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ACT ON THE EDUCATIONAL SUPPORT, ETC. FOR OVERSEAS KOREANS

ACT ON THE EDUCATIONAL SUPPORT, ETC. FOR OVERSEAS KOREANS [Enforcement: Sep. 22, 2008] [Act No. 8913, Mar. 21, 2008, Partial Amendment] Ministry of Education, Science and Technology (Overseas Korean Education Division) 02-2100- 6574

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to prescribe necessary matters concerning the establishment, operation, support, etc. of overseas educational institutions and organizations, such as Korean school, which are established in foreign countries to support the school education and lifelong education of overseas Koreans.

Article 2 (Definitions)

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

1. The term "overseas Koreans" means Korean nationals residing in foreign countries;

2. 0The term "overseas educational institution" means educational institution such as Korean school, Korean language school and Korean education institute which is established in a foreign country to provide school education and lifelong education, etc. for overseas Koreans;

3. The term "Korean school" means educational institution established in a foreign country after obtaining approval of the Minister of Education, Science and Technology to provide school education under the Elementary and Secondary Education Act for overseas Koreans;

4. The term "Korean language schools" means irregular schools which are established by overseas Korean organizations, etc. by themselves to educate language, history, culture, etc. of Korea to overseas Koreans, and registered to the head of Korean overseas mission having jurisdiction over the area; and

5. The term "overseas educational organizations" means organizations other than overseas educational institutions, which are established in foreign countries to educate overseas Koreans and contribute to the research and promotion of national culture. Article 3 (Duties of the State)

The State shall provide support required for educating overseas Koreans, so that the Koreans may live in foreign countries with pride as Korean national. Article 4 (Relations with Other Acts)

Matters concerning education of overseas Koreans and support thereof shall be governed by this Act, unless specially provided for in other Acts. CHAPTER II KOREAN SCHOOLAND SCHOOL FOUNDATION

Paragraph 1 Approval, Etc. of Korean School and School Foundation Article 5 (Establishment, Etc. of Korean School)

(1) A person who intends to establish·and operate Korean school shall be a foundation or organization falling under any of the following subparagraphs, which shall obtain approval of the Minister of Education, Science and Technology under paragraphs (2) and (3) (hereinafter referred to as "establishment approval"):

1. Juridical person or organization which can establish a school whose level is similar to the school prescribed in Article 2 of the Elementary and Secondary Education Act, in accordance with the laws and regulations of the country where the Korean school will be located (hereinafter referred to as the "country to locate"); and

2. Juridical person or organization under the laws of Korea. (2) The juridical person or organization which intends to obtain the establishment approval under paragraph (1) shall prepare the articles of association (referring to operating rules, in case of organization; hereinafter the same shall apply) containing descriptions of matters falling under each of the following subparagraphs, the inventory of property required to establish Korean school, and the establishment plan of Korean school, and shall file an application with the documents for establishment approval to the Minister of Education, Science and Technology via the head of Korean overseas mission having jurisdiction over the country to locate (hereinafter referred to as the "head of mission"):

1. Purpose;

2. Name;

3. Location of main office;

4. Name and location of Korean school to be established and operated;

5. Matters on assets and accounting;

6. Number of executives and matters on their appointment and dismissal;

8. Matters on amending articles of association;

9. Matters on dissolution;

10. Matters on secretariat and staff;

11. Matters on remuneration, duties, job guarantee, discipline of faculty of Korean school; and

12. Other matters required for operation of the foundation or organization and Korean school. (3) The Minister of Education, Science and Technology shall, upon receiving the application for establishment approval under paragraph (2), review the necessity of establishing the Korean school, and the articles of association and property inventory submitted under paragraph (2), as well as the feasibility of the establishment plan of the Korean school, etc. and decide on whether to approve it or not and subsequently notify the decision, via the head of mission, to the foundation or organization that applied for the establishment approval.

(4) The foundation or organization which has obtained the establishment approval under paragraph (3) (hereinafter referred to as the "school foundation") shall, when intending to operate the Korean school, obtain approval of the Minister of Education, Science and Technology (hereinafter referred to as the "operation approval"). The same shall apply when newly opening education courses of higher grade or lower grade school to the existing Korean school under operation.

(5) A school foundation shall, when intending to obtain the operation approval, prepare facilities required to operate Korean school, along with the school regulations, operating plan and financial resources securing plan, etc. and file an application for operation approval to the Minister of Education, Science and Technology, and the said Minister shall, upon receiving the application, decide on whether to approve or not and subsequently notify the decision to the school foundation which applied for the operation approval, via the head of mission.

(6) Necessary matters concerning application and approval procedures of the establishment approval and operation approval under paragraphs (2) through (5), and the criteria of facilities required for establishment and operation of Korean school, etc. shall be prescribed by Ordinance of the Ministry of Education, Science and Technology. Article 6 (Cancellation of Establishment Approval) (1) In the cases where school foundation became applicable to subparagraph 1 or 2 hereunder, and has not taken any remedial measures until after elapse of six months from the date when the remedial measures were ordered, the Minister of Education, Science and Technology may cancel the establishment approval, and in case the school foundation has become applicable to subparagraph 3 or 4, the said Minister shall cancel the establishment approval. In such cases, the said Minister shall hear the opinion of the head of mission beforehand:

1. To achieve the establishment purpose has become impossible;

2. The condition to establishment approval has not been complied with;

3. The school foundation has been merged or gone into bankruptcy; and

4. The board of directors has resolved dissolution of the school foundation. (2) The Minister of Education, Science and Technology shall, when cancelling the establishment approval under paragraph (1), provide the school foundation with an opportunity to submit its opinion beforehand. Article 7 (Cancellation of Operation Approval)

(1) In the cases where Korean school or school foundation has become applicable to subparagraph 1 or 3 hereunder, the Minister of Education, Science and Technology shall cancel operation approval of Korean school, and in case Korean school has become applicable to subparagraph 4, the said Minister may cancel operation approval after hearing opinion of the head of mission if the Korean school has not furnished itself with adequate facilities until after elapse of one year from the date when the remedial measures were ordered:

1. The school foundation has been dissolved or its establishment registration, etc. has been cancelled according to laws and regulations of the country where the school foundation is located (hereinafter referred to as the "located country");

2. The school foundation has gone into bankruptcy;

3. To achieve the establishment purpose of Korean school has become impossible due to closing of the Korean school for a long time;

4. The criteria of facilities referred to in Article 5 (6) have not been satisfied. (2) The Minister of Education, Science and Technology shall, when cancelling the operation approval under paragraph (1), provide the school foundation with an opportunity to submit its opinion beforehand.

Paragraph 2 Operation of Korean School

Article 8 (Education Course)

(1) The education courses of Korean school shall be organized in the way similar to the education courses determined by the Minister of Education, Science and Technology under Article 23 of the Elementary and Secondary Education Act. (2) Notwithstanding paragraph (1), Korean school may organize education courses or curriculum by partial modification thereof considering the features of the located country, as prescribed by Ordinance of the Ministry of Education, Science and Technology.

Article 9 (Recognition of Academic Ability)

Persons who have taken education courses at Korean school shall be deemed to have academic ability equivalent to those who have taken the pertaining education courses at domestic elementary and middle schools under the provisions of the Elementary and Secondary Education Act.

Article 10 (Tuition, Etc.)

(1) Korean school may collect from students the tuition fees, entrance fee and school support fee (hereinafter referred to as "tuition, etc."). (2) Necessary matters concerning the amount and payment method of tuition, etc. under paragraph (1) shall be determined by the head of Korean school (hereinafter referred to as the "headmaster") subject to the deliberation and resolution by board of directors of the school foundation that established and operates the Korean school. Article 11 (School Operation Committee)

(1) School operation committee shall be formed and operated at Korean school to enhance operating autonomy of the school and provide education in the way to meet the situation and features of located country.

(2) School operation committee shall deliberate matters falling under each of the following subparagraphs: Provided, that for subparagraph 1, the committee can deliberate only when requested by school foundation:

1. Matters on enactment and amendment of school charter and school regulations;

2. Matters on draft budget and accounts settlement of school;

3. Matters on method of operating education courses at school;

4. Matters on selecting curriculum books and educational materials;

5. Matters on educational activities after school and during vacation, and on training activities;

6. Matters on fixing tuition and entrance fee, and on raising, operating and using school operation support fees;

7. Matters on school meals;

8. Matters on suggestions and recommendations for school operation; and

9. Other matters concerning operation of school, which are determined by Ordinance of the Ministry of Education, Science and Technology.

(3) School operation committee shall be composed of representatives of Korean school teachers, representatives of parents, and local residents: Provided, that necessary matters concerning organization and operation of the committee, such as composing method and number of members, shall be determined by Ordinance of the Ministry of Education, Science and Technology.

(4) The headmaster may provide training for members of school operation committee to enhance their qualities and task execution abilities. (5) School operation committee under paragraph (1) may create school development fund, and deliberate and resolve matters on raising, operating and using the school development fund.

(6) Matters required for raising and operating method, etc. of school development fund under paragraph (5) shall be prescribed by Presidential Decree. Article 12 (Establishment of Kindergarten as Annex) School foundation that established and operates Korean school may install and operate a kindergarten as an annex to the school under the provisions of the Early Childhood Education Act, after obtaining approval of the Minister of Education, Science and Technology via the head of mission.

Paragraph 3 Operation of School Foundation

Article 13 (Amendment of Articles of Association) School foundation shall, when intending to amend its articles of association, obtain the consent of not less than two thirds of its enrolled directors at the board of directors meeting, and obtain approval of the Minister of Education, Science and Technology via the head of mission.

Article 14 (Executives and Restriction on Selecting Executives, etc.) (1) The school foundation shall have not less than seven directors as its executives including a chairman, a headmaster and a person nominated by the head of mission, as well as an auditor. (2) Not less than a half of all the directors of school foundation shall be Korean nationals. (3) A person falling under any of the following subparagraphs shall not be an executive of the school foundation:

1. A person falling under any subparagraph of Article 33 (1) of the State Public Officials Act;

2. A person for whom two years have not passed after approval of executive position was cancelled under Article 15 (3); and

3. A person for whom two years have not passed after being dismissed or released under Article 26.

Article 15 (Approval of Executive, etc.)

(1) Any executive of school foundation shall be subject to the approval of the Minister of Education, Science and Technology via the head of mission. The same shall apply to the replacement of an executive. (2) Term of office for executives shall be determined by articles of association, within the limit of not exceeding five years for director and not exceeding two years for auditor, and such term is renewable: Provided, that term of office for director who is headmaster shall be during the tenure as headmaster.

(3) In the case where an executive of school foundation has fallen under any of the following subparagraphs, the Minister of Education, Science and Technology may, via the head of mission, demand its rectification by designating a period of more than 30 days, and if rectification is not made within the designated period, the said Minister may cancel approval of the executive concerned after receiving opinion from the head of mission. In such cases, the said Minister shall provide the executive concerned with an opportunity to submit his/her opinion beforehand:

1. Cases where an executive has committed improper activity in relation to establishment and operation of Korean school, inflicting loss or damage to school foundation and Korean school; and

2. Cases where an executive other than headmaster has infringed on the authority of headmaster in administration of Korean school affairs such as running education course. (4) The Minister of Education, Science and Technology may, when he/she judges that normal operation of school foundation is difficult due to a vacancy of director, select a new director on the application from an interested party or by its own authority. (5) Necessary matters concerning selection of the executives of school foundation, which are not provided for in this Act, shall be prescribed by articles of association of school foundation. Article 16 (Functions of Board of Directors)

Board of directors of school foundation shall deliberate and resolve matters falling under each of the following subparagraphs:

1. Matters on budget, accounts settlement and loan of school foundation and Korean school, as well as acquisition and disposal of their properties;

2. Matters on amending articles of association of school foundation, as well as appointing and dismissing their executives;

3. Matters on appointment and dismissal of headmaster and teacher: Provided, that this shall not apply to the appointment and dismissal of teachers who are educational public officials dispatched by the Minister of Education, Science and Technology under Article 32-4 (1) of the State Public Officials Act;

4. Other important matters concerning management of school foundation and Korean school, and matters belonging to the authorities of board of directors under laws, regulations and articles of association.

Article 17 (Secretariat and Staff)

School foundation may have the secretariat and staff needed for executing the affairs on establishment and operation of Korean school as prescribed by articles of association. Article 18 (Property Management)

(1) The school foundation shall, when intending to sell, donate, exchange the properties related to establishment and operation of Korean school, or to alter their uses or offer them as security, obtain the consent of not less than two thirds of its enrolled directors at the board of directors. In such cases, the school foundation shall, in advance to such acts, make a report thereof to the Minister of Education, Science and Technology via the head of mission.

(2) Notwithstanding paragraph (1), the properties determined by Ordinance of the Ministry of Education, Science and Technology, among the properties used directly for education at Korean school, shall not be subject to sale, donation, exchange or alteration of uses or offering as security.

Article 19 (Accounting Management Standards)

Necessary matters concerning accounting management such as standards, procedure, etc. of accounting for school foundation and Korean school shall be prescribed by the Minister of Education, Science and Technology. Article 20 (Mutatis Mutandis Application of Provisions) Articles 15, 16 (2), 17 through 19, 23, 26 (1), 30, 31 (1) and (2), and 32 of the Private School Act shall apply mutatis mutandis to the matters concerning executives, board of directors, keeping of property inventory, etc. of school foundation. In this case, the term "private school" shall be regarded as "Korean school," and "competent authority" as "Minister of Education, Science and Technology" respectively. Paragraph 4 Teachers and Staff of Korean School

Article 21 (Appointment and Dismissal of Teachers and Staff) (1) Korean school shall have teachers, including a headmaster who shall be selected by board of directors of school foundation from among those who do not fall under any subparagraph of Article 14 (3). Teachers other than the headmaster shall be recommended by the headmaster and, subject to resolution by board of directors, appointed by the chairman, and staff members shall be recommended by the headmaster and appointed by the chairman: Provided, that this shall not apply to teachers and staff who are public officials dispatched by the Minister of Education, Science and Technology under Article 32-4 (1) of the State Public Officials Act.

(2) Notwithstanding paragraph (1), the chairman may delegate the authority concerning appointment and dismissal of teachers other than headmaster, to the headmaster as prescribed by articles of association of school foundation.

(3) School foundation shall, when teachers of Korean school are appointed or dismissed under main sentence of paragraph (1) and paragraph (2), make a report thereof to the head of mission within seven days from the date of such appointment or dismissal. Article 22 (Duties of Headmaster)

The headmaster shall exercise overall control of matters concerning curriculum and educational activities of Korean school, and manage and supervise teachers and staff of Korean school in connection with educational activities of Korean school. Article 23 (Qualification of Teacher)

(1) The provisions of Article 21 of the Elementary and Secondary Education Act shall apply mutatis mutandis to the qualifications of teachers of Korean school. In such cases, the term "principal" shall be regarded as "headmaster."

(2) Notwithstanding paragraph (1), teachers of the subjects specially opened at Korean school considering the features of located country under Article 8 (2) or foreign language subject, may be recruited from among those having teacher license under the relevant laws and regulations of located country.

Article 24 (Teachers and Staff on Contract and Fixed-Term Basis) The Korean school may have teachers and staff employed by fixing contract conditions such as duration of employment, salary, service conditions, expected achievements and commitment of outcome, etc.

Article 25 (Training of Teachers, etc.)

The Minister of Education, Science and Technology may implement training of teachers and staff of Korean school (including those of foreign nationals) at training institution, etc. in Korea where deemed necessary to enhance their qualities and expertise.

Article 26 (Discipline)

(1) In the case where a teacher falls under any subparagraph of Article 61 (1) of the Private School Act, the appointing/dismissing authority of teacher shall request the teacher disciplinary committee under paragraph (2) for a disciplinary punishment of the teacher concerned, and when the committee resolves on a disciplinary measure, the authority shall implement the measure thereof. In such cases, Article 61 (2) through (5) and Article 66-2 of the Private School Act shall apply mutatis mutandis to the kinds, contents and prescription of disciplinary measures on teacher.

(2) The school foundation shall have a teacher disciplinary committee as prescribed by articles of association, in order to deliberate and resolve teacher disciplinary case of Korean school. (3) The Minister of Education, Science and Technology may, in case a teacher of Korean school falls under any subparagraph of Article 61 (1) of the Private School Act, request the appointing/dismissing authority for a disciplinary punishment of the teacher, via the head of mission.

(4) Other necessary matters concerning discipline of teachers shall be prescribed by articles of association.

Article 27 (Remuneration, Service, etc. of Teachers and Staff) Matters on remuneration, duty, job guarantee, etc. for teachers and staff of Korean school, which are not provided for in this Act, shall be prescribed by articles of association. CHAPTER III KOREAN EDUCATION INSTITUTE

Article 28 (Establishment of Korean Education Institute, Etc.) (1) The Minister of Education, Science and Technology may, where deemed necessary to implement lifelong education and other educational activities for overseas Koreans, establish Korean Education Institute (hereinafter referred to as the "Education Institute") in a foreign country through consultation with the Minister of Foreign Affairs and Trade.

(2) The Education Institute shall have a head and, if necessary, may have teacher and staff.

(3) Necessary matters concerning establishment standards and operation of the Education Institute under paragraphs (1) and (2), as well as qualifications and appointment of head, teacher and staff, etc. shall be prescribed by Presidential Decree. Article 29 (Functions of Education Institute)

The Education Institute shall perform functions falling under each of the following subparagraphs:

1. Dissemination of Korean language, etc.;

2. Support for educational activities of Korean language school;

3. Counseling and guidance of Korean students studying abroad;

4. Support for inducement of foreign students into Korea;

5. Collection of overseas information on education and reporting thereof; and

6. Other matters concerning support for overseas educational activities. CHAPTER IV SUPPORT FOR OVERSEAS EDUCATIONAL INSTITUTION, etc. Article 30 (Registration of Overseas Educational Institution, etc.) (1) Overseas educational institutions (excluding Korean school and Education Institute; the same shall apply hereinafter in this Article) and overseas educational organizations that intend to receive support under this Act shall provide the documents containing descriptions on matters falling under each of the following subparagraphs, and register to the head of mission:

1. Purpose of establishment;

2. Place of establishment;

3. Representative;

4. Business achievements and business plan; and

5. Articles of association, in case of juridical person or organization. (2) The head of mission shall report the fact of registration or revocation of overseas educational institution and organization to the Minister of Education, Science and Technology via the Minister of Foreign Affairs and Trade. Article 31 (Assistance from National Treasury)

The State may subsidize the costs falling under each of the following subparagraphs to overseas educational institutions and organizations as well as school foundations within the limit of budget as prescribed by Presidential Decree:

1. Whole or part of the costs required for establishment of Korean school; and

2. Whole or part of the costs required for operation and works of overseas educational institution and organization.

Article 32 (Report, Investigation, etc.)

(1) The Minister of Education, Science and Technology may, via the head of mission, ask the Korean school, school foundation and Education Institute which have received assistance from national treasury under Article 31, to make a report on their affairs or accounts, or have public officials investigate the status of conducting education, etc. or examine or audit their documents and registers. In such cases, the demand for report, investigation, examination or audit of school foundation shall be limited to the establishment and operation, etc. of Korean school.

(2) The Minister of Education, Science and Technology may, where execution of work or use of subsidized fund by Korean school, school foundation and Education Institute is deemed improper as a result of report, investigation, examination or audit under paragraph (1), order rectification thereof via the head of mission, or take necessary measures such as retrieval of subsidized fund, etc.

Article 33 (Suspension of Assistance from National Treasury) The Minister of Education, Science and Technology may suspend assistance from national treasury in the cases where the Korean school and school foundation that have received assistance under Article 31 fall under any of the following subparagraphs:

1. Cases where they have refused or interfered with the reporting, investigation, examination or audit under Article 32 (1);

2. Cases where they have not complied with the rectification order or fund returning order under Article 32 (2).

Article 34 (Support for Foreign Educational Institution, Etc.) (1) In the cases where foreign educational institution and organization operate the education course of Korean language, Korean history, Korean culture, etc., the Minister of Education, Science and Technology may subsidize whole or part of the costs required for operating such education course within the limit of budget. (2) In the cases where a foreign school that runs elementary and secondary education courses whose levels are similar to the schools under Article 2 of the Elementary and Secondary Education Act, operates the education course of Korean language, history, culture, etc. along with its original education courses under the laws of its country, and where not less than a half of all the students of the school are Korean nationals or their offspring, the Minister of Education, Science and Technology may subsidize whole or part of the costs required for operating such education course within the limit of budget. Article 35 (Production and Supply of Textbook, Etc.) (1) The Minister of Education, Science and Technology may compile, publish or produce curriculum books and educational materials required for educating overseas Koreans.

(2) The Minister of Education, Science and Technology may supply curriculum books and education materials under paragraph (1) and curriculum books under Article 29 of the Elementary and Secondary Education Act, etc. to overseas educational institutions and organizations without compensation. CHAPTER V SUPPLEMENTARY PROVISIONS

Article 36 (Domestic Education of Overseas Koreans) (1) The Minister of Education, Science and Technology may form and operate in Korea the education courses required for educating overseas Koreans. (2) Necessary matters concerning operation of the education courses under paragraph (1) shall be prescribed by the Minister of Education, Science and Technology.

Article 37 (Payment of Scholarships)

(1) The Minister of Education, Science and Technology may provide scholarships to the overseas Koreans who are attending the education courses under Article 36 (1) at domestic educational institutions, in consideration of their academic performances and financial situations and within the limit of budget. (2) Necessary matters concerning criteria and method of payment, etc. of the scholarships under paragraph (1) shall be prescribed by the Minister of Education, Science and Technology.

Article 38 (Special Exception to Educational Support for Overseas Koreans) The Minister of Education, Science and Technology may, where deemed necessary, include the Korean people who acquired foreign nationality into the scope of overseas Koreans subject to educational support under this Act: Provided, that this shall not apply in case the countries they belong to do not allow such educational support. Article 39 (Guidance and Supervision)

Korean school, school foundation and Education Institute shall be subject to the guidance and supervision of the Minister of Education, Science and Technology and the head of mission, while other overseas educational institutions and organizations shall be subject to the guidance and supervision of the head of mission. Article 40 (Relations with the Laws and Regulations of Located Country) Notwithstanding the provisions of this Act, if the laws and regulations of the country where overseas educational institution and organization are located include provisions different from the provisions of this Act, this Act shall apply only where it does not contradict those laws and regulations.

Article 41 (Entrustment of Authority)

The Minister of Education, Science and Technology may entrust part of his/her authorities under this Act to the head of mission as prescribed by Presidential Decree.

CHAPTER VI PENAL PROVISIONS

Article 42 (Penal Provisions)

The chairman or director of school foundation who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won:

1. Where he/she has sold, donated, exchanged property or changed its use or offered as security, in violation of Article 18; and

2. Where he/she has refused or interfered with the reporting, investigation, examination or audit under Article 32 (1) without due cause.

ADDENDUM (No. 8913, Mar. 21, 2008>

This Act shall enter into force on the date when six months have elapsed from its promulgation.


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