Article 1(Purpose) #
The purpose of this Act is to improve the status of teachers and promote the development of education by treating teachers with honor, giving better treatment to teachers and consolidating the guarantee of their status and the protection of their educational activities. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 14, 2008]
Article 2(Honorable treatment of teachers) #
(1) The State, local governments, and other public organizations shall endeavor to create an environment where teachers may be engaged in educational activities while earning respect from the society and feeling a sense of great pride and duty.
(2) The State, local governments, and other public organizations shall pay special attention to ensure that the authority of teachers is respected when they educate and guide students.
(3) The State, local governments, and other public organizations shall, in any event, etc., held under their auspices, give teachers favorable treatment. <Amended on Feb. 3, 2016>
(4) Except as provided in paragraphs (1) through (3), matters necessary for the honorable treatment of teachers shall be prescribed by Presidential Decree. <Added on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 14, 2008]
Article 3(Favorable treatment of teachers in remuneration) #
(1) The State and local governments shall specially treat teachers with favorable remuneration.
(2) Any school foundations and private school managers under Article 2 of the Private School Act shall maintain the remunerations of teachers of the schools established and operated by them on the same level with those of teachers of national and public schools.
[This Article Wholly Amended on Mar. 14, 2008]
Article 4(Teachers’ privilege not to be arrested) #
No teacher shall be arrested in a school without consent of the head of the school to which he or she belongs, except where he or she is a flagrant offender.
[This Article Wholly Amended on Mar. 14, 2008]
Article 5(Protection from school accidents) #
(1) The School Safety Management Mutual Aid Association shall be established and operated to protect teachers and students from accidents that may occur during the installation and management of educational facilities and educational activities at various levels of schools, thereby ensuring that teachers perform their duties undisturbed.
(2) Matters concerning the School Safety Management Mutual Aid Association shall be separately prescribed by statutes.
[This Article Wholly Amended on Mar. 14, 2008]
Article 6(Guarantee of teachers’ status) #
(1) No teacher shall take a leave of absence, or be demoted or dismissed from office against his or her will without imposition of sentence, disciplinary action or any grounds prescribed by statutes.
(2) No teacher shall receive any disadvantage in his or her status such as disciplinary action or any discrimination in work conditions without good cause because he or she has filed a report or accusation of acts of corruption which occurred in relation with the operation of the relevant school, acts corresponding thereto, facts of misconduct, etc. with the relevant administrative agency, investigation agency, etc.
(3) Where a teacher is reported for a child abuse crime under Article 2(4) of the Act on Special Cases concerning the Punishment of Child Abuse Crimes, the appointing authority shall not take a disposition of suspension from office unless there is a compelling reason not to do so. <Added on Sept. 27, 2023>
[This Article Wholly Amended on Mar. 14, 2008]
Article 7(Establishment of Appeal Commission for Educators) #
(1) An Appeal Commission for Educators shall be established in the Ministry of Education (hereinafter referred to as the "Appeal Commission"), in order to conduct appeal examinations of disciplinary action and other unfavorable dispositions imposed on teachers at various levels of schools against their will (including any disposition to refuse the reappointment of a teacher under Article 11-4(4) of the Educational Officials Act and Article 53-2(6) of the Private School Act; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Jan. 27, 2016>
(2) The Appeal Commission shall consist of at least nine but up to 12 members, including one Chairperson, and the Chairperson and the members, the number of which is prescribed by Presidential Decree shall serve as full-time members. <Amended on Dec. 13, 2019>
(3) With regard to the members of the Appeal Commission organized under paragraph (2), the number of members who were or are teachers shall not exceed 1/2 of the total number of members. <Added on Dec. 13, 2019>
(4) Matters necessary for the organization of the Appeal Commission shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2019>
[This Article Wholly Amended on Mar. 14, 2008]
Article 8(Qualification and appointment of members) #
(1) Members of the Appeal Commission (including the Chairperson; hereinafter the same shall apply) shall be appointed by the President upon the recommendation of the Minister of Education from among the following persons: <Amended on Mar. 23, 2013; Dec. 3, 2019>
1. Current or former judges, prosecutors, or attorneys-at-law with at least five years’ experience;
2. Current or former teachers with at least 10 years’ educational career;
3. Current or former public officials of at least Grade III or members in general service of the Senior Executive Service in the educational administrative agencies;
4. Executive officers of corporations or private school managers who establish and operate private schools;
5. Persons who are recommended by the school teachers’ organization established in the central government under Article 15(1) of the Framework Act on Education.
6. A person employed for the position of an associate professor or higher, teaching law at a university.
(2) The terms of office of the members of the Appeal Commission shall be three years, and they may be reappointed only once.
(3) The Chairperson and full-time members of the Appeal Commission shall not concurrently hold another office prescribed by Presidential Decree.
(4) Where the term of office of a member expires, he or she shall continuously perform his or her duties until his or her successor is appointed. <Added on Dec. 27, 2022>
[This Article Wholly Amended on Mar. 14, 2008]
Article 8-2(Grounds for disqualification of members) #
(1) None of the following persons shall become a non-public official member of the Appeal Commission:
1. A person falling under any subparagraph of Article 33 of the State Public Officials Act;
2. A member of a political party under the Political Parties Act;
3. A person registered as a candidate in an election held pursuant to the Public Official Election Act.
(2) Where a non-public official member falls under any subparagraph of paragraph (1), he or she shall automatically retire.
[This Article Added on Apr. 23, 2019]
Article 8-3(Guarantee of status of members) #
No member of the Appeal Commission shall be dismissed from office against his or her will unless he or she becomes unable to conduct his or her duties due to mental weakness for a long time.
[This Article Added on Apr. 23, 2019]
Article 8-4(Legal fiction as public officials for purposes of penalty provisions) #
A non-public official member of the Appeal Commission shall be deemed a public official for purposes of applying Articles 127 and 129 through 132 of the Criminal Act.
[This Article Added on Apr. 23, 2019]
Article 9(Request for examination of appeal) #
(1) Where a teacher is dissatisfied with disciplinary action or any other unfavorable disposition against his or her will, he or she may request the Appeal Commission to examine his or her appeal within 30 days after he or she is informed of such action or disposition. In such cases, the teacher requesting the examination of his or her appeal may assign an attorney-at-law as his or her representative.
(2) Where a teacher is removed, discharged, or dismissed from office against his or her will, a successor shall not be appointed until the Appeal Commission makes a final decision on such disposition; provided, where no request for the examination of an appeal is made within the period referred to in paragraph (1), a successor may be appointed at the expiration of the period.
[This Article Wholly Amended on Mar. 14, 2008]
Article 10(Decision on examination of appeal) #
(1) The Appeal Commission shall make a decision on a request for the examination of any appeal within 60 days after receiving it; provided, if deemed essential, the Appeal Commission may, by resolution, extend the period by an additional 30 days.
(2) The Appeal Commission shall make decisions according to the following classifications: <Amended on Apr. 23, 2019>
1. Where a request for examination is unlawful, the Appeal Commission shall dismiss the request without prejudice;
2. Where the Appeal Commission deems a request for examination groundless, it shall dismiss the request;
3. Where the Appeal Commission deems a request for examination seeking the cancellation or modification of a disposition to have a good ground, it shall cancel or modify the disposition or order the person having disposition authority to cancel or modify the disposition;
4. Where the Appeal Commission deems a request for examination seeking the confirmation of effectiveness or non-effectiveness or existence or non-existence of a disposition to have a good ground, it shall confirm the effectiveness or non-effectiveness or existence or non-existence of the disposition;
5. Where the Appeal Commission deems a request for examination seeking the performance of a duty against an unlawful or unjust disposition of refusal or omission to have a good ground, it shall take a disposition as requested or order to take a disposition without delay.
(3) The person having disposition authority shall take remedial measures in accordance with the purpose of the decision under paragraph (1) (hereinafter referred to as "remedial measures") within 30 days from the date he or she is served on a written decision of the Appeal Commission and shall submit the results thereof to the Appeal Commission. <Added on Mar. 23, 2021>
(4) Against a decision made by the Appeal Commission under paragraph (1), any party (excluding public organizations), such as a teacher, or a school foundation, a private school manager, or other entity as defined in Article 2 of the Private School Act, may each file a suit pursuant to the Administrative Litigation Act within 30 days from the date a written decision is served on him or her. <Amended on Mar. 23, 2021>
(5) If an administrative suit is not filed within the period referred to in paragraph (4), the decision shall be final and conclusive. <Added by Mar. 23, 2021>
(6) Necessary matters relating to the examination procedures including a request for, examination of, and decision on the examination of an appeal, shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2021>
[This Article Wholly Amended on Mar. 14, 2008]
[Title Amended on Mar. 23, 2021]
Article 10-2(Effects of decisions) #
Decisions by the Appeal Commission shall be binding on persons having disposition authority. In such cases, the effect of such decisions shall not be suspended by any administrative litigation filed pursuant to Article 10(4).
[This Article Added on Mar. 23, 2021]
[Previous Article 10-2 moved to Article 10-5 <Mar. 23, 2021>]
Article 10-3(Order for remedy) #
Where a person having disposition authority fails to take remedial measures even after the elapse of a reasonable period, the Minister of Education, the superintendent of education, or the head of the relevant central administrative agency shall order the person having disposition authority to take remedial measures, in writing, within a specified period for compliance.
[This Article Wholly Amended on Mar. 23, 2021]
Article 10-4(Charges for compelling compliance) #
(1) Where a person having disposition authority fails to comply with an order for remedy issued under Article 10-3 (hereafter in this Article referred to as "order for remedy"), the Minister of Education, the superintendent of education, or the head of the relevant central administrative agency shall impose a charge for compelling compliance not exceeding 20 million won on the person having disposition authority.
(2) The imposition of charge for compelling compliance pursuant to paragraph (1) shall be made in writing specifying the amount of the charge for compelling compliance, grounds for imposition, payment deadline, receiving institution, methods of raising an objection, agency to which an objection may be raised, etc.
(3) The criteria for imposition of charges for compelling compliance under paragraph (1), procedures for return of charges for compelling compliance that have already imposed and collected, and other necessary matters shall be prescribed by Presidential Decree.
(4) The Minister of Education, the superintendent of education, or the head of the relevant central administrative agency may impose and collect the charge for compelling compliance provided for in paragraph (1) repeatedly within the limit of two times per year from the date when it issues the first order for remedy, until the order for remedy is complied with. In this case, such charge for compelling compliance shall not be imposed and collected for more than two years.
(5) If the person having disposition authority who is subject to the order for remedy has complied with the order, the Minister of Education, the superintendent of education, or the head of the relevant central administrative agency shall not impose an additional charge for compelling compliance, but he or she shall collect such charge for compelling compliance already imposed before the order for remedy is complied with.
(6) Where a person liable to pay a charge for compelling compliance fails to pay the charge for compelling compliance by the deadline for payment, the Minister of Education, the superintendent of education, or the head of the relevant central administrative agency shall urge him or her to pay the charge for compelling compliance within a fixed period; and where he or she fails to pay the charge for compelling compliance required under paragraph (1) within the fixed period, the charge for compelling compliance may be collected in the same manner as delinquent national taxes.
[This Article Added on Mar. 23, 2021]
Article 10-5(Exclusion of, challenge to, or refrainment by member) #
(1) Where a member of the Appeal Commission falls under any of the following subparagraphs, he or she shall be excluded from the examination and decision-making of the relevant appeal case:
1. Where a member or his or her spouse or former spouse becomes a party to the relevant appeal case;
2. Where a member is or was in kinship with a party to the relevant appeal case or such party's agent;
3. Where a member gives testimony, or conducts a test or appraisal as to the relevant appeal case;
4. Where a member is or was involved in the relevant appeal case as an agent of a party to the relevant appeal case;
5. Where a member is involved in a disposition, which is subject to a request for the relevant appeal examination.
(2) Where a party to a case is in a situation in which it is difficult to expect an impartial examination or decision-making from a member of the Appeal Commission, he or she may request challenge against such member. In such cases, the Appeal Commission shall determine whether to accept the request for challenge by decision.
(3) No member against whom a request for challenge is filed pursuant to paragraph (2) shall participate in the resolution of the Appeal Commission on the request for challenge.
(4) Where a member of the Appeal Commission falls under any of the grounds under paragraph (1) or (2), he or she may voluntarily refrain from the examination or decision-making of the appeal case.
[This Article Added on Apr. 23, 2019]
[Moved from Article 10-2 <Mar. 23, 2021>]
Article 11(Negotiation and consultation for improvement of teachers’ status) #
(1) The school teachers’ organization under Article 15(1) of the Framework Act on Education shall negotiate and consult with the superintendent of education of the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province (hereinafter referred to as "City/Do") or with the Minister of Education in order to develop teachers' expertise and improve their status. <Amended on Mar. 23; Feb. 3, 2016>
(2) The superintendent of education of each City/Do (hereinafter referred to as the "superintendent of education") or the Minister of Education shall engage in the negotiations and consultation under paragraph (1) in good faith and shall endeavor to comply with the agreements. <Amended on Mar. 23; Feb. 3, 2016>
[This Article Wholly Amended on Mar. 14, 2008]
Article 12(Matters subject to negotiation and consultation) #
Matters concerning the improvement of treatment, conditions of employment, welfare programs, and development of expertise of teachers shall be subject to the negotiation and consultation under Article 11(1); provided, the curricula and matters concerning the management and operation of educational institutions and educational administrative agencies may not be subject to any negotiation or consultation.
[This Article Wholly Amended on Mar. 14, 2008]
Article 13(Establishment of teachers' status improvement council) #
(1) In order to deliberate on issues subject to negotiation or consultation at the request of either party in the course of the negotiation or consultation under Article 11(1), teachers' status improvement councils shall be established in the Ministry of Education and in each City/Do, respectively; and the council in the Ministry of Education shall be composed of not more than seven members, while the councils in Cities/Dos shall be composed of not more than five members; provided, a half of all members, excluding the chairperson, shall be recommended by each school teachers' organization. <Amended on Mar. 23; Feb. 3, 2016>
(2) Matters necessary for the operation of teachers' status improvement councils and the qualification and appointment of their members shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 14, 2008]
Article 14(Formulation and implementation of comprehensive plans for protection of educational activities of teachers) #
(1) The State, local governments, and other public organizations shall cooperate with teachers so that they can perform educational activities smoothly.
(2) The Minister of Education shall formulate and implement a comprehensive plan for the protection of educational activities of teachers (hereinafter referred to as "comprehensive plan") every 5 years in consultation with the heads of related central administrative agencies in order to efficiently promote policies for the protection of educational activities of teachers. <Added on Sep. 27, 2023>
(3) A comprehensive plan shall include the following matters: <Amended on Sep. 27, 2023>
1. Objectives and strategies for the protection of teachers' educational activities;
2. Matters concerning the investigation and management of acts infringing on educational activities and protective measures for teachers;
3. Matters concerning guidance on life of young children and students related to the protection of educational activities;
4. Matters concerning the mediation of disputes related to educational activities, legal counseling for teachers, and litigation support, including the appointment of attorneys;
5. Matters concerning the investigation and management of civil complaints against, etc. teachers;
6. Other matters deemed necessary for the protection of teachers' educational activities.
(4) Where it is necessary to modify a comprehensive plan due to changes in the conditions of educational activities of teachers, etc., the Minister of Education may modify the comprehensive plan in consultation with the heads of relevant central administrative agencies; provided, this shall not apply where he or she modifies insignificant matters prescribed by Presidential Decree. <Added on Sep. 27, 2023>
(5) Where the Minister of Education formulates or modifies a comprehensive plan pursuant to paragraphs (2) and (4), he or she shall notify the heads of relevant central administrative agencies and the superintendents of education thereof without delay. <Added on Sep. 27, 2023>
(6) The Minister of Education may request cooperation from the heads of relevant central administrative agencies, superintendents of education, or the heads of relevant institutions or organizations, if necessary for the formulation and implementation of a comprehensive plan. In such cases, the heads of the requested central administrative agencies, superintendents of education, or the heads of relevant institutions or organizations shall comply therewith unless there is a compelling reason not to do so. <Added on Sept. 27, 2023.>
(7) The Minister of Education shall submit to the National Assembly every year a report on the current status, performance, etc. of the implementation of the comprehensive plan under paragraph (2) each year. <Added on Sep. 27, 2023>
(8) Other matters necessary for the formulation and implementation of a comprehensive plan, submission of reports, etc. shall be prescribed by Presidential Decree. <Amended on Sep. 27, 2023>
[This Article Added on Feb. 3, 2016]
[Title Amended on Sep. 27, 2023]
Article 15(Formulation and implementation of implementation plans) #
(1) The superintendent of education shall formulate and implement an annual implementation plan for the protection of educational activities of teachers (hereinafter referred to as "implementation plan") within his or her jurisdiction in accordance with the comprehensive plan under Article 14(2).
(2) When the superintendent of education has formulated an implementation plan pursuant to paragraph (1), he or she shall submit it to the Minister of Education without delay.
(3) Other matters necessary for establishing, implementing, etc. an implementation plan shall be prescribed by Presidential Decree.
[This Article Added on Sep. 27, 2023]
[Previous Article 15 moved to Article 20 <Sep. 27, 2023>]
Article 16(Fact-finding survey) #
(1) The Minister of Education and the superintendents of education may conduct fact-finding surveys on acts of the infringement on educational activities under Article 19, protective measures for victimized teachers under Article 20(1), and measures taken against students and their guardians, etc. who have committed acts infringing on educational activities under Articles 25 and 26, in order to strengthen the protection of teachers' educational activities. <Amended on Sept. 27, 2023>
(2) Where necessary to conduct a fact-finding survey under paragraph (1), the Minister of Education and the superintendent of education may request the head of the relevant school, the head of the relevant institution or organization, etc. to submit relevant data. In such cases, upon receipt of such request, the head of the relevant school, the head of the relevant institution or organization, etc. shall comply therewith, except in extenuating circumstances. <Amended on Sep. 27, 2023>
(3) Matters necessary for the details, scope, procedures, etc. of fact-finding surveys under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Sep. 27, 2023>
[This Article Added on Apr. 16, 2019]
[Moved from Article 16-2; previous Article 16 moved to Article 27 <Sep. 27, 2023>]
Article 17(Submission of opinions by superintendents of education on child abuse) #
(1) Where a teacher's legitimate guidance on the daily life of young children under Article 21-3(1) of the Early Childhood Education Act or a teacher's legitimate guidance on student life under Article 20-2(1) of the Elementary and Secondary Education Act is reported as a child abuse crime under Article 2(4) of the Act on Special Cases concerning the Punishment of Child Abuse Crimes, and an inquiry or investigation is conducted with respect to the teacher under the jurisdiction of a superintendent of education, the superintendent of education shall promptly submit an opinion on the matter to the relevant City/Do, Si/Gun/Gu (referring to autonomous Gu), or investigative agency.
(2) Necessary Matters concerning the deadline, methods, procedures, etc. for submitting opinions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Sep. 27, 2023]
[Previous Article 17 moved to Article 29 <Sep. 27, 2023>]
Article 18(Establishment and operation of Teachers' Authority Protection Committee) #
(1) A Teachers' Authority Protection Committee (hereinafter referred to as the "City/Do Teachers' Authority Protection Committee") shall be established in the City/Do Offices of Education to deliberate on the following matters concerning the protection of teachers' educational activities in kindergartens under the Early Childhood Education Act and schools under the Elementary and Secondary Education Act (hereinafter referred to as "schools of high school level and below"): <Amended on Sep. 27, 2023>
1. Establishment of an implementation plan under Article 15;
2. Mediation of disputes that have not been resolved by a Regional Teachers' Authority Protection Committee under paragraph (2);
3. Other matters the superintendents of education deem necessary to be deliberated by City/Do committees for the protection of teachers educational activities.
(2) A Regional Teachers' Authority Protection Committee (hereinafter referred to as "Regional Teachers' Authority Protection Committee") shall be established in an office of education support under Article 34 of the Local Education Autonomy Act and Article 80 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (or, if no office of education support exists, an institution prescribed by the ordinance of the relevant City/Do; hereinafter the same shall apply) to deliberate on the following matters concerning the protection of teachers' educational activities in schools of high school level and below: <Amended on Sep. 27, 2023>
1. Preparation of educational activity disruption standards and formulation of preventive measures;
2. Measures against students disrupting educational activities under each subparagraph of Article 25(2);
3. Measures against guardians, etc., who have disrupted teachers' educational activities, as prescribed in the subparagraphs of Article 26(2);
4. Mediation of disputes related to the educational activities of teachers;
5. Other matters that the head of a district office of education deems necessary for deliberation by a Regional Teachers' Authority Protection Committee to protect teachers' educational activities.
(3) Other necessary matters concerning the establishment and operation of a City/Do Teachers' Authority Protection Committee and a Regional Teachers' Authority Protection Committee shall be prescribed by Presidential Decree. <Amended on Sep. 27, 2023>
[This Article Added on Apr. 16, 2019]
[Moved from Article 19; previous Article 18 moved to Article 25 <Sep. 27, 2023>]
Article 19(Infringement of educational activities) #
The term "acts of infringement on educational activities" in this Act means any of the following acts committed by a student enrolled in a school of high school level or below, or by the student's guardian (referring to a person with parental authority, a legal guardian, or any other person legally obligated to support the student; hereinafter the same shall apply) against a teacher engaged in educational activities:
1. Any of the following crimes:
a. Criminal acts falling under Part 2, Chapter VIII (Crimes of Obstruction of Official Duties), Chapter XI (Crimes of False Accusation), Chapter XXV (Crimes of Injury and Violence), Chapter XXX (Crimes of Intimidation), Chapter XXXIII (Crimes Against Honor), Article 314 (Obstruction of Business), or Chapter XLII (Crimes of Destruction and Damage) of the Criminal Act;
b. A sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment of Sexual Crimes;
c. Circulation of unlawful information under Article 44-7(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection;
d. Other crimes subject to criminal punishment prescribed by other Acts, which Infringe on the educational activities of teachers;
2. Any of the following acts that unfairly interferes with or restricts teachers' educational activities:
a. Repeatedly raising civil petitions for which purpose is not justified;
b. Continuously coercing a teacher to perform duties that are not legally required of them;
c. Other Acts determined and publicly notified by the Minister of Education.
[This Article Added on Sep. 27, 2023]
[Previous Article 19 moved to Article 18 <Sep. 27, 2023>]
Article 20(Protective measures for victimized teachers) #
(1) The supervisory authority of a school of high school level or below (referring to the Minister of Education in the case of national schools of high school level or below, and the superintendent of education in the case of public and private schools of high school level or below; hereinafter referred to as the "competent authority") and the principal of the relevant school shall take the following necessary measures (hereinafter referred to as "protective measures") to heal and restore the authority of a teacher who has been victimized by an act of infringement on educational activities (hereinafter referred to as the "victimized teacher") immediately upon becoming aware of such act of infringement on educational activities: <Amended on Sep. 27, 2023>
1. Psychology counseling and advice;
2. Medical treatment and convalescence for medical treatment;
3. Other measures necessary for the treatment and restoration of teachers’ authority.
(2) The competent authority and the principal of a school of high school level or below shall immediately separate the perpetrator from the victimized teacher (hereinafter referred to as "separation measures") upon becoming aware of an act of infringement on educational activities, unless there is a compelling reason not to do so, such as the teacher's objection. In such cases, if the separated perpetrator is a student, an alternative educational method shall be devised and implemented. <Amended on Sep. 27, 2023>
(3) When the principal of a school of high school level or below takes measures under paragraph (1) or (2), they shall promptly report the details of an act of infringement on educational activities and the results of the measures taken to the competent authority, and in cases of serious matters prescribed by Presidential Decree, the superintendent of education shall immediately report them to the Minister of Education. <Amended on Apr. 16, 2019; Dec. 10, 2019; Sep. 27, 2023>
1. Deleted. <Sep. 27, 2023>
2. Deleted. <Sep. 27, 2023>
(4) The competent agency in receipt of a report under paragraph (3) may file a complaint with the competent investigative agency if it deems that an act of infringement on educational activities falls under the criminal punishment provisions of the relevant Acts. <Added on Apr. 16, 2019; Sep. 27, 2023>
(5) The costs required for protective measures for the victimized teacher shall be borne by the guardian of a student who committed an act of infringement on educational activities; provided, if the victimized teacher or the principal of the school of high school level or below requests, the competent authority may cover the costs for the prompt treatment of the victimized teacher and exercise the right to reimbursement. <Added on Apr. 16, 2019; Sep. 27, 2023>
(6) Necessary matters concerning the compelling reasons and methods, period, and place of separation measures under paragraph (2), as well as the scope and procedures for cost-bearing and the right to reimbursement for protective measures under paragraph (5), shall be prescribed by Presidential Decree. <Added on Apr. 16, 2019; Sep. 27, 2023>
[This Article Added on Feb. 3, 2016]
[Title Amended on Sep. 27, 2023]
[Moved from Article 15; previous Article 20 moved to Article 33 <Sep. 27, 2023>]
Article 21(Organization and operation of legal aid team) #
(1) The superintendent of education shall organize and operate a legal aid team consisting of legal experts, such as attorneys-at-law, to provide counseling services to the relevant teachers in the event that school violence under subparagraph 1 of Article 2 of the Act on the Prevention of and Countermeasures against Violence in Schools or a dispute over educational activities arises. <Amended on Sep. 27, 2023>
(2) Matters necessary for the organization and operation of legal aid teams under paragraph (1) shall be prescribed by Decree of the Ministry of Education or by educational regulations of Cities/Dos.
[This Article Added on Apr. 16, 2019]
[Moved from Article 14-2; previous Article 21 moved to Article 34 <Sep. 27, 2023>]
Article 22(Mutual aid business for the protection of teachers) #
(1) The superintendent of education may operate and manage mutual aid business (hereinafter referred to as "mutual aid business for the protection of teachers") to protect teachers from various disputes, lawsuits, etc. related to educational activities.
(2) The scope of mutual aid programs for the protection of teachers shall include the following matters: <Amended on Jan. 31, 2025>
1. Support for compensation for damages arising from teachers' educational activities and assistance in exercising the right to reimbursement (excluding cases where the teacher has acted with intent or gross negligence);
2. Support for expenses incurred due to infringement on educational activities, such as injury, counseling, or psychological therapy (including cases where support for counseling or psychological therapy is provided after the teacher returns to work following sick leave or a leave of absence caused by the infringement on educational activities), and protection services when the teacher is under threat;
3. Support for civil or criminal litigation costs related to legal disputes arising from a teacher's legitimate educational activities.
(3) The superintendent of education may entrust the operation of mutual aid projects for the protection of teachers to a school safety mutual aid association, etc. under Article 15 of the Act on the Prevention of and Compensation for Accidents at School, and may implement such projects by entrusting the operation thereof to the school safety mutual aid association, etc. In such cases, the superintendent of education shall fully collect the opinions of the teachers under his or her jurisdiction.
(4) Other matters necessary for the management and operation of mutual aid business for the protection of teachers shall be prescribed by Presidential Decree.
[This Article Added on Sep. 27, 2023]
[Previous Article 22 moved to Article 35 <Sep. 27, 2023>]
Article 23(Special leave) #
A victimized teacher may take special leave as prescribed by the Minister of Education. <Amended on Sep. 27, 2023.>
[This Article Added on Apr. 16, 2019]
[Moved from Article 14-3 <Sep. 27, 2023>]
Article 24(Education for prevention of acts of infringement on educational activities) #
(1) The head of each school up to and including high school level shall provide school personnel, students, and protectors of students with education to prevent acts of infringement on educational activities at least once each year.
(2) The head of each school up to and including high school level may entrust the organization, operation, etc. of educational programs under paragraph (1) to specialized organizations or experts.
(3) The head of each school up to and including high school level shall post the plans for organizing and operating educational programs under paragraph (1) on the school’s website so as to allow easy access for school personnel, students, and their protectors, and endeavor to inform the parents of students thereof in various ways.
(4) Other matters necessary for the provision, etc. of education to prevent acts of infringement on educational activities shall be prescribed by Presidential Decree.
[This Article Added on Apr. 16, 2019]
[Moved from Article 16-3 <Sep. 27, 2023>]
Article 25(Measures against students infringing educational activities) #
(1) When the principal of a school of high school level or below becomes aware that a student has committed an act of infringement on educational activities, they shall notify a Regional Teachers' Authority Protection Committee. <Added on Sep. 27, 2023>
(2) When a Regional Teachers' Authority Protection Committee becomes aware of an act of infringement on educational activities under paragraph (1) and Article 28, it shall request the head of a district office of education to take any of the following measures against the student who committed the act of infringement on educational activities (hereinafter referred to as the "infringing student"); provided, expulsion shall not apply to students in compulsory education courses: <Amended on Apr. 16, 2019; Sep. 27, 2023>
1. Service at school;
2. Community service;
3. Completion of special education or psychotherapy provided by experts inside or outside school;
4. Suspension of attendance;
5. Change of classes;
6. Transfer to another school;
7. Expulsion from school.
(3) The head of a district office of education shall ensure that a student subject to the measures under paragraph (2), subparagraphs 4 through 6, completes special education or receives psychological treatment at an institution designated by the superintendent of education pursuant to Article 17(3) of the Act on the Prevention of and Countermeasures against School Violence; provided, the measure under paragraph (2), subparagraph 6, shall be implemented prior to special education or psychological treatment. <Added on Apr. 16, 2019; Sep. 27, 2023>
(4) The head of a district office of education may require a student subject to the measures under paragraph (2), subparagraphs 1 and 2, to receive special education or psychological treatment at an institution designated by the superintendent of education pursuant to Article 17(3) of the Act on the Prevention of and Countermeasures against School Violence. <Added on Apr. 16, 2019; Sep. 27, 2023>
(5) The head of a district office of education shall require the guardian of the student to participate in the special education or psychological treatment prescribed under paragraphs (2) through (4). In such cases, the guardian shall receive special education together with the student. <Amended on Apr. 16, 2019; Sep. 27, 2023>
(6) A Regional Teachers' Authority Protection Committee shall follow appropriate procedures, such as providing the relevant student or guardian with an opportunity to present their opinion, before requesting the head of a district office of education to take any of the measures under paragraph (2). <Added on Apr. 16, 2019; Sep. 27, 2023>
(7) The head of a district office of education shall take the relevant measures within 14 days from the date of receiving the request under paragraph (2). In such cases, the principal of the school of high school level or below shall cooperate in implementing the measures. <Amended on Sep. 27, 2023>
(8) The head of a district office of education shall notify the infringing student and their guardian of the measures taken under paragraph (2), and if the infringing student refuses or evades the measures, a Regional Teachers' Authority Protection Committee may request the head of a district office of education to impose additional measures under paragraph (2)4 through 7. <Added on Sep. 27, 2023>
(9) Where a student of a school of each level at or below the high school level commits an act violating educational activities that constitutes a crime under Chapter 25 of Part 2 of the Criminal Act (Crimes of Injury and Violence) or a sexual violence crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes, and the head of the school deems that urgent measures are necessary to protect the victimized teacher, he or she may first impose the measures under paragraph (2)1 and 3 through 5, respectively or simultaneously. In such cases, the head of the school shall immediately report to the Local Committee for Protection of Educational Authority and obtain its ratification. <Added on Feb. 19, 2026>
(10) Where the head of a school of each level at or below the high school level imposes the measure under paragraph (2)4 pursuant to paragraph (9), the period of such measure may be determined as the period until the Local Committee for Protection of Educational Authority decides on a measure. <Added on Feb. 19, 2026>
(11) Where the head of a school of each level at or below the high school level takes a measure under paragraph (9), he or she shall notify the student who committed the violation and his or her guardian of such measure; and where the student refuses or evades the measure, the head of the school may discipline the student under Article 18 of the Elementary and Secondary Education Act. <Added on Feb. 19, 2026>
(12) Before taking a measure under paragraph (2)4 or 5 pursuant to paragraph (9), the head of a school of each level at or below the high school level shall undergo appropriate procedures, such as providing the relevant student or his or her guardian with an opportunity to state an opinion. <Added on Feb. 19, 2026>
(13) Where a student who committed a violation has received a measure under paragraph (2)1 through 3, has received special education or psychological treatment under paragraphs (3) and (4), or has received a measure under paragraph (2)1 or 3 pursuant to paragraph (9), the head of the school may, if he or she deems it appropriate, include the relevant absence in the number of days of attendance. <Added on Apr. 16, 2019; Sep. 27, 2023; Feb. 19, 2026>
(14) A student or his or her guardian who has an objection to a measure taken by the head of an office of education under paragraph (2) may file an administrative appeal as prescribed by the Administrative Appeals Act. <Amended on Sep. 27, 2023; Feb. 19, 2026>
(15) Other matters necessary for the standards for application, procedures, etc. for each measure shall be prescribed by Presidential Decree. <Added on Apr. 16, 2019; Sep. 27, 2023; Feb. 19, 2026>
[This Article Added on Feb. 3, 2016]
[Title Amended on Sep. 27, 2023]
[Moved from Article 18 <Sep. 27, 2023>]
Article 26(Measures against guardians for infringement on educational activities) #
(1) When the principal of a school of high school level or below becomes aware that guardians, etc. of a student has committed an act of infringement on educational activities, he or she shall notify a Regional Teachers' Authority Protection Committee.
(2) Where a Regional Committee for the Protection of Teachers' Rights becomes aware of an act of infringement on educational activities pursuant to paragraph (1) and Article 28, it may request the head of a district office of education to take any of the following measures against the guardian, etc. who committed the act of infringement on educational activities:
1. Submission of a written apology and a pledge to prevent recurrence;
2. Completion of special education or psychotherapy at an institution designated by the superintendent of education.
(3) A Regional Teachers' Authority Protection Committee shall follow appropriate procedures, such as providing the relevant guardians, etc. or guardian with an opportunity to present their opinion, before requesting the head of a district office of education to take any of the measures under paragraph (2).
(4) The head of a district office of education shall take the relevant measures within 14 days from the date of receipt of a request under paragraph (2).
[This Article Added on Sep. 27, 2023]
Article 27(Prohibition of downplaying or concealing acts of infringement on educational activities) #
(1) The principal of each school below the high school level shall not downplay or conceal any act of infringement on educational activities. <Amended on Apr. 16, 2019; Sep. 27, 2023>
(2) The competent authority shall not use information reported under Article 20(3) as negative information for the purpose of evaluating the performance, etc. of the relevant school or the principal of the relevant school. <Amended on Apr. 16, 2019; Sep. 27, 2023>
(3) Where an act of infringement on educational activities occurs within the jurisdiction of the superintendent of education, and the principal of the relevant school or an affiliated teacher attempts to downplay or conceal the act of infringement on educational activities while reporting its progress and outcome, the superintendent of education shall request a disciplinary resolution from the disciplinary committee under Article 50 of the Educational Officials Act and Article 62 of the Private School Act. <Added on Sep. 27, 2023>
[This Article Added on Feb. 3, 2016]
[Moved from Article 16 <Sep. 27, 2023>]
Article 28(Obligation to report on acts of infringement of educational activities) #
(1) Any person who witnesses or becomes aware of an infringement on educational activities shall immediately report it to the school or relevant institutions.
(2) An institution that receives a report under paragraph (1) shall notify the student who committed the infringement, their guardian, etc., and the principal of the affiliated school.
(3) The principal of a school in receipt of notification under paragraph (2) shall notify a Relevant Regional Committee for the Protection of Teachers' Authority without delay.
(4) No person shall give any disadvantage to a person who has reported an act of infringement of educational activities pursuant to paragraph (1) on the grounds of such reporting.
[This Article Added on Sep. 27, 2023]
Article 29(Designation of Educational Activity Protection Centers) #
(1) The competent authority may designate an institution or organization that meets the requirements prescribed by Presidential Decree, such as having professional personnel and facilities, as an Educational Activity Protection Center to prevent an act of infringement on educational activities and to support teachers in need of psychological recovery, including assistance for mental harm suffered by victimized teachers. <Amended on Sep. 27, 2023>
(2) The competent authority may subsidize all or part of the expenses incurred in operating an Educational Activity Protection Center under paragraph (1) within the budgetary limits. <Amended on Sep. 27, 2023>
[This Article Added on Feb. 3, 2016]
[Title Amended on Sep. 27, 2023]
[Moved from Article 17 <Sep. 27, 2023>]
Article 29-2(Implementation of projects for mental health promotion of teachers) #
(1) A superintendent of education shall endeavor to carry out the following projects (hereinafter referred to as "mental health promotion projects") to promote the smooth execution of educational activities and mental health of teachers:
1. Support for mental health counseling, assessment, and medical treatment costs;
2. Operation of programs for prevention, treatment, and rehabilitation of mental illness;
3. Operation of counseling and psychotherapy programs related to mental health;
4. Protection of rights of persons subject to mental health promotion projects and elimination of prejudice within the organization;
5. Other projects the superintendent of education deems necessary to promote mental health of teachers.
(2) The superintendent of education may entrust all or part of the mental health promotion projects to medical institutions prescribed by Presidential Decree. In such cases, the superintendent of education may provide administrative and financial support to the entrusted medical institutions for implementation of the mental health promotion projects.
(3) The superintendent of education may establish a cooperative system, such as entering into agreements with the medical institutions under paragraph (2), to promote mental health of teachers.
[This Article Added on Mar. 18, 2025]
Article 30(Prohibition of disclosure of confidential information) #
(1) Any person who performs or has performed duties related to infringement on educational activities, a City/Do Committee for the Protection of Educational Activities, or a Regional Committee for the Protection of Educational Activities under this Act shall not disclose any confidential information learned in the course of duty, including materials related to the perpetrator of an act of infringement on educational activities and the victimized teacher.
(2) The specific scope of confidential information referred to in paragraph (1) shall be prescribed by Presidential Decree.
(3) Meetings of a City/Do Committee for the Protection of Educational Activities and a Regional Committee for the Protection of Educational Activities shall not be disclosed; provided, when a victimized teacher, infringing student, or the guardian of such student requests access to or a copy of the meeting minutes, the minutes shall be disclosed, excluding personal information such as the name, resident registration number, and address of the student and their family, as well as the names of committee members.
[This Article Added on Sep. 27, 2023]
Article 31(Fact-finding survey on teachers' working conditions) #
(1) The competent authority shall conduct a fact-finding survey every 3 years to ascertain the actual state of the work environment of teachers working in islands and remote areas defined in Article 2 of the Act on the Promotion of Education in Islands and Remote Areas.
(2) Necessary matters relating to the details, scope, procedures, etc. of surveys on actual conditions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Dec. 10, 2019]
[Moved from Article 18-2 <Sep. 27, 2023>]
Article 32(Special cases for the Local Education Autonomy Act) #
The head of a district office of education may be delegated to perform duties related to the protection of teachers' educational activities in high schools, measures against an infringing student or their guardians, etc. and dispute mediation concerning teachers' educational activities under this Act, notwithstanding Article 35 of the Local Education Autonomy Act.
[This Article Added on Sep. 27, 2023]
Article 33(Delegation of authority) #
The Minister of Education may delegate part of his or her authority under this Act to the superintendents of education and the heads of affiliated institutions, as prescribed by Presidential Decree. <Amended on Mar. 23, 2021>
[This Article Added on Feb. 3, 2016]
[Moved from Article 20 <Sep. 27, 2023>]
Article 34(Penalty provisions) #
Any of the following persons shall be punished by imprisonment with labor for up to 1 year or by a fine not exceeding 10 million won:
1. A person who fails to comply with a decision on examination of appeal that became final and conclusive pursuant to Article 10(5) or through administrative litigation;
2. A person who discloses confidential information or materials learned in the course of duty, in violation of Article 30(1).
[This Article Wholly Amended on Sep. 27, 2023]
[Moved from Article 21 <Sep. 27, 2023>]
Article 35(Administrative fines) #
(1) A guardian etc. who fails to complete special education under Article 25(5) or Article 26(2)2 or refuses to participate in psychotherapy without a compelling reason shall be subject to an administrative fine not exceeding 3 million won. <Amended on Sep. 27, 2023>
(2) The competent authority shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree.
[This Article Added on Apr. 16, 2019]
[Moved from Article 22 <Sep. 27, 2023>]