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ENFORCEMENT RULE OF THE SCHOOL HEALTH ACT

[Enforcement Date: Aug. 4, 2008] [Ordinance of the Ministry of Education, Science and Technology No. 12, Aug. 4, 2008, Partial Amendment] Ministry of Education, Science and Technology (Student Health & Safety Division) Tel.: 02-2100-6330

Article 1 (Purpose)

The purpose of this Rule is to prescribe the matters delegated by the School Health Act and the Enforcement Decree of the same Act, and those necessary for the enforcement thereof.

Article 2 (Facilities and Equipment of Health Room) The school heads shall conduct the following education using the class hours, discretionary activities and special activities for the students and pupils in accordance with Article 8 (1) of the Act. In this case, the number of education, hours and instructors, etc. shall be according to the local environment and actual condition of the school:

1. Education of traffic safety, education for prevention of misuse and abuse of drugs, and safety education to prepare for disasters referred to in Article 9 (3) of the Child Welfare Act;

2. Education for prevention of school violence referred to in Article 13 of the Act on the Prevention of and Countermeasures against Violence in Schools;

3. Education necessary for preventing sexual assaults referred to in Article 3 (2) of the Act on the Punishment of Sex Crimes and Protection of Victims Thereof;

4. Education to prevent sex traffic under the Act on the Prevention of SexTraffic and Protection, etc. of Victims Thereof; and

5. Other safety educations pursuant to the Acts related to accidents. (2) The school heads shall conduct education equivalent to those under paragraph (1) for teachers and staff members. They may, however, conduct such education by entrusting to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act or the Korea Fire Safety Association under Article 40 of the Framework Act on Fire Services.

Article 3 (Procedures, etc. for Claim and Payment of Mutual-Aid Benefits) (1) A person who intends to receive the mutual-aid benefits pursuant to Article 41 (1) of the Act shall prepare the written claim for the mutual-aid benefits in accordance with the format of Form I and submit it to the mutual-aid member or the School Safety Mutual-Aid Association (hereinafter referred to as the "Mutual-Aid Association"). In this case, the evidential materials which prove the reason for the claim shall be attached to the written claim for mutual-aid benefits.

(2) When the mutual-aid member has received the written claim for the mutual-aid benefits pursuant to paragraph (1), he/she shall promptly submit it to the Mutual-Aid Association. (3) In the event that the Mutual-Aid Association has decided to pay the mutual-aid benefits, it shall inform such fact to the mutual-aid member and the person who claimed the payment of mutual-aid benefits.

Article 4 (Preparation of Original Register of Benefits) (1) When the Mutual-Aid Association has paid the mutual-aid benefits, it shall prepare the original register of benefits for each beneficiary who received the benefits. (2) In the event that the Mutual-Aid Association is requested by the person related to the mutual-aid benefits, it shall make the original register of benefits available for perusal, and may issue written certificates if necessary.

Article 5 (Restriction on Mutual-Aid Benefits)

The term "period prescribed by the Ordinance of the Ministry of Education, Science and Technology" in Article 43 (2) of the Act refers to thirty days from the date the mutual-aid member has received the notice for payment of mutual-aid contributions. Article 6 (Recovery of Unjust Profit)

(1) When the Mutual-Aid Association has decided to recover unjust profits pursuant to Article 46 of the Act, it shall, without delay, notify the person responsible for the payment to pay the relevant amount.

(2) The person who has been notified in accordance with paragraph (1) shall pay such amount within thirty days from the date of receipt of the notice. Article 7 (Compensation for Expenses)

(1) The expenses to be compensated pursuant to Article 48 (2) of the Act (hereinafter referred to as the "compensation expenses") shall be as follows:

1. The whole or part of expenses to prevent or reduce damages and expenses for emergency measures paid to prevent and reduce damages;

2. The whole or part of the necessary expenses or beneficial expenses paid for the preservation and exercising of rights to receive the compensation for damages from others; and

3. The whole or part of expenses for civil and criminal lawsuits and loans for deposit money related to school accidents.

(2) A person who intends to receive payment for the compensation expenses shall prepare a written claim for compensation expenses in accordance with the format of Form I and submit to the Mutual-Aid Association through the mutual-aid member. (3) The Mutual-Aid Association in receipt of the written claim for the compensation expenses pursuant to paragraph (2) shall decide on whether or not to pay the compensation expenses within fourteen days from the date of receipt of the claim. Where it is difficult to decide on whether or not to pay the mutual-aid benefits within fourteen days due to justifiable reasons such as necessity for investigation, etc., such period may be extended for an additional fourteen days.

(4) In the event that the Mutual-Aid Association has decided to pay the compensation expenses, it shall pay the compensation expenses to the person who claimed the compensation expenses.

Article 8 (Application for Objection to Mutual-Aid Contributions) The mutual-aid member who is dissatisfied with the mutual-aid contributions notified pursuant to Article 49 (5) of the Act shall prepare a written application for objection in accordance with the format of Form II within fourteen days from the date of receipt of the notice, and submit it to the Mutual-Aid Association. Article 9 (Payment of Mutual-Aid Contribution)

(1) The Mutual-Aid Association shall decide on the mutual-aid contributions by the school pursuant to Article 50 (1) of the Act and notify to the mutual-aid members by Apr. 1 of each year.

(2) The mutual-aid members shall pay the mutual-aid contributions to the Mutual-Aid Association by Apr. 30 of each year pursuant to paragraph (1): Provided that the mutual-aid member who subscribes to the Mutual-Aid Association pursuant to the proviso of Article 12 of the Act shall pay the mutual-aid contributions within thirty days from the date of subscription thereto.

Article 10 (Operation Plan of Fund)

(1) The operation plan of the Fund for School Safety Mutual-Aid and Prevention of Accidents (hereinafter referred to as the "Fund") referred to in Article 55 of the Act shall contain the following matters:

1. Matters concerning revenue and expenditure of the Fund;

2. Matters concerning the project plan and fund plan of the relevant year;

3. Matters concerning disposition of the forwarded funds from the previous year;

4. Matters concerning reserves; and

5. Other matters necessary for the operation of the Fund. (2) The Mutual-Aid Association shall formulate the operation plan of the Fund pursuant to paragraph (1), and submit it to the Superintendent by one month prior to the commencement of each business year.

Article 11 (Procedures for Collection of Fine for Negligence) The Enforcement Rule of the Management of the National Funds Act shall apply mutatis mutandis to the procedures for collection of fines for negligence pursuant to Article 34 (5) of the Decree. In this case, the written notice for payment shall also contain the method and period of raising objection, etc.

ADDENDA (Enforcement Rule of Organization of Office of the Ministry of Education, Science and Technology and Its Subordinate Agencies)

Article 1 (Enforcement Date)

This Ordinance shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.

Article 5 (Amendment of Other Laws and Regulations) (1) through <45> Omitted.

<46> Part of the Enforcement Rule of the Act on the Prevention of and Compensation for Accidents in School shall be amended as follows:

The term "period prescribed by the Ordinance of the Ministry of Education and Human Resources Development" in Article 5 shall be changed to "period prescribed by the Ordinance of the Ministry of Education, Science and Technology". <47> through <63> Omitted.