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ACT ON THE ESTABLISHMENT AND OPERATION OF PRIVATE TEACHING INSTITUTES AND EXTRACURRICULAR LESSONS

[Enforcement Date: Mar. 28, 2008] [Act No. 8989, Mar. 28, 2008, Partial Amendment] Ministry of Education, Science and Technology (Lifelong Learning Policy Division) Tel.: 02-2100-6380~4

Article 1 (Purpose)

The purpose of this Act is to contribute to the promotion of lifelong education, and to prescribe matters pertaining to extracurricular lessons, by providing for matters on the establishment and operation of private teaching institutes to encourage the sound development of private teaching institutes.

[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "private teaching institute" refers to a facility where a private individual teaches a number of learners not less than the number of persons prescribed by Presidential Decree for knowledge, techniques (including skills; hereinafter the same shall apply) and arts for at least 30 teaching days (including where the number of teaching days exceeds 30 days by repeating the curricula; hereinafter the same shall apply), or a facility which is provided for the place of learning for at least 30 days: Provided, that a facility applicable to any of the following items shall be excluded: (a) Schools referred to in the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, and other laws and regulations; (b) Libraries, museums, and science halls;

(c) Facilities such as places of business, which are used for training employees of such business;

(d) Lifelong educational facilities, which are authorized, registered, reported, or notified pursuant to the Lifelong Education Act;

(e) Training facilities for the development of occupational abilities of workers referred to in the Act on the Development of Occupational Abilities of Worker or other facilities established in accordance with other Acts related to lifelong education; and (f) Driving schools referred to in the Road Traffic Act;

2. The term "lesson school" refers to a facility for extracurricular lessons referred to in subsection 4, which is not a private teaching institute;

3. The term "private tutor" means a person who gives extracurricular lessons at his/her residence or a learner's residence, which is a detached house or an apartment house under Article 2 (2) of the Building Act, in exchange for tuition fees;

4. The term "extracurricular lessons" means lessons for knowledge, techniques and arts given to students of elementary, middle, or high schools or schools equivalent thereto or persons preparing for school entrance examinations or examinations for certification of academic achievements: Provided, that lessons applicable to any of the following items shall be excluded:

(a) Lessons given at the facilities referred to in each item of subsection 1 according to the purposes of their establishment;

(b) Lessons given by any of their family members at the same place of registration; and (c) Lessons given as volunteer activities prescribed by Presidential Decree; and

5. The term "learner" means any of following persons: (a) Anyone who takes lessons at any private teaching institutes or lesson schools; (b) Anyone who uses facilities provided as a place of learning for at least 30 days; and (c) Anyone who takes lessons from a private tutor. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 2-2 (Types of Private Teaching Institutes) (1) The types of private teaching institutes shall be as follows:

1. A private teaching institute for school curriculum: A private teaching institute that teaches young children referred to in subsection 1 of Article 2 of the Early Childhood Education Act or persons with any disability applicable to any subsection of Article 15 (1) of the Act on Special Education for Disabled Persons, etc., or teaches the school curriculum pursuant to Article 23 (3) of the Elementary and Secondary Education Act; and

2. A private teaching institute for lifelong education or vocational training: A private teaching institute for lifelong education or vocational training, other than a private teaching institute under subsection 1.

(2) Classification of curriculum by the types of private teaching institutes referred to in section (1) shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 3 (Restrictions on Extracurricular Lessons by School Teachers) Any teacher belonging to any school established under Article 2 of the Elementary and Secondary Education Act, Article 2 of the Higher Education Act, or other Acts shall not give any extracurricular lessons as private tutors. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 4 (Duties of Founder or Operator, etc. of Private Teaching Institutes) (1) A founder or an operator of a private teaching institute (hereinafter referred to as a "founder or operator of a private teaching institute") shall perform his/her duties as a person in charge of lifelong education, such as operating the private teaching institute by self- regulation and creativity and making efforts to provide conveniences, to lessen the students' burdens by collecting fair teaching fees, and to provide equal opportunities for students.

(2) A founder or an operator of a lesson school (hereinafter referred to as an "operator of a lesson school") or a private tutor shall, in giving extracurricular lessons, perform his/her duties as a person in charge of lessons by making efforts to provide conveniences, to lessen their burden by collecting fair lesson fees, and to provide equal opportunities for students.

(3) A founder or an operator of a private teaching institute or an operator of a lesson school shall take necessary safety measures, such as subscribing to an insurance policy or a mutual- aid program in order to compensate for loss of lives or injuries of learners in relation to the operation of a private teaching institute and a lesson school as provided by Municipal Ordinances of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self- Governing Do (hereinafter referred to as the "City/Do"). [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 5 (Purification, etc. of Educational Environment) (1) A founder or an operator of a private teaching institute or an operator of a lesson school shall maintain and manage the educational environment and sanitary facilities of the relevant private teaching institute or teaching school in a clean condition. (2) A founder or an operator of a private teaching institute for school curriculum or an operator of a lesson school shall not establish and operate a private teaching institute for school curriculum or a lesson school in the vicinity of a place of business that may be harmful to the educational environment.

(3) Where a place of business that may be harmful to the educational environment is established in the vicinity of a private teaching institute for school curriculum or a lesson school, the head of the administrative agency who grants permission, authorization, etc. for such business shall consult in advance with the superintendent of the competent office of education.

(4) The scope of the vicinity of a private teaching institute for school curriculum or a lesson school and the types of business that may be harmful to the educational environment referred to in sections (2) and (3) shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 6 (Registration of Establishment and Operation of Private Teaching Institutes) (1) A person who intends to establish and operate a private teaching institute shall register with the Superintendent of the Office of Education, after installation of facilities and equipment referred to in Article 8, as prescribed by Presidential Decree. The same shall apply in the event of changing the matters prescribed by Presidential Decree among registered matters.

(2) The registration of a private teaching institute for school curriculum with lodging facilities may be permitted only when such private teaching institute meets the standards determined by the Municipal Ordinance of the competent City/Do, taking into account the educational conditions of the relevant area, the safety of students, the necessity for lodging facilities, etc. within the scope prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 7 (Conditional Registration of Establishment) (1) When accepting registration of establishment and operation of a private teaching institute referred to in Article 6, the Superintendent of the Office of Education may accept the registration of establishment and operation on the condition that the facilities and equipment referred to in Article 8 shall be installed within a period prescribed by Presidential Decree.

(2) Where a person who has registered pursuant to section (1) fails to install such said facilities and equipment within the prescribed period without justifiable grounds, the Superintendent of the Office of Education shall revoke such registration. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 8 (Standards for Facilities)

A private teaching institute shall install and maintain facilities and equipment necessary for teaching and learning in accordance with the standards for unit facility by teaching curriculum prescribed by the Municipal Ordinance of the relevant City/Do: Provided, that the fire safety facilities of a private teaching institute shall be governed by the laws and regulations related to fire safety.

[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 9 (Disqualifications, etc.)

(1) No person who applies to any of the following subsections shall register establishment or operation of a private teaching institute referred to in Article 6:

1. A person who is incompetent or quasi-incompetent;

2. A person who has not been reinstated after being declared bankrupt;

3. A person who has been sentenced to imprisonment and for whom three years have not yet elapsed from the date on which the execution of the sentence is terminated or the execution of the sentence is exempted, or a person who is under probation period related to such punishment;

4. A person who has been sentenced to a fine in violation of this Act, and for whom one year has not yet elapsed from the date of such sentence;

5. A person whose qualification has been suspended or revoked by a court ruling;

6. A person whose registration for a private teaching institute has been cancelled pursuant to Article 17 (1), and for whom one year has not yet elapsed; and

7. A corporation, any of whose executives applies to any of subsections 1 through 6. (2) Where the founder or operator of a private teaching institute applies to any of the causes referred to in any subsection of section (1), the relevant registration shall lose its validity: Provided, that this shall not apply to the case under section (1) 7, if the relevant corporation replaces such executive with a newly appointed executive within three months from the date such cause occurs.

[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 10 (Report of Suspension or Closure, etc. of Private Teaching Institutes) Where the founder or operator of a private teaching institute intends to suspend operation of the institute for not less than one month or to close it down, he/she shall make a report to the Superintendent of the Office of Education without delay as provided by the Ordinance of the Ministry of Education, Science and Technology.

[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 11 Article 12 (Curriculum)

The curriculum of a private teaching institute shall be determined by the founder or operator of a private teaching institute upon taking into account the learners' need and practicality. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 13 (Instructors, etc.)

(1) Instructors in charge of teaching at private teaching institutes shall meet the qualifications prescribed by Presidential Decree. (2) The founder or operator of a private teaching institute shall post a notice on the instructor's personal information such as age, academic background, major, and experience as provided by the Ordinance of the Ministry of Education, Science and Technology.

(3) The Superintendent of the Office of Education may, if necessary, establish and implement programs for training founders, operators and instructors of private teaching institutes to improve their quality as persons in charge of social education in accordance with the conditions as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 14 (Report, etc. of Establishment and Operation of Lesson Schools) (1) Any person who intends to establish or operate a lesson school shall make a report to the Superintendent of the Office of Education as provided by Presidential Decree. The same shall also apply where he/she intends to change the matters prescribed by Presidential Decree among the reported matters.

(2) A lesson school shall be a place where one operator of a lesson school teaches only one subject at one location.

(3) The qualifications for an operator of a lesson school, location, facilities and equipment of a teaching school, the number of learners, or other necessary matters shall be prescribed by Presidential Decree.

(4) Where the operator of a lesson school intends to suspend operation of the lesson school for not less than one month or to close it down, he/she shall immediately report thereof to the Superintendent of the Office of Education, as provided by the Ordinance of the Ministry of Education, Science and Technology. (5) Any person who has received the disposition of closure of a lesson school pursuant to Article 17 (2) shall not report the same type of lesson school within one year from such disposition as provided by the Ordinance of the Ministry of Education, Science and Technology. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 14-2 (Report etc. by Private Tutors)

(1) A person who intends to provide private extracurricular lessons shall report his/her personal information, the subjects and place of lesson, and lesson fees to the superintendent of the competent office of education having jurisdiction over his/her address under the conditions as prescribed by Presidential Decree. The same shall apply to cases of changing matters prescribed by Presidential Decree among the reported matters: Provided, that this shall not apply to the students (excluding those on leave of absence) attending colleges or universities established under Article 2 of the Higher Education Act or other Acts (including graduate schools) and the schools equivalent thereto. (2) The superintendent of the competent office of education shall, upon receipt of a report on private extracurricular lessons under section (1), issue a certificate of report in accordance with the conditions prescribed by the Ordinance of the Ministry of Education, Science and Technology. (3) A private tutor shall post his/her certificate of report at the place of lesson, or produce it upon the request of learners or their parents.

(4) In the event that a private tutor has lost his/her certificate of report issued pursuant to section (2), or such certificate has become spoilt, he/she may request the superintendent of the competent office of education for reissuance according to the conditions prescribed by the Ordinance of the Ministry of Education, Science and Technology.

(5) In the event that a private tutor ceases to provide private extracurricular lessons, he/she shall report such fact to the superintendent of the competent office of education. (6) The superintendent of the competent office of education may, if deemed necessary, order the adjustment of lesson fees to private tutors according to the conditions as prescribed by Presidential Decree.

(7) The superintendent of the office of education who has received a report or an alteration report under section (1) from a private tutor whose place of lesson is not under his/her jurisdiction shall notify such fact to the superintendent of the office of education having jurisdiction over the place of lesson.

(8) A person who has received an order of suspension of extracurricular lessons pursuant to Article 17 (3) shall not give any extracurricular lesson within one year from the date of receiving such order. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 15 (Lesson Fees, etc.)

(1) A founder or an operator of a private teaching institute or an operator of a lesson school may receive tuition fees, service fees, or lesson fees (hereinafter referred to as the "lesson fees, etc.") from students.

(2) A founder or an operator of the relevant private teaching institute or an operator of the relevant lesson school shall determine the lecture fees, etc., taking into account details of lessons, teaching hours, etc., and post them under the conditions prescribed by the Ordinance of the Ministry of Education, Science and Technology, and, in cases of advertizing for recruiting students through printed materials, internet, etc., the lecture fees, etc. shall be indicated. (3) No founder or operator of a private teaching institute or operator of a lesson school shall post details on lesson fees, etc. falsely, nor collect an amount exceeding the indicated or posted lecture fees, etc.

(4) Where it is deemed that lesson fees, etc. of a private teaching institute for school curriculum or a lesson school determined pursuant to section (2) are excessive, the superintendent of the competent office of education may order an adjustment thereof as provided by Presidential Decree.

[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 16 (Guidance, Supervision, etc.)

(1) The superintendent of the competent office of education shall provide appropriate guidance and supervision to secure the sound development of private teaching institutes, and the soundness of extracurricular lessons provided by lesson schools and private tutors. (2) The superintendent of the competent office of education may determine teaching hours of a private teaching institute for a school curriculum or a lesson school within the scope prescribed by the Municipal Ordinance of the competent City/Do upon consideration of the effects on school lessons, students' health, etc. In this case, the relevant superintendent shall listen to the opinions of parents, related organizations, etc. (3) Where it is deemed necessary, the superintendent of the competent office of education may have a founder or an operator of a private teaching institute or an operator of a lesson school report matters related to lessons such as facilities, equipment, lesson fees, tuition or various kinds of statistical data, or have a related public official enter the relevant facilities to inspect the facilities, equipment, books and records, or other documents, and may place an order for the improvement of facilities, equipment or other necessary orders. (4) The superintendent of the competent office of education may, where deemed necessary, verify various reported matters, such as private tutors' lesson fees, or take other necessary measures.

(5) The relevant public official who enters and inspects the relevant facilities pursuant to section (3) shall carry a voucher indicating his/her authority and produce it to the persons concerned.

[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 17 (Administrative Dispositions)

(1) In the event that a private teaching institute applies to any of the following subsections, the superintendent of the competent office of education may cancel the registration or order suspension of teaching for the whole or part of teaching curricula by specifying a period not exceeding one year: Provided, that where it applies to subsection 1, he/she shall cancel the registration:

1. Where its registration referred to in Article 6 was made by fraudulent or other illegal means;

2. Where a private teaching institute for a school curriculum with lodging facilities fails to meet the standards referred to in Article 6 (2);

3. Where it fails to meet the standards for facilities referred to in Article 8;

4. Where it fails to commence operation for at least two months from the prescheduled date of operation without justifiable grounds;

5. Where its operation is suspended for two months or more without justifiable grounds;

6. Where it is illegally operated, such as by changing registered matters without making a registration of such change;

7. Where it collects an amount exceeding the lesson fees indicated and posted, etc. in violation of Article 15 (3);

8. Where it places exaggerated or false advertisement to recruit students; and

9. Where it violates this Act or an order issued under this Act. (2) Where a lesson school applies to any of the following subsections, the superintendent of the competent office of education may order to close it down or suspend teaching by specifying a period no more than six months: Provided, that where it applies to subsection 1, he/she shall order to close it down:

1. Where it has made a report referred to in Article 14 (1) by fraudulent or other illegal means;

2. Where it is illegally operated, such as by changing reported matters without him/her making a report of such change; and

3. Where it has violated this Act or an order issued under this Act. (3) The superintendent of the office of education may order a private tutor to suspend giving lessons in cases where he/she applies to any of the following subsections: Provided, that the superintendent of the office of education shall order suspension of giving lessons in cases applicable to subsection 1:

1. Where he/she has made a report pursuant to Article 14-2 (1), by fraudulent or other illegal means;

2. Where he/she has provided lessons illegally, such as by changing registered matters without reporting such change; and

3. Where he/she has violated the order of adjustment of lesson fees pursuant to Article 14-2 (6).

[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 18 (Refund, etc. of Lesson Fees, etc.)

(1) In cases where students are unable to attend lessons, or the teaching cannot be continued due to the cancellation of the institute's registration or closure of the lesson school, such founder or operator of such private teaching institute or such operator of the lesson school shall take measures necessary to protect learners, such as refunding lesson fees, etc. that he/she has received from the learners.

(2) Grounds for the refund of the lesson fees, etc. referred to in section (1), the amount of refund, and other necessary matters shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 19 (Measures against Private Teaching Institutes, etc.) (1) Where any person who has founded or operated a private teaching institute or a lesson school without registration or reporting referred to in Article 6 or 14, or where any person who has received a disposition to cancel the registration of a private teaching institute, to close the lesson school down or suspend giving lessons pursuant to Article 17, continues to provide lessons or provide places of learning, the superintendent of the competent office of education may take measures applicable to the following subsections to close down the relevant private teaching institute or lesson school, or to suspend giving lessons, etc.:

1. Removal of the signboards or marks of the relevant private teaching institute or lesson school, or installation of facilities to restrict access by students; or

2. Affixation of notices informing that the relevant private teaching institute or lesson school has not been registered or reported, or has received an administrative disposition under Article 17.

(2)

(3) The measures referred to in section (1) shall be taken within the least extent necessary to achieve the purposes thereof.

(4) A public official who takes measures referred to in section (1) shall carry a voucher indicating his/her authority, and produce it to the persons concerned. [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 20 (Hearing)

Where the superintendent of the competent office of education intends to take measures applicable to any of the following subsections, he/she shall hold a hearing:

1. Cancellation of registration of a private teaching institute referred to in Article 17 (1); and

2. Orders to close down a lesson school referred to in Article 17 (2). [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 21 (Delegation and Entrustment of Authority) (1) Part of the authority of the superintendent of the competent office of education provided for in this Act may be delegated to the head of a district office of education according to the conditions prescribed by Presidential Decree. (2)

(3) The superintendent of the competent office of education may entrust part of the affairs for conducting training plans for founders or administrators of private teaching institutes, or operators of teaching schools referred to in Article 13 (3) to an institution or a corporation related to private teaching institutes according to the conditions as prescribed by Presidential Decree.

Article 22 (Penal Provisions)

(1) Any person who applies to any of the following subsections shall be punished by imprisonment not exceeding one year or a fine not exceeding five million won:

1. A person who has established or operated a private teaching institute without registration referred to in Article 6;

2. A person who has made registration referred to in Article 6 by fraudulent or other illegal means;

3. A person who has established or operated a lesson school without making a report pursuant to Article 14 (1), or has provided private lessons after making a report by fraudulent or other illegal means; and

4. A person who has given extracurricular lessons without a report pursuant to Article 14-2 (1), or by making a report by fraudulent or other illegal means. (2) Any person who has provided extracurricular lessons in violation of Article 3 shall be punished by imprisonment not exceeding one year or a fine not exceeding three million won.

(3) Any person who refuses, obstructs or evades the removal of signboards or marking or the installations of restricted facilities, or who removes or destroys the notices, referred to in the subsections of Article 19 (1), without permission, shall be punished by a fine not exceeding two million won: [This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] Article 23 (Fines for Negligence)

(1) Any person who applies to any of the following subsections shall be punished by a fine for negligence not exceeding two million won:

1. A person who has failed to take safety measures referred to in Article 4 (3);

2. A person who has failed to make a report referred to in Article 10 or 14 (4);

3. A person who has failed to post a notice on personal information concerning instructors' ages, academic career, major, career, etc., pursuant to Article 13 (2);

4.

5. A person who has failed to post or display a certificate of report, in violation of Article 14-2 (3);

6. A person who has failed to comply with an order for adjustment of lecture fees, etc. pursuant to Article 14-2 (6);

7. A person who has failed to indicate and post lecture fees, etc. in violation of Article 15 (2), or a person who has indicated and posted false lecture fees, etc. in violation of section (3) of the same Article;

8. A person who has failed to make a report referred to in Article 16 (3) or has made a false report;

9. A person who has refused, obstructed or evaded access and inspection by a related public official pursuant to Article 16 (3); and

10. A person who has failed to refund lecture fees, etc. referred to in Article 18. (2) The fine for negligence referred to in section (1) shall be imposed and collected by the superintendent of the competent office of education according to the conditions as determined by Presidential Decree.

(3) A person who is dissatisfied with the disposition of a fine for negligence under section (2) may raise an objection to the superintendent of the office of education within 30 days from the date of receiving notice of such disposition. (4) Where a person who has received the disposition of a fine for negligence under section (2) raises an objection pursuant to section (3), the superintendent of the office of education shall notify the competent court without delay, and the competent court shall, upon the receipt of such notification, bring such case to trial for a fine for negligence under the Non- Contentious Case Litigation Procedure Act.

(5) If no objection has been raised and no fine for negligence has been paid within the period under section (3), it shall be collected according to the practices of the disposition on default local taxes.

[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007] ADDENDA

(1) (Enforcement Date) This Act shall enter into effect on the date of its promulgation. (2) (Transitional Measures) Application of penalty provisions and fines for negligence for the activities performed before this Act enters into effect shall be in accordance with the previous provisions.