ENFORCEMENT DECREE OF THE SCHOOL MEALS ACT
Wholly Amended by Presidential Decree No. 19837, Jan. 19, 2007
Amended by Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21328, Feb. 25, 2009
Presidential Decree No. 21676, Aug. 6, 2009
Presidential Decree No. 22233, jun. 29, 2010
Presidential Decree No. 22625, Jan. 17, 2011
Presidential Decree No. 22843, Apr. 5, 2011
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 24876, Nov. 22, 2013
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 31421, Jan. 29, 2021
Presidential Decree No. 32547, Mar. 22, 2022
Presidential Decree No. 32720, jun. 28, 2022
The purpose of this Decree is to regulate the matters delegated by the School Meals Act and those necessary for its enforcement.
| Article 2 (Principle of Operating School Meal Services) |
| (1) | In principle, school meal services shall provide staple foods, side dishes, etc. that meet the nutrition management standards pursuant to Article 11 (2) of the School Meals Act (hereinafter referred to as the "Act") at lunchtime (supper time for special classes and schools affiliated with industrial enterprises for working youth pursuant to subparagraph 2 of Article 4 of the Act) of school days. |
| 1. | Matters regarding the method of providing meal services, schools required to provide meal services and the frequency of meal services, meal service time, detailed nutrition standards, etc.; |
| 2. | Matters regarding the operation plan, budget and settlement of accounts of school meal services; |
| 3. | Matters regarding the place of origin, quality levels, and other detailed quality standards of food materials and approval of use of finished products; |
| 4. | Matters regarding the method of supplying food materials, etc. and the standards for the selection of suppliers; |
| 5. | Matters regarding decision on expenditure and meal charge borne by protectors (referring to persons with parental authority, guardians, or other persons legally obligated to support students; hereinafter the same shall apply); |
| 6. | Matters regarding selection, etc. of the object of assistance in meal charges; |
| 7. | Matters regarding participation and assistance of protectors in meal service activities; |
| 8. | Matters regarding the execution of school milk services; |
| 9. | Other matters the principal of a school recognizes as necessary for the operation of school meal services. |
| Article 2-2 (Kindergartens Required to Provide School Meal Services) |
[This Article Newly Inserted on Jan. 29, 2021]
| Article 3 (Report on Start of School Meal Services) |
| (1) | The principal of a school who intends to provide school meal services pursuant to Article 4 of the Act shall report the start of school meal services to the Minister of Education or the Superintendent of the relevant Office of Education, as prescribed by Ordinance of the Ministry of Education after being equipped with facilities and equipment for meal services under Article 6 of the Act: Provided, That where the meal service is executed, etc. by transporting foods that have been made and processed outside the school because the facilities and equipment for meal services are not equipped in the school, the principal of the school may report the start of school meal services without being equipped with the facilities and equipment for meal services. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where important matters, such as the methods of providing meal services, renovation, enlargement, rebuilding, suspension of operation, shutdown, etc. of facilities and equipment for meal service, have changed after the report on the start of school meal services was made in accordance with paragraph (1), the details thereof shall be reported to the Minister of Education or the Superintendent of the relevant Office of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 4 (Formulation of Plan for Operation of School Meal Services) |
| (1) | The principal of a school shall formulate a plan for the operation of school meal services subject to deliberation by the school governance committee before the start of each school year to manage and operate school meal services. <Amended on Mar. 22, 2022> |
| (2) | The plan for the operation of school meal services under paragraph (1) shall include the matters necessary for the operation and management of school meal services, such as the plan for meal service, management of nutrition, sanitation, food materials, work and budget, guidance on dietary life, etc. |
| (3) | The principal of a school shall report the state of performance of operation plan to the school governance committee at least once a year. |
| Article 5 (Composition of School Meal Services Committee) |
| (1) | A school meal services committee provided in Article 5 (1) of the Act (hereinafter referred to as "school meal services committee") shall be comprised of up to 15 members including a chairperson. <Amended on Jun. 28, 2022> |
| (2) | The deputy superintendent (referring to the first deputy superintendent in cases where there are two or more deputy superintendents) of the Office of Education in each Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "Office of Education in City/Do") shall be the chairperson (hereinafter referred to as "chairperson") of each school meal services committee. <Amended on Jun. 28, 2022> |
| (3) | Members shall be appointed or commissioned by the superintendent of education from among the directors general in charge of school meal services who belong to the Office of Education in City/Do, directors general in charge of assistance to school meal services and directors general in charge of health and sanitation who belong to the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province, principals of schools, students' parents, specialists in the field of school meal services, persons recommended by non-profit, non-governmental organizations pursuant to the Assistance for Non-Profit, Non-Governmental Organizations Act, and other persons deemed necessary by the Superintendent of the Office of Education. <Amended on Jun. 28, 2022> |
| (4) | Every school meal services committee shall have one secretary, who shall be appointed from among the public officials of the Office of Education in City/Do. <Amended on Jun. 28, 2022> |
| Article 6 (Operation of School Meal Services Committee) |
| (1) | The chairperson shall take full control of the duties of the school meal services committee, and shall represent the school meal services committee. |
| (2) | The chairperson shall call meetings of the school meal services committee and shall preside over the meetings. |
| (3) | The meetings of the school meal services committee shall start with the attendance of a majority of members on the roll, and resolutions shall pass with approval of a majority of members present. |
| (4) | The secretary shall perform the duties of the school meal services committee under the order of the chairperson. |
| (5) | The term of office for an entrusted member shall be two years, and he or she may be re-entrusted for one more time only. |
| (6) | Other matters necessary for the operation of the school meal services committee shall be determined by the chairperson through resolution by the school meal services committee. |
| Article 7 (Kinds of and Standards for Facilities and Equipment) |
| (1) | The kinds of and standards for facilities and equipment with which school meal services shall be equipped pursuant to Article 6 (2) of the Act shall be as follows: <Amended on Jul. 2, 2019> |
| 1. | Kitchen: It shall be a facility that does not obstruct students' study as it is separated or isolated from classrooms, however, it shall be in a place convenient for transporting food materials and for distributing foods, and shall be equipped with efficient and safe cooking appliances, refrigerating and freezing facility, cleaning and sterilizing facility, etc.; |
| 2. | Food storing room: It shall be easy to ventilate and prevent moisture, and shall be in a place appropriate to store foods and food materials in a sanitary way, and shall be equipped with mothproof and rat preventing facility; |
| 3. | Meal service management room: It shall be placed near the kitchen and shall be equipped with office equipment, such as computer, etc.; |
| 4. | Amenity: It shall be placed near the kitchen and shall be equipped with necessary wardrobes, shower facilities, etc. in consideration of the number of cooking staff. |
| (2) | The detailed standards for the facilities and subsidiary facilities thereof with which facilities pursuant to paragraph (1) are to be equipped shall be prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 8 (Duties of Nutrition Teachers) |
A nutrition teacher pursuant to Article 7 (1) of the Act shall assist the principal of a school and carry out the following duties: | 1. | Menu planning, selection and inspection of food materials; |
| 2. | Management of sanitation, safety and work, and inspection of foods; |
| 3. | Guidance on dietary life, provision of information thereon and consultation on nutrition; |
| 4. | Guidance and supervision of kitchen staff; |
| 5. | Other matters regarding school meal services. |
| Article 8-2 (Standards for Placement of Teachers in Kindergartens) |
| (2) | From among kindergartens required to have a nutrition teacher under paragraph (1), a kindergarten with less than 200 children currently enrolled may employ one teacher provided in paragraph (1) jointly with another such kindergarten within the jurisdiction of the same district office of education (referring to a district office of education under Article 34 (1) of the Local Education Autonomy Act and Article 80 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply). <Amended on Jun. 28, 2022> |
| (3) | The Superintendent of the relevant Office of Education may require a nutrition teacher assigned to a City/Do office of education or a district office of education to support the management of meal services for kindergartens not required to employ a nutrition teacher under paragraphs (1) and (2) from among private kindergartens required to provide school meal services under subparagraph 1 of Article 4 of the Act and Article 2-2 of this Decree. <Newly Inserted on Jun. 28, 2022> |
| (4) | A nutrition teacher assigned to a City/Do office of education or a district office of education pursuant to Article 7 (3) of the Act shall support the following matters for kindergartens referred to in paragraph (3): <Newly Inserted on Jun. 28, 2022> |
| 1. | Preparation of menu and nutrition management; |
| 2. | Management of sanitation and safety; |
| 3. | Guidance on dietary life and consultation on nutrition; |
| 4. | Other matters deemed necessary by the superintendent of education to manage meal services for kindergartens. |
| (5) | When the superintendent of education assigns a nutrition teacher to a City/Do office of education or a district office of education pursuant to Article 7 (3) of the Act, he or she shall take into account the number of kindergartens, the distance between kindergartens, the number of children enrolled in each kindergarten, etc. <Newly Inserted on Jun. 28, 2022> |
[This Article Newly Inserted on Jan. 29, 2021]
[Title Amended on Jun. 28, 2022]
| Article 9 (Bearing of Operating Cost of Meal Services) |
| 1. | Maintenance cost of the facility and equipment for meal service; |
| 3. | Expenses, such as fuel cost and cost of supplies. |
| (2) | Part of the cost prescribed in paragraph (1) 2 and 3 may be borne by protectors subject to deliberation by the school governance committee. <Amended on Mar. 22, 2022> |
| (3) | The founder and operator of a school shall endeavor to reduce the burden of protectors pursuant to paragraph (2). |
| Article 10 (Standards for Subsidization of Meal Charge) |
| (1) | Where the expenses to be borne by protectors pursuant to Article 9 (1) of the Act are subsidized, the amount and object of such subsidization shall be determined by the relevant superintendent of education after deliberation by the school meal services committee. |
| 2. | Article 9 (2) 3 of the Act: A school located in an area equivalent to the agricultural or fishery area pursuant to subparagraph 1 of Article 3 of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages, which is recognized by the Superintendent of the relevant Office of Education that 70/100 of parents of students are placed in a situation similar to that of the parents of students in agricultural or fishery areas. |
| (3) | The superintendent of education shall provide food materials, etc. to the families of students pursuant to the former part of Article 9 (3) of the Act in the following manner: <Newly Inserted on Jun. 28, 2022> |
| 1. | Having the following centers or companies provide home delivery services for food materials conforming to the quality management criteria under Article 10 of the Act: |
| (b) | Companies that provide food materials or foods manufactured or processed which are necessary for school meal services; |
| 2. | Disbursing gift certificates or vouchers to protectors so that they can purchase or exchange for food materials; |
| 3. | Other methods determined by the superintendent of education, subject to deliberation by a school meal services committee. |
| Article 11 (Extent of Entrustment of Duties) |
| (1) | "Inevitable cases for the given conditions of school meal services" in Article 15 (1) of the Act means the following cases: |
| 1. | Where the facility for school meal services is not prepared due to the spatial, financial grounds, etc.; |
| 2. | Where it is difficult for the principal of a school to directly manage and control school meal services for a long time due to relocation, merger, abolition, etc. of the school; |
| 3. | Where it is inevitable to entrust school meal services, which is determined by the Superintendent of the relevant Office of Education after deliberation by the school meal services committee. |
| (2) | The requirements to be met by school meal service providers pursuant to Article 15 (3) of the Act shall be as follows: <Amended on Aug. 6, 2009> |
| 2. | Where all of the processes of school meal services pursuant to Article 12 (1) of the Act is entrusted to school meal service providers: |
| (3) | Where the principal of a school intends to entrust the duties of school meal services pursuant to Article 15 (1) of the Act, he or she shall entrust a school meal service provider who employs a person having the license necessary to report institutional food service pursuant to Article 88 of the Food Sanitation Act. <Amended on Aug. 6, 2009> |
| Article 12 (Method of Contracting Entrustment of Duties) |
Relevant provisions of the statutes or regulations governing contracts to which the State is a party, or of contracts to which a local government is a party shall apply or apply mutatis mutandis to contracts on the entrustment of school meal services pursuant to Article 15 of the Act.
| Article 13 (Methods and Standards for Assessment of Operations of School Meal Service) |
| (1) | The Minister of Education or the Superintendent of the relevant Office of Education may organize and operate an assessment committee in order to effectively execute the assessment of operations of school meal services pursuant to Article 18 (1) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The standards for the assessment of operations of school meal services pursuant to Article 18 (2) of the Act shall be as follows: |
| 1. | Operation and management of meal services, such as sanitation, nutrition, management, etc. of school meal services; |
| 2. | Guidance on students' diet and consultation on nutrition; |
| 3. | User satisfaction on school meal services; |
| 4. | Drawing up and operation of budget of school meal services; |
| 5. | Other matters recognized as necessary for assessment standards. |
| Article 14 (Facilities Subject to Entry, Inspection, and Collection) |
| 1. | Facilities for school meal services installed within a school; |
| 2. | Manufacturing and processing facilities of the business that supplies food materials or manufactured and processed foods for school meal services. |
| Article 15 (Education of Relevant Public Officials) |
The superintendent of education may execute education to elevate the expertise in inspection and quality of public officials pursuant to Article 19 of the Act.
| Article 16 (Designation and Operation of Meal Service Research Schools) |
The superintendent of education may designate and operate a research school or model school of meal services for the improvement and development of educational effect of school meal services.
| Article 17 (Delegation of Authority) |
Pursuant to Article 20 of the Act, the superintendent of education may delegate the authority to enter, inspect, collect, etc. pursuant to Article 19 of the Act, to request for administrative disposition, etc. pursuant to Article 21 of the Act, to impose and collect administrative fines pursuant to Article 25 of the Act to the head of the relevant district office of education, as prescribed by municipal ordinances. <Amended on Jun. 29, 2010>
| Article 18 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended on Apr. 5, 2011]
ADDENDA <Presidential Decree No. 19837, Jan. 19, 2007>
| (1) | (Enforcement Date) This Decree shall enter into force on January 20, 2007. |
| (2) | (Transitional Measures concerning Report, etc. on Start of School Meal Services) The principal of a school who executes school meal services as at the time this Decree enters into force shall report the start of school meal services pursuant to Article 3 to the Minister of Education and Human Resources Development or the Superintendent of the relevant Office of Education within six months after this Decree enters into force. |
| (3) | (Transitional Measures concerning Posting Staff Exclusively Responsible for School Meal Service) Matters regarding the joint posting of staff members responsible for school meal services who have been posted at the facility of school meal services pursuant to the former provisions as at the time this Decree enters into force shall be governed by the former provisions. |
| (4) | (Relationship with Other Statutes) Where the Enforcement Decree of the School Meals Act and the provision thereof is cited in other statutes as at the time this Decree enters into force, this Decree or the relevant provision of this Decree shall be deemed to have been cited in place of the former provision when there is a provision corresponding thereto in this Decree. |
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. 21328, Feb. 25, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22233, Jun. 29, 2010>
This Decree shall enter into force on September 1, 2010.
ADDENDA <Presidential Decree No. 22625, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22843, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
In the application of the criteria for imposition of administrative fines to any offenses that are committed prior to the enforcement of this Decree, the previous provisions shall prevail, notwithstanding the amended provisions of the attached Table.
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.
ADDENDUM <Presidential Decree No. 24876, Nov. 22, 2013>
This Decree shall enter into force on January 23, 2013.
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. 31421, Jan. 29, 2021>
This Decree shall enter into force on January 30, 2021.
ADDENDA <Presidential Decree No. 32547, Mar. 22, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 32720, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2022.
Article 2 (Special Cases concerning Standards for Kitchen Equipment Following Expansion of Scope of Private Kindergartens Required to Provide School Meals)
Where a private kindergarten with not less than 50 but less than 100 children currently enrolled, which has been established before this Decree enters into force or which has submitted a plan for the establishment of a school under the main clause of Article 15 (2) of the Regulations on the Establishment and Operation of Schools of Various Levels Equal to or Lower than High School as at the time this Decree enters into force, has a cooking room meeting the standards for facilities and equipment for meal services prescribed in Article 17 (4) of the Early Childhood Education Act, it shall be deemed to have a kitchen provided in Article 7 (2).