CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure that a high-quality distance education is provided by education institutions by prescribing fundamental matters regarding distance education and matters regarding the responsibilities of education institutions and support of the State, etc. for distance education, and to contribute to leading the change of future education by supporting the innovation of digital-based education through distance education.
The terms used in this Act are defined as follows:
| 1. | The term "education institution" means any of the following schools, etc.: |
| (e) | A school of each level established under other statutes or regulations; |
| 2. | The term "information and communications media" means a means to search, collect, store, process, transmit, and receive information and to provide services by wire, wireless, optic, or other methods, including telecommunications facilities under subparagraph 2 of Article 2 of the Telecommunications Business Act, broadcasting communications facilities defined in subparagraph 3 of Article 2 of the Framework Act on Broadcasting Communications Development, computers, postal items, or the like; |
| 3. | The term "distance education" means any and all educational activities performed by an education institution (including those operated jointly by multiple education institutions) without having temporal or spatial restrictions, using intelligent information technologies (referring to intelligent information technology defined in subparagraph 4 of Article 2 of the Framework Act on Intelligent Informatization) and information and communications media; |
| 4. | The term "distance education content" means data or information related to codes, letters, figures, colors, voices, sounds, images, video clips, and the combination thereof, which are used for distance education. |
| Article 3 (Basic Principles) |
| (1) | The head of an education institution may operate distance education where necessary for the purpose of education. |
| (2) | The head of an education institution shall endeavor to provide students with a high-quality education in operating distance education alone or together with face-to-face education. |
| (3) | The head of an education institution shall ensure the following in operating distance education: |
| 1. | Ensuring that students are not discriminated against on the grounds of physical or mental disability, living standards, nationality, or the like; |
| 2. | Ensuring that students and their protectors including parents are able to present their opinions in connection with the operation of distance education; |
| 3. | Ensuring that the expertise of faculty is respected in relation to the operation of distance education. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments [referring to the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, Special Self-Governing Provinces, Sis, Guns and Gus (referring to autonomous Gus; hereinafter the same shall apply), and Offices of Education of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces; hereinafter the same shall apply) shall take budgetary measures necessary for formulating and implementing policies on distance education and promoting policies to enhance the quality of distance education. |
| (3) | The State and local governments shall, in response to future changes, endeavor to raise public awareness of the effects and necessity of digital-based distance education and to develop digital capabilities for each life cycle stage of citizens. |
| Article 5 (Relationship to Other Statutes) |
The enactment or amendment of other statutes related to distance education shall be in conformity with this Act.
CHAPTER II DISTANCE EDUCATION BY SCHOOLS
| Article 6 (Standards for Schools to Operate Distance Education) |
| (1) | The head of any of the following education institutions (hereinafter referred to as "school, etc.") shall, when operating distance education, comply with the operation standards determined by the superintendent of education within the scope determined by the Minister of Education: |
| 1. | An education institution provided in subparagraph 1 (a) and (b) of Article 2; |
| (3) | The head of a school, etc. upon receipt of an order under paragraph (2) shall operate distance education unless there is a compelling reason not to do so. |
| Article 7 (Infrastructure for Schools to Provide Distance Education) |
| (1) | The Minister of Education and the superintendent of education may support the following matters, as prescribed by Presidential Decree, in order to establish infrastructure for schools, etc. to provide distance education: |
| 1. | The establishment and operation of a distance education system using digital information and communications media; |
| 2. | The development and dissemination of distance education content; |
| 3. | Teaching aids and equipment, such as educational information and communications devices, and facilities (including maintenance expenses) such as information and communications networks, which are necessary for distance education; |
| 4. | The placement of supporting staff to facilitate distance education; |
| 5. | Any other matters necessary for schools, etc. to provide distance education. |
| (2) | The Minister of Education and the superintendent of education may consult with the head of a relevant central administrative agency, Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) for budgetary support or the provision of teaching aids, equipment, and facilities necessary for establishing infrastructure for schools, etc. under paragraph (1) to provide distance education. |
| (3) | The Minister of Education may determine and publish the recommended standards for educational information and communications devices under paragraph (1) 3 in consultation with the heads of relevant central administrative agencies, where necessary for schools, etc. to provide distance education. |
| Article 8 (Linkage with Education of Schools) |
| (1) | The heads of schools, etc. may operate various digital-based curricula in schools, etc., using distance education infrastructure. |
| (2) | The Minister of Education and the superintendents of education may formulate and implement policies necessary to promote the curricula referred to in paragraph (1). |
| Article 9 (Support for Alternative Learning) |
| (1) | The head of a school, etc. shall endeavor to enable students to participate in distance education and, if there is any unavoidable circumstance preventing students from participating in distance education, shall provide support for alternative learning. |
| (2) | The head of a school, etc. may provide separate educational support, such as supplementary learning, if necessary for education in connection with the operation of distance education. |
| Article 10 (Digital Media Literacy Education) |
| (1) | The head of a school, etc. shall conduct digital media literacy education, etc. including the following matters to enable students’ self-directed participation in distance education: |
| 1. | Enhancing the ability to access and utilize digital media; |
| 2. | Enhancing the understanding of and the ability to criticize digital media; |
| 3. | Improving social participation through digital media; |
| 4. | Enhancing democratic communication abilities through digital media. |
| Article 11 (Distance Education Curricula on School Subjects, Special Skills, and Aptitudes) |
Schools, etc. (excluding education institutions specified in subparagraph 1 (a) of Article 2) may operate programs, etc. on school subjects, special skills, and aptitudes, in addition to regular curricula.
CHAPTER III DISTANCE EDUCATION BY UNIVERSITIES
| Article 12 (Standards for Universities to Operate Distance Education) |
The standards for any of the following education institutions (hereinafter referred to as “university, etc.”) to operate distance education shall be prescribed by school regulations within the scope determined by the Minister of Education:
| 1. | Education institutions defined in subparagraph 1 (c) of Article 2; |
| 2. | Education institutions that confer degrees from among education institutions referred to in subparagraph 1 (d) and (e) of Article 2. |
| Article 13 (Duty of Universities to Cooperate in Distance Education) |
| (1) | The head of a university, etc. shall endeavor to exchange information related to distance education, jointly develop distance education content, exchange credits, and share infrastructure provided in Article 15 (1), with the heads of other domestic or foreign universities, etc. |
| (2) | The head of a university, etc. may operate various distance education courses through open lectures to promote lifelong education, thereby contributing to the society. |
| Article 14 (Distance Education Management Committee of Universities) |
| (1) | The head of a university, etc. shall establish a distance education management committee comprised of faculties, students, experts, and others in order to facilitate the operation and management of distance education. |
| (2) | Matters necessary for the composition and operation of a distance education management committee under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 15 (Infrastructure for Universities to Provide Distance Education) |
| (1) | The head of a university, etc. shall take measures necessary for the establishment and operation of distance education infrastructure, such as teaching aids, equipment, and facilities, to enhance the quality of distance education, as prescribed by Presidential Decree. |
| (2) | The State and local governments may provide the following support for distance education operated by universities, etc.: |
| 1. | Developing distance education content and related technologies; |
| 2. | Constructing facilities necessary for developing distance education content; |
| 3. | Other matters prescribed by Presidential Decree. |
| (3) | The State and local governments may provide contributions to cover expenses incurred in supporting distance education operated by universities, etc. under paragraph (2) within the budget. |
| Article 16 (Support for Universities in Distance Research) |
The Minister of Education may provide support necessary for faculties (including researchers) of universities, etc. to remotely conduct research.
CHAPTER IV CREATING ENVIRONMENT FOR PROMOTION OF DISTANCE EDUCATION
| Article 17 (Managing Quality of Distance Education Content) |
| (1) | The head of an education institution shall endeavor to maintain quality of distance education content provided by the relevant education institution at a stable level and to secure an appropriate level of quality thereof. |
| (2) | The Minister of Education may formulate and promote policies necessary for the quality management of distance education content, such as quality diagnosis, evaluation, and support for improvement. |
| Article 18 (Statistical Surveys on Distance Education) |
| (1) | The Minister of Education shall conduct a statistical survey on distance education every year in order to collect basic data for the efficient implementation of distance education policies and distance education research and shall disclose the results thereof. |
| (3) | Matters necessary for those subject to, and procedures for, statistical surveys on distance education and disclosure of the results thereof under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 19 (Processing of Distance Education Data) |
| 1. | Supporting customized learning so as to improve the level of achievement of students; |
| 2. | Developing curricula and improving teaching and learning methods to enhance the quality of distance education provided by education institutions; |
| 3. | Other cases prescribed by Presidential Decree which are necessary to formulate and improve educational policies and efficiently execute and manage educational administration. |
| (2) | Distance education data that may be processed under paragraph (1) shall be as follows: |
| 1. | The amount of learning, learning time, and rate of progress of students in distance education courses; |
| 2. | Tasks performed by students in distance education courses and the evaluation results of such tasks; |
| 3. | Other matters prescribed by Presidential Decree in regard of students’ learning in distance education courses. |
| (3) | Data processed under paragraph (2) may be used without consent of the data subject only when they are anonymized if data anonymization is possible or only when pseudonymized under subparagraph 1-2 of Article 2 of the Personal Information Protection Act if it is impossible to attain the purpose through data anonymization. |
| (4) | Matters necessary for procedures for collecting distance education data provided in paragraphs (1) through (3), managing entities, and the scope of use thereof, and the other necessary shall be prescribed by Presidential Decree. |
| Article 20 (Protection of Personal Information) |
| (1) | No information on any individual, corporation, or organization examined by or provided to the State, a local government, a public institution under Article 4 of the Act on the Management of Public Institutions, a corporation, an organization, or an individual in the course of distance education shall be processed, except as provided in this Act or other relevant statutes. |
| (2) | The Minister of Education and the superintendent of education shall formulate policies necessary for protecting the personal information of faculties and students in the process of operating distance education. |
| Article 21 (Creating Environment for Faculties to Be Dedicated to Distance Education) |
The Minister of Education, the superintendent of education, and the heads of universities, etc. may render support necessary for faculties of education institutions so that they can be dedicated to delivering a high-quality distance education.
| Article 22 (Designation and Operation of Institutions Specializing in Distance Education) |
| (1) | In order to efficiently conduct the duties under this Act, the Minister of Education may designate an institution specializing in distance education (hereafter in this Article referred to as "specialized institution") and entrust it with such duties. |
| (2) | A specialized institution shall perform all or some of the following duties: |
| 1. | Matters regarding support for groups disadvantaged in distance education under Article 4 (2); |
| 2. | Matters regarding infrastructure support for education institutions to provide distance education; |
| 3. | Matters regarding the quality control of distance education content; |
| 4. | Matters regarding statistical surveys on distance education; |
| 5. | Matters regarding the processing and analysis of distance education data; |
| 6. | Matters regarding the protection, etc. of personal information of faculties and students; |
| 7. | Other duties designated or requested by the Minister of Education. |
| (3) | The Minister of Education may subsidize expenses necessary for performing the duties entrusted under paragraph (1). |
| (4) | If a specialized institution falls under any of the following subparagraphs, the Minister of Education may revoke the designation thereof: Provided, That he or she shall revoke such designation in cases falling under subparagraph 1: |
| 1. | Where the specialized institution has obtained the designation by fraud or other improper means; |
| 2. | Where the specialized institution ceases to meet the standards for designation prescribed in paragraph (6). |
| (5) | Where the Minister of Education intends to revoke a designation under paragraph (4), he or she shall hold a hearing. |
| (6) | The standards and procedures for designating a specialized institution under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 23 (Cooperation with Private Sector and Other Countries) |
| (1) | The Minister of Education may perform the following duties, etc. through cooperation with the private sector and other countries (including international organizations) related to distance education: |
| 1. | Supporting the exchange of information and human resources (including education and training) in relation to distance education; |
| 2. | Investigating and researching specialized distance education technologies; |
| 3. | Supporting the development, application, and operation of technologies related to building an industrial ecosystem for distance education; |
| 4. | Promoting joint projects and building cooperation systems related to distance education; |
| 5. | Other matters regarding cooperation with the private sector and other countries necessary for the promotion of distance education. |
| (2) | The State and local governments may fully or partially subsidize the expenses incurred in promoting duties related to cooperation under paragraph (1), within the budget. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 24 (Request for Cooperation of Relevant Administrative Agencies) |
| (1) | If necessary to enforce this Act, the Minister of Education may request the heads of relevant administrative agencies or the heads of other relevant institutions and organizations to provide data and present their opinions, etc. |
| (2) | A person upon receipt of a request for cooperation under paragraph (1) shall comply with such request, unless there is a compelling reason not to do so. |
| Article 25 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Education may delegate part of his or her authority under this Act to the superintendent of education or the head of a relevant central administrative agency, as prescribed by Presidential Decree. |
| (2) | The Minister of Education or the superintendent of education may delegate part of his or her authority under this Act to the head of a relevant agency, corporation, or organization, as prescribed by Presidential Decree. |
ADDENDUM <Act No. 18459, Sep. 24, 2021>
This Act shall enter into force six months after the date of its promulgation.