Disqualification) |
[This Article Wholly Amended on Mar. 21, 2012]
| (1) | Any school governance committee established in a national school or public school shall deliberate on the following matters: |
| 1. | Formulation of, and amendments to the school charter and regulations; |
| 2. | Draft budgets and settlement of accounts of school; |
| 3. | Methods of operating the school curricula; |
| 4. | Selection of textbooks and educational materials; |
| 5. | Matters relating to expenses borne by parents of students, such as school uniforms, jogging suits, and graduation albums; |
| 6. | Educational and training programs after regular study or during a vacation; |
| 9. | Creation, operation, and use of school operation support funds; |
| 11. | Recommendations made by principals with respect to special admission process for colleges; |
| 12. | Composition and operation of a school sports team; |
| 13. | Proposals and recommendation with respect to school operation; |
| 14. | Other matters prescribed by Presidential Decree and ordinance of the relevant City/Do. |
| (2) | The head of a private school shall consult its school governance committee about the matters referred to in each subparagraph (excluding the matters referred to in subparagraphs 7 and 8) of paragraph (1): Provided, That he or she shall consult its school governance committee about the matter referred to in subparagraph 1 only when requested by the relevant school foundation. |
| (3) | School governance committees shall deliberate and pass resolutions on matters relating to the creation, administration, and use of the school development fund under Article 33. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 33 (School Development Fund) |
| (1) | Any school governance committee referred to in Article 31 may create a school development fund. |
| (2) | Matters necessary for the methods of creating and operating the school development fund referred to in paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 34 (Composition and Operation of School Governance Committees) |
| (1) | Matters necessary for the composition and operation of school governance committees established in national schools under Article 31 shall be prescribed by Presidential Decree, and matters necessary for the composition and operation of school governance committees established in public schools shall be determined by ordinance of the relevant City/Do within the extent prescribed by Presidential Decree. |
| (2) | Matters concerning the composition of members of each school governance committee established in any private school shall be prescribed by Presidential Decree and other matters necessary for the operation of such committee shall be prescribed by the articles of association of a relevant school foundation. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 34-2 (Training of Members of School Governance Committees) |
| (1) | The superintendent of education may provide training to improve the quality and duty performance of members of school governance committees. |
| (2) | The superintendent of education may provide training under paragraph (1) upon entrusting such training to a training institution or private institution. |
| (3) | The superintendent of education may provide administrative and financial support to an institution entrusted with training under paragraph (2). |
| (4) | Other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 14, 2007]
| Article 35 Deleted. <Jan. 29, 2004> |
| Article 36 Deleted. <Jan. 29, 2004> |
| Article 37 Deleted. <Jan. 29, 2004> |
SECTION 4 Elementary Schools
The purpose of elementary schools is to provide citizens with the basic elementary education necessary for civic life.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 39 (Term of School Years) |
The term of school years for elementary schools shall be six years.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 40 Deleted. <Dec. 3, 2019> |
SECTION 5 Middle Schools and High Civic Schools
The purpose of middle schools is to provide secondary education on the basis of the education provided at elementary schools.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 42 (Term of School Years) |
The term of school years for middle schools shall be three years.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 43 (Qualifications for Admission) |
| (1) | A person who has graduated from elementary school, has passed the examination recognizing an academic background equivalent to that of an elementary school graduate under Article 27-2 (1), or has been recognized as having an equivalent or higher academic background pursuant to statutes or regulations shall be qualified to be admitted to middle school. <Amended on Mar. 23, 2021> |
| (2) | Matters necessary for methods of and procedures for admission to middle schools, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 43-2 (Air and Correspondence Middle Schools) |
| (1) | Air and correspondence middle schools may be annexed to middle schools or high schools. |
| (2) | Matters necessary for establishment, educational methods, term of school years, and operation of air and correspondence middle schools shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 44 (High Civic Schools) |
| (1) | The purpose of high civic schools is to provide secondary education necessary for civic life and vocational education to persons who have exceeded the school age under Article 13 (3) without receiving middle school education or ordinary adults. |
| (2) | The term of school years for high civic schools shall be one to three years. |
| (3) | A person who has graduated from elementary school, has passed the examination recognizing an academic background equivalent to that of an elementary school graduate under Article 27-2 (1), or has been recognized as having an equivalent or higher academic background pursuant to statutes or regulations shall be qualified to be admitted to high civic school. <Amended on Dec. 3, 2019; Mar. 23, 2021> |
[This Article Wholly Amended on Mar. 21, 2012]
SECTION 6 High Schools and High Technical Schools
The purpose of high schools is to provide secondary education and fundamental specialized education on the basis of the education provided at middle schools.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 46 (Term of School Years) |
The term of school years for high schools shall be three years: Provided, That the term of school years for part-time or correspondence systems under Article 49 shall be four years. [This Article Wholly Amended on Mar. 21, 2012]
| Article 47 (Qualifications for Admission) |
| (1) | A person who has graduated from middle schools, has passed the examination recognizing an academic background equivalent to that of an middle school graduate under Article 27-2 (1), or has been recognized as having an equivalent or higher academic background pursuant to statutes or regulations shall be qualified to be admitted to high school. <Amended on Mar. 23, 2021> |
| (2) | Other matters necessary for methods of and procedures for admission to high schools, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| (1) | High schools may establish departments. |
| (2) | The subjects and curricula of high schools shall be determined so that students can choose a career path according to their individual needs, aptitude, and abilities. |
[This Article Wholly Amended on Mar. 21, 2012]
| (1) | High schools may have a part-time or correspondence system in addition to the full-time system with authorization from the competent authority. |
| (2) | Matters necessary for the establishment of high school courses shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 50 (Branch Schools) |
The founder and manager of a high school may establish a branch school with authorization from the competent authority if specifically necessary to do.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 51 (Air and Correspondence High Schools) |
| (1) | Air and correspondence high schools may be annexed to high schools. |
| (2) | Matters necessary for establishment, educational methods, term of school years, and operation of air and correspondence high schools shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 52 (Special Classes for Working Youth) |
| (1) | Special classes mainly giving evening classes may be organized at middle schools and high schools adjoining industrial enterprises for youth working at industrial enterprises to receive the education of middle school and high school courses. |
| (2) | If the number of youth working for an industrial enterprise who desires to be admitted to middle or high school is expected to be the number forming at least two classes each year, the industrial enterprise may establish and manage a middle or high school (hereinafter referred to "middle or high school annexed to an industrial enterprise") in order for such youth to receive education. |
| (3) | If the number of youth working for at least two industrial enterprises who desires to be admitted to middle or high school is expected to be the number forming at least two classes each year, such industrial enterprises may jointly establish and manage one middle or high school annexed to an industrial enterprise, notwithstanding paragraph (2). |
| (4) | Matters necessary for the establishment standards and admission methods for special classes and middle or high schools annexed to industrial enterprises referred to in paragraphs (1) through (3) and other matters shall be determined by ordinance of the relevant City/Do. |
| (5) | The manager of an industrial enterprise which employs youth attending special classes or a middle or high school annexed to the industrial enterprise referred to in paragraphs (1) through (3) shall bear some of the educational expenses for such youth, as prescribed by ordinance of the relevant City/Do. |
| (6) | Local governments may bear some of the educational expenses for students attending special classes or middle or high schools annexed to industrial enterprises referred to in paragraphs (1) through (3), as prescribed by ordinance of the relevant City/Do. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 53 (Obligation to Enroll Youth in School and Prohibition of Interference) |
| (1) | If a youth working for an industrial enterprise intends to be admitted to a special class or a middle or high school annexed to the industrial enterprise referred to in Article 52, the manager of the industrial enterprise shall admit the youth to school. |
| (2) | The manager of an industrial enterprise shall not perform any act hindering a youth in attending school and taking classes if the youth he or she has employed is admitted to a special class or a middle or high school annexed to the industrial enterprise referred to in Article 52. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 54 (High Technical Schools) |
| (1) | The purpose of high technical schools is to provide vocational education directly necessary for civic life. |
| (2) | The term of school years for high technical schools shall be one to three years. |
| (3) | A person who has graduated from middle schools or high civic schools (three-year system), has passed the examination recognizing an academic background equivalent to that of a middle school graduate under Article 27-2 (1), or has been recognized as having an equivalent or higher academic background pursuant to statutes or regulations shall be qualified to be admitted to high technical school. <Amended on Mar. 23, 2021> |
| (4) | High technical schools may have specialized departments, the term of school years of which is at least one year, to provide specialized professional technical education for those who have graduated from high schools or have been recognized as having an equivalent or higher academic background pursuant to statutes or regulations. |
| (5) | Any person who has established and operated factories or places of business may establish and operate high technical schools. |
[This Article Wholly Amended on Mar. 21, 2012]
SECTION 7 Special Schools
| Article 55 (Special Schools) |
The purpose of special schools is to provide education equivalent to that of elementary schools, middle schools, or high schools, and to provide education for knowledge, skills, and social adaptation necessary for real life for those who need special education due to physical, mental, or intellectual disabilities.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 56 (Special Classes) |
Special classes may be established for students in need of special education, at schools of each level equivalent to or lower than high schools. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 21, 2012]
| Article 57 Deleted. <Feb. 3, 2016> |
| Article 58 (Recognition of Academic Background) |
Any person who has completed curricula corresponding to those provided at an elementary school, middle school, or high school in a special school or special class shall be deemed to have an academic background equivalent to that of a person who has graduated from a school corresponding thereto.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 59 (Integrated Education) |
Where any person who needs special education intends to receive education at an elementary school, middle school, high school, or various kinds of schools equivalent thereto, the State and a local government shall establish policies necessary for conducting integrated education, such as providing for separate admission procedures and curricula.
[This Article Wholly Amended on Mar. 21, 2012]
SECTION 8 Various Kinds of Schools
| Article 60 (Various Kinds of Schools) |
| (1) | “Various kinds of schools” means educational institutions similar to schools listed in subparagraphs 1 through 4 of Article 2. |
| (2) | Various kinds of schools shall not use any title similar to that of a school listed in subparagraphs 1 through 4 of Article 2 in their titles: Provided, That the same shall not apply to various kinds of schools which are recognized for their academic background in accordance with the related statutes or regulations (including foreigners' schools under Article 60-2 and alternative schools under Article 60-3). <Amended on Jan. 28, 2014> |
| (3) | Matters necessary for the term of school years, qualifications for admission, recognition of academic background, and operation of various kinds of schools shall be determined by Ordinance of the Ministry of Education. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 60-2 (Foreigners' School) |
| (1) | Articles 7, 9, 11, 11-2, 12 through 16, 21, 23 through 26, 28, 29, 30-2, 30-3, 31, 31-2, 32 through 34, and 34-2 shall not apply to a school (hereinafter referred to as a "foreigners' school") which falls under any of the various kinds of schools and is established for educating those prescribed by Presidential Decree among the Korean nationals who have returned after residing for a specified period in a foreign country, those who the head of the relevant school deems to have difficulties continuing to attend school in conformity with the standards and procedures prescribed by Presidential Decree among children of the persons who have acquired Korean nationality pursuant to Article 4 of the Nationality Act, and the children of foreigners. <Amended on Jan. 27, 2016; Mar. 21, 2017; Mar. 23, 2021> |
| (2) | Foreigners' schools may integrate and operate courses of kindergarten, elementary school, middle school, and high school. |
| (3) | Standards for establishing foreigners' schools, their curricula, term of school years, recognition of academic background, and other matters necessary for the establishment and operation of such foreigners’ schools shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 60-3 (Alternative Schools) |
| (1) | Articles 21 (1), 23 (2) and (3), 24 through 26, 29, and 30-4 through 30-7 shall not apply to schools which provide various education, such as experience-oriented education, including field practices, character education, and education focused on the development of the talents and aptitudes of individuals for students who drop out of other schools or want to receive education suitable for their characteristics, which correspond to the various kinds of schools (hereinafter referred to as "alternative schools"). |
| (2) | Alternative schools may integrate and operate courses of elementary school, middle school, and high school. |
| (3) | Standards for establishing alternative schools, their curricula, the term of school years, recognition of academic background, and other matters necessary for the establishment and operation of such alternative schools shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER IV-2 ASSISTANCE WITH EDUCATIONAL EXPENSES
| Article 60-4 (Assistance with Educational Expenses) |
| (1) | The State and a local government may grant subsidies, within budgetary limits, to cover the whole or part of the expenses prescribed by Presidential Decree, such as admission fees, tuition fees, and school meal expenses (hereinafter referred to as "educational expenses") to any of the following students: <Amended on Dec. 30, 2014> |
| 3. | Other students prescribed by Presidential Decree to whom assistance with educational expenses is deemed necessary, in consideration of family income, etc. |
| (2) | The details and scope of assistance with educational expenses referred to in paragraph (1) may differ according to income levels, residential areas, etc. |
| (3) | If a student has already received the same assistance as that provided in paragraph (1) pursuant to other statutes or regulations, such as the National Basic Living Security Act and the Single-Parent Family Support Act, no assistance with educational expenses referred to in paragraph (1) shall be provided to the extent of such assistance. |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 60-5 (Application for Assistance with Educational Expenses) |
| (1) | Where the relevant student or a person who protects such student de facto or de jure intends to receive assistance referred to in Article 60-4 (1), he or she shall file an application for assistance with educational expenses with the Minister of Education or the superintendent of education. <Amended on Mar. 23, 2013; Feb. 3, 2016> |
| (2) | In filing an application referred to in paragraph (1), written consents of the student eligible for assistance and a member of his or her household (referring to a person prescribed by Presidential Decree, who shares livelihood or residence with the relevant student; hereinafter the same shall apply) to providing any of the following data or information shall be submitted: <Amended on Feb. 3, 2016> |
| 3. | Insurance premiums already paid after taking out insurance referred to in of the subparagraphs of Article 4 (1) of the Insurance Business Act and other insurance-related data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information"). |
| (3) | Matters necessary for methods and procedures to apply for assistance with educational expenses referred to in paragraph (1), and methods and procedures to give consent referred to in paragraph (2), and other matters shall be determined by Ordinance of the Minister of Education. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 60-6 (Provision of Financial Information) |
| (1) | If the Minister of Education or the superintendent of education assists with educational expenses in accordance with Article 60-4, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (2) of the Credit Information Use and Protection Act, he or she may request the head of a financial company, etc. (referring to a financial company, etc., defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a credit information collection agency defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as "financial information, etc.") in order to evaluate assets of a student eligible for assistance and a member of his or her household, with the written consents submitted by the relevant student and the member of his or her household pursuant to Article 60-5 (2) converted into electronic form. <Amended on Mar. 23, 2013; Feb. 3, 2016> |
| (5) | Any person who performs or has performed the duties referred to in paragraphs (1) and (2) and any person to whom the authority is or has been delegated or entrusted under Article 62 shall not use any financial information, etc., acquired in the course of performing his or her duties for any purpose other than the purpose provided for in this Act, and shall not provide or disclose such information, etc., to any third person or organization. |
| (6) | Matters necessary for making requests to provide and providing financial information, etc., pursuant to paragraphs (1), (2), and (4) and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 60-7 (Investigations and Inquiries) |
| (1) | The Minister of Education and the superintendent of education may request a person who has filed an application for assistance with educational expenses pursuant to Article 60-5 (hereinafter referred to as “applicant for educational expenses”) or a person to whom it is determined to grant assistance, to submit documents necessary for verifying his or her eligibility for assistance with educational expenses and other data on his or her income, assets, etc; and if deemed impracticable to obtain documents necessary for verifying an applicant's eligibility for assistance with educational expenses or the data submitted is deemed false, the Minister of Education and the superintendent of education may have any public official under his or her jurisdiction make necessary inquiries to the related persons or investigate documents, etc., by entering the house or other necessary place with the consent of the applicant for educational expenses and the person to whom it is determined to grant assistance. <Amended on Mar. 23, 2013; Feb. 3, 2016> |
| (2) | The Minister of Education and the superintendent of education may request the heads of the relevant agencies to provide data on national tax, local tax, land, buildings, health insurance, national pension, employment insurance, industrial accident compensation insurance, and family relation certificate required for performing the duties under paragraph (1). In such cases, the heads of the relevant agencies shall comply therewith, unless there is any compelling reason not to do so. <Amended on Mar. 23, 2013> |
| (3) | Any person who enters, investigates, or makes inquires pursuant to paragraph (1) shall carry with him or her a certificate indicating his or her authority and present it to the related persons. |
| (4) | If an applicant for educational expenses or a person to whom it is determined to grant assistance refuses to submit the documents or data referred to in paragraph (1) or refuses, interferes with, or evades any investigation or inquiry, the Minister of Education and the superintendent of education may reject an application for assistance with educational expenses under Article 60-5 (1) or revoke, suspend, or change a determination to grant assistance. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 60-8 (Digitalization of Duties for Assistance with Educational Expenses) |
| (1) | The Minister of Education and the superintendent of education may build up and operate an information system (hereinafter referred to as "information system for assistance with educational expenses) to electronically perform the duties for assistance with educational expenses pursuant to Article 60-4. <Amended on Mar. 23, 2013> |
| (2) | When building up and operating the information system for assistance with educational expenses, the Minister of Education and the superintendent of education may utilize the educational information system under Article 30-4 (1). <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 60-9 (Collection of Data for Assistance with Educational Expenses) |
The Minister of Education and the superintendent of education may collect, manage, hold, and utilize any of the following data or information necessary for providing assistance with educational expenses under Article 60-4: <Amended on Mar. 23, 2013> | 2. | Other data or information necessary to perform the duties under this Act and prescribed by Ordinance of the Minister of Education. |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 60-10 (Collection of Expenses) |
| (1) | Where a person has received or caused a student to receive assistance with educational expenses pursuant to Article 60-4 (1) by fraud or other improper means, the Minister of Education or the superintendent of education may collect all or part of the relevant educational expenses from the person who has received, or caused a student to receive, such assistance with educational expenses. |
| (2) | The amount to be collected pursuant to paragraph (1) shall be notified to and collected from a person who has received, or caused a student to receive, assistance with educational expenses; and if the person who has received, or caused a student to receive, assistance with educational expenses fails to comply therewith, such educational expenses shall be collected in the same manner as the delinquent national or local taxes are collected. <Amended on Mar. 23, 2021> |
[This Article Newly Inserted on Dec. 20, 2016]
| Article 60-11 (Support for Commuting to School) |
| (1) | The superintendent of education may provide necessary support to enable students to commute to school safely and conveniently. |
| (2) | Matters necessary for supporting commuting to school under paragraph (1) shall be prescribed by municipal ordinance of the relevant City/Do. |
[This Article Newly Inserted on Mar. 24, 2020]
CHAPTER V SUPPLEMENTARY AND PENALTY PROVISIONS
| Article 61 (Special Cases concerning Operation of Schools and Curricula) |
| (1) | Where deemed particularly necessary for improving and developing the educational system, including the school educational system, schools or curricula to which Articles 21 (1), 24 (1), 26 (1), 29 (1), 31, 39, 42, and 46 do not apply may be operated for a limited period, as prescribed by Presidential Decree. |
| (2) | No school teachers, students, etc. shall be treated disadvantageously by reason of their participation in school activities or curricula operated under paragraph (1). |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 62 (Delegation of Authority) |
| (1) | Part of the authority of the Minister of Education granted under this Act may be delegated to the superintendent of education or entrusted to Seoul National University or Incheon National University, as prescribed by Presidential Decree. <Amended on Mar. 21, 2012; Mar. 23, 2013> |
| (2) | Authority concerning the establishment and operation of national schools among the authority of the Minister of Education granted under this Act may be delegated to the head of a relevant central administrative agency, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (3) | Part of the duties regarding educational assistance under Articles 60-5 through 60-7 among the duties of the Minister of Education and the superintendent of education under this Act may be delegated to the Minister of Health and Welfare or the head of a local government, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 63 (Orders for Correction or Modification) |
| (1) | Where any school violates education-related statutes or regulations, or orders or school regulations thereunder, with respect to facilities, equipment, classes, school affairs, and other matters, the competent authority may order the founder, manager, or head of the school to correct the relevant violation or modify school regulations within a fixed period. |
| (2) | Where any person in receipt of an order for correction or modification issued under paragraph (1) fails to fulfill such order within the designated period without a justifiable ground, the competent authority may annul the violation of the order or take measures, such as reducing the number of students, reducing or closing classes and departments, or suspending the recruitment of students in the relevant schools, as prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraphs (1) and (2), where a foreigners’ school admits any person other than those provided for in this Act to that school by any improper means, such as falsity or deceit, in violation of Article 60-2 (1), the competent authority may issue an order for correction or modification under paragraph (1) or suspend the recruitment of domestic students on the basis of the frequency of violations. In such cases, standards for administrative dispositions based on the frequency of violations shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 64 (Orders for Suspension of Classes and Temporary Closure of Schools) |
| (1) | Where deemed impossible to hold normal classes due to exigent causes, such as disasters, the competent authority may order the head of a school to suspend classes. |
| (2) | The head of a school in receipt of an order referred to in paragraph (1) shall suspend classes without delay. |
| (3) | Notwithstanding an order referred to in paragraph (1), where the head of a school fails to suspend classes or any specific exigent cause exists, the competent authority may take measures to temporarily close the school. |
| (4) | For a school where classes are suspended under paragraph (2), lessons and attendance of students shall be suspended during the period of suspension, and for a school temporarily closed under paragraph (3), all functions of the school except the simple management affairs shall be suspended. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 65 (Closure of Schools) |
| (1) | Where it is impossible to manage normal school affairs under the following circumstances, the competent authority may order the relevant school to close it: |
| 1. | Where the head, founder, or manager of a school violates this Act or an order issued under this Act intentionally or by gross negligence; |
| 2. | Where the head, founder, or manager of a school repeatedly violates this Act or orders issued by the competent authority under other education-related statutes or regulations; |
| 3. | Where a school fails to hold lessons for at least three months except for the period of suspension and temporary closure of school. |
| (2) | If any person uses the title of a school or invite students and operates the facilities in de facto form of a school without obtaining authorization to establish a school referred to in Article 4 (2) or authorization to establish a branch school referred to in Article 50, the competent authority may order such person to close the facilities which he or she has established and operates. |
[This Article Wholly Amended on Mar. 21, 2012]
| (1) | Where the Minister of Education intends to revoke the qualification pursuant to Article 21-5 (1), he or she shall hold a hearing. <Newly Inserted on Dec. 22, 2020> |
| (2) | Where the competent authority intends to issue an order for closure of a school or facility pursuant to Article 65, it shall hold a hearing. <Amended on Dec. 22, 2020> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 67 (Penalty Provisions) |
| (1) | Any person who uses financial information, etc., for any purpose other than those provided for in this Act, or provides or discloses such information, etc., to any third person or organization in violation of Article 60-6 (5) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on May 29, 2016> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on May, 29, 2016> |
| 1. | A person who uses the title of a school or invites students and operates facilities in de facto form of a school without obtaining authorization to establish a school referred to in Article 4 (2) or authorization to establish a branch school referred to in Article 50; |
| 2. | A person who fails to obtain authorization to close a school or authorization of modification, in violation of Article 4 (3); |
| 3. | A person who obtains authorization to establish or close a school or authorization of modification referred to in Article 4 (2) or (3) or obtains authorization to establish a branch school referred to in Article 50 by fraud or other improper means; |
| 4. | A person who provides student-related data to any third person without obtaining the consent thereto from the consent authority in violation of Article 30-6 (1) or (3) or uses the provided data for the purpose other than the purpose for which such data is provided. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 29, 2016; Dec. 22, 2020> |
| 1. | A person who lends or borrows a certificate of qualification to or from any other person, or arrange such lending in violation of Article 21-4; |
| 1. | A person who violates an order for correction or modification issued under Article 63 (1); |
| 2. | A person who violates an order for closure of school issued under Article 65 (1). |
| (4) | A person who receives, or causes a student to receive, assistance with educational expenses pursuant to Article 60-4 (1) by fraud or other improper means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won, misdemeanor imprisonment, or a minor fine. <Newly Inserted on Dec. 20, 2016> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 68 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: |
| 1. | A person who has been urged to fulfill the obligation of school enrollment referred to in Article 13 (4) but fails to fulfill it; |
| 2. | A person who hinders persons subject to compulsory education from receiving compulsory education in violation of Article 15; |
| 3. | A person who fails to send students to school or performs acts hindering students from attending school or taking lessons in violation of Article 53. |
| (2) | Administrative fines referred to in paragraph (1) shall be imposed and collected by the superintendent of education, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
ADDENDA <Act No. 5438, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998.
Article 2 (Transitional Measures concerning Schools)
Kindergartens, elementary schools, middle schools, high schools, high technical schools, civic schools, high civic schools, special schools, and various kinds of schools equivalent thereto under the previous Education Act as at the time this Act enters into force shall be deemed to have been established, respectively, under this Act. Article 3 (Transitional Measures concerning School Regulations)
School regulations of various kinds of schools lower than high schools as at the time this Act enters into force shall be deemed the school regulations under this Act.
Article 4 (Transitional Measures concerning Graduates)
Persons who graduated from kindergartens, elementary schools, middle schools, high schools, high technical schools, civic schools, high civic schools, special schools, and various kinds of schools equivalent thereto under the previous Education Act as at the time this Act enters into force shall be deemed to have graduated from kindergartens, elementary schools, middle schools, high schools, high technical schools, civic schools, high civic schools, special schools, and various kinds of schools equivalent thereto, respectively, under this Act. Article 5 (Transitional Measures concerning Graduates of Technical Schools)
The qualifications of persons who graduated from technical schools under the previous Education Act as at the time this Act enters into force shall be governed by the previous provisions. Article 6 (Transitional Measures concerning Recognition of Academic Background)
Persons who have been recognized as having academic backgrounds equivalent to or higher than those of the graduates of various kinds of schools lower than high schools referred to in the subparagraphs of Article 81 of the previous Education Act as at the time this Act enters into force shall be deemed to have such academic backgrounds, respectively, under this Act. Article 7 (Transitional Measures concerning School Governance Committees)
School governance committees organized at national, public, and private elementary schools, middle schools, high schools, and special schools under the previous Local Education Autonomy Act as at the time this Act enters into force shall be deemed to have been organized, respectively, under this Act. Article 8 (Transitional Measures concerning Qualifications for Teachers)
Persons who have teacher's licenses and certificates of qualification as principals, assistant principals, directors or assistant directors of kindergartens under the previous Education Act as at the time this Act enters into force shall be deemed to have relevant certificates of qualification, respectively, under this Act. Article 9 (Transitional Measures concerning Qualifications for Principals or Assistant Principals of Technical Schools)
Persons who have certificates of qualification as principals or assistant principals of technical schools under the previous Education Act as at the time this Act enters into force shall be deemed to have certificates of qualification as principals or assistant principals of high technical schools, respectively, under this Act. Article 10 (Transitional Measures concerning Qualifications for Guidance Teachers)
Persons who have certificates of qualification as guidance teachers as at the time this Act enters into force shall be deemed to have certificates of qualification as specialized counselors under this Act.
Article 11 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions to acts done as at the time this Act enters into force shall be governed by the previous Education Act. Article 12 (Applicability to Those Qualified for Early Admission)
Article 27 (2) shall also apply to persons who have entered schools of higher level upon obtaining qualifications for early admission to schools of higher level under the previous Education Act as at the time this Act enters into force. Article 13 Omitted.
Article 14 (Relationship to Other Statutes or Regulations)
Where other statutes or regulations cite the previous Education Act or any provisions thereof as at the time this Act enters into force, this Act or the corresponding provisions thereof shall be deemed cited in lieu of the previous Education Act or the provisions thereof, if such corresponding provisions exist herein.
ADDENDUM <Act No. 6007, Aug. 31, 1999>
This Act shall enter into force on March 1, 2000.
ADDENDA <Act No. 6209, Jan. 28, 2000>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 30-2 and 30-3 shall enter into force on January 1, 2001. |
| (2) | (Applicability to Qualifications for Middle School Regular Teachers of Grade I) The amended provisions concerning qualifications (Grade I) for middle school regular teachers as specified in attached Table 2 shall begin to apply to students newly enrolled in 2001 in a graduate school of education and in the educational department of a graduate school designated by the Minister of Education. |
| (3) | (Applicability to Qualifications for School Nurses of Grade II) The amended provisions concerning qualifications (Grade II) for school nurses as specified in attached Table 2 shall begin to apply to students newly enrolled in the university in 2002. |
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6462, Apr. 7, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | Deleted. <by Act No. 6714, Aug. 26, 2002> |
ADDENDA <Act No. 6714, Aug. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Qualifications for School Nurses)
Any person who has a school nurse qualification certificate under the previous provisions as at the time this Act enters into force shall be deemed to have a health teacher qualification certificate under this Act.
Article 3 (Applicability to Disqualification of School Governance Committee Members)
The amended provisions of Article 31-2 shall begin to apply to members of a school governance committee elected after this Act enters into force. Article 4 (Applicability to Regular Teachers of Grade II at Special Schools)
The amended provisions concerning qualifications for a regular teacher of Grade II at a special school as specified in attached Table 2 (limited to matters concerning a person who has majored and earned a master's degree in special education at a graduate school of education or a graduate school designated by the Minister of Education and Human Resources) shall begin to apply to persons admitted to a graduate school of education or a graduate school designated by the Minister of Education and Human Resources in and after the school year of 2003.
Article 5 (Relationship to Other Statutes or Regulations)
If any other statutes or regulations cite a school nurse prescribed in the Elementary and Secondary Education Act as at the time this Act enters into force, a health teacher shall be deemed cited.
ADDENDUM <Act No. 6934, Jul 25, 2003>
This Act shall enter into force on January 1, 2006. <Amended by Act No. 7068, Jan. 20, 2004>
ADDENDA <Act No. 7068, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
| (1) | Any person who has a qualification certificate for specialized counselor as at the time this Act enters into force shall be deemed to have a qualification certificate for specialized counselor (Grade I) under the amended provisions of Article 21 (2) and attached Table 2. |
| (2) | Any person who has a qualification certificate for librarian teacher as at the time this Act enters into force shall be deemed to have a qualification certificate for librarian teacher (Grade II) under the amended provisions of Article 21 (2) and attached Table 2. |
Article 3 (Special Cases concerning Qualification Standards)
In applying the amended provisions of subparagraph 2 of the “nutrition teachers (Grade II)” column specified in attached Table 2, where a bachelor's degree holder has completed nutrition education courses of one or more years or a professional bachelor's degree holder has completed such courses of two or more years, from among the teachers and staff exclusively in charge of school meals for three or more years (including the food sanitation posts in the office of education or institutions under its direct control) at the school meals facilities established under Article 5 of the School Meals Act, the relevant degree holder shall be deemed to have fulfilled the qualification standards for teachers.
ADDENDA <Act No. 7120, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7398, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 30-2, 30-3, and 32 shall enter into force on the date of its promulgation, and the part "health examination records provided in Article 7-3 (2) of the School Health Act" in the amended provisions of Article 30-5 (2) and the part "data concerning the health examination records provided in Article 7-3 of the School Health Act" in the amended provisions of Article 30-6 (1) with the exception of its subparagraph shall enter into force on January 1, 2006, and the amended provisions of Article 60-3 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Collection of Tuition Fees and Other Dues)
The collection, etc. of tuition fees and other dues shall be governed by the previous provisions until ordinance of each City/Do is enacted pursuant to the amended provisions of Article 10. Article 3 (Transitional Measures concerning Use of School Facilities)
The use of school facilities, etc. shall be governed by the previous provisions until the educational rules of each City/Do are provided for pursuant to the amended provisions of Article 11. Article 4 (Transitional Measures concerning Opening and Operation of Accounting of Public Schools)
The opening and operation of the accounting of public schools shall be governed by the previous provisions until the educational rules of each City/Do are provided for pursuant to the amended provisions of Articles 30-2 (5) and 30-3 (6). Article 5 (Transitional Measures concerning Standards for Opening Special Classes for Working Youth)
Matters concerning standards for establishing the special classes and middle or high schools annexed to industrial enterprises provided in Article 52 (1) and (2), methods of admission, and defrayment of educational expenses by operators of industrial enterprises, the State, or local governments shall be governed by the previous provisions until ordinance of each City/Do is provided for pursuant to the amended provisions of Article 52 (4) through (6).
ADDENDUM <Act No. 7701, Dec. 7, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7802, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8165, Jan. 3, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8577, Aug. 3, 2007>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 (1) through (3) shall enter into force on March 1, 2008.
ADDENDUM <Act No. 8675, Dec. 14, 2007>
This Act shall enter into force on March 1, 2008.
ADDENDA <Act No. 8676, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
Article 5 (Applicability and Transition Measures Necessary for Conversion of Specialized Departments of High Technical School into Lifelong Education Facilities)
Articles 6 through 16 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That … <omitted> … amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the Acts amended under Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8917, Mar. 21, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10413, Dec. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10639, May 19, 2011>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Restrictions on Employment) The amended provisions of Article 22 (1) shall begin to apply to persons who are dismissed or discharged or punished by imprisonment without labor or heavier punishment for committing an act falling under any subparagraph of Article 10-3 (1) of the Educational Officials Act (including a person whose period of suspension of execution has passed since he or she was sentenced to suspension of execution) after this Act enters into force. |
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That … <omitted> … Article 3 of the Addenda shall enter into force one year after this Act enters into force. Articles 2 through 4 Omitted.
ADDENDUM <Act No. 10914, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11065, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Qualification Standards for Principals Selected through Open Recruitment Procedure)
The amended provisions of attached Table 1 shall also apply to the person who served or serves as a principal selected through open recruitment procedure under the previous provisions as at the time this Act enters into force.
ADDENDA <Act No. 11147, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 11219, Jan. 26, 2012>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 62 (2) shall enter into force on March 1, 2012 and the amended provisions of Article 30-8 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11384, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the parts concerning the Special Self-Governing City, the district office of education and the superintendent of education of the Special Self-Governing City shall enter into force on July 1, 2012; Article 2 (1) of the Addenda shall enter into force on July 22, 2012; and Article 2 (2) of the Addenda shall enter into force on January 18, 2013. Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12129, Dec. 30, 2013>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 shall enter into force on January 24, 2014.
ADDENDUM <Act No. 12338, Jan. 28, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12933, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13227, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Examinations Recognizing Academic Background)
Notwithstanding the amended provisions of Article 27-2 (3), examinations recognizing academic background which have been publicly announced under the previous provisions as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 13820, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13943, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 56 shall enter into force on the date of its promulgation, and the amended provisions of Article 28 shall enter into force on March 1, 2016.
ADDENDUM <Act No. 14158, May 29, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14400, Dec. 20, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 14603, Mar. 21, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15961, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Medal Winners of WorldSkills International Competition and National Skills Competition)
The amended provisions of attached Table 2 shall also apply to persons who have won medals in the WorldSkills International Competitions (limited to bronze medals or higher) and in the National Skills Competitions (limited to bronze medals or higher) as at the time this Act enters into force.
ADDENDA <Act No. 16672, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10-2 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 2 (Transitional Measures concerning Admission Qualifications for High Civic School)
A person who graduated from civic school under the previous subparagraph 1 of Article 2 before this Act enters into force may be admitted to high civic school pursuant to the previous provisions, notwithstanding the amended provisions of Article 44 (3). Article 3 Omitted.
ADDENDUM <Act No. 17081, Mar. 24, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17496, Oct. 20, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 17664, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 3 (Applicability to Grounds for Disqualification of Teachers)
The amended provisions of Article 21-2 shall begin to apply to those who apply for a teacher qualification examination after this Act enters into force. Article 3 (Applicability to Separate Sentencing of Fines)
The amended provisions of Article 21-3 shall begin to apply to those who commit a crime prescribed in subparagraph 3 of Article 21-2 after this Act enters into force. Article 4 Omitted.
ADDENDUM <Act No. 17954, Mar. 23, 2021>
This Act shall enter into force on the date of its promulgation. (Proviso omitted.)
ADDENDUM <Act No. 17958, Mar. 23, 2021>
This Act shall enter into force six months after the date of its promulgation.