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

EXTRACURRICULAR LESSONS

[Enforcement Date: Feb. 29, 2008] [Act No. 20740, Feb. 29, 2008, Other Laws and Regulations Amended

Ministry of Education, Science and Technology (Lifelong Learning Policy Division) Tel.: 02-2100-6380~4

Article 1 (Purpose)

The purpose of this Decree is to provide for matters delegated by the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as the "Act") and matters necessary for the enforcement thereof. Article 2 (Definitions, etc.)

(1) The definitions of terms used in this Decree shall be as follows:

1. The term "affinity" means a set of teaching curricula which are similar to or connected with each other;

2. The term "teaching curriculum" means a set of teaching subjects which are taught at a private teaching institute;

3. The term "teaching subject" means a unit subject that is taught; and

4. The term "private study room" means a facility, which is a private teaching institute provided for as a studying place.

(2) The term " not less than the number of persons prescribed by Presidential Decree" in subsection 1 of Article 2 of the Act means a case where the number of persons who can take lessons or use a learning place at the same time is not less than 10 persons (or one person where the lesson involved is for a person who has a disability applicable to any of subsections of Article 10 (1) of the Act on the Promotion of Education for the Handicapped)

Article 2-2 (Teaching Place of Private Tutor)

The teaching place of a private tutor under subsection 3 of Article 2 of the Act shall be any of the following subsections:

1. Place of residence of the learner; and

2. Detached house or apartment house under the attached Table 1 of the Enforcement Decree of the Building Act, which is the place of residence of the teaching instructor. [This Article Newly Inserted by Presidential Decree No. 18409, Jun. 5, 2004] Article 3 (Teaching Activities not Applicable to Extracurricular Lessons )

(1) The term "teaching activity which belongs to a voluntary service prescribed by Presidential Decree" in subsection 4 (c) of Article 2 of the Act refers to teaching activities applicable to any of the following subsections:

1. Teaching activity for working juveniles;

2. Teaching activity for the rehabilitation of the disabled; and

3. Other teaching activities which belong to service activities prescribed by the Ordinance of the Ministry of Education, Science and Technology. (2) Article 3-2 (Classification, etc. of Teaching Curriculum) (1) The classification of teaching curriculum for each type of private teaching institute under Article 2-2 (2) of the Act shall be as shown in the attached Table 1. (2) The teaching curriculum shall be registered as the teaching curriculum most similar to any of the curricula in the attached Table 1 or one that contains the contents thereof. (3) The founder or operator of a private teaching institute may have two or more curricula registered and administer them together at a private teaching institute. [This Article Newly Inserted by Presidential Decree No. 19953, Mar. 23, 2007] Article 4 (Purification, etc. of Educational Environment) (1) (2) The kinds of business place which are likely to do harm to the educational environment as prescribed in Article 5 (2) and (3) of the Act (hereinafter referred to as the "harmful business place") refer to business places which perform any activities applicable to the subsections of Article 6 (1) of the School Health Act, or have facilities thereof (excluding billiard rooms, cartoon rooms, and the business places operating internet computer game facility providing businesses under subsection 7 of Article 2 of the Game Industry Promotion Act).

(3) Any private teaching institute for school curriculum (including lesson schools, and the same shall apply in this section) and any harmful business place shall not be housed in the same building pursuant to the provisions of Article 5 (2) and (3) of the Act: Provided, that the private teaching institute and the harmful business establishment may be housed in the same building with a total floor area of not less than 1,650 square meters except for the following cases:

1. Where the private teaching institute is located within the horizontal distance of twenty meters on the same floor from the harmful business place; and

2. Where the private teaching institute is located right above or below the floor where the harmful business establishment is located with the horizontal distance of not more than six meters.

(4) In the event that there is a request for consultation from an administrative agency pursuant to the provisions of Article 5 (3) of the Act, the Superintendent of the Office of Education shall undergo, in advance, the deliberation by a school environment and sanitation purification committee referred to in Article 6 of the School Health Act. Article 5 (Registration of Establishment and Operation of Private Teaching Institutes) (1) (2) A person, who intends to register the establishment and operation of a private teaching institute as prescribed in Article 6 of the Act, shall submit a written application for registration of establishment and operation of a private teaching institute prescribed by the Ordinance of the Ministry of Education, Science and Technology stating the matters applicable to the following subsections, accompanied by the institute's rules and documents prescribed by the Ordinance of the Ministry of Education, Science and Technology, to the Superintendent of the Office of Education:

1. Personal information of the founder;

2. Teaching curricula;

3. List of instructors;

4. Lesson fee (including dormitory fee where lodging facilities are attached to the private teaching institute, and the same shall apply hereinafter) or service charge;

5. Facilities and equipment; and

6. Scheduled date of opening courses. (3) The following matters shall be stated in the institute's rules referred to in section (2):

1. Matters concerning the name, purposes of establishment, and location of a private teaching institute;

2. Matters concerning the learner quota for each teaching curriculum;

3. Matters concerning the teaching curricula, and date and time of lessons;

4.

5. Matters concerning the recognition of completion of a course;

6. Matters concerning the term of lessons and no class days;

7. Matters concerning lesson fees or service charges; and

8. Other matters necessary for the operation of a private teaching institute. (4) Where the teaching curriculum is composed of subjects of theoretical teaching and subjects of experimentation and practical training or practical skills teaching, such private teaching institute shall not be established by dividing such said curriculum. (5) Where the contents of an application for registration of establishment and operation of a private teaching institute referred to in section (2) meet the standards for facilities and the educational environment, the Superintendent of the Office of Education shall accept its registration.

(6) In the event that the Superintendent of the Office of Education accepts an application for registration of establishment and operation of a private teaching institute pursuant to the provisions of section (5), he shall deliver a certificate of registration of establishment and operation of a private teaching institute prescribed by the Ordinance of the Ministry of Education, Science and Technology to the applicant. Article 5-2 (Registration of Private Teaching Institutes for School Curriculum with Lodging Facilities)

(1) The requirements for registration of private teaching institutes with lodging facilities referred to in Article 6 (2) of the Act shall be as follows:

1. It shall operate a teaching curriculum that belongs to the ordinary affinity of subjects of private teaching institutes for the school curriculum among the curricula of private teaching institutes as stated in the attached Table 1;

2. It shall meet the standards for the restrictions on lessons for the students enrolled in a kindergarten, elementary school, middle school, high school, or any other school equivalent thereto prescribed by the Municipal Ordinance of the Special Metropolitan City, a Metropolitan City, a Do or the Special Self-Governing Do (hereinafter referred to as "City/Do");

3. The lodging facilities shall be part of the facilities of the private teaching institute, and installed within the same buildings of the institute or within a distance of 300 meters from the premise of the institute, and provided to the learners of the institute for their exclusive use;

4. The lodging facilities shall have facilities for meal service as well as environment, facilities, equipment, etc. suitable for safety, health and sanitation of learners; and

5. A person who obtained a permit as a nutritionist under Article 37 of the Food Sanitation Act (hereinafter referred to as "nutritionist") and personnel for guidance of lives who meet the qualification standards for instructors under Article 12 (2) shall be placed in the lodging facilities.

(2) The matters concerning the location, the standards for the environment, facilities, and equipment, the standards for the placement of the nutritionist and personnel for guidance of lives, etc. of the lodging facilities referred to in section (1) shall be prescribed by the Municipal Ordinance of the relevant City/Do, upon taking into account the local circumstances, the scale of the private teaching institute, etc. [This Article Newly Inserted by Presidential Decree No. 19953, Mar. 23, 2007] Article 6 (Conditional Registration of Establishment and Operation of Private Teaching Institute)

(1) A person who intends to file an application for conditional registration of establishment and operation of a private teaching institute pursuant to the provisions of Article 7 of the Act shall submit to the Superintendent of the Office of Education a written application for registration of establishment and operation of a private teaching institute prescribed by the Ordinance of the Ministry of Education, Science and Technology, which states the matters under the subsections of Article 5 (2), accompanied by the institute's rules and documents prescribed by the Ordinance of the Ministry of Education, Science and Technology.

(2) Where it is deemed that the contents of the conditional application for registration referred to in section (1) meet the educational environment requirements and the standards for facilities can be satisfied, the Superintendent of the Office of Education may accept the registration on the condition that the facilities and equipment shall be equipped within a period not exceeding one year. In this case, where it is deemed that there exist unavoidable reasons that such facilities and equipment cannot be equipped within the prescribed period, the Superintendent of the Office of Education may extend such period within the limit of six months.

(3) The person who has received a conditional registration of establishment and operation of a private teaching institute shall report to the Superintendent of the Office of Education ten days prior to the scheduled date of opening courses after being equipped with facilities and equipment within the period referred to in section (2). (4) When the Superintendent of the Office of Education has received a report referred to in section (3), he/she shall investigate and confirm whether or not the facilities and equipment are secured, and deliver a certificate of registration of establishment and operation of a private teaching institute if they meet the conditions for registration. Article 7 (Alteration of Registered Matters)

(1) Matters on registration of the alteration thereof pursuant to the provisions of Article 6 of the Act shall be those concerning change of the location of a private teaching institute, or its teaching curricula. (2) In the event that a person who has registered the establishment and operation of a private teaching institute has altered matters other than those on registration of the alteration thereof pursuant to the provisions of section (1), he/she shall, without delay, inform the changed matter to the Superintendent of the Office of Education. (3) The provisions of Article 5 shall apply mutatis mutandis to the procedures for a registration of alteration as prescribed in section (1). In this case the term "registration" shall be deemed as the registration of alteration.

Article 7-2 Articles 8 and 9 Article 10 (Prohibition, etc. of Teaching Learners in Excess of Seating Capacity at Any One Time ) (1) The founder and operator of a private teaching institute shall not provide teaching or provide the facilities as a learning place for the learners in excess of the seating capacity at any one time of his/her institute's facilities.

(2) (3) The number of learners who can take lessons of the same subject at the same time at a private teaching institute which requires experiments, practice and practical skills, notwithstanding the provisions of sections (1) and (2), shall be prescribed by the Municipal Ordinance of the City/Do.

Article 11 Article 12 (Instructor)

(1) The founder and operator of a private teaching institute shall appropriately place instructors in charge of teaching lessons and personnel needed for guidance of lives so that learners may maximize their learning efficiency.

(2) The qualification standards for instructors of private teaching institutes as prescribed in Article 13 (1) of the Act shall be as shown in the attached Table 2. (3) Article 13 (Report on Establishment and Operation of Lesson School) (1) A person who intends to establish and operate a lesson school pursuant to the provisions of Article 14 (1) of the Act shall submit to the Superintendent of the Office of Education a written report on establishment and operation of lesson schools prescribed by the Ordinance of the Ministry of Education, Science and Technology, which states the following matters, accompanied by the documents prescribed by the Ordinance of the Ministry of Education, Science and Technology:

1. Name, address, resident registration number and occupation of the reporter;

2. Academic background and career of the reporter;

3. Name and location of the lesson school;

4. Teaching subjects;

5. Lesson fees; and

6. Documents attesting the right to use the facilities to be used as learning place. (2) In the case where the contents of the report as prescribed in section (1) conform to the provisions of Articles 15 and 16, the Superintendent of the Office of Education shall deliver a certificate of completed report on the establishment and operation of lesson schools prescribed by the Ordinance of the Ministry of Education, Science and Technology.

Article 14 (Alteration of Matters to be Reported by Teaching Schools) (1) Alteration of matters subject to making a report thereof pursuant to the provisions of Article 14 (1) of the Act shall include alteration of teaching instructors, location of lesson school and teaching curricula.

(2) In the event that a person who has reported the establishment and operation of a lesson school intends to alter matters other than those subject to making a report of alteration thereof pursuant to section (1), he/she shall, without delay, notify such altered matters to the Superintendent of the Office of Education.

(3) The provisions of Article 13 shall apply mutatis mutandis to the procedures for the report of alteration as prescribed in section (1). In this case, the term "report" shall be deemed as "report of alteration".

Article 15 (Qualifications for Teaching Instructor) (1) The provisions of Article 12 (2) shall apply mutatis mutandis to the qualifications for teaching instructor as prescribed in Article 14 (3) of the Act. (2) A lesson school shall not place instructors: Provided, that where a teaching instructor cannot teach lessons in person due to his or her childbirth or disease, it can place a temporary teaching instructor according to the conditions as determined by the Superintendent of the Office of Education.

Article 16 (Location, etc. of Lesson School)

(1) The location, facilities, equipment of a teaching school and the number of learners as prescribed in Article 14 (3) of the Act shall be as follows:

1. ;

2. The number of persons who take lessons at a lesson school shall not exceed nine persons (five persons for the case of piano lessons) at any one time; and

3. The number of persons to be accommodated in a lecture room of a lesson place shall not exceed three tenth of a person per one square meter. (2) Article 16-2 (Report, etc. of Private Tutor)

(1) Any person who intends to provide private extracurricular lessons shall, pursuant to the provisions of Article 14-2 (1), submit a written report on a private tutor prescribed by the Ordinance of the Ministry of Education, Science and Technology, which states the matters applicable to the following subsections, accompanied by the documents prescribed by the Ordinance of the Ministry of Education, Science and Technology, to the Superintendent of the Office of Education:

1. Name, address and resident registration number of the reporter;

2. Academic background, major, qualification and career of the reporter;

3. Teaching subject;

4. Lesson fees; and

5. Teaching place. (2) Where the matters as prescribed in section (1) 1, 3 through 5 are changed, the private tutor shall, pursuant to the provisions of the latter part of Article 14-2 (1) of the Act, submit a written report on alteration prescribed by the Ordinance of the Ministry of Education, Science and Technology to the Superintendent of the Office of Education within 15 days from the date on which the relevant causes have occurred. [This Article Newly Inserted by Presidential Decree No. 17296, Jul. 7, 2001] Article 17 (Tuition Fee Adjustment Committee)

(1) Where the Superintendent of the Office of Education intends to order an adjustment of lecture fees, service fees, or lesson fees, etc. (hereinafter referred to as the "lesson fees, etc.") pursuant to Articles 14-2 (6) and 15 (4) of the Act, he/she shall undergo a deliberation by the lesson fee adjustment committee (hereinafter referred to as the "adjustment committee").

(2) The adjustment committee referred to in section (1) shall be established in each local education office (which means a local education office under Article 34 (1) of the Local Education Autonomy Act), and specific details of the organization and operation of the committee shall be prescribed by the educational regulations.

(3) through (5) Article 18 (Collection, Reduction and Exemption, Refund, etc. of Lesson Fees, etc.) (1) Any founder, operator, and teaching instructor of a private teaching institute shall, when they collect tuition from the relevant learners or users of a teaching place, issue receipts. (2) Grounds for refund of tuition fees, etc. as prescribed in Article 18 (2) of the Act (hereinafter referred to as the "grounds for refund") shall occur in the following cases:

1. A case where the registration of a private teaching institute is cancelled, the teaching place is shut down, or the suspension of teaching is ordered pursuant to the provisions of Article 17 of the Act;

2. A case where the founder, operator, or teaching instructor of a private teaching institute is unable to teach learners or provide teaching places; and

3. A case where learners give up attending lectures or using a teaching place according to their wishes.

(3) Where a ground for refund under section (2) occurs, the lecture fees shall be refunded within five days from the date such ground occurs according to the standards for refunds pursuant to the attached Table 3:

1. and 2. (4) Any founder, operator, and teaching instructor of a private teaching institute may reduce or exempt tuition fees, etc. within the scope of not hindering the operation of the relevant private teaching institute or lesson school.

Article 19 Article 20 (Delegation and Entrustment of Authority) (1) The Superintendent of the Office of Education shall delegate the following authorities to the head of a district office of education pursuant to the provisions of Article 21 (1) of the Act:

1. Consultations with the head of the administrative agency concerned as prescribed in Article 5 (3) of the Act;

2. Acceptance of registration and registration of alteration for the establishment and operation of private teaching institutes as prescribed in Article 6 of the Act;

3. Acceptance and cancellation of conditional registration for the establishment and operation of private teaching institutes as prescribed in Article 7 of the Act;

4. Acceptance of report on suspension and closure of private teaching institutes as prescribed in Article 10 of the Act;

5. Acceptance of report on establishment and operation of lesson schools as prescribed in Article 14 of the Act;

5-2. Acceptance of report on suspension and closure of lesson schools as prescribed in Article 14 (4) of the Act;

5-3. Acceptance, etc. of report on any person intending to provide private extracurricular lessons, acceptance of report on alteration of a private tutor, etc. under Article 14-2 of the Act;

5-4. Orders of adjustment of the tuition fees or lesson fees under Article 14-2 (6) or 15 (4) of the Act;

6. Guidance and supervision for private teaching institutes, lesson schools, and private tutors as prescribed in Article 16 (1), (3), and (4) of the Act;

7. Administrative dispositions against private teaching institutes and lesson schools as prescribed in Article 17 of the Act;

8. Measures for closure, etc. of private teaching institutes or lesson schools and order to suspend extracurricular teaching as prescribed in Article 19 of the Act;

9. Hearings as prescribed in Article 20 of the Act;

10. Imposition and collection of fines for negligence as prescribed in Article 23 of the Act; and

11. Receipt of notification of alteration as prescribed in Articles 7 (2) and 14 (2). (2) (3) The Superintendent of the Office of Education shall, pursuant to the provisions of Article 21 (3) of the Act, entrust the affairs such as the training for founders, operators, and instructors, and conduct surveys and research related to the training as prescribed in Article 13 (3) of the Act to the incorporated association of the Korea Federation of Private Teaching Institutes.

Article 21 (Imposition and Collection of Fine for Negligence) (1) In the event that the Superintendent of the Office of Education imposes a fine for negligence pursuant to the provisions of Article 23 (2) of the Act, he/she shall investigate and confirm the relevant offense, and then notify the person subject to the disposition of the fine for negligence to pay such fine by specifying the fact of the offense, the amount of the fine for negligence, the deadline for payment thereof, etc. in writing. (2) When the Superintendent of the Office of Education intends to impose a fine for negligence pursuant to the provisions of section (1), he/she shall give the person subject to the disposition of the fine for negligence an opportunity to state his/her opinion orally or in writing by designating a period of not less than ten days. In this case, where he/she has failed to state his/her opinion by the designated date, he/she shall be deemed to have no opinion.

(3) In determining the amount of the fine for negligence, the Superintendent of the Office of Education shall take into account the causes, consequences, etc. of the offense. ADDENDA

Article 1 (Enforcement Date)

This Decree shall enter into effect on the date of its promulgation. Articles 2 through 6 Omitted.

Article 7 (Amendment of Other Laws and Regulations) (1) through <61> Omitted.

<62> Part of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons shall be amended as follows: The term "Ordinance of the Ministry of Education and Human Resources Development" in Article 3 (1) 3, part other than each subsection of Article (5) 2, Article 6, Article 6 (1), part other than each subsection of Article 13 (1) and section (2) thereof, part other than each subsection of Article 16-2 (1) and section (2) thereof shall be changed to "Ordinance of the Ministry of Education, Science and Technology.

<63> through <102> Omitted.