Article 1(Purpose) #
The purpose of this Act is to provide for matters concerning the establishment and operation of private teaching institutes to encourage the sound development of private teaching institutes, as well as to stipulate matters pertaining to extracurricular lessons, thereby contributing to the promotion of lifelong education.
[This Article Wholly Amended on Dec. 21, 2007]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 28, 2008; Jul. 25, 2011; Jan. 19, 2016; Mar. 23, 2021; Aug. 17, 2021; Apr. 18, 2023>
1. The term "private teaching institute" means a facility where an individual provides an educational course (including provision of guidance, such as consulting, etc. necessary for entering a school of higher grade and teaching through the distance education utilizing information and communications technology; hereinafter the same shall apply) for at least 30 days (including cases where the total number of teaching days of repeated courses is at least 30 days; hereinafter the same shall apply) to teach knowledge, techniques (including skills; hereinafter the same shall apply) and arts (including cases where a consulting, etc. necessary for entering the school of higher grade are provided and where distance education is provided using the information technology, etc.; hereinafter the same shall apply) to students whose number is at least the number determined by Presidential Decree, or to many and unspecified students; or a facility which is provided for learning for at least 30 teaching days: Provided, That any of the following facilities shall be excluded:
(a) Schools referred to in the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, and other statutes and regulations;
(b) Libraries, museums, and science halls;
(c) Facilities such as places of work, which are used for employee training;
(d) Lifelong education facilities, which are authorized, registered, reported or declared under the Lifelong Education Act;
(e) Vocational skills development training establishments defined in the National Lifelong Vocational Skills Development Act or facilities established under other Acts concerning lifelong education;
(f) Driving schools referred to in the Road Traffic Act;
(g) Facilities managed jointly by the occupants of the collective housing referred to in subparagraph 3 of Article 2 of the Housing Act, which are installed or used for training of the occupants for not-for-profit making purposes by resolution of a council of occupants’ representatives under Article 14 of the Multi-Family Housing Management Act;
2. The term "teaching school" means a facility for extracurricular lessons referred to in subparagraph 4, and which is neither a private teaching institute nor a facility referred to in each item of subparagraph 1;
3. The term "private tutor" means a person who gives extracurricular lessons at any of the following facilities in exchange for tuition fees, etc.:
(a) A student's or tutor's residence, which is a detached house or an apartment under Article 2 (2) of the Building Act;
(b) Facilities referred to in subparagraph 1 (g);
4. The term "extracurricular lessons" means teaching knowledge, techniques and arts to students at elementary, middle, or high schools or schools equivalent thereto or students preparing for school entrance examinations or examination for certification of academic attainments: Provided, That the following shall be excluded:
(a) Lessons at the facilities referred to in subparagraph 1 (a) through (f) according to the purposes of their establishment;
(b) Lessons offered by any of their relatives from the same place of registration;
(c) Lessons offered as part of volunteering activities determined by Presidential Decree;
5. The term "students" means any of following persons:
(a) Anyone who takes lessons at any private teaching institutes or teaching schools;
(b) Anyone who uses facilities provided as a place of learning for at least 30 teaching days;
(c) Anyone who takes lessons from a private tutor;
6. The term "tuition fees, etc." means lecture fees, service fees, or tuition fees, etc. (hereinafter referred to as "tuition fees") which a student pays to any of the following persons in return for lessons or use of the place of learning and all other expenses paid in addition to them (hereinafter referred to as "other expenses"):
(a) A founder and operator of a private teaching institute (hereinafter referred to as "founder and operator of a private teaching institute");
(b) A founder and operator of a teaching school (hereinafter referred to as "operator of a teaching school");
(c) A private tutor.
[This Article Wholly Amended on Dec. 21, 2007]
Article 2-2(Types of Private Teaching Institutes) #
(1) The types of private teaching institutes shall be as follows: <Amended on Jul. 25, 2011>
1. A private teaching institute for school curriculum: A private teaching institute that offers the school curriculum pursuant to Article 23 of the Elementary and Secondary Education Act or teaches the following persons:
(a) Young children referred to in subparagraph 1 of Article 2 of the Early Childhood Education Act;
(b) Persons with disabilities falling under any subparagraph of Article 15 (1) of the Act on Special Education for Persons with Disabilities;
(c) Students of schools referred to in Article 2 of the Elementary and Secondary Education Act: Provided, That this shall not apply to learning for employment at private teaching institutes in vocational-technical field which are aimed at providing vocational training;
2. A private teaching institute for lifelong education or vocational training: A private teaching institute for lifelong education or vocational training, other than a private teaching institute under subparagraph 1.
(2) Classification of curriculum by the types of private teaching institutes under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 3(Restrictions on Extracurricular Lessons by School Teachers) #
Any teacher (excluding instructors prescribed in Article 14 (2) of the Higher Education Act) belonging to any school established under Article 2 of the Elementary and Secondary Education Act, Article 2 of the Higher Education Act or other Acts shall not be allowed to teach extracurricular lessons as private tutors. <Amended by Jan. 26, 2012>
[This Article Wholly Amended on Dec. 21, 2007]
Article 4(Duties of Founder and Operator of Private Teaching Institute, etc.) #
(1) A founder and operator of a private teaching institute shall manage the private teaching institute autonomously and creatively, provide convenience for students, lessen the burden of students by collecting reasonable tuition fees, provide equal educational opportunities, and perform any other duties required of a person responsible for lifelong education. <Amended on Mar. 28, 2008; Jul. 25, 2011>
(2) An operator of a teaching school or a private tutor shall, in offering extracurricular lessons, perform his or her duties as a person in charge of instruction by making efforts to provide convenience, to lessen their burden by collecting reasonable tuition fees, etc. and to provide equal opportunities for students. <Amended on Mar. 28, 2008; Jul. 25, 2011>
(3) A founder and operator of a private teaching institute or an operator of a teaching school shall take necessary safety measures, such as buying an insurance policy or joining a mutual-aid program to cover compensation for a student’s loss of life or bodily injury that could occur in relation to the operation of a private teaching institute and a teaching school as determined by ordinance of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"). <Amended on Dec. 20, 2016>
[This Article Wholly Amended on Dec. 21, 2007]
Article 5(Clean Educational Environment, etc.) #
(1) A founder and operator of a private teaching institute or an operator of a teaching school shall keep clean the educational environment and sanitary facilities of the relevant private teaching institute or teaching school.
(2) A founder and operator of a private teaching institute or an operator of a teaching school shall not establish or operate a private teaching institute for school curriculum or a teaching school in the same building where a place of business that may cause harm to the educational environment (hereinafter referred to as "place of noxious business") is located. <Amended on Jul. 25, 2011>
(3) Where a place of noxious business is to be established in the same building where a private teaching institute for school curriculum or a teaching school is located, the head of the administrative agency who grants permission, authorization, etc. for such business shall consult with the superintendent of education in advance. <Amended on Jul. 25, 2011>
(4) The types of places of noxious business pursuant to paragraphs (2) and (3) refer to the business places where any act falling under any subparagraph of Article 9 of the Educational Environment Protection Act is conducted or any facilities falling thereunder (excluding only a business place which provides facilities for Internet computer games under subparagraph 7 of Article 2 of the Game Industry Promotion Act and a business place engaged at the same place in a business providing Internet computer game facilities from among combined distribution and game providing businesses under subparagraph 8 of Article 2 of the same Act and a business cooking and selling foods while banning drinking alcohol, which is prescribed by Presidential Decree from among restaurant businesses under Article 36 (1) 3 of the Food Sanitation Act) are established. <Amended on Jul. 25, 2011; Apr. 18, 2023>
(5) Paragraphs (2) and (3) shall not apply to the buildings whose total floor area is at least 1,650 square meters, except as provided for in any of following cases: <Newly Inserted on Jul. 25, 2011>
1. Where a private teaching institute is located on the same floor as a noxious business place within a horizontal distance of 20 meters;
2. Where a private teaching institute is located one floor up or down from the place of noxious business within the horizontal distance of six meters.
[This Article Wholly Amended on Dec. 21, 2007]
Article 5-2(Measures against Infectious Diseases) #
Where the diagnosis made by a doctor suggests that a student or instructor is or is suspected to be suffering from an infectious disease or where such student or instructor is likely to be suffering from such disease, a founder and operator of a private teaching institute may take necessary measures including isolating him or her from the private teaching institute, as prescribed by Ordinance of the Ministry of Education.
[Newly Inserted on Dec. 18, 2018]
Article 6(Registration of Establishment and Operation of Private Teaching Institutes) #
(1) A person who wishes to establish and operate a private teaching institute shall obtain registration from the superintendent of education, after installing facilities and equipment referred to in Article 8, stating the personal information about a founder, curriculum, list of instructors, tuition fees, etc., facilities and equipment, and other matters in an application for registration of establishment and operation of private teaching institutes, as prescribed by Presidential Decree. The same shall apply if he or she intends to modify the curriculum, list of instructors, tuition fees, and other matters prescribed by Presidential Decree among the registered matters. <Amended on Jul. 25, 2011>
(2) The registration of a private teaching institute for school curriculum with lodging facilities may be permitted only when such private teaching institute meets the standards determined by ordinance of the competent City/Do, taking into account the educational conditions of the relevant area, the safety of students, the necessity for lodging facilities, etc. within the scope prescribed by Presidential Decree.
(3) A superintendent of education shall issue a certificate of registration, as prescribed by Ordinance of the Ministry of Education, to persons who obtain registration in accordance with paragraph (1). <Newly Inserted on May 29, 2016>
(4) A founder and operator of a private teaching institute shall display the certificate of registration issued under paragraph (3) in the private teaching institute. <Newly Inserted on May 29, 2016>
(5) Where a founder and operator of a private teaching institute loses the certificate of registration issued under paragraph (3) or where such certificate of registration becomes unusable, he or she shall request the superintendent of education to re-issue the certificate, as prescribed by Ordinance of the Ministry of Education. <Newly Inserted on May 29, 2016>
(6) A superintendent of education may reject registration under paragraph (1) in any of the following cases: <Newly Inserted on May 29, 2016>
1. Where the person intends to obtain registration of the establishment and operation of a private teaching institute that provides the same teaching curriculum at the place where the registration has been canceled, within one year from the date of cancellation of registration under Article 17 (1);
2. Where the person intends to obtain registration of the establishment and operation of a private teaching institute that provides the same teaching curriculum at the place where teaching is suspended, during the period of suspension.
Article 7(Conditional Registration of Establishment) #
(1) In granting the registration of establishment and operation of a private teaching institute referred to in Article 6, the superintendent of education may grant the registration of establishment and operation on condition that it secures the facilities and equipment referred to in Article 8 in place within a fixed period prescribed by Presidential Decree.
(2) Where a person who has obtained registration pursuant to paragraph (1) fails to secure the facilities and equipment within the said period without good cause, the superintendent of education shall cancel the registration.
[This Article Wholly Amended on Dec. 21, 2007]
Article 8(Facility Standards) #
A private teaching institute shall install and maintain the facilities and equipment necessary for teaching and learning in conformity with the standards by unit facility and by teaching curriculum determined by ordinance of the competent City/Do: Provided, That the fire-fighting facility of a private teaching institute shall be governed by the statutes and regulations related to fire-fighting.
[This Article Wholly Amended on Dec. 21, 2007]
Article 9(Grounds for Disqualification) #
(1) No person who falls under any of the following shall obtain registration of the establishment and operation of a private teaching institute referred to in Article 6: <Amended on May 29, 2016; Jun. 12, 2018>
1. A person under adult guardianship or a person under limited guardianship;
2. A person who was declared bankrupt and has not yet been reinstated;
3. A person in whose case three years have not elapsed since his or her imprisonment without labor or greater punishment declared by a court was completely executed or the non-execution of such sentence became final, or a person who is under suspension of the execution of such punishment;
4. A person in whose case one year has not elapsed since imposition of a sentence of fine, in violation of this Act;
5. A person whose qualification has been suspended or forfeited by a decision of the court;
6. A person (where it is a corporation, including its representative) in whose case one year has not elapsed since cancellation of his or her registration of a private institute pursuant to Article 17 (1);
6-2. A person (where it is a corporation, including its representative) in whose case the suspension period has not elapsed after suspension of teaching is imposed under Article 17 (1);
7. A corporation, any of whose executive officers falls under any of subparagraphs 1 through 6, and 6-2.
(2) Where a founder and operator of a private teaching institute falls under any of the causes referred to in any subparagraph of paragraph (1), the relevant registration shall lose its validity: Provided, That this shall not apply to the following cases: <Amended on Jun. 12, 2018>
1. A case falling under paragraph (1) 4;
2. A case falling under paragraph (1) 7, where the relevant corporation replaces the relevant executive officer within three months from the date such cause occurs.
[This Article Wholly Amended on Dec. 21, 2007]
[Paragraph (2) of this Article was amended by Act No. 15625 promulgated on June 12, 2018, following the decisions of unconstitutionality made by the Constitutional Court on January 28, 2014 and May 28, 2015, respectively]
Article 10(Report of Suspension or Closure, etc. of Private Teaching Institutes) #
(1) Where a founder and operator of a private teaching institute intends to suspend operation of the institute for at least one month, or close it, he or she shall report such fact to the superintendent of education without delay, as determined by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) A superintendent of education may ex officio cancel any registered matter, if a founder and operator of a private teaching institute reports the closure of his or her business to the head of a competent tax office or where the head of the competent tax office cancels his or her business registration pursuant to Article 8 of the Value-Added Tax Act. <Newly Inserted by Dec. 19, 2017>
(3) Where necessary for the ex officio cancellation prescribed in paragraph (2), a superintendent of education may request information from the head of the competent tax office on whether a founder and operator of a private teaching institute has closed his or her business. In such cases, the head of the competent tax office in receipt of such request shall provide such information regarding the business closure of the founder and operator of the private teaching institute, in accordance with Article 36 (1) of the Electronic Government Act. <Newly Inserted by Dec. 19, 2017>
(4) No person who establishes and operates a private teaching institute may file a report on permanent closure under paragraph (1) during the period of administrative disposition under Article 17 (1) and the period in which procedures for such disposition are in progress (referring to the period from the timing of a prior notice under Article 21 of the Administrative Procedures Act is finalized to the time the disposition is finalized). <Newly Inserted on Apr. 18, 2023>
[This Article Wholly Amended on Dec. 21, 2007]
Article 11 #
Deleted. <Jan. 18, 1999>
Article 12(Curriculum) #
The curriculum of a private teaching institute shall be determined by a founder and operator of the private teaching institute in consideration of the needs of students and practicality.
[This Article Wholly Amended on Dec. 21, 2007]
Article 13(Instructors, etc.) #
(1) Instructors who teach at private teaching institutes shall meet the qualifications determined by Presidential Decree.
(2) A founder and operator of a private teaching institute shall put up a notice stating an instructor’s personal information such as age, academic background, major, career, etc. as prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Deleted. <Dec. 20, 2016>
[This Article Wholly Amended on Dec. 21, 2007]
Article 13-2(Employment of Foreign Instructors) #
Where a founder and operator of a private teaching institute intends to employ a foreign instructor (referring to a person in charge of teaching in a private teaching institute who is not a national of the Republic of Korea; hereinafter the same shall apply) to assign him or her with foreign language teaching, he or she shall require the instructor to submit each of the following documents and verify them before hiring him or her: Provided, That he or she need not require the Criminal History Information Records referred to in subparagraph 1 from persons who obtain the status of stay for conversation instruction, among those who obtain the status of stay that entitles him or her to engage in job-seeking activities in accordance with Article 18 of the Immigration Act: <Amended by Dec. 20, 2016>
1. Criminal History Information Records (CHIR);
2. Medical certificates (which was issued within one month and includes the test results for marijuana and other drugs);
3. Academic certificates;
4. Other documents prescribed by Presidential Decree.
[This Article Newly Inserted on Jul. 25, 2011]
Article 14(Report on Establishment and Operation of Teaching Schools) #
(1) Any person who intends to establish and operate a teaching school shall describe his or her personal information, the name and location of a teaching school, teaching subjects, tuition fees, etc. on a written report on the establishment and operation of a teaching school and file such report with the superintendent of education as prescribed by Presidential Decree. The same shall also apply where he or she intends to change the personal information of an operator of a teaching school, the name and location of a teaching school, teaching subjects, tuition fees, etc. and other matters determined by Presidential Decree. <Amended on Jul. 25, 2011>
(2) A superintendent of education shall notify a reporting person of whether to receive a report or report on changes within eight days from the date of receipt of such report under paragraph (1). <Newly Inserted on Dec. 18, 2018>
(3) If a superintendent of education fails to notify a reporting person of whether to receive a report or of whether to extend a period of processing such report under statutes and regulations related to processing of civil petitions within the period prescribed in paragraph (2), the report shall be deemed received on the day following the date of expiration of the relevant period (referring to the relevant processing period where a processing period is extended or re-extended under statutes and regulations related to processing of civil petitions). <Newly Inserted on Dec. 18, 2018>
(4) A superintendent of education shall, upon receipt of a report pursuant to paragraph (1), issue a certificate of report as prescribed by Ordinance of the Ministry of Education. <Amended on Jul. 25, 2011; Mar. 23, 2013; Dec. 18, 2018>
(5) The operator of a teaching school shall post the certificate of report issued under paragraph (4) in the relevant teaching school. <Amended on Jul. 25, 2011; Dec. 18, 2018>
(6) Where the operator of a teaching school loses his or her certificate of report issued pursuant to paragraph (4), or such certificate becomes damaged, he or she shall request the superintendent of education for re-issuance as prescribed by Ordinance of the Ministry of Education. <Amended on Jul. 25, 2011; Mar. 23, 2013; Dec. 18, 2018>
(7) An operator of a teaching school shall only teach one subject at a time in one place at a teaching school. <Amended on Jul. 25, 2011>
(8) The qualifications for an operator of a teaching school, the location, facilities and equipment of a teaching school, the number of students, and other necessary matters shall be determined by Presidential Decree. <Newly Inserted on Jul. 25, 2011>
Article 14-2(Report, etc. by Private Tutors) #
(1) A person who intends to provide private extracurricular lessons shall report his or her personal information, subjects and places, and tuition fees, etc. to the superintendent of education having jurisdiction over his or her address as prescribed by Presidential Decree. The same shall also apply where he or she intends to modify reported matters prescribed by Presidential Decree: Provided, That this shall not apply to the students (excluding those on leave of absence) attending colleges or universities established under Article 2 of the Higher Education Act or other individual Acts (including graduate schools) and the schools equivalent thereto. <Amended by Jul. 25, 2011>
(2) A superintendent of education shall notify a reporting person of whether to receive a report or report on changes within five days from the date of receipt of such report under paragraph (1). <Newly Inserted on Dec. 18, 2018>
(3) If a superintendent of education fails to notify a reporting person of whether to receive a report or of whether to extend a period of processing such report under statutes and regulations related to processing of civil petitions within the period prescribed in paragraph (1), the report shall be deemed received on the day following the date of expiration of the relevant period (referring to the relevant processing period where a processing period is extended or re-extended under statutes and regulations related to processing of civil petitions). <Newly Inserted on Dec. 18, 2018>
(4) A superintendent of education shall, upon receipt of a report on private extracurricular lessons under paragraph (1), issue a certificate of report as prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 18, 2018>
(5) Where the place of tutoring is the residence of a private tutor, the private tutor shall display his or her certificate of report at the place of tutoring; where the place of tutoring is the residence of a student, the private tutor shall present such certificate of report upon request of the student or parents of the student. <Amended on May 29, 2016>
(6) Where a private tutor loses his or her certificate of report issued pursuant to paragraph (4), or such certificate becomes damaged, he or she shall request the superintendent of education for re-issuance, as prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Dec. 18, 2018>
(7) Where a private tutor ceases to provide private extracurricular lessons, he or she shall notify the superintendent of education of such fact.
Article 15(Tuition Fees, etc.) #
(1) The founders and operators of private teaching institutes, operators of teaching schools, or private tutors may receive tuition fees, etc. from students, and they shall issue a receipt upon receiving the tuition fees, etc. as prescribed by Ordinance of the Minister of Education. <Amended on Jul. 25, 2011; Mar. 23, 2013>
(2) The founders and operators of private teaching institutes, operators of teaching schools, or private tutors shall determine the amount of tuition fees, etc., taking into account teaching contents, teaching hours, etc., and determine other expenses based on actual costs. <Amended on Jul. 25, 2011>
(3) The founders and operators of private teaching institutes, operators of teaching schools, or private tutors shall post matters concerning tuition fees, etc. under paragraph (1) and the refund thereof at a place visible to students as prescribed by educational regulations of a Si/Do, and where they publish advertisements to invite students using leaflets, the Internet, etc., they shall indicate tuition fees and other matters prescribed by Presidential Decree, among the matters stated in the certificate of registration or certificate of report. In such cases, upon request of students or their parents, they shall notify them, in writing, of the details of tuition fees, etc. posted or indicated, as prescribed by Ordinance of the Minister of Education. <Amended on Jul. 25, 2011; Mar. 23, 2013; May 29, 2016>
(4) No founder and operator of a private teaching institute, operator of a teaching school, or a private tutor shall indicate, post, or notify false tuition fees, etc., nor collect tuition fees exceeding the amount indicated, posted, or announced, or registered with or reported to the superintendent of education. <Amended on Jul. 25, 2011; May 29, 2016>
(5) Deleted. <May 29, 2016>
(6) Where the superintendent of education deems the tuition fees, etc. of a private teaching institute for school curriculum, a teaching school, or a private tutor determined under paragraph (2) excessive, he or she may order such institute or school to adjust the tuition fees, etc. as prescribed by Presidential Decree. <Newly Inserted on Jul. 25, 2011; May 29, 2016>
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
Article 15-2(Indication of Name of Private Teaching Institutes and Teaching Schools) #
(1) The name of a private teaching institute shall be indicated with “private teaching institute” attached after its unique name.
(2) The name of a teaching school shall be indicated with teaching subjects and “teaching school” attached after its unique name.
[This Article Newly Inserted on Dec. 20, 2016]
[Previous Article 15-2 moved to Article 15-5 <Dec. 20, 2016>]
Article 15-3(Keeping of Ledgers or Documents) #
A founder and operator of a private teaching institute, an operator of a teaching school, and a private tutor shall keep and manage ledgers or documents regarding the operation of private teaching institutes, etc., or teaching, as prescribed by Ordinance of the Ministry of Education.
[This Article Newly Inserted on Dec. 20, 2016]
Article 15-4(Training for Founders and Operators of Private Teaching Institutes, etc.) #
A superintendent of education may establish and implement plans to train founders, operators, and instructors of private teaching institutes, and operators of teaching schools, if necessary to improve their capabilities as persons responsible for social education, as prescribed by Presidential Decree. In such cases, foreign instructors shall be provided with training at least once after entering the Republic of Korea, to help them adapt to Korean culture and improve their capabilities as persons responsible for social education.
[This Article Newly Inserted on Dec. 20, 2016]
Article 15-5(Disclosure of Information) #
(1) A superintendent of education shall disclose the tuition fees, etc. registered with or reported to the superintendent of education, in accordance with the classification by the type of private teaching institute, teaching course, a local office of education, or Si (including the administrative cities prescribed in Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu, on the websites, etc. of the metropolitan and provincial offices of education, in order to guarantee the public’s right to know and to improve transparency in the operation of private teaching institutes and teaching schools. <Amended by Jul. 24, 2015>
(2) The scope of disclosure of information pursuant to paragraph (1) shall be determined by the Presidential Decree, including the name and location of a private teaching institute or a teaching school, teaching courses, teaching subjects, maximum number of students allowed, teaching period, teaching hours, and tuition fees, etc.
[This Article Newly Inserted on Jul. 25, 2011]
[Moved from Article 15-2 <Dec. 20, 2016>]
Article 16(Guidance and Supervision, etc.) #
(1) A superintendent of education shall provide appropriate guidance and supervision to ensure the sound development of private teaching institutes, and the integrity of teaching provided by teaching schools and by private tutors.
(2) A superintendent of education may determine teaching hours at a private teaching institute for school curriculum, a teaching school, or a private tutor within the scope determined by ordinance of the competent City/Do, considering potential effects thereof on lessons given by schools, students’ health, etc. In such cases, the superintendent of education shall hear the opinions of parents, relevant organizations, etc. <Amended on May 29, 2016>
(3) Where deemed necessary, a superintendent of education may require a founder and operator of a private teaching institute or an operator of a teaching school to report such matters as facilities, equipment, tuition fees, etc., regarding tuition, compliance with the provisions of Articles 53, 53-3, and 53-5 of the Road Traffic Act, and all kinds of statistical data, or require a relevant public official to enter the relevant facilities to inspect the facilities, equipment, books, or other documents, and may issue an order to improve facilities or equipment, or other necessary orders. <Amended on Jul. 25, 2011; Feb. 3, 2015; May 26, 2020>
(4) A superintendent of education may, where deemed necessary, verify various reported matters, such as private tutors’ tuition fees, etc. or take other necessary measures. <Amended on Jul. 25, 2011>
(5) The relevant public official who enters and inspects facilities pursuant to paragraph (3) shall carry a certificate indicating his or her authority and present it to interested persons.
(6) A superintendent of education may establish and operate a report center for illegal private education under his or her jurisdiction to receive and process reports on unregistered or unreported lessons, excessive collection of tuition fees, etc. and other matters in violation of this Act, and may grant a reward to a person who reports such violations as prescribed by Presidential Decree. <Newly Inserted on Jul. 25, 2011>
[This Article Wholly Amended on Dec. 21, 2007]
Article 17(Administrative Dispositions) #
(1) Where a private teaching institute falls under any of the following subparagraphs, the superintendent of education may cancel the registration or order suspension of teaching of all or part of teaching curriculum by specifying a period of not more than one year: Provided, That where it falls under subparagraph 1, he or she shall cancel the registration: <Amended on Jul. 25, 2011; Feb. 3, 2015; May 29, 2016; Dec. 20, 2016; Apr. 18, 2023>
1. Where its registration referred to in Article 6 was made by fraud or other improper means;
2. Where a private teaching institute for school curriculum with lodging facilities fails to meet the standards referred to in Article 6 (2);
3. Where it fails to meet the facility standards referred to in Article 8;
4. Where it fails to commence operation after two months from the scheduled date of operation without good cause;
5. Where its operation is suspended for two consecutive months or more without good cause;
6. Where it makes changes to registered matters without registering such changes, or otherwise operates improperly;
7. Where it collects tuition fees, etc. in violation of Article 15 (4);
8. Where it violates the order to adjust tuition fees, etc. issued under Article 15 (6);
8-2. Where it indicates its name in violation of Article 15-2 (1);
9. Where it places an exaggerated or false advertisement to recruit students;
10. Where it violates this Act or an order issued under this Act;
11. Where it operates a school bus for children in violation of Article 53 (3) of the Road Traffic Act (including cases where it fails to report under Article 52 of the same Act) and a child dies or sustains a serious bodily injury prescribed by Ordinance of the Ministry of Education while on board (including while getting on and off the school bus for children) due to a traffic accident that has occurred during such operation;
12. Where a case of child abuse, defined in subparagraph 7 of Article 3 of the Child Welfare Act, against a student is confirmed: Provided, That this shall not apply where the founder and operator of a private teaching institute was not negligent in giving due attention and supervision to prevent child abuse.
Article 18(Refund, etc. of Tuition Fees, etc.) #
(1) Where students cannot continue to take lectures, or an institute's registration is canceled or a teaching school is closed down, the founder and operator of such private teaching institute or the operator of such teaching school shall take measures necessary to protect students, such as providing a refund of tuition fees, etc. that he or she has received from the students. <Amended on Jul. 25, 2011>
(2) Reasons for the refund of tuition fees, etc. referred to in paragraph (1), the amount of refund, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
Article 19(Closure, etc. of Private Teaching Institutes, etc.) #
(1) A superintendent of education may close a private teaching institute or a teaching school or suspend teaching, etc. thereof, in any of the following cases: <Amended on Dec. 19, 2017; Dec. 18, 2018>
1. Where any person establishes and operates a private teaching institute or a teaching school without registering or reporting pursuant to Article 6 (1) or 14 (1);
2. Where a superintendent of education ex officio cancels any registered or reported matter pursuant to Article 10 (2) or 14 (11);
3. Where a founder and operator of a private teaching institute, or an operator of a teaching school, who was issued with a disposition of teaching suspension pursuant to Article 17, continues to teach or provide facilities for education;
4. Where a disposition of canceling the registration of a private teaching institute or closing a teaching school is issued pursuant to Article 17.
(2) A superintendent of education may order the relevant public officials to conduct any of the following measures to close a private teaching institute or a teaching school, or to suspend teaching, etc. as prescribed in paragraph (1): <Newly Inserted on Dec. 19, 2017>
1. Removing the signboards or other marks of the relevant private teaching institute or teaching school, or installing facilities to restrict access by students;
2. Affixing a notice informing that the relevant private teaching institute or teaching school has not been registered or reported, or has received an administrative disposition under Article 17.
(3) The measures referred to in paragraph (1), where possible, shall be taken to the minimum extent necessary to achieve the purposes thereof.
(4) A public official who takes measures referred to in paragraph (1) shall carry a certificate indicating his or her authority and present it to interested persons.
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Dec. 19, 2017]
Article 20(Hearings) #
Where a superintendent of education intends to take any of the following measures, he or she shall hold a hearing:
1. Cancellation of registration of a private teaching institute referred to in Article 17 (1);
2. An order to close down a teaching school referred to in Article 17 (2).
[This Article Wholly Amended on Dec. 21, 2007]
Article 21(Delegation and Entrustment of Authority) #
(1) Part of the authority of a superintendent of education provided for in this Act may be delegated to the head of a district office of education as prescribed by Presidential Decree. <Amended on Dec. 21, 2007>
(2) Deleted. <Jan. 26, 2012>
(3) A superintendent of education may entrust some of the business affairs concerning the implementation of training plans for founders, operators, and instructors of private teaching institutes, and operators of teaching schools referred to in Article 15-4 to an institution or juristic person related to private teaching institutes or teaching schools as prescribed by Presidential Decree. <Amended on Dec. 21, 2007; Dec. 20, 2016>
[Title Amended on Dec. 21, 2007]
Article 22(Penalty Provisions) #
(1) Any of the following persons shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won: <Amended on Mar. 28, 2008; Jul. 25, 2011; May 29, 2016>
1. A person who has founded or operated without registration under Article 6;
2. A person who has made registration referred to in Article 6 by fraud or other improper means;
3. A person who has founded and operated a teaching school without filing a report pursuant to Article 14 (1) or after making a report by fraud or other improper means;
4. A person who has given extracurricular lessons without a report pursuant to Article 14-2 (1), or after making a report by fraud or other improper means.
(2) Any person who has provided lessons in violation of Article 3 shall be punished by imprisonment without labor for not more than one year or a fine not exceeding ten million won. <Amended on Mar. 28, 2008; May 29, 2016>
(3) Any person who refuses, obstructs or evades the removal of signboards or marking or the installations of restrictive facilities, or who removes or destroys the notices without permission, as referred to in the subparagraphs of Article 19 (2), shall be punished by a fine not exceeding two million won: <Amended on Mar. 28, 2008; Dec. 19, 2017>
[This Article Wholly Amended on Dec. 21, 2007]
Article 23(Administrative Fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 28, 2008; Jul. 25, 2011; May 29, 2016; Dec. 20, 2016; Dec. 19, 2017; Dec. 18, 2018; Mar. 23, 2021>
1. A person who fails to take safety measures as referred to in Article 4 (3);
1-2. A person who fails to display a certificate of registration, in violation of Article 6 (4);
2. A person who fails to report as referred to in Article 10 (1) or 14 (9);
3. A person who fails to post a notice containing personal information, such as the instructor’s age, academic background, major, and career, pursuant to Article 13 (2);
3-2. A person who employs a foreign instructor without verification as referred to in Article 13-2;
4. A person who fails to post or present a certificate of report in violation of Article 14 (5) or 14-2 (5);
5. A person who fails to apply for the re-issuance of a certificate of report within one month from the date on which the grounds referred to in Article 14 (6) or 14-2 (6) arise;
6. Deleted; <May 29, 2016>
6-2. A person who fails to issue a receipt referred to in Article 15 (1);
6-3. A person who fails to attach a sign referred to in Article 14-2 (10);
7. A person who fails to indicate, post, or announce tuition fees, etc. and the refund thereof in violation of Article 15 (3), or indicates, posts, or announces false tuition fees, etc. in violation of paragraph (4) of the same Article;
7-2. A person who collects tuition fees, etc. in violation of Article 15 (4);
7-3. A person who fails to comply with an order to adjust tuition fees, etc. referred to in Article 15 (6);
7-4. A person who fails to keep or manage ledgers or documents in violation of Article 15-3;
8. A person who fails to make a report referred to in Article 16 (3) or makes a false report;
9. A person who refuses, obstructs, or evades access and inspection by a relevant public official pursuant to Article 16 (3);
10. A person who fails to refund tuition fees, etc. as referred to in Article 18.
Article 24(Exclusion from Application) #
@Articles 4 (3), 5, 7, 8, and 16 (2) shall not apply to the private teaching institutes which provide distance education pursuant to subparagraph 1 of Article 2. <Amended on Dec. 20, 2016>
[This Article Newly Inserted on Jul. 25, 2011]