The purpose of this Act is to provide for matters relating to the establishment, operation and management of multifunction school facilities, and thereby support the educational activities of schools by encouraging the establishment of multifunction school facilities for the joint use of students and community residents, and contribute to the development of schools and communities through the increased use of school facilities.
The terms used in this Act are defined as follows:
| (d) | Other facilities prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 23, 2021]
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall develop and implement policies necessary for the smooth and efficient establishment and operation of multifunction school facilities. |
| (2) | The State and local governments shall make efforts to establish a harmonious and cooperative relationship between schools and community residents. |
| (3) | The State and local governments shall adopt measures to assure the safety of students from the risks of crimes, safety-related incidents, etc. that could occur due to the establishment of multifunction school facilities. |
| (4) | The State and local governments shall prepare plans for administrative and financial support, such as securing human resources and a budget necessary for fulfilling the responsibilities under paragraphs (1) and (3). <Newly Inserted on Mar. 23, 2021> |
| Article 4 (Relationship to Other Statutes) |
This Act shall prevail over other statutes in regard to the establishment, operation and management of multifunction school facilities. In such cases, the School Facilities Projects Promotion Act shall apply mutatis mutandis to matters not provided for in this Act.
| Article 5 (Establishment of Multifunction School Facilities) |
| (1) | The head of a local government may establish a multifunction school facility in any of the following cases: <Amended on Mar. 23, 2021> |
| 1. | Where the head of a supervisory agency specified in Article 6 of the Elementary and Secondary Education Act (hereinafter referred to as the "head of a supervisory agency") of the school which intends to establish a multifunction school facility agrees to establish such facility; |
| 2. | Where the head of a supervisory agency requests the establishment of a multifunction school facility. |
| (2) | Where deemed necessary for establishing a multifunction school facility to promote educational activities and the welfare of communities, the head of a supervisory agency may establish such facility in consultation with the head of a local government, notwithstanding paragraph (1). <Newly Inserted on Mar. 23, 2021> |
| (3) | Where it is intended to establish a multifunction school facility pursuant to paragraphs (1) and (2), the planning, design, construction, and any other activity related to the building of the multifunction school facility shall be performed by an establisher prescribed in each paragraph, but may be determined otherwise through consultation between the head of a local government and the head of a supervisory agency. <Newly Inserted on Mar. 23, 2021> |
| (4) | The ownership of a multifunction school facility may be determined through consultation between the head of a local government and the head of a supervisory agency in consideration of such methods of building as extension, rebuilding, and remodeling, and the ratio of financial allocation, and for a private school, the ownership shall be determined through consultation with its founder. <Newly Inserted on Mar. 23, 2021> |
| (5) | Except as provided in this Act, the School Facilities Projects Promotion Act shall apply to the procedures necessary for the execution of projects, such as the establishment of a multifunction school facility. <Newly Inserted on Mar. 23, 2021> |
| (6) | Other detailed matters regarding the establishment of multifunction school facilities shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 23, 2021> |
| Article 6 (Principles of Operation and Management of Multifunction School Facilities) |
| (1) | A multifunction school facility shall be operated and managed by a person who establishes such facility under Article 5: Provided, That such operator and manager may be otherwise determined through consultation between the head of a local government and the head of a supervisory agency, taking into consideration the space mostly used by students or local residents, the frequency and hours of use, etc. <Newly Inserted on Mar. 23, 2021> |
| (2) | A person engaged in the operation and management of a multifunction school facility shall maintain and manage the facility that provides a safe and comfortable environment to improve the welfare of students, parents, teachers staff, and community residents. <Amended on Mar. 23, 2021> |
| (3) | A person engaged in the operation and management of a multifunction school facility shall ensure that the establishment and operation of such facility will not restrict, or infringe upon, the normal educational activities and operations of the relevant school, including the school’s curriculum for students and activities of teachers and other staff members. <Amended on Mar. 23, 2021> |
| (4) | A person engaged in the operation and management of a multifunction school facility may entrust all or part of the functions relating to the operation and management of the facility to a non-profit corporation, organization, or specialized institution under Article 9 to ensure that the educational activities and operations of the relevant school will not be restricted or infringed. <Amended on Mar. 23, 2021> |
| (5) | Other matters necessary for the operation and management of multifunction school facilities shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2021> |
| Article 7 (Multifunction School Facility Operation Council) |
| (1) | For the establishment, operation and management of a multifunction school facility, a multifunction school facility operation council (hereinafter referred to as “operation council”) composed of students, parents, teachers and staff, community residents, and education and safety experts may be established at each school. |
| (2) | Matters necessary for the composition, operation, etc. of an operation council may be prescribed by ordinance of the local government concerned. |
| Article 8 (Ensuring Safety of Students) |
| (1) | A multifunction school facility shall be established in compliance with the anti-crime standards regarding buildings under Article 53-2 of the Building Act, and the safety of students shall be ensured by such methods as the separation of movements among the users of a multifunction school facility including students and community residents. |
| (2) | A person engaged in the operation and management of a multifunction school facility shall take measures necessary for ensuring the safety of students, as determined by an operation council. |
[This Article Newly Inserted on Mar. 23, 2021]
| Article 9 (Specialized Institutions) |
| (1) | The Minister of Education may designate a specialized institution to have it perform affairs related to the establishment and operation of multifunction school facilities, such as survey, analysis, research, consultation, and management, as prescribed by Presidential Decree. |
| (2) | The Minister of Education may provide subsidies to cover all or part of the expenses incurred in performing the affairs prescribed in paragraph (1). |
[This Article Newly Inserted on Mar. 23, 2021]
| Article 10 (Special Cases concerning Educational Expenses) |
The head of a local government may assist the head of a relevant supervisory agency (excluding the Minister of Education) with all or part of the expenses incurred in establishing, operating, and managing multifunction school facilities.
[This Article Newly Inserted on Mar. 23, 2021]
ADDENDUM <Act No. 17082, Mar. 24, 2020>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 17959, Mar. 23, 2021>
This Act shall enter into force on March 25, 2021.