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Laws of the Republic of Korea |
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.
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.
(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.
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.
(6) Matters required for raising and operating method, etc. of school development fund under
paragraph (5) shall be prescribed by
Presidential Decree.
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.
(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.
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 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.
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) 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.
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.
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.
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.
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 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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