CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the creation of a safe and comfortable educational environment and improvement of the quality of education by providing for the duties of the State and local governments regarding educational facilities and matters necessary for the comprehensive management and promotion of educational facilities.
The terms used in this Act are defined as follows: <Amended on Dec. 28, 2021>
| 1. | The term "educational facility" means a facility or equipment of any of the following schools, etc.: |
| (e) | Schools at different levels established under other statutes (excluding schools exempt from disclosure requirements due to reasons such as national defense or security, as prescribed by Presidential Decree); |
| (f) | Other education-related facilities prescribed by Presidential Decree. |
| 2. | The term "users of an educational facility" means students, faculty and staff members who use the educational facility, and other people who use such educational facility; |
| 3. | The term "head of an educational facility" means a person or owner who is designated as a manager taking charge of the relevant facility in accordance with applicable statutes and regulations or municipal ordinances and rules for educational facilities; |
| 4. | The term "supervisory agency" means a central administrative agency, a local government, or a provincial office of education that arranges for and supervises educational facilities, as prescribed by Presidential Decree; |
| 5. | The term “safety-related incident in an educational facility” means any accident in which an educational facility is damaged due to a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety or other causes, or any incident in which personal injury or property damage arises due to damage or defects in an educational facility; |
| 6. | The term "safety management" means any activities conducted to protect the life, body and property of people from accidents in educational facilities and to ensure the safety of educational facilities; |
| 7. | The term "maintenance" means any activities for preserving the functions of educational facilities, routinely inspecting and repairing facilities and restoring damaged parts for ensuring efficient educational activities, and improving, repairing and reinforcing facilities required over time; |
| 8. | The term "safety inspection" means an inspection of risk factors inherent in educational facilities by inspecting them with the naked eye or by an inspection device by a person with experience and skill; |
| 9. | The term “full safety examination” means an investigation, measurement and assessment of the structural safety and causes of defects of educational facilities and proposing a method of repairing or reinforcing such defects in order to find physical and functional defects in educational facilities and take prompt and appropriate measures; |
| 10. | The term "preliminary planning" means formulating a preliminary strategy, etc. for the possibility of community linkage, review of ordering methods, composition of spaces according to curriculum operation and teaching and learning methods, establishment of prior strategies for design through user participation, safety and energy efficiency, etc. before designing educational facilities. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall establish comprehensive management standards and support systems for educational facilities, and adopt necessary policies to maintain safe and comfortable educational facilities. |
| (2) | The head of an educational facility shall cooperate with the State and local governments in their efforts to implement policies on safety management and maintenance of educational facilities, and endeavor to prevent safety-related incidents. |
| (3) | The heads of the State, local governments and educational facilities shall endeavor to provide financial assistance necessary to fulfill their duties under paragraphs (1) and (2). |
| Article 4 (Relationship to Other Statutes) |
CHAPTER II MANAGEMENT PLANS AND SAFETY INSPECTIONS FOR EDUCATIONAL FACILITIES
| Article 5 (Formulation of Master Plans for Educational Facilities) |
| (1) | The Minister of Education shall, every five years, formulate and implement a master plan for educational facilities to establish a comprehensive management and support system for educational facilities (hereinafter referred to as "master plan") after deliberation by the Educational Facility Policy Commission under Article 7 and publish such plan. This shall also apply if the master plan is amended. |
| (2) | A master plan shall include the following: <Amended on Dec. 28, 2021> |
| 1. | Matters concerning mid-to long-term educational facility management plans and policy directions; |
| 2. | Matters concerning investigation, research and development plans for educational facilities; |
| 3. | Matters concerning establishment of a management and support system for educational facilities; |
| 4. | Matters concerning asset management plans for educational facilities; |
| 5. | Matters concerning the assessment and inspection of the safety or management status of educational facilities; |
| 6. | Matters concerning improvement plans for safe management of educational facilities, including prevention of disasters, accidents and safety-related incidents in educational facilities, and damage recovery; |
| 7. | Matters concerning measures to secure and provide funds necessary for the safe operations and maintenance of educational facilities; |
| 8. | Matters concerning plans to establish and operate a comprehensive educational facility information network; |
| 9. | Matters concerning the creation of educational facilities and promotion of a culture of safety; |
| 10. | Creation and management of trees and ecological environments in schools specified in subparagraph 1 (b) of Article 2 (hereinafter referred to as "elementary, middle, and high schools"); |
| 11. | Other matters prescribed by Presidential Decree concerning management and support of educational facilities, etc. |
| (3) | When formulating a master plan or amending important matters in the master plan, the Minister of Education shall consult with the heads of the relevant central administrative agencies and the superintendents of education in advance, and request that the heads of the relevant central administrative agencies, the heads of local governments, or the superintendents of education submit necessary materials. In such cases, a person who receives such request shall comply with it unless there is a compelling reason not to do so. |
| (4) | The head of a supervisory agency shall, every year, formulate and implement an implementation plan for safe operations and maintenance of the educational facilities within its jurisdiction (hereinafter referred to as "implementation plan") according to the master plan. |
| (5) | When the head of a supervisory agency formulates or amends an implementation plan under paragraph (4), he or she shall notify the Minister of Education thereof without delay. |
| (6) | Other necessary matters for the timing and procedure of formulating a master plan and an implementation plan, and reporting of the results thereof shall be prescribed by Presidential Decree. |
| Article 6 (Formulation of Action Plans) |
The head of an educational facility shall, every year, formulate and implement an action plan for safe operations and maintenance of the educational facilities within its jurisdiction (hereinafter referred to as "action plan") according to the implementation plan, and the head of a supervisory agency may check and inspect whether such action plan has been implemented.
| Article 7 (Educational Facility Policy Commission) |
| (1) | There shall be established an Educational Facility Policy Commission (hereinafter referred to as the "Policy Commission") under the jurisdiction of the Prime Minister to deliberate on the following matters concerning the comprehensive management and support of educational facilities: |
| 1. | Matters concerning the formulation and implementation of a master plan; |
| 2. | Matters concerning the safety and maintenance standards for educational facilities under Article 10; |
| 3. | Other matters deemed necessary by the Chairperson in relation to the comprehensive management and support of educational facilities. |
| (2) | The Policy Committee shall consist of 20 or fewer members including one Chairperson, which shall be served by the Minister of Education. |
| (3) | Members of the Commission shall be appointed or commissioned by the Minister of Education from among the following persons for a term of two years, which can be renewed: |
| 2. | A person who has professional knowledge and experience in safety management of educational facilities, as prescribed by Presidential Decree; |
| 3. | A vice-ministerial public official of the relevant central administrative agency, as prescribed by Presidential Decree; |
| 4. | Other persons recommended by an educational organization or a specialized institution prescribed by Presidential Decree. |
| (4) | The Policy Commission may create a subcommittee for each field to efficiently deliberate on and respond to matters related to comprehensive management and support of educational facilities. |
| (5) | Other matters necessary for the composition and operation of the Policy Commission and subcommittees, etc. shall be prescribed by Presidential Decree. |
| Article 8 (Development of Minimum Environmental Standards for Educational Facilities) |
| (1) | In order to create the minimum living environment necessary for users of educational facilities, the Minister of Education may adopt minimum environmental standards for educational facilities (hereinafter referred to as "minimum environmental standards"), which shall be published in such a case. This shall also apply if the minimum environmental standards are amended. |
| (2) | When developing the minimum environmental standards, the Minister of Education shall include standards for school construction and equipment, standards for air conditioning and heating by school level, and standards for living space such as rest and play spaces, needed to accommodate the users of educational facilities. |
| (3) | Other necessary matters such as specific details as to the minimum environmental standards and the procedure and methods of providing publication shall be prescribed by Presidential Decree. |
| Article 9 (Evaluation and Inspection of Management Status of Educational Facilities) |
| (1) | The head of a supervisory agency may conduct an evaluation or inspection of the management status of the educational facilities within its jurisdiction. |
| (2) | The head of a supervisory agency may request that the head of the relevant local government or the head of the relevant educational facility submit necessary data or opinions when conducting an evaluation or inspection under paragraph (1). In such cases, a person who receives such request shall comply with it unless there is a compelling reason not to do so. |
| (3) | The head of a supervisory agency may request that the head of the relevant educational facility take necessary measures such as correction or supplementation, according to the results of the evaluation or inspection under paragraph (1), and may take necessary measures such as budget support or awards for the facilities with excellent evaluation or inspection results. |
| (4) | Other necessary details, procedures, measures, etc. related to an evaluation and inspection shall be prescribed by Presidential Decree. |
| Article 10 (Safety and Maintenance Standards for Educational Facilities) |
| (1) | The Minister of Education shall develop standards necessary for the safe operations and maintenance of the following educational facilities (hereinafter referred to as “safety and maintenance standards”) after deliberation by the Policy Commission, and notify the heads of supervisory agencies and the heads of educational facilities thereof: <Amended on Dec. 28, 2021> |
| 1. | Standards for structural safety of educational facilities, such as seismic-resistant design and seismic reinforcement; |
| 2. | Fire safety standards for educational facilities; |
| 3. | Standards necessary for design, construction, and maintenance of educational facilities; |
| 4. | Standards necessary for preventing infection in educational facilities and securing the safety of the environment and materials, etc.; |
| 5. | Other matters prescribed by Presidential Decree regarding the safety and maintenance of educational facilities. |
| (2) | The head of an educational facility shall conform to the safety and maintenance standards and shall ensure that users of the educational facility comply with such standards. |
| (3) | The head of an educational facility shall perform a self-check for compliance with the safety and maintenance standards, and report the results of the check to the head of the relevant supervisory agency. |
| (4) | Users of educational facilities shall actively cooperate with the safety and maintenance efforts of educational facilities performed by the heads of educational facilities in compliance with the safety and maintenance standards. |
| (5) | Other necessary matters such as details of the safety and maintenance standards under paragraph (1) and methods and procedures for self-checks and reporting under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 10-2 (Fact-Finding Investigations on Firefighting Facilities) |
| (2) | Where the Minister of Education conducts a fact-finding investigation under paragraph (1), he or she may request necessary cooperation from the head of the relevant central administrative agency, the head of a local government, or the head of an educational facility. In such cases, any person receiving such request shall comply with it unless there is a compelling reason not to do so. |
| (3) | If necessary as a result of a fact-finding investigation conducted under paragraph (1), the Minister of Education may order the head of the relevant educational facility or the head of the relevant supervisory agency to take measures necessary for strengthening the firefighting facilities or securing access roads for fire engines in the educational facilities, in consultation with the Fire Commissioner of the National Fire Agency. In such cases, a person issued with such order shall take necessary measures after consulting with the head of the competent firefighting headquarters or the head of the competent fire station unless there is a compelling reason not to do so and shall submit the result of the measures to the Minister of Education. |
| (4) | Matters necessary for the subject and timing of, and the methods and procedures, etc. for, fact-finding investigations under paragraph (1) and measures under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 28, 2021]
| Article 11 (Safe Educational Facility Certification) |
| (1) | The head of an educational facility that is larger than the size prescribed by Presidential Decree shall obtain a safe educational facility certification from the Minister of Education. |
| (2) | The Minister of Education shall evaluate an educational facility that is required to obtain a safe educational facility certification under paragraph (1) as prescribed by Presidential Decree, and shall grant the safe educational facility certification if the evaluated educational facility is sufficient to meet the certification requirements. |
| (3) | In either of the following cases, the Minister of Education shall revoke the safe educational facility certification: |
| 1. | If the educational facility obtains the safe educational facility certification by fraud or other improper means; |
| 2. | If the educational facility that has obtained the safe educational facility certification no longer meets the certification requirements. |
| (4) | Other necessary matters such as requirements, renewal, grades, expiration date, procedures and costs of the safe educational facility certification shall be prescribed by Presidential Decree. |
| Article 12 (Guidelines on Safety Inspections) |
| (1) | The Minister of Education shall develop guidelines on safety inspections that include the method, timing and procedures of conducting safety inspections under Article 13 and full safety examinations under Article 14 (hereinafter referred to as "safety inspections, etc.") as prescribed by Presidential Decree, and notify the heads of supervisory agencies and the heads of educational facilities thereof. |
| (2) | When the Minister of Education develops guidelines on safety inspections, etc. under paragraph (1), it shall consult with the heads of supervisory agencies. |
| Article 13 (Conducting of Safety Inspections and Reports on Findings) |
| (1) | The head of an educational facility shall conduct safety inspections at least twice a year in accordance with the guidelines on safety inspections, etc. under Article 12 in order to safely maintain and manage educational facilities. |
| (2) | The head of an educational facility that has conducted a safety inspection shall make a report on the findings of the inspection and submit it to the head of the relevant supervisory agency, and preserve it for the period prescribed by Ordinance of the Ministry of Education. |
| (3) | The head of a supervisory agency shall submit a report on the findings of a safety inspection under paragraph (2) to the Minister of Education. |
| (6) | Other matters necessary for the method, timing, procedure, and submission of the findings of a safety inspection shall be prescribed by Presidential Decree. |
| Article 14 (Conducting of Full Safety Examinations and Reports on Findings) |
| (1) | The head of an educational facility shall entrust a full safety examination to an institution specializing in safety examinations in accordance with the guidelines on safety inspections, etc. under Article 12, if it is deemed necessary for the prevention of safety-related incidents in the educational facility and ensuring the safety of the educational facility based on the findings of a safety inspection conducted under Article 13. |
| (2) | The head of an educational facility that has conducted a full safety examination shall make a report on the findings of the examination and submit it to the head of the relevant supervisory agency, and preserve it for the period prescribed by Ordinance of the Ministry of Education. |
| (3) | The head of a supervisory agency shall submit a report on the findings of a full safety examination under paragraph (2) to the Minister of Education. |
| (5) | Other matters necessary for the method, timing, procedure, and submission of the findings of a full safety examination shall be prescribed by Presidential Decree. |
| Article 15 (Duties of Persons who Conduct Safety Inspections) |
A person who conducts safety inspections, etc. shall faithfully perform his or her duties according to the guidelines on safety inspections, etc. under Article 12.
| Article 16 (Evaluation of Findings of Safety Inspections) |
| (1) | The head of a supervisory agency who receives the findings of a safety inspection, etc. under Articles 13 and 14 may evaluate such findings if necessary to prevent inadequate safety inspections, etc. |
| (2) | The head of a supervisory agency may request that the head of an educational facility, an institution specializing in safety examinations, or a maintenance service provider submit data necessary for the evaluation under paragraph (1), and the person receiving such a request shall comply with it unless there is a compelling reason not to do so. |
| (3) | If the evaluation carried out under paragraph (1) finds that an institution specializing in safety examinations or a maintenance service provider has conducted an inadequate safety inspection, etc. such as making false findings of safety conditions based on negligence or intentional wrongdoing, the head of a supervisory agency may request the Minister of Land, Infrastructure and Transport or the head of the relevant local government to impose the following measures: |
| (4) | The Minister of Land, Infrastructure and Transport or the head of a relevant local government who receives a request under paragraph (3) shall impose measures in accordance with the relevant procedures unless there is a compelling reason not to do so, and shall notify the head of the relevant supervisory agency of the results of such measures. |
| (5) | Other necessary matters, such as the subject, method, and procedure for an evaluation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Measures Based on Findings of Safety Inspections) |
| (1) | The head of an educational facility shall, if necessary, take measures such as repair, reinforcement or reconstruction of defects within certain period of time, as prescribed by Presidential Decree, based on the findings of a safety inspection, etc. and report the results of such measures to the head of the relevant supervisory agency. |
| (2) | The head of an educational facility may take measures such as limitation or prohibition of the use of the educational facility or evacuation of its users and shall immediately report such fact to the head of the relevant supervisory agency, if a safety inspection, etc. finds any serious defect in the educational facility or it is deemed otherwise to require urgency measures because of the significant impact on the safe use of the educational facility. |
| (3) | The head of an educational facility may order imposition of any of the following measures, if a safety inspection, etc. finds any serious defect in the educational facility or it is deemed otherwise to require urgency measures because of the significant impact on the safe use of the educational facility. In such cases, a person receiving such an order shall promptly implement the measures in compliance with the order and report the results to the head of the relevant supervisory agency: |
| 1. | Repair or reinforcement of the defect; |
| 2. | Securing an alternative facility; |
| 3. | Limitation on the use of the educational facility; |
| 4. | Prohibition of use of the educational facility; |
| 5. | Removal of the educational facility. |
| (4) | Other necessary matters such as standards and procedures for measures based on a safety inspection, etc. shall be prescribed by Presidential Decree. |
| Article 18 (Determination of Safety Ratings for Educational Facilities) |
| (2) | If it is deemed necessary to change the safety rating determined by the head of an educational facility under paragraph (1) as a result of evaluating the safety inspection, etc. under Article 16, the head of a supervisory agency may change the safety rating of the relevant educational facility. In such cases, the head of a supervisory agency shall notify the head of the relevant educational facility of the change in the safety rating. |
| Article 19 (Safety Assessment) |
| (1) | The following persons shall conduct an assessment of the impact on the safety of an educational facility and its users (hereinafter referred to as "safety assessment"): |
| 1. | A person who intends to build an educational facility that is equal to or exceeds the size limits prescribed by Presidential Decree (excluding construction, reconstruction, relocation, etc. made in the absence of users of an educational facility); |
| (2) | A person who has conducted a safety assessment shall report the results of the assessment to the heads of the relevant supervisory agency and of the relevant educational facility, and shall take supplementary safety measures and other measures prescribed by Presidential Decree, based on the results of the assessment. |
| (3) | The head of a supervisory agency or the head of an educational facility who has received a report of the assessment results under paragraph (2) may entrust the review of the feasibility of the results of a safety assessment to a specialized institution prescribed by Presidential Decree, if necessary to prevent inadequate safety assessment. |
| (4) | The head of a supervisory agency or the head of an educational facility shall notify the person who has conducted the relevant safety assessment of the results of the feasibility review performed under paragraph (3) and the measures thereby required. In such a case, any person receiving such notification shall comply with it unless there is a compelling reason not to do so. |
| (5) | Other necessary matters such as targets, methods and procedures for a safety assessment shall be prescribed by Presidential Decree. |
| Article 20 (Request for Ensuring Safety) |
| (1) | If it is recognized that any project poses a risk to the safety of users of an educational facility based on the results of a safety assessment under Article 19, the head of a supervisory agency and the head of an educational facility may request the person who has granted authorization or permission for the relevant project, such as the head of the local government, to take action necessary for ensuring safety, etc. |
| (2) | A person who has granted authorization or permission shall, upon receipt of a request under paragraph (1), take necessary action without delay to ensure the safety of users of the educational facility, and shall notify the heads of the relevant supervisory agency and of the relevant educational facility of the result of such action. |
| Article 21 (Corrective Order) |
The head of a supervisory agency may order any of the following persons to take corrective action within a specified period: <Amended on Dec. 28, 2021>
| 1. | The head of an educational facility who fails to conform to the safety and maintenance standards in violation of Article 10 (2); |
| 1-2. | The head of an educational facility that has failed to comply with an order of the Minister of Education in violation of Article 10-2 (3); |
| 2. | The head of an educational facility who fails to conduct a safety inspection or full safety examination in violation of Article 13 (1) or 14 (1); |
| 3. | The head of an educational facility who fails to comply with the order of the head of the supervisory agency in violation of Article 17 (3). |
CHAPTER III INFORMATION MANAGEMENT OF EDUCATIONAL FACILITIES AND INVESTIGATION
| Article 22 (Compilation and Management of Statistics) |
| (1) | The Minister of Education shall annually compile and manage statistics relating to the safety and maintenance of educational facilities necessary for the efficient development of policies on educational facilities. |
| (2) | The Minister of Education may request that the heads of relevant public institutions or organizations relating to educational facilities provide necessary data and information for the compilation and management of statistics under paragraph (1). |
| (3) | The Minister of Education may designate any specialized institution to carry out all or part of the affairs relating to the compilation and management of statistics under paragraph (1), as prescribed by Presidential Decree. |
| (4) | The Statistics Act shall apply mutatis mutandis to the compilation and management of statistics under paragraph (1), except as provided in this Act. |
| Article 23 (Establishment, Operation, and Disclosure of Integrated Educational Facility Information System) |
| (1) | The Minister of Education shall establish and operate an integrated educational facility information system that includes the following information (hereinafter referred to as "integrated information system") for systematically managing information on the safety and maintenance of educational facilities: |
| 1. | Master plans, implementation plans, and action plans; |
| 2. | Current status and operational information of educational facilities; |
| 3. | Records of safety certification, safety inspections, and full safety examinations relating to educational facilities; |
| 4. | Information as to maintenance and reinforcement of educational facilities; |
| 5. | Current status of safety personnel of educational facilities; |
| 6. | Current status of safety-related incidents in educational facilities; |
| 7. | Information as to targets and completion status of safety management training; |
| 8. | Other information prescribed by Presidential Decree as related to educational facilities. |
| (2) | Access to data in the integrated information system shall be available to anyone in principle. |
| (3) | In order to operate the integrated information system, the Minister of Education may request that the heads of relevant central administrative agencies, the heads of local governments, the superintendents of education, or the heads of educational facilities submit data necessary for the establishment of the integrated information system. In such cases, any person receiving such a request shall comply with it unless there is a compelling reason not to do so. |
| (4) | Other matters necessary for the establishment and operation of the integrated information system shall be prescribed by Presidential Decree. |
| Article 24 (Reporting and Investigation of Safety-Related Incidents in Educational Facilities) |
| (1) | When a safety-related incident in an educational facility occurs or a serious defect is found in an educational facility, the head of the educational facility shall report to the head of the supervisory agency thereon, and the head of the supervisory agency receiving the report shall inform the Minister of Education thereof. |
| (2) | If deemed necessary to prevent recurrence of safety-related incidents in an educational facility and to take proactive actions, the head of a supervisory agency may conduct an investigation on the causes and circumstances of a safety-related incident in an educational facility. |
| (3) | The head of a supervisory agency may request necessary data from the head of a relevant central administrative agency, the head of a local government, or the head of an educational facility, in order to efficiently conduct an investigation under paragraph (2). In such cases, any person receiving such a request shall comply with it unless there is a compelling reason not to do so. |
| (4) | Other necessary matters such as the content, scope and procedure of reporting and investigation of safety-related incidents in educational facilities shall be prescribed by Presidential Decree. |
CHAPTER IV CREATION OF EDUCATIONAL FACILITIES AND PROMOTION OF CULTURE OF SAFETY
| Article 25 (Basic Direction-Setting for Creating Educational Facilities) |
Educational facilities shall be created by reflecting the following: <Amended on Dec. 28, 2021>
| 1. | They shall help holistic growth and development of students, including development of their emotions, creativity and personality; |
| 2. | There shall be no obstacles to the operation of the school curriculum as well as teaching and learning activities; |
| 3. | The indoor and outdoor educational environment of schools defined in subparagraph 1 (a) and (b) of Article 2 shall be created to properly maintain and administer environmental and food sanitation under Article 4 (1) of the School Health Act. |
| 4. | The educational environment of elementary, middle, and high schools shall be created to properly maintain and manage trees and ecological environments, for the improvement of the environment of the local community and the environmental education of students. |
| Article 26 (Design of Educational Facilities) |
| (1) | The Minister of Education and the superintendents of education shall endeavor to discover and promote competent experts for raising design quality in educational facilities. |
| (2) | Educational facilities shall preferentially apply design techniques necessary for student safety and health, such as spatial structure to enhance creativity; crime prevention; infection prevention; barrier-free, ecological, eco-friendly, and green design; traffic calming; and clean ventilation. <Amended on Dec. 28, 2021> |
| (3) | In the process of planning and designing an educational facility, the participation of its users, including students, faculty and staff members, parents, and local residents, shall be given priority. Detailed specifics for procedures and methods of the user participation shall be determined by the Ordinance of the Ministry of Education. |
| Article 26-2 (Preliminary Planning) |
| (1) | Where a supervisory agency of elementary, middle, and high schools intends to conduct educational facility programs prescribed by Presidential Decree, it shall perform preliminary planning tasks including the following before designing educational facilities: |
| 1. | Matters concerning the operation of the curriculum, the composition of spaces according to teaching and learning methods, and the connection between educational facilities and the local community; |
| 2. | Matters concerning the promotion of projects, such as the size, details, and project costs; |
| 3. | Design planning through user participation and safety issues; |
| 4. | Matters concerning the ordering methods; |
| 5. | Measures to improve sustainability, such as energy efficiency; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Education to enhance education and public value. |
| (3) | The head of a supervisory agency of elementary, middle and high schools may request any of the following persons to perform preliminary planning tasks under paragraph (1): |
| 2. | Specialized institutions designated by the Minister of Education as prescribed by Presidential Decree; |
| 3. | Experts with extensive knowledge of and experience in the field of educational facilities who are prescribed by Presidential Decree. |
| (4) | Other detailed matters necessary for preliminary planning shall be determined and publicly notified by the Minister of Education. |
[This Article Newly Inserted on Dec. 28, 2021]
| Article 26-3 (Reviewing Adequacy of Preliminary Planning Results) |
| (1) | The head of a supervisory agency of elementary, middle, and high schools shall request a person specified in Article 26-2 (3) 1 or 2 to review the adequacy of preliminary planning results in order to prevent preliminary planning tasks under Article 26-2 from being poorly performed: Provided, That where a person specified in Article 26-2 (3) 1 or 2 performs preliminary planning tasks under that Article, he or she shall be deemed to have reviewed the adequacy of preliminary planning results. |
| (3) | Other matters necessary for specific procedures, details, methods, etc. related to the review of the adequacy of preliminary planning results shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 28, 2021]
| Article 27 (Promotion of Culture of Safety in Educational Facilities) |
The Minister of Education shall undertake the following projects for raising safety awareness of users of educational facilities and promote a culture of safety to create a safe educational environment:
| 1. | Education and publicity programs for users of educational facilities to raise safety awareness; |
| 2. | Identifying and rewarding educational facilities that achieve safety excellence; |
| 3. | Investigation, analysis, and research and development on safety management of educational facilities. |
| Article 28 (Education Programs for Training Professional Human Resources) |
| (1) | The Minister of Education may provide education programs for improving professional knowledge and technical capabilities relating to the safety and maintenance of educational facilities and for training professional human resources. |
| (2) | Necessary matters such as the content of education programs under paragraph (1) shall be determined by Presidential Decree. |
CHAPTER V SUPPORT FOR MANAGEMENT OF EDUCATIONAL FACILITIES
| Article 29 (Support for Institutions and Organizations Related to Safety of Educational Facilities) |
The State and local governments may allocate moneys required by institutions and organizations that carry out projects to recover damages caused by safety-related incidents in educational facilities or prevent any such incidents.
| Article 30 (Establishment of the Educational Facilities Improvement Fund) |
| (1) | A superintendent of education shall establish an educational facilities improvement fund (hereinafter referred to as the "Fund") for improving the environment of the educational facilities within his or her jurisdiction. |
| (2) | The Fund shall be financed as follows: |
| 2. | Transfers from other funds; |
| 3. | Donations from corporations, entities, or individuals; |
| 4. | Profits from the Fund management; |
| 5. | Other income determined by ordinance of a City/Do. |
| (3) | A superintendent of education shall appropriate a certain amount for the expenditure budget with contributions specified in paragraph (2) 1 every fiscal year. |
| (4) | Matters necessary for the establishment and operation of the Fund shall be determined by ordinance. |
| Article 31 (Use of the Fund) |
The Fund shall be used for the following projects:
| 1. | Projects for safety inspection, maintenance or expansion of educational facilities; |
| 2. | Projects to improve the educational environment other than those provided in subparagraph 1; |
| 4. | Projects that are jointly promoted with the State, a local government, or a public institution to reconstruct educational facilities for students; |
| 5. | Expenditures necessary for the creation, operation and management of the Fund; |
| 6. | Other projects prescribed by ordinance for the safety inspection and maintenance of educational facilities. |
| Article 32 (Deposits to the Fund) |
Managers of other funds may deposit all or part of such funds into the Fund to be used for any of the following projects:
| 2. | Projects entrusted by the Minister of Education. |
| Article 33 (Designation of Specialized Institutions) |
| (1) | For the efficient handling of business matters, the Minister of Education may designate an institution or organization in the field of educational facilities as a specialized institution to perform the following functions: |
| 1. | Functions relating to the grant of safe educational facility certification under Article 11; |
| 2. | Functions relating to the compilation and management of statistics under Article 22 (1); |
| 3. | Functions relating to the promotion of a culture of safety in educational facilities under Article 27; |
| 4. | Functions relating to the training of professional human resources under Article 28; |
| 5. | Other functions prescribed by Presidential Decree. |
| (2) | If a specialized institution designated under paragraph (1) (hereinafter referred to as "designated specialized institution") falls under any of the following cases, the Minister of Education may revoke its designation: Provided, That in the case of subparagraph 1, the Minister shall revoke its registration: |
| 1. | If it obtains designation by fraud or other improper means; |
| 2. | If it fails to meet the designation standards mentioned in paragraph (4); |
| 3. | If it violates other matters prescribed by Presidential Decree. |
| (3) | The Minister of Education may provide all or part of the money necessary to pay the expenses incurred by the designated specialized institutions to perform their functions listed in paragraph (1). |
| (4) | The standards and procedures for designation of specialized institutions under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 34 (Implementation of Mutual Aid Programs for Educational Facilities) |
| (1) | The Minister of Education shall create a mutual aid program for restoration of safety-related incidents in educational facilities (hereinafter referred to as “mutual aid program for educational facilities”) to ensure prompt and efficient recovery of the safety-related incidents in educational facilities and compensation for damage caused by such incidents. |
| (2) | The Minister of Education shall implement programs to provide support necessary for counseling, psychotherapy, etc. for the psychological stability and social adaptation of students, teachers, staff members, and their families who have suffered mental damage directly or indirectly due to safety-related accidents at educational facilities. <Newly Inserted on Dec. 28, 2021> |
| (3) | Matters necessary for the scope of compensation and support under paragraphs (1) and (2) and persons provided therewith, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 28, 2021> |
| (4) | The Insurance Business Act shall not apply to mutual aid programs for educational facilities. <Amended on Dec. 28, 2021> |
[Title Amended on Dec. 28, 2021]
CHAPTER VI KOREA INSTITUTE OF EDUCATIONAL FACILITY SAFETY
| Article 35 (Establishment of Korea Institute of Educational Facility Safety) |
| (1) | The Minister of Education shall establish a Korea Institute of Educational Facility Safety (hereinafter referred to as the "Safety Institute") to perform the functions relating to the safety and maintenance of educational facilities and mutual aid programs for educational facilities. |
| (2) | The Safety Institute shall be a corporation. |
| (3) | The Safety Institute shall be established by registering its establishment at the location of its main office. |
| Article 36 (Functions of the Safety Institute) |
| (1) | The Safety Institute shall perform the following programs: <Amended on Dec. 28, 2021> |
| 1. | Mutual aid programs for educational facilities; |
| 2. | Safety inspection and full safety examination of educational facilities; |
| 3. | Safety assessment and review of the results; |
| 4. | Functions as to safe educational facility certification; |
| 5. | Prevention of disasters and accidents in educational facilities, and damage recovery; |
| 5-2. | Programs to provide support necessary for counseling, psychotherapy, etc. for psychological stability and social adaptation following safety-related accidents at educational facilities; |
| 6. | Prevention of safety-related incidents in educational facilities; |
| 7. | Establishment, operation and management of the integrated information system; |
| 8. | Functions as to seismic-resistant design, seismic-resistant performance evaluation, and seismic reinforcement of educational facilities; |
| 9. | Safe operations and maintenance of experimental and laboratory training facilities; |
| 10. | Creation of a foundation for the safe operations and maintenance of educational facilities; |
| 11. | Dissemination of a culture of safety in educational facilities; |
| 12. | Functions as to evaluation and inspection of the management status of educational facilities; |
| 13. | Education, training and promotion on safety and maintenance of educational facilities; |
| 14. | Investigation and research on safety and maintenance of educational facilities and mutual aid programs for educational facilities, and development and distribution of related technology; |
| 15. | Projects entrusted by the State and local governments in relation to the safety and maintenance of educational facilities; |
| 16. | Other projects prescribed by the articles of incorporation as necessary to achieve the purpose of establishment specified in Article 35 (1). |
| (2) | The Safety Institute may engage in a profit-making business within the scope determined by the articles of incorporation to achieve its purpose. |
| Article 37 (Funding of the Safety Institute) |
The funds necessary to operate and carry out the functions of the Safety Institute shall be financed as follows:
| 2. | Income through projects carried out under Article 36; |
| 3. | Profit from the management of funds; |
| Article 38 (Articles of Incorporation) |
| (1) | The articles of incorporation of the Safety Institute shall include the following information: |
| 3. | Location of the head office; |
| 4. | Matters concerning members, executive officers and employees; |
| 5. | Matters concerning the functions; |
| 6. | Matters concerning general meetings; |
| 7. | Matters concerning the board of directors; |
| 8. | Matters concerning the organization; |
| 9. | Matters concerning assets and accounting; |
| 10. | Matters concerning amendment to the articles of incorporation; |
| 11. | Other matters necessary for the operation of the Safety Institute. |
| (2) | Amendments of the articles of incorporation shall be authorized by the Minister of Education after a resolution of the board of directors and a general meeting. |
| Article 39 (General Meetings) |
| (1) | The Safety Institute shall have a general meeting composed of members determined by the articles of incorporation, including the president. |
| (2) | A general meeting shall decide on the following matters: |
| 1. | Amendments to the articles of incorporation; |
| 2. | Appointment and dismissal of the president and the auditor; |
| 3. | Budgeting and accounting; |
| 5. | Other matters determined by the articles of incorporation. |
| (3) | The president shall convene a general meeting as determined by the articles of incorporation and serves as its chairperson. |
| (4) | Other matters necessary for the operation of a general meeting shall be determined by the articles of incorporation. |
| Article 40 (Executive Officers) |
| (1) | The Safety Institute shall have no less than nine directors including the president, but no more than 11 directors and one auditor, as determined by the articles of incorporation. |
| (2) | Directors who are not the president under paragraph (1) shall be appointed by the Minister of Education upon recommendation of the board of directors; and the president and the auditor shall be appointed by the Minister of Education upon recommendation of the executive recommendation committee and the resolution of the board of directors and the general meeting. |
| (3) | The president shall hold office for a term of three years, and the auditor shall hold office for a term of two years: Provided, That the term of office of a director other than the president shall be determined by the articles of incorporation. |
| (6) | The Minister of Education may dismiss an executive officer of the Safety Institute after a resolution of the board of directors and the general meeting when the officer falls under any of the following cases: |
| 1. | When it is acknowledged that it is impossible for him or her to perform the duties of his or her position due to a physical or mental disability; |
| 2. | When there is a significant impediment to the performance of his or her duties, such as violating statutes or regulations or the articles of incorporation in relation to the functions of the Safety Institute, or neglecting his or her duties. |
| (7) | Matters necessary for the composition and operation of the executive recommendation committee under paragraph (2) shall be determined by the articles of incorporation. |
| Article 41 (Board of Directors) |
| (1) | The board of directors shall be composed of directors including the president. |
| (2) | The board of directors shall decide on the following matters: |
| 1. | Enactment, amendment or abolition of the articles of incorporation; |
| 2. | Enactment, amendment or abolition of bylaws of the Safety Institution; |
| 4. | Appointment and dismissal of executive officers; |
| 5. | Budgeting and accounting; |
| 6. | Proposals to the general meeting; |
| 7. | Other matters determined by the articles of incorporation. |
| (3) | The president shall convene the board of directors as determined by the articles of incorporation and serves as its chairperson. |
| (4) | The auditor may attend meetings of the board of directors and state his or her opinions. |
| (5) | Other specific matters necessary for the composition and operation of the board of directors shall be determined by the articles of incorporation. |
| Article 42 (Budgets and Settlement of Accounts) |
| (1) | The fiscal year for the Safety Institute shall commence on January 1 and end on December 31 of each year. |
| (2) | The Safety Institute shall make a budget plan for the subsequent fiscal year that includes the total projected expenses and income and submit it to the Minister of Education after a resolution of the board of directors and the general meeting no later than one month prior to the commencement of the next fiscal year. |
| (3) | The Safety Institute shall prepare a statement of accounts within three months after the end of each fiscal year and submit it to the Minister of Education after a resolution of the board of directors and the general meeting. |
| Article 43 (Accumulation of Reserves) |
The Safety Institute may appropriate funds in each year to a reserve for future projects and accumulate such reserve when it settles its accounts, as determined by the articles of incorporation.
| Article 44 (Handling of Net Income) |
| (1) | The Safety Institute shall accumulate any net income generated in settlement of accounts for each fiscal year. |
| (2) | The reserves accumulated under paragraph (1) shall not be used except for the following cases: |
| Article 45 (Direction and Supervision) |
| (1) | If necessary to direct and supervise the Safety Institute, the Minister of Education may require the Safety Institute to file a report on its business, accounting and property or have public officials of the Ministry inspect such matters. |
| (2) | If any violation or unfairness is found as a result of the inspection under paragraph (1), the Minister of Education may issue a correction order to the Safety Institute. |
| Article 46 (Application Mutatis Mutandis) |
For matters not provided in this Act regarding the Safety Institute, the provisions on aggregate corporations in the Civil Act shall apply mutatis mutandis.
| Article 47 (Prohibition on Use of Similar Names) |
No person other than the Safety Institute established under this Act may use the words “Korea Institute of Educational Facility Safety” or any similar designation in its name or title.
| Article 48 (Dispatching Public Officials) |
The Minister of Education may dispatch a public official of the Ministry to the Safety Institute, if the president of the Safety Institute requests that it is specially required to perform the functions entrusted under Article 49 (2).
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 49 (Delegation and Entrustment of Authority and Functions) |
| (1) | The Minister of Education may delegate part of the authority vested in him or her under this Act to the superintendents of education, as prescribed by Presidential Decree. |
| (2) | The Minister of Education may entrust part of the functions granted to him or her under this Act to a designated specialized institution or the Safety Institute, as prescribed by Presidential Decree. |
| (3) | The head of a supervisory agency may entrust part of the functions granted to him or her under this Act to a designated specialized institution or the Safety Institute, as prescribed by Presidential Decree. |
| Article 50 (Confidentiality) |
A person currently or formerly involved in any of the following cases shall not divulge any secrets learned in the course of duty, nor use it for purposes other than his or her duties:
| 1. | A person engaged in the business of safety inspection, etc.; |
| 2. | A person engaged in the business of construction or operation of the integrated information system; |
| 3. | An executive officer or employee of the Safety Institute. |
| Article 51 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
The executive officers and employees of an institution, organization, or corporation engaged in the performance of their functions entrusted under Articles 13 (4) and 14 (1) shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
CHAPTER VIII PENALTY PROVISIONS
| Article 52 (Penalty Provisions) |
| (1) | 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 Dec. 28, 2021> |
| 1. | A person who causes danger to the general public due to a serious defect in a firefighting system or failure to secure access roads for fire engines by failing to comply with an order issued under Article 10-2 (3); |
| 2. | A person who causes serious damage to an educational facility and poses a public risk by failing to conduct a safety inspection or full safety examination or by conducing such inspection or examination inadequately in violation of Article 13, 14 or 15; |
| 3. | A person who poses a risk to the public by failing to comply with an order issued under Article 17 (3). |
| (2) | A person who kills or injures a natural person by committing a crime provided in any of the subparagraphs of paragraph (1) shall be punished by imprisonment with labor for not more than five years. |
| (3) | A person who divulges any secrets learned in the course of duty, or uses it for purposes other than his or her duties in violation of Article 50 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| Article 53 (Joint Penalty Provisions) |
If the representative of a corporation or organization, or an agent or employee of, or any other person employed by, the corporation or organization or an individual commits any violations described in Article 52 in performing the functions of the corporation, organization or individual, the corporation, organization or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply if such corporation, organization or individual has not been negligent in giving due attention to and supervision over the relevant functions to prevent such violations.
| Article 54 (Administrative Fines) |
| (1) | A person who fails to comply with the correction order issued by the head of a supervisory agency in violation of Article 21 shall be subject to an administrative fine of not more than 20 million won. |
| (2) | Any of the following persons shall be subject to an administrative fine of not more than 10 million won: |
| 1. | A person who refuses, obstructs, or evades an evaluation or inspection of the management status of an educational facility under Article 9 without a compelling reason; |
| 2. | A person who fails to conduct a safety assessment in violation of Article 19 (1); |
| 3. | A person who refuses, obstructs, or evades a safety-related incident in an educational facility under Article 24 (2) without a compelling reason. |
| (3) | Any of the following persons shall be subject to an administrative fine of not more than five million won: |
| 1. | A person who fails to submit a report on the findings to the head of a supervisory agency in violation of Article 13 (2) or 14 (2); |
| 2. | A person who fails to submit data without a compelling reason in violation of Article 16 (2). |
| 3. | A person who fails to report the assessment results or falsely reports such results in violation of Article 19 (2); |
| 4. | A person who fails to report a safety-related incident in an educational facility or reports such incident falsely in violation of Article 24 (1); |
| 5. | A person who uses the words “Korea Institute of Educational Facility Safety” or any similar designation in violation of Article 47. |
| (4) | The administrative fines under paragraphs (1) through (3) shall be imposed and collected by the head of a supervisory agency, as prescribed by Presidential Decree. |
ADDENDA <Act No. 16678, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Safety and Maintenance Standards for Educational Facilities)
An educational facility that has conformed to the standards for safety management of school facilities under Article 7 of the previous Act on the Prevention of and Compensation for Accidents at School as at the time this Act enters into force, shall be governed by the previous provisions: Provided, That the provisions of this Act shall apply in the case of building (which includes extending and reconstructing) a new educational facility. Article 3 (Transitional Measures concerning Safety Inspection and Full Safety Examination)
If a safety inspection or full safety examination under Article 6 of the previous Act on the Prevention of and Compensation for Accidents at School has been conducted as at the time this Act enters into force, a safety inspection or full safety examination under this Act is deemed conducted: Provided, That a safety inspection or full safety examination under this Act shall be carried out within one year from the date this Act enters into force. Article 4 (Transitional Measures concerning Safe Educational Facility Certification)
The head of an educational facility required to obtain a safe educational facility certification under Article 11 as at the time this Act enters into force, shall obtain the certification within five years from the date this Act enters into force in accordance with the same provisions. Article 5 (Transitional Measures concerning the Education Facility Disaster Association)
| (1) | The Educational Facility Disaster Association established under the Civil Act as at the time this Act enters into force (hereinafter referred to as the “Educational Facility Disaster Association”) shall be deemed to be the Korea Institute of Educational Facility Safety established under this Act. |
| (2) | The register of the Educational Facility Disaster Association as at the time this Act enters into force, shall be deemed the register of the Korea Institute of Educational Facility Safety established under this Act. |
| (3) | The articles of incorporation of the Educational Facility Disaster Association as at the time this Act enters into force, shall be deemed the articles of incorporation under Article 38: Provided, That the president of the Educational Facility Disaster Association shall prepare the articles of incorporation in accordance with Article 38 within three months from the date this Act enters into force and obtain authorization from the Minister of Education after a resolution of the board of directors and the general meeting. |
| (4) | The Korea Institute of Educational Facility Safety established under this Act shall assume the members, officers and employees, assets, and rights and obligations of the Educational Facility Disaster Association as its universal successor, with permission from the Minister of Education after a resolution of the board of directors and the general meeting of the Educational Facility Disaster Association as at the time this Act enters into force. |
Article 6 (Transitional Measures concerning Qualifications Membership Qualifications)
The members of the Educational Facility Disaster Association as at the time this Act enters into force, shall be deemed members of the Korea Institute of Educational Facility Safety established under this Act.
Article 7 (Transitional Measures concerning Board of Directors and General Meeting)
| (1) | The board of directors and the general meeting of the Educational Facility Disaster Association as at the time this Act enters into force, shall be deemed the board of directors and the general meeting of the Korea Institute of Educational Facility Safety established under this Act. |
| (2) | The term of office of a director (except for the president) of the Educational Facility Disaster Association as at the time this Act enters into force, shall be the remaining term of his or her office under the articles of incorporation of the Educational Facility Disaster Association as at the time this Act enters into force. |
Article 8 (Transitional Measures concerning Status of Executive Officers and Employees)
| (1) | The president, full-time auditor and employees of the Educational Facility Disaster Association as at the time this Act enters into force shall be deemed appointed under this Act. |
| (2) | The president mentioned in paragraph (1) shall be deemed the president of the Korea Institute of Educational Facility Safety. |
| (3) | Notwithstanding Article 40, the president and the full-time auditor mentioned in paragraph (1) shall hold office until their respective terms expire under the articles of incorporation of the Educational Facility Disaster Association as at the time this Act enters into force. |
Article 9 Omitted.
ADDENDA <Act No. 18635, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Formulation of Master Plans)
The amended provisions of Article 5 (2) shall begin to apply to the formulation of a master plan on or after the date this Act enters into force. Article 3 (Applicability to Preliminary Planning)
The amended provisions of Articles 26-2 and 26-3 shall begin to apply to educational facility programs for which the public notice of a tender is made or a negotiated contract is concluded to request for preliminary planning on or after the date this Act enters into force. Article 4 (Applicability to Mutual Aid Programs for Educational Facilities)
The amended provisions of Article 34 (2) and (3) shall begin to apply to cases where mental damage has been suffered directly or indirectly due to safety-related accidents at educational facilities that occur on or after the date this Act enters into force.