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DECREE ON THE ESTABLISHMENT OF NATIONAL SCHOOLS

[Enforcement Date: Sep. 3, 2009] [Presidential Decree No. 21707, Sep. 3, 2009, Partial Amendment]

Ministry of Education, Science and Technology (School System Planning Division) Tel.: 02-2100-6456

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters necessary for the establishment, organization and operation, etc. of the schools established and operated by the State in accordance with Article 11 (1) of the Framework Act on Education, Article 3 of the Elementary and Secondary Education Act, and Articles 18 and 19 of the Higher Education Act.

Article 2 (Scope of Application)

Except as especially provided for in other laws and regulations, the establishment and organization of national schools as prescribed in Article 3 of the Elementary and Secondary Education Act and Article 3 of the Higher Education Act shall be in accordance with the conditions as prescribed by this Decree.

Article 3 (Names, etc.)

Names, locations, and curricula of the schools under the jurisdiction of the Minister of Education, Science and Technology (hereinafter referred to as the "Minister") shall be as stated in the attached Table-1.

Article 4 (Fixed Number of Public Officials)

The fixed number of public officials placed in the national schools shall be separately prescribed by Presidential Decree.

Article 5 (Head of School)

(1) Presidents shall be placed in universities and colleges, industrial colleges, colleges of education and junior colleges; and principals shall be placed in high schools, special schools and various other schools. (2) Presidents and principals shall exercise overall control of the school affairs, supervise teachers and staffs, guide students and represent schools.

Article 5-2 (Vice-President)

(1) There may be vice-presidents placed in universities and colleges, industrial colleges and colleges of education from among the professors of the relevant universities and colleges, industrial colleges and colleges of education to support the presidents. (2) Vice-presidents shall perform their duties with authority including school affairs so as to efficiently execute the affairs of the universities and colleges upon the delegation of their presidents.

(3) Vice-presidents perform the duties of their presidents by proxy where their presidents are not able to perform their duties due to unavoidable reasons.

[This Article Newly Inserted by Presidential Decree No. 19357, Feb. 28, 2006] Article 6 (Colleges, etc.)

(1) Universities and industrial colleges may establish colleges and graduate schools, and colleges of education may establish graduate schools, respectively, within the scope prescribed by their school regulations (hereinafter referred to "school regulations") (2) Universities, colleges, colleges of industrial colleges (referring to colleges where colleges are not established), and graduate schools may establish departments and schools; and colleges of education and their graduate schools may establish departments; and junior colleges may establish departments.

(3) Heads shall be placed in the colleges, graduate schools, departments and schools as prescribed in sections (1) and (2), and the heads of colleges and graduate schools shall be placed from among the professors or associate professors, and the heads of departments and schools shall be placed from among the professors, associate professors, or assistant professors: Provided, That the heads of professional graduate schools and special graduate schools may be placed from among the heads of other graduate schools, related colleges or departments. (4) The heads of colleges and graduate schools of universities, colleges, and industrial colleges shall, upon the orders of their presidents, and the heads of departments and schools shall, upon the orders of their heads of colleges (referring to their presidents where colleges are not established), or graduate schools, control school affairs of the relevant colleges, graduate schools, departments, and schools, supervise their faculties and staff, and guide students. (5) (6) The head of graduate schools of colleges of education shall, upon the orders of their president, and the heads of departments shall, upon the orders of their presidents or the heads of graduate schools, control school affairs of the relevant graduate schools and departments, supervise their faculties and staff, and guide students. (7) The heads of departments of junior colleges shall, upon the orders of their presidents, control school affairs of the relevant departments, supervise their faculties and staff, and guide students. Article 7 (Attached Facilities)

(1) Support facilities, research facilities, attached facilities and other necessary facilities (hereinafter referred to as "attached facilities, etc.") may be established as prescribed in Article 4 (1) of the Regulations on the Establishment and Operations of Universities and Colleges at universities and colleges (including industrial colleges, colleges of education, and junior colleges, and the same shall apply hereinafter in this Article and Article 15), and practice facilities at high schools. (2) The heads of the attached facilities, etc. shall be placed from among the heads of colleges, graduate schools, departments or schools, provided that this may be otherwise prescribed by school regulations where necessary.

(3) The heads of the attached facilities, etc. shall, upon the orders of presidents, the heads of colleges or graduate schools, control affairs under their control and supervise their faculties and staff.

(4) A president shall evaluate the performance records of the relevant facility by the period prescribed by the school regulations within the extent of three years for research facilities and attached facilities (including common facilities) as prescribed in Article 4 (1) of the Regulations on Establishment and Operation of Universities and Colleges, and other facilities as deemed necessary, and determine whether to retain or close such said facilities. In this case, the detailed matters concerning the evaluation shall be determined by the president. Article 8 (Attached Schools)

(1) Schools in the attached Table-5 shall be attached to educational universities and colleges (hereinafter referred to as "teacher's colleges") and colleges of education.

(2) Heads for the attached schools shall be placed pursuant to section (1), and the heads of the attached schools shall, upon the orders of the heads of teacher's colleges or presidents, control school affairs of the relevant schools, supervise their faculties and staff, and guide students or preschool students. Article 9 (Infrastructure of Universities and Colleges) (1) Executive offices and administrative headquarters (limited to Kangwon National University, Kyungpook National University, and Chonnam National University) shall be established, and offices and bureaus within the extent of the attached Table-6 shall be established at universities and colleges (excluding Kumoh National Institute of Technology, Mokpo National Maritime University and Korea National Sport University, and the same shall apply hereinafter in this Article), and the head of the executive office shall be appointed from among high-ranking officials in general service, grade 3 public officials, grade 4 public officials in general service or technology, and the head of administrative headquarters shall be appointed from among grade 3 public officials, grade 4 public officials in general service or technology, grade 5 administrative, librarian, industrial, facility or computing officers, and the heads of offices and bureaus shall be appointed with professors or associate professors. In this case, the president may differentially determine the title of the head of the administrative headquarters.

(2) The heads of executive offices shall control the affairs as stated in the attached Table-7 and the affairs under the control of the heads of the offices and bureaus shall be determined by school regulations. (3) Divisions and officers shall be placed within the extent of the attached Table-6 in the attached facilities and executive offices, offices, and bureaus under section (1). In this case, the president may determine differentially in respect to the titles of the departments and officers. (4) The head of a division or officer shall be appointed from among grade 3 or grade 4 public officials in general service or technology, grade 5 administrative, librarian, industrial, facility, or computing officers: Provided, That the heads of divisions and officers in charge of student training or the sailing of ships may be appointed from among professors, associate professors, or assistant professors, and the heads of divisions and officers placed in attached facilities shall be appointed from among grade 4 public officials in general service or technology, grade 5 administrative, librarian, forestry, marine fishery or computing officers. (5) Administrative bureaus shall be established at colleges and graduate schools of universities and colleges within the scope of the attached Table-8, and the heads thereof shall be appointed from among grade 4 public officials in general service or technology, grade 5 administrative, librarian, forestry, marine fishery, industrial, facility, agricultural or computing officers: Provided, That two or more administrative bureaus may be integrated and placed to assist the operations of two or more colleges.

Article 10 Article 11 (Infrastructure of Kumoh National Institute of Technology, Mokpo National Maritime University and Korea National Sport University)

(1) General affairs divisions and divisions (including divisions established in the attached facilities) shall be established within the extent stated in the attached Table-6 at the Kumoh National Institute of Technology, Mokpo National Maritime University, and Korea National Sport University, and the heads of general affairs divisions shall be appointed from among grade 3, grade 4 public officials in general service or technology, and the heads of other divisions shall be appointed from among grade 5 administrative, librarian or computing officers.

(2) The heads of general affairs divisions shall control the affairs as stated in the attached Table-7, and the affairs to be controlled by the heads of other divisions shall be determined by school regulations.

Article 12 (Infrastructure of Industrial Colleges) (1) Executive offices and offices and bureaus shall be established within the extent as stated in the attached Table-6-2 at industrial colleges, and the heads of the executive offices shall be appointed from among grade 3, grade 4 public officials in general service or technology, and the heads of the offices and bureaus shall be concurrently appointed from among the professors or associate professors.

(2) The heads of the executive offices shall control the affairs as stated in the attached Table-7, and the affairs controlled by the heads of offices and bureaus shall be determined by school regulations. (3) Divisions and officers shall be placed within the extent as stated in the attached Table-6- 2 in the attached facilities, etc. and the executive offices, offices and bureaus under section (1). In this case, the presidents may differentially determine the titles of divisions and officers.

(4) The heads of divisions and officers shall be appointed from among grade 4 public officials in general service or technology, grade 5 administrative, librarian, industrial, facility or computing officers: Provided, the heads of divisions and officers placed in the attached facilities, etc. shall be appointed from among grade 5 administrative, librarian or computing officers. (5) Administrative bureaus shall be established within the extent as stated in the attached Table-9 in the colleges and graduate schools of industrial colleges, and the heads of the administrative bureaus shall be appointed from among grade 5 administrative officers: Provided, That two or more administrative bureaus may be integrated and placed to assist the operations of two or more colleges. Article 13 (Infrastructure of Colleges of Education) (1) General affairs divisions and divisions shall be established within the extent as stated in the attached Table-10 at colleges of education, and the heads of the general affairs divisions shall be appointed from among grade 4 public officials in general service or technology, grade 5 administrative, industrial, facility, computing, librarian, forestry or marine fishery officers, and the heads of other divisions shall be appointed from among professors or associate professors. (2) The heads of the general affairs divisions shall control the affairs as stated in the attached Table-7, and the affairs controlled by the heads of the other divisions shall be determined by school regulations.

Article 14 (Infrastructure of Junior Colleges)

(1) General affairs divisions and divisions shall be established within the extent as stated in the attached Table-11 at junior colleges, and the heads of general affairs divisions shall be appointed from among grade 4 public officials in general service or technology, grade 5 administrative, industrial, facility, computing, librarian, forestry or marine fishery officers, and the heads of the other divisions shall be appointed from among professors or associate professors.

(2) The heads of the general affairs divisions shall control the affairs as stated in the attached Table-7, and the affairs controlled by the heads of other divisions shall be determined by school regulations.

Article 15 (Monthly Allowances, etc. for Posts )

In the event that professors, associate professors or assistant professors hold two offices concurrently as prescribed in Articles 5-2, 6, 7, 9, and 11 through 14, expenses required to perform the duties may be paid in accordance with the standards determined by the presidents within the limit of the budgets appropriated for the relevant fiscal year on the basis of a certain percentage of the sum amount of salary, year-end allowances and regular attendance allowances of the relevant professor, associate professor or assistant professor. Article 16 (Support, etc. for Tuition)

(1) Students of the department of nursing science or junior or senior students in the undergraduate programs at universities and colleges shall have life training after entering into student dormitories while attending school. In this case, the boarding expenses, clothing expenses and part of schooling expenses shall be paid out of the National Treasury. (2) Admission fees and tuition are exempted for students of the College of Maritime Science at the Korea Maritime University, Division of Maritime Transportation System and Division of Marine Engineering at the Mokpo National Maritime University, and for students in the physical education major and/or coaching major at the Korea National Sport University. (3) Students of the College of Maritime Science at the Korea Maritime University, Division of Maritime Transportation System and Division of Marine Engineering at the Mokpo National Maritime University, and physical education major and/or coaching major at the Korea National Sport University shall enter into on-board student dormitories or student dormitories and undergo life training while attending school. In this case, the fees for the on- board student dormitories, clothing expenses, and other schooling expenses for the students of the Korea Maritime University and Mokpo National Maritime University, and the fees for the student dormitories of the Korea National Sport University shall be paid out of the National Treasury.

(4) The presidents of the Korea Maritime University, Mokpo National Maritime University, and Korea National Sport University may omit students who are deemed ineligible to become superior marine engineers or persons subject to fostering sports leaders among the students admitted into on-board student dormitories or student dormitories therefrom in accordance with conditions determined by school regulations. (5) Students of the College of Maritime Science at the Korea Maritime University, Division of Maritime Transportation System and Division of Marine Engineering at the Mokpo National Maritime University shall have practical training while attending school in accordance with conditions determined by school regulations. In this case, the practical training expenses shall be paid out of the National Treasury. (6) The dining expenses for the faculties, staff and students of Gyeongsang National University, Kunsan National University, Mokpo National Maritime University, Pukyong National University, Chonnam National University, Jeju National University, Korea Maritime University, Busan National Maritime High School, and Incheon National Maritime High School shall be paid out of the National Treasury (referring to the budget under the control of the Ministry of Land, Transport and Maritime Affairs for the students of Busan National Maritime High School and Incheon National Maritime High School)

(7) The admission fees and tuition fees for teachers studying as evening or seasonal students of the colleges of education shall be exempted.

(8) The admission fees and tuition fees for students selected and appointed as persons subject to special education as prescribed in the Special Education Promotion Act among the students of the Korea National College of Rehabilitation and Welfare shall be exempted. (9) (10) The admission fees and tuition fees for students of national high schools and various kinds of schools may be exempted, and expenses for materials for studying, clothing expenses and other schooling expenses may be paid out of the National Treasury (referring to the budget under the control of the Ministry of Culture, Sports and Tourism for students of the Gukak National High School, National High School of Traditional Arts, and gukak schools and schools of traditional arts; and the budget under the control of the Ministry of Land, Transport and Maritime Affairs for students of Busan National Maritime High School and Incheon National Maritime High School) (11) The students of Busan National Maritime High School and Incheon National Maritime High School (hereinafter referred to as "maritime high schools") shall have on-board practical training for at least six months while attending school: Provided, That the principals of the maritime high schools may postpone such on-board practical training for a certain period in accordance with conditions as determined by school regulations for students who are deemed unable to undergo such training while attending school due to unavoidable reasons.

(12) The students of special schools shall undergo life training after entering into the student dormitories while attending school: Provided, That this shall not apply to students who are deemed to have special reasons requiring they do not undergo said training. (13) The students as prescribed in section (12) shall be exempted from the admission fees and tuition fees, and the dormitory fees shall be paid out of the National Treasury. Article 17 (Suspension of Payment of Subsidies for Schooling Expenses) In the event that students of the department or school of nursing science, the College of Maritime Science at the Korea Maritime University, Division of Maritime Transportation System and Division of Marine Engineering at the Mokpo National Maritime University, and physical education major and/or coaching major at the Korea National Sport University, Gukak National High School, National High School of Traditional Arts, maritime high schools, and gukak schools and schools of traditional arts are absent from schools or suspended from school due to disciplinary procedures, the subsidies for schooling expenses as prescribed in Article 16 (1), (3), and (10) shall be suspended during the period of absence or suspension.

Article 18 (Liability of Service)

(1) The graduates from the College of Maritime Science at the Korea Maritime University, Division of Maritime Transportation System and Division of Marine Engineering at the Mokpo National Maritime University, and/or physical education major and coaching major at the Korea National Sport University shall have liability to serve with duties designated by the Minister of Land, Transport and Maritime Affairs or the Minister of Education, Science and Technology respectively, for a period equivalent to the period of their schooling: Provided, That the Minister of Land, Transport and Maritime Affairs or the Minister of Education, Science and Technology may suspend or exempt such service for persons deemed unable to perform such duties.

(2) Any student of physical education major and/or coaching major at the Korea National Sport University and graduates therefrom who intend to enter graduate school during period of service liability shall obtain the approval of the Minister, and the Minister may suspend the service liability for the period equivalent to the period required for graduation from graduate school for such said person who has obtained such approval.

(3) Deleted. (4) Period of leave of absence or dismissal from a position of persons who are in leaves of absence or dismissed from positions during the service liability period as prescribed in section (1) shall not be counted toward the period of service.

(5) (6) The graduates of the Gukak National High School, National High School of Traditional Arts, and maritime high schools shall have a liability to serve with duties designated by the Minister of Culture, Sports and Tourism or the Minister of Land, Transport and Maritime Affairs, respectively, for the period equivalent to their schooling: Provided, That the Minister of Culture, Sports and Tourism or the Minister of Land, Transport and Maritime Affairs may suspend or exempt such services for persons deemed unable to perform such duties.

Article 19 (Redemption of Subsidies for Schooling Expenses) Where any person liable for a service liability pursuant to the provisions of Article 18 (1) applies to one of the following subsections during the period of service liability, he/she shall redeem the subsidy for schooling expenses paid out of the National Treasury pursuant to the provisions of Article 16 (3):

1. Where he/she has not performed the service liability without any justifiable reasons; and

2. Where he/she has been disposed of through dismissal. (2) Any student of physical education major and/or coaching major at the Korea National Sport University who ceases studying shall redeem the subsidy for schooling expenses paid out of the National Treasury pursuant to the provisions of Article 16 (3): Provided, That the president may exempt the whole or any part of the redemption amount by obtaining approval thereof from the Minister.

(3) Any student of the Gukak National High School, National High School of Traditional Arts, or maritime high schools who ceases studying, or any graduate thereof, who has not performed the service liability as prescribed in Article 18 (6) shall redeem the schooling expenses paid out of the National Treasury while attending school: Provided, the principals of the Gukak National High School, National High School of Traditional Arts, or maritime high schools may exempt the whole or any part of the redemption amount for persons who cease studying by obtaining approval thereof from the respective Minister of Culture, Sports and Tourism or the Minister of Land, Transport and Maritime Affairs. (4) Matters necessary for the redemption as prescribed in section (3) shall be determined by the Minister of Culture, Sports and Tourism or the Minister of Land, Transport and Maritime Affairs.

Article 20 (Bearing of Expenses)

(1) Expenses necessary for operating schools established in accordance with this Decree shall be borne by the National Treasury (referring to the budget under the control of the Ministry of Culture, Sports and Tourism for the Gukak National High School, National High School of Traditional Arts, gukak schools and schools of traditional arts; and the budget under the control of the Ministry of Land, Transport and Maritime Affairs for the Korea National Railroad College and maritime high schools).

(2) Except as otherwise provided for in this Decree or other laws and regulations, matters necessary for the operations of the Gukak National High School, National High School of Traditional Arts, gukak schools and school of traditional arts, Korea National Railroad College, and maritime high schools shall be determined by the Minister of Culture, Sports and Tourism or the Minister of Land, Transport and Maritime Affairs. Article 21 (Consultation)

Where the Minister intends to appoint or recommend to appoint public officials to be placed in the Gukak National High School, National High School of Traditional Arts, gukak schools and schools of traditional arts, Korea National Railroad College and/or maritime high schools, he/she shall consult with the Minister of Culture, Sports and Tourism or the Minister of Land, Transport and Maritime Affairs respectively. Article 22 (Detailed Matters Concerning Organization, etc.) (1) The detailed matters concerning the organization, etc. of each school shall be determined by school regulations thereof.

(2) School regulations shall state each of the following matters:

1. Establishment of colleges, graduate schools, departments and schools;

2. Establishment of attached schools, attached facilities, etc. and facilities for practical training;

3. Infrastructure (including infrastructure established at colleges, graduate schools and attached facilities, etc.) and the affairs controlled thereby; and

4. Other matters necessary for organization management. (3) The heads of schools shall comprehensively and systematically determine the matters as prescribed in section (2) to enhance the efficiency of the organization and allocation of human resources according to the characteristics and volume of the affairs, and he/she shall ensure to clarify where responsibilities lie.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into effect on the date of its promulgation. Article 2 (Transitional Measures)

The deans of junior colleges under the previous provisions at the time of enforcement of this Decree shall be deemed as presidents under the amended provisions of Article 5 (1).