Article 1(Purpose) #
The purpose of this Act is to simplify the procedures necessary for execution of projects to establish, relocate, and expand elementary, middle, high, and special school facilities, to prescribe special cases relating to building permission, etc., and to facilitate school facilities projects, thereby contributing to the improvement of the educational environment and the enhancement of education quality.
[This Article Wholly Amended on Dec. 21, 2007]
Article 2(Definitions) #
The definitions of terms used in this Act shall be as follows:
1. "School facilities" means any of the following facilities:
a. Sites of school buildings, playgrounds and practice areas;
b. School buildings, gymnasiums, dormitories and school meal facilities;
c. Other facilities prescribed by Presidential Decree, which are installed primarily for the purpose of learning support;
2. "School facilities project" means any project designed to install, relocate or expand school facilities.
[This Article Wholly Amended on Dec. 21, 2007]
Article 3(Scope of application) #
Schools to which this Act applies (hereinafter referred to as "school") shall be elementary, middle, high, and special schools.
[This Article Wholly Amended on Dec. 21, 2007]
Article 4(Approval of execution plan for school facilities project) #
(1) Any person who intends to undertake a school facilities project (except the State and a local government) shall, as prescribed by Presidential Decree, prepare a plan to execute the school facilities project (hereinafter referred to as "execution plan") by including the site of execution, scale, and financial resources of the project in the plan and obtain approval from the supervisory agencies referred to in Article 6 of the Elementary and Secondary Education Act (hereinafter referred to as "supervisory authority"); provided, this shall not apply to any execution plan, when construction, building, substantial repair or alteration of use (hereinafter referred to as the "construction, etc.") is intended for school facilities within the school facilities project execution site that has passed the completion inspection referred to in Article 13(2) upon completion of the school facilities project.
(2) Any person who intends to modify an execution plan approved under the main sentence of paragraph (1) shall obtain the supervisory authority's approval for modification; provided, the this shall not apply where any minor matter determined by Presidential Decree is modified.
(3) In approving execution plans or modifications to such plans under paragraph (1) or (2), a supervisory authority shall in advance consult with the heads of the competent administrative agencies that have jurisdiction over the matters referred to in each subparagraph of Article 5, as prescribed by Presidential Decree.
(4) In executing a school facilities project, the State or a local government shall prepare the execution plan and consult in advance with the heads of the competent administrative agencies that have jurisdiction over the matters referred to in each subparagraph of Article 5, as prescribed by the Presidential Decree; provided, this shall not apply to any execution plan, when construction, etc. of school facilities is intended on a school facilities project execution site where the school facilities project has been already completed.
(5) Matters to be included in execution plans referred to in paragraphs (1) and (4) shall be determined by Presidential Decree.
(6) Where a supervisory authority intends to approve an execution plan or any modification thereto under paragraph (1) or (2) or where the State or a local government intends to prepare execution plans under paragraph (4), it shall hear opinions of the interested parties, such as the land owner, when there are land, buildings and other fixtures on the land within the relevant execution site, or rights other than the ownerships thereof, which are needed to be expropriated or utilized under Article 10.
Article 5(Relation with other Acts) #
Where a person who intends to execute a school facilities project has obtained approval of execution plans or approval for any modification to such plans under Article 4(1) or (2), or has completed a consultation under paragraph (4) of the same Article, the following determination, permission, authorization, approval, designation, agreement, consultation, report, or cancellation shall be deemed obtained or made: <Amended on Mar. 21, 2008; Dec. 31, 2008; Jun. 9, 2009; May 31, 2010; Apr. 14, 2011; Jan. 14, 2014; Dec. 27, 2022>
1. Determination of urban and Gun management planning referred to in Article 30 of the National Land Planning and Utilization Act;
2. Permission for development acts referred to in Article 56 of the National Land Planning and Utilization Act, designation of the project executor for the urban and Gun planning facility project referred to in Article 86 of the same Act, and preparation and authorization of the execution plan for the urban and Gun planning facility project referred to in Article 88 of the same Act;
3. Permission for road construction works by a person other than a road management office under Article 36 of the Road Act, permission to occupy a road by a person other than the road management office under Article 61 of the same Act, and consultation with or approval by the road management office on national projects under Article 107 of the same Act;
4. Execution permission for construction of the public sewerage system referred to in Article 16 of the Sewerage Act;
5. Permission for activities in the park area as referred to in Article 23 of the Natural Parks Act and consultation on a state project as referred to in Article 71(1) of the same Act;
6. Permission for diversion of the use of farmlands under Article 34(1) of the Farmland Act;
7. Permission for and reports on conversion of use of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act, permission for and reports on temporary use of mountainous districts under Article 15-2 of the same Act, permission for and reports on the cutting of standing trees, etc. under Article 36(1) and (5) of the Creation and Management of Forest Resources Act, permission for and reports on activities conducted in forest conservation zones (excluding forest genetic resources protection zones) under Article 9(1) and (2)1 and 2 of the Forest Protection Act, and cancellation of designation of forest conservation zones under Article 11(1)1 of the same Act;
Article 5-2(Construction of school facilities) #
(1) When a person who has obtained approval of an execution plan or approval for modifications to such plan under the main sentence of Article 4(1) or Article 4(2) intends to implement the construction, etc. of school facilities, he or she shall obtain approval of or report it to a supervisory authority as prescribed by Presidential Decree, notwithstanding the provisions of Articles 11 and 14 of the Building Act. The same shall also apply where he or she intends to implement the construct, etc. of school facilities under the proviso to Article 4(1). <Amended on Mar. 21, 2008>
(2) When a supervisory authority receives a report referred to in paragraph (1), it shall review the report, and accept it if the report complies with this Act. <Added on Jan. 22, 2020>
(3) When a supervisory authority has granted approval under paragraph (1) or received a report under paragraph (2), it shall notify the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/ Gu") of the matters concerned. <Amended on Dec. 22, 2020>
(4) When the State or a local government intends to perform the construction, etc. of school facilities, it shall notify the head of a Si/Gun/Gu of the matters concerned, notwithstanding the provisions of Article 29(1) of the Building Act. <Amended on Mar. 21, 2008; Dec. 22, 2020>
(5) Where the State, a local government, or a supervisory authority notifies the head of a Si/Gun/Gu of matters concerning the construction, etc. of school facilities under paragraph (3) or (4), it shall be deemed that building permission has been granted or a building report has been filed under Article 11 or 14 of the Building Act, or that consultation with the head of the Si/Gun/Gu has been held under Article 29(1) of the Building Act. Where a person who intends to conduct a school facility business intends to construct a school facility within a site where the school facility business has already been completed, if a notification is made under paragraph (3) or (4), permission for the construction of a building within a restricted development zone under the proviso of Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones shall be deemed to have been granted. <Amended on Mar. 21, 2008; Dec. 22, 2020; Nov. 11, 2025>
(6) With respect to school facilities for which building permission or building report is deemed to have been granted or filed or consultation is deemed to have been conducted under paragraph (5), a supervisory authority shall grant permission, etc. in accordance with the same provisions, notwithstanding the provisions of Articles 16, 17, 20 (1), (2), and (3) (including the construction of temporary school buildings that are temporary school facilities), 21 (1), 25, 27, and 79 of the Building Act, and Article 30 of the Building Management Act. <Amended on Mar. 21, 2008; Dec. 22, 2020; Apr. 18, 2023>
Article 6(Consultation on activities conducted within school facilities) #
When administrative agencies of various levels, after approval (referring to consultation in the case of the State or a local government; hereinafter the same shall apply) of execution plans has been obtained under Article 4, intend to implement any of the following projects within school facilities (including a scheduled site for school facilities for which the execution plan has been approved under Article 4) or to approve such projects or take any other disposition, they shall consult with the supervisory authority of the school concerned:
1. Installation of roads, water-supply systems, sewerages, waterways, and fixtures thereon;
2. Excavation of the ground, reclamation, and other changes in the form and quality of the land.
[This Article Wholly Amended on Dec. 21, 2007]
Article 7(Priority given to construction of public facilities) #
When execution plans referred to in Article 4 have been approved, an administrative agency in charge of public facilities determined by Presidential Decree, such as roads, water-supply systems, sewerages, shall give priority to the installation of public facilities related to school facilities projects within its budget limits to ensure such projects are smoothly implemented.
[This Article Wholly Amended on Dec. 21, 2007]
Article 8(Entry to and exit from land) #
(1) Any person who has obtained approval of execution plans referred to in Article 4 (hereinafter referred to as "project operator") may enter third parties' land or use it temporarily in order to execute school facilities project and, if necessary, may change or eliminate standing trees, earth and rocks, or other obstacles thereon.
(2) The provisions of Article 130 of the National Land Planning and Utilization Act shall apply mutatis mutandis to paragraph (1).
[This Article Wholly Amended on Dec. 21, 2007]
Article 9(Compensation for losses) #
(1) When any person has suffered a loss due to the activities referred to in Article 8, a project operator shall compensate him or her for such loss.
(2) The provisions of Article 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to compensation for loss referred to in paragraph (1).
[This Article Wholly Amended on Dec. 21, 2007]
Article 10(Expropriation and utilization) #
(1) Where a project operator requires land, buildings and other fixtures on the land within the relevant execution site or rights other than the ownerships thereof in order to execute the school facilities project, he or she may expropriate or use such land, buildings, other fixtures on the land, or rights other than the ownerships thereof.
(2) With regard to the expropriation or utilization referred to in paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply, except as otherwise provided in this Act.
(3) In applying the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects under paragraph (2), the approval of an execution plan shall be deemed the approval of a project referred to in Article 20(1) of the same Act, and the public notice under Article 4(7) shall be deemed the public notice stipulated in Article 22(1) and (2) of the same Act, and, notwithstanding the provisions of Articles 23(1) and 28(1) of the same Act, an application for adjudication shall be filed within a school facilities project execution period determined at the time when the execution plan is approved.
[This Article Wholly Amended on Dec. 21, 2007]
Article 11(Revocation of approval of execution plan) #
When a project operator (excluding a project operator which is the State or a local government) falls under any of the following cases, a supervisory authority may revoke approval granted under this Act or order modifications of the execution plan or other necessary measures:
1. Where the project executor has obtained approval under this Act by unjust means;
2. Where it is deemed that the execution of school facilities projects is impracticable to continue or is likely to be considerably delayed.
[This Article Wholly Amended on Dec. 21, 2007]
Article 11-2(Hearing) #
Where a supervisory authority intends to revoke approval of an execution plan under Article 11, it shall hold a hearing.
[This Article Wholly Amended on Dec. 21, 2007]
Article 12(Supervision) #
(1) If a supervisory authority deems it necessary to conduct supervision, it may request a project operator (excluding a project operator which is the State or a local government) or a person in charge of the construction, etc. of school facilities under the proviso to Article 4(1) to file a necessary report or order him or her to submit materials, or have public officials under its control inspect school facilities projects.
(2) Any public official who performs an inspection under paragraph (1) shall carry an identification that indicates his or her authority and present it to the party concerned.
[This Article Wholly Amended on Dec. 21, 2007]
Article 13(Completion inspection) #
(1) When a project operator (excluding a project executor which is the State or a local government) completes a school facilities project, he or she shall file a report thereon with a supervisory authority and be subject to an inspection of completion as prescribed by Presidential Decree, and any person who carries out the construction, etc. of school facilities under the proviso to Article 4(1) shall, when he or she completes it, obtain approval to use such school facilities from a supervisory authority.
(2) When a supervisory authority receives a report under the former part of paragraph (1), it shall perform an inspection of completion, and with respect to the school facilities which have passed an inspection of completion, it shall notify the results to the heads of the administrative agencies that have jurisdiction over the matters referred to in each subparagraph of Article 5 and the head of a Si/Gun/Gu and shall publicly notify such results. The supervisory authority shall, when it grants approval to use school facilities in accordance with the latter part of paragraph (1), issue a written approval to use the school facilities and then notify such fact to the heads of administrative agencies that have jurisdiction over the matters stipulated in each subparagraph of Article 5 and the head of a Si/Gun/Gu, respectively.
(3) When the State or a local government has completed school facilities projects, it shall notify matters with regard thereto to the heads of the administrative agencies that have the jurisdiction over the matters provided in each subparagraph of Article 5 and the head of a Si/Gun/Gu and shall publicly notify such results; provided, where the construction, etc. of school facilities is completed under the proviso to Article 4(1), it shall not publicly notify such matters.
(4) When a supervisory authority publicly notifies the results of a completion inspection or issues a written approval for use and serves a notice thereof under paragraph (2), the school facilities concerned shall be deemed to have passed an inspection for approval for use referred to in Article 22 of the Building Act, and when the State or a local government has notified matters concerning the completion of the school facilities project to the head of a Si/Gun/Gu under paragraph (3), a notice shall be deemed to have been served under the proviso to Article 29(3) of the Building Act. <Amended on Mar. 21, 2008>
(5) When the head of a Si/Gun/Gu has received notification under paragraph (2) or (3), he or she shall record it, without delay, in the building register or building control register referred to in building-related statutes.
Article 14(Rearrangement of graves) #
(1) If a supervisory authority deems it necessary to execute school facilities projects (where the State or a local government is the school facilities project operator, the supervisory authority refers to the project operator concerned; hereafter in this Article the same shall apply), it may order the interers, owners or managers of graves, etc. or the relatives of the buried (hereinafter referred to as "relatives, etc.") to relocate or move graves, tombstones, and facilities attached thereto (hereinafter referred to as "graves, etc.") within the execution site of the school facilities.
(2) When the relatives, etc. of graves, etc. referred to in paragraph (1) fail to comply with the order to relocate or move graves, etc., a supervisory authority may execute it vicariously as prescribed by the Administrative Vicarious Execution Act.
(3) In the case of paragraph (1), when the relatives, etc. of graves, etc. are unknown, a supervisory authority shall make public announcement ordering the moving or relocation of graves, etc. within a given period, and if the graves, etc. are not moved or relocated within the period, the supervisory authority may do so.
(4) A supervisory authority shall pay the person, who has relocated or moved graves, etc. in compliance with an order referred to in paragraph (1), for the expenses incurred in doing so.
(5) The cost of vicarious execution performed under paragraph (2), the cost of relocating or moving graves, etc. under paragraph (3), and the expenses referred to in paragraph (4) shall be borne by the project operator concerned.
(6) Project operators shall include plans for rearrangement of graves, etc. in the execution plan.
[This Article Wholly Amended on Dec. 21, 2007]
Article 15(Delegation of authority) #
The Minister of Education may delegate part of his or her authority referred to in this Act to superintendents of education, as prescribed by the Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
Article 16 #
Deleted. <Jan. 28, 2000>