|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
[Enforcement on Mar. 27, 2009] [Presidential Decree No. 21355, Mar. 27, 2009, Partial Amendment]
Ministry of Education, Science and Technology (School System Planning Division) 02- 2100-6508
CHAPTER I. GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to define the matters delegated by the Elementary and
Secondary Education Act and necessary matters
regarding its enforcement thereof.
Necessary matters on the standards of school establishment such as facilities and
equipment that those who intend to establish schools
as provided under the provisions
of Article 4 (1) of the Elementary and Secondary Education Act (hereafter referred to as
the "Act")
shall prepare shall be determined separately by the Presidential Decree.
1. Objective;
2. Title;
3. Location;
4. School regulation;
5. Cost and maintenance method;
6. Equipment;
7. Deleted 8. Arrangement plan and ground plan of school building (including physical training
center);
9. Date of school establishment;
10. Planning document where installing annex school etc.;
11. Documents on contribution etc. where the founder is a corporation; and
12. Documents on the payment of cost and ability to pay where the founder is a private
person.
Article 4 (Application for Approval of Private School Closure)
The founder and operator of a private school who intends to receive
approval for the
closure of the school as provided under the provisions of Article 4 (3) shall prepare
documents in which the following
subparagraphs are stated and submit to the
Superintendent of the Office of Education:
1. Reason for closure;
2. Method of dealing with the enrolled students and school registers; and
3. Date of closure.
Article 5 (Application for the Approval of Private School Change)
The term "important matters as determined
by the Presidential Decree" in
accordance with Article 4 (3) of the Act shall refer to the founder of the school,
cadastral map
of the school, and practice land and the matters as provided by the
provisions of Subparagraphs 1 through 5, 8 and 10 of Article
3.
The founder and operator of a private school who intends to receive the approval of
change as provided under the provisions of
Article 4 (3) shall prepare documents in
which each of the following subparagraphs are stated and submit them to the
Superintendent
of the Office of Education:
1. Reason for change;
2. Changed matters; and
3. Date of change.
Article 6 Deleted
Necessary matters on the operation of annexed schools as provided under the provisions
of Article 5 of the Act shall be determined
by the guidance and supervision institution
(herein after referred to the "competent office") as provided under the provisions of
Article 6 of the Act within the range of the laws and regulations.
Article 8 (Academic Guidance)
In the event of providing the academic guidance as provided under the provisions of
Article 7 of the Act, the Minister of Education,
Science and Technology and the
Superintendent of the Office of Education shall establish the detailed plans on the
objects, procedures,
categories, methods and result processes of the academic guidance
each year and notify it in advance to the schools that will be
receiving the academic
guidance.
Article 9 (Recorded Matters of School Rules)
The rules of the school (hereinafter referred to the "school rules") as provided under
the provisions of Article 8 of the Act shall
include each of the following items:
1. School years, grades, semesters and holidays;
2. Class organization and fixed number of students;
3. Number of class days for each subject, examination and the acknowledgement of
course completion;
4. Enrollment, reenrollment, enrollment, transference, temporary absence, expulsion,
completion and graduation;
5. Early promotion and early graduation;
6. Tuition, enrollment fee and the collection of other fees;
7. Student rewards and punishments;
8. Organization and operation of self-governing activities of students;
9. School rules amended on procedures; and
10. Matters prescribed by other laws and regulations.
Deleted
Necessary matters on the academic achievements of students as provided under the
provisions of Article 9 (1) of the Act shall be
determined by the Minister of Education,
Science and Technology.
The objects of evaluation for the local education administration institutions (hereafter
referred to the "institution evaluation")
as provided under the provisions of Article 9 (2)
of the Act shall be the Special Metropolitan City, Metropolitan City or Do (hereafter
referred to the "City/Do") Office of Education and subordinate education administration
institutions, and the object of evaluation
for schools (hereafter referred to the "school
evaluation") shall be national, public or private elementary schools, middle schools,
high schools and special schools.
Article 12 (Standards of Evaluation)
The institution evaluation and school evaluation as provided under the provision of
Article 9 (2) of the Act shall be executed by
the standards falling under each of the
following subparagraphs: 1. Organization and operation of budget;
2. Installation and operation of schools and educational institutions;
3. Organization and operation of education courses and method of teaching and
studying;
4. Personnel management and welfare of school staffs; and
5. Other matters that the Minister of Education, Science and Technology acknowledges
as necessary.
Article 13 (Procedure, Publication etc. of Evaluation)
The Minister of Education, Science and Technology shall establish and announce
the
basic plan regarding institution evaluation and school evaluation prior to the beginning
of each school year.
In the event of conducting institution evaluation and school evaluation, the Minister
of Education, Science and Technology shall
use document evaluation, field evaluation
and comprehensive evaluation; research the responses of students and parents towards
the institutions being evaluated by using various methods such as survey research,
interviewing related people etc.; and reflect
the results on the evaluation.
Except for the cases considered necessary, the Minister of Education, Science and
Technology shall disclose the evaluation results
to the public.
Deleted
CHAPTER II. MANDATORY EDUCATION
Article 14 (Discussion In Case of Commission)
In the event of establishing or operating elementary schools, middle schools and
special schools together with nearby local self-governing
bodies as provided under the
provisions of Article 12 (3) of the Act or commissioning the part of education for the
subjects of
mandatory education, the Superintendent of the Office of Education shall
hold discussions with the related Superintendent of the
Office of Education on school
location, commissioned area, cost allotment and other necessary matters. In this case,
necessary
cost for the commission of mandatory middle school education and matters
on its calculation shall be determined by the Minister
of Education, Science and
Technology.
In the event that an agreement is not reached under the provisions of the first part of
Paragraph (1), the Minister of Education,
Science and Technology may determine it.
Article 15 (Preparation of School Children List Etc.)
The heads of Eup, Myun and Dong shall research all those who are six years
old
from January 1st to December 31st of the year (except for those who entered elementary
school in the following year after becoming
five years old as provided under the
provisions of the first part of Article 13 (2) of the Act) among those who live in the
jurisdictional
area and make a school children list by October 31st of the same year. In
this case, those who are excluded from the school children
list by applying for
enrollment postponement in the year when they become six years in accordance with
the Paragraph 3 shall be
included.
Guardians of children who wish to enroll into school in the following year after
becoming five years old as provided under the
provisions of the first part of Article 13
(2) of the Act shall submit an early enrollment application to the heads of Eup, Myun
and Dong from October 1st to December 31st of the year, on which the children become
five years old.
In the event that the heads of Eup, Myun and Dong make a school children list under
the Paragraph (1), necessary measures shall
be taken for the guardians of children to
read it by designating a period for more than 10 days.
In the event that children who are to to enroll into school on March 1st of the
following year are transferred into the jurisdiction
after the reference day of making the
school children list under the Paragraph (1), the heads of Eup, Myun and Dong shall
enlist
them on the school children list immediately.
Necessary matters on the research and registering of school children in accordance
with Paragraphs (1) through (6) shall be determined
by the Superintendent of the Office
of Education.
Article 16 (Notification of Enrollment Date Etc.)
The Superintendent of Education shall determine the enrollment date and school
district for the children who will attend school in the following year and notify them to
the heads of Eup, Myun and Dong by November
30th of the previous year before the
enrollment date; provided, however, that the school districts of annex elementary
schools
and private elementary schools of teachers' college, college of education and
general teachers' college (hereinafter referred to
the "education college etc.") shall not
be determined.
Article 17 (Notification of Enrollment into School Etc.)
In the event of receiving the notification in accordance with the main
part of Article
16 (1), the heads of Eup, Myun and Dong shall designate the schools to be enrolled at,
and clearly state the enrollment
date and send a school enrollment notification to the
guardians of children by December 20th of the previous year before the enrollment
date.
In the event that the guardians of children intend to have the children enroll into
elementary schools other than the designated
school due to unavoidable reasons, they
shall receive the approval of the heads of the school that they intend to enter.
Article 19 (Enrollment Procedures for the Children of Overseas Korean Etc.)
In the event that the children of overseas Koreans
or foreigners enroll into or transfer
to elementary schools in Korea, the head of the school in the children's residential areas
may check the factual poof on their immigration in accordance with Article 88 of the
Immigration Control Act and the content of
foreigner registration fact proof through the
joint use of administrative information in accordance with Article 21(1) of the
Electronic
Government Act and execute enrollment or transference procedures in
accordance with Articles 17 and 21; provided, however, that,
in the event that the
overseas Koreans or foreigners do not agree with the decisions, they shall submit
documents that prove the
facts on immigration, documents that may prove their
foreigner registration or other documents that may confirm their residential
status such
as rental contracts, letter of guarantee on residential status etc.
Notwithstanding the provisions of Articles 16 and 21, children who came back from
foreign countries may enroll into or transfer
to elementary schools with special classes
for returning students as determined by the Superintendent of the Office of Education.
Article 20 Deleted
In the event that it is deemed necessary to change the educational environment of a
student due to the student's maladjustment
to school life, family matters etc., the head of
the elementary school may recommend the transfer of the student after receiving
the
agreement of at least one guardian of the student. In this case, notwithstanding the
provisions of Paragraph (1), the Superintendent
of Education may designate the school
to be transferred and have the student transferred to it.
Article 22 (Notification of Children
Not Attending School)
In the event that there are students who did not enroll into or transfer to school within
seven days after
the enrollment date or transfer date or have actual places of residence
that are different from their addresses among children who
either received school
enrollment notifications under the provisions of Article 17 (2) and (3) or completed the
transference procedures
as provided under the provisions of Article 21, the head of the
elementary school shall notify their names to the heads of Eup,
Myun and Dong of the
students' places of residence.
Article 23 (Subjects of Mandatory Middle School Education)
The subjects of mandatory middle school education as provided under
the provisions
of Article 8 of the Education Framework Act shall be provided under any of the
following Subparagraphs.
1. Subjects in the age for middle school education who reside in administrative districts
of Eup or Myun;
2. Subjects in the age for middle school education who reside in islands or remote areas
as seen in Table 1;
3. Subjects in the age for middle school education who reside in the areas that have, as
school districts, elementary schools located
in the areas that correspond to
Subparagraphs 1 and 2;
4. Subjects in the age for middle school education who reside in Special Metropolitan
City, Metropolitan City or city areas as the
areas other than Subparagraphs 1 through 3;
and
5. Subjects of middle school education among the subjects of special education as
provided under the provisions of Article 10 of
the Act on the Promotion of Education
for the Disabled
Deleted
Article 24 (Enrollment Procedures for the Subjects of Mandatory Middle School
Education)
The head of the elementary school which the subjects of mandatory middle school
education have graduated shall submit the middle
school assignment application of the
subjects to the middle school enrollment drawing management committee of the school
district,
to which the school belongs under the provisions of Article 70; provided,
however, that in the case of middle school districts,
the head of the elementary school
shall submit it to the Superintendent of Education.
Notwithstanding the provisions of Paragraph
(1), any person that apply to any of the
following Subparagraphs shall submit a middle school assignment application to the
Superintendent
of Education that has jurisdiction over the school district or middle
school district, to which the elementary school that has the
place of residence in the
school district belongs.
1. Any person who received the postponement of enrolling into school as provided
under the provisions of Article 28 and intends to
enroll into school in the following
year;
2. Subjects in the age for middle school education who changed their place of residence
to an area of a different school district
or middle school district within the area of
conducting mandatory middle school education or subjects in the age for middle school
education who transferred from an area outside the area of conducting mandatory
middle school education to the area of conducting
mandatory middle school education;
3. Subjects in the age for middle school education who reside in the area of conducting
mandatory middle school education among those
who completed more than six years of
school education course in foreign countries; and
4. Subjects in the age for middle school education who reside in the area of conducting
mandatory middle school education among those
who passed the middle school
enrollment qualification examination as provided under the provisions of Article 96.
Article 25 (Demand,
Warning and Notification)
The heads of elementary schools and middle schools shall order the guardians or
employers of the students for the students attending
school or warn them not to disturb
the students receiving mandatory education in the event that the subject students of
mandatory
education apply to any of the following Subparagraphs.
1. In the event that a student is absent from school for not less than seven days without
justifiable cause; and
2. In the event that students receiving mandatory education is disturbed by their
employers.
In the event that the situation continues seven days after the order or warning under
Paragraph 1 or orders or warnings are issued
more than twice, the heads of elementary
schools or middle schools shall notify the heads of Eup, Myun and Dong in the case of
elementary schools and to the Superintendent of Education in the case of middle schools.
Article 26 (Demand for Enrolling into School
Etc.)
In the event of receiving the notification under the provisions of Article 22 or Article
25 (2), the heads of Eup, Myun
and Dong or the Superintendent of Education shall
request the guardians of students for the students enrolling into or attending
school or
warn the employers not to disturb the students receiving their mandatory education.
In the event that the situation
continues after issuing demands or warnings more than
twice under Paragraph 1, the heads of Eup, Myun and Dong shall notify the
progress to
the superintend of education in the case of elementary schools and the Superintendent of
Education shall notify the
progress to the Superintend of the Office of Education in the
case of middle school promptly.
The Superintendent of Education who received the report from the heads of Eup,
Myun or Dong as provided under the provisions of
Article 2 shall report to the
Superintendent of the Office of Education immediately.
Article 27 (Measures to Demand for Enrolling
into School)
The Superintendent of the Office of Education shall check and examine situations of
the demand for enrolling into
school for mandatory education and shall take necessary
measures thereof.
In the event that a person responsible for encouraging school attendance or a police
officer locates a school-aged child wandering
about on the street, he/she shall
investigate the reason thereof and shall take appropriate measures for encouraging
school attendance.
Article 28 (Exemption from Duty to Enroll into School Etc.)
Regarding the exemption or suspension from the duty to enroll into
school as
provided under the provisions of Article 14 of the Act, the head of the relevant school
shall determine it after receiving
the application from the guardians of the subjects of
mandatory education; provided, however, that where it cannot be applied due
to
unavoidable reasons such as the missing of the guardian etc., the head of the respective
school may check the reason and determine
its exemption or suspension.
In the event that exemption or suspension is determined under Paragraph 1, the heads
of elementary
schools and middle schools shall report its content thereof to the heads of
Eup, Myun or Dong of the guardians in the case of elementary
schoolss and to the
guardians and the Superintendent of Education in the case of middle schools; provided,
however, that concerning
the notification to guardians, notification may not be sent
where the content cannot be notified due to reasons such as the absence
of the guardians
etc.
When deciding the exemption from the duty to enroll into school under Paragraph 1,
the heads of elementary schools and middle schools
shall deliberate thereon in the case
of diseases prescribed by the Superintendent of the Office of Education or other
unavoidable
reasons.
The suspension from enrolling into school shall be within one year; provided,
however, that, where there is any special reason,
it may be suspended again or the
suspension period may be expended.
Article 29 (Management of School Register of the Suspended Etc.)
For those who received suspension after enrolling into school
or are absent from
school for more than three months without any justifiable reason among those who
received suspension from enrolling
into school, the heads of elementary schools and
middle schools may manage their school register in addition to the fixed number
in
accordance with school rules.
In the event that those whose school registers are managed in addition to the fixed
number among those who are absent from school
under Paragraph (1) or those who
received the decision of exemption or suspension from enrolling into school as provided
under
the provisions of Article 28 intend to attend or enroll into school, the heads of
elementary schools and middle schools may determine
their grade in accordance with
the result of subject completion recognition evaluation conducted by the Subject
Completion Recognition
Evaluation Committee as provided under the provisions of
Article 6 of the Early Promotion to Higher Grade and Early Graduation Regulations.
PART 1. STUDENT
Article 30 (Guarantee of Students' Self-Governing Activities)
In order to encourage and protect the students' self-governing activities
under the
provisions of Article 17 of the Act, the heads of schools shall provide support for
necessary matters.
Article 31 (Punishment of Students Etc.)
Under the main part of Article 18 (1) of the Act, the heads of schools may impose
punishments falling under any of the following
subparagraphs on the students where it
is deemed necessary for education.
1. Service in school;
2. Social service;
3. Completion of special education; and
4. Expulsion from school.
In the event of imposing punishments under Paragraph (1), the heads of schools shall
use educational
methods that respect the students' character and apply the types of
punishments step by step in accordance with the gravity of the
reasons in order to give
students opportunities to repent.
The Superintendent of the Office of Education shall prepare and operate the
education methods necessary to educate the students
who receive the penalty of
completing the special education under Paragraph (1) 3 and take necessary measures
such as securing
the school staff, facilities, equipment etc.
The expulsion from school under Paragraph (1) 4 applies to those who apply to each
of the following subparagraphs beside the students who are in mandatory education
courses.
1. Any person whose behavior is poor and who are deemed to be unable to improve
such behavior;
2. Any person who is absent from school frequently without any justifiable reason; and
3. Any person who violates other school rules.
Before administering expulsion from school, the head of the school may have the
student study at home for a certain period of time.
In the event that administering expulsion from school, the head of the school
shall
provide career counseling to the students and guardians and make efforts to recommend
other schools, vocational education
training institutions etc. by cooperating with local
communities.
In the event of providing the guidance as provided under the provisions of the main
part of Article 18 (1) of the Act, the head
of the school shall use the method of discipline
and admonishment so not to inflict physical pain to the students except during
unavoidable situations.
Article 31-2 (Request for Reviewing Those who were Expelled from School)
In the event that students or guardians request for review
to the City/Do student
Punishment Settlement Committee (hereinafter referred to the "Punishment Settlement
Committee") as provided
under the provisions of Article 18-3 of the Act, the matters
falling under each of the following subparagraphs shall be written
on paper.
1. Name, address and contact information of the requesting person;
2. Other party of the request;
3. Day on which the expulsion was notified; and
4. Purport and reason of claim.
The Punishment Settlement Committee may ask the requesting person or the party to
be requested
to submit data or information necessary for review, and the person
requesting or the party to be requested shall submit it immediately
unless there is
special reason not to.
The Punishment Settlement Committee may ask the person requesting, the party to
be requested, related school staff and so forth
to attend the Punishment Settlement
Committee and state their cases.
In the event that it is deemed necessary, the Punishment Settlement Committee may
ask experts or witnesses to attend or hear their
opinions through written document.
The meeting of the Punishment Settlement Committee shall, in principle, be held
behind closed
doors.
In the event of deciding upon the request for review, the Punishment Settlement
Committee shall promptly submit the original copy
of the decision paper with the
matters falling under any of the following subparagraphs to the person requesting or the
party to
be requested.
1. Case number and case title;
2. Name and address of the person requesting;
3. Cause of the expulsion;
4. Content of decision;
5. Reason for decision; and
6. Date of decision.
[This Article Newly Enacted by Presidential Decree No. 20635 on Feb. 22, 2008]
Article 31-3 (Organization of
Punishment Settlement Committee Etc.)
The Punishment Settlement Committee shall consist of not more than seven
members including
one chairperson.
The members of the Punishment Settlement Committee (hereinafter referred to as the
"member" under this Article and Article 31-4)
shall be appointed by the Superintendent
of the Office of Education among those who apply to any of the following
subparagraphs:
1. Two people among school inspectors, education inspectors, junior supervisors,
education researchers or middle school teachers
with more than 15 years of teaching
experience;
2. Police officers who belong to the local police station of the competent area;
3. Any person with the lawyer qualifications;
4. Any person with positions higher than assistant professor at colleges or researcher
institutions;
5. Parents of students at schools in the area under the jurisdiction of the Superintendent
of the Office of Education or the representatives
of non-profit private organizations
related to education; and
6. Counseling experts of youth related organizations or youth counseling institutions, or
psychiatrists of medical facilities
The term of the members shall be two years, and consecutive appointment may be
permitted.
The head of the Punishment Settlement Committee (hereinafter referred to as the
"head of the committee" under this Article and
Article 31-4) shall be appointed by the
Superintendent of the Office of Education among the members.
[This Article Newly Enacted
by Presidential Decree No. 20635 on Feb. 22, 2008]
Article 31-4 (Operation of Punishment Settlement Committee Etc.)
The head of
the committee shall summon meetings and be the chairperson of the
meeting.
In the event that the head of the committee summons a meeting, he/she shall notify
the date, place and subject of the meeting to
each member by using letters, information
and communication media etc. at least five days prior to the opening of the meeting;
provided, however, that the same shall not apply in urgent situations.
The Punishment Settlement Committee shall open with the
attendance of at least half
of the registered members and be resolved by the approval of more than half of the
attending members.
There shall be one executive secretary to do the administrative work of the
Punishment Settlement Committee, and the executive
secretary shall be appointed by
the head of the committee among government employees who belong to City/Do Office
of Education.
A member shall be excluded from the respective case where applying to any of the
followings subparagraph.
1. In the event that he/she is or was related to the expelled student or the guardian of the
student; and
2. In the event that he/she is involved in the respective expulsion measures.
In the event that there is a significant reason for
a member to make an unfair decision,
the person requesting may appeal such fact in writing and request for avoidance, and the
avoidance
of the respective member shall be determined by the approval of the
Punishment Settlement Committee.
In the event that a member applies to the reason under Paragraph (5) or (6), he/she
may avoid the deliberation and decision of
the case concerned.
Allowances and travel expenses may be paid to the members and experts attending a
meeting; provided, however,
that the same shall not apply where the member who is a
government employee attends a meeting in direct relation to their official
duties.
Necessary matters on the operation of the committee beside the matters determined
in this Article shall be determined
by the head of the committee after the approval of the
committee.
[This Article Newly Enacted by Presidential Decree No. 20635 on Feb. 22, 2008]
PART 2. SCHOOL STAFF
Article 32 Deleted
Subject teachers may be placed to be in charge of physical education, music, art,
English and other subjects at elementary schools
beside class teachers, and its
calculation standard shall be 0.75 persons per three classes above the third grade. The
placement
standard for each school shall be determined by the competent offices.
Hygiene teachers, expert counseling teachers and librarians
may be placed at
elementary schools in addition to teachers under Paragraphs (1) and (2); provided,
however, that one hygiene teacher
shall be placed at an elementary school with more
than 18 classes.
1. Two people at schools with six to 11 classes;
2. Less than four people at schools with 12 to 17 classes;
3. Less than six people at schools with 18 to 35 classes;
4. Less than 12 people at schools with more than 36 classes; and
5. One person at schools that do not have any assistant principal and has less than five
classes or branch schools with less than
five classes
The title of assistant teacher under Paragraph (4) shall be determined by the
competent office, and the types and
works of the assistant teachers for each school shall
be determined by the head of the school.
Article 34 (Placement Standard of Middle School Teachers)
As provided under the provisions of Article 19 of the Act, three teachers
may be
placed per class up to three classes aside from the principal and the assistant principal
and 1.5 persons may be placed
per class exceeding three classes, and an assistant
principal may be placed at a branch school with more than three classes.
More
than one business teacher shall be placed per three classes at middle schools in
addition to the teachers in accordance with Paragraph
(1).
Practicum teachers, hygiene teachers, counseling teachers and librarians may be
placed at middle schools in addition to the
teachers under Paragraphs (1) and (2).
1. One person at schools with three to eight classes;
2. Two people at schools with nine to 11 classes;
3. Less than eight people at schools with 12 to 17 classes;
4. Less than 11 people at schools with more than 18 classes; and
5. One person at a branch school with less than two classes
The heads of middle schools may place necessary assistant teachers besides
the
number of assistant teachers under Paragraph (4) with the approval of the Superintend
of the Office of Education (the Minister
of Education, Science and Technology in the
case of the heads of special schools and various schools in accordance with the attached
Table 1 of the Decree on the Establishment of National Schools, the head of the teachers
college of the university to which the
school is attached in the case of annex middle
schools under the attached Table 5 of the above Decree and Article 10 of the Decree
on
the Establishment of Seoul National University, or president in the case of the head of
the annex middle school as provided
under the provisions of Article 9 of the Decree on
the Establishment of Korea National University of Education).
The provisions of Article 33 (5) shall apply mutatis mutandis to the title of assistant
teachers placed at middle schools.
Article 35 (Placement Standard of High School Teachers)
As provided under the provisions of Article 19 of the Act, three teachers
shall be
placed per class up to three classes at a high school in addition to the principal and
assistant principal, and two teachers
shall be placed per school with more than three
classes.
More than one business teacher shall be placed per three classes at high schools in
addition to the teachers in accordance with
the Paragraph (1).
Practicum teachers, hygiene teachers, counseling teachers and librarians may be
placed at high schools in addition
to the teachers under Paragraphs (1) and (2).
1. Two people at schools with three to five classes;
2. Three people at schools with six to eight classes;
3. Less than eight people at schools with nine to 17 classes; and
4. Less than 11 people at schools with more than 18 classes
The provisions of Articles 33 (5) and 34 (5) shall apply mutatis mutandis
to the title
of the assistant teachers placed at high schools. In this case, "middle schools" and
"various schools" shall be considered
as "high schools" and "annex middle schools" as
"annex high schools."
Notwithstanding the provisions of the former part of Article 33 (1), Articles 34 (1)
and 35 (1), one additional assistant principal
may be placed at elementary schools,
middle schools and high schools with more than 43 classes and the respective assistant
principal
may teach classes in this case.
In the event that there are night classes at middle schools and high schools, an
additional assistant principal may be placed for
the night classes.
Article 36-2 (No Placement of Assistant Principal)
"Schools with less than a certain size prescribed by the
Presidential Decree" in
accordance with Subparagraph 2 of Article 19 (1) of the Act shall be schools with the
number of teachers
being less than the minimum placement standard in accordance with
the placement standards of teachers as provided under the provisions
of Articles 33
through Article 35.
Notwithstanding Paragraph (1), an additional assistant principal may be placed
where the Superintendent of the Office of Education
deems it necessary by taking into
account the education manpower, education finance etc. In this case, the assistant
principal
shall teach classes.
[This Article Newly Enacted by Presidential Decree No. 17023 on Dec. 27, 2000]
Article 37 (Placement Standard of School Staffs)
Deleted.
The provisions of Articles 33, 36 (1) and 37 (2) shall apply mutatis mutandis to the
placement of school staff at citizenship training
schools. In this case, "elementary
schools" and "elementary, middle and high schools" shall be considered as "citizenship
training
schools."
The provisions of Articles 34, 36 and 37 (2) shall apply mutatis mutandis to the
placement of school staff at citizenship training
high schools. In this case, "middle
schools," "elementary, middle and high schools" and "middle and high schools" shall be
considered
as "citizenship training high schools."
In the event that it is necessary in accordance with local situations, notwithstanding
Paragraphs (1) and (2), the heads of citizenship training schools or the heads of the
citizenship training high schools may receive
the approval of the Superintendent of the
Office of Education and change the placement standards of the school staff.
Article 39
(Placement Standard of School Staffs at Citizenship Training High
Schools Etc.)
The provisions of Article 35, 36 and 37 (2) shall apply mutatis mutandis to the
placement of school staff at citizenship training
high schools. In this case, "high
schools," "elementary, middle and high schools" and "middle and high schools" shall be
considered
as "citizenship training high schools."
Notwithstanding Paragraph (1), the heads of technical high schools may receive the
approval
of the Superintendent of the Office of Education and replace the number of
less than 1/3 of the teacher quota with industry and
academy teachers in accordance
with Article 22 of the Act where there are special situations.
Article 40 (School Teachers of Special
Schools Etc.)
Principals and assistant principals shall be placed at special schools in accordance
with Article 19 of the Act;
provided, however, that no assistant principal shall be placed
at schools with less than five classes, and assistant principals
may be placed at branch
schools with more than three classes.
Placement standards of special education teachers at special schools etc. shall be
determined by the Presidential Decree.
Counseling teachers and librarians may be placed at special schools.
[Wholly Amended by Presidential Decree No. 20790 on May 26,
2008]
Article 40-2 (Placement Standard of Expert Counseling Circuit Teachers)
In accordance with Article 19-2 of the Act, less
than two counseling circuit teachers
shall be placed at low grade education administration institutions as provided under the
provisions
of Article 36 of the Act on Local Educational Autonomy.
[This Article Newly Enacted by Presidential Decree No. 18551 on Sep. 23, 2004]
Article 40-3 (Placement Standard of Nutrition Teachers)
In accordance with Article 5 of the School Meals Act, one nutrition teacher shall be
placed at schools with cafeteria facilities
and equipments as provided under the
provisions of Article 7 of the same Act; provided, however, that where one nutrition
teacher
cannot be placed for each school due to the shortage of teachers etc., it shall be
determined by the competent office.
Notwithstanding Paragraph (1), nutrition teachers may be placed jointly at more than
two schools that have cafeteria facilities
and equipment with less than 12 classes to be
served in total.
[This Article Newly Enacted by Presidential Decree No. 19057 on Sep. 29, 2005]
Article 41 (Qualification of Teachers)
Necessary matters on the qualification authorization of teachers and the organization,
authority and operation of Teacher Qualification
Authorization Committee under the
provisions of Article 21 of the Act shall be determined by the Presidential Decree.
Article 42
(Industry and Academy Teachers Etc.)
Industry and academy teachers as provided under the provisions of Article 22 of the
Act shall conform to the qualifications of
the attached Table 2 and be appointed by the
heads of schools in the case of national and citizenship training schools, and by the
school corporations or the heads of private schools in the case of private schools;
provided, however, that in the case of private
schools, the appointment right may be
entrusted to the heads of schools in accordance with the articles of the school
corporations
etc.
The deliberation of the School Operation Committee shall be required as provided
under the provisions of Article 31 of the Act
where appointing industry and academy
teachers etc. in accordance with Paragraph (1); provided, however, that the same shall
not
apply to a school where the School Operation Committee is not established.
Allowances may be paid within the budget to industry
and academy teachers etc.
CHAPTER IV. SCHOOL
PART 1. GENERAL PROVISIONS
Article 43 (Subjects)
The school subjects in accordance with Article 23 (3) of the Act shall be provided
according to any of the following subparagraphs.
1. Elementary schools and citizenship training schools: Korean, ethics, social studies,
math, science, practical course, physical
education, music, art, foreign language
(English) and other subjects considered necessary by the Minister of Education, Science
and Technology;
2. Middle schools and citizenship training high schools: Korean, ethics, social studies,
math, science, technology, home economics,
physical education, music, art, foreign
language and other subjects considered necessary by the Minister of Education, Science
and Technology;
3. High schools: Korean, ethics, social studies, math, science, technology, home
economics, physical education, music, art, foreign
language and other subjects
considered necessary by the Minister of Education, Science and Technology; and
4. Special schools and technical high schools: Subjects as determined by the Minister of
Education, Science and Technology
Article 44 (Semester)
School semesters in accordance with Article 24 (3) of the Act shall be divided into two
semesters for each school year. The first
semester shall be from March 1st to the day as
determined by the head of school taking into consideration the number of school days,
holidays and the operation of academic curriculum, and the second semester shall be
from the next day of the last day of the first
semester to the end of February of the
following year.
The school days as provided under the provisions of Article 24 (3) of the Act shall be
determined by the heads of schools in accordance
with the standards falling under each
of the following subparagraphs.
1. Deleted 2. Elementary schools, middle schools, high schools, technical high schools and special
schools (excluding kindergarten classes):
More than 220 days for each school year;
provided, however, that where it is deemed necessary for the operation of the academic
curriculum in the case of natural disasters, practice of 5 day classes per week, operation
of research schools, and operation of
autonomic schools as provided under the
provisions of Article 105 etc., class days may be reduced within the range of 1/10 and it
shall be reported to the competent office 30 days before the beginning of the next school
year where the school days are reduced;
and
3. Citizenship training schools and citizenship training high schools: More than 170
days for each school year
Article 46 (Class Organization)
The organization of classes as provided under the provisions of Article 24 (3) of the Act
shall apply for the same grade and same
division; provided that, in the event that it is
especially necessary for the operation of academic curriculum, the heads of school
may
organize one class with students of more than two grades.
Article 47 (Holidays Etc.)
The heads of schools shall determine the school holidays as provided under the
provisions of Article 24 (3) of the Act prior to
the beginning of each school year through
the approval of the School Operation Committee in accordance with Article 31 (1) of
the
Act, and such holidays shall include holidays of government offices and summer and
winter vacations.
Deleted.
In the event that it is necessary for education, the heads of schools may allow
outdoor experience studies with the agreement of
the students' guardians. In this case,
the heads of schools may acknowledge the outdoor experience studies as classes within
the
range of the school rules.
Article 49 (Class Time)
The start time and end time of classes shall be determined by the head of the school.
Article 50 (Completion, Graduation, Etc.)
The heads of schools shall evaluate the completion of the education course and
acknowledge the completion or graduation for the
students in each grade.
The necessary attendance for the completion of each grade shall be 2/3 of the class
days in accordance
with the provisions of Article 45.
The heads of schools shall give certificates of graduation to those who are
recognized to have
completed the education course of the competent schools.
Article 51 (Number of Classes and Number of Students)
The number of classes
and the number of students for each class shall be determined by
the Superintendent of the Office of Education. In this case, any
person who applies to
any of the following subparagraphs may not be included in the number of students.
1. Repeaters;
2. Any person who applies to Subparagraphs 2 and 3 of Article 82 (3);
3. Any person who reenrolled, changed schools or transferred from other schools;
4. Children of national merit award winners in accordance with the Act on the
Honorable Treatment and Support of Persons, etc. of
Distinguished Services to the
State; and
5. Any person who is appointed by the Superintendent of the Office of Education in
accordance with the local situations
Article 52 (Student Accommodation Plan)
The Superintendent of the Office of Education shall establish a student accommodation
plan for each school year in order to accommodate
for the proper number of students to
the competent schools.
[Wholly Amended by Presidential Decree No. 16729 on Feb. 28, 2000]
Article 53 (Early Promotion, Early Graduation Etc.)
Necessary
matters on the early promotion, early graduation, and qualification to enroll
into higher schools in advance as provided under the
provisions of Article 27 (3) of the
Act shall be determined by the Presidential Decree.
Article 54 (Education for Slow Learners
Etc.)
The heads of schools shall evaluate the students who have difficulties in leading
normal school lives under the provisions of Article
28 of the Act and students who
stopped studying in accordance with the standards determined by the Superintendent of
the Office
of Education.
Regarding the students under the Paragraph (1), the heads of schools may provide
necessary education such as experience-based education
etc. within the range of the
school days as determined by the Superintendent of the Office of Education or provide
education by
entrusting the students to the education institutions that are acknowledged
as appropriate by the Superintendent of the Office of
Education.
Article 55 (Use of Class Books)
Necessary matters on the range of class books as provided under the provisions of
Article 29 (2) of the Act shall be determined
by the Presidential Decree.
Article 56 (Integrated Operation of Elementary, Middle and High Schools)
In the event of intending
to integrate and operate schools as provided under the
provisions of Article 30 (1) of the Act, the founders and operators of schools
shall
consider the educational environments such as the size of schools, commute distances of
students and the opinions of local
residents in the areas where the competent integrated
operation schools are located.
Necessary matters on the facility and equipment standards of the integrated operation
school shall be determined by the Presidential
Decree.
School teachers shall be placed according to the school teacher placement standards
that apply to each integrated operation
school, and the founder and operator of the
school may work as a school teacher within the range so that it does not affect the
school operation.
Necessary matters on the operation of education courses, office management and the
operation of integrated operation schools shall
be determined by the competent office.
Article 57 (Branch School Head)
In the case of special situations, the Superintendent of the Office of Education may
install branch schools at public elementary,
middle and special schools.
PART 2. SCHOOL OPERATION COMMITTEE
Article 58 (Constitution of National and Public School Operation Committee)
The fixed number of members of the School Operation
Committee at national and
public elementary, middle, high and special schools (hereinafter referred to as the
"national and public
schools" up to Article 62) among School Operation Committees
(hereinafter referred to as the "operation committees") as provided
under the provision
of Article 31 of the Act shall be determined by the competent school's school operation
committee rule (hereinafter
referred to as the "committee rule") taking into
consideration the size of school etc. within the range of the following subparagraphs.
1. Schools with less than 200 students: five to eight people;
2. Schools with 200 to 1,000 students: nine to 12 people; and
3. Schools with more than 1,000 students: 13 to 15 people.
The composition ratio of operation committee members at national and
public
schools shall be determined by the committee rule within the range as determined by the
classification of each of the following
subparagraphs:
1. Parent members (any person who represents the parents of students at the respective
school; hereinafter the same in this Paragraph):
40/100 to 50/100;
2. Teacher members (any person who represents the school teachers at the respective
school; hereinafter the same in this Paragraph):
30/100 to 40/100; and
3. Local members (any person who resides in the area where the respective school is
located including the government employees who
perform the work of education
administration, businesspeople who work in the area where the respective school is
located, the graduates
from the respective school and others who contribute to the
operation of the school; hereinafter the same in this Paragraph): 10/100
to 30/100
Notwithstanding Paragraph (2), the composition ratio of the national and public
special high school operation committee
members in accordance with Subparagraph 1
of Article 80 (1) may be determined by the committee rule within the range as
determined
by the classification of each of the following subparagraphs. In this case,
more than 1/2 of the local members shall be selected
among businesspeople under the
Paragraph (2) 3. 1. Parent members: 30/100 to 40/100;
2. Teacher members: 20/100 to 30/100; and
3. Local members: 30/100 to 50/100.
Deleted
The heads of national and public schools shall be the automatic teacher members of
the operation committee.
Parent members shall be selected among the parents of students at the parents'
general meeting by democratic methods; provided,
however, that, in the event that it is
difficult to select parent members at the general meeting determined by the committee
members
considering the size, facility etc. of the school, they may be selected at the
parents representatives meeting of class representatives
in accordance with the
competent committee rules.
Parent members beside the automatic teacher members shall be selected among
teachers at Teachers General Meeting by secret vote.
Local members shall be selected by parent members and teacher members by secret
vote through the recommendation of parent members
or teacher members.
The operation committee shall have one chairperson and one vice chairperson, and
they shall be selected by
secret vote among members who are not teacher members.
Article 60 (Deliberation of Operation Committee Etc.)
The heads of national
and public schools shall respect the deliberation result of the
operation committee and shall report it to the operation committee
and competent office
in writing in the event of intending to implement differently from the deliberation result.
In the event
of undergoing the deliberation of the operation committee, when there is
a possibility for grave failure of education activities
and school operations, and the
operation committee cannot be summoned due to natural disasters and other
unavoidable causes, the
heads of the national and citizenship training schools may
execute the matters under each subparagraphs of Article 32 of the Act
without
undergoing the deliberation of the operation committee.
In the event of executing the matters under Paragraph (2) without
undergoing the
deliberation of the operation committee, the heads of national and public schools shall
promptly report it to the
operation committee and competent office in writing.
Article 61 (Corrective Order)
In the event that the heads of national and public schools execute differently from the
deliberation result of the operation committee
as provided under the provisions of
Article 32 (1) and (3) of the Act or did not execute the deliberation result without any
justifiable
reason or execute matters without undergoing deliberations without the
reasons as provided under the provisions of Article 60 (2)
the competent office may
make a corrective order in accordance with Article 63 of the Act.
Article 62 (Delegation to Regulations Etc.)
Matters not defined in this Decree on the constitution and operation of operation
committees at national and public schools shall
be decided by school rules in the case of
national schools and by the City/Do ordinances in the case of public schools.
Article
63 (Operation Committee of Private Schools)
The operation committees (hereinafter referred to as the "private school operation
committee") at private elementary, middle, high and special schools (hereinafter
referred to the "private schools" in this Article)
as provided under the provisions of
Article 31 shall consists of teacher members, parent members and local members of the
competent
schools.
The provisions of Articles 58, 59, 60 (2) and 60 (3) shall apply mutatis mutandis to
the selection of the fixed number of private
school operation committee members, and
the teacher members beside the automatic teacher members shall be appointed by the
head
of the respective school in accordance with the procedures of the articles of
incorporation through the recommendation of the teachers
general meeting. In this case,
"national and public schools" shall be considered as "private schools" and
"deliberation" shall
be considered as "consulting."
The heads of schools shall respect the consulting result of the operation committee.
In the event
of not undergoing the deliberation of the operation committee regarding
the raising, operation and use of school advancement funds
as provided under the
provisions of Article 32 (3) of the Act, executing matters differently from the result of
the deliberation,
failing to execute the result of the deliberation without justifiable
reasons or executing matters without consulting without the
reasons as provided under
the provisions of Article 60 (2), the competent office may make a corrective order in
accordance with
Article 63 of the Act.
Matters not defined by this Decree regarding the constitution of private school
operation committees shall be determined by the
articles of incorporations.
[Wholly Amended by Presidential Decree No. 16729 on Feb. 28, 2000]
Article 64 (School Advancement Fund)
School advancement funds (hereinafter referred to as the "advancement fund") as
provided under the provisions of Article 33 of
the Act shall be raised by methods falling
under any of the following subparagraphs:
1. Reception of the money donated by a donator; and
2. Organizations and groups with parents etc. in and out of schools that collect money
from members voluntarily or receive money
from persons other than members.
The advancement fund shall be used for purposes falling under any of the following
subparagraphs:
1. Repair and expansion of school education facilities;
2. Purchase of educational materials and books;
3. Support for school physical education activities and other student activities; and
4. School welfare and support for student self-governing activities.
The operation committee shall raise and operate the advancement
fund under the
name of the chairperson of the operation committee in accordance with the provisions
of the Ordinance the Ministry
of Education, Science and Technology Edict.
The operation committee may entrust the management and execution of the
advancement fund and other related works to the head of
the respective school.
The head of the school who is entrusted with the work under Paragraph (4) shall
manage the advancement
funds through separate accounts and report the execution plan
and execution content of the advancement funds to the operation committee
in writing
every quarter.
In the event of receiving the report under Paragraph (5), the operation committee
shall review it and notify the result to the
parents of students.
In the event of entrusting the work related to advancement funds to the head of
schools under Paragraph (4),
the operation committee may supervise the execution etc.
of the advancement funds.
The operation committee shall complete the settlement of accounts within 20 days
after the end of the school's fiscal year, report
the result to the competent office, and
notify the result to the parents of students.
Necessary matters on raising, operation and financial management of the
advancement funds shall be determined by the Ordinance
of the Ministry of Education,
Science and Technology.
Article 66 (Permission to Enroll into Middle Schools Etc.)
The enrollment, reenrollment, expulsion, change of school, transference
and temporary
absence of middle school students shall be determined by the heads of schools in
accordance with the school rules
unless there are special regulations.
Article 67 (Middle School Enrollment Time Etc.)
The time for enrollment into middle school shall be within 30 days after the
beginning of the school year.
The time for reenrollment or transfer of middle school students may be done on
several occasions within the range so that it does
not affect the completion of the
education courses of the respective school; provided, however, that the time for transfer
in the
areas designated by the Ordinance of the Ministry of Education, Science and
Technology as provided under the provisions of Article
77 (2) may be determined by the
Superintendent of the Office of Education.
The areas, school districts, middle school districts and drawing methods under the
Paragraph (1) shall be determined by the Superintendent
of the Office of Education
through the approval of education committee.
In the event that the Superintendent of the Office of Education determines areas, etc.
in accordance with the Paragraph (3), it
shall be announced.
Article 69 (Enrollment Method for Sports Talents)
Notwithstanding the provisions of Article 68, the Superintendent
of Education may
allow sports talents to enroll into schools within the range as determined by the
Superintendent of the Office
of Education in the quota for the enrolling students for the
respective grade in the area supervised by the Superintendent of Education.
In this case,
the quota for sports talent schools and the quota for each sport shall be determined by
the Superintendent of Education.
Notwithstanding the provisions of Article 68, the Superintendent of Education may
designate a middle school in the school district
and allow the disabled to enroll into the
school.
The range, enrollment methods and procedures of sports talents and approval
methods of the disabled under Paragraphs (1) and (2)
shall be determined by the
Superintendent of Education.
Article 70 (Middle School Enrollment Drawing Management Committee)
In order to execute the drawing as provided under the provisions
of Article 68 (1),
the Middle School Drawing Management Committee shall be placed at each school
district under the Superintendent
of Education.
The Middle School Drawing Management Committee under Paragraph (1) shall
consist of five to seven members appointed by the Superintendent
of Education, and
necessary matters on its constitution and operation shall be determined by the City/Do
education rules.
Article 71 (Submission of Middle School Assignment Application)
Any person who intends to enroll into a middle school shall submit
a middle school
assignment application to the Middle School Drawing Management Committee, to
which their elementary school belongs;
provided, however, that in the case of falling
under any of the following subparagraphs, it shall be submitted to the competent
Superintendent of Education.
1. Residents in middle school district: Superintend of education having jurisdiction over
the place of residence; and
2. Elementary school graduates who changed their place of residence and any person
who corresponds to each subparagraph of Article
96: Superintendent of Education
having jurisdiction over the elementary school of the school district of the place of
residence.
Article 72 (Measures for Those Who Forfeited Enrollment into Middle School)
In the event that those who are drawn and placed as
provided under the provisions of
Articles 68 and 69 gave up on enrolling into the competent school, they shall not be
placed at
other schools during the same school year.
Article 73 (Transfer of Middle School Etc.)
Change of or transference to middle school shall be limited to the middle schools in
the school district, to which the elementary
schools of the school district in the place of
residence belongs or to middle schools in the middle school districts. In this case,
the
Superintendent of Education shall draw and place students by the method as determined
by the Superintendent of Education within
seven days after the receipt of the application
for change or transfer of school as far as the school district is concerned and
the head of
the middle school in the middle school district shall approve it as far as the middle
school district is concerned;
provided, however, that, in the event that those who intend
to change or transfer schools want and there is no absence at the middle
school in the
school district, to which the elementary school of the school district is the place of
residence, students may be
placed at other middle schools in other school districts
belonging to the jurisdiction of the competent Superintendent of Education.
Notwithstanding the provisions of Paragraph (1), in the event that there is an absence
at a sports talent school, the Superintendent
of Education may allow the student to
change or transfer schools without drawing.
Notwithstanding the provisions of Paragraph (1), in the event that a government
employee is transferred to an isolated area instead
of a connected area and the child
cannot commute to the middle school located in the designated school district or middle
school
district while staying with his/her parents, the child may change or transfer,
without drawing, to a school in the school district
or middle school district in the
competent government employee's connected area within the range of the student quota.
The term
"isolated area" in Paragraph (3) shall mean the area that is eligible for
isolated area allowance under the Act related to isolated
area allowance payments, and
the term "school district or middle school district of the connected area" shall mean the
school district
or middle school district in each of the following subparagraphs:
1. School district or middle school district in City/Do having jurisdiction over the area,
in which the competent government employee
works; and
2. School district or middle school district that the elementary school of the school
district in the place of residence before transferring
to the isolated area belongs to.
For those who are recommended for change or transfer to other schools after being
acknowledged
by the head of the middle school that the educational environment needs
to be changed for the education of the student and for those
who apply for reenrollment
among those who were expelled from school, schools may be designated for students to
change or transfer
schools despite the text of the Paragraph 1.
The heads of middle schools may allow students to change or transfer to specialized
middle schools and various other schools with equivalent academic recognition as
provided under the provisions of Article 76 within
the range so that it does not affect the
completion of the education courses.
Article 74 (Transfer to School Etc.)
Any person who is qualified for transfers shall be recognized to have completed the
courses of the grade before the grade to be
transferred to and have equivalent academic
achievements.
Any person who was expelled from school may enroll into the grade below the grade
in the event that he/she was expelled from school.
Article 75 (Enrollment, Change and Transference of Students Returning from
Foreign Countries)
Notwithstanding the provisions of Articles 68 and 73 (1), students returning from
foreign countries, foreign students and the children
of defectors from North Korea as
provided under the provisions of Subparagraph 2 of Article 2 of Act on the Protection
and Settlement
Support of Residents Escaping from North Korea may enroll, change or
transfer to middle schools in accordance with school rules.
[Wholly Amended by Presidential Decree No. 16137 on Feb. 27, 1999]
Article 76 (Specialized Schools)
The Superintendent of the Office of Education may designate and announce the
middle schools for specializing the operation of education
courses etc. (hereinafter
referred to as the "specialized middle schools"). In this case, discussion in advance with
the Minister
of Education, Science and Technology shall be necessary.
The announcement of Paragraph (1) shall include the school name, number of classes,
student recruitment area and its application
time.
Notwithstanding the provisions of Article 68, the head of the specialized middle
school may select students through the
application of the students.
In the event of selecting students in accordance with Paragraph (3), the head of the
specialized
middle school shall not select students by written tests.
PART 5. HIGH SCHOOL
Article 77 (Executor of the Enrollment Screening for High School)
Enrollment screening for high schools shall be conducted by the
head of the school
concerned. In this case, necessary matters on enrollment screening such as its method
etc. shall be determined
by the head of the respective school with the approval of the
Superintendent of the Office of Education.
Notwithstanding the provisions of Paragraph (1), the enrollment screening for high
schools located in the areas as designated by
the Ordinance of the Ministry of Education,
Science and Technology shall be conducted by the Superintendent of the Office of
Education.
Article 78 (Establishment and Announcement of Enrollment Screening Basic Plan)
For the fair management of enrollment screening
for high schools, the
Superintendent of the Office of Education shall establish and announce, by March 31st
of each year, the enrollment
screening basic plan that determines the basic matters on
enrollment screening such as procedures and methods of enrollment screening
for the
next school year of the high schools located in the competent areas, changed matters etc.
In the event that the executor
of enrollment screening intends to perform the
enrollment screening, he/she shall establish and announce the plan on the execution
of
the enrollment screening such as enrollment screening date, application reception,
screening method etc. no later than three
months (no later than 30 days before the
opening of a new school) before the execution date within the range of the enrollment
screening basic plan (hereinafter referred to as the "enrollment screening basic plan")
under Paragraph (1).
[Wholly Amended by Presidential Decree No. 21375 on Mar. 27, 2009]
Article 79 (High School Enrollment Screening Committee)
High
School Enrollment Screening Committee shall be placed under the
Superintendent of the Office of Education in order to deliberate
on matters falling under
any of the following Subparagraphs on high school enrollment screening in response to
the consultation
of the Superintendent of the Office of Education.
1. Matters on the enrollment screening basic plan and enrollment screening execution
plan;
2. Matters on the range, method and grading standards of selection examination;
3. Matters on the assessment method according to the school life record or the score of
selection examination; and
4. Other matters on enrollment screening execution as submitted by the Superintendent
of the Office of Education
Matters on the organization and operation of the High School Enrollment Screening
Committee shall be determined by the City/Do
education rule.
Article 80 (Classification of Selection Time)
The selection of new high school students shall be conducted in the first term and the
second term. High schools that select students
in the first term (hereinafter referred to as
the "first term schools") shall be the high schools falling under any of the following
Subparagraphs, and the schools that select students in the second term (hereinafter
referred to as the "second term schools") shall
be those that are not first term schools:
1. Technical high schools (high schools that generally provide technical education such
as agriculture, engineering, commerce, forestry,
information and communication,
fishery and marine transport, home economics, industry etc; hereinafter the same shall
apply);
2. Art and physical education high schools (high schools that generally provide
specialized education in art, physical education,
etc; hereinafter the same shall apply);
3. Special purpose high schools as provided under the provisions of Article 90;
4. Specialized high schools as provided under the provisions of Article 91; and
5. Autonomy private high schools as provided under the provision of Article 105 (3).
Notwithstanding the provisions of Paragraph
(1), in the event that the heads of high
schools that provide experience-based education such as nature field education etc.
among
specialized high schools as provided under the provisions of Article 91 perform
enrollment screening, they may select students regardless
of the selection time.
1. Any person who applies to each subparagraph of Article 97(1);
2. Any person who studied in another City/Do due to their middle school district;
3. Middle school graduates who changed their place of residence;
4. Graduates to be and graduates from specialized middle schools in accordance with
Article 76; and
5. Graduates to be and graduated from middle schools designated as autonomy schools
in accordance with Article 105 (1).
Notwithstanding the provisions of Paragraph (1), where it is deemed appropriate for
those who intend to apply for high school enrollment
screening to enroll into high
schools located nearby City/Do due to special reasons such as inconvenient distance or
transportation
for commuting or no first term school in the area, in which their middle
school is located etc, they may apply to the enrollment
screening executor of the nearby
high school in accordance with the decision of the related Superintendent of the Office
of Education.
1. High schools in accordance with Article 81-2;
2. Special purpose high schools in accordance with Subparagraphs 1 through 4, 7 and 8
of Article 90 (1);
3. Specialized high schools in accordance with Article 91; and
4. Industry demand custom high schools in accordance with Article 91-2.
Any person who enrolls into high school that have both day
classes (hereinafter
referred to as the "day classes") and night classes (hereinafter referred to as the "night
classes") may apply
for the day classes and the night classes of the same school.
Notwithstanding the provisions of main part of Paragraph (1), any
person who
intends to enroll into the day classes of the second term school in the area designated by
the Ordinance of the Ministry
of Education, Science and Technology as provided under
the provisions of Article 77 (2) may select and apply for more than two schools
through
the methods and procedures as determined by the Superintendent of the Office of
Education.
Article 81-2 (Special Case of Students Recruitment)
The heads of high schools that apply to the requirements falling under each
of the
following subparagraphs may select the students who attended middle schools besides
the areas where the competent high school
is located (any person who resides in the
areas beside the area where the competent high school is located for those who apply to
any subparagraphs of Article 81 (1)) within the range as determined through the
discussion between the enrollment screening executor
and the Minister of Education,
Science and Technology. In this case, the recruitment ratio shall be determined in the
range so
that it does not damage the application principle of the enrollment screening in
accordance with Article 81 (1).
1. School staff personnel expenses and school education curriculum operation costs in
accordance with the attached Table 1 of the
Local Education Subsidy Act shall not be
received from the State or local self-governing bodies;
2. The amount of money transferred from the school corporation account to the school
account for each year (hereinafter referred
to as the "corporation transference money")
shall exceed the standards as determined by the Minister of Education, Science and
Technology; and
3. Matters recognized as necessary after the Minister of Education, Science and
Technology evaluated the organization, operation
of education courses, curriculum
operation, teaching methods etc.
[This Article Newly Enacted by Presidential Decree No. 21375 on Mar. 27, 2009]
Article 82 (Enrollment Screening Methods)
The enrollment screening of the first term schools may be executed by the methods
that reflect practical examination, aptitude
test, experiment, interview etc. on the
enrollment screening methods in accordance with Paragraph (2).
The enrollment screening for second term schools shall be conducted by the middle
school life record (other usable data where there
is no school life record), selection
examination or the method that integrates both of the above.
Notwithstanding the provisions
of Paragraphs (1) and (2), to those who apply to any
of the following subparagraphs, enrollment screening may be conducted by other
methods beside the methods defined by the same Paragraph.
1. Any person who completed more than nine years of school education courses in
foreign countries or North Korea;
2. Among those who apply to any of the following items, any person who changed
schools or transferred to schools in Korea from schools
in foreign countries and
graduated from schools in Korea;
A. Any person who attended schools in foreign countries for more than two years (any
person who resided in foreign countries for
more than two years with their parents);
B. Children of scientists and professors who returned to Korea by invitation or
recommendation
of the government; and
C. Foreign students (any person who completed more than two years of middle school
education courses in the case that one or both
parents are the citizens of the Republic of
Korea).
3. As subjects of protection in accordance with Subparagraph 2 of Article 2 of the Act
on the Protection and Settlement Support of
Residents Escaping from North Korea, any
person who attended schools in North Korea for more than two years and transferred to
and graduated from middle schools in South Korea; and
4. Any person who is recognized to have the same academic achievement as middle
school graduates in accordance with Subparagraph
3 of Article 97 (1) or 98-3
While applying the provisions of Item A of Subparagraph 2 of Paragraph (3), in the
event that the
period of attending school or residing in foreign countries is less than two
years due to avoidable reasons such as time necessary
for enrolling into school in
foreign countries, the period of attending school or residing in foreign countries under
Item A of
Subparagraph 2 of Paragraph (3) may be shortened and applied through the
High School Special Enrollment Qualification Deliberation
Committee installed at each
City/Do.
Notwithstanding Paragraphs (1) and (2), for the high schools that apply to any of the
following subparagraphs, enrollment screening
may be conducted as the head of the
competent school determines for a certain ratio of the fixed number of enrolling
students after
receiving the approval from the Superintendent of the Office of
Education; provided, however, that for schools that are located
in the areas where the
Superintendent of the Office of Education conducts the high school enrollment
screening, the ratio of the
enrollment screening shall be determined by the methods as
prescribed by the head of the competent school within the range so that
it does not affect
the purpose of the Superintendent of the Office of Education's conducting the
enrollment screening.
1. Deleted 2. School corporations established by companies for the welfare of employees shall be
operated; and
3. No financial support shall be received from the State or local self-governing bodies.
Notwithstanding Paragraph (1), the enrollment
screening methods of autonomy
private schools designated by Article 105 (3) shall be determined by the Ordinance of
the Ministry
of Education, Science and Technology.
Article 83 (Method of Selection Examination)
The selection examination as provided under the provisions of Article 82 shall be
conducted for all middle school subjects within
the range so that it does not exceed the
level and category of middle school education courses, and some subjects may be
excluded
where the executor of the enrollment screening considers it necessary for the
establishment of the school, designation purpose,
operation of education course, etc.
Article 84 (Recruitment and Placement Method of New Students for Second Term
Schools)
New students for the second term schools shall be selected for in the order of day
classes and the night classes.
New students for day classes of the second term schools in the areas designated by
the Ordinance of the Ministry of Education,
Science and Technology in accordance with
Article 77 (2) shall be placed by the Superintendent of the Office of Education through
the drawing of high school districts. In the event that students selected and applied for
more than two schools as provided under
the provisions of Article 81 (5), such students
may be placed for all or part of the fixed number of the competent school by drawing
among the enrollment applicants.
New students for night class second term schools designated by the Ordinance of the
Ministry of Education, Science and Technology
in accordance with Article 77 (2) shall
be selected by the head of the competent school in accordance with the data on
enrollment
screening that the Superintendent of the Office of Education notified to each
school.
The school district under Paragraph (2) shall be determined by the Superintendent of
the Office of Education through the approval
from the education committee taking into
consideration the distribution of schools and local situations for each City/Do.
In the
event that the Superintendent of the Office of Education determined the school
areas in accordance with Paragraph (5), it shall
be publicly announced.
A High School Enrollment Management Committee shall be placed at each school
district in order to respond
to the consulting of the relevant Superintend of Office of
Education on the drawing and placement of second term schools under Paragraph
(2),
and the matters on its organization and operation shall be determined by City/Do
education rules.
In the event that those who are placed at high schools in accordance with Paragraphs
(1) through (4) and Articles 85 (2), 86 and
87 give up on enrolling into the relevant
school, they shall not be allowed to enroll into other schools for the respective school
year.
Article 85 (Application for the Second Term Schools by Those Who Applied for the
First Term Schools)
Any person who is selected for the new students for the first term schools shall not
enroll into the second term schools.
In the event that those who were not selected for new students by applying for the
first term schools wish to enroll into the second
term schools, the Superintendent of the
Office of Education may draw and place the students in accordance with Article 84 (1)
through
(4), or the head of the competent school may select the students.
Article 86 (Additional Selection and Placement)
In the event that it is deemed necessary for the student accommodation plan as provided
under the provisions of Article 52 in accordance
with the decision by the Minister of
Education, Science and Technology, the Superintendent of the Office of Education may
select
or place new high school students additionally in accordance with Articles 81, 81-
2 and 82 through 85.
Article 87 (Placement of Sports Talent Etc.)
For the sports talents among those who applied for enrollment screening, the
Superintendent of the Office of Education shall allow
them to enroll into school within
the range of the student quota for the competent school year that he/she determines in
the area
of jurisdiction despite the enrollment screening result. In the case of the second
term schools in the areas designated by the Ordinance
of the Ministry of Education,
Science and Technology in accordance with Article 77 (2), the Superintendent of the
Office of Education
shall determine the sports special schools as well as the fixed
number for each sport without the limitation to school district
notwithstanding the
provisions of Article 84 (1) and (2) and place sports talents accordingly.
For those who are deemed to require for commuting among the disabled who applied
for the enrollment screening and selected, the
Superintendent of the Office of Education
may select a school and allow them to enroll notwithstanding the provisions of Article
84 (1) and (2).
The range of sports talent under Paragraph (1) and the approval method of the
disabled under Paragraph (2) shall be determined
by the Superintendent of Education.
Article 88 (Screening Fee)
Any person who intends to apply for enrollment screening as provided under the
provisions of Article 81 shall pay the screening
fee in accordance with the decisions by
the City/Do education rules.
Article 89 (Transfer of High Schools Etc.)
Within the range where it does not affect the completion of the education courses, the
heads of high schools may allow the change
of and transfer to schools among general
high schools, technical high schools, art and physical education high schools, and
special
purpose high schools as provided under the provisions of Article 90, specialized
high schools as provided under the provisions of
Article 91, and various other schools
with equivalent academic achievements.
Notwithstanding the provisions of Paragraph (1), in the event of changing or
transferring from general day class high schools to
general day class high schools in the
areas determined by the Ordinance of the Ministry of Education, Science and
Technology as
provided under the provisions of Article 77 (2), it shall be limited to
those whose places of residence that were changed from other
school districts or
different City/Do and the Superintendent of the Office of Education places the schools
to change or transfer
to. In this case, where there is no absence at schools located in the
respective school district and there is absence at schools
located in nearby school
district, the students whose places of residence were changed may change to the school
in school districts
near their places of residence where they desire.
Notwithstanding the provisions of Paragraph (1), for the disabled who have
disabilities in accordance with Subparagraph 4 of Article
10 (1) and sports talents, they
may change schools in the areas of same City/Do.
The term "place of residence" in Paragraph (2) shall refer to the place of everyday
life of those with parental authority as provided
under the provisions of Article 909 of
the Civil Law and the guardians as provided under the provisions of Article 928 of the
same
law. In this case, the place of everyday life shall be determined by the
Superintendent of the Office of Education.
The provisions of Article 73 (5) shall apply mutatis mutandis to the high schools. In
this case, the term "Superintendent of Education"
shall be considered as the
"Superintendent of the Office of Education" and "main part of Paragraph (1)" as the
"Paragraphs (1)
and (2)."
Article 90 (Special Purpose High Schools)
Among the schools that correspond to any of the following subparagraphs, the
Superintendent of the Office of Education may select
and announce the high schools
with the purpose of expert education in special fields (hereinafter referred to as the
"special purpose
high schools").
1. Engineering high schools in machinery, electricity, electronics, construction etc.;
2. Agricultural high schools for fostering farmers;
3. Fishery high schools for fostering fishermen;
4. Marine high schools for fostering sailors;
5. Science high schools for fostering science prodigies;
6. Foreign language high school for fostering language prodigies;
7. Art high schools for fostering artists;
8. Sports high schools for fostering athletes; and
9. International high schools for fostering experts on international relationships or
special areas in foreign countries.
The announcement of Paragraph (1) shall include the school name, installed
divisions, number of classes, student recruitment area
and its application period.
In the event that the Superintendent of the Office of Education intends to select and
announce the
special purpose high schools under the provisions of Subparagraphs 5, 6
and 9 of Paragraph (1), he/she shall discuss such with the
Minister of Education,
Science and Technology in advance.
Article 91 (Specialized High Schools)
The Superintendent of the Office of Education may select and announce high schools
(hereinafter referred to as the "specialized
high schools") that provide education to
foster people in special areas and experience based education such as nature field
education
etc. for the students with similar talents, aptitudes and abilities.
The provisions of Article 90(2) shall apply mutatis mutandis to the specialized high
schools.
Article 91-2 (Industry Demand Custom High Schools)
For the advancement of expert vocational education, the Minister of Education,
Science and Technology or the Superintendent of the Office of Education may designate
and announce the high schools (hereinafter
referred to as the "industry demand custom
high schools) with the purpose to operate custom education courses directly related to
the demands of the industry. In this case, the Minister of Education, Science and
Technology shall designate and announce national
high schools and the Superintendent
of the Office of Education shall designate and announce public and private schools
through
discussions with the Minister of Education, Science and Technology.
The heads of schools who intend to receive the designation
of industry demand
custom high school shall file the application with matters falling under any of the
following subparagraphs
and submit it to the Minister of Education, Science and
Technology or the Superintendent of the Office of Education:
1. Plan on the operation of education courses;
2. Plan on the relationship between industry and academy;
3. Plan on the placement of school teachers; and
4. Matters as determined by the Minister of Education, Science and Technology or the
Superintendent of the Office of Education on
the operation of industry demand custom
high schools etc.
The Minister of Education, Science and Technology or the Superintendent of the
Office of Education may designate the industry demand
custom high schools within the
range of five years and extend the designation period within the range of five years after
examining
the execution of the plan submitted from the competent school and the
operational performance of the plan.
In the event that the designation period for industry demand custom high school is
not extended as a result of the examination
under Paragraph (3), the students who
enrolled into and attended the school during the designation period of industry demand
custom
high period shall receive the industry demand custom education until they
graduate from the respective school. In this case, for
the students who receive the
industry demand custom education, the respective school shall be considered as an
industry demand
custom high school.
[This Article Newly Enacted by Presidential Decree No. 21102 on Nov. 5, 2008]
Article 92 (Application)
The provisions of Articles 66 and 67 shall apply mutatis mutandis to the enrollment
of high school students etc. In this case,
the term "middle schools" shall be considered
as "high schools."
The provisions of Article 74 shall apply mutatis mutandis to the transfer of high
school students etc.
The provisions of Article 75 shall apply mutatis mutandis to the high schools. In this
case, the term "middle schools" shall be
considered as "high schools" and the term
"Articles 68 and 73 (1)" shall be considered as "Articles 81 (1) and 89 (2)."
Article 94 (Installation of Broadcasting and Communication High Schools)
Necessary matters on the installation and operation of
broadcasting and communication
high schools as provided under the provisions of Article 51 of the Act shall be
determined by the
Presidential Decree.
Article 95 (Industry Annexed Middle and High Schools)
Necessary matters on the installation and operation of industry annexed middle
and high
schools as provided under the provisions of Article 52 of the Act shall be determined by
the Presidential Decree.
CHAPTER V. RECOGNITION OF ACADEMIC ACHIEVEMENT AND
QUALIFICATIONS
PART 1. RECOGNITION OFACADEMIC ACHIEVEMENT
Article 96 (Equivalent Academic Achievements as Elementary School Graduates)
Any person who applies to any of the following subparagraphs
shall be considered to
have equivalent academic achievement as elementary school graduates in the event of
enrolling into more
advanced schools.
1. Any person who passed middle school enrollment qualification certification
examination;
2. People from North Korea (hereinafter referred to as the "North Korea defectors")
who are recognized, by the Superintendent of
the Office of Education, to have more
than six years of school education courses of the Republic of Korea through the
deliberation
of the Academic Achievement Deliberation Committee (hereinafter referred
to as the "Academic Achievement Deliberation Committee")
as provided under the
provisions of Article 98-2 (1);
3. Any person who completed the education courses equivalent to elementary schools in
accordance with Article 29 (4) of the Juvenile
Reformatory Act;
4. Graduates from alternative schools which are recognized to have equivalent academic
achievements as elementary school graduates
in accordance with Article 6 of the
Regulations on the Establishment and Operation of Alternative Schools; and
5. Any person who competed more than six years of school education courses in foreign
countries.
Necessary matters on the certification examination under the provisions of
Subparagraph 1 of Paragraph (1) shall be determined
by City/Do education rules.
Article 97 (Equivalent Academic Achievements as Middle School Graduates)
Any person who applies to
any of the following subparagraphs shall be considered to
have equivalent academic achievement as middle school graduates in the
event of
enrolling into more advanced schools. 1. Any person who passed a high school enrollment qualification certification
examination;
2. Any person who graduated from schools designated and announced by the
Superintendent of the Office of Education among the schools
that operate middle school
education courses and are recognized to operate the education courses of the competent
school taking
into consideration the founder, student quota, school days, school
facilities and equipment and basic properties for profit-seeking;
3. North Korean defectors who are considered, by the Superintendent of the Office of
Education, to have nine years of school education
courses of the Republic of Korea
through the deliberation of the Academic Achievement Deliberation Committee;
4. Any person who completed the education courses that are equivalent to the middle
school education courses at lifelong education
facilities designated by the
Superintendent of the Office of Education;
5. Any person who completed the education courses equivalent to middle schools in
accordance with Article 29 (4) of the Juvenile
Reformatory Act;
6. Graduates from alternative schools who are recognized to have equivalent academic
achievements as middle school graduates in accordance
with Article 6 of the
Regulations on the Establishment and Operation of Alternative Schools; and
7. Any person who competed more than nine years of school education courses in
foreign countries.
Necessary matters on the certification examination under the provisions of
Subparagraph 1 of Paragraph (1) shall be determined
by the Ordinance of the Ministry
of Education, Science and Technology.
1. Any person who passed the high school graduate certification examination;
2. Any person who graduated from schools designated and announced by the
Superintendent of the Office of Education among the schools
that operate high school
education courses and are recognized to operate the education courses of the competent
school considering
the founder, student quota, school days, school facilities and
equipments and basic properties for profit seeking;
3. North Korean defectors who are considered, by the Superintendent of the Office of
Education, to have the 12 years of school education
courses of the Republic of Korea
through the deliberation of the Academic Achievement Deliberation Committee;
4. Students who passed the enrollment screening of KAIST and registered to the school
among those who apply to Subparagraph 3 of
Article 16 (1) of the Regulations on
Academic Affairs of Korean Advanced Institute of Science and Technology, students
who passed
the enrollment screening of Gwangju Institute of Science and Technology
and registered to the school among those who apply to Subparagraph
3 of Article 30 (1)
of the Gwangju Institute of Science and Technology Act, or students who passed the
enrollment screening of
Daegu Gyeongbuk Institute of Science and Technology and
registered to the school among those who apply to Subparagraph 3 of Article
29 (1) of
the Daegu Gyeongbuk Institute of Science and Technology Act;
5. Any person who completed the education courses that are equivalent to the high
school education courses at lifelong education
facilities designated by the
Superintendent of the Office of Education;
6. Any person who completed the education courses equivalent to high schools in
accordance with Article 29 (4) of the Juvenile Reformatory
Act;
7. Any person who completed more than three years at industry high schools in
accordance with the former Education Act;
8. Graduates from alternative schools which are recognized to have equivalent academic
achievements as high school graduates in accordance
with Article 6 of the Regulations
on the Establishment and Operation of Alternative Schools; and
9. Any person who completed more than 12 years of school education courses in foreign
countries or any person who completed all of
the foreign education courses recognized
to be equivalent to or more than 12 years of school education courses of the Republic of
Korea by the Minister of Education, Science and Technology
Necessary matters on the certification examination under the provisions
of
Subparagraph 1 of Paragraph (1) shall be determined by the Ordinance of the Ministry
of Education, Science and Technology Edict.
The Academic Achievement Deliberation Committee shall be placed under the
Superintendent of the Office of Education in order to
deliberate on the matters of
academic achievements of North Korean defectors.
The Academic Achievement Deliberation Committee shall consist of five to seven
members including the chairperson.
The members of the Academic Achievement Deliberation Committee shall be
appointed by the Superintendent of the Office of Education
among government
employees related to North Korean defectors, education experts and academic
achievement evaluation experts, and
the chairperson shall be selected among the
members.
The term of the members of the Academic Achievement Deliberation Committee
shall be two years and the term of the chairperson shall
be one year, and both may be
reappointed.
The Academic Achievement Deliberation Committee shall deliberate on matters
falling under any of the followings.
1. Matters on academic achievement considering the school education, learning abilities
and ages of North Korean defectors;
2. Matters on the subject and timing of academic achievement approval;
3. Matters on academic achievement and grade decision where there are requests from
North Korean defectors or their guardians; and
4. Matters on the decision and operation of school as provided under the provisions of
Article 98-3.
Other necessary matters on the constitution and operation of the Academic
Achievement Deliberation Committee and the standards,
subjects, methods and timing
of evaluation shall be determined by the Superintendent of the Office of Education.
[This Article
Newly Enacted by Presidential Decree No. 20635 on Feb. 22, 2008]
Article 98-3 (Schools To Approve Academic Achievement and Determine
Grade
Etc.)
Notwithstanding the provisions of Subparagraph 2 of Article 96 (1), Subparagraph 3
of Article 97 (1) and Subparagraph 3 of Article
98 (1), in the event that the head of the
school with more than a certain number of North Korean defectors designated by the
Superintendent
of the Office of Education makes a request, the Superintendent of the
Office of Education may allow the head of the competent school
to approve the
academic achievements and determine the grades of the North Korean defectors.
Necessary matters on the academic
achievement approval and grade decision of the
schools in accordance with the Paragraph (1) shall be determined by school rules.
[This Article Newly Enacted by Presidential Decree No. 20635 on Feb. 22, 2008]
PART 2. RECOGNITION OF QUALIFICATION
Article 99 (Recognition of Qualification Equivalent to Elementary School
Graduates)
Any person who applies to any of the following subparagraphs shall be considered to
have the equivalent qualification as elementary
school graduates.
1. Graduates of 4th grade of primary schools before 1922;
2. Graduates of 6th grade of primary schools before 1938;
3. Graduates of 6th grade of Simsang primary schools before 1941; and
4. Graduates of 6th grade of primary schools before 1942.
Article 100 (Equivalent Qualification as the Second Grade Graduates of
Middle
Schools)
Any person who corresponds to any of the following subparagraphs shall be considered
to have the equivalent qualification as 2nd
grade graduates of middle schools.
1. Graduates of 1st grade of simple industry schools before 1922;
2. Graduates of high division of primary schools before 1938;
3. Graduates of Simsang high school or high school before 1941;
4. Graduates of high division of primary school after 1942; and
5. Graduates of 2nd grade of industry continuation schools after 1923.
Article 101 (Recognition of Qualification Equivalent to Middle
School Graduates)
Any person who applies to any of the following subparagraphs shall be considered to
have the equivalent qualification
as middle school graduates.
1. Graduates of 2nd grade of industry schools before 1922;
2. Graduates of 3rd grade of industry continuation schools after 1923; and
3. Any person who completed the 1st grade or graduated from industry schools or
industry continuation schools with the enrollment
qualifications for those who
graduated from primary schools and high division of elementary schools.
Article 102 (Equivalent Qualification
as the First Grade Graduates of High
Schools)
Any person who applies to any of the following subparagraphs shall be considered to
have the equivalent qualification as the 1st
grade graduates of high schools.
1. Graduates of 3rd grade of women's primary high schools before 1922;
2. Graduates of 3rd grade of industry schools before 1922;
3. Graduates of 3rd grade of art division of women's primary high schools before 1922;
4. Graduates of teacher division of primary high schools before 1922;
5. Any person who completed teacher raising center in each Do before 1924;
6. Any person who completed 4th grade or graduated from middle schools, women's
high schools and industry schools before 1944;
7. Any person who completed the intensive course and lecture course of Hansung
Teachers School;
8. Any person who completed the lecture course of former Do Teachers School;
9. Any person who completed the special lecture course of former Government Teachers
School;
10. Any person who completed lecture courses of Public Teachers School before 1949;
and
11. Any person who completed the 4th grade or graduated from middle schools between
1950 and 1951.
Article 103 (Recognition of Qualification Equivalent to High School Graduates)
Those who apply to any of the following subparagraphs
shall be considered to have the
equivalent qualification as high school graduates.
1. Graduates of Gyeongsung Junsu School before 1916;
2. Graduates of supplementary course of primary high schools before 1922;
3. Graduates of 4th grade of primary high schools before 1922;
4. Graduates of 4th grade of industry schools before 1922;
5. Graduates of 5th grade of primary high schools before 1938;
6. Graduates of 5th grade of women's primary high school before 1938;
7. Graduates of 5th grade of industry schools before 1944;
8. Graduates of middle schools or 5th grade of high schools before 1944;
9. Those who graduated from middle schools or 4th grade of industry schools between
1945 and 1946;
10. Graduates of regular courses of the former Hansung Teachers School;
11. Graduates of the teachers division of the former Gyeongsung, Pyungyang and
Daegu primary high school;
12. Those who completed the teacher training center of the former Gyeongsung Primary
High School;
13. Graduates of special courses of the former Do Teachers School;
14. Graduates of common courses of the former Government Teachers School;
15. Any person who completed the lecture course of intensive lecture courses of the
former Government Teachers School;
16. Graduates of art divisions of the former Gyeongsung, Pyeongyang and Daegu
Teachers School; and
17. Graduates of Public Teachers Schools before 1949.
Article 104 (Recognition of Qualification Equivalent to Former Teachers School
Graduates)
Any person who applies to any of the following subparagraphs shall be considered to
have the equivalent qualification as teachers
school graduates in accordance with the
former Education Act. 1. Graduates of teachers divisions of former primary high schools;
2. Graduates of teachers divisions of former women's primary high schools;
3. Graduates of special courses of the former Do Teachers School;
4. Any person who completed or graduated from common courses or regular courses of
the former Government Teachers School;
5. Any person who completed the lecture courses of the former Government Teachers
School;
6. Graduates of regular courses of the former Hansung Teachers School; and
7. Graduates of regular courses of the primary high school annexed temporary teachers
training center.
CHAPTER VI SUPPLEMENTARY RULES
Article 105 (Designation of Autonomy Schools Etc.)
Schools as provided under the provisions of Article 61 of the Act (hereinafter
referred to as the "autonomy schools") shall be
designated by the Superintendent of the
Office of Education among national, public and private elementary, middle and high
schools.
The heads of schools that intend to operate autonomy schools shall be designated by
the Superintendent of the Office of Education.
The Superintendent of the Office of Education may designate and operate the
following schools as autonomy schools.
1. Schools that provide education for slow learners etc. in accordance with Article 28 of
the Act;
2. Schools that operate open education or education courses for levels considering the
aptitudes and abilities of individual students;
3. Schools that operate special education courses with the purpose of developing
creativity and personality of students;
4. Specialized middle schools;
5. Specialized high schools; and
6. Other schools that are deemed necessary by the Superintendent of the Office of
Education; provided, however, that, in the event
that the Superintendent of the Office of
Education intends to designate second term high schools in the areas where high school
enrollment screening is conducted in accordance with Article 77 (2), he/she shall
discuss thereupon with the Minister of Education,
Science and Technology in advance.
Deleted;
The Minister of Education, Science and Technology or the Superintendent of the
Office of Education shall provide support necessary
for the operation of autonomy
schools.
Article 105-2 (Qualification of Principals who Apply for autonomy schools and
Autonomy Private High Schools)
The principals of schools that do not apply to Article 21 (1) of the Act as provided under
the provisions of Article 61 of the Act
shall correspond to any of the following
subparagraphs: 1. In the case of schools designated for autonomy schools among the schools that
correspond to any of the following subparagraphs,
any person who worked for more
than three years at an education institution related to the education courses of the
respective
school, education administration institution, education research institution,
government institution, local self-governing body,
public organization, international
organization, foreign institution, industrial organization, etc.:
A. Schools that provide education
for slow learners etc. in accordance with Article 28 of
the Act;
B. Specialized middle schools;
C. Specialized high schools; and
D. Expert high schools or art and sports high schools that correspond to Subparagraph 6
of Article 105 (3);
2. In the case of schools that are designated as autonomy schools among the schools that
correspond to any of the following subparagraphs,
government employees of education
or private school teachers who worked for more than 15 years as full-time teachers
(including
the work experience as education expert staff in accordance with
Subparagraphs 2 and 3 of Article 2 (1) of the Public Education
Officials Act) at schools
that correspond to Article 2 of the Act:
A. Schools that operate open education or education courses for different levels
considering the aptitudes and abilities of individual
students;
B. Among schools that do not apply to any of the following items of Subparagraph 1,
elementary, middle and high schools
that correspond to Subparagraph 6 of Article 105
(3); and
C. Schools that operate special education courses with the purpose of developing
creativity and personality of students; and
3. In the case of schools designated as autonomy private high schools in accordance
with Article 105 (3), any person having the same
experience as Subparagraph 2.
[This Article Newly Enacted by Presidential Decree No. 20003 on Apr. 12, 2007]
Article 105-3 (Autonomy
Private High Schools)
Among the private high schools that correspond to all of the following subparagraphs,
the Superintendent of the Office of Education
may designate and announce the high
schools (hereinafter referred to as the "autonomy private high schools") that may
operate school
or education courses autonomously in accordance with Article 61 of the
Act; provided, however, that, in the event of intending to
change the designation of the
high schools in the area where the enrollment screening is conducted by the
Superintendent of the
Office of Education in accordance with Article 77 (2), discussions
shall be made with the Minister of Education, Science and Technology
in advance.
1. School staff personnel expenses and school education curriculum operation costs in
accordance with the attached Table 1 of Local
Education Subsidy Act shall not be
received from the State or local self-governing bodies; and
2. Corporate transference money standards and education process operation standards as
determined by the Ordinance of the Ministry
of Education, Science and Technology
shall be satisfied
Corporations or the heads of schools that intend to operate autonomy private high
schools shall submit the application form with
matters falling under any of the
following subparagraphs:
1. School establishment ideas and plans on school operation;
2. Plans on the operation of education courses;
3. Plans on enrollment screening execution;
4. Plans on the placement of school teachers; and
5. Other matters as prescribed and notified by the Superintendent of the Office of
Education on the operation of private high schools
etc.
Autonomy private high schools shall select those who apply to any of the following
subparagraphs for more than 20 percent
of the quota for enrolling students.
1. Beneficiaries or their children in accordance with Subparagraph 1 of Article 2 of the
National Basic Living Security Act;
2. As those in the second highest class in accordance with Subparagraph 11 of Article 2
of the National Basic Living Security Act,
people and their children who are designated
by the Superintendent of the Office of Education;
3. Veterans and their children in accordance with Subparagraph 2 of Article 3 of the
Framework Act on Veterans Affairs; and
4. Other people who are recognized as necessary by the Superintendent of the Office of
Education.
Notwithstanding the provisions of Article 35 (1) through (3), the heads of autonomy
private high schools may replace the teachers
of the respective school with industry and
academy teachers in accordance with Article 22 (1) within the range of 1/3 of the
teacher
quota.
Autonomy private high schools shall be designated and operated within five years
and may be extended within the range of five years
in accordance with the decision of
City/Do education rules.
[This Article Newly Enacted by Presidential Decree No. 21375 on Mar. 27, 2009]
Article 105-4 (Designation and Operation Committee
of Autonomy Schools Etc.)
The Designation and Operation Committee of Autonomy Schools Etc. shall be
placed under the Superintendent
of the Office of Education in order to deliberate on
matters falling under any of the following subparagraphs on the designation
and
operation of autonomy schools and autonomy private high schools (hereinafter referred
to as the "autonomy schools etc.") in
response to the consulting of the Superintendent of
the Office of Education:
1. Matters on the designation and operation of autonomy schools etc.;
2. Matters on the extension of autonomy schools etc.;
3. Matters on the operation evaluation of autonomy schools etc.; and
4. Other matters determined by the Superintendent of the Office of Education on the
operation of autonomy schools etc.
Necessary matters on the constitution and operation of the Designation and
Operation Committee of Autonomy Schools etc. shall be
determined by the City/Do
education rules.
[This Article Newly Enacted by Presidential Decree No. 21375 on Mar. 27, 2009]
Article 106 (Closure of School)
In the event that the closure of school is issued by the competent office in accordance
with Article 65 (1), the founder and operator
of the school shall submit the document
with the process situation of students and school's basic property to the competent
office
within three days after receiving the command.
Article 106-2 (Delegation of Right)
In accordance with Article 62 of the Act, the Minister of Education, Science and
Technology shall delegate the right to approve
the qualification of the principals in
accordance with the attached Table 1 to the Superintendent of the Office of Education.
Article 1 (Enforcement Date)
This Decree shall be effective from the date of its promulgation.
Article 2 (Application Case in Accordance with the Designation
of Autonomy
Private High Schools)
In the event of being designated as autonomy high school in accordance with the
amendment of Article 105-3, the matters on the school
or the autonomous operation of
the education course shall apply to the new students who are selected after the
respective school
was designated as an autonomy private high school.
Article 3 (Special Case on Autonomy High Schools in Test Operation)
In the event
that the autonomy high school in test operations by the designation of the
Minister of Education, Science and Technology during
the enforcement of this Decree
requests for the designation as an autonomy private high school by the Superintendent
of the Office
of Education under Article 105-3, Article 105-3 (2) shall not apply.
Article 4 (Interim Measure of Enrollment Screening Application
Etc.)
Autonomy schools operated by the designation of the Superintendent of the Office of
Education in accordance with Article
105 during the enforcement of this Decree shall
follow the former rules notwithstanding the amendment of Article 105 (4).
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/edoteasea513