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Laws of the Republic of Korea |
[Enforcement Date: Dec. 6, 2008] [Presidential Decree No. 21148, Dec. 3, 2008, Other Laws and Regulations Amended]
Ministry of Education, Science and Technology (Knowledge and Information Division) Tel.: 02-2100-6430
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Lifelong Education Act and those necessary for the enforcement thereof. Article 2 (Utilization of Public Facilities)
Any person who engages in the lifelong education may, where he/she intends to utilize public facilities in accordance with the provisions of Article 6 of the Lifelong Education Act (hereinafter referred to as the "Act"), request the manager of such public facilities for assistance from the employees in charge of managing the public facilities concerned and cooperation from them in the use of necessary equipment. CHAPTER II BASIC PLANS, ETC. FOR PROMOTION OF LIFELONG EDUCATION
Article 3 (Establishment and Implementation of Basic Plan and Annual Implementation Plan)
(1) When the Minister of Education, Science and Technology (hereinafter referred to as the
"Minister") establishes the basic plan
for promotion of lifelong education (hereinafter
referred to as the "basic plans") under Article 9 of the Act, he/she shall listen
to the opinions
of the heads of the central administrative agencies concerned with the affairs of lifelong
education. 1. Matters concerning expansion of bases for lifelong learning such as facilities and
equipment for lifelong education;
2. Matters concerning system improvement such as operation of learning account and
encouraging utilization of results of learning;
3. Matters concerning creation and support of lifelong education culture; and
4. Other matters requested for deliberation of the Promotion Committee as the chairperson
deems necessary.
Article 5 (Organization and Operation of Promotion Committee)
(1) Members of the Promotion Committee shall be composed of the ex
officio members such
as Vice Minister of Strategy and Finance, Vice Minister of National Defense, Vice Minister
of Public Administration
and Security, Vice Minister of Culture, Sports and Tourism, Vice
Minister for Food, Agriculture, Forestry and Fisheries, Vice Minister
of Knowledge, Vice
Minister for Health, Welfare and Family Affairs, Vice Minister of Environment, Vice
Minister of Labor, Vice
Minister of Gender Equality, and President of the National Institute
for Lifelong Education (hereinafter referred to as the "Institute")
under Article 19 (1) of the
Act, and persons commissioned by the Minister among persons having profound academic
knowledge and
experiences in lifelong education.
(2) The term of office of the members of the Promotion Committee shall be for the period to
be in charge of duties for the ex officio
members, and two years for the commissioned
members who may be re-commissioned.
(3) The chairperson shall exercise overall control of the affairs of the Promotion Committee
and represent the Promotion Committee.
(4) In the event that the chairperson is unable to perform his/her duties due to unavoidable
reasons, he/she may have the pre-designated
member perform such duties on his/her behalf.
(5) The meetings of the Promotion Committee shall be convened by the chairperson,
and
open with the attendance of the majority of the registered members, and resolutions thereof
require the consent of a majority
of the present members.
(6) When the chairperson of the Promotion Committee intends to convene a meeting, he/she
shall notify each
committee member of the date and time, venue, and agenda of the meeting
by no later than seven days prior to the scheduled date
of meeting in writing: Provided, that
the same shall not apply in cases where urgent circumstances or other unavoidable grounds
exist.
(7) Where deemed necessary, the chairperson may have public officials of the central
administrative agencies concerned attend the
Promotion Committee and state his/her
opinion in relation to the affairs under his/her jurisdiction.
(8) The Conciliation Subcommittee
for Practical Affairs of Lifelong Education shall be
established in the Promotion Committee to efficiently assist deliberations
of the Promotion
Committee, and the organization and operation shall be prescribed by the Ordinance of the
Ministry of Education,
Science and Technology.
Article 6 (Executive Secretary and Allowance, etc. of Promotion Committee)
(1) An executive secretary shall be placed in the Promotion
Committee to deal with the
affairs of the Promotion Committee, who is appointed by the chairperson from public
officials belonging
to the Ministry of Education, Science and Technology.
(2) Allowances and travel expenses may be paid to the members who have attended the
Promotion Committee within the scope of the
budget: Provided, that the same shall not
apply where a member, who is a public official, has attended the Promotion Committee in
direct connection with affairs under his/her duties.
Article 7 (Nationwide Lifelong Learning City Council)
(1) The Nationwide
Lifelong Learning City Council under Article 15 (2) of the Act
(hereinafter referred to as the "City Council") shall be composed
of the heads of the
city/Gun/Gu which are designated as the lifelong learning cities by the Minister, and the
heads of the relevant
district offices of education.
(2) The State and local governments may support manpower and expenses required for
operation and activities of the City Council.
CHAPTER III NATIONAL INSTITUTE FOR LIFELONG EDUCATION
Article 8 (Invoice and Payment of Contributions)
(1) The Institute shall submit the following documents to the Minister by April 30 each year
to receive the Government's contribution
as prescribed in Article 19 (7) of the Act:
1. Invoice for contributions for project cost, operation expenses, and facility expenses of
the following year;
2. Project plan for the following year; and
3. Other explanatory data for the content of the invoice for contributions.
(2) When the contributions are fixed, the Minister shall
notify thereof to the Institute.
If the Institute has received the contributions, it shall establish separate accounts for the
project expenses, operation expenses,
and facility expenses and manage it accordingly.
Article 10 (Submission of Closing Statement)
The Institute shall submit performance record of projects and closing statement audited by a
certified public accountant or an accounting
firm for each fiscal year to the Minister by
March 31 of the following year.
Article 11 (Disposal of Surplus)
Where there is surplus in the closing account for each fiscal year, the Institute shall, firstly,
appropriate such surplus to make
up the forwarded loss, and bring the remainder into the
revenue of the following year, or reserve such remainder as reserves of
the basic assets in
the articles of association of the Institute.
Article 12 (Operation, etc. of City/Do Institute for Lifelong Education)
(1) In the event that the Mayor/Do governor intends to
establish or designate the City/Do
Institute for Lifelong Education (hereinafter referred to as the "City/Do Institute") as
prescribed
in Article 20 (1) of the Act, he/she shall consult in advance with the
Superintendent of the City/Do Office of Education.
(2) The
City/Do Institute shall be equipped with the organization and facilities necessary for
performing the affairs under Article 20 (2)
of the Act, and matters necessary for
organization, facilities, and designation procedures, etc. for the operation thereof shall
be
prescribed by the Municipal Ordinance of the relevant local government.
Article 13 (Operation of Professional Manpower Information
Bank System)
(1) The Minister and the heads of the local governments may operate a system to collect
information pertaining to
instructors, and provide and manage such information in
accordance with Article 22 (11) of the Act (hereinafter referred to as the
"professional
manpower information bank system").
(2) The collection, provision, and management of the information referred to in section (1)
shall be limited to the case where the
person himself/herself agrees thereto.
(3) The Minister and the heads of local governments may entrust the affairs of operating
the
professional manpower information bank system to the Institute or the City/Do Institute.
(1) The Minister may operate learning accounts under Article 23 of the Act.
(2) The opening of any learning account of a person
under section (1) shall be made only
when it is applied by the person himself/herself.
(3) A person, who intends to gain access
to information contained in the learning accounts
referred to in section (1) or to be issued a certificate thereof, may file an
application thereof
with the Minister. In this case, such application for access to the information or for the
issuance of such
certificate shall be made only by the person himself/herself or another
person delegated by him/her.
CHAPTER IV LIFELONG EDUCATION TEACHER
Article 15 (Other Qualifications for Lifelong Education Teachers)
(1) The term "other person who meets the requirements for qualification
prescribed by
Presidential Decree" in Article 24 (1) 4 refers to a person who applies to any of the following
subsections:
1. A person who has earned not less than a certain amount of credits under the attached
Table 1 of subjects related to lifelong education
at the in-house college-style lifelong
educational establishment under Article 32 of the Act;
2. A person who has completed the curriculum required for education and training of
lifelong education teachers in the Institute;
and
3. A person who has earned not less than a certain amount of credits under the attached
Table 1 of subjects related to lifelong education
in the learning course which obtained
recognition of evaluation under Article 3 (1) of the Act on Recognition of Credits, etc.
Article 16 (Grades, etc. of Lifelong Education Teachers)
(1) Lifelong education teachers under Article 24 (4) of the Act shall be
categorized into
Grade I, Grade II, and Grade III teachers.
(2) Qualification requirements for each grade of lifelong education teachers under section
(1) shall be as shown in the attached
Table 1.
Article 17 (Scope of Duties)
(1) Lifelong education teachers shall perform the following duties for the promotion of
lifelong education as prescribed in Article
24 (4) of the Act:
1. Analysis of demands, development, operation, evaluation, and consulting of lifelong
education programs;
2. Providing information on studying, counseling and teaching on lifetime capability
development for learners; and
3. Other affairs related to project plans related to the promotion of lifelong education.
Article 18 (Curriculum)
(1) The curricula referred to in Article 24 (4) shall be divided into a curriculum for training
and that for advancement.
(2) The Minister may entrust the operation of the curriculum for training and that for
advancement under section (1) to the Institute
or training institutions designated in
accordance with Article 25 (1) of the Act.
Article 19 (Training)
(1) Training of lifelong education teachers referred to in Article 24 (4) of the Act may be
implemented by the president of the
Institute and the heads of the City/Do Institutes
(hereinafter referred to as the "heads of institutions implementing training"):
Provided, that
where it is deemed necessary by the heads of institutions implementing the training, such
training may be entrusted
to the specialized institutions related to lifelong education.
(2) The State and local governments may support part of the expenses
required for training
lifelong education teachers referred to in section (1) to the heads of institutions
implementing training.
Article 20 (Procedures, etc. for Issuing Certificate of Lifelong Education Teacher)
(2) A person, who intends to be issued a certificate
for lifelong education teacher referred to
in Article 24 (4) of the Act, shall submit a written application for issuance of a certificate
for
lifelong education teacher, accompanied by the documents prescribed by the Ordinance of
the Ministry of Education, Science
and Technology, to the Minister.
(2) A person, who intends to have his/her certificate for lifelong education teacher reissued
due to the loss, damage, or alteration
of entries of such certificate, shall submit a written
application for reissuance of such certificate, accompanied by the documents
prescribed by
the Ordinance of the Ministry of Education, Science and Technology, to the Minister.
1. Lifelong educational establishments attached to universities or colleges referred to in
Article 30 (2);
2. An educational and training institution for public officials under the Act on the
Education and Training of Public Officials;
3. A training institution under the Public Educational Officials Act; and
4. A training and educational institution established in accordance with a special Act or
with contribution by the Government.
(2) Any person, who intends to be designated as a training institution for lifelong education
teachers in accordance with Article
25 of the Act, shall submit a written application for the
designation of a training institution for lifelong education teachers
stating the matters
applicable to the following subsections, accompanied by the documents prescribed by the
Ordinance of the Ministry
of Education, Science and Technology, to the Minister:
1. Name;
2. Objectives;
3. Location;
4. Name and domicile of representative; and
5. Date on which such institution is planned to open.
(3) The Minister shall, upon receiving an application for designation in accordance
with
section (2), determine whether or not such designation is granted after taking into account
the facilities, manpower, curriculum,
and location, etc. of the institution subject to such
designation, and in the event of granting such designation, he/she shall deliver
a letter of
designation prescribed by the Ordinance of the Ministry of Education, Science and
Technology to the applicant.
Institutions subject to assigning of lifelong education teachers and criteria for assigning such
teachers referred to in Article
26 (4) of the Act shall be as shown in the attached Table 2.
CHAPTER V LIFELONG EDUCATIONAL INSTITUTIONS
Article 23 (Return, etc. of Tuition Fees)
(1) Reasons for returning tuition fees, etc. referred to in Article 28 (4) of the Act shall be as
follows:
1. Where the authorization for establishment or registration of the lifelong educational
establishment has been revoked, or the curriculum
of lifelong education is closed down
or suspended as prescribed in Article 42 of the Act;
2. Where the founder or operator of the lifelong educational institution is unable to teach;
and
3. Where a learner has given up learning according to his/her wish.
(2) In the event that reasons for returning tuition fees referred
to in section (1) have occurred,
such tuition fees, etc. shall be returned within five days from the date such reasons for
returning
have occurred in accordance with the criteria for returning as shown in the
attached Table 3.
Article 24 (Report on Establishment of Lifelong Educational Establishments Attached
to Schools)
The heads of schools of various levels who have established lifelong educational
establishments attached to schools referred to
in Article 30 (1) of the Act shall file a written
report as prescribed by the Ordinance of the Ministry of Education, Science and
Technology,
accompanied by the relevant operational regulations, to the Minister. The same shall apply
where they alter the reported
matters.
Article 25 (Facilities and Equipment of School-Type Lifelong Educational
Establishment)
(1) The term "facilities and equipment prescribed by Presidential Decree" in Article 31 (1)
of the Act refers to the following facilities
and equipment:
1. Learning facilities and equipment;
2. Data room; and
3. Management office.
(2) Detailed standards for the facilities and equipment referred to in section (1) shall be
prescribed by
the Ordinance of the Ministry of Education, Science and Technology.
1. Name;
2. Objectives;
3. Location;
4. Organization of curriculum;
5. Expenses including tuition fees and the methods for maintaining facilities;
6. Details for installation of facilities and equipment; and
7. Date on which such establishment is planned to open.
(2) The following matters shall be stated in the operational regulations
referred to in section
(1):
1. Name, objectives and location;
2. Curriculum and student quota;
3. Admission, expulsion, completion of course of study, and reward and punishment;
4. Recognition of the completion of the course of study;
5. Educational period and no classes;
6. Tuition fees; and
7. Other matters necessary for operation.
(3) When the Superintendent of the Office of Education has received the written application
for registration referred to in section (1), he/she shall examine such application and deliver
the certificate of registration
prescribed by the Ordinance of the Ministry of Education,
Science and Technology to the applicant if such application meets the
requirements for
registration.
(1) The standards for designating any establishment recognizing academic background
referred to in Article 31 (2) and (5) of the
Act shall, excluding the cases prescribed in
sections (2) through (6), be ones equal to or higher than standards for establishing
and
operating various schools corresponding to elementary schools, middle schools, or high
schools in terms of matters applicable
to the following subsections:
1. Study years, school term, number of school days, and number of school hours;
2. Curriculum;
3. Student quota, number of classes, and organization of classes;
4. Qualifications for admissions;
5. Qualifications for teacher and teacher quota;
6. Completion of the course of study and graduation;
7. Facilities and equipment;
8. Textbooks and teaching materials; and
9. Financial and accounting regulations
(2) The school term referred to in section (1) 1 may be operated by dividing each school
year into three school terms after obtaining approval from the competent authority. In this
case, the study years required for
the completion of the course of study may be shortened
within the scope of two years for elementary schools and one year for secondary
schools,
and the persons to be admitted into a shortened high school curriculum shall be the persons
who apply to any of the following
subsections from among the persons who meet the
qualifications for admission under section (3):
1. A person who has completed his/her sixteenth year;
2. A person who suspended his/her study due to his/her withdrawal from school after
entering high school; and
3. A juvenile working at an industrial enterprise.
(3) The qualification for admission into elementary school curriculum among the
qualifications for admissions referred to in section (1) 4 shall be persons, who have not
received elementary education over the
school age provided for in Article 13 (1) of the
Elementary and Secondary Education Act; and the qualification for admission into
middle
school curriculum shall be persons, who have qualification for admission into middle
schools referred to in Article 43 (1)
over the school age provided for in Article 13 (3) of the
Elementary and Secondary Education Act; and the qualification for admission
into high
school curriculum shall be persons having qualification for admission into high schools
referred to in Article 47 (1)
of the Elementary and Secondary Education Act.
(4) The vice principal among teachers referred to in section (1) 5 may not be placed,
and in
the case of operating the elementary school curriculum, one teacher other than the principal
and vice principal shall be
assigned to each class; and in the case of less than six classes, the
principal and vice principle may take charge of the classes,
and in the case of less than 12
classes, the vice principal may take charge of the class respectively.
(5) The standard area of
the gymnasium among facilities and equipment under section (1) 7
shall be not less than 350 square meters, but such gymnasium may
be substituted by an
indoor sports facility with an equivalent area of such gymnasium: Provided, that the
gymnasium may not be
established where the establishment applies to the provisions of
Article 5 (3) 1 or 2 of the Regulations on the Establishment and
Operation of Schools of
Various Levels Equal to or Lower Than High School.
(6) Any educational establishment recognizing academic
background, which jointly operates
elementary and middle school curricula, middle and high school curricula, or elementary,
middle,
and high school curricula, may be governed by the following standards:
1. Standards for facilities and equipment (excluding the standards for teaching tools and
books) may be governed by the standards
for establishing and operating various schools
equivalent to each of the schools of various levels among the schools which are operated
jointly, and gymnasium, management office and special classrooms, etc. may be used
jointly;
2. Teaching tools and books shall be secured by the departments and subjects in accordance
with Article 8 of the Regulations on the
Establishment and Operation of Schools of
Various Levels Equal to or Lower Than High School and they may be jointly used
within
the scope of not hindering learning or teaching; and
3. One person may serve concurrently as the principal of all the schools, and teachers may
concurrently serve only in middle and
high school curriculums within the scope of not
hindering teaching.
Article 28 (Application, etc. for Designation of Establishment Recognizing Academic
Background)
(1) A person who intends to have his/her establishment designated as an establishment
recognizing academic career in accordance
with Article 31 (2) and (5) of the Act shall
submit a written application for the designation of establishment recognizing academic
background stating the following matters, accompanied by the documents prescribed by the
Ordinance of the Ministry of Education,
Science and Technology, to the Superintendent of
the Office of Education: 1. Name;
2. Objectives;
3. Location;
4. Number of classes by the course of study, fixed number of students, and tuition fees;
5. Organization of the course of study;
6. Teacher quota;
7. Plans for securing necessary expenses;
8. Current status of facilities and plans for their expansion;
9. Current status of teaching tools and other equipment, and plans for their expansion; and
10. Date on which such establishment is planned to open.
(2) When the Superintendent of the Office of Education has received the
application referred
to in section (1), he/she shall decide on whether or not to designate by comprehensively
examining the educational
environment of the relevant region such as designation standards
and expected supply and demand of students of regular schools,
and he/she may issue a
letter of designation prescribed by the Ordinance of the Ministry of Education, Science and
Technology to
the applicant.
(1) In the case where a person who has had his/her establishment designated as an
establishment recognizing academic background
intends to close down his/her establishment,
he/she shall submit documents stating grounds for closing down his/her establishment,
day,
month and year in which he/she plans to shut down his/her establishment, plans for dealing
with students, and methods of dealing
with unfinished affairs, assets, etc. to the
Superintendent of the Office of Education and obtain the authorization therefor.
(2)
Management of school registers for establishments recognizing academic backgrounds,
which are closed down as prescribed in section
(1), shall be in accordance with the
conditions as determined by the Superintendent of the Office of Education.
Article 30 (Standards
for Authorization of Lifelong Educational Establishments
Recognizing Academic Background of Junior College)
Standards for a person
who may be authorized as lifelong educational establishment
recognizing academic background of junior college under Article 31 (4)
and (5) of the Act
shall be as follows:
1. He/she shall be a school foundation;
2. He/she shall secure the school building under Article 40;
3. He/she shall secure the school site referred to in Article 5 of the Regulations on
Establishment and Operation of Universities
and Colleges and the attached Table 4 of
the same Regulations. In this case, matters concerning standard area of school building
shall be in accordance with the standard area of school building per student as shown in
the attached Table-6 of this Decree;
4. He/she shall secure teachers referred to in Article 41 (concurrent teachers may be placed
within the scope of one half of the
legally fixed number of teachers): Provided, that
more than or equal to one half of the legally fixed teacher quota shall be secured
at the
time of authorization for establishment, and the rest shall be secured within one year
from the conversion opening of such
school; and
5. He/she shall secure basic assets for generating revenues under the following
classification:
(a) Where the student quota is at least 1,000: no less than ten billion won
(b) Where the student quota is not less than 500 and
less than 1,000: no less than seven
billion won
(c) Where the student quota is less than 500: no less than four billion won
Article 31 (Authorization for Establishment of Lifelong
Educational Establishments
Recognizing Academic Background of Junior College)
(1) A person, who intends to obtain authorization
for establishment of a lifelong educational
establishment recognizing academic background of junior college in accordance with
Article 31 (4) and (5) of the Act, shall submit a written plan for establishing lifelong
educational establishment recognizing academic
background of junior college stating the
matters of the following subsections, accompanied by the documents prescribed by the
Ordinance
of the Ministry of Education, Science and Technology, to the Minister. The same
shall apply where he/she intends to alter the matters
of the following subsections.
1. Name;
2. Objectives;
3. Founder;
4. Location;
5. School regulations;
6. Financial operation plan for the next two years;
7. Plans for securing facilities and equipment for the next two years;
8. Plans for securing practical training facilities and equipment if practical training is
needed;
9. Plans for securing teachers; and
10. Planned date for conversion opening of school.
(2) Name under section (1) 1 shall include terms which may describe the purpose
of
establishment and major field of the relevant school.
(3) The provisions of Article 4 (1) of the Enforcement Decree of the Higher
Education Act
shall apply mutatis mutandis to entries of school regulations.
(4) Where the Minister has received the written plan,
etc. for establishing a lifelong
educational establishment recognizing academic background of college referred to in section
(1),
he/she shall deal with such plan by mutatis mutandis application of procedures under
Article 36 (4) through (8), and the application
thereof and the period of disposition are
excluded.
Article 32 (Authorization for Closure of Lifelong Educational Establishment
Recognizing Academic Background of Junior College)
(1) A person who intends to close down a lifelong educational establishment recognizing
academic background of junior college in
accordance with Article 31 (7) of the Act shall
obtain authorization from the Minister after submitting the documents stating the
following
matters: 1. Grounds for closure;
2. Date, month, and year of planned closure; and
3. Method of dealing with students and school register.
(2) Management of school register of the lifelong educational establishment
recognizing
academic background of junior college that has closed down pursuant to section (1) shall be
in accordance with the
conditions as determined by the Minister.
Article 33 (Method of Operation Such as Credit System, etc. of Lifelong Educational
Establishments Recognizing Academic Background
of Junior College)
The provisions of Articles 42 through 44 shall apply mutatis mutandis to revision of school
regulations, school
year, school term, and curriculum of lifelong educational establishments
recognizing academic background of junior colleges, and
Articles 61 and 63 shall apply
mutatis mutandis to tuition and financial accounting thereof.
Article 34 (Mutatis Mutandis Application
of Other Laws and Regulations)
The provisions for junior colleges in the Higher Education Act shall apply mutatis mutandis
to matters
other than those provided for in this Decree concerning establishment and
operation of lifelong educational establishments recognizing
academic background of junior
college.
Article 35 (Scope of Place of Business)
The term "place of business, the scale of which is at least the scale prescribed by Presidential
Decree" in Article 32 (1) of the
Act means the place of business with not less than 200
employees of a corporation incorporated in accordance with the Commercial
Act or a special
Act.
Article 36 (Authorization of Establishment of In-House College)
(1) A person who intends to establish and operate a lifelong educational
establishment in the
form of an in-house college (hereinafter referred to as "in-house college") in accordance
with the provisions
of Article 32 (1) of the Act shall submit a written plan for establishing
an in-house college, which states matters applicable to
each of the following subsections,
accompanied by the documents prescribed by the Ordinance of the Ministry of Education,
Science
and Technology, to the Minister by March 31 every year:
1. Name;
2. Objectives;
3. Person establishing such establishment;
4. Location;
5. Operational regulations (hereinafter referred to as the "school regulations" in this Article
through Article 46);
6. A financial operation plan for the next four years (referring to two years in the case of
operating a two-year bachelors degree
course or an in-house college whose academic
background and degree are recognized as equal to those of graduates of junior colleges);
7. Plans for securing facilities and equipment to be used in conducting education and
researches for the next four years (referring
to two years in the case of operating a two-
year bachelors degree course or an in-house college whose academic background and
degree are recognized as equal to those of graduates of junior colleges);
8. Plans for securing facilities and equipment to be used in practical training if such
practical training is needed;
9. Plans for securing teachers; and
10. Date on which such in-house college is planned to open.
(2) The name under section (1) 1 shall include terms indicating in-house
college.
(3) The provisions of Article 4 (1) of the Enforcement Decree of the Higher Education Act
shall apply mutatis mutandis
to entries of the school regulations.
(4) In the event that the Minister has received a plan for establishing an in-house college,
etc.
referred to in section (1), he/she shall determine whether approval shall be granted, by
collecting opinions of experts, and
notify the applicant of the results thereof within three
months from the date on which the application was received: Provided, that
where it is
necessary to consult with government ministries and agencies concerned, he/she may notify
the applicant of the results
thereof within six months from the date on which the application
was received.
(5) An applicant who has been served a notice for approval of his/her plan for establishing
an in-house college under section (4)
shall install facilities and equipment according to the
plan for establishing the in-house college, and then submit a written application
for
authorization of the establishment of such in-house college to the Minister by six months
prior to the planned date of opening
such in-house college.
(6) In the event that the Minister has received an application for authorization of the
establishment of an in-house college under
section (5), he/she shall decide on whether
authorization should be granted, and then notify the applicant of the results thereof
by four
months prior to the planned date of opening such in-house college.
(7) In the event that the applicant who has been served a notice for approval of his/her plan
under section (4) is unable to submit
an application for authorization of the establishment of
an in-house college within the period referred to in section (5), he/she
shall submit a written
application for postponement of authorization for the establishment of such in-house college,
accompanied
by data attesting the grounds, to the Minister within such said period. In this
case, the period that can be extended for submitting
an application for authorization of the
establishment of an in-house college shall not exceed three years.
(8) Where the Minister deems that there exist unavoidable reasons, he/she may adjust the
period referred to in section (1) and sections
(4) through (6) within the scope of three
months.
Article 39 (Standards for Establishment of In-House College)
(1) Standards for establishment of in-house colleges referred to in
Article 32 (3) of the Act
shall be as follows:
1. School buildings as referred to in Article 40 shall be secured; and
2. Not less than one half of the teacher quota referred to in Article 41 shall be secured, and
the remainder shall be secured within
one year from opening such in-house college.
(2) In the event that any in-house college increases the student quota, it shall meet
the
standards under this Decree for the entire student quota, including the increased student
quota.
(3) In the event of classifying the student quota by the course of study, which serves as
standards for estimating the area of school
buildings and the number of teachers referred to
in section (1), the classification by the course of study shall be as shown in
the attached
Table 4.
Article 40 (School Building of In-House College)
(1) Any in-house college shall secure school buildings according to the classification as
shown in the attached Table 5 in a place
fit for educational and research activities, and such
school buildings shall be owned by a person who has established such educational
institution.
(2) The area of school buildings to be secured in accordance with section (1) shall be not
less than one half of the aggregate area
derived from the mathematical product of the
standard school building area per student as shown in the attached Table 6 by the student
quota by the course of study based on the year in which the teacher quota and students are
fully filled. In this case, where the
sum of the student quota by the course of study falls short
of 50, the student quota shall be deemed to be 50 (the same shall apply
to the course of
study for the technical bachelor's degree and that for the bachelor's degree referred to in
Article 44 (1), respectively;
hereinafter the same shall apply) and the method of converting
to the student quota by the course of study shall be prescribed by
the Ordinance of the
Ministry of Education, Science and Technology.
(3) Where remote education facilities prescribed by the Ordinance of the Ministry of
Education, Science and Technology are installed,
the area of school buildings referred to in
section (2) may be reduced by up to one half.
Article 41 (Teachers of In-House College)
(1) Any in-house college shall secure the number of teachers derived from the division of
the student quota by the course of study
by the number of students per teacher as shown in
the attached Table 7 based on the year in which the teacher quota and students
are fully
filled. In this case, where the sum of the student quota by the course of study falls short of
50, the student quota
shall be deemed to be 50 and the method of converting to the student
quota by the course of study shall be prescribed by the Ordinance
of the Ministry of
Education, Science and Technology.
(2) Teachers referred to in section (1) shall meet the qualification standards as shown in the
attached Table of the Regulations
on the Qualification Standards, etc. for Professors, and
any person who applies to any of the following subsections may concurrently
serve as a
teacher. In this case, standards for estimating persons who may concurrently serve as
teachers (hereinafter referred
to as "concurrent teachers") shall be prescribed by Ordinance
of the Ministry of Education, Science and Technology.
1. Teachers under Article 14 (1) and (2) of the Higher Education Act;
2. Researchers working for national, public, and private research institutes; and
3. Officers and employees of the place of business.
Article 42 (Amendment of School Regulations for In-House College)
(1) Where
the head of an in-house college intends to amend the school regulations, he/she
shall undergo the process of prior public notice,
deliberation, and publication with respect to
a draft amendment in accordance with the school regulations.
(2) When the head of
an in-house college has amended the school regulations, he/she shall
promptly make a report thereon to the Minister
(3) Where the Minister deems that there exist any matters in violation of the laws and
regulations in the school regulations reported
pursuant to section (2), he/she may demand
the correction of such violation.
Article 43 (School Year, School Term, etc. of In-House College)
(1) The school year of an in-house college shall be from the first
of March to the end of
February in the following year.
(2) The term of study of an in-house college shall be not less than two years for technical
bachelor's degree courses, and not less
than two years or four years for bachelor's degree
courses referred to in Article 44 (1): Provided, that in the case of the bachelor's
degree
course (excluding the two-year course of study for a bachelor's degree), the term of study
may be shortened within the limit
of one year for any person who has earned more than or
equal to the credits prescribed by the school regulations.
(3) The school
term of an in-house college shall be two semesters or three quarters for each
school year and the number of school days of each
semester or quarter shall be not less than
15 weeks.
(4) Any in-house college may operate seasonal classes within the scope of not exceeding
one half of standard credit units to be
earned for each semester.
(5) The provisions of Articles 11 (2), 12, 14 and 19 of the Enforcement Decree of the Higher
Education
Act shall apply mutatis mutandis to the reduction of school days, holidays, the
class hours per credit, and completion of students'
majors, etc.
Article 44 (Operation of Curriculums, etc. of In-House College)
(1) Any in-house college may operate the course of
study for a technical bachelor's degree
or the course of study for a bachelor's degree, or both.
(2) Any in-house college shall
operate its curriculum as provided by the school regulations
and the completion of any curriculum may be based on a grade system
or credit system, etc.
(3) Any in-house college may recognize credits earned from schools under Article 2 of the
Higher Education
Act, other in-house colleges, or remote college-type lifelong educational
establishments under Article 50 as credits earned from
the college of its own within the
scope of one half of the credits necessary for graduation.
(4) Any in-house college may provide open lectures for persons other than students as
provided by the school regulations.
(5) Any in-house college may allow any person qualified for admission referred to in Article
45 (1) to take lessons in the college
on an hourly basis. In this case, the method of selecting
such person shall be prescribed by the school regulations, and the applicable
credits for
which any person who has registered on an hourly basis student shall not exceed one half of
the standard credits to
be earned each semester or quarter.
Article 45 (Admission and Transfer Admission, etc. of In-House College)
(1) Any person who
is permitted to be admitted to any in-house college shall be persons
working in the relevant place of business for not less than
six months from among high
school graduates or any other persons who are recognized as having academic career equal
to or higher
than those of such high school graduates in accordance with the laws and
regulations: Provided, That in the case of two year course
of study for bachelor's degree, any
person who is permitted to be admitted to any in-house college shall be persons working in
the relevant place of business for not less than six months from among junior college
graduates or other persons who are recognized
as having academic career equal to or higher
than those of junior college graduate.
(2) The provisions of Article 28 (1) through (3) and Article 29 (1) of the Enforcement
Decree of the Higher Education Act shall
apply mutatis mutandis to the student quota and
admission and transfer admission of any in-house college.
Article 46 (Conferment
of Degree of In-House College)
The head of an in-house college shall confer any person, who has completed the course of
study for
the technical bachelor's degree prescribed by the school regulations, a technical
bachelor's degree and any other person, who has
completed the course of study for the
bachelor's degree prescribed by the school regulations, a bachelor's degree. In this case,
matters necessary for the kinds of degree and conferment thereof shall be prescribed by the
school regulations.
Article 47 (Report on Closure of In-House College)
(1) A person who intends to close down his/her in-house college in accordance
with Article
32 (4) of the Act shall file a report thereof, accompanied by the documents stating matters
applicable to each of
the following subsections, with the Minister by no later than 30 days
prior to the planned date of closure of such in-house college:
1. Reasons for closure of such in-house college;
2. Day, month and year of closure of such in-house college; and
3. Method of dealing with students and college register.
(2) Management of the college register of any in-house college that has
been closed
pursuant to section (1) shall be in accordance with the conditions as determined by the
Minister.
Any remote education-type lifelong educational establishment on which a report is required
to be filed with the Minister in accordance
with the first part of Article 33 (2) of the Act
(hereinafter referred to as the "remote lifelong educational establishment") shall
be the
establishment that conducts education with respect to knowledge, technology, skills, and
arts through visual lectures or
internet lectures for not less than ten unspecified persons for
not less than thirty hours of the curriculum in return for their
tuition fees.
Article 49 (Procedures, etc. for Reporting Remote Lifelong Educational Establishment)
(1) A person who intends to operate remote
lifelong educational establishment shall submit
a written report stating the matters applicable to each of the following subsections
accompanied by the documents prescribed by the operational regulations and Ordinance of
the Ministry of Education, Science and
Technology, to the Minister:
1. Name;
2. Objectives;
3. Person who intends to establish such establishment;
4. Location;
5. Facilities and equipment; and
6. Planned date of opening such establishment.
(2) The operational regulations of section (1) shall state the matters applicable
to each of the
following subsections:
1. Name, objectives and location;
2. Curriculum and the student quota;
3. Admission, expulsion, completion of course of study, award and punishment;
4. Education period and no classes;
5. Tuition; and
6. Other matters necessary for operation of the establishment.
(3) The Minister shall, upon receiving a report filed in accordance
with section (1), examine
such report, and where such report satisfies requirements, issue a certificate of reporting
prescribed
by the Ordinance of the Ministry of Education, Science and Technology.
Article 50 (Founder of Remote College-Type Lifelong Educational Establishment)
A person who is eligible to receive authorization
for establishing a remote college-type
lifelong educational establishment in accordance with Article 33 (3) of the Act shall be
a
person who applies to any of the following subsections:
1. A local government;
2. A school foundation; and
3. An incorporated foundation referred to in Article 32 of the Civil Act or a nonprofit
corporation established in accordance with
a special Act.
Article 51 (Authorization of Establishment of Remote College-Type Lifelong
Educational Establishment
1. Name;
2. Objectives;
3. Founder;
4. Location;
5. School regulations;
6. Financial management plans for the next four years (referring to two years in the case of
a remote college-type lifelong educational
establishment whose graduates' academic
background and degrees are recognized as equal to those of junior college graduates);
7. Plans for securing facilities and equipment to be used for education and research for the
next four years (referring to two years
in the case of a remote college-type lifelong
educational establishment whose graduates' academic background and degrees are
recognized
as equal to those of junior college graduates);
8. Plans for securing facilities and equipment to be used for practical training if such
practical training is needed;
9. Plans for securing teachers;
10. Plans for administering school affairs;
11. Plans for operation and quality control of remote education programs; and
12. Planned date of opening.
(2) The name in section (1) 1 shall include terms indicating remote college such as "remote",
"cyber"
or "virtual".
(3) The provisions of Article 4 (1) of the Enforcement Decree of the Higher Education Act
shall apply mutatis mutandis to the entries
of the school regulations.
(4) The Minister shall, upon receiving a plan for the establishment of a remote college-type
lifelong
educational establishment, etc. pursuant to section (1), deal with such plan by
mutatis mutandis application of procedures referred
to in Article 36 (4) through (8). In this
case an in-house college shall be deemed as a remote college-type lifelong educational
establishment
1. Reasons for closure;
2. Day, month, and year in which such remote college-type lifelong educational
establishment is planned to be closed; and
3. Method of dealing with students and college register.
(2) Management of college register of a remote college-type lifelong educational
establishment that is closed in accordance with section (1) shall be in accordance with the
conditions as determined by the Minister.
1. School buildings, facilities and equipment under Article 54 shall be secured;
2. Teachers under Article 55 shall be secured; and
3. Basic assets for generating revenues under Article 56 shall be secured.
Article 54 (School Buildings, Facilities and Equipment
of Remote College-Type Lifelong
Educational Establishment
(2) A remote college-type lifelong educational establishment shall secure equipment
necessary for conducting remote education, such
as various kinds of servers,
telecommunication equipment, media production equipment, etc. In this case, the detailed
standards
for remote education facilities shall be determined by the Minister.
Article 55 (Organization, Teachers, etc. of Remote College-Type Lifelong Educational
Establishments
(2) Any remote college-type lifelong educational establishment shall have at least one full-
time teacher and one assistant per
department or major in a school, and secure concurrent
teachers and part-time lecturers, etc. necessary for smooth teaching activities.
(3) The Regulations on the Qualification Standards, etc. for Professors shall apply mutatis
mutandis to qualification standards
for teachers and assistants.
(4) When the person having authority for appointment and dismissal has appointed or
dismissed a teacher,
he/she shall report the fact thereof to the Minister within seven days
from the date of such appointment or dismissal.
Article 56 (Basic Assets for Revenue Generation of Remote College-Type Lifelong
Educational Establishment
(2) Any founder of a remote college-type lifelong educational establishment may subscribe
to a guarantee insurance warranting an
amount equivalent to the gross amount of revenue of
the annual operation of the school accounting each year (it shall be the gross
amount of
revenues of the annual operation of the school accounting of the relevant year for the cases
prior to the year in which
the teacher and student quota are fully filled) in lieu of the basic
assets for generating revenues under section (1).
Article 57 (School Year, School Term, and Curriculum, etc. of Remote College-Type
Lifelong Educational Establishment
(1) The provisions of Articles 42, 43, and 44 (1) through (4) shall apply mutatis mutandis to
the amendment of school regulations,
school year, school term, and curriculum, etc. of any
remote college-type lifelong educational establishment, and the term "not
less than two
years or not less than four years" in the text of Article 43 (2) shall be deemed as "not less
than four years".
Article 58 (Teaching, etc. of Remote College-Type Lifelong Educational Establishment
(2) Evaluation of scholastic achievements of students of any remote college-type lifelong
educational establishment shall be conducted
by means such as communications, and
evaluation of attendance may be additionally conducted. In this case, necessary matters
concerning
evaluation methods shall be prescribed by the school regulations.
Article 59 (Admission, Transfer Admission, etc. of Remote College-Type Lifelong
Educational Establishment 1. The course of study for technical bachelor's degree: not less than 80 credits; and
2. The course of study for bachelor's degree: not less than 140 credits.
Article 61 (Tuition, etc.)
(1) The founder of any remote college-type lifelong educational establishment may collect
admission fees, tuition, and other payments
from students as provided by the school
regulations.
(1) The fiscal year of the accounting belonging to any remote college-type lifelong
educational establishment shall be the same
as the school year of the relevant remote
college-type lifelong educational establishment.
(2) For Article 28 of the Private School Act which applies mutatis mutandis in accordance
with Article 34 of the Act, the provisions
for cyber colleges prescribed by Article 11 of the
Enforcement Decree of the Private School Act shall apply mutatis mutandis.
[This
Article Wholly Amended by Presidential Decree No. 20799, Jun. 5, 2008]
Article 64 (Report on Establishment of Lifelong Education
Establishment Attached to
Place of Business)
(1) The term "place of business, the scale of which is at least the scale prescribed by
Presidential Decree" in Article 35 (1) of
the Act refers to the place of business in which not
less than 200 employees work.
(2) The provisions of Article 49 shall apply mutatis mutandis to the report on the installation
of any lifelong education establishment
attached to the place of business, procedures for
dealing with such report and the notice of closure, etc. under the provisions
of Article 35 (2)
of the Act. In this case, the term "Minister of Education, Science and Technology" shall be
deemed as the "Superintendent
of the Office of Education".
Article 65 (Report on Establishment of Lifelong Education Establishment Attached to
Civil and Social Organization)
(1) The term "civil and social organizations prescribed by the Presidential Decree" in Article
36 (2) of the Act refers to a civil
and social organization applicable to any of the following
subsections:
1. A civil and social organization established as a juristic person;
2. A civil and social organization registered with the competent authorities in accordance
with the relevant laws and regulations;
and
3. A civil and social organization which has not less than 300 members.
(2) The provisions of Article 49 shall apply mutatis mutandis
to the report on the installation
of any lifelong education establishment attached to civil and social organizations,
procedures
for dealing with such report and the notice of closure, etc. under the provisions
of Article 36 (3) of the Act. In this case, the
term "Minister of Education, Science and
Technology" shall be deemed as the "Superintendent of the Office of Education".
(1) The term "media institution prescribed by Presidential Decree" in Article 37 (2) of the
Act refers to the institution applicable
to any of the following subsections:
1. A person who publishes a daily newspaper, weekly newspaper, or internet newspaper
registered in accordance with Article 12 (1)
of the Act on the Freedom of Newspapers,
etc. and Guarantee of Their Functions, and a monthly magazine registered in accordance
with Article 15 (1) of the Act on Promotion of Periodicals Including Magazines;
2. A corporation that runs the business of broadcasting in accordance with subsection 1 of
Article 2 of the Broadcasting Act; and
3. A corporation that runs the business of news communication under Article 8 of the Act
on Promotion of News Agency.
(2) The provisions of Article 49 shall apply mutatis mutandis to the report on the installation
of any lifelong educational establishment
attached to a media institution, procedures for
dealing with such report and the notice of closure, etc. under the provisions of
Article 37 (3)
of the Act. In this case, the term "Minister of Education, Science and Technology" shall be
deemed as the "Superintendent
of the Office of Education".
Article 67 (Report on Establishment of Lifelong Educational Establishment Related to
Development of Knowledge and Manpower)
(1) The term "person prescribed by the Presidential Decree" in Article 38 (2) of the Act
refers to a corporation which a the performance
record of running the business of supplying
knowledge information, conducting education and training, research and consulting services,
education entrustment, assessment and analysis of the management of educational
institutions, offering advice and counseling with
respect to education, or developing and
supplying teaching programs, and has not less than 300 million won in the value of equity
capital or assets and not less than five specialists.
(2) The provisions of Article 49 shall apply mutatis mutandis to the report
on the installation
of any lifelong education establishment related to the development of knowledge and
manpower, procedures for
dealing with such report and the notice of closure, etc. under the
provisions of Article 38 (3) of the Act. In this case, the term
"Minister of Education, Science
and Technology" shall be deemed as the "Superintendent of the Office of Education".
Article 68 (Installation, Operation, and Designation of Education Program for
Character Learning)
(1) The Superintendent of the Office of Education may, in accordance with Article 39 (2) of
the Act, implement educational programs
for learning characters at the lifelong educational
establishments attached to an elementary school or middle school referred to
in Article 30 of
the Act.
(2) The educational programs for learning characters subject to designation by the
Superintendent of the Office of Education shall
be as follows:
1. Educational program for learning characters operated by the State, local government, or
their affiliated agencies;
2. Educational program for learning characters operated by lifelong educational
institutions;
3. Educational program for learning characters operated by nonprofit facilities,
corporations, or organizations whose major is for
the education for learning characters;
and
4. Other educational program for learning characters determined by the Superintendent of
the Office of Education.
(3) Matters necessary for installation and designation of educational program for learning
characters referred to in sections (1)
and (2), and other necessary matters shall be
determined by the Superintendent of the Office of Education.
Article 69 (Designation
of Educational Program for Learning Characters)
(1) A person who intends to obtain designation of the educational program for learning
in
accordance with Article 39 (2) of the Act shall submit a written application for designation
of the educational program for
learning characters stating the matters applicable to each of
the following subsections, accompanied by the documents prescribed
by the Ordinance of
the Ministry of Education, Science and Technology, to the Superintendent of the Office of
Education. 1. Name;
2. Objectives;
3. Location;
4. Number of classes, student quota, and tuition for each course of study;
5. Organization of curriculum;
6. Teacher quota;
7. Plans for raising necessary expenses;
8. Actual status of establishment and plan for expanding establishment;
9. Actual status of teaching tools and other facilities, and plan for expanding facilities; and
10. Planned date of opening.
(2) When the Superintendent of the Office of Education has received the application for
designation
referred to in section (1), he/she shall examine such application, and issue a
statement of designation, prescribed by the Ordinance
of the Ministry of Education, Science
and Technology, to the applicant, if such application meets the standards for designation.
(1) The Standards for installation and designation of educational programs for learning
characters referred to in Article 39 of
the Act shall be as follows:
1. Teachers of elementary course shall be secured by graduates of universities or colleges
or other persons who have the same academic
background as graduates of universities or
colleges, and teachers of middle school course shall be secured by persons having
teacher
qualifications under Article 21 (2) of the Elementary and Secondary Education
Act, from persons who have completed teachers training
course for educating character
learning operated by the Institute or City/Do Institute: Provided, that teachers for
elementary
school courses may be secured by high school graduates, who have
completed teachers training course for educating character learning
operated by the
Institute or City/Do Institute, and acknowledged by the Deliberation Committee on
Education for Learning Characters
under Article 76 (1);
2. Facilities and equipment appropriate for educational activities shall be equipped; and
3. It shall operate an educational program for learning characters corresponding to the
elementary school or middle school level.
(2) Detailed standards for teachers, facilities and equipment, and curriculum referred to in
section (1) shall be prescribed by
the Ordinance of the Ministry of Education, Science and
Technology.
(1) Where an institution implementing educational program for learning characters has been
designated for its educational program
for learning characters by fraudulent or other illegal
means and has operated such program, the superintendent of the Office of
Education may
revoke such designation.
(2) The Superintendent of the Office of Education shall periodically evaluate whether or not
the institutions operating educational
programs for learning characters meet the standards
pursuant to this Decree, and open the result thereof to the public.
Article
72 (Support to Education for Learning Characters)
(1) The heads of the central administrative agencies concerned and the local governments
may support the expenses applicable to the following subsections in accordance with Article
39 (3) of the Act:
1. Operating expenses for institutions implementing educational program for learning
characters;
2. Expenses for books and teaching tools for educating character learning; and
3. Personnel expenses and training expenses of teachers for educating character learning.
(2) Matters necessary for supporting the
educational program for learning characters under
section (1) shall be determined by the heads of the relevant central administrative
agencies
concerned and local governments.
Article 73 (Report on Discontinuance of Operator of Educational Program for Learning
Characters)
In the event that a person, who obtained designation of the educational program for learning
characters and has operated such program
in accordance with Article 70, intends to
discontinue the relevant program, he/she shall file a report, accompanied by the documents
stating reasons for discontinuance, date, month, and year of discontinuance, method for
dealing with unfinished works, etc. such
as management of school registers of students, with
the Superintendent of the Office of Education by no less than 30 days prior
to the planned
date of such discontinuance.
Article 74 (Procedures for Recognizing Academic Background of Persons Who Have
Completed Educational Programs for Learning Characters)
(1) In the event that a person who has completed an educational program for learning
characters under Article 40 of the Act intends
to be recognized for his/her academic
background, he/she shall submit application documents prescribed by the Ordinance of the
Ministry of Education, Science and Technology to the Superintendent of the Office of
Education.
Article 75 (Standards, etc. for Recognition of Academic Background of Persons Who
Have Completed Educational Program for Learning
Characters)
(1) A person to be admitted to educational programs for learning characters recognizing
academic background of elementary
school and middle school shall be over 18 years in
his/her full age.
(2) Where a learner intends to be recognized for his/her academic background equivalent to
those of graduates of elementary schools
or middle schools in accordance with Article 40 of
the Act, he/she shall complete the curriculum under Article 70 (1) 3 .
(3) For
the completion of the curriculum referred to in section (2), the completion of courses
through the learning account under Article
14 shall be recognized within the extent of two
thirds of standards for recognition of academic background, and matters necessary
for the
recognition procedures through learning accounts, etc. shall be determined by the Minister.
(1) The Deliberation Committee on Education for Learning Characters shall be established
in the Institute to deliberate on the improvement
of system, recognition of qualification of
teachers for education of learning characters, etc., and matters necessary therefor shall
be
determined by the president of the Institute.
(2) The Examining Committee on Education for Learning Characters shall be established
under the jurisdiction of the Superintendent
of the Office of Education to examine the
standards for installation and designation of educational programs for learning characters
and whether or not satisfying such standards, standards for recognition of academic
background of the persons who have completed
educational programs for learning
characters and whether or not satisfying such standards, etc., and matters necessary therefor
shall be determined by the Superintendent of the Office of Education.
Article 77 (Delegation of Authority)
The Minister shall, according to the classification applicable to each of the following
subsections, delegate part of his/her authority
to the heads of colleges or universities, or the
Superintendents of the Offices of Education, respectively in accordance with Article
44 of
the Act: 1. Issuance of certificate of qualifications for lifelong education teachers under Article 24
(1) 1 of the Act and subsection 1 of
Article 15: the heads of relevant colleges or
universities; and
2. Receipt of the report or notice of the closure of any remote lifelong education
establishment under Article 33 (2) of the Act:
the Superintendent of the Office of
Education having jurisdiction over the location of the main facilities of such
establishment.
Article 78 (Procedures for Imposition and Collection of Fine for Negligence)
(1) The jurisdictional authority shall, when it imposes
a fine for negligence pursuant to
Article 46 (2) of the Act, investigate and confirm the relevant activity of violation and then
notify (including notice by electronic document where the person subject to the disposition
taken to impose such fine for negligence
wants) the person subject to a disposition taken to
impose such fine for negligence that he/she is obligated to pay, explication
such fact of
violation and the amount of the fine for negligence, etc. in writing.
(2) The jurisdictional authority shall, where
it intends to impose a fine for negligence
pursuant to section (1), give a person subject to a disposition taken to impose a fine
for
negligence an opportunity to state his/her opinion orally or in writing (including electronic
documents) for a fixed period
of not less than 10 days. In this case, where he/she fails to
state his/her opinion by the given date, he/she shall be deemed to
have no opinion to state.
(3) The jurisdictional authority shall, when it determines the amount of a fine for negligence,
take
into account the motives of the relevant activity of violation and the consequences
thereof, etc.
(4) Procedures for collection of fines for negligence shall be prescribed by the Ordinance of
the Ministry of Education, Science
and Technology.
ADDENDA (Enforcement Decree of the Act on Promotion of Periodicals
Including Magazines)
This Decree shall enter into effect on Dec. 6, 2008
Article 2 (Amendment of Other Laws and Regulations)
(1) through (13) Omitted.
(14) Part of the Enforcement Decree of the Lifelong Education Act shall be amended as
follows:
Article 66 (1) 1 shall be as follows:
1. A person who publishes a daily newspaper, weekly newspaper, or internet newspaper
registered in accordance with Article 12 (1)
of the Act on the Freedom of Newspapers,
etc. and Guarantee of Their Functions, and a monthly magazine registered in accordance
with Article 15 (1) of the Act on Promotion of Periodicals Including Magazines.
Article 3 Omitted.
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