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ENFORCEMENT DECREE OF THE SCHOOL MEALS ACT

[Enforcement Feb. 25, 2009] [Presidential Decree 21328, Feb 25, 2009, Amendment of Other Laws and Regulations]

Ministry of Education, Science and Technology [School Athletic Health & Meal Service Division] 02-2100-6395

Article 1 (Purpose)

The purpose of this Decree is to prescribe the matters delegated by the School Meals Act and necessary for its enforcement thereof. Article 2 (Operation Principle of School Meal Service) (1) It is a principle that school meal services shall be provided with staple food, side dish, etc. meeting the nutrition management standards pursuant to Article 11 (2) of the School Meals Act (hereinafter referred to as the "Act") at lunchtime [supper time for special classes and schools attached to industry for working juveniles pursuant to subparagraph 2 of Article 4 of the Act] of school days. (2) Matters of the following subparagraphs regarding school meal services shall be determined by the head of a school after deliberation or consultation with a school operational committee pursuant to Article 31 of the Elementary and Secondary Education Act (hereinafter referred to as the "school operational committee") :

1. Matters concerning the method of operating school meal services, object of meal services, frequency of meal services, meal service time, detailed nutrition standards, etc.;

2. Matters regarding the operation plan, budget and settlement of accounts of school meal services;

3. Matters regarding origin, quality grade and other detailed quality standards of foodstuffs and approval of use of finished products;

4. Matters regarding the method of supplying foodstuffs, etc. and the standards for the selection of suppliers;

5. Matters regarding decision on expenditure and meal charge borne by guardians;

6. Matters regarding the selection of the object of assistance in meal charges;

7. Matters regarding participation and assistance of guardians in meal service activities;

8. Matters regarding the implementation of the school milk meal services; and

9. Other matters as deemed important for the operation of school meal service by the head of a school.

Article 3 (Report, Etc. For Commencement of School Meal Service) (1) The head of a school who intends to implement school meal services pursuant to Article 4 of the Act shall make a report on the commencement of school meal services to the Minister of Education, Science and Technology or the Superintendent of the relevant Office of Education as stipulated by Ordinance of the Ministry of Education, Science and Technology after being equipped with the facilities and equipment for meal service under Article 6 of the Act: Provided, that in the case where the meal service is implemented by transporting foods that have been made and processed outside of the school as the facilities and equipment for meal services are not equipped in the school, the head of the school may make a report on the commencement of school meal services without the facilities and equipments for meal services.

(2) Where important matters, such as change in the methods of operating meal services, large renovation or enlargement/rebuilding of the facilities and equipment for meal services, suspension of operation or shutdown, etc. of the facilities and equipment for meal service have been altered after making the report on the commencement of school meal services under paragraph (1), the details thereof shall be reported to the Minister of Education, Science and Technology or the Superintendent of the relevant Office of Education.

Article 4 (Formulation, Etc. of Operation Plan of School Meal Service) (1) The head of a school shall formulate an operation plan of school meal services after deliberation or consultation with the school operational committee before the start of each school year for the management and operation of school meal services.

(2) The operation plan of school meal services under paragraph (1) shall include matters necessary for the operation and management of school meal services, such as the plan for meal services, management of nutrition, sanitation, foodstuffs, work and budget, and guidance on dietary life, etc. (3) The head of a school shall report the status of performance of operation plan to the school operational committee at least once a year. Article 5 (Organization of School Meal Service Committee) (1) The school meal service committee pursuant to Article 5 (1) of the Act shall consist of fifteen members or less including a chairperson. (2) The Deputy Superintendent (referring to the first Deputy Superintendent in the case there are two or more Deputy Superintendents) of the Office of Education in the Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Do (hereinafter referred to as the "Office of Education in City/Do") shall be the chairperson (hereinafter referred to as the "chairperson") of the school meal service committee.

(3) Members shall be appointed or entrusted by the Superintendent of the Office of Education among the directors in charge of school meal services who belong to the Office of Education in City/Do, directors in charge of assistance to school meal services and directors in charge of health and sanitation who belong to the Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Do, heads of schools, students' parents, specialists in the field of school meal service, persons recommended by citizens groups pursuant to Article 2 of the Assistance for Non-profit, Non-governmental Organizations Act, and other persons deemed necessary by the Superintendent of the Office of Education. (4) The school meal service committee shall have one secretary, who shall be appointed among the public officials of the Office of Education in City/Do. Article 6 (Operation of School Meal Service Committee) (1) The chairperson shall take full control of the affairs of the school meal service committee, and represent the school meal service committee. (2) The chairperson shall convene meetings of the school meal service committee and preside over the meetings.

(3) The meetings of the school meal service committee shall be in session with the attendance of a majority of members in office, and shall make a resolution by the majority vote of the present members.

(4) The secretary shall perform the affairs of the school meal service committee under the order of the chairperson.

(5) The term of office for an entrusted member shall be two years, and may be renewed only once more.

(6) Other matters necessary for the operation of the school meal service committee shall be determined by the chairperson through resolution of the school meal service committee.

Article 7 (Types and Standards of Facility and Equipment) (1) The types and standards of facilities and equipment with which school meal services shall be equipped pursuant to Article 6 (2) of the Act shall be provided under each of the following subparagraphs:

1. Kitchen: It shall be a facility that does not interrupt students' study by separating or isolating from classrooms, but shall be in a place convenient for transportation of foodstuffs and distribution of foods, and shall be equipped with efficient and safe cooking appliances, refrigerating and freezing facility, cleaning and sterilizing facility, etc.;

2. Food storing room: It shall be easy to ventilate and prevent moisture, and shall be in a place appropriate to store foods and foodstuffs in a sanitary way, and shall be equipped with mothproof and rat preventing facilities;

3. Meal service management room: It shall be placed near the kitchen and shall be equipped with office equipment, such as computer, etc.; and

4. Convenience facility: It shall be placed near the kitchen and shall be equipped with necessary wardrobes, shower facility, etc. in consideration of the number of cooking staff.

(2) The detailed standards for the facilities and their appurtenant facilities with which school meal services pursuant to paragraph (1) are to be equipped shall be stipulated by the Decree of the Ministry of Education, Science and Technology. Article 8 (Duties of Nutrition Teacher)

A nutrition teacher pursuant to Article 7 (1) of the Act shall assist the head of a school and shall carry out the duties falling under any of the following subparagraphs:

1. Preparation of menu, and selection and inspection of foodstuffs;

2. Sanitation, safety and work management and inspection of foods;

3. Guidance on dietary life, provision of information thereon and consultation on nutrition;

4. Guidance and supervision of kitchen staff; and

5. Other matters regarding school meal service. Article 9 (Burden of Operating Cost of Meal Service) (1) The operating cost of meal services pursuant to Article 8 (2) of the Act shall be provided under each of the following subparagraphs:

1. Maintenance cost of the facility and equipment for meal services;

2. Labor cost of staff; and

3. Expenses, such as fuel cost, cost of consumption goods. (2) Part of the cost pursuant to subparagraph 2 and 3 of paragraph (1) may be borne by guardians after deliberation or consultation with the school operational committee.

(3) The founder and administrator of a school shall make efforts to reduce the burden of guardians pursuant to paragraph (2).

Article 10 (Standards, Etc. for Assistance in Meal Charge) (1)Where the expenses to be borne by guardians pursuant to Article 9 (1) of the Act are assisted, the amount and object of assistance shall be determined by the Superintendent of the relevant Office of Education after deliberation of the school meal service committee.

(2) The term "school in an area prescribed by Presidential Decree" under subparagraphs 2 and 3 of Article 9 (2) of the Act means a school falling under each of the following subparagraphs:

1. Subparagraph 2 of Article 9 (2) of the Act: A school located in an area corresponding to the island or remote area pursuant to Article 2 of the Act on the Promotion of Education in Islands and Remote Areas, which is recognized by the Superintendent of the relevant Office of Education that 70/100 of parents are placed in a situation similar to that of the parents in islands and remote areas; and

2. Subparagraph 3 of Article 9 (2) of the Act: A school located in an area corresponding to the agricultural, mountain or fishery area pursuant to subparagraph 1 of Article 3 of the Special Act on the Elevation of Life Quality of Farmers, Foresters and Fishermen and the Promotion of Development of Agricultural, Mountain and Fishery Areas, which is recognized by the Superintendent of the relevant Office of Education that 70/100 of parents are placed in a situation similar to that of the parents in agricultural, mountain or fishery areas.

Article 11 (Extent, etc. of Entrustment of Duties) (1) The term "where it is inevitable due to the conditions of school meal service" as referred to in Article 15 (1) of the Act means cases falling under any of the following subparagraphs:

1. Where the facility for school meal services is not prepared due to spatial, financial reasons, etc.;

2. Where it is difficult for the head of a school to directly manage and control school meal services for a prolonged period of time due to the moving-out, merger, abolition, etc. of the school; and

3. Where it is inevitable to entrust school meal services, which is determined by the Superintendent of the relevant Office of Education after deliberation of the school meal service committee.

(2) The requirements that school meal service providers pursuant to Article 15 (3) of the Act should meet shall be provided under each of the following subparagraphs:

1. Where part of the duties, such as cooking, transporting, distribution of foods, etc. in the course of school meal service pursuant to Article 12 (1) of the Act is entrusted to the school meal service providers, they shall report an entrusted food service business pursuant to item (e) of subparagraph 8 of Article 7 of the Enforcement Decree of the Food Sanitation Act; and

2. Where all of the process of school meal services pursuant to Article 12 (1) of the Act is entrusted to the school meal service providers: (a) Where the school meal service is made by transporting foods manufactured and processed outside of schools, the providers shall report a food manufacturing and processing business pursuant to subparagraph 1 of Article 7 of the Enforcement Decree of the Food Sanitation Act; or

(b) Where the facility for school meal service is operated by entrustment, the providers shall report an entrusted food service business pursuant to item (e) of subparagraph 8 of Article 7 of the Enforcement Decree of the Food Sanitation Act.

(3) Where the head of a school intends to entrust the duties of school meal services pursuant to Article 15 (1) of the Act, he/she shall entrust a school meal service provider who employs a person having the license necessary to report a catering service business pursuant to Article 69 of the Food Sanitation Act. Article 12 (Method of Contracting Entrustment, Etc. of Duties) Relevant provisions of the Act on Contracts to Which the State is a Party and its Decree or of the Act on Contracts to Which a Local Government is a Party and its Decree shall apply or apply mutatis mutandis to the contract on the entrustment of school meal services pursuant to Article 15 of the Act. Article 13 (Methods and Standards for Assessment of Operations of School Meal Service)

(1) The Minister of Education, Science and Technology or the Superintendent of the relevant Office of Education may organize and operate an assessment committee in order to efficiently execute the assessment of operations of school meal services pursuant to Article 18 (1) of the Act.

(2) The standards for the assessment of operations of school meal services pursuant to Article 18 (2) of the Act shall be provided under each of the following subparagraphs:

1. Management and operations of meal service, such as sanitation, nutrition, management, etc. of school meal service;

2. Guidance on students' dietary life and consultation on nutrition;

3. Degree of users' satisfaction on school meal service;

4. Preparation and operations of budget of school meal service; and

5. Other matters deemed as necessary for assessment standards. Article 14 (Facility subject to Entry, Inspection, Collection, etc. ) The facilities related to school meal services pursuant to Article 19 (1) of the Act shall be provided under each of the following subparagraphs:

1. Facility of school meal services installed within a school; and

2. Manufacturing and processing facility of a company that supplies foodstuffs or manufactured and processed foods for school meal services. Article 15 (Training of Relevant Public Official) The Superintendent of each Office of Education may perform training to improve the expertise in inspection and quality of public officials pursuant to Article 19 of the Act.

Article 16 (Designation and Operation of Meal Service Research School) The Superintendent of each Office of Education may designate and operate a research school or model school of meal service for the improvement and development of educational effect of school meal services. Article 17 (Delegation of Authority)

Pursuant to Article 20 of the Act, the Superintendent of the Office of Education shall delegate its authority to enter, inspect, collect, etc. pursuant to Article 19 of the Act, and to request for the administrative disposition, etc. pursuant to Article 21 of the Act, and to impose and collect (limited to the authority for elementary and secondary schools) a fine for negligence pursuant to Article 25 of the Act to the head of the relevant district office of education Article 18 (Imposition and Collection of Civil Fine for Negligence) (1) The standards for imposition of a fine for negligence pursuant to Article 25(1) and (2) of the Act shall be as seen in the attached Table. (2) When the Minister of Education, Science and Technology or the Superintendent of each Office of Education determines the amount of a fine for negligence, he/she may reduce it in consideration of the motive, result thereof, etc. of the relevant act of violation within the range of 50/100 of the amounts pursuant to the attached Table.

[Wholly Amended by Enforcement Decree No. 21328, Feb 25, 2009] ADDENDA

This Decree shall enter into force on the date of its promulgation.