ENFORCEMENT DECREE OF THE PRIVATE SCHOOL ACT
Wholly Amended by Presidential Decree No. 4396, Dec. 4, 1969
Amended by Presidential Decree No. 7952, Jan. 16, 1976
Presidential Decree No. 8276, Nov. 8, 1976
Presidential Decree No. 9347, Feb. 24, 1979
Presidential Decree No. 10319, May 21, 1981
Presidential Decree No. 11304, Dec. 30, 1983
Presidential Decree No. 11945, Jul. 9, 1986
Presidential Decree No. 12781, Aug. 18, 1989
Presidential Decree No. 13057, Jul. 19, 1990
Presidential Decree No. 13282, Feb. 1, 1991
Presidential Decree No. 13389, jun. 19, 1991
Presidential Decree No. 13855, Feb. 23, 1993
Presidential Decree No. 15455, Aug. 9, 1997
Presidential Decree No. 15575, Dec. 31, 1997
Presidential Decree No. 15922, Nov. 3, 1998
Presidential Decree No. 17085, Dec. 30, 2000
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 17556, Mar. 30, 2002
Presidential Decree No. 17854, Dec. 30, 2002
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18360, Apr. 6, 2004
Presidential Decree No. 18690, Jan. 29, 2005
Presidential Decree No. 19507, jun. 12, 2006
Presidential Decree No. 19546, jun. 23, 2006
Presidential Decree No. 20362, Nov. 5, 2007
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 20798, jun. 5, 2008
Presidential Decree No. 21215, Dec. 31, 2008
Presidential Decree No. 21274, Jan. 28, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22971, jun. 9, 2011
Presidential Decree No. 23928, Jul. 4, 2012
Presidential Decree No. 23936, Jul. 5, 2012
Presidential Decree No. 23974, Jul. 24, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 24665, Jul. 22, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25407, jun. 30, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27129, May 10, 2016
Presidential Decree No. 27416, Aug. 2, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28697, Mar. 13, 2018
Presidential Decree No. 28903, May 28, 2018
Presidential Decree No. 28946, jun. 5, 2018
Presidential Decree No. 28997, jun. 26, 2018
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 29623, Mar. 19, 2019
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 30108, Oct. 8, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30514, Mar. 10, 2020
Presidential Decree No. 31049, Sep. 25, 2020
Presidential Decree No. 31176, Nov. 24, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31787, jun. 22, 2021
Presidential Decree No. 32352, Jan. 21, 2022
Presidential Decree No. 32410, Feb. 11, 2022
Presidential Decree No. 32546, Mar. 22, 2022
| Article 1 (Cooperation between Competent Agency for Foundations and Competent Agency for Schools) |
Where a school foundation or private school manager specified in Article 4 (1) 2 of the Private School Act (hereinafter referred to as the "Act") or a school foundation specified in Article 4 (3) 3 of the Act applies for permission, authorization, etc. from the competent agency for matters relating to a private school which such foundation or manager establishes and operates, he, she, or it shall pass through the competent agency for private schools related to the matters, as prescribed by the Minister of Education. <Amended on Jul. 19, 1990; Feb. 1, 1991; Aug. 9, 1997; Jan. 29, 2001; Jun. 23, 2006; Feb. 29, 2008; Mar. 23, 2013>
| Article 2 Deleted. <Mar. 30, 2002> |
| Article 3 (Method of Publicly Announcing Profit-Making Businesses) |
Where a school foundation intends to publicly announce matters relating to a profit-making business pursuant to Article 6 (3) of the Act, it shall do so in a daily newspaper with nationwide circulation or on websites. <Amended on Nov. 24, 2020> [This Article Wholly Amended on Jun. 23, 2006]
| Article 3-2 (Documents for Reports on Property Transfer) |
| (1) | A school foundation shall file a report with the competent agency on the results of property contribution including the following documents, within three months from the date it is registered pursuant to Article 8-2 of the Act: <Amended on Dec. 31, 2008> |
| 2. | A certificate of contribution; |
| 3. | A certificate of the registered seal; |
| 4. | A certificate issued by the relevant financial institution. |
| (2) | Upon receipt of documents under paragraph (1), the competent agency shall verify a certified copy of the relevant school foundation register by sharing the administrative information under Article 36 (1) of the Electronic Government Act. <Amended on Dec. 31, 2008; May 4, 2010> |
[This Article Newly Inserted on Jun. 23, 2006]
| Article 4 (Application for Permission for Establishment of School Foundation) |
| (1) | An application for permission for the establishment of a school foundation referred to in Article 10 (1) of the Act shall be accompanied by the following documents: <Amended on Mar. 17, 2004; Jun. 12, 2006; Jun. 23, 2006; Dec. 31, 2008; Mar. 10, 2020; Sep. 25, 2020> |
| 1. | A statement of the purport of its establishment; |
| 2. | The articles of association; |
| 4. | A certificate of property contribution; |
| 6. | A certificate of property ownership (other than a certified copy of the relevant building register or a certified copy of the relevant land register); |
| 7. | A report on appraisal of property; |
| 8. | A report on profits from property; |
| 9. | A resume of each executive officer; |
| 10. | A statement of identify of each executive officer; |
| 11. | A written consent for each executive officer's taking office; |
| 12. | A certificate of the family relation register of each executive officer; |
| 14. | Where the school foundation engages in any profit-making business, a business plan for the three years after its establishment (including a budget bill). |
| (2) | The list of property specified in paragraph (1) 3 shall be prepared separately for fundamental property and general property, and fundamental property shall be classified into fundamental property for educational purposes and fundamental property for profit. <Amended on Jan. 16, 1976> |
| (3) | The report on appraisal of property specified in paragraph (1) 7 shall be accompanied by an appraisal report prepared by an appraisal corporation, etc. under the Act on Appraisal and Certified Appraisers (hereinafter referred to as "appraisal report"). <Amended on Nov. 8, 1976; Aug. 18, 1989; Jul. 19, 1990; Jun. 23, 2006; Aug. 31, 2016; Jan. 21, 2022> |
| (4) | The report on profits from property specified in paragraph (1) 8 shall be accompanied by either a certificate of profits issued by a certified appraisal institution or an evidentiary document issued by an institution eligible to verify profits. <Amended on Jul. 19, 1990> |
| (5) | Upon receipt of an application for permission for establishment submitted pursuant to paragraph (1), the Minister of Education shall verify a certified copy of the relevant building register and that of the relevant land register which verify property ownership by sharing the administrative information under Article 36 (1) of the Electronic Government Act. <Amended on Dec. 31, 2008; May 4, 2010; Mar. 23, 2013> |
| Article 4-2 (Base Amount of Contributed or Donated Property) |
[This Article Newly Inserted on Jun. 23, 2006]
| Article 5 (Classification of Property) |
| (1) | Fundamental property shall be any of the following, among property of a school foundation: |
| 2. | Property specified as fundamental property by the articles of association; |
| 3. | Property incorporated as fundamental property by a resolution of the board of directors; |
| 4. | Accumulated funds out of net budget surplus for each year, in the accounts belonging to the school foundation. |
| (2) | General property shall be any property other than that which is specified in any subparagraph of paragraph (1) among the assets of the relevant school foundation. <Amended on Jan. 16, 1976> |
| Article 6 (Procedures for Supplementing Articles of Association) |
| (1) | Where the Minister of Education intends to supplement the articles of association pursuant to Article 11 of the Act, he or she shall publicly announce such intention. <Amended on Feb. 1, 1991; Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The public announcement referred to in paragraph (1) shall be published at least three times in daily newspapers distributed nationwide or on the website of schools operated by a school foundation. <Amended on Jan. 16, 1976; Feb. 11, 2022> |
| (3) | The public announcement referred to in paragraph (1) shall specify that any person dissatisfied with the supplement to the relevant articles of association must file an objection within two months from the date such public announcement is made. |
| Article 7 (Registration of Matters subject to Permission from Administrative Agencies) |
Where any matters subject to permission, authorization, etc. from administrative agencies are registered, a certified copy of the relevant permit, written authorization, etc. shall be attached to the relevant application for registration.
| Article 7-2 (Recommendation and Appointment of Open-Type Directors) |
| (1) | Where a school foundation intends to appoint an open-type director pursuant to Article 14 (3) of the Act, the chief director shall request the open-type director recommendation committee referred to in Article 14 (4) of the Act (hereinafter referred to as the "recommendation committee") to recommend an open-type director within 15 days (in cases of an incumbent director; three months before the expiration of the term of office) from the date a cause arises to appoint such director. |
| (2) | Where the recommendation committee recommends an open-type director upon request under paragraph (1), it shall recommend a person capable of realizing the founding principles of the relevant school. |
| (3) | Where the chief director fails to request recommendation of an open-type director within the period specified in paragraph (1), the recommendation committee may recommend such director pursuant to Article 14 (3) of the Act within 30 days from the date it becomes aware of the failure to make such request. |
| (4) | In cases of a school foundation that establishes and operates at least two schools, the relevant university deliberation committee or school operating committee may jointly organize a recommendation committee through consultations. |
| (5) | The qualifications for open-type directors shall be prescribed by the articles of association in consideration of the qualifications for general directors: <Amended on Sep. 25, 2020> |
| 1. | A founder of the relevant school foundation; |
| 2. | A person who has a relationship of relatives prescribed in Article 777 of the Civil Act with the founder of the relevant school foundation; |
| 3. | A person who was an executive officer (excluding an open-type director) of the relevant school foundation; |
| 4. | A person who was the head of a school established and managed by the relevant school foundation. |
| (6) | "School foundation that establishes and operates a university or graduate school founded to train only religious leaders" in the proviso of Article 14 (4) of the Act means a school foundation whose articles of incorporation expressly specify the purpose of its establishment and the relationship with the relevant religious organization, which establishes and operates a university or graduate school founded to train only religious leaders who engage in execution of religious rituals, education for believers, missionary activities in the religious organization, operation of the religious organization, etc. |
| (7) | The Minister of Education shall publicly notify the school foundation referred to in paragraph (6) by verifying the purpose of its establishment, and curriculum, etc. of the school established and operated by such school foundation. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (8) | Except as provided in this Decree, matters necessary for the method and standard for recommending and appointing open-type directors shall be prescribed by the articles of association. |
[This Article Wholly Amended on Nov. 5, 2007]
| Article 8 (Convocation of Board of Directors) |
| (1) | When the chief director convokes a meeting of the board of directors pursuant to Article 17 (1) and (2) of the Act, he or she shall publish the date, venue, etc. of the meeting on the website, etc. of the school established and operated by the school foundation by not later than seven days before the meeting. <Newly Inserted on Mar. 22, 2022> |
| (2) | An application for approval for the convocation of a meeting of the board of directors referred to in Article 17 (4) of the Act shall be accompanied by the following documents: <Amended on Jul. 2, 2019; Mar. 22, 2022> |
| 1. | The grounds for recognition of impossibility of convening a meeting of the board of directors and a document verifying such grounds; |
| 2. | An evidentiary document verifying that approval has been obtained from a majority of all incumbent directors; |
| 3. | A document expressly stating the details of anticipated losses that may incur due to a failure to convene a meeting of the board of directors. |
[Title Amended on Mar. 22, 2022]
| Article 8-2 (Minutes of Board of Directors Meeting subject to Non-Disclosure) |
| 1. | Matters relating to personal information stated in the minutes, such as names and resident registration numbers, which are likely to infringe privacy or freedom of individuals if disclosed: Provided, That this shall not apply to any of the following personal information: |
| (a) | Matters available for public inspection pursuant to relevant statutes and regulations; |
| (b) | Any information the relevant school foundation has prepared or obtained to publicize, which does not unreasonably infringe privacy and freedom of individuals; |
| (c) | Any information prepared or obtained by the relevant school foundation, disclosure of which is deemed necessary for the public interests or for remedies against infringement of rights of individuals; |
| (d) | Names and posts of executive officers and employees who have performed the relevant duties; |
| (e) | Names and occupations of individuals entrusted or commissioned to perform some of the relevant duties by the State or a local government pursuant to relevant statues, which need to be disclosed for the public interests; |
| (2) | Where non-disclosure of the matters specified in any subparagraph of paragraph (1) is unnecessary due to the lapse of time, etc., the relevant school foundation shall make such matters available to the public. |
[This Article Newly Inserted on Jun. 23, 2006]
| Article 8-3 (Period for Publishing Minutes) |
| (1) | The minutes of the board of directors meeting shall be published on the website of the relevant school within 10 days from the date a meeting is held and shall be made public for one year. <Amended on Sep. 25, 2020> |
| (2) | Teachers, staff, students and their parents of any school established and operated by a school foundation may request disclosure of the minutes of the board of directors meeting by preparing and submitting a request for disclosure of the minutes stating the following matters, even after the expiration of the period for publishing the minutes referred to in paragraph (1): |
| 1. | The applicant's name, resident registration number, address, and contact information (referring to his or her phone number, e-mail address, etc.); |
| 2. | Details of the information requested for disclosure and the method of publishing it. |
| (3) | Upon receipt of a request for disclosure of the minutes under paragraph (2), the relevant school foundation shall make public the minutes within 10 days. |
| (4) | Where the portion of the minutes subject to disclosure and the portion subject to non-disclosure are mixed in the matters requested for disclosure and it is possible to separate the two portions without impeding the purpose of a request for disclosure, only the portion subject to disclosure shall be made public. |
[This Article Newly Inserted on Jun. 23, 2006]
| Article 9 (Reporting on Audit) |
Where an auditor of a school foundation intends to report the results of an audit to the competent agency pursuant to Article 19 (4) 3 of the Act, he or she shall do so within 15 days from the date such audit is completed. <Amended on Jul. 19, 1990>
| Article 9-2 (Detailed Criteria for Revoking Approval for Executive Officers' Taking Office without Request for Rectification) |
| (1) | Approval for an executive officer's taking office may be revoked without a request for rectification under the proviso of Article 20-2 (2) of the Act in any of the following circumstances: <Amended on Jun. 5, 2008; Sep. 25, 2020> |
| 1. | Where it is obvious that the relevant act cannot be rectified within the specified period even if the competent agency requests for rectification; |
| 2. | Where it is verified to be obvious by a court ruling or an audit by the competent agency that the relevant executive officer has committed accounting fraud for at least 10 percent (at least 20 percent in cases of school foundations for schools equal to or lower than high schools) of the relevant school foundation's fundamental property for profit that must be secured pursuant to Article 7 (1) of the Regulations on the Establishment and Operation of Universities and Colleges, Article 7 (1) of the Regulations on the Establishment and Operation of Cyber Universities or Colleges, or Article 13 (1) of the Regulations on the Establishment and Operation of Schools of Various Levels Equal to or Lower than High School, in connection with accounting, etc. of the relevant school foundation or school; |
| 3. | Where it is verified to be obvious by a court ruling or an audit by the competent agency that the relevant executive officer has embezzled or misappropriated at least 10 million won in connection with the property or business of the relevant school foundation or received money or goods in connection with employment of teachers and staff, construction of facilities, etc. |
| (2) | Where the competent agency revokes its approval for an executive officer's taking office pursuant to Article 20-2 (2) of the Act, it shall hold a hearing. |
[This Article Newly Inserted on Jun. 23, 2006]
[Previous Article 9-2 moved to Article 9-3 <Jun. 23, 2006>]
| Article 9-3 (Schools Permitted to Fill Less Than 2/3 of Fixed Number of Directors with Foreigners) |
"Schools prescribed by Presidential Decree" in the proviso of Article 21 (1) of the Act means universities and colleges, industrial colleges, cyber universities or colleges, and various types of similar schools. <Amended on Jun. 23, 2006; Jun. 5, 2008> [This Article Newly Inserted on Dec. 31, 1997]
[Moved from Article 9-2; previous Article 9-3 moved to Article 9-4 <Jun. 23, 2006>]
| Article 9-4 (Scope of Experience in Education) |
[This Article Newly Inserted on Sep. 25, 2020]
[Article 9-4 moved to Article 9-5 <Sep. 25, 2020>]
| Article 9-5 (School Foundation Required to Appoint Certified Public Accountant as Auditor) |
A school foundation which is required to appoint a person qualified as a certified public accountant for one of its auditors pursuant to Article 21 (6) of the Act, shall be a school foundation that establishes and operates a university or college, industrial college, cyber university or college, or any similar school, the entrance quota of which is at least 500 persons. <Amended on Jul. 19, 1990; Nov. 3, 1998; Jun. 5, 2008; Jul. 22, 2013> [This Article Wholly Amended on Jul. 9, 1986]
[Title Amended on Jul. 22, 2013]
[Moved from Article 9-4; previous Article 9-5 moved to Article 9-6 <Sep. 25, 2020>]
| Article 9-6 (Organization of Private School Dispute Mediation Committee) |
| (1) | The chairperson of the Private School Dispute Mediation Committee established pursuant to Article 24-2 (1) of the Act (hereinafter referred to as the "Mediation Committee") shall represent the Mediation Committee and exercise overall control over the affairs of the Mediation Committee. |
| (2) | Where deemed necessary for operating meetings of the Mediation Committee, the chairperson may organize and operate subcommittees. |
[This Article Newly Inserted on Nov. 5, 2007]
[Moved from Article 9-5; previous Article 9-6 moved to Article 9-7 <Sep. 25, 2020>]
| Article 9-7 (Meetings of Mediation Committee) |
| (1) | The chairperson shall convene and preside over the meetings of the Mediation Committee. |
| (2) | In principle, meetings of the Mediation Committee shall be convened monthly, but a meeting shall be called separately if requested by at least 1/3 of the incumbent members or deemed necessary by the chairperson. |
| (3) | Where deemed necessary for deliberations, the Mediation Committee may hear opinions from executive officers and employees of the relevant school foundation; school personnel of a school established and managed by the relevant school foundation; the competent agency; any other interested persons, etc. <Amended on Jun. 26, 2018> |
| (4) | Where the Mediation Committee intends to hold deliberations prescribed in Article 25-3 (1) of the Act, it shall hear opinions from the following persons regarding the recommendation of candidates for directors. In such cases, the detailed procedures and methods for submitting and hearing opinions shall be determined by the Mediation Committee: <Newly Inserted on Jun. 26, 2018> |
| 1. | A consultative body consisting of the following persons in the order of the following items and recognized by the Mediation Committee. In such cases, the persons prescribed in item (b) shall be included in the order of the earliest date of their retirement, and the total number of members of the consultative body shall be a majority of the total fixed number of directors of the relevant school foundation; if the number of persons falling under item (a) already exceeds the total number of members of the consultative body or if the total number of members of the consultative body is exceeded due to persons having the same retirement date to be lastly included as members among those falling under item (b), such excess number of members shall be deemed the total number of members of the consultative body: |
| (a) | Directors (excluding temporary directors) of the relevant school foundation; |
| (b) | Persons who used to be directors (excluding temporary directors) of the relevant school foundation among persons other than those falling under item (a); |
| 2. | An organization recognized by the Mediation Committee as any of the following organizations: |
| (a) | A faculty representative body of a school established and managed by the relevant school foundation; |
| (b) | A student/parent representative body established and managed by the relevant school foundation; |
| 3. | A recommendation committee; |
| 4. | A religious organization that has established the relevant school foundation (limited to school foundations prescribed in the proviso of Article 14 (4) of the Act); |
| 6. | Other interested persons recognized by the Mediation Committee. |
| (5) | Where the Mediation Committee determines the procedures and methods for submitting and hearing opinions pursuant to the latter part of paragraph (4), it shall observe the following criteria: <Newly Inserted on Jun. 26, 2018> |
| 1. | Where the consultative body referred to in paragraph (4) 1 has any of the following persons as its member: The number of candidates to be recommended by the consultative body referred to in paragraph (4) 1 shall be less than a majority of the total number of members to be recommended under paragraph (4) (where the same candidate is recommended separately by different entities prescribed in any subparagraph of paragraph (4), such recommendation shall be counted separately): |
| (a) | A person previously subjected to revocation of approval of his or her taking office as an executive officer pursuant to Article 20-2 of the Act (excluding where the approval of his or her taking office was revoked due to disputes among executive officers); |
| (c) | A person previously subjected to disciplinary punishment of being removed from office pursuant to Article 61 of the Act; |
| (d) | Any other person recognized by the Mediation Committee as having caused a significant disruption in operating the relevant school foundation, other school foundations, or schools established and managed by the relevant school foundation or other school foundations; |
| 2. | Cases other than those prescribed in subparagraph 1: The number of candidates to be recommended by the consultative body referred to in paragraph (4) 1 shall be equal to or greater than a majority of the total number of members to be recommended under paragraph (4) (where the same candidate is recommended separately by different entities prescribed in any subparagraph of paragraph (4), such recommendation shall be counted separately). |
| (6) | Allowances, travel expenses, or any other necessary expenses may be paid or reimbursed to members of the Mediation Committee who attend a meeting of the Mediation Committee: Provided, That this shall not apply to relevant public officials who attend a meeting of the Mediation Committee in direct relation to their duties. <Amended on Jun. 26, 2018> |
[This Article Newly Inserted on Nov. 5, 2007]
[Moved from Article 9-6; previous Article 9-7 moved to Article 9-8 <Sep. 25, 2020>]
| Article 9-8 (Disqualification of, Challenge to, and Recusal of, Members) |
| (1) | Any member of the Mediation Committee falling under any of the following shall be excluded from deliberations and decisions of the Medication Committee: |
| 1. | Where a member or his or her current or former spouse is a party (including executive officers if the party is a corporation, organization, etc.; hereafter the same shall apply in this subparagraph and subparagraph 2) to the relevant agenda item or is a joint rightholder or obligor with a party to the agenda item; |
| 2. | Where a member is a current or former relative of a party to the relevant agenda item; |
| 3. | Where a member has testified, made a statement, provided advice or service, or conducted research or an appraisal in connection with the relevant agenda item; |
| 4. | Where a member or a corporation, organization, etc. to which he or she belongs is a current or former agent of a party to the relevant agenda item. |
| (2) | Where the circumstances indicate that it would be unlikely to expect fair deliberations and decisions of a member of the Mediation Committee, a party to the relevant agenda item may file a request for a challenge to the member, and the Mediation Committee shall make a decision on such request by a resolution. In such cases, the challenged member shall abstain from such resolution. |
| (3) | Where a member of the Mediation Committee constitutes the grounds for exclusion specified in any subparagraph of paragraph (1), he or she shall recuse himself or herself from all deliberations and decisions on the relevant agenda item. |
[This Article Newly Inserted on Jul. 4, 2012]
[Moved from Article 9-7; previous Article 9-8 moved to Article 9-9 <Sep. 25, 2020>]
| Article 9-9 (Dismissal of Members) |
The President may dismiss a member of the Mediation Committee in any of the following cases: <Amended on Jun. 26, 2018; Sep. 25, 2020>
| 1. | Where the member becomes unable to perform his or her duties due to mental or physical disability; |
| 2. | Where the member engages in any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unfit as a member due to neglect of a duty, loss of dignity, or any other reason; |
| 4. | Where the member fails to recuse himself or herself although he or she falls under any subparagraph of Article 9-8 (1); |
| 5. | Where the member voluntarily admits that it is difficult for him or her to perform his or her duties. |
[This Article Newly Inserted on May 10, 2016]
[Moved from Article 9-8; previous Article 9-9 moved to Article 9-10 <Sep. 25, 2020>]
| Article 9-10 (Clerical Organization) |
| (1) | A clerical organization may be established in the Mediation Committee to conduct affairs relating to the duties of the Mediation Committee. |
| (2) | The Minister of Education may request the head of a relevant administrative agency to dispatch public officials under his or her jurisdiction in connection with personnel necessary for the clerical organization specified in paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Newly Inserted on Nov. 5, 2007]
[Moved from Article 9-9; previous Article 9-10 moved to Article 9-11 <Sep. 25, 2020>]
| Article 9-11 (Operating Rules) |
Except as provided in this Decree, matters necessary for operating the Mediation Committee shall be determined by the chairperson, subject to a resolution of the Mediation Committee.
[This Article Newly Inserted on Nov. 5, 2007]
[Moved from Article 9-10; previous Article 9-11 moved to Article 9-12 <Sep. 25, 2020>]
| Article 9-12 (Deliberation Criteria) |
| (1) | The Mediation Committee shall prepare its own deliberation criteria so as to realize the transparent and rational operation of school foundations and schools, to ensure the right of students to learn, and to contribute to a stable educational environment. |
| (2) | The deliberation criteria prescribed in paragraph (1) shall be determined by the chairperson of the Mediation Committee through its resolution, and disclosed on the website of the Mediation Committee, etc. |
[This Article Newly Inserted on Jun. 26, 2018]
[Moved from Article 9-11 <Sep. 25, 2020>]
| Article 10 (Appointment of Temporary Directors) |
| (1) | An interested party who intends to request the competent agency for the appointment of a temporary director pursuant to Article 25 (1) of the Act shall submit the grounds for the claim and documents proving that he or she is an interested party to the competent agency. <Amended on Feb. 1, 1991; Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013; Feb. 11, 2022> |
| (2) | The State or a local government may subsidize the following litigation costs within budgetary limits to a school foundation in financial hardship among the school foundations for which temporary directors are appointed pursuant to Article 25 (6) of the Act: <Newly Inserted on Feb. 11, 2022> |
| 1. | Litigation costs incurred where the school foundation becomes a litigation counterpart in a dispute over the operation of the board of directors, such as personnel matters for teachers and staff; |
| 2. | Litigation costs incurred where the school foundation has filed a relevant lawsuit to eliminate a serious impediment to the operation of a school due to accounting fraud, embezzlement, etc. of its executive officer, etc.; |
| 3. | Litigation costs incurred where the school foundation becomes an intervenor in support of the following litigation: |
| (a) | Revocation litigation against disposition of revocation of approval for an executive officer's taking office under Article 20-2 of the Act; |
[Title Amended on Feb. 11, 2022]
| Article 10-2 (Standards for Persons Having Difficulty in Making a Living) |
The standards for a person who has difficulty in making a living among persons who have contributed or donated property referred to in Article 26 (2) of the Act shall be as follows: | 1. | A person who has no personal property or income sufficient enough to maintain the minimum level of healthy and cultural life, and has no obligatory provider or has an obligatory provider with no ability to provide support; |
| 2. | A person who has maintained his or her livelihood solely by the remuneration referred to in Article 26 (1) of the Act as a director of a school foundation but has resigned from such position. |
[This Article Newly Inserted on Feb. 24, 1979]
| Article 10-3 (Scope of Living Costs) |
The living costs, medical expenses, and funeral expenses referred to in Article 26 (2) of the Act shall be paid for any person specified in Article 10-2, his or her spouse, or children under the age of 18 years, and the amount of such costs and expenses shall not exceed the following: <Amended on Jul. 9, 1986; Jun. 5, 2018> 70 percent of the monthly salary at the highest salary grade or class for the head of a school established and managed by the relevant school foundation: Provided, That the maximum amount of monthly living costs for a person who receives a pension, lump-sum retirement pension, lump-sum retirement payment, or retirement allowances pursuant to other statutes and regulations or has any other income shall be determined by the relevant school foundation based on such incomes;
Cost of hospitalization treatment in a medical facility;
An amount equivalent to three times the monthly salary at the highest salary grade or class for the head of a school established and managed by the relevant school foundation.
[This Article Newly Inserted on Feb. 24, 1979]
| Article 10-4 Deleted. <Dec. 30, 1983> |
| Article 10-5 (Payment of Living Costs) |
Where a school foundation intends to pay living costs, medical expenses, or funeral expenses pursuant to Article 26 (2) of the Act, it shall obtain a resolution of the board of directors. [This Article Wholly Amended on Jul. 9, 1986]
| Article 10-6 (Composition of University Deliberation Committee) |
| (1) | A university deliberation committee under Article 26-2 (1) of the Act (hereinafter referred to as "deliberation committee") shall be composed of persons who can represent each unit among the units of teachers, staff, and students, and may include persons beneficial to the development of the relevant alumni and school: Provided, That the number of deliberation committee members belonging to any of the units constituting the deliberation committee shall not exceed 1/2 of the fixed number of the members of the deliberation committee. <Amended on Sep. 25, 2020> |
| (2) | A deliberation committee shall be comprised of at least 11 committee members, including one chairperson and one vice-chairperson. <Amended on Feb. 11, 2022> |
| (3) | The chairperson and the vice-chairperson of a deliberation committee shall be elected from among and by committee members. In such cases, the chairperson shall be elected from among and by non-student committee members. <Newly Inserted on Feb. 11, 2022> |
| (4) | The term of office of committee members shall be two years: Provided, That the term of office of student committee members shall be one year. <Newly Inserted on Feb. 11, 2022> |
| (5) | Except as provided in this Decree, matters necessary for the composition, operation, etc. of deliberation committees shall be prescribed by the articles of association. <Amended on Feb. 11, 2022> |
[This Article Newly Inserted on Jun. 23, 2006]
[Title Amended on Sep. 25, 2020]
| Article 10-7 Deleted. <Nov. 5, 2007> |
| Article 11 (Disposal of Fundamental Property) |
| (1) | A permission application or a report relating to selling, donating, or exchanging fundamental property of a school foundation filed pursuant to Article 28 (1) of the Act shall be accompanied by the following documents: <Amended on Jul. 19, 1990; Aug. 9, 1997; Jun. 23, 2006; Jun. 30, 2014; Aug. 31, 2016; Jan. 21, 2022> |
| 1. | Details of property to be disposed of; |
| 3. | A copy of the minutes of the board of directors meeting; |
| 4. | A document stating matters concerning the management of property exchanged or the price for property sold (limited to exchange or sale); |
| 5. | In cases of any subparagraph of Article 12 (2), a document verifying the relevant details. |
| (2) | Deleted. <Jul. 19, 1990> |
| (3) | A permission application or a report relating to providing fundamental property of a school foundation as security filed pursuant to Article 28 (1) of the Act shall be accompanied by the following documents: <Amended on Aug. 9, 1997> |
| 1. | A list of property to be provided as security; |
| 2. | The amount of security; |
| 3. | The location of security; |
| 4. | The repayment method and plan; |
| 5. | A copy of the minutes of the board of directors meeting. |
| (4) | A permission application or a report relating to changing the purpose of fundamental property of a school foundation, bearing any obligation, or waiving any rights filed pursuant to Article 28 (1) of the Act shall specify the grounds for the relevant activity. <Amended on Aug. 9, 1997; Jan. 5, 2021> |
| (5) | "Insignificant matters prescribed by Presidential Decree" in the proviso of Article 28 (1) of the Act means any of the following: Provided, That this shall not apply where fundamental property of a school foundation is divided in order not to obtain permission under the main clause of Article 28 (1) of the Act or where any violation of the Act, this Decree, or relevant statutes or regulations is committed: <Newly Inserted on Aug. 9, 1997; Nov. 3, 1998; Mar. 30, 2002; Dec. 30, 2002; Jun. 23, 2006; Jun. 5, 2008> |
| 3. | Cases not specified in subparagraph 1 or 2, where the value of fundamental property for sale, donation, exchange, use for other purposes, or for provision as security is less than 50 million won (less than 300 million won in cases of a school foundation operating a university, college, or industrial college); |
| 4. | Where a school foundation operating a university, college, or industrial college, for which the ratio (hereafter in this paragraph, referred to as "ratio of loans") of the total loans (including loans it intends to obtain; hereinafter the same shall apply) to the basic funds (referring to net assets calculated by deducting the total liabilities from the total assets, which are the value of the basic assets continuously invested in and operated for the relevant foundation and school) in the accounts for school expenses and the accounts for an affiliated hospital referred to in Article 29 (2) of the Act and the accounts for general business referred to in Article 29 (3) of the Act (hereafter in this paragraph, referred to as "accounts for school expenses, etc.") is less than 20 percent and the total loans in the accounts for school expenses, etc. are 20 billion, borrows money from a financial institution (referring to a financial institution defined in any item of subparagraph 1 of Article 2 of the Act on the Structural Improvement of the Financial Industry) within the ratio of loans of 20 percent and the total loans of less than 20 billion won; |
| 5. | Where a school foundation which operates a university, college, industrial college, cyber university or college, or junior college receives loans from the Private School Promotion Fund established pursuant to Article 17 of the Korea Advancing Schools Foundation Act (limited to the total loans of less than 20 billion won in cases of a school foundation which operates a university, college, or industrial college; and the total loans of less than five billion won in cases of a school foundation which operates a cyber university or college or junior college); |
| 6. | Where the right to registered lease on a deposit basis is established for fundamental property for profit; |
| 7. | Cases not specified in subparagraphs 4 through 6, where the value of bearing any obligations or waiving any rights is less than 50 million won (less than 300 million won in cases of a school foundation which operates a university, college, or industrial college: Provided, That in cases of bearing any obligations, the total value of doing so shall be limited to less than 20 billion won). |
| (6) | Where the competent agency receives an application for permit for or report on selling, donating, or exchanging fundamental property of a school foundation; providing fundamental property of a school foundation as security; changing the purpose of fundamental property of a school foundation; or bearing any obligation or waiving any rights concerning fundamental property of a school foundation pursuant to Article 28 (1) of the Act, it shall notify the relevant applicant of whether the permit is to be granted or the report has been accepted or the reasons for delay in processing the relevant application or report within 14 days from the date of receiving the relevant application or report. <Newly Inserted on Mar. 13, 2018> |
| Article 12 (Scope of Property Prohibited from Disposal) |
| (1) | Property a school foundation is prohibited from selling or providing as security pursuant to Article 28 (2) of the Act shall be any of the following kinds of property which are directly used for education in a private school established and operated by the school foundation: <Amended on Feb. 1, 1991; Feb. 23, 1993; Nov. 3, 1998; Mar. 30, 2002; Jun. 30, 2014> |
| 2. | School buildings (including an auditorium); |
| 3. | Gymnasiums (including an indoor gymnasium); |
| 4. | Laboratories or research facilities; |
| 5. | Other facilities, installations, and teaching materials and aids directly used for education. |
| (2) | Notwithstanding paragraph (1), any of the following kinds of property shall be excluded from property that a school foundation is prohibited from selling or providing as security: <Amended on Jun. 30, 2014> |
| 1. | Any property specified in paragraph (1) 1 through 3, which serves no purpose due to the relocation of the school, where the relevant school foundation relocates the school to improve the educational environment after securing the entire school land area and some of the basic educational facilities; |
| 2. | Any property specified in paragraph (1) 1 through 3, which serves no purpose due to the integration of the main and branch schools, where the relevant school foundation intends to integrate the two schools in order to improve the educational environment after securing the entire school land area and some of the basic educational facilities; |
| 3. | Any property specified in any subparagraph of paragraph (1), which is disposed of through exchange of property between school foundations in order to enhance competitiveness of education and research and promote uniqueness; |
| 4. | Any property specified in any subparagraph of paragraph (1), the ownership of which is gratuitously transferred to the State, a local government, or a research institute pursuant to Article 29 (6) 2 of the Act. |
[Title Amended on Jun. 30, 2014]
| Article 12-2 (Reporting on Legal Proceedings on Fundamental Property) |
| (1) | A school foundation that intends to file a report on the commencement of legal proceedings concerning fundamental property pursuant to Article 28 (5) of the Act shall report the following matters to the competent agency within 30 days from the date of filing a written complaint with the court or the date of receiving a duplicate of a written complaint: |
| 1. | Names, titles, or trade names and domiciles of the parties; |
| 2. | The name and address of the agent (limited to where there is an agent); |
| 3. | The purports and reason of the request; |
| 4. | Indication of the case; |
| (2) | A school foundation that intends to file a report on the completion of legal proceedings concerning fundamental property pursuant to Article 28 (5) of the Act shall report the result of the final judgment of the relevant instance to the competent agency within 30 days from the date of receiving notice on such result. |
[This Article Newly Inserted on Feb. 11, 2022]
| Article 13 (Revenues and Expenditures of Accounts for School Expenses and Accounts for Affiliated Hospitals) |
| (1) | Revenues in the accounts for school expenses shall consist of the following incomes: <Amended on Jul. 24, 2012; Jul. 2, 2019> |
| 1. | Entrance fees, tuitions, and entrance examination fees collected by the relevant school from students pursuant to relevant statutes or regulations or school regulations; |
| 2. | Fees for certificates related to academic affairs; |
| 3. | Fees for the use of school facilities; |
| 4. | Funds transferred from other accounts; |
| 5. | Price for the sale of goods, etc. produced from students' experiments and training; |
| 6. | Interest income from the operation of the accounts for school expenses; |
| 7. | Income from selling unused goods, such as equipment and materials for education; |
| 8. | Borrowings to cover expenditures in the accounts for school expenses; |
| 8-2. | Donations received by the relevant school to use for school education; |
| 9. | Other income of the relevant school foundation which does not belong to any other account. |
| (2) | Expenditures in the accounts for school expenses shall consist of the following expenses: |
| 1. | Personnel expenses incurred in and the price for goods necessary for operating the relevant school; |
| 2. | Expenses incurred in relation to facilities and installations directly required for school education; |
| 3. | Research expenses for teachers, scholarships for students, expenses for education and guidance, and expenses relating to health care and sports; |
| 4. | Principal of and interest on the borrowings referred to in paragraph (1) 8; |
| 5. | Other expenses directly required for school education. |
| (3) | Revenues in the accounts for an affiliated hospital shall consist of the following incomes: |
| 1. | Income from medical treatment; |
| 2. | Funds transferred from the accounts for general business; |
| 3. | Interest income from the operation of the accounts for the affiliated hospital; |
| 4. | Borrowings to cover expenditures in the accounts for the affiliated hospital; |
| 5. | Other incomes from the operation of the affiliated hospital. |
| (4) | Expenditures in the accounts for an affiliated hospital shall consist of the following expenses: |
| 1. | Personnel expenses incurred in operating the affiliated hospital; |
| 2. | Price for goods required for managing and operating the affiliated hospital and providing medical treatment; |
| 3. | Expenses incurred in relation to facilities and installations directly required for the affiliated hospital; |
| 4. | Funds transferred to the accounts for school expenses or the accounts for general business; |
| 5. | Principal of and interest on the borrowings referred to in paragraph (3) 4; |
| 6. | Other expenses incurred in operating the affiliated hospital. |
[This Article Wholly Amended on May 21, 1981]
| Article 13-2 (Gratuitous Vesting of Fundamental Property for Educational Purposes) |
| (1) | Where a school foundation intends to gratuitously transfer fundamental property for educational purposes to the State or a local government pursuant to Article 29 (6) 2 of the Act, the following standards shall be satisfied: <Amended on Jun. 22, 2021> |
| 1. | Fundamental property for educational purposes, except for fundamental property for educational purposes the school foundation intends to transfer, must meet the following standards for school land areas, school buildings, and installations: |
| (a) | The standards referred to in Articles 3 through 6 of the Regulations on the Establishment and Operation of Schools of Various Levels Equal to or Lower than High School; |
| (e) | The standards referred to in Article 5 of the Regulations on the Establishment and Operation of Cyber Universities or Colleges; |
| (f) | The standards referred to in Article 8 of the Regulations on the Establishment and Operation of Technical Colleges; |
| 2. | Where any property directly used for education and research among fundamental property for educational purposes is to be gratuitously transferred, such gratuitous transfer must not hinder education and research of the relevant private school established and operated by the school foundation, in any of the following circumstances: |
| (a) | Where the relevant private school established and operated by the school foundation can use the relevant property for education and research even after it is transferred gratuitously; |
| (b) | Where any other property exists which is usable for education and research in place of the relevant property even if it is transferred gratuitously, or where additional property is secured; |
| (c) | Where it is unnecessary to use the relevant property in the future. |
| (2) | Where a school foundation intends to gratuitously transfer fundamental property for educational purposes to a research institute pursuant to Article 29 (6) 2 of the Act, the following shall be satisfied: |
| 1. | The relevant property shall be transferred to any of the following research institutes: |
| (a) | A national or public research institute; |
| 2. | The standards specified in paragraph (1) 1 and 2 must be satisfied. |
[This Article Newly Inserted on Jun. 30, 2014]
| Article 14 (Reporting on and Publication of Budget and Settlement of Accounts) |
| (1) | Where a school foundation reports its budget and settlement of accounts to the competent agency and publishes the same pursuant to Article 31 (1) of the Act, it shall do so five days prior to the commencement of each fiscal year in cases of the budget, and within three months after the end of each fiscal year in cases of the settlement of accounts. <Amended on Jul. 9, 1986; Jul. 19, 1990; Nov. 3, 1998; Jun. 23, 2006> |
| (2) | Where a school foundation supplements or revises a budget during a fiscal year, it shall report the budget to the competent agency within 15 days from the date the budget is confirmed in accordance with the procedures under Article 29 (4) of the Act (referring to the date the budget is compiled in cases of a kindergarten). <Amended on Jul. 22, 2013> |
| (3) | Deleted. <Jul. 22, 2013> |
| (4) | A school foundation shall publish a budget bill for the accounts belonging to its business and the accounts belonging to the relevant school (including attached specifications prescribed by the Rules on Financial Affairs and Accounting of Private School Institutions or the Rules on Special Cases concerning the Rules on Financial Affairs and Accounting of Private School Institutions) on the website of the school by not later than five days prior to the commencement of each fiscal year and shall make public the budget bill for one year. <Newly Inserted on Jun. 23, 2006> |
| (5) | A school foundation shall publish a statement of accounts for the accounts belonging to its business and the accounts belonging to the relevant school (including attached specifications and an audit report prescribed by the Rules on Financial Affairs and Accounting of Private School Institutions or the Rules on Special Cases concerning the Rules on Financial Affairs and Accounting of Private School Institutions) on the website of the school within three months after the end of each fiscal year and shall make public the statement of accounts for one year. <Newly Inserted on Jun. 23, 2006> |
[Title Amended on Jun. 23, 2006]
| Article 14-2 (Supervision of External Audit) |
| (1) | Pursuant to Article 31-2 (1) of the Act, the Minister of Education shall supervise an audit certificate and supplementary documents referred to in the latter part of Article 31 (4) of the Act in any of the following circumstances: <Amended on May 28, 2018> |
| 1. | Where a statement of accounts submitted by a school foundation pursuant to Article 31 (4) of the Act is deemed to have violated the accounting regulations referred to in Article 33 of the Act as a result of an examination of such statement of accounts; |
| 2. | Where the relevant documents are selected as the object of supervision as prescribed by the Minister of Education, such as quantitative analysis or random sampling; |
| 3. | Where the Minister of Education is notified by a State agency that a school foundation that establishes and manages a college educational institution has violated any accounting-related statute and regulation. |
| (2) | Where necessary to conduct supervision, the Minister of Education may require any certified public accountant or accounting corporation that has submitted an audit certificate and supplementary documents referred to in the latter part of Article 31 (4) of the Act to submit data, state his or her opinions, or make a report. <Amended on May 28, 2018> |
| (3) | Where any certified public accountant or accounting corporation that has submitted an audit certificate and supplementary documents referred to in the latter part of Article 31 (4) of the Act is deemed suspected of violating any of the following standards as a result of supervision, the Minister of Education shall notify the Financial Services Commission of the name of such certified public accountant or accounting corporation and the details of the violation: <Amended on May 28, 2018; Oct. 30, 2018> |
| 2. | The standards determined by the Minister of Education through public notice after consultation with the Financial Services Commission, in relation to accounting audit of school foundations. |
| (4) | Where the Financial Services Commission in receipt of the notification under paragraph (3) revokes registration or suspends business pursuant to Article 39 (1) of the Certified Public Accountant Act or takes any disciplinary action pursuant to Article 48 (2) of the same Act for the relevant certified public accountant or accounting corporation, it shall notify the Minister of Education of the details of such disposition. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the scope, method, etc. of supervision shall be prescribed and publicly notified by the Minister of Education after consultation with the Financial Services Commission. |
[This Article Newly Inserted on Jul. 22, 2013]
| Article 14-3 (Entrustment of Supervision of External Audit) |
Pursuant to Article 31-2 (2) of the Act, the Minister of Education may entrust duties relating to supervising external audit to any of the following corporations or organizations: <Amended on Oct. 30, 2018; Sep. 25, 2020> [This Article Newly Inserted on May 28, 2018]
| Article 14-4 (Scope of Corporations in Affiliated Relationship) |
“Corporation in an affiliated relationship prescribed by Presidential Decree” in Article 32-2 (4) of the Act means any of the following corporations: | 1. | A corporation, at least 30/100 of the total number of which outstanding stocks is held by any of the following persons or at least 30/100 of the total amount of which investment has been made by any of the following persons: |
| (a) | An executive officer of the school foundation that establishes and manages the relevant college educational institution or a person in whose case five years have not passed after the expiration of his or her term as an executive officer; |
| (b) | The head of the relevant college educational institution or a person in whose case five years have not passed after his or her retirement as the head of the relevant college educational institution; |
| (c) | A person who has contributed to the relevant college educational institution or to the school foundation that establishes and manages the relevant college educational institution in excess of the base amount of contributed property prescribed in Article 4-2; |
| (d) | A person in relationship of relatives prescribed in Article 777 of the Civil Act with any person falling under any of items (a) through (c); |
| 2. | A corporation capable of exerting a dominant influence over a college educational institution or a school foundation that establishes and manages a college educational institution, through a person falling under any item of subparagraph 1, by determining policies for managing accumulated funds prescribed in Article 32-2 of the Act, by exercising the authority for appointing or dismissing executive officers of a school foundation that establishes and manages the relevant college educational institution, etc. |
[This Article Newly Inserted on May 28, 2018]
| Article 14-5 (Composition of Fund Operation Deliberative Committees) |
| (1) | A fund operation deliberative committee referred to in Article 32-3 (1) of the Act (hereinafter referred to as “fund operation deliberative committee”) shall be established at each college educational institution and each school foundation that establishes and manages a college educational institution. |
| (2) | The chairperson of the fund operation deliberative committee established at a college educational institution shall be the head of the relevant college educational institution; and the chairperson of the fund operation deliberative committee established at a school foundation that establishes and manages a college educational institution shall be the chief director of the relevant school foundation. |
| (3) | The members of a fund operation deliberative committee shall be appointed or commissioned by the chairperson of the fund operation deliberative committee among the teachers, employees, students, external experts, alumni or alumnae, and those who can help develop the school. |
| (4) | Any of the following persons may serve as an external expert related to accounting or financial matters referred to in Article 32-3 (2) 2 of the Act: <Amended on Mar. 22, 2022> |
| 2. | A person who has worked at any of the following corporations or institutions in positions responsible for finance or asset management for at least five years: |
| 3. | A person who has held a position of at least an assistant professor at a school defined in Article 2 of the Higher Education Act for at least three years, researching or teaching economics, management, or finance-related disciplines; |
| 4. | A person who has worked at a research institution or public institution for at least three years after obtaining a doctorate in economics, management, or finance-related disciplines; |
| 5. | A person who has worked as an attorney-at-law or certified public accountant for at least three years; |
| 6. | A person who is recognized by the chairperson of a fund operation deliberative committee as having knowledge and experience equal to or greater than persons falling under any of subparagraphs 1 through 5. |
| (5) | The term of office of any member of a fund operation deliberative committee shall be two years. |
| (6) | Matters necessary for the composition of a fund operation deliberative committee, other than those prescribed in paragraphs (1) through (5), shall be determined by the chairperson of the fund operation deliberative committee after undergoing resolution by the fund operation deliberative committee. |
[This Article Newly Inserted on May 28, 2018]
| Article 14-6 (Operation of Fund Operation Deliberative Committees) |
| (1) | The following matters shall be subject to deliberation by a fund operation deliberative committee: |
| 1. | Matters relating to a plan for operating funds prescribed in Article 32-2 (3) of the Act (hereinafter referred to as "funds") for each fiscal year; |
| 2. | Formulating and amending guidelines on fund operation; |
| 3. | Other matters deemed requiring deliberation of the fund operation deliberative committee by the chairperson of the fund operation deliberative committee in relation to managing or operating funds. |
| (2) | A majority of the members of the fund operation deliberative committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (3) | Except as provided in paragraph (1) and (2), matters necessary for operating the fund operation deliberative committee shall be determined by the chairperson of the fund operation deliberative committee, following a resolution by the fund operation deliberative committee. |
[This Article Newly Inserted on May 28, 2018]
| Article 15 (Application for Authorization for Dissolution of School Foundations) |
| (1) | An application for authorization for the dissolution of a school foundation referred to in Article 34 (2) of the Act shall be accompanied by the following documents: <Amended on Mar. 13, 2018> |
| 1. | A copy of the minutes of the board of directors meeting; |
| 3. | A document stating matters concerning disposal of residual property. |
| (2) | Within 60 days from the date of receiving an application for authorization for dissolving a school foundation referred to in Article 34 (2) of the Act, the Minister of Education shall give notice to the relevant applicant as to whether the authorization is to be granted or the reasons for delay in processing the relevant application. <Newly Inserted on Mar. 13, 2018> |
| Article 15-2 (Preparation of Application for Authorization for Dissolution) |
| (1) | An application for authorization for the dissolution of a school foundation referred to in Article 35-2 (2) of the Act shall include the following: <Amended on Apr. 6, 2004> |
| 1. | The grounds for dissolution; |
| 2. | A plan for managing enrolled students; |
| 3. | A plan for managing teachers and staff; |
| 4. | A copy of the minutes of the board of directors meeting; |
| (2) | A disposal plan for residual property of a school foundation referred to in Article 35-2 (2) of the Act shall include the following: <Amended on Apr. 6, 2004> |
| 1. | A list of property and circumstances of formation of property; |
| 2. | The details of property appraisal; |
| 3. | The person to whom residual property is to be transferred and the grounds for the transfer; |
| 4. | The details of property directly used for school education out of fundamental property (limited to where the State or a local government purchases property pursuant to Article 35-2 (4) 2 of the Act); |
| 5. | The articles of incorporation of the relevant public interest corporation (limited to where the relevant school foundation contributes its residual property as the property for the establishment of the public interest corporation pursuant to Article 35-2 (7) of the Act). |
[This Article Newly Inserted on Dec. 31, 1997]
| Article 15-3 (Composition of Private School Readjustment and Examination Committees) |
| (1) | A private school readjustment and examination committee established pursuant to Article 35-2 (5) of the Act (hereinafter referred to as the "committee") shall be composed of not more than 15 persons, including the chairperson. <Amended on Apr. 6, 2004> |
| (2) | The Vice Superintendent of the Office of Education shall serve as the chairperson, and members of the committee shall be designated or commissioned by the Superintendent of the Office of Education from among the following persons: <Amended on Jun. 23, 2006> |
| 1. | Up to five persons from among public officials of Grade IV or equivalent thereto who belong to the Office of Education; |
| 2. | Up to five persons from among persons qualified as an attorney-at-law, certified public account, tax accountant, or certified appraiser or persons who hold or have held an associate professorship in charge of any department related to jurisprudence, accounting, or appraisal; |
| 3. | Up to five persons recommended by an organization consisting of the representatives of school foundations which establish and operate a private elementary school, middle school, or high school located in the jurisdictions of the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"). |
| (3) | Each committee member shall serve from the date he or she is commissioned to the date the application of Article 35-2 of the Act expires. |
[This Article Newly Inserted on Dec. 31, 1997]
| Article 15-4 (Duties and Operation of Private School Readjustment and Examination Committees) |
| (1) | The committee shall examine the following matters: <Amended on Apr. 6, 2004> |
| 1. | Appropriateness of the dissolution of a school foundation; |
| 2. | Appropriateness of a disposal plan for residual property; |
| 4. | Any other matters necessary to examine matters concerning the dissolution of a school foundation, disposal of its residual property, and financial support therefor. |
| (2) | The chairperson shall represent the committee and exercise overall control of the affairs of the committee. |
| (3) | Meetings of the committee shall commence with the attendance of at least 2/3 of the incumbent members, and resolutions shall be adopted with the consent of a majority of the members present. |
| (4) | None of the committee members, including the chairperson, shall participate in deliberations on any agenda item in which they or their lineal ascendants or descendants have a direct interest. |
| (5) | Any person who has a direct interest in an agenda item of the committee may submit his or her opinion to the committee. |
| (6) | Where necessary to perform its duties, the committee may require any interested person to attend a meeting of the committee and hear his or her opinion. |
| (7) | Where necessary to perform its duties, the committee may require relevant public officials or experts to attend a meeting of the committee to hear their opinions or may request relevant institutions, organizations, etc. to provide cooperation, such as submitting necessary data, opinions, etc. |
| (8) | Allowances and travel expenses may be provided, within the budget, to the chairperson or members of the committee, relevant public officials, or relevant experts who attend a committee meeting: Provided, That this shall not apply where a public official attends a committee meeting in direct relation to his or her duties. |
| (9) | Except as provided in Article 15-3 or 15-4, matters necessary for operating the committee shall be determined by the chairperson, subject to resolution of the committee. |
[This Article Newly Inserted on Dec. 31, 1997]
| Article 16 (Application for Authorization for Merger) |
| (1) | An application for authorization for the merger of school foundations referred to in Article 36 (3) of the Act shall be accompanied by the following documents: <Amended on Nov. 3, 1998; Jun. 5, 2018> |
| 1. | A statement of reason for the merger; |
| 2. | A copy of the minutes of the board of directors meeting of each relevant school foundation verifying that the consent referred to in Article 36 (1) of the Act has been obtained; |
| 3. | A document verifying that persons conducting the relevant affairs have been appointed by each relevant school foundation pursuant to Article 39 of the Act; |
| 4. | An agreement on the merger; |
| 5. | The articles of association of the school foundation surviving after the merger or newly established as a consequence of the merger; |
| 6. | Deleted; <Nov. 3, 1998> |
| 7. | A list of property and balance sheet of each relevant school foundation before the merger; |
| 8. | A document verifying the ownership of property; |
| 9. | Documents prescribed in Article 4 (1) 9 through 14 for the school foundation surviving after the merger or newly established as a consequence of the merger (the documents prescribed in Article 4 (1) 9 through 12 may be omitted for any executive officer of the school foundation surviving after the merger who holds office continuously). |
| (2) | Article 4 (2) and (5) shall apply mutatis mutandis to paragraph (1). <Amended on Jan. 16, 1976> |
| (3) | Within 60 days from the date of receiving an application for authorization for merger between school foundations prescribed in Article 36 (3) of the Act, the Minister of Education shall give notice to the relevant applicant as to whether the authorization is to be granted or the reasons for delay in processing the relevant application. <Newly Inserted on Mar. 13, 2018> |
| Article 17 (School Foundations Eligible for Support from the State) |
| (1) | Subsidies or support the State provides in order to subsidize private school education pursuant to Article 43 (1) of the Act shall be granted or rendered to any of the following school foundations: <Amended on Jul. 19, 1990> |
| 1. | A school foundation which establishes and operates a vocational school; |
| 2. | A school foundation which establishes and operates a particular department or school required by the State; |
| 3. | A school foundation which has financial difficulty in operating a school due to a natural disaster or any other disaster; |
| 4. | A school foundation which establishes and operates a special school; |
| 5. | Any other school foundation deemed to have particular need for support from the State. |
| (2) | Matters necessary for the subsidies or support referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Education. <Amended on Jul. 19, 1990; Feb. 1, 1991; Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013> |
| Article 18 (Management of Records of Dissolved School Foundations) |
| (1) | "Records in custody that are prescribed by Presidential Decree, such as school registers and data related to the organization, accounting, and budget" in the provisions, with the exception of the subparagraphs, of Article 48-2 (1) of the Act means the following: |
| 2. | Data related to organization, accounting, and budget; |
| 3. | Other records deemed worth retaining among various records, such as documents, books, ledgers, cards, drawings, audiovisual materials, and electronic documents, produced or received in connection with their affairs. |
| (2) | The detailed scope of records prescribed in paragraph (1) 2 and 3 shall be determined and publicly notified by the Minister of Education. |
| (3) | A person prescribed in the subparagraphs of Article 48-2 (1) of the Act shall submit the records prescribed in the subparagraphs of paragraph (1) to the Minister of Education within three months from the date he or she obtains authorization for dissolution, order for dissolution, or order for closure of the relevant school foundation. |
| (4) | Where the Minister of Education designates the Korea Advancing Schools Foundation as a dedicated institution pursuant to Article 48-2 (2) of the Act, he or she shall transfer the records submitted pursuant to paragraph (3) to the Korea Advancing Schools Foundation without delay. |
| (5) | The Korea Advancing Schools Foundation shall prepare and operate internal regulations necessary to efficiently manage records transferred pursuant to paragraph (4). In such cases, the following matters shall be included in the internal regulations: |
| 1. | Matters concerning the composition and operation of the record management committee to deliberate on important matters concerning the management of records; |
| 2. | Matters concerning the classification of records; |
| 3. | Matters concerning the retention period and method of retaining records; |
| 4. | Matters concerning the disclosure, perusal, and utilization of records; |
| 5. | Matters concerning the discard of records; |
| 6. | Other matters deemed necessary by the Minister of Education for managing records. |
[This Article Newly Inserted on Sep. 25, 2020]
| Article 19 (Application for Authorization for Change of Organization into School Foundation) |
| (1) | An application for authorization for changing an incorporated foundation specified in the Civil Act into a school foundation pursuant to Article 50 of the Act shall be accompanied by the following documents: |
| 1. | A statement of reason for changing the organization; |
| 2. | The (former and current) articles of association; |
| 3. | A copy of the minutes of the board of directors meetings; |
| 4. | The documents specified in Article 4 (1) 3 through 14 (in such cases, "after its establishment" in subparagraph 14 shall be "after change of its organization"). |
| (2) | Article 4 (2) through (5) shall apply mutatis mutandis to paragraph (1). <Amended on Jan. 16, 1976> |
| Article 20 (Registration of Establishment of School Foundation following Change of Organization) |
Where an incorporated foundation specified in the Civil Act changes its organization into a school foundation pursuant to Article 50 of the Act, Article 8 of the Act shall apply to the registration of establishment of the school foundation. In such cases, "permission for its establishment" in Article 8 of the Act shall be "authorization for change of its organization."
| Article 21 (New Employment of Teachers) |
| (1) | The public screening referred to in Article 53-2 (10) of the Act shall be conducted by a person authorized to appoint teachers under paragraph (1) of the same Article. In such cases, the person authorized to appoint teachers may entrust the public screening to the Superintendent of the Office of Education having jurisdiction over the location of the relevant school. <Amended on Aug. 2, 2016; May 28, 2018> |
| (2) | Article 11-3 of the Decree on the Appointment of Educational Officials shall apply mutatis mutandis to qualifications to apply for the public screening referred to in paragraph (1). <Amended on Aug. 2, 2016; Jun. 22, 2021> |
| (3) | Where a person authorized to appoint teachers intends to employ new teachers, he or she shall publicly announce matters concerning the fields of employment, the number of teachers to be employed, their qualifications, etc. through a daily newspaper, website, or any other information and communications media by not later than 30 days prior to the application deadline. <Amended on Aug. 2, 2016> |
| (4) | The public screening referred to in paragraph (1) shall be conducted by a written examination, practical examination, oral examination, etc. and any other matter necessary for implementing the public screening shall be determined by the person authorized to appoint teachers, following deliberation by the relevant teachers' personnel committee. <Amended on Aug. 2, 2016> |
| (5) | Where a person who has applied for a public screening requests for the disclosure of the results, etc. of the screening, the person authorized to appoint teachers shall make public such results, etc. pursuant to Article 9 (1) of the Official Information Disclosure Act, except for the information not subject to disclosure. In such cases, the details of disclosure of the results, etc. of the screening may be prescribed by the article of association or rules. <Amended on Aug. 2, 2016; Feb. 11, 2022> |
| (6) | Notwithstanding paragraph (4), where a person authorized to appoint teachers under Article 19 of the Elementary and Secondary Education Act conducts a written examination by entrusting it to the superintendent of education of the relevant City/Do pursuant to the main clause of Article 53-2 (11) of the Act, he or she shall determine details necessary for the implementation of the written examination, such as the timing and methods thereof. <Newly Inserted on Mar. 22, 2022> |
| (7) | In cases of conducting the open screening, if a person authorized to appoint teachers under Article 19 of the Elementary and Secondary Education Act deems it necessary to replace a written examination with another examination administered by other methods, in consideration of the characteristics of the subject for employment, appropriateness of evaluation methods, etc., he or she need not include the written examination in the open screening with approval from the superintendent of education of the relevant City/Do pursuant to the proviso of Article 53-2 (11) of the Act. <Newly Inserted on Mar. 22, 2022> |
| 1. | Where a school foundation or a private school manager receives no subsidy under Article 35 (5) or 43 (1) of the Act from the State or a local government for the personnel expenses of teachers; |
| 2. | When a school foundation or a private school manager employs a teacher in charge of subjects not included in the written examination of the open screening under Article 11 of the Decree on the Appointment of Educational Officials. |
[This Article Wholly Amended on Jun. 23, 2006]
| Article 22 Deleted. <Jul. 19, 1990> |
| Article 22-2 Deleted. <May 21, 1981> |
| Article 22-3 (Evaluation of Academic Ability) |
| (1) | Where deemed necessary to provide convenience to the person authorized to appoint teachers for a private middle or high school within his or her jurisdiction, the Superintendent of the Office of Education of each City/Do may evaluate the academic ability of persons wishing to be appointed as a teacher for such private middle or high school and may keep a list stating matters on their academic ability. <Amended on Jul. 9, 1986; Jul. 19, 1990; Jun. 23, 2006> |
| (2) | Matters necessary for the scope, method and procedures for evaluating the academic ability, as well as for preparing the list under paragraph (1), shall be prescribed by the relevant educational rule. <Amended on Jul. 19, 1990> |
[This Article Newly Inserted on Nov. 8, 1976]
| Article 23 (Reporting on Appointment of Teachers) |
Where persons authorized to appoint teachers file a report on the appointment of teachers pursuant to Article 54 (1) of the Act, they shall do so in the form prescribed and publicly notified by the Minister of Education: Provided, That reports on the appointment of teachers of schools equal to or lower than high schools may be required to include the documents prescribed and publicly notified by the competent agency. <Amended on Mar. 23, 2013; Aug. 2, 2016> [This Article Wholly Amended on Jan. 28, 2009]
[Title Amended on Aug. 2, 2016]
| Article 24 (Competent Agency's Request for Dismissal from Office or Disciplinary Punishment against Teachers) |
Where the competent agency for a private school requests dismissal from office or disciplinary punishment against any teacher of the private school pursuant to Article 54 (3) of the Act, it shall do so by attaching to the request a document stating the following matters: <Amended on Jul. 19, 1990> | 1. | The person subject to the request for dismissal from office or disciplinary punishment and personal information on him or her; |
| 2. | Distinction between dismissal from office and disciplinary punishment (the type of disciplinary punishment in cases of disciplinary punishment); |
| 3. | The grounds for requesting dismissal from office or disciplinary punishment. |
| Article 24-2 (Notification of Grounds for Restrictions on Voluntary Dismissal from Office) |
| (1) | Where a teacher who has applied for voluntary dismissal from office falls under Article 61-2 (4) 2 of the Act, the relevant teachers' disciplinary committee established under the main clause of Article 62 (1) of the Act shall decide whether to impose disciplinary punishment in preference to other disciplinary cases. <Amended on Feb. 11, 2022> |
| (2) | Upon receipt of a request for verifying whether the relevant teacher is subject to restrictions on voluntary dismissal from office under Article 61-2 (1) 2 of the Act, the head of an audit, inspection, or investigative agency shall notify the person authorized to appoint teachers of the relevant school of the results of verification within 10 days after receipt of such request. <Amended on Feb. 11, 2022> |
[This Article Newly Inserted on Aug. 2, 2016]
[Previous Article 24-2 moved to Article 24-3 <Aug. 2, 2016>]
| Article 24-3 (Standards and Procedures for Granting Permission to Hold Concurrent Offices) |
| (2) | The standards for granting permission to hold concurrent offices under Article 55 (3) of the Act shall be determined by the head of the relevant college based on the clinical curriculum; major and treatment department of a teacher eligible for permission to hold concurrent offices; facilities, conditions, etc. of the hospital referred to in Article 55 (2) of the Act (hereinafter referred to as "cooperative hospital"). In such cases, the number of teachers permitted to hold concurrent offices among teachers of the college shall be determined within the number calculated according to the standards specified in attached Table 1. <Amended on May 28, 2018> |
| (3) | Where the head of a college determines the standards for granting permission to hold concurrent offices pursuant to paragraph (2), he or she shall first hear opinions from the head of the relevant cooperative hospital. |
| (4) | Where the head of a college grants permission to hold concurrent offices pursuant to Article 55 (2) of the Act, he or she shall undergo deliberation by the relevant teachers' personnel committee established pursuant to Article 53-4 of the Act, and the detailed standards and procedures for holding deliberations shall be prescribed by its articles of association. <Amended on Aug. 2, 2016> |
[This Article Newly Inserted on Jul. 24, 2012]
[Moved from Article 24-2; previous Article 24-3 moved to Article 24-4 <Aug. 2, 2016>]
| Article 24-4 (Duties and Remunerations of Teachers Holding Concurrent Offices) |
| (1) | A teacher who concurrently holds an office at a cooperative hospital pursuant to Article 55 (2) of the Act (hereinafter referred to as "teacher holding concurrent offices") shall observe the articles of incorporation of such cooperative hospital and relevant regulations and shall faithfully conduct the affairs of the hospital. |
| (2) | Where any teacher holding concurrent offices violates paragraph (1) or falls under any subparagraph of Article 61 (1) of the Act, the head of the relevant cooperative hospital may require the head of the relevant college to take appropriate measures, such as dismissing him or her from concurrent offices, in accordance with the articles of incorporation of the cooperative hospital or relevant regulations. |
| (3) | Remunerations of a teacher holding concurrent offices shall be paid by the college to which he or she originally belongs, as prescribed by the articles of association. |
| (4) | A cooperative hospital may pay allowances to any teacher holding concurrent offices, as prescribed by the articles of incorporation of the cooperative hospital or relevant regulations. |
[This Article Newly Inserted on Jul. 24, 2012]
[Moved from Article 24-3; previous Article 24-4 moved to Article 24-6 <Aug. 2, 2016>]
| Article 24-5 (Misconduct subject to Dismissal from Position) |
"Misconduct prescribed by Presidential Decree, such as misconduct involving money or goods and sex offenses" in Article 58-2 (1) 4 of the Act means any of the following: | 2. | Embezzling, misappropriating, stealing, swindling, or diverting to any other purpose, any of the following: |
| 5. | An act deemed unfit for maintaining the relevant position due to serious loss of dignity as a teacher. |
[This Article Newly Inserted on Aug. 2, 2016]
[Previous Article 24-5 moved to Article 24-7 <Aug. 2, 2016>]
| Article 24-6 (Status and Treatment of Teachers on Leave of Absence for Childcare) |
With regard to the status and treatment of teachers who take a leave of absence for reasons referred to in Article 59 (1) 7 and 7-2 of the Act, provisions applicable to the teachers of national or public schools who take a leave of absence for the same reasons, such as Article 11 (1) 1 (b) of the Regulations on the Promotion of Public Officials and subparagraph 6 of Article 15 of the Regulations on the Remuneration of Public Officials, etc. shall apply mutatis mutandis. [This Article Newly Inserted on Sep. 25, 2020]
[Previous Article 24-6 moved to Article 24-7 <Sep. 25, 2020>]
[Enforcement Date: Mar. 25, 2022] The amended provisions of Article 24-6 regarding the teachers of a kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act
| Article 24-7 (Establishment of Teachers' Disciplinary Committees) |
| (1) | A teachers' disciplinary committee referred to in Article 62 (1) of the Act (hereinafter referred to as "teachers' disciplinary committee") shall be established for each school foundation or private school manager, but may be established separately in the relevant school if the authority to appoint teachers has been delegated to the head of the school pursuant to Article 53-2 (2) of the Act. <Amended on Aug. 2, 2016; Mar. 22, 2022> |
| (2) | The number of members of a teachers' disciplinary committee shall be determined within the following ranges by size of school pursuant to Article 62 (2) of the Act: <Newly Inserted on Mar. 22, 2022> |
| 1. | Schools with less than 200 students: At least five and up to nine members; |
| 2. | Schools with at least 200 students: At least nine and up to eleven members. |
[This Article Wholly Amended on Jul. 19, 1990]
[Title Amended on Mar. 22, 2022]
[Moved from Article 24-6; previous Article 24-7 moved to Article 24-8 <Sep. 25, 2020>]
| Article 24-8 (Chairperson of Teachers' Disciplinary Committee) |
| (1) | The chairperson of a teachers' disciplinary committee shall be appointed from among members of the committee. <Amended on Jul. 19, 1990> |
| (2) | The chairperson of a teachers' disciplinary committee shall represent the committee and administer the overall affairs of the committee. <Amended on Jul. 2, 2019> |
| (3) | The chairperson shall convene and preside over the meetings of the teachers' disciplinary committee. |
| (4) | Where any accident occurs to the chairperson, the oldest person among the committee members shall act on his or her behalf. |
[This Article Newly Inserted on May 21, 1981]
[Moved from Article 24-7; previous Article 24-8 moved to Article 24-9 <Sep. 25, 2020>]
| Article 24-9 (Composition of Disciplinary Deliberative Committee) |
| (1) | Articles 24-8, 24-10, and 24-11 shall apply mutatis mutandis to the chairperson of a disciplinary deliberative committee under Article 62-3 (1) of the Act (hereinafter referred to as the "disciplinary deliberative committee"), the deadline for disciplinary decision, the challenge to members of a disciplinary deliberative committee, etc. In such cases, "teachers' disciplinary committee" shall be construed as "disciplinary deliberative committee". |
| (2) | Except as provided in paragraph (1), matters necessary for the composition, operation, etc. of a disciplinary deliberative committee shall be determined by the chairperson of the relevant disciplinary deliberative committee after resolution by the disciplinary deliberative committee. |
[This Article Newly Inserted on Mar. 22, 2022]
[Previous Article 24-9 moved to Article 24-10 <Mar. 22, 2022>]
| Article 24-10 (Deadline for Disciplinary Decisions) |
| (1) | When the teachers' disciplinary committee is required to make a disciplinary decision pursuant to Article 64 of the Act or to review a disciplinary decision pursuant to Article 66-2 (3) of the Act, it shall make a disciplinary decision within 60 days (30 days where a disciplinary action is taken only on the ground of a misdeed involving sex, such as an act of sexual harassment prescribed in subparagraph 3 (d) of Article 2 of the National Human Rights Commission of Korea Act) from the date it receives such request: Provided, That where any extenuating circumstances exist, the deadline may be extended by up to 30 days only once by resolution of the teachers' disciplinary committee. <Amended on Mar. 19, 2019; Mar. 22, 2022> |
| (2) | Where the proceedings of disciplinary proceedings for cases requiring a disciplinary decision pursuant to Article 64 of the Act or review of a disciplinary decision pursuant to Article 66-2 (3) of the Act are suspended pursuant to Article 66-3 of the Act, the suspended period shall not be included in the period for disciplinary decision prescribed in paragraph (1). <Newly Inserted on Mar. 19, 2019; Mar. 22, 2022> |
[This Article Newly Inserted on May 21, 1981]
[Moved from Article 24-9; previous Article 24-10 moved to Article 24-11 <Mar. 22, 2022>]
| Article 24-11 (Challenge to Members) |
| (1) | Where substantial grounds exist to acknowledge that any member of a teachers' disciplinary committee is likely to participate in adopting an unfair decision, the relevant person subject to disciplinary punishment may explain such fact in writing and file an application for challenge to such member. |
| (2) | Where an application for challenge has been filed pursuant to paragraph (1), a decision on such challenge shall be made by a resolution of the committee. In such cases, the challenged member shall abstain from such resolution. |
| (3) | Where it is impracticable to hold a trial on a disciplinary case because the number of members of the relevant teachers' disciplinary committee present is less than 2/3 of the incumbent members due to the exclusion under Article 63 of the Act or the challenge under paragraph (1), the chairperson of the teachers' disciplinary committee shall request an appointing or commissioning authority to appoint or commission temporary members so that the number of members present can reach at least 2/3 of the incumbent members. <Amended on Aug. 2, 2016> |
[This Article Newly Inserted on Jul. 19, 1990]
[Title Amended on Aug. 2, 2016]
[Moved from Article 24-10 <Mar. 22, 2022>]
| Article 25 (Requests for Disciplinary Decisions on Teachers) |
When requesting a disciplinary decision under Article 64 of the Act or review of a disciplinary decision under Article 66-2 (3) of the Act, a person authorized to appoint teachers at a private school shall attach the following documents to the request for a disciplinary resolution or the request for review of a disciplinary decision: <Amended on Jun. 22, 2021; Mar. 22, 2022> | 1. | A document stating personal information on the disciplinary suspect; |
| 2. | A document stating the type and degree of disciplinary punishment; |
| 3. | A statement of the grounds for disciplinary punishment and a written opinion of the person requesting disciplinary punishment; |
| 4. | An evidentiary document verifying the facts of suspicion related to disciplinary punishment; |
| 5. | A resume of the disciplinary suspect; |
| 6. | A report on performance records. |
| 7. | Where grounds for disciplinary actions fall under acts referred to in subparagraphs 1 through 4 of Article 52 of the Educational Officials Act or sexual harassment under subparagraph 2 of Article 3 of the Framework Act on Gender Equality, a written expert opinion in the attached form prepared by related experts, such as a psychiatrist and psychologist: Provided, That the same shall not apply where, with respect to the grounds for disciplinary action under the main clause, any investigation record, such as a protocol of relevant witness examinations, written statement, etc. on a person under prosecution or the relevant witness, is notified by an investigation agency such as the prosecution and police. |
[Title Amended on Mar. 22, 2022]
| Article 25-2 (Standards for Disciplinary Actions) |
| (1) | Where a teachers' disciplinary committee makes a disciplinary decision pursuant to Article 66 (1) of the Act, it shall comply with standards prescribed by Ordinance of the Ministry of Education, based on the type and degree of any of the acts prescribed in the subparagraphs of Article 61 (1) of the Act, working attitude, performance records, achievements, and degree of repenting of the teacher or staff member for whom a disciplinary decision is requested, details of the request for a disciplinary decision, seriousness of negligence, and other circumstances. |
| (2) | Where a teachers' disciplinary committee makes a resolution on a disciplinary case, it shall, if the person subject to the resolution is any of the following persons, hold not only the person committing a misdeed but also the persons prescribed in the relevant subparagraph responsible: |
| 1. | Where it is a misdeed case where the person subject to resolution takes money and valuables in connection with his or her duties: Supervisors related to the relevant misdeed and persons who propose or arrange the misdeed; |
| 2. | Where it is a misdeed case where the person subject to resolution infringes a student's right to learning due to nonperformance or neglect of duties: Supervisors related to the relevant misdeed. |
| (3) | Notwithstanding paragraph (1), where any misdeed falls under any of the following cases as a misdeed of low degree and caused by negligence, no disciplinary decision shall be made: |
| 1. | Where it is a misdeed recognized to be caused in the course of handling business faithfully and positively, such as improving the procedures and methods of handling business in a creative manner; |
| 2. | Where it is a misdeed caused in the course of conducting business positively and for which expecting to handle the business lawfully is recognized to be very difficult in light of the conditions in which the business is conducted or other social norms; |
| 3. | Where it is a misdeed caused by an incident irrelevant to duties among misdeeds which are not excluded from attenuation prescribed in Article 25-4 (2), and recognized not to inflict an injury to teachers' dignity in light of social norms. |
[This Article Newly Inserted on Oct. 8, 2019]
| Article 25-3 (Standards for Censuring Persons Committing Misdeeds and Supervisors) |
| (1) | A disciplinary decision against persons committing misdeeds and supervisors who are involved in the same case shall be made, based on the nature of business, degree of relevance to business, etc. In such cases, detailed standards for censuring persons committing misdeeds and supervisors shall be prescribed by Ordinance of the Ministry of Education. |
| (2) | Notwithstanding paragraph (1), no disciplinary decision may be made in cases prescribed by Ordinance of the Ministry of Education where a person committing a misdeed or a supervisor falls under any of the following cases: |
| 1. | Where a person committing a misdeed or a supervisor discovers and reports the relevant misdeed or takes a lawful or appropriate measure therefor; |
| 2. | Where it is a misdeed of low degree and caused by slight negligence; |
| 3. | Where it is a misdeed for which expecting a lawful handling is recognized to be very difficult in light of the conditions in which the misdeed is committed and other social norms; |
| 4. | Where it is proved that the supervisor thoroughly supervised. |
[This Article Newly Inserted on Oct. 8, 2019]
| Article 25-4 (Standards for Attenuating Disciplinary Actions) |
| (1) | Where a teacher or a staff member for whom a disciplinary decision under Article 64 of the Act or review of a disciplinary decision under Article 66-2 (3) of the Act is requested has any of the following achievements, the teachers' disciplinary committee may attenuate the disciplinary action: Provided, That where the relevant teacher or staff member has a cause prescribed by Ordinance of the Ministry of Education, such as having been subject to disciplinary disposition, the achievements before such cause occurs shall be excluded from achievements eligible for the attenuation of disciplinary actions: <Amended on Mar. 22, 2022> |
| 2. | Achievement to which the commendation of the Prime Minister or higher position is conferred by the Regulations on Government Commendations [in cases of teachers, achievements to which the commendation of a director of a government office (including the heads of agencies of the vice-minister class) who is the head of a central administrative agency or higher position, or the commendation of the superintendent of the office of education or higher position is conferred] |
| (2) | Notwithstanding paragraph (1), no disciplinary action shall be attenuated in the following cases: <Amended on Feb. 11, 2022> |
| 1. | Where a person becomes subject to a disciplinary action due to a misdeed of which prescription of requests for a disciplinary decision is five years pursuant to Article 66-4 (1) of the Act; |
| 2. | Where a person becomes subject to a disciplinary action due to a misdeed involving the grades of students, such as the leakage of examination questions and manipulation of the grades of students, and a misdeed involving student records, such as the indication of false facts in student records or unjust correction; |
| 5. | Where a person becomes subject to a disciplinary action due to committing a physical, mental and emotional violence towards students; |
| 6. | A misdeed involving personnel affairs, such as new employment, promotion, and transfer to another position; |
| 8. | Where a person becomes subject to a disciplinary action due to concealing intentionally or failing to respond to a misdeed involving sex prescribed in subparagraph 3 which is committed in the institution to which he or she belongs; |
| 9. | Where a person becomes subject to a disciplinary action by inflicting a secondary injury (referring to the release of a victim's personal information, interference with the relief of a victim's rights, violence and abusive language towards victims, other overall unfavorable treatments against the will of victims) on a victim of a misdeed involving sex prescribed in subparagraph 3; |
| 11. | Where a person becomes subject to a disciplinary action due to nonperformance or neglect of duties. |
| (3) | Where a person for whom a disciplinary decision under Article 64 of the Act or review of a disciplinary decision under Article 66-2 (3) of the Act is requested is recognized to have committed the misdeed by negligence in the course of handling business in a faithful and positive manner or have committed a misdeed caused by an incident irrelevant to his or her duties among misdeeds which are not eligible for the attenuation of disciplinary actions prescribed in paragraph (2), the teachers' disciplinary committee may attenuate the disciplinary action in consideration of the extenuating circumstance. <Amended on Mar. 22, 2022> |
| (4) | Detailed standards for attenuating disciplinary actions prescribed in paragraphs (1) and (3) shall be prescribed by Ordinance of the Ministry of Education. |
[This Article Newly Inserted on Oct. 8, 2019]
| Article 26 (Instructions on Preparing Written Disciplinary Decisions) |
The written disciplinary decision referred to in Article 66 (2) or 66-2 (4) of the Act shall expressly specify, as the grounds therefor, the facts that have caused disciplinary punishment, the decision on evidence, and applicable statutes and regulations. <Amended on Oct. 8, 2019; Mar. 22, 2022>
| Article 27 (Principles of Management of Assigned Positions) |
| (2) | "Period prescribed by Presidential Decree" in Article 66-6 (1) of the Act means a period classified as follows: <Amended on Feb. 11, 2022> |
| 1. | Dismissal and removal: 10 years; |
| 3. | Suspension from office: Seven year; |
| 4. | Salary reduction and reprimand: Five years. |
[This Article Newly Inserted on Jun. 22, 2021]
| Article 27-2 (New Employment of Clerical Personnel) |
| (1) | The open screening referred to in Article 70-3 (1) of the Act shall be conducted by a person who has the authority to appoint clerical personnel (hereafter in this Article referred to as "person who has the authority to appoint clerical personnel") under Article 70-2 (2) of the Act. |
| (2) | A person who has the authority to appoint clerical personnel may conduct the open screening process under paragraph (1) by entrusting such to the superintendent of education of the relevant City/Do. |
| (3) | No person who is not eligible to be appointed as clerical personnel pursuant to Article 70-3 (3) of the Act shall be eligible to take the open screening under paragraph (1). In such cases, whether the applicant is disqualified shall be determined based on the scheduled date of the final examination of the relevant public screening. |
| (4) | When a person who has the authority to appoint clerical personnel conducts the open screening under paragraph (1), he or she shall publicly announce matters concerning the areas of employment, the number of persons employed, qualifications for application, etc. on the website, etc. of the relevant City/Do office of education and of schools by not later than 20 days before the deadline for application. |
| (5) | The open screening referred to in paragraph (1) shall be conducted by means which can objectively assess the competence in the field of duty to be employed, such as written examinations, examinations of practical skills, interviews, and document screening. |
| (6) | Where a person who has applied for the open screening prescribed in paragraph (1) requests the disclosure of the screening results, etc., the person who has the authority to appoint clerical personnel shall disclose such results, except for information that need not be disclosed pursuant to Article 9 (1) of the Official Information Disclosure Act. In such cases, details necessary for the disclosure of screening results, etc. may be prescribed by the articles of association or rules. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for administering the open screening of clerical personnel shall be determined by a person who has the authority to appoint clerical personnel. |
[This Article Newly Inserted on Feb. 11, 2022]
| Article 28 (Delegation of Authority) |
The Minister of Education shall delegate any of the following authority concerning school foundations referred to in Article 4 (1) 2 of the Act to the Superintendent of the Office of Education of a City/Do pursuant to Article 71 of the Act: <Amended on Jul. 5, 2012; Mar. 23, 2013> | 6. | Holding a hearing pursuant to Article 47-2 of the Act (limited to matters delegated pursuant to subparagraph 5). |
[This Article Wholly Amended on Jun. 9, 2011]
| Article 28-2 (Persons Subject to Reporting of Private Interests) |
A private school manager, an executive officer or an employee of a school foundation, or the principal, a teacher, or a staff member of a private school (hereinafter referred to as "person working for a private school institution") shall report the relevant fact to a person prescribed by the articles of association or rules, in any of the following cases pursuant to Article 72-5 (2) 3 of the Act: Provided, That where a person working for a private school institution performs simple affairs prescribed by the articles of association or rules, he or she need not report such: | 1. | Where a person working for a private school institution himself or herself is a person in connection with the duties (hereinafter referred to as "person in connection with the duties") specified in the items of Article 72-5 (2) 1 of the Act; |
| 2. | If a relative (referring to a relative defined in Article 767 of the Civil Act) within the fourth degree of relationship of a person working for a private school institution is a person in connection with the duties; |
| 3. | Where a corporation or organization for which a person working for a private school institution himself or herself worked within two years is a person in connection with the duties; |
| 4. | Where a corporation or organization for which a person working for a private school institution himself or herself or his or her family member (referring to a family member under Article 779 of the Civil Act) currently serves as an executive officer, employee, or outside director is a person in connection with the duties; |
| 5. | Where a person working for a private school institution himself or herself or his or her family member acts on behalf of a person in connection with the duties; provides advice or consulting, etc. for a person in connection with the duties; or belongs to a corporation or organization that acts as a proxy or provides advice or consulting, etc. for such person; |
| 6. | Where a corporation or organization whose certain percentage of shares, equity, capital, etc. prescribed by the articles of association or rules are owned by a person working for a private school institution himself or herself or his or her family members is a person in connection with the duties; |
| 7. | Where a person who is deemed to be in a relationship impracticable to perform his or her duties in a fair manner as prescribed by the articles of association or rules is a person in connection with the duties. |
[This Article Newly Inserted on Mar. 22, 2022]
[Previous Article 28-2 moved to Article 28-3 <Mar. 22, 2022>]
| Article 28-3 (Processing of Personally Identifiable Information) |
| 1. | Affairs concerning reports on appointment and requests for dismissal, etc. referred to in Article 54 of the Act; |
[This Article Newly Inserted on Aug. 6, 2014]
[Moved from Article 28-2; previous Article 28-3 moved to Article 28-4 <Mar. 22, 2022>]
| Article 28-4 (Re-Examination of Regulation) |
The Minister of Education shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Mar. 3, 2020; Mar. 22, 2022>
| 1. | Recommendation, appointment, etc. of open-type directors prescribed in Article 7-2: January 1, 2022; |
| 2. | Detailed criteria for revoking approval for executive officers' taking office without a request for correction under Article 9-2: January 1, 2022; |
| 3. | Scope of educational experience under Article 9-4: January 1, 2022; |
| 4. | Disposal, etc. of fundamental property referred to in Article 11: January 1, 2017; |
| 5. | Scope, etc. of property prohibited from disposal referred to in Article 12: January 1, 2017; |
| 6. | Exceptions to written examinations to be conducted when teachers are newly employed under Article 21 (7) and (8), and exceptions to implementation of examinations entrusted to the superintendent of education of the relevant City/Do: March 25, 2022. |
[This Article Wholly Amended on Dec. 30, 2016]
[Moved from Article 28-3 <Mar. 22, 2022>]
| Article 29 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines referred to in Article 74 (1) through (4) of the Act shall be as prescribed in attached Table 2. <Amended on Mar. 19, 2019; Mar. 10, 2020> [This Article Wholly Amended on May 28, 2018]
| Article 30 Deleted. <Jul. 22, 2013> |
ADDENDUM <Presidential Decree No. 4396, Dec. 4, 1969>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 7952, Jan. 16, 1976>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 8276, Nov. 8, 1976>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) An appraisal of property of a school foundation a financial institution has conducted as at the time this Decree enters into force shall be deemed an appraisal thereof conducted by an appraisal business entity pursuant to the Act on Appraisal. |
ADDENDUM <Presidential Decree No. 9347, Feb. 24, 1979>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 10319, May 21, 1981>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) A school foundation without an auditor who is a certified public accountant as at the time this Decree enters into force among school foundations specified in Article 9-2 shall appoint one of its auditors from among persons qualified as a certified public accountant, within 60 days from the date this Decree enters into force. |
ADDENDUM <Presidential Decree No. 11304, Dec. 30, 1983>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 11945, Jul. 9, 1986>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Audit of Open Colleges) With respect to school foundations which establish and operate an open college, the amended provisions of Article 9-2 shall begin to apply from the first auditor appointed after this Decree enters into force. |
ADDENDA <Presidential Decree No. 12781, Aug. 18, 1989>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 13057, Jul. 19, 1990>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Heads of District Offices of Education) "Head of a district office of education" in this Decree shall be construed as "superintendent of an office of education" until the head of a district office of education for each local government is appointed. |
ADDENDA <Presidential Decree No. 13282, Feb. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 13389, Jun. 19, 1991>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDUM <Presidential Decree No. 13855, Feb. 23, 1993>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 15455, Aug. 9, 1997>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15575, Dec. 31, 1997>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1998. |
| (2) | (Time Limit for Application) The amended provisions of Articles 15-2 through 15-4 shall apply only where an application for authorization for the dissolution of a school foundation is filed by December 31, 2006. <Amended by Presidential Decree No. 17085, Dec. 30, 2000; Presidential Decree No. 18360, Apr. 6, 2004> |
ADDENDUM <Presidential Decree No. 15922, Nov. 3, 1998>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 9-3 shall enter into force on January 1, 2000.
ADDENDUM <Presidential Decree No. 17085, Dec. 30, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 17556, Mar. 30, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17854, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18360, Apr. 6, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18690, Jan. 29, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 30, 2005.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19546, Jun. 23, 2006>
This Decree shall enter into force on July 1, 2006: Provided, That the amended provisions of Article 21 shall enter into force on March 1, 2007.
ADDENDA <Presidential Decree No. 20362, Nov. 5, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Statutes and Regulations)
The provisions concerning the method, etc. of appointing temporary directors of a school foundation shall be repealed.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 20798, Jun. 5, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21215, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21274, Jan. 28, 2009>
This Decree shall enter into force one month after the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22971, Jun. 9, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Delegation of Authority)
Notwithstanding the amended provisions of Article 28, the former provisions shall apply where administrative procedures are in progress in connection with any delegated affairs changed under the amended provisions of Article 28 as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 23936, Jul. 5, 2012>
This Decree shall enter into force on July 27, 2012.
ADDENDUM <Presidential Decree No. 23974, Jul. 24, 2012>
This Decree shall enter into force on July 27, 2012.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24665, Jul. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 24, 2013.
Article 2 (Transitional Measures concerning Expansion of School Foundations Required to Appoint Certified Public Account as Auditor)
Notwithstanding the amended provisions of the proviso to Article 9-4, the former provisions shall apply to a school foundation, which has not appointed a person qualified as a certified public accountant as its auditor under the former provisions, until it appoints an auditor due to the expiration of the term of office, etc. of an auditor after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25407, Jun. 30, 2014>
This Decree shall enter into force on July 1, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27416, Aug. 2, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016: Provided, That the amended provisions of Article 24-10 (3) shall enter into force on August 30, 2016. Article 2 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28697, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force one month after the date of its promulgation.
Article 2 Omitted.
Article 3 (Applicability to Amendment of the Enforcement Decree of the Private School Act) | (1) | The amended provisions of Article 11 (6) of the Enforcement Decree of the Private School Act shall apply to applications for permit for or reports on selling, donating, or exchanging fundamental property of a school foundation prescribed in Article 28 (1) of the Private School Act; providing fundamental property of a school foundation as security; changing the purpose of fundamental property of a school foundation; or bearing any obligation or waiving any rights concerning fundamental property of a school foundation, filed after this Decree enters into force. |
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 28903, May 28, 2018>
This Decree shall enter into force on May 29, 2018.
ADDENDUM <Presidential Decree No. 28946, Jun. 5, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28997, Jun. 26, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Hearing Opinions)
The amended provisions of Article 9-6 (4) and (5) shall also apply to deliberations by the Medication Committee prescribed in Article 25-3 (1) of the Act underway as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 29623, Mar. 19, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2019.
Article 2 (Transitional Measures, etc. concerning Time Limit of Disciplinary Decisions)
| (1) | Notwithstanding the amended provisions of the main sentence of Article 24-8 (1), cases where a teachers' disciplinary committee is requested to make a disciplinary decision before this Decree enters into force shall be governed by the main sentence of former provisions of Article 24-8. |
| (2) | The amended provisions of Article 24-8 (2) shall also apply to cases where a teachers' disciplinary committee is requested to make a disciplinary decision before this Decree enters into force. |
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. <Proviso Omitted>
ADDENDUM <Presidential Decree No. 30108, Oct. 8, 2019>
This Decree shall enter into force on October 17, 2019.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 30514, Mar. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 4 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
No disposition for imposing administrative fines for any violation committed before this Decree enters into force shall be included in calculating the number of violations prescribed in the amended provisions of subparagraph 2 (f) of attached Table 5.
ADDENDA <Presidential Decree No. 31049, Sep. 25, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2020: Provided, That the amended provisions of Articles 4 (1) 10, 7-2 (5), 8-3 (1), 9-2 (1) 2 and 3, and 10-6 shall enter into force on the date of its promulgation; and the part concerning teachers of kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act, shall enter into force on March 25, 2022. Article 2 (Transitional Measures concerning Qualifications of Open-Type Directors)
Notwithstanding the amended provisions of Article 7-2 (5) under the proviso of Article 1 of the Addenda, the previous provisions shall apply to the qualification requirements for the open-type director appointed before such amended provisions enter into force until the term of the relevant open-type director ends. Article 3 (Transitional Measures concerning Period of Disclosure of Minutes)
Where the minutes of the board of directors are published on the website of the relevant school before the amended provisions of Article 8-3 (1) enter into force pursuant to the proviso of Article 1 of the Addenda, the previous provisions shall apply to the period of disclosure notwithstanding the said amended provisions. Article 4 (Transitional Measures concerning Detailed Standards for Revoking Approval for Executive Officer's Assumption of Office without Request for Correction)
Notwithstanding the amended provisions of Article 9-2 (1) 2 and 3 before the enforcement date of the amended provisions of Article 9-2 (1) 2 and 3 under the proviso of Article 1 of the Addenda, the previous provisions shall apply to revocation of approval for taking office of an executive officer on the ground of malpractices in accounting, embezzlement or breach of duty of such executive officers.
ADDENDA <Presidential Decree No. 31176, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (General Applicability to Insurance Premiums)
This Decree shall begin to apply to a public announcement, publication, disclosure, or public notice made after this Decree enters into force.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31787, Jun. 22, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2021.
Article 2 (Applicability to Attachment of Expert Opinion Letters)
The amended provisions of subparagraph 7 of Article 25 shall begin to apply where a request for a disciplinary resolution is made after this Decree enters into force.
ADDENDA <Presidential Decree No. 32352, Jan. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2022.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 32410, Feb. 11, 2022>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 10 (2), 12-2, 27 (2) 2, and 27-2 and subparagraph 2 (a) of attached Table 2 shall enter into force on February 11, 2022.
ADDENDUM <Presidential Decree No. 32546, Mar. 22, 2022>
This Decree shall enter into force on March 25, 2022.