Article 59(Reasons for temporary leave) #
(1) If a private school teacher desires to take a temporary leave for any of the following reasons, the person authorized to appoint the teacher may order him or her to take a temporary leave; provided, in cases falling under subparagraphs 1 through 4 and 11, the person authorized to appoint the teacher shall order him or her to take a temporary leave regardless of his or her will, and in cases falling under subparagraphs 7 and 7-2, the person authorized to appoint the teacher shall order him or her to take a temporary leave if he or she wishes to do so:
1. Where he or she needs long-term recuperation due to any physical or mental disability (including where he or she needs to undergo long-term treatment due to infertility or subfertility);
2. Where he or she is drafted or called for military service under the Military Service Act;
3. Whether he or she is alive or dead, or his or her whereabouts are unknown due to an act of God, wartime, calamity, or other causes;
4. Where he or she deserts his or her duties to perform other duties prescribed in other statutes;
5. Where he or she studies overseas to obtain a degree, or conducts research or takes training in a foreign country for at least one year;
6. Where he or she is temporarily employed by an international organization, a foreign institution, a domestic or foreign university, a research institute, a State agency, an overseas national education institution (refers to overseas national education institutions defined under subparagraph 2 of Article 2 of the Act on the Educational Support for Korean Nationals Residing Abroad) or a civil organization determined by the articles of association;
7. Where he or she needs a temporary leave to raise a child of not older than eight years of age or not higher than second-grade of an elementary school or a female teacher becomes pregnant or gives birth to a baby;
7-2. Where he or she adopts a child or juvenile under 19 years of age (excluding a child for which parental leave is permitted under subparagraph 7);
8. Where he or she receives training in a domestic research institute or an educational institute, etc., designated by the Minister of Education;
9. Where he or she needs a temporary leave to nurse his or her parents, spouse, children, or parents of his or her spouse who need long-term recuperation due to an accident, disease, etc.;
10. Where his or her spouse needs to work in a foreign country or falls under subparagraph 5;
11. Where he or she works full-time for a teachers' union established under Article 5 of the Act on the Establishment and Operation of Teachers' Unions;
12. Where a teacher whose period of serving as a teacher is at least 10 years pursuant to the calculation under Article 31 of the Pension for Private School Teachers and Staff Act initiates activities, such as study and research, for his or her self-development;
13. Where other reasons prescribed by the articles of association exist.
(2) The period of temporary leave taken for the reason prescribed in paragraph (1) 7 shall be up to three years for each child and may be divided, and the period of temporary leave taken for the reason prescribed in subparagraph 7-2 of that paragraph shall not exceed six months for each adopted child.
(3) No person authorized to appoint teachers shall accord unfavorable treatment with respect to the personnel matters of the teachers on the grounds of temporary leave under paragraph (1) 7 or 7-2; the period of temporary leave under that subparagraph shall be counted in the length of his or her service; and other matters necessary for the status, treatment, etc. of persons who take a temporary leave under that subparagraph shall be prescribed by Presidential Decree.
(4) Except as provided in paragraphs (1) through (3), the period of temporary leave and the status, treatment, etc. of those who take a temporary leave shall be prescribed by the articles of association (in cases of private school managers, referring to the rules on the status guarantee of teachers and disciplinary actions determined by them; hereafter in this Section, the same shall apply).
[This Article Wholly Amended on Dec. 22, 2020]
[Enforcement Date: Mar. 25, 2022]