The purpose of this Act is to improve the status of teachers and promote the development of education by treating teachers with honor, giving better treatment to teachers and consolidating the guarantee of their status and the protection of their educational activities. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 14, 2008]
| Article 2 (Honorable Treatment of Teachers) |
| (1) | The State, local governments, and other public organizations shall endeavor to create an environment where teachers may be engaged in educational activities while earning respect from the society and feeling a sense of great pride and duty. |
| (2) | The State, local governments, and other public organizations shall pay special attention to ensure that the authority of teachers is respected when they educate and guide students. |
| (3) | The State, local governments, and other public organizations shall, in any event, etc., held under their auspices, give teachers favorable treatment. <Amended on Feb. 3, 2016> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the honorable treatment of teachers shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 3 (Favorable Treatment of Teachers in Remuneration) |
| (1) | The State and local governments shall specially treat teachers with favorable remuneration. |
| (2) | Any school foundations and private school managers under Article 2 of the Private School Act shall maintain the remunerations of teachers of the schools established and operated by them on the same level with those of teachers of national and public schools. |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 4 (Teachers’ Privilege Not to Be Arrested) |
No teacher shall be arrested in a school without consent of the head of the school to which he or she belongs, except where he or she is a flagrant offender.
[This Article Wholly Amended on Mar. 14, 2008]
| Article 5 (Protection from School Accidents) |
| (1) | The School Safety Management Mutual Aid Association shall be established and operated to protect teachers and students from accidents that may occur during the installation and management of educational facilities and educational activities at various levels of schools, thereby ensuring that teachers perform their duties undisturbed. |
| (2) | Matters concerning the School Safety Management Mutual Aid Association shall be separately prescribed by statutes. |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 6 (Guarantee of Teachers’ Status) |
| (1) | No teacher shall take a leave of absence, or be demoted or dismissed from office against his or her will without imposition of sentence, disciplinary action or any grounds prescribed by statutes. |
| (2) | No teacher shall receive any disadvantage in his or her status such as disciplinary action or any discrimination in work conditions without good cause because he or she has filed a report or accusation of acts of corruption which occurred in relation with the operation of the relevant school, acts corresponding thereto, facts of misconduct, etc. with the relevant administrative agency, investigation agency, etc. |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 7 (Establishment of Appeal Commission for Educators) |
| (1) | An Appeal Commission for Educators shall be established in the Ministry of Education (hereinafter referred to as the "Appeal Commission"), in order to conduct appeal examinations of disciplinary action and other unfavorable dispositions imposed on teachers at various levels of schools against their will (including any disposition to refuse the reappointment of a teacher under Article 11-4 (4) of the Educational Officials Act and Article 53-2 (6) of the Private School Act; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Jan. 27, 2016> |
| (2) | The Appeal Commission shall consist of at least nine but up to 12 members, including one Chairperson, and the Chairperson and the members, the number of which is prescribed by Presidential Decree shall serve as full-time members. <Amended on Dec. 13, 2019> |
| (3) | With regard to the members of the Appeal Commission organized under paragraph (2), the number of members who were or are teachers shall not exceed 1/2 of the total number of members. <Newly Inserted on Dec. 13, 2019> |
| (4) | Matters necessary for the organization of the Appeal Commission shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2019> |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 8 (Qualification and Appointment of Members) |
| (1) | Members of the Appeal Commission (including the Chairperson; hereinafter the same shall apply) shall be appointed by the President upon the recommendation of the Minister of Education from among the following persons: <Amended on Mar. 23, 2013; Dec. 3, 2019> |
| 1. | Current or former judges, prosecutors, or attorneys-at-law with at least five years’ experience; |
| 2. | Current or former teachers with at least 10 years’ educational career; |
| 3. | Current or former public officials of at least Grade III or public officials in general service belonging to the Senior Executive Service in the educational administrative agencies; |
| 4. | Executive officers of corporations or private school managers who establish and operate private schools; |
| 6. | A person employed for the position of an associate professor or higher, teaching law at a university. |
| (2) | The terms of office of the members of the Appeal Commission shall be three years, and they may be reappointed only once. |
| (3) | The Chairperson and full-time members of the Appeal Commission shall not concurrently hold another office prescribed by Presidential Decree. |
| (4) | Deleted. <Apr. 23, 2019> |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 8-2 (Grounds for Disqualification of Members) |
| (1) | None of the following persons shall become a non-public official member of the Appeal Commission: |
| (2) | Where a non-public official member falls under any subparagraph of paragraph (1), he or she shall automatically retire. |
[This Article Newly Inserted on Apr. 23, 2019]
| Article 8-3 (Guarantee of Status of Members) |
No member of the Appeal Commission shall be dismissed from office against his or her will unless he or she becomes unable to conduct his or her duties due to mental weakness for a long time.
[This Article Newly Inserted on Apr. 23, 2019]
| Article 8-4 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
[This Article Newly Inserted on Apr. 23, 2019]
| Article 9 (Request for Examination of Appeal) |
| (1) | Where a teacher is dissatisfied with disciplinary action or any other unfavorable disposition against his or her will, he or she may request the Appeal Commission to examine his or her appeal within 30 days after he or she is informed of such action or disposition. In such cases, the teacher requesting the examination of his or her appeal may assign an attorney-at-law as his or her representative. |
| (2) | Where a teacher is removed, discharged, or dismissed from office against his or her will, a successor shall not be appointed until the Appeal Commission makes a final decision on such disposition: Provided, That where no request for the examination of an appeal is made within the period referred to in paragraph (1), a successor may be appointed at the expiration of the period. |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 10 (Decision on Examination of Appeal) |
| (1) | The Appeal Commission shall make a decision on a request for the examination of any appeal within 60 days after receiving it: Provided, That if deemed essential, the Appeal Commission may, by resolution, extend the period by an additional 30 days. |
| (2) | The Appeal Commission shall make decisions according to the following classifications: <Amended on Apr. 23, 2019> |
| 1. | Where a request for examination is unlawful, the Appeal Commission shall dismiss the request without prejudice; |
| 2. | Where the Appeal Commission deems a request for examination groundless, it shall dismiss the request; |
| 3. | Where the Appeal Commission deems a request for examination seeking the cancellation or modification of a disposition to have a good ground, it shall cancel or modify the disposition or order the person having disposition authority to cancel or modify the disposition; |
| 4. | Where the Appeal Commission deems a request for examination seeking the confirmation of effectiveness or non-effectiveness or existence or non-existence of a disposition to have a good ground, it shall confirm the effectiveness or non-effectiveness or existence or non-existence of the disposition; |
| 5. | Where the Appeal Commission deems a request for examination seeking the performance of a duty against an unlawful or unjust disposition of refusal or omission to have a good ground, it shall take a disposition as requested or order to take a disposition without delay. |
| (3) | The person having disposition authority shall take remedial measures in accordance with the purpose of the decision under paragraph (1) (hereinafter referred to as "remedial measures") within 30 days from the date he or she is served on a written decision of the Appeal Commission and shall submit the results thereof to the Appeal Commission. <Newly Inserted on Mar. 23, 2021> |
| (4) | Against a decision made by the Appeal Commission under paragraph (1), any party (excluding public organizations), such as a teacher, or a school foundation, a private school manager, or other entity as defined in Article 2 of the Private School Act, may each file a suit pursuant to the Administrative Litigation Act within 30 days from the date a written decision is served on him or her. <Amended on Mar. 23, 2021> |
| (5) | If an administrative suit is not filed within the period referred to in paragraph (4), the decision shall be final and conclusive. <Newly Inserted by Mar. 23, 2021> |
| (6) | Necessary matters relating to the examination procedures including a request for, examination of, and decision on the examination of an appeal, shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2021> |
[This Article Wholly Amended on Mar. 14, 2008]
[Title Amended on Mar. 23, 2021]
| Article 10-2 (Effects of Decisions) |
Decisions by the Appeal Commission shall be binding on persons having disposition authority. In such cases, the effect of such decisions shall not be suspended by any administrative litigation filed pursuant to Article 10 (4). [This Article Newly Inserted on Mar. 23, 2021]
[Previous Article 10-2 moved to Article 10-5 <Mar. 23, 2021>]
| Article 10-3 (Order for Remedy) |
Where a person having disposition authority fails to take remedial measures even after the elapse of a reasonable period, the Minister of Education, the superintendent of education, or the head of the relevant central administrative agency shall order the person having disposition authority to take remedial measures, in writing, within a specified period for compliance.
[This Article Newly Inserted on Mar. 23, 2019]
| Article 10-4 (Charges for Compelling Compliance) |
| (1) | Where a person having disposition authority fails to comply with an order for remedy issued under Article 10-3 (hereafter in this Article referred to as "order for remedy"), the Minister of Education, the superintendent of education, or the head of the relevant central administrative agency shall impose a charge for compelling compliance not exceeding 20 million won on the person having disposition authority. |
| (2) | The imposition of charge for compelling compliance pursuant to paragraph (1) shall be made in writing specifying the amount of the charge for compelling compliance, grounds for imposition, payment deadline, receiving institution, methods of raising an objection, agency to which an objection may be raised, etc. |
| (3) | The criteria for imposition of charges for compelling compliance under paragraph (1), procedures for return of charges for compelling compliance that have already imposed and collected, and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | The Minister of Education, the superintendent of education, or the head of the relevant central administrative agency may impose and collect the charge for compelling compliance provided for in paragraph (1) repeatedly within the limit of two times per year from the date when it issues the first order for remedy, until the order for remedy is complied with. In this case, such charge for compelling compliance shall not be imposed and collected for more than two years. |
| (5) | If the person having disposition authority who is subject to the order for remedy has complied with the order, the Minister of Education, the superintendent of education, or the head of the relevant central administrative agency shall not impose an additional charge for compelling compliance, but he or she shall collect such charge for compelling compliance already imposed before the order for remedy is complied with. |
| (6) | Where a person liable to pay a charge for compelling compliance fails to pay the charge for compelling compliance by the deadline for payment, the Minister of Education, the superintendent of education, or the head of the relevant central administrative agency shall urge him or her to pay the charge for compelling compliance within a fixed period; and where he or she fails to pay the charge for compelling compliance required under paragraph (1) within the fixed period, the charge for compelling compliance may be collected in the same manner as delinquent national taxes. |
[This Article Newly Inserted on Mar. 23, 2021]
| Article 10-5 (Exclusion of, Challenge to, or Refrainment by Member) |
| (1) | Where a member of the Appeal Commission falls under any of the following subparagraphs, he or she shall be excluded from the examination and decision-making of the relevant appeal case: |
| 1. | Where a member or his or her spouse or ex-spouse becomes a party to the relevant appeal case; |
| 2. | Where a member is or was in kinship with a party to the relevant appeal case or such party's agent; |
| 3. | Where a member gives testimony, or conducts a test or appraisal as to the relevant appeal case; |
| 4. | Where a member is or was involved in the relevant appeal case as an agent of a party to the relevant appeal case; |
| 5. | Where a member is involved in a disposition, which is subject to a request for the relevant appeal examination. |
| (2) | Where a party to a case is in a situation in which it is difficult to expect an impartial examination or decision-making from a member of the Appeal Commission, he or she may request challenge against such member. In such cases, the Appeal Commission shall determine whether to accept the request for challenge by decision. |
| (3) | No member against whom a request for challenge is filed pursuant to paragraph (2) shall participate in the resolution of the Appeal Commission on the request for challenge. |
| (4) | Where a member of the Appeal Commission falls under any of the grounds under paragraph (1) or (2), he or she may voluntarily refrain from the examination or decision-making of the appeal case. |
[This Article Newly Inserted on Apr. 23, 2019]
[Moved from Article 10-2<Mar. 23, 2021>]
| Article 11 (Negotiation and Consultation for Improvement of Teachers’ Status) |
| (1) | The school teachers’ organization under Article 15 (1) of the Framework Act on Education shall negotiate and consult with the superintendent of education of the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province (hereinafter referred to as "City/Do") or with the Minister of Education in order to develop teachers' expertise and improve their status. <Amended on Mar. 23; Feb. 3, 2016> |
| (2) | The superintendent of education of each City/Do (hereinafter referred to as the "superintendent of education") or the Minister of Education shall engage in the negotiations and consultation under paragraph (1) in good faith and shall endeavor to comply with the agreements. <Amended on Mar. 23; Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 12 (Matters Subject to Negotiation and Consultation) |
Matters concerning the improvement of treatment, conditions of employment, welfare programs, and development of expertise of teachers shall be subject to the negotiation and consultation under Article 11 (1): Provided, That the curricula and matters concerning the management and operation of educational institutions and educational administrative agencies may not be subject to any negotiation or consultation. [This Article Wholly Amended on Mar. 14, 2008]
| Article 13 (Establishment of Teachers' Status Improvement Council) |
| (1) | In order to deliberate on issues subject to negotiation or consultation at the request of either party in the course of the negotiation or consultation under Article 11 (1), teachers' status improvement councils shall be established in the Ministry of Education and in each City/Do, respectively; and the council in the Ministry of Education shall be composed of not more than seven members, while the councils in Cities/Dos shall be composed of not more than five members: Provided, That a half of all members, excluding the chairperson, shall be recommended by each school teachers' organization. <Amended on Mar. 23; Feb. 3, 2016> |
| (2) | Matters necessary for the operation of teachers' status improvement councils and the qualification and appointment of their members shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 14, 2008]
| Article 14 (Protection of Educational Activities of Teachers) |
| (1) | The State, local governments, and other public organizations shall cooperate with teachers so that they can perform educational activities smoothly. |
| (2) | In order to protect teachers' educational activities, the State and local governments shall formulate and implement policy measures for the following matters: |
| 1. | Investigation and management of the disruption of educational activities under Article 15 (1) and protection of teachers from such disruption; |
| 2. | Mediation in disputes arising in connection with educational activities and legal advice to teachers; |
| 3. | Investigation and management of civil grievances against teachers; |
| 4. | Other matters deemed necessary for the protection of teachers' educational activities. |
| (3) | Specific details of the policy measures under paragraph (2) and matters necessary for formulating and implementing such policy measures shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 14-2 (Organization and Operation of Legal Aid Teams) |
| (2) | Matters necessary for the organization and operation of legal aid teams under paragraph (1) shall be prescribed by Ordinance of the Ministry of Education or by educational regulations of Cities/Dos. |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 14-3 (Special Leave of Absence) |
A teacher who has suffered from the disruption of educational activities under Article 15 (1) may take a special leave of absence, as prescribed by the Minister of Education. [This Article Newly Inserted on Apr. 16, 2019]
| Article 15 (Measures against Disruption of Educational Activities) |
| (1) | Where the competent authority under paragraph (3), the head of a kindergarten under the Early Childhood Education Act, or the head of a school under the Elementary and Secondary Education Act, (hereinafter referred to as "school up to and including high school level") becomes aware that a student of the kindergarten or school or the protector thereof, etc. conducts any of the following acts against a teacher engaged in educational activities (hereinafter referred to as "disruption of educational activities"), he or she shall take the necessary measures for treating the teacher who has suffered from the disruption of educational activities and restoring the teacher's authority (hereinafter referred to as "protective measures") immediately: <Amended on Apr. 16, 2019> |
| 1. | A crime falling under Chapter XXV, Chapter XXX, Chapter XXXIII, and Chapter XLII of Part II of the Criminal Act; |
| 4. | Other acts determined and publicly notified by the Minister of Education, which unfairly interfere with or restrict educational activities. |
| (2) | Types of protective measures shall be as follows: <Newly Inserted on Apr. 16, 2019> |
| 1. | Psychology counseling and advice; |
| 2. | Medical treatment and convalescence for medical treatment; |
| 3. | Other measures necessary for the treatment and restoration of teachers’ authority. |
| (3) | After taking protective measures under paragraph (1), the head of a school up to and including high school level shall, without delay, report the disruption of educational activities in detail and the results of protective measures to the relevant advisory and supervisory authority classified as follows (hereinafter referred to as "competent authority"), and in the case of important matters as prescribed by Presidential Decree, the superintendent of education shall immediately report thereof to the Minister of Education: <Amended on Apr. 16, 2019; Dec. 10, 2019> |
| 1. | A national school up to and including high school level: The Minister of Education; |
| 2. | A public or private school up to and including high school level: The superintendent of education. |
| (4) | Upon receipt of a request by a teacher who has suffered from the disruption of educational activities, the competent authority reported pursuant to paragraph (3) shall file an accusation with the competent investigative agency, where judging that the disruption of educational activities is subject to criminal penalty provisions of the relevant statutes. <Newly Inserted on Apr. 16, 2019> |
| (5) | The expenses necessary for protective measures for teachers who have suffered from the disruption of educational activities shall be borne by the protectors (referring to persons with parental authority, guardians, and other persons obliged to support students in accordance with other statutes; hereinafter the same shall apply) of the students who disrupted the educational activities: Provided, That where a teacher who has suffered from the disruption of educational activities or the head of a school up to and including high school level desires for the expeditious treatment of the teacher, the competent authority may bear the expenses and exercise the right to demand a reimbursement therefor. <Newly Inserted on Apr. 16, 2019> |
| (6) | Matters necessary for the bearing of the expenses for protective measures, scope and procedures of the right to demand a reimbursement, etc. under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted on Apr. 16, 2019> |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 16 (Prohibition of Whitewash or Concealment of Disruption of Educational Activities) |
| (1) | Where the head of a school up to and including high school level makes a report pursuant to Article 15 (3), he or she shall not whitewash or conceal the details of the disruption of educational activities. <Amended on Apr. 16, 2019> |
| (2) | The competent authority shall not use information reported under Article 15 (3) as negative information for the purpose of evaluating the performance, etc. of the relevant school or the head of the relevant school. <Amended on Apr. 16, 2019> |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 16-2 (Fact-Finding Surveys) |
| (1) | To reinforce the protection of educational activities of teachers, the competent authority may conduct fact-finding surveys on the disruption of educational activities, protective measures, measures under Article 18, etc. as prescribed by Presidential Decree. |
| (2) | Where necessary to conduct a fact-finding survey under paragraph (1), the competent authority may request the head of the relevant school, relevant institutions, or organizations, etc. to submit relevant materials. |
| (3) | Matters necessary for the details, scope, procedures, etc. of fact-finding surveys under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 16-3 (Education to Prevent Disruption of Educational Activities) |
| (1) | The head of each school up to and including high school level shall provide school personnel, students, and protectors of students with education to prevent the disruption of educational activities at least once each year. |
| (2) | The head of each school up to and including high school level may entrust the organization, operation, etc. of educational programs under paragraph (1) to specialized organizations or experts. |
| (3) | The head of each school up to and including high school level shall post the plans for organizing and operating educational programs under paragraph (1) on the school’s website so as to allow easy access for school personnel, students, and their protectors, and endeavor to inform the parents of students thereof in various ways. |
| (4) | Other matters necessary for the provision, etc. of education to prevent the disruption of educational activities shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 17 (Designation of Treatment Support Center for Teachers) |
| (1) | In order to support the teachers who have suffered from the disruption of educational activities for the treatment of their emotional distress, the competent authority may designate an institution or organization that meets the requirements prescribed by Presidential Decree with regard to specialized human resources, facilities, etc. as a treatment support center for teachers. |
| (2) | The competent authority may provide subsidies to cover all or part of the expenses incurred in operating a treatment support center for teachers under paragraph (1), within budgetary limits. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 18 (Measures against Students Disrupting Educational Activities) |
| (1) | Where a student enrolled in any school up to and including high school level disrupts an educational activity, the head of the school up to and including high school level may take any of the following measures against the relevant student: Provided, That the disposition of expulsion from school shall not be taken against students in compulsory education courses: <Amended on Apr. 16, 2019> |
| 3. | Completion of special education or psychotherapy provided by experts inside or outside school; |
| 4. | Suspension of attendance; |
| 6. | Transfer to another school; |
| 7. | Expulsion from school. |
| (4) | The competent authority shall require the protector of a student to participate in special education or psychotherapy under paragraphs (1) through (3). <Amended on Apr. 16, 2019> |
| (5) | Where the head of a school up to and including high school level takes any of the measures under the subparagraphs of paragraph (1), he or she shall follow proper procedures, such as offering an opportunity to make a statement of opinion to the relevant student or his or her protector. <Newly Inserted on Apr. 16, 2019> |
| (6) | Where the head of a school up to and including high school level takes any of the measures under the subparagraphs of paragraph (1), the school committee for the protection of teachers' authority under Article 19 (2) shall deliberate on such measure. <Newly Inserted on Apr. 16, 2019> |
| (7) | Where a student who has disrupted educational activities is subject to a measure under paragraph (1) 1 through 3 or receives special education or psychotherapy under paragraphs (2) and (3), the absence from school related thereto may be included in the calculation of the number of days of attendance if the head of the school recognizes. <Newly Inserted on Apr. 16, 2019> |
| (8) | A student or the protector who has an objection to a measure under paragraph (1) 6 and 7 may request re-examination to the City/Do mediation committee of disciplinary punishment on students under Article 18-3 of the Elementary and Secondary Education Act within 15 days from the date he or she is subject to the measure or within 10 days from the date he or she is aware of being subject to the measure. In such cases, Article 18-2 (2) through (4) of that Act shall apply mutatis mutandis to requests for re-examination, examination procedures, notification of decision, etc. <Newly Inserted on Apr. 16, 2019> |
| (9) | Other matters necessary for the application standards, procedures, etc. by measure shall be prescribed by Presidential Decree. <Newly Inserted on Apr. 16, 2019> |
[This Article Newly Inserted on Feb. 3, 2016]
[Title Amended on Apr. 16, 2019]
| Article 18-2 (Fact-Finding Surveys on Work Environment for Teachers) |
| (2) | Necessary matters relating to the details, scope, procedures, etc. of surveys on actual conditions under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 19 (Establishment and Operation of Teachers' Authority Protection Committees) |
| (1) | To deliberate on the following matters concerning the protection of educational activities of teachers of schools up to and including high school level, teachers' authority protection committees shall be established in each City/Do Office of Education (hereinafter referred to as "City/Do committee for the protection of teachers' authority"): |
| 1. | Formulation of policy measures for protecting the educational activities of teachers; |
| 2. | Mediation of the following disputes related to the educational activities of teachers: |
| (a) | Mediation of disputes not mediated by school committees for the protection of teachers' authority under paragraph (2); |
| (b) | Mediation of disputes related to the educational activities of teachers of kindergartens in which school committees for the protection of teachers' authority under paragraph (2) are not established; |
| 3. | Other matters the superintendents of education deem necessary to be deliberated by City/Do committees for the protection of teachers' authority. |
| (2) | A teachers' authority protection committee shall be established in each school up to and including high school level excluding kindergartens (hereinafter referred to as "school committee for the protection of teachers' authority") to deliberate on the following matters concerning the protection of educational activities of teachers, and a teachers' authority protection committee may be established in each kindergarten where the head of the kindergarten deems necessary: |
| 1. | Preparation of educational activity disruption standards and formulation of preventive measures; |
| 2. | Measures against students disrupting educational activities under the subparagraphs of Article 18 (1); |
| 3. | Mediation of disputes related to the educational activities of teachers; |
| 4. | Other matters prescribed by school regulations. |
| (3) | Other matters necessary for the establishment, operation, etc. of City/Do committees for the protection of teachers' authority and school committees for the protection of teachers' authority shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 16, 2019]
[Previous Article 19 moved to Article 20 <Apr. 16, 2019>]
| Article 20 (Delegation of Authority) |
The Minister of Education may delegate part of his or her authority under this Act to the superintendents of education and affiliated institutions, as prescribed by Presidential Decree. <Amended on Mar. 23, 2021>
[This Article Newly Inserted on Feb. 3, 2016]
[Moved from Article 19 <Apr. 16, 2019>]
| Article 21 (Penalty Provisions) |
A person who fails to comply with a decision on examination of appeal that became final and conclusive pursuant to Article 10 (5) or through administrative litigation shall be punished by imprisonment with labor for not more than one year or by a fine of not exceeding 10 million won. [This Article Newly Inserted on Mar. 23, 2021]
[Previous Article 21 moved to Article 22 <Mar. 23, 2021>]
| Article 22 (Administrative Fine) |
| (1) | A protector who fails to participate in special education or psychotherapy under Article 18 (4) without good cause shall be subject to an administrative fine not exceeding three million won. |
| (2) | The competent authority shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 16, 2019]
[Moved from Article 21<Mar. 23, 2021>]
ADDENDA<Act No. 4376, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Any case in which an appeal by or reexamination of a teacher is pending under the Educational Officials Act or the Private School Act as at the time this Act enters into force shall be governed by the previous provisions. Article 3 Omitted.
ADDENDA <Act No. 5437, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
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. 7354, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Following Change in Name)
The Teacher Discipline Retrial Commission established as at the time this Act enters into force shall be deemed the Appeal Commission for Educators established under this Act.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes or Regulations Following Change in Name)
Where a citation by a statute or regulation to the "Teacher Discipline Retrial Commission" as at the time this Act enters into force shall be deemed a citation to the "Appeal Commission for Educators"
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8019, Oct. 4, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8414, May 11, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 9, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That … <omitted> … the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8890, Mar. 14, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7 (2) shall enter into force three months after the date of its promulgation.
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.
ADDENDA <Act No. 13819, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13936, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Measures against Disruption of Educational Activities and Special Educational Programs)
The amended provisions of Articles 15 and 18 shall begin to apply to the first cases where a student, the protector of a student, etc. disrupts an educational activity after this Act enters into force. Article 3 Omitted.
Article 4 (Relationship to Other Statutes or Regulations)
ADDENDUM <Act No. 16309, Apr. 16, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16331, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification of Members of Appeal Commission)
| (1) | The amended provisions of Article 8-2 (1) shall begin to apply to the first appointment of a member of the Appeal Commission (including reappointment) after this Act enters into force. |
| (2) | The amended provisions of Article 8-2 (2) shall begin to apply to the first occurrence of grounds for disqualifying a member of the Appeal Commission after this Act enters into force. |
Article 3 Omitted.
ADDENDA <Act No. 16676, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Appointment of Members of Appeal Commission)
| (1) | Where the Appeal Commission fails to meet the amended provisions of Article 7 (3) as at the time of appointing a member after this Act enters into force, a person who was or is not a teacher shall be appointed as such member until the requirement in the relevant amended provisions is satisfied: Provided, That the foregoing shall not apply to the reappointment of a member of the Appeal Commission. |
| (2) | With regard to the qualifications for and appointment of members, the previous provisions shall apply until the requirement in the amended provisions of Article 7 (3) is satisfied as referred to in paragraph (1). |
ADDENDUM <Act No. 16741, Dec. 10, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17954, Mar. 23, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Effect of Decisions)
The amended provisions of Articles 10 (3) through (5), 10-2 through 10-4, and 21 shall begin to apply to decisions made by the Appeal Commission for Educators after this Act enters into force.