ENFORCEMENT DECREE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT — 법갈피

Article 9(Matters to be specified in school regulations) #

(1) School regulations (hereinafter referred to as "school regulations") under Article 8 of the Act shall specify the following matters: <Amended on Jan. 29, 2005; Mar. 18, 2011; Apr. 20, 2012; Oct. 29, 2012; Feb. 25, 2020; Aug. 30, 2022>

1. The term of school years, academic years, semesters and holidays;

2. The organization of classes and the number of students;

3. Subjects, the number of school days and examinations, and recognition of completion of a course;

4. Admission, re-admission, transfer admission, transfer, academic leave, expulsion, completion of a course, and graduation;

5. Early promotion to a higher grade, early graduation, and granting qualifications for early admission to a school of higher grade;

6. Collection of tuition fees, admission fees, or other expenses;

7. Awarding and punishing students, methods of guidance necessary for educational purposes, and matters relating to students' school life such as preventing the interruption of education and protecting educational and research activities in a school;

8. The organization and operation of students' activities;

9. Amendment procedures of school regulations;

10. Other matters prescribed by statutes or regulations.

(2) Deleted. <Jan. 29, 2005>

(3) School regulations of a school which has established and manages the following schools, departments, courses or facilities shall include matters on their establishment, in addition to those referred to in each subparagraph of paragraph (1): <Amended on Feb. 15, 2013>

1. Annex schools under Article 5 of the Act;

2. Air and correspondence middle schools under Article 43-2 of the Act or air and correspondence high schools under Article 51 of the Act;

3. Departments under Article 48 of the Act;

4. Part-time or correspondence courses under Article 49 of the Act;

5. Dormitories.

(4) The head of a school shall, in advance, hear the opinions of students, parents, and teachers when establishing or amending school regulations relating to matters referred to in paragraph (1) 7 (excluding matters regarding preventing the interruption of education) through 9 as prescribed by school regulations and shall endeavor to reflect such opinions therein. <Added on Mar. 18, 2011; Apr. 20, 2012; Feb. 15, 2013; Aug. 30, 2022>

[Title Amended on Mar. 18, 2011]

Article 13-4(Procedures for educational statistics surveys and disclosure of result thereof) #

(1) Statistical surveys on education shall be classified into two types: regular surveys and occasional surveys.

(2) A regular survey shall be conducted on the basis of April 1 and October 1 of every year, and an occasional survey shall be conducted whenever the Minister of Education deems it necessary.

(3) The Minister of Education shall determine the guidelines for a statistical survey on education, including standardized classification system for survey, before the base date for a regular survey under paragraph (2) and shall notify the same to the relevant superintendent of education and the head of each school.

(4) The relevant superintendent of education and the head of each school shall prepare the materials under the guidelines for a statistical survey on education under paragraph (3) and submit such materials to the Minister of Education within 30 days from the survey base date pursuant paragraph (2).

(5) Where the materials submitted under paragraph (4) require modification and supplementation, the Minister of Education may request the relevant superintendent of education or the head of the relevant school to modify and supplement such materials.

(6) Upon completion of a statistical survey on education, the Minister of Education shall disclose its results in a manner widely accessible to the general public, such as posting those on the website of the Ministry of Education. <Amended on Sep. 22, 2020>

(7) The Minister of Education may establish and operate a system to integrate and connect information for educational statistics and then process, record and manage such information (hereinafter referred to as "statistical survey on education system") so as to collect and manage materials concerning educational statistics.

(8) The Minister of Education may exchange information and collaborate with international organizations, foreign governments, or foreign institutions, etc. to develop educational statistics.

(9) Matters necessary for a statistical survey on education other than those provided for in paragraphs (1) through (8) shall be prescribed by the Minister of Education.

[This Article Added on Jun. 20, 2017]

[Moved from Article 13-3; previous Article 13-4 moved to Article 13-5 <Feb. 25, 2020>]

Article 13-5(Preparation of education-related indices and predictive statistics) #

(1) The education-related indices and predictive statistics under Article 11-2 (2) of the Act (hereafter in this Article referred to as "education-related indices and predictive statistics") shall include the following:

1. Indices relating to students and graduates;

2. Indices relating to the teachers and staff of the schools;

3. Indices relating to educational conditions of schools;

4. Estimation of and forecast for the number of students;

5. Other education-related indices and predictive statistics deemed necessary by the Minister of Education for efficiently formulating, implementing, and evaluating elementary and secondary education policies.

(2) The Minister of Education shall formulate a plan necessary for preparing education-related indices and predictive statistics before preparing them. In such cases, the relevant plan shall include matters related to the development, calculation, management, utilization, disclosure, etc. of education-related indices and predictive statistics.

(3) When the Minister of Education prepares education-related indices and predictive statistics related to personal information, he or she shall compute them by gender so that the circumstances and characteristics of each gender can be known.

(4) Where the Minister of Education has prepared education-related indices and predictive statistics, he or she shall disclose the results thereof in a way that can be widely disseminated, such as posting on the website of the Ministry of Education.

(5) The Minister of Education and the superintendent of education shall utilize the indices and predictive statistics related to education as base data when formulating education policies or measuring the outcomes thereof.

(6) The Minister of Education may establish and operate an information system for efficiently managing and utilizing education-related indices and predictive statistics.

(7) Except as provided in paragraphs (1) through (6), matters necessary for preparing education-related indices and predictive statistics shall be determined by the Minister of Education.

[This Article Added on Sep. 22, 2020]

[Previous Article 13-5 moved to Article 13-6 <Sep. 22, 2020>]

Article 15(Making list of schoolchildren) #

(1) The head of an Eup/Myeon/Dong shall investigate children living in his or her jurisdiction as of October 1 every year who reach six years of age from January 1 to December 31 of the year (excluding those who are enrolled in school after entering an elementary school in the next year of the year in which the date of reaching five years of age falls pursuant to the former part of Article 13 (2) of the Act) and make a list of schoolchildren by October 31 of the year. In such cases, children excluded from a list of schoolchildren because they have requested admission deferral in the year in which the date of reaching six years of age falls pursuant to paragraph (3) shall be included therein. <Amended on May 27, 2008; Jun. 27, 2023>

(2) Any guardian of sons and daughters or children who seek admission to a school in the next year of the year in which the date of reaching five years of age falls shall file an application for early admission to a school with the head of an Eup/Myeon/Dong from October 1 to December 31 of the year in which the date of reaching five years of age falls, pursuant to the former part of Article 13 (2) of the Act. <Added on May 27, 2008; Jun. 27, 2023>

(3) Any guardian of sons and daughters or children who wish to enter a school in the next year of the year in which the date of reaching seven years of age falls shall file an application for admission deferral with the head of an Eup/Myeon/Dong from October 1 to December 31 of the year in which the date of reaching six years of age falls, pursuant to the former part of Article 13 (2) of the Act. <Added on May 27, 2008; Jun. 27, 2023>

(4) The head an Eup/Myeon/Dong who has received an application for early admission to a school pursuant to paragraph (2) or an application for admission deferral pursuant to paragraph (3) shall record children subject to early admission to a school in a list of schoolchildren, and exclude children subject to admission deferral from the list of schoolchildren. In such cases, the list of children subject to admission deferral shall be submitted to the head of the district office of education. <Added on May 27, 2008; Oct. 18, 2016>

(5) Where the head of an Eup/Myeon/Dong makes a list of schoolchildren pursuant to paragraph (1), he or she shall take necessary measures so that any child's guardian can inspect it for a specified period of not less than 10 days. <Amended on May 27, 2008>

(6) The head of an Eup/Myeon/Dong shall, if a prospective schoolchild on March 1 next year moves into his or her jurisdiction after the base date on which a list of schoolchildren referred to in paragraph (1) has been made, enter him or her without delay in a list of schoolchildren. <Amended on May 27, 2008>

(7) Matters necessary for the investigation and making a list of schoolchildren under the provisions of paragraphs (1) through (6) shall be determined by the superintendent of education. <Amended on Jan. 29, 2001; Feb. 1, 2007; May 27, 2008>

Article 19(Admission and transfer of students returning from overseas and multicultural students) #

(1) The guardian of any of the following children or students (hereafter in this Article referred to as "returning student, etc.") may apply for the admission or transfer of a returning student, etc. with the head of an elementary school in the school district where his or her residence is located, instead of taking the procedures for admission or transfer under Articles 17 and 21: <Amended on Dec. 27, 2010; Oct. 30, 2013>

1. A child or student who has returned to the Republic of Korea from a foreign country;

2. A child or student, being a child of a Korean national residing abroad;

3. A child or student, being a North Korean refugee as defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act;

4. A foreign child or student;

5. Other children or students who cannot take the procedures for admission or transfer under Articles 17 and 21 for the reason that he or she did not reside in the Republic of Korea before he or she is admitted or transfers to an elementary school, or has no school record in the Republic of Korea.

(2) The head of an elementary school who receives an application under paragraph (1) shall verify the details of the certificate of the entry into and departure from Korea, or of the certificate of an alien registration under Article 88 of the Immigration Act through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the guardian of a returning student, etc. does not consent to such verification, the head of the relevant school shall have him or her submit any of the following documents: <Added on Dec. 27, 2010>

1. A document that proves the entry into and departure from Korea or the alien registration;

2. A document that verifies his or her residence in Korea, such as a written lease contract or letter of guarantee from his or her neighbor.

(3) Children who have returned to the Republic of Korea from abroad may, notwithstanding paragraph (1), be admitted or transfer to elementary schools which have established special classes for returning students, as prescribed by the superintendent of education. <Amended on Dec. 27, 2010; Oct. 30, 2013>

(4) Children or students who are members of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act (hereinafter referred to as "multicultural students") may, notwithstanding Articles 17 and 21, be admitted or transfer to elementary schools which have established special classes for multicultural students, as prescribed by the superintendent of education. <Added on Oct. 30, 2013>

[Title Amended on Oct. 30, 2013]

Article 21(Procedures for change of schools at elementary schools) #

(1) Where any elementary school student intends to change schools due to a change of address, his or her guardian shall inform such fact to the head of the school which he or she attends and the head of the school designated by the head of the Eup/Myeon/Dong having jurisdiction over the area into which the relevant student moves as the school slated for his or her transfer, respectively. <Amended on Oct. 30, 2013; Oct. 18, 2016>

(2) Where the head of an Eup/Myeon/Dong designates a school slated for a student's transfer pursuant to paragraph (1), he or she shall, without delay, notify the head of the school slated for his or her transfer of such fact of the student's transfer. <Added on Oct. 18, 2016>

(3) The head of a school in receipt of a notification on the fact of a student's transfer from his or her guardian pursuant to paragraph (1), shall check the electronic data of resident registration under Article 30 (1) of the Resident Registration Act by sharing administrative information under Article 36 (1) of the Electronic Government Act to ascertain the change of address of the relevant student; provided, if the guardian of the relevant student fails to give consent to such ascertainment, he or she shall be required to submit a document substantiating the change of the address. <Added on Oct. 18, 2016>

(4) Where any electronic data of resident registration is shared by the head of a school pursuant to paragraph (3), fees therefor shall be exempted. <Added on Oct. 18, 2016>

(5) Where a student changes schools, the head of the school to which he or she transfers shall request the head of the school from which he or she transfers to transmit his or her school records (where there is no school record, any data made available in lieu thereof) and health record, and the head of the school from which he or she transfers shall transmit them. <Amended on Oct. 18, 2016>

(6) Where the head of an elementary school deems that it is necessary to change the educational environment for a student due to the student's misfit in his or her school life or for family reasons, he or she may request the student's transfer to the head of the district office of education with the consent of either of the student's guardians. In such cases, the head of the district office of education may, notwithstanding the provisions of paragraph (1), designate a school for transfer and allow the change of schools. <Amended on Oct. 18, 2016>

(7) Notwithstanding paragraph (6), where it is deemed difficult for a student to change schools with the consent of his or her guardian by falling under any of the following cases, the head of the elementary school may recommend the student's transfer to the head of the district office of education, following deliberation by the compulsory education management committee established under Article 25-2 (1). In such cases, the head of the district office of education may allow the student to change schools by designating a school slated for his or her transfer: <Added on Oct. 18, 2016>

1. Where adjudication of restriction on the exercise of parental authority or on the loss of parental authority against the person with parental authority is claimed under any other statute and there is no other guardian who will exercise parental authority or perform the duties of the guardian;

2. Where appointment of a guardian is claimed to the court under any other statute for the student who has no person with parental authority or guardian;

3. Where the replacement of the student's guardian is claimed to the court under any other statute by the student's guardian.

(8) In transferring a student to another school pursuant to paragraph (6) or (7), the head of an elementary school and the head of a district office of education shall manage and supervise in such a way that the fact of his or her changing schools may not be disclosed without good reasons to any other person than those related to the change of schools. <Added on Oct. 18, 2016>

(9) The head of an elementary school may acknowledge the period of absence caused by the transfer procedures under paragraph (6) or (7) as the period of attendance. <Added on Oct. 18, 2016>

Article 25(Urging, warning, and notification of school enrollment by heads of elementary schools and middle schools) #

(1) Where any child expected to be enrolled in a school or any student who is enrolled in a school falls under any of the following cases, the head of the relevant elementary school or middle school shall urge without delay his or her guardian or employer to have the relevant child or student be enrolled in or attend the school or warn him or her not to hinder the child or student from receiving compulsory education: <Amended on Oct. 18, 2016>

1. Where the child or student fails to be admitted or re-enrolled, transfer, or gain transfer admission to the school within two days from the scheduled date of admission, re-enrollment, transfer, or transfer admission to the school;

2. Where the child or student is absent from school for at least two consecutive days without any good cause;

3. Where the student is hindered from receiving compulsory education by his or her employer.

(2) Where necessary for urging pursuant to paragraph (1), the head of an elementary school or a middle school may visit the home of the relevant child or student or require his or her guardian to be present at the school. <Added on Oct. 18, 2016>

(3) Where the head of an elementary school or a middle school visits a home pursuant to paragraph (2), he or she may request the head of an Eup/Myeon/Dong having jurisdiction over the place of residence of the relevant child or student to accompany him or her; and if necessary, he or she may request cooperation from the head of the police station having jurisdiction over the place of residence of the relevant child or student. In such cases, the head of the Eup/Myeon/Dong or the head of the police station who receives such request shall render cooperation therefor actively, unless there is a compelling reason not to do so. <Added on Oct. 18, 2016; Oct. 2, 2018>

(4) Where any child expected to be enrolled in a school or any student who is enrolled in a school falls under any of the following cases, the head of the relevant elementary school or middle school shall notify the following matters to the head of the Eup/Myeon/Dong and the head of the district office of education having jurisdiction of the place of residence of the relevant child or student for an elementary school or to the head of the district office of education for a middle school, respectively: <Amended on Oct. 18, 2016>

1. Where the situation continues even three days after urging or warning pursuant to paragraph (1) or after urging or warning at least two times: The progress thereof;

2. Where there is any child or student whose address and actual place of residence are different from each other among the children or students falling under any subparagraph of paragraph (1): his or her name and resident registration number.

(5) The head of an elementary school or a middle school shall notify the guardian of a student whose school register is managed outside the maximum number of students pursuant to Article 29 (1) so that the student can attend school at any of the following times by not later than one month before reaching the relevant time: <Added on Oct. 18, 2016; Apr. 23, 2024>

1. In cases of a student whose obligation of school enrollment under Article 29 (1) 1 is postponed: When the period of postponement expires;

2. In cases of a student with long-term absence under Article 29 (1) 2: When a school year begins.

[Title Amended on Oct. 18, 2016]

Article 27-2(Establishment of organization exclusive for management of school enrollment) #

(1) In order to exercise overall control over the affairs related to the management of school enrollment of persons subject to school enrollment and to establish and operate a systematic cooperation system with institutions and organizations related to the protection of children, the superintendent of education and the head of a district office of education shall respectively establish an organization exclusive for the management of school enrollment under his or her jurisdiction, as prescribed by the related statutes and regulations, such as the Regulations on Administrative Organizations of Local Educational Administrative Agencies and Standards for the Prescribed Number of Their Personnel.

(2) Each organization exclusive for the management of school enrollment to be established under paragraph (1) under the jurisdiction of the superintendent of education and the head of a district office of education (hereinafter referred to as "exclusive organization") shall perform the following duties (matters prescribed in subparagraph 5 (d) shall be performed only by an exclusive organization established under the jurisdiction of the superintendent of education):

1. Identification of the status of persons subject to enrollment;

2. Fact-finding surveys of the status of fulfilling the obligation of school enrollment;

3. Checking and inspection of the status of urging to fulfill the obligation of school enrollment;

4. Checking of the operation status of the system for exemption and postponement of the obligation of school enrollment referred to in Article 14 of the Act and setting a direction for improvement;

5. Checking of whereabouts and safety of the following children or students, and management of their school enrollment:

(a) Children who have been notified as those subject to admission deferral under the latter part of Article 15 (4);

(b) Children or students concerning whom the progress of situation has been notified or reported pursuant to Article 25 (4) or 26 (4) for reasons of failing to attend school or long-term absence;

(d) Children or students concerning whom the progress of situation has been notified pursuant to Article 92-2 (2) for reasons of long-term absence, disenrollment, dropout or expulsion;

6. Other matters that the superintendent of education or the head of a district office of education deems necessary for the management of persons subject to school enrollment.

(3) Where the exclusive organization deems it necessary to perform the duties set forth in the subparagraphs of paragraph (2), the superintendent of education or the head of a district office of education may request cooperation from the following institutions and organizations:

1. The police station having jurisdiction over the place of residence of a person subject to school enrollment;

2. A support center for out-of-school youth under Article 12 (1) of the Act on the Support for Out-of-School Youth;

3. A specialized child protection agency under Article 45 of the Child Welfare Act.

(4) Except as provided in paragraphs (1) through (3), detailed matters necessary to organize and operate an exclusive organization shall be determined by the superintendent of education.

[This Article Added on Oct. 18, 2016]

Article 28(Exemption or postponement of obligation of school enrollment) #

(1) A guardian of a child or student who intends to be exempted from or be granted a postponement of the obligation of school enrollment pursuant to Article 14 of the Act, shall file an application for the exemption or postponement of the obligation of school enrollment with the head of the school in which the relevant child or student is to be or is enrolled.

(2) The head of a school in receipt of an application for exemption or postponement of the obligation of school enrollment pursuant to paragraph (1) shall determine whether to grant exemption or postponement of the obligation of school enrollment, following deliberation by the compulsory education management committee.

(3) Notwithstanding paragraph (1), if the guardian of a child or student is unable to apply for exemption or postponement of the obligation of school enrollment due to any extenuating circumstances, such as missing of the guardian of the child or student, the head of the school in which the relevant child or student is to be or is enrolled may identify the reasons therefor and determine whether to grant exemption or postponement of the obligation of school enrollment, following deliberation by the compulsory education management committee.

(4) The head of an elementary school or a middle school shall grant the exemption or postponement of the obligation of school enrollment pursuant to paragraph (2) or (3) only where the application thereof is filed because of illness or any unavoidable circumstances determined by the superintendent of education.

(5) Upon making a decision on the exemption or postponement of the obligation of school enrollment pursuant to paragraph (2) or (3), the head of an elementary school or a middle school shall notify the details thereof to the guardian, the head of Eup/Myeon/Dong, and head of the district office of education for an elementary school, or to the guardian, the head of the district office of education for a middle school, respectively; provided, the same shall not apply to a notification to a guardian, if it is impossible to notify the details due to missing of the guardian or for other relevant reasons.

(6) The period of postponement of obligation of school enrollment shall not exceed one year; provided, the obligation may be postponed again or the period of postponement may be extended in exceptional circumstances.

(7) Where a postponement is granted again or the period of postponement is extended pursuant to the proviso of paragraph (6), paragraphs (1) through (5) shall apply mutatis mutandis to the procedures for postponement.

[This Article Wholly Amended on Oct. 18, 2016]

Article 29(School register management for persons granted postponement) #

(1) The head of an elementary school or a middle school may manage the school register of any of the following students outside the maximum number of students, as prescribed by school regulations: <Amended on Oct. 18, 2016; Apr. 23, 2024>

1. A student whose obligation of school enrollment is postponed, after admission;

2. A student who has been absent for such a long term as at least one-third of the number of school days for the relevant school year without good reason;

3. Students who have notified the head of an elementary school or a middle school to the guardian of a student who has been absent from school under subparagraph 2 of this paragraph so that students who have been absent from school are able to attend school pursuant to Article 25 (5) 2 but have not continuously attended even after the commencement of the school year.

(2) Where any of the following persons intends to go back to school or to be enrolled in school, the head of an elementary school or a middle school may determine his or her academic year according to the results of assessment on the education completion by subject which is conducted by the Assessment Committee on the Early Promotion to Higher Grade, Early Graduation and Early Admission prescribed in Article 5 of the Regulations on Early Promotion to Higher Grade; provided, in cases of persons falling under any item of Article 98-2 (1) 3, where the superintendent of education has determined his or her academic year after undergoing the assessment and deliberation of the Academic Background Deliberative Committee referred to in paragraph (1) of that Article (hereinafter referred to as the "Academic Background Deliberative Committee"), the academic year so determined shall apply: <Amended on Nov. 28, 2017; Apr. 23, 2024>

1. Persons subject to compulsory education who have received a decision of exemption from or postponement of the obligation of school enrollment under Article 14 (1) of the Act;

2. Students on a supernumerary school register among those falling under paragraph (1) 2 and 3.

[Title Amended on Nov. 28, 2017]

Article 31(Discipline of students) #

(1) The head of a school may punish students falling under any of the following subparagraphs when he or she deems it necessary for education pursuant to the main clause of Article 18 (1) of the Act: <Amended on Mar. 18, 2011>

1. Services in the school;

2. Social services;

3. Completion of special education;

4. Suspension from attendance within 30 days per year, one time within 10 days;

5. Expulsion from school.

(2) When disciplining a student as referred to in paragraph (1), the head of a school shall punish the student in an educational manner so that the student's personality may be respected, and shall give him or her an opportunity to repent by applying the discipline type by stages depending upon the seriousness of the reason.

(3) When disciplining a student as referred to in paragraph (1), the head of a school shall consult with the student's guardian concerning the guidance for the student. <Added on Mar. 18, 2011>

(4) The superintendent of education shall prepare and operate educational methods necessary to educate students subject to discipline of special education and suspension from attendance under paragraph (1) 3 and 4, and shall take necessary measures such as securing teachers, facilities and equipment. <Amended on Mar. 18, 2011>

(5) An expulsion from school under paragraph (1) 5 shall be taken against students other than those in the course of compulsory education, who fall under any of the following subparagraphs: <Amended on Mar. 18, 2011>

1. A person who is deemed not to repent of his or her act because of his or her bad demeanor;

2. A person who is frequently absent from school without any justifiable reason;

3. Persons who violate school regulations.

(6) The head of a school may have a student do home study for a specified period before taking an expulsion from school. <Amended on Mar. 18, 2011>

(7) If the head of a school expels a student, he or she shall consult with the student and his or her guardian about a course of his or her life, and shall make efforts to introduce other schools or vocational training institutions in cooperation with the community. <Amended on Mar. 18, 2011>

(8) Deleted. <Jun. 27, 2023>

Article 31-4(Operation of discipline mediation committee) #

(1) The Chairperson shall call a meeting and be in the chair.

(2) Where the Chairperson calls a meeting, he or she shall notify all the members of the date and time, venue, and agenda in writing or by making use of information and communications media or such no later than five days prior to holding a meeting; provided, this shall not apply in an emergency.

(3) A meeting of the discipline mediation committee shall be held by attendance of a majority of all incumbent members including the Chairperson, and a decision shall be made with the approval of a majority of members present.

(4) The discipline mediation committee shall have one secretary who is to take charge of its affairs, and the Chairperson shall appoint the secretary from among public officials belonging to a City/Do Office of Education.

(5) Any of the following applies to a member, the member shall be excluded from the relevant case:

1. If he or she is or was in the relationship with a student expelled from school or his or her guardian;

2. If he or she is involved in the relevant measure of expulsion from school.

(6) An applicant may, when there is a fair reason to believe that any member is apt to make an unfair decision, report the fact in writing and apply for challenge, and the discipline mediation committee shall, when it has received an application for challenge, determine whether it will accept the application for challenge of the relevant member by its resolution.

(7) Where any member falls under a reason referred to in paragraph (5) or (6), he or she may avoid an examination or decision of the relevant case by himself or herself.

(8) Allowances and traveling expenses may be paid, within the budget, to members or specialists who have attended a meeting; provided, this shall not apply where a public official member attends a meeting in direct connection with his or her business.

(9) Except as provided in this Article, matters necessary for operation of the Committee and other matters shall be determined by the Chairperson through a resolution of the Committee.

[This Article Added on Feb. 22, 2008]

Article 42(Industrial-educational teachers) #

(1) Industrial-educational teachers, etc. referred to in Article 22 of the Act are classified into industrial-educational teachers, honorary teachers, specialized spoken English instructors, multicultural language instructors, and instructors, and the qualification standards are as stipulated in Appendix 2. <Amended on Aug. 18, 2009; Oct. 30, 2013>

(2) Industrial-educational teachers referred to in paragraph (1) shall be appointed by the head of a school in cases of a national or public school, and by a school foundation or the manager of a private school in cases of a private school, respectively; provided, in cases of a private school, the appointing authority may be delegated to the head of a school, as prescribed by the articles of association, etc. of the relevant school foundation. <Added on Aug. 18, 2009>

(3) The appointment of industrial-educational teachers under paragraph (2) shall be deliberated upon by the relevant school governance committee under Article 31 of the Act; provided, this shall not apply to schools having no school governance committee. <Amended on Aug. 18, 2009>

(4) Industrial-educational teachers may receive allowances within the budget. <Amended on Aug. 18, 2009>

(5) When a specialized spoken English instructor referred to in paragraph (1) is appointed for a given period, the period shall not exceed one year, and if necessary, the period may be extended up to four consecutive years of continuous working. <Added on Aug. 18, 2009>

(6) The head of any of the following schools may substitute teachers with industrial-educational teachers under Article 22 (1) of the Act within the limit of 1/3 of the fixed number of the teachers of the relevant school: <Added on Feb. 15, 2013; Feb. 28, 2020; Jan. 23, 2024>

1. A specialized middle school under Article 76;

2. A specialized high school under Article 91;

3. An autonomous private high school under Article 91-3;

4. An autonomous public high school under Article 91-4;

5. An autonomous school under Article 105.

Article 54-4(Fact-finding survey on multicultural education) #

(1) Fact-finding surveys on multicultural education under article 28-2 (2) of the Act (hereinafter referred to as "fact-finding survey on multicultural education") shall include the following matters:

1. The age, gender, nationality, circumstances of entry into and departure from the Republic of Korea, place of birth and residence of children or students (hereinafter referred to as "multicultural students, etc.") and the current status of nationality of parents of multicultural students, etc. of children or students (hereinafter referred to as "multicultural students, etc.") under the subparagraphs of Article 28-2 (1) of the Act;

2. Current status of operation of institutions, corporations, and organizations related to multicultural education;

3. Current status of programs, human resources, and facilities related to multicultural education;

4. Matters concerning career of multicultural students, etc., such as going to school and employment at superior school;

5. Satisfaction with and required multicultural education of multicultural students, etc., parents, faculty and staff members of multicultural education;

6. Other matters concerning multicultural education, which the Minister of Education deems necessary.

(2) The Fact-Finding Survey on Multicultural Education shall be conducted every three years; provided, a fact-finding survey on multicultural education concerning paragraph (1) 1 through 3 shall be conducted every year.

(3) The Minister of Education may request a research institute, corporation, organization, or related expert with expertise in multicultural education to conduct a fact-finding survey on multicultural education by entrusting it to a research institute, corporation, organization, or related expert with expertise in multicultural education.

(4) Where necessary to conduct a fact-finding survey on multicultural education, the Minister of Education may request the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions under the Act on the Management of Public Institutions, and the heads of relevant institutions, corporations, and organizations to provide cooperation, such as submission of relevant data.

[This Article Added on Apr. 23, 2024]

Article 54-5(Establishment and operation of multicultural education support center) #

(1) The Minister of Education may establish and operate a central multicultural education support center which performs the following duties pursuant to Article 28-2 (5) of the Act:

1. Research, development, and analysis for formulation of multicultural education policies;

2. Support for operation of multicultural education projects by schools of various levels, City/Do offices of education, and other institutions, corporations, or organizations related to multicultural education;

3. Development and dissemination of materials to support learning of multicultural students;

4. Training, public relations, and development of materials related to multicultural education for parents of students and faculty and teachers and staff;

5. Other matters concerning educational support for multicultural students, etc., which are deemed necessary by the Minister of Education.

(2) Pursuant to Article 28-2 (5) of the Act, the superintendent of the education may establish and operate a regional multicultural education support center that performs the following duties pursuant to Article 28-2 (5) of the Act:

1. Operation of multicultural education programs suitable for regional characteristics;

2. Support for operation of multicultural education of various levels of schools;

3. Support for training for strengthening capacity of teachers in charge of multicultural education;

4. Establishment of cooperation system with institutions related to multicultural education in the region;

5. Other matters concerning educational support for multicultural students, etc., which are deemed necessary by the superintendent of education.

(3) Pursuant to Article 28-2 (5) of the Act, the Minister of Education and the superintendent of education may fully or partially entrust the affairs specified in the subparagraphs of paragraph (1) or (2) to a person equipped with human resources and facilities capable of performing the entrusted affairs, from among the following institutions, corporations, or organizations, pursuant to Article 28-2 (5) of the Act:

1. A public institution under Article 4 of the Act on the Management of Public Institutions;

2. The Government-funded research institute under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

3. Other institutions, corporations, or organizations recognized by the Minister of Education and the superintendent of education as having human resources and facilities necessary to provide educational support to multicultural students, etc.

(4) Where the Minister of Education and the superintendent of education entrust affairs pursuant to paragraph (3), they shall publicly announce the persons entrusted with such affairs and the details of such affairs on the website of the Ministry of Education or the relevant City/Do office of education.

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), detailed matters necessary for the methods, standards, etc. for the establishment, operation, designation, and entrustment of multicultural education support centers shall be determined according to the following classifications:

1. In the case of the central support center for multicultural education under paragraph (1), public notification by the Minister of Education;

2. In the case of a regional cultural heritage education support center under paragraph (2): Ordinance of the relevant City/Do.

[This Article Added on Apr. 23, 2024]

Article 56(Integrated operation of schools) #

(1) Where any founder or manager of a school intends to integrate and operate schools pursuant to Article 30 (1) of the Act, he or she shall take into account educational circumstances, such as the size of schools, commuting distances for students, and the opinions of residents in the region where such schools subject to integrated operation are located.

(2) Matters necessary for standards for facilities and equipment of schools to be integrated and operated shall be prescribed by Presidential Decree.

(3) Notwithstanding assignment standards provided for in Article 19 (4) of the Act, teachers and staff may be assigned to integrated schools in consideration of the characteristics of such schools, and the founder or manager of a school may have teachers and staff hold concurrent positions to the extent that it does not hinder the operation of the school. <Amended on Dec. 27, 2010; Feb. 15, 2013>

(4) Standards for assigning teachers and staff under paragraph (3), curricula operation, compilation and operation of budgets, administrative and financial support, business management, and other matters necessary for the integrated operation of schools shall be determined by the competent authorities. <Amended on Dec. 27, 2010>

(5) Opinion gathering under the latter part of Article 30 (1) of the Act shall be done by the following methods: <Added on Jun. 22, 2021>

1. Public hearings;

2. Questionnaire surveys;

3. Other methods determined by the founder or manager of a school in consultation with the head of the school.

(6) A fact-finding survey under Article 30 (2) of the Act shall include the following: <Added on Jun. 22, 2021>

1. Size and financial status of schools;

2. Status of the placement of teachers and staff of schools;

3. Status of various facilities and equipment in schools;

4. Commuting distances of students;

5. Other matters necessary for grasping circumstances surrounding the integrated operation.

(7) Where the competent authority conducts a fact-finding survey pursuant to Article 30 (2) of the Act, it shall prepare detailed standards for the fact-finding survey in consultation with the head of the relevant school within 60 days from the date the request from students and their parents is made. <Added on Jun. 22, 2021>

(8) Where the competent authority intends to disclose the results of a fact-finding survey, it shall disclose them within 30 days after the completion of the survey, and the period of disclosure shall be at least 14 days. <Added on Jun. 22, 2021>

[Title Amended on Feb. 15, 2013]

Article 58(Composition of national and public school governance committees) #

(1) The number of members of a school governance committee established in national and public elementary schools, middle schools, high schools, special schools, and miscellaneous schools (hereinafter referred to as “national and public schools” up to Article 62) shall be prescribed by the regulations of the school governance committee of the relevant school (hereinafter in this Chapter referred to as “the committee regulations”) within the following ranges, taking into account the size of the school: <Amended on Sep. 30, 2025>

1. Schools with fewer than 200 students: Not less than 5 members nor more than 8 members;

2. Schools with 200 to fewer than 1,000 students: Not less than 9 members nor more than 12 members;

3. Schools with 1,000 students or more: Not less than 13 members nor more than 15 members.

(2) The component ratio of members of a governance committee to be established at national and public schools shall be determined by the committee regulations within the following limits: <Amended on Mar. 18, 2011>

1. Members for parents of students (referring to those who represent parents of students at the school; hereinafter the same shall apply in this Section): 40/100 to 50/100;

2. Teacher members (referring to those who represent teachers at the school; hereinafter the same shall apply in this Section): 30/100 to 40/100;

3. Community members (referring to experts on budget, account, audit and inspection, and law living in the area where the school is located or public educational officials work on educational administration living in the area where the school is located, enterprisers who conduct business in the area where the school is located, those who graduated from the school, or those who intend to contribute to operating the school; hereinafter the same shall apply in this Section): 10/100 to 30/100.

(3) Notwithstanding paragraph (2), the component ratio of the members of the governance committee of a national or public high school tailored to industrial demand under Article 90 (1) 10 and specialized high school under Article 91 (1) (excluding high schools that provide experience-oriented education, such as field training in nature) may be determined by the committee regulations within the scope according to the categories of the following subparagraphs. In such cases, not less than a half of the community members shall be elected from the enterprisers referred to in paragraph (2) 3: <Amended on Apr. 12, 2007; Jun. 29, 2010>

1. Members for parents of students: 30/100 to 40/100;

2. Teacher members: 20/100 to 30/100;

3. Community members: 30/100 to 50/100.

(4) Notwithstanding paragraphs (2) and (3), the component ratio of the members of the governance committee to be established at a national or public school as specified under the following subparagraphs may be determined by school regulations for national schools, by the committee regulations for public schools within the scope prescribed by ordinance of a City/Do. In such cases, more than one member for parents of students, one teacher member, and one community member shall be included, respectively: <Added on Mar. 18, 2011; Apr. 11, 2023>

1. Elementary schools, middle schools, high schools, and special schools: Schools with less than 100 students;

2. Various kinds of schools: Schools with less than 100 students or schools that manage all students entrusted by other schools.

[Title Amended on Sep. 30, 2025]

Article 59(Election of members) #

(1) The heads of national and public schools shall be ex officio teacher members in governance committees.

(2) Members who are parents of students shall be elected from among parents of students through democratic-representative procedures at a plenary session of parents of students. In such cases, any parent of a student who is unable to attend a plenary session of parents of students in person may cast his or her votes to a candidate before the opening of the plenary session of parents of students in accordance with the methods and procedures prescribed by the committee regulations, such as a reply to the school newsletter sent to him or her or voting by mail, voting by electronic methods (referring to the methods of using an information processing system under subparagraph 2 of Article 2 of the Framework Act on Electronic Documents and Transactions or other information and communications technology). <Amended on Sep. 15, 2015; Feb. 25, 2020>

(3) Notwithstanding paragraph (2), where it is difficult to elect members who are parents of students at a plenary session due to the size and facilities of a school, as prescribed by the regulations of the relevant committee, the members may be elected at a meeting which is comprised of representatives of parents of students by each class, as prescribed by the committee regulations. <Added on Sep. 15, 2015>

(4) Teacher members except ex officio members shall be elected from among teachers by an unsigned vote at a plenary session of teachers and staff. <Amended on Feb. 28, 2000; Sep. 15, 2015; Apr. 7, 2020>

(5) Notwithstanding paragraphs (2) through (4), where it is impracticable to hold a plenary meeting of parents, a plenary meeting of parents of students or a plenary meeting of teachers and staff due to a disaster or other unavoidable causes defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety, teacher members excluding the members who are parents of students or ex officio teacher members may be elected in accordance with the methods and procedures provided in the latter part of paragraph (2). <Added on Apr. 7, 2020>

(6) Community members shall be, upon recommendation of any member who is a parent of a student or teacher member, elected by an unsigned vote. <Amended on Sep. 15, 2015; Apr. 7, 2020>

(7) A governance committee shall have a chairperson and a vice-chairperson, and they shall be elected from members other than teacher members by an unsigned vote. <Amended on Sep. 15, 2015; Apr. 7, 2020>

(8) When members of a governance committee to be established in a national or public school acquire, through abuse of their positions, property rights and interest, or assist others in acquiring the same, by means of transactions with the relevant school, they may be disqualified by resolution of the governance committee. <Added on Mar. 18, 2011; Sep. 15, 2015; Apr. 7, 2020>

Article 63(Governance committees of private schools) #

(1) Governance committees to be established at private elementary schools, middle schools, high schools, special schools, and various kinds of schools (hereafter in this Article referred to as "private schools") pursuant to Article 31 (1) of the Act (hereinafter referred to as "governance committees of private schools") shall be composed of teacher members, members for parents of students, and community members of the relevant schools. <Amended on Mar. 22, 2022; Apr. 11, 2023>

(2) Articles 58, 59, and 60 (2) and (3) shall apply mutatis mutandis to the fixed number, election, etc. of the members of a governance committee of a private school, but teacher members except ex officio teacher members shall be commissioned by the head of a school from those who are recommended at a plenary session of teachers and staff in accordance with the procedures prescribed by the articles of incorporation (where it is impracticable to hold a plenary meeting of teachers and staff due to a disaster or other unavoidable causes defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety, those who are recommended in accordance with the methods and procedures prescribed in the latter part of Article 59 (2)). In such cases, "national and public schools" shall be deemed "private schools"; "deliberation" shall be deemed "deliberation or consultation"; and "school regulations" and "ordinance of a City/Do" shall be deemed "articles of incorporation," respectively. <Amended on Mar. 18, 2011; Apr. 7, 2020; Mar. 22, 2022>

(3) The head of a private school shall respect the result of deliberation or consultation with the governance committee of the private school as best as he or she can. <Amended on Mar. 22, 2022>

(4) The competent authority may order correction under Article 63 of the Act in cases falling under any of the following cases: <Amended on Mar. 22, 2022>

1. Where it fails to undergo the deliberation and resolution by the governance committee of a private school on the creation, operation, and use of the school development fund referred to in Article 32 (3) of the Act without good cause;

2. Where the result of deliberation and resolution on the creation, operation, and use of the school development fund, which has been deliberated on and resolved by the governance of a private school under Article 32 (3) of the Act, has not been implemented or implemented differently;

3. Where the matters prescribed in the subparagraphs of Article 32 (1) of the Act are implemented without deliberation or consultation thereon by the governance committee of a private school, without any reason prescribed in Article 60 (2).

(5) Matters not prescribed by this Decree regarding the composition of the governance committee of a private school shall be prescribed by the articles of incorporation. <Amended on Mar. 22, 2022>

[This Article Wholly Amended on Feb. 28, 2000]

Article 64(School development fund) #

(1) A school development fund referred to in Article 33 of the Act (hereinafter referred to as "development fund") shall be created in the following methods:

1. Receipt of money and valuables provided by donors;

2. Receipt of money and valuables which organizations and groups comprised of parents of students in and outside of school collect voluntarily from any members or raise from others.

(2) A development fund shall be used for:

1. Repairing and expanding school educational facilities;

2. Buying tools, equipment, and books for education;

3. Assisting school athletic activities or other academic activities;

4. Assisting student welfare and students' self-governing activities.

(3) A governance committee shall create and operate the development fund under the name of the chairperson of the governance committee, as stipulated by Decree of the Ministry of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013>

(4) A governance committee may entrust the management and execution of the development fund and part of business auxiliary thereto to the head of the relevant school.

(5) The head of a school entrusted with business pursuant to paragraph (4) shall manage the development fund through separate accounts, and report in writing on the execution plan and details of the development fund to the governance committee each quarter.

(6) A governance committee upon receipt of a report under paragraph (5) shall review it and notify the parents of students of the result.

(7) Where a governance committee entrusts the business on development fund pursuant to paragraph (4) to the head of the school concerned, he or she may audit the execution status of the development fund.

(8) A governance committee shall complete the following affairs within three months after the closing of the school's financial year: <Amended on Sep. 15, 2015>

1. Closing accounts of the development fund;

2. Report on accounts closed under subparagraph 1 to the competent authorities and notification thereof to parents of students.

(9) Matters necessary for creation, operation, accounting, and management of the development fund shall be determined by Decree of the Ministry of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013>

Article 73(Transfer to middle schools) #

(1) Any transfer or transfer admission to middle schools shall be restricted to middle schools in any school group to which the elementary school which makes places of residence a school district belongs, or in the middle school district. In such cases, the head of a district office of education shall allocate a middle school within seven days from the date of receipt of application documents for transfer or transfer admission to school groups, and the head of a middle school in the middle school district shall permit such transfer or transfer admission to middle school districts; provided, for school groups, where there are no vacancies in middle schools in a school group to which the elementary school making places of residence a school district belongs, and if any person who intends to transfer schools or gain transfer admission wishes, the head of the district office of education may allocate a middle school in another school group falling under his or her jurisdiction.

(2) When the head of a district office of education has allocated a middle school located in any school group to which the elementary school which makes places of residence a school district belongs pursuant to paragraph (1) for a student who intends to transfer or gain transfer admission, he or she shall immediately notify such fact to the head of the school to which the relevant student is expected to transfer or gain transfer admission. <Added on Oct. 18, 2016>

(3) Notwithstanding the main clause of paragraph (1), where there are vacancies for student athletes in the athletic specialty school corresponding to his or her specialty for a student athlete, the head of a district office of education may allow him or her to transfer to schools or gain transfer admission without sortition. <Amended on Oct. 18, 2016>

(4) Where a public official is transferred to an island or a remote area other than his or her connected place, and if it is impossible for his or her children to attend a middle school located in the designated school group or middle school district living with his or her parents, they may, notwithstanding paragraph (1), be allowed to transfer or gain transfer admission to a middle school in the school group or middle school district of the public official's connected place within the scope of the fixed number without sortition. <Amended on Oct. 18, 2016>

(5) "Island or a remote area" in paragraph (4) means an area eligible for island and remote area allowances pursuant to the statutes or regulations related to the payment of island and remote area allowances, and "school group or middle school district of public official's connected place" means any of the following school groups or middle school districts: <Amended on Oct. 18, 2016>

1. Any school group or middle school district in the City/Do having jurisdiction over the area in which the public official concerned serves;

2. Any school group which has an elementary school making a place of residence immediately preceding transfer to an island or a remote area, a school district or middle school district.

(6) Where the head of a middle school requests a student's transfer, re-enrollment, or transfer admission to another school as deemed necessary to change the student's educational environment, the head of the district office of education may, notwithstanding the main clause of paragraph (1), designate and allocate a school to which the student may transfer, be re-enrolled, or be re-admitted. <Amended on Feb. 15, 2013; Oct. 18, 2016>

(7) The head of a middle school may grant permission for transfer and transfer admission between middle schools, specialized middle schools referred to in Article 76, and various academic background-accredited schools, within the extent not hindering the completion of the curriculum. <Amended on Oct. 18, 2016>

Article 75(Admission, transfer, and transfer admission of students returning from overseas and multicultural students) #

(1) The guardian of any of the following children or students may apply for admission, transfer, or transfer admission to a school with the head of a district office of education having jurisdiction over the middle schools in a school group to which the elementary school which makes places of residence a school district belongs or with the head of a middle school in the middle school districts, instead of taking the procedures for admission, transfer, or transfer admission to a school under Article 68 or 73 (1): <Amended on Jul. 14, 2020>

1. Children or students who fall under Article 19 (1) 1 through 4;

2. Other children or students who cannot take the procedures for admission, transfer, or transfer admission to a school under Article 68 or 73 (1) for the reason that he or she did not reside in the Republic of Korea before he or she is admitted, transfers, or gains transfer admission to a middle school, or has no school record in the Republic of Korea.

(2) The head of a district office of education or the head of a middle school who receives an application under paragraph (1) shall verify the details of the certificate of the entry into and departure from Korea, or of the certificate of the alien registration under Article 88 of the Immigration Act by sharing administrative information under Article 36 (1) of the Electronic Government Act, and the head of a district office of education who receives an application under paragraph (1) shall designate and allocate a school the child or student may be admitted, transfer, or gain transfer admission; provided, where the guardian of a child or student who falls under the subparagraphs of paragraph (1) does not consent to such verification, he or she shall be required to submit any of the following documents: <Amended on Jul. 14, 2020>

1. A document that proves the entry into and departure from Korea or the alien registration;

2. A document that verifies his or her residence in Korea, such as a written lease contract or letter of guarantee from his or her neighbor.

(3) Children who have come to Korea from abroad may, notwithstanding paragraph (1), be admitted, transfer, or gain transfer admission to middle schools which have established special classes for returning students, as prescribed by the superintendent of education.

(4) Multicultural students may, notwithstanding Articles 68 and 73 (1), be admitted, transfer, or gain transfer admission to middle schools which have established special classes for multicultural students, as prescribed by the superintendent of education.

[This Article Wholly Amended on Oct. 30, 2013]

Article 76(Specialized middle schools) #

(1) The superintendent of education may designate and publicly notify middle schools to specialize in the operation, etc., of curricula (hereinafter referred to as "specialized middle schools"). In such case, he or she shall obtain prior consent from the Minister of Education. <Amended on Jan. 29, 2001; Oct. 20, 2001; May 16, 2007; Feb. 29, 2008; Mar. 23, 2013; Dec. 9, 2014>

(2) The head of a school foundation or the head of a school that seeks designation as a specialized middle school shall prepare an application, including the following matters, and submit it to the superintendent of education: <Amended on Jun. 29, 2010>

1. A school operation plan;

2. A curricula operation plan;

3. A plan for conducting an admission process;

4. A plan for the assignment of teachers;

5. Other matters determined and publicly notified by the superintendent of education concerning the operation, etc. of specialized middle schools.

(3) The head of a specialized middle school may, notwithstanding Article 68, select students upon their application.

(4) No head of a specialized middle school shall conduct a written examination when selecting students pursuant to paragraph (3).

(5) The superintendent of education may revoke the designation of a specialized middle school, in any of the following circumstances: <Amended on Feb. 18, 2014>

1. Where the budget has been executed by fraud or other improper means;

2. Where a student was selected by improper means;

3. Where any serious cause for violating the purpose of designation occurs, such as unjust operation of a curriculum;

4. Where the relevant school applies for the revocation of designation due to the occurrence of any cause, etc. that makes the purpose of designation unachievable;

5. Where it is deemed impracticable to achieve the purpose of designation as a result of evaluation of the operation performance, etc., of the relevant school conducted by the superintendent of education every five years, as prescribed by the educational rules of the relevant City/Do.

(6) The superintendent of education shall obtain prior consent from the Minister of Education when he or she intends to revoke the designation of a specialized middle school. <Added on Jun. 7, 2011; Mar. 23, 2013; Dec. 9, 2014>

(7) Where the Minister of Education intends to determine whether to consent to the designation or revocation of designation of a specialized middle school under the latter part of paragraph (1) or paragraph (6), he or she shall undergo deliberation by a committee for designation of special-purpose high schools, etc. prescribed in Article 105-3. <Added on Dec. 9, 2014>

(8) Where the designation of a specialized middle school is revoked under paragraph (5), the superintendent of education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students attending the relevant school at the time of revocation of designation until their graduation. <Added on Feb. 18, 2014; Dec. 9, 2014>

(9) Except as provided in paragraphs (1) through (8), matters necessary for the designation, revocation of designation, and operation of specialized middle schools shall be prescribed by Decree of the Ministry of Education. <Added on Jun. 29, 2010; Jun. 7, 2011; Feb. 18, 2014; Dec. 9, 2014>

Article 76-2(Designation and governance committee for specialized middle schools) #

(1) A designation and governance committee for specialized middle schools shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters on the designation and operation of specialized middle schools to provide advice as may be required by the superintendent of education:

1. Matters concerning plans for the designation and operation of specialized middle schools;

2. Matters concerning the revocation of designation of specialized middle schools;

3. Matters concerning the evaluation on operation of specialized middle schools;

4. Other matters determined by the superintendent of education concerning the operation, etc. of specialized middle schools.

(2) Matters necessary for the composition and operation of the designation and governance committee for specialized middle schools under paragraph (1) shall be prescribed by the educational rules of the relevant City/Do.

(3) Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to the designation and governance committee for specialized middle schools is established under the jurisdiction of the superintendent of education, such committee may replace the function of the designation and governance committee for specialized middle schools as prescribed by ordinance of the relevant City/Do; provided, where any statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to the designation and governance committee for specialized middle schools provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the designation and governance committee for specialized middle schools as prescribed by the educational rules of the relevant City/Do. <Added on Dec. 29, 2017>

[This Article Added on Sep. 15, 2015]

[Previous Article 76-2 moved to Article 76-3 <Sep. 15, 2015>]

Article 77(Administrator of admission process for high schools) #

(1) An admission process for a high school shall be conducted by the head of the school. In such cases, matters necessary for the admission process, such as the method of an admission process, shall be determined by the head of the school upon approval by the superintendent of education.

(2) Notwithstanding paragraph (1), an admission process for the second group of schools referred to in Article 80 (1) (excluding special-purpose high schools prescribed in Article 90 (1) 6 and autonomous private high schools prescribed in Article 91-3) in an area prescribed by ordinance of a City/Do that satisfies all of the following requirements shall be conducted by the superintendent of education: <Amended on Mar. 18, 2011; Dec. 29, 2017; Feb. 28, 2020; Jan. 23, 2024>

1. It shall not cause any commuting difficulty to students, considering the distance between schools and the development of transportation systems;

2. The number of middle school graduates shall keep a proper balance with the fixed number of admission of high school;

3. It shall be proper for the superintendent of education to conduct an admission process as a result of conducting a feasibility study including each of the following items:

(a) Determination of school groups;

(b) Methods for assigning students;

(d) Plans to reduce non-preferred schools;

(e) Plans to diversify and specialize the curricula of unit schools;

4. The results of opinion polls conducted for students, their parents, etc. residing in the area where the relevant high school is located shall satisfy the standards prescribed by ordinance of the relevant City/Do. In such cases, the contents of the opinion polls shall include each item of subparagraph 3.

(3) Where ordinance of a City/Do is to be revised to revoke the designation of an area where the superintendent of education conducts an admission process pursuant to paragraph (2), the results of opinion polls conducted for students, their parents, etc. residing in the area where the relevant high school is located shall satisfy the standards prescribed by ordinance of the relevant City/Do. <Added on Mar. 18, 2011>

(4) Specific details necessary for conducting a feasibility study and opinion polls under paragraphs (2) 3 and 4 and (3) shall be prescribed by the educational rules of the relevant City/Do. <Added on Mar. 18, 2011>

Article 79(Committee for high school admission process) #

(1) A committee for high school admission process shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters on the admission process for high schools to provide advice required by the superintendent of education: <Amended on Mar. 27, 2009; Dec. 30, 2011; Jul. 2, 2019; Feb. 28, 2020; Jan. 23, 2024>

1. Matters concerning a master plan for admission process and an implementation plan for admission process;

2. Matters concerning the scope of selection examinations and the methods for setting exam questions and establishing scoring standards therefor;

3. Matters concerning the assessment methods for school records or the results of selection examinations;

4. Matters referred to in Article 91-3 (3) 2 and 4;

5. Other matters concerning the conducting of an admission process, which the superintendents of education refer to meetings.

(2) Matters necessary for the organization and operation of a committee for high school admission process shall be determined by educational rules of the relevant City/Do.

(3) Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a committee for high school admission process is established under the jurisdiction of the superintendent of education, such committee may replace the function of a committee for high school admission process, as prescribed by ordinance of the relevant City/Do; provided, where any statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a committee for high school admission process provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the committee for high school admission process, as prescribed by the educational rules of the relevant City/Do. <Added on Dec. 29, 2017>

Article 81(Applications for admission process) #

(1) Any person who intends to apply for an admission process for a high school shall select one school in the area where the middle school he or she has attended is located and apply for admission with the administrator of admission process of the relevant school; provided, a person who falls under any of subparagraphs 1 through 3 shall apply for admission with the administrator of admission process having jurisdiction over the place of his or her residence, and a person who falls under subparagraph 4 or 5 may choose a school located in the area where the middle school he or she has attended is located and apply for admission with the administrator of admission process of the relevant school or with the administrator of admission process having jurisdiction over the place of his or her residence defined in Article 89 (4): <Amended on May 16, 2007; Mar. 27, 2009; Dec. 30, 2011; Jan. 6, 2015>

1. A person who falls under any subparagraph of Article 97 (1);

2. A person who has received education in another City/Do due to a middle school district;

3. A middle school graduate whose place of residence has been relocated;

4. A graduate-to-be or a graduate from a specialized middle school referred to in Article 76;

5. A graduate-to-be or a graduate from a middle school which is designated as an autonomous school pursuant to Article 105 (1) and selects students by a method other than sortition according to districts and school groups prescribed in Article 68 (1).

(2) Notwithstanding paragraph (1), if it is deemed appropriate that a person who intends to apply for an admission process for a high school enters a high school located in a neighboring City/Do due to justifiable educational grounds, such that he or she has difficulty in commuting due to distance or inconvenient transportation or that there is no first group of school he or she intends to apply for in the area where a middle school that he or she has attended is located, he or she may apply for admission with the administrator of admission process for the neighboring high school, as determined by the superintendent of education through consultation. <Amended on Mar. 27, 2009>

(3) Notwithstanding paragraph (1), any person who intends to apply for an admission process for any of the following high schools among the first group of schools shall select one high school, regardless of the area where a middle school he or she has attended is located (in cases of a person falling under any subparagraph of paragraph (1), referring to the area in which he or she resides), and shall apply for admission with the administrator of admission process of the relevant high school: <Amended on Mar. 27, 2009; Jun. 29, 2010; Jun. 7, 2011; Mar. 23, 2013; Feb. 28, 2020; Jan. 23, 2024>

1. A high school prescribed in Article 81-2;

2. A special-purpose high school falling under Article 90 (1) 7 and 10;

3. A school designated by the Minister of Education or the superintendent of education among specialized high schools prescribed in Article 91;

4. Deleted. <Jun. 29, 2010>

(4) A person who intends to enter a high school which provides day classes (hereinafter referred to as "day session") and evening classes (hereinafter referred to as "evening session") may simultaneously apply for both a day session and an evening session for the same school.

(5) Notwithstanding the main clause of paragraph (1), a person who intends to enter a day session of the second group of schools in the area prescribed by ordinance of the relevant City/Do pursuant to Article 77 (2) may select and apply to at least two schools according to the methods and procedures determined by the superintendent of education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 29, 2017; Sep. 24, 2019>

(6) Notwithstanding the main clause of paragraph (1), children of people who work for public agencies relocating to an innovation city defined in subparagraph 3 of Article 2 of the Special Act on the Construction and Development of Innovation Cities and to an administrative city defined in subparagraph 1 of Article 2 of the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital may apply for admission with an administrator of admission process of a school located in the relevant area, as determined by the superintendent of education having jurisdiction over the area to which the public agencies relocate. <Added on Dec. 30, 2011; Feb. 27, 2018>

(7) Notwithstanding paragraphs (1) and (3), a person who applied for an admission process for a high school tailored to industry demand referred to in Article 90 (1) 10 but has failed to be selected may reapply for the admission to the administrator of admission process of any of the following high schools or departments: <Added on Jan. 6, 2015>

1. High schools that provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1);

2. Departments determined by the superintendent of education among those established in general high schools for the purpose of training talents in a specific field corresponding to specialized high schools under Article 91.

(8) Notwithstanding paragraphs (1) and (3), a person who applied for the special admission process prescribed in Article 82 (8) but has failed to be selected may reapply for the admission with the administrator of admission process referred to in paragraph (7). <Added on Jan. 6, 2015>

[Paragraph (5) of this Article was amended following the decision of unconstitutionality made by the constitutional on April 11, 2019 in accordance with Presidential Decree No. 30088 (September 24, 2019).]

Article 82(Methods of admission process) #

(1) An admission process for the first group of schools may be conducted upon reflecting student records of middle school (in the absence of school records, data available in lieu thereof) to the extent not exceeding the level and scope of curriculum of middle schools and all or part of the following in order to enhance students' self-learning ability, as determined by the superintendent of education: <Amended on Jun. 29, 2010; Dec. 30, 2011>

1. A letter of recommendation by a teacher of the middle school which an applicant attends or graduated from;

2. An interview;

3. Other matters that may assess a student's self-learning ability, such as the results of an examination for practical skills.

(2) An admission process for the second group of schools shall be conducted with school records (in the absence of school records, data available in lieu thereof) of middle school or an examination for selecting students, or with a combination thereof or in the method prescribed in paragraph (1): <Amended on Dec. 30, 2011; Dec. 29, 2017; Feb. 28, 2020; Jan. 23, 2024>

1. Special-purpose high schools prescribed in Article 90 (1) 6: The methods provided for in paragraph (1);

2. Autonomous private high schools prescribed in Article 91-3: The methods prescribed by Decree of the Ministry of Education.

(3) Notwithstanding paragraphs (1) and (2), an admission process for any of the following persons may be conducted in any methods other than those referred to in those paragraphs: <Amended on Sep. 29, 2005; Feb. 22, 2008; Jun. 29, 2010>

1. Persons who have completed school education of at least nine years or school education equivalent to that of an elementary school and a middle school in a foreign country or in the area north of the Military Demarcation Line;

2. Any of the following persons who have transferred or gained transfer admission from a foreign school to a domestic middle school and graduated from the domestic middle school:

(a) Students returning to Korea after having attending a foreign school for at least two years (limited to those who lived with their parents overseas for at least two years);

(b) Children of scientific technicians and professors returning to Korea upon the invitation or on the recommendation of the Government;

(c) Foreign students (referring to students who have completed the middle school curricula for at least two years overseas, if one or both of the parents is a national of the Republic of Korea);

3. Persons subject to protection defined in subparagraph 2 of Article 2 of the North Korean Refugees Protection and Settlement Support Act, who have gained transfer admission to and graduated from a middle school in the area south of the Military Demarcation Line after having attended a school north of the Military Demarcation Line for at least two years;

4. Persons recognized that they have academic background equivalent to that of a middle school graduate pursuant to Article 97 (1) 3 or 98-3.

(4) In applying paragraph (3) 2 (a), if the period of school attendance or the period of residence falls short of two years for unavoidable reasons, such as the period required for admission to a foreign school, they may apply by shortening the period of attendance at school or the period of residence listed in that subparagraph and item through a review by an admission committee on qualifications for exceptional admission to high schools established in a City/Do. <Amended on Feb. 27, 1999>

(5) Matters necessary for the establishment and operation of the admission committee on qualifications for exceptional admission to high schools referred to in paragraph (4) shall be determined by the superintendent of education. <Amended on Feb. 27, 1999>

(6) Notwithstanding paragraphs (1) and (2), the admission process for high schools meeting all of the following requirements may be conducted by a method determined by the head of the relevant high school under which the head of a relevant school allocates a specific percentage of the overall enrollment quota after obtaining approval from the superintendent of education: <Added on Mar. 2, 2001; Mar. 27, 2009; Jun. 29, 2010; Mar. 18, 2011; Mar. 23, 2013; Feb. 27, 2018; Feb. 28, 2020; Jan. 23, 2024>

1. Deleted; <Mar. 27, 2009>

2. Any of the following schools:

(a) Schools managed by a school foundation established by contribution from an enterprise for the improvement of employees' welfare;

(b) Among autonomous private high schools under Article 91-3, schools supported by an enterprise located in an innovative city under subparagraph 3 of Article 2 of the Special Act on the Construction and Development of Innovation Cities, an enterprise city under subparagraph 1 of Article 2 of the Special Act on the Development of Enterprise Cities, a free economic zone under subparagraph 1 of Article 2 of the Special Act on Designation and Management of Free Economic Zone, and cities and districts under other statutes, as prescribed by Decree of the Ministry of Education with independent or joint contributions according to the standards and procedures prescribed by Decree of the Ministry of Education;

3. It shall not receive any financial subsidies from the State or local governments.

(7) Deleted. <Dec. 29, 2017>

(8) Notwithstanding paragraph (1), the administrator of admission process of any of the following high schools or departments may conduct a special admission process for selecting students, taking into account their temperament, aptitude, employment volition, etc. before conducting the admission process under paragraph (1). In such cases, all or part of the data for the admission process referred to in paragraph (1) shall be reflected, and evaluation factors for admission shall be organized in the manner to make it possible to select students with high temperament, aptitude, employment volition, etc.: <Added on Jan. 6, 2015>

1. High schools that provide education specialized in training talents in a specific field among specialized high schools referred to in Article 91 (1);

(9) Notwithstanding paragraph (2), where an autonomous public high school referred to in Article 91-4 has entered into an agreement with any of the following institutions, organizations, etc. on the operation, etc. of schools and curricula in accordance with the standards determined by the Minister of Education, it may conduct an admission screening with a certain percentage of the fixed number of students admitted to the relevant school in a manner determined by the administrator of admission screening authority. If the administrator of admission screening is the head of the relevant school, approval from the superintendent of education shall be obtained in advance: <Added on Oct. 8, 2024>

1. A local government;

2. A school under the subparagraphs of Article 2 of the Higher Education Act;

3. Any other person recognized by the Minister of Education as an enterprise, research institute, etc. that can support the development and growth of the relevant school and the area where the relevant school is located, which is recognized by the Minister of Education.

Article 84(Methods of selecting and assigning new students of second group of schools) #

(1) New students at the second group of schools shall be selected by the order of a day session and an evening session.

(2) New students of a day session at the second group of schools in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2) shall be assigned through sortition to each high school according to high school groups by the superintendent of education, and where they select and apply for at least two schools pursuant to Article 81 (5), all or part of the fixed number of the school may be assigned through sortition among the applicants for admission; provided, new students of any special-purpose high school prescribed in Article 90 (1) 6 or any autonomous private high school prescribed in Article 91-3 shall be selected by the head of the relevant school. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 29, 2017; Feb. 28, 2020; Jan. 23, 2024>

(3) Notwithstanding the main clause of paragraph (2), among the second group of schools of day sessions in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2), in cases of schools designated by the superintendent of education on the ground that assigning students to such schools through sortition is impractical due to any unique circumstances facing them, including such schools being located in an area where commuting to schools is extremely inconvenient due to distance or poor transportation, new students of such schools may be selected by the heads of the relevant schools instead of being assigned by the superintendent of education through sortition. <Amended on Dec. 29, 2017; Feb. 28, 2020; Jan. 23, 2024>

(4) New students of evening sessions at the second group of schools in an area prescribed by ordinance of a City/Do pursuant to Article 77 (2) shall be selected by the head of the relevant school according to the data on admission process, of which the superintendent of education notified each school. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011>

(5) School groups referred to in the main clause of paragraph (2) shall be determined by the superintendent of education through a resolution by the City/Do council, taking into account the distribution of schools and regional conditions of a City/Do. <Amended on Jan. 6, 2015; Dec. 29, 2017; Feb. 28, 2020; Jan. 23, 2024>

(6) If the superintendent of education determines school groups pursuant to paragraph (5), he or she shall publicly notify such fact.

(7) A committee for management of high school admission sortition shall be established at each school group to comply with advice provided by the superintendent of education on the sortition and assignment of the second group of schools referred to in the main clause of paragraph (2), and matters concerning its organization and operation shall be determined by the educational rules of the relevant City/Do. <Amended on Dec. 29, 2017; Feb. 28, 2020; Jan. 23, 2024>

(8) Where a person who has been assigned to a high school pursuant to paragraphs (1) through (4), and Articles 85 (2), 86, and 87 gives up admission to the relevant school, he or she shall not be assigned to another school in the year.

Article 89(Transfer to high schools) #

(1) The head of a high school may permit transfer or transfer admission among high schools (including various schools recognized to have academic background of a high school) within the extent not hindering the completion of the curricula; provided, transfer or transfer admission to special-purpose high schools under Article 90 (1) 5 and 6 shall comply with the standards and procedures determined and publicly notified by the superintendent of education: <Amended on Jun. 29, 2010; Dec. 30, 2011; Feb. 28, 2020; Jan. 23, 2024>

1. Deleted; <Dec. 30, 2011>

2. Deleted; <Dec. 30, 2011>

3. Deleted. <Dec. 30, 2011>

(2) Notwithstanding paragraph (1), transfer from a general day-time high school to another general day-time high school located in an area prescribed by ordinance of a City/Do under Article 77 (2) shall be limited to where the place of residence of a person who wants the transfer is relocated from different school groups or City/Do, and the superintendent of education shall assign schools for them to transfer to. In such cases, if a person whose place of residence has been relocated wants to do so where there are no vacancies in a school located in the school group and there are vacancies in the neighboring school group, he or she may be granted transfer to schools located in the neighboring school group of his or her place of residence. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 18, 2011; Dec. 30, 2011; Jan. 6, 2015>

(3) Notwithstanding paragraph (2), the superintendent of education may permit any person with disability falling under Article 15 (1) 4 of the Act on Special Education for Persons with Disabilities and any student athlete to transfer his or her school within the same City/Do. <Amended on Apr. 12, 2007; Mar. 23, 2021>

(4) "Place of residence" in paragraph (2) means the base of daily life of a person with parental authority under Article 909 of the Civil Act, or a guardian under Article 928 of that Act. In such cases, whether the place of residence is the base of his or her daily life shall be determined by the superintendent of education. <Amended on Sep. 29, 2005>

(5) Article 73 (6) shall apply mutatis mutandis to high schools. In such cases, "head of the district office of education" and "main clause of paragraph (1)" shall be construed as "superintendent of education" and "paragraphs (1) and (2)," respectively. <Amended on Oct. 18, 2016>

Article 90(Special-purpose high schools) #

(1) The superintendent of education may designate and publicly notify a high school aiming for specialized education in a special field (hereinafter referred to as "special-purpose high school") from among the following schools; provided, national high schools among schools referred to in subparagraph 10 shall be designated and publicly notified by the Minister of Education: <Amended on Jan. 29, 2001; Mar. 2, 2001; May 16, 2007; Jun. 29, 2010; Mar. 23, 2013; Feb. 28, 2020; Jan. 23, 2024>

1. Deleted; <Jun. 29, 2010>

2. Deleted; <Jun. 29, 2010>

3. Deleted; <Jun. 29, 2010>

4. Deleted; <Jun. 29, 2010>

5. Science high schools to train talents in science;

6. High schools in foreign languages and international schools for fostering international human resources proficient in foreign languages;

7. Arts high schools to train artists and athletic high schools to train athletes;

8. Deleted; <Jun. 29, 2010>

9. Deleted; <Jun. 29, 2010>

10. High schools providing tailored curricula directly connected to the demand of industry (hereinafter referred to as "high school tailored to industry demand").

(2) The head of a school foundation or a school that intends to be designated as a special-purpose high school shall prepare an application, including the following matters, and submit it to the Minister of Education or the superintendent of education: <Amended on Jun. 29, 2010; Mar. 23, 2013; Oct. 30, 2013>

1. A school operation plan;

2. A operation plan of curricula (including a plan for industrial-academic connection in cases of high schools tailored to industry demand);

3. A plan for establishing departments in cases of schools that intend to establish departments;

4. A plan for conducting an admission process;

5. A plan for the assignment of teachers;

5-2. A plan for open recruitment of principal (limited to high schools tailored to industry demand);

6. Other matters determined and publicly notified by the Minister of Education or the superintendent of education concerning the operation of special-purpose high schools.

(3) Where the superintendent of education intends to designate and publicly notify a special-purpose high school referred to in paragraph (1) 5, 6, and 10 (limited to public or private high schools), he or she shall obtain prior consent from the Minister of Education. <Added on May 16, 2007; Feb. 29, 2008; Jun. 29, 2010; Mar. 23, 2013; Dec. 9, 2014; Feb. 28, 2020; Jan. 23, 2024>

(4) The superintendent of education may revoke the designation of a special-purpose high school, in any of the following cases; provided, in cases of a national high school designated and publicly notified by the Minister of Education under the part other than the proviso of paragraph (1), the Minister of Education may revoke the designation thereof, following consultation with the heads of the relevant central administrative agencies: <Amended on Feb. 18, 2014; Feb. 28, 2020; Jan. 23, 2024>

1. Where the budget has been executed by fraud or other improper means;

2. Where a student was selected by improper means;

3. Where any serious cause for violating the purpose of designation occurs, such as unjust operation of a curriculum;

4. Where the relevant school applies for the revocation of designation due to the occurrence of any cause, etc. that makes the purpose of designation unachievable;

(5) The superintendent of education may request a school that is deemed to need improvement as a result of evaluation of the operational performance, etc. under paragraph (4) 5 to establish and implement an improvement plan. <Amended on Jan. 23, 2024>

(6) Where the superintendent of education intends to revoke the designation of a special-purpose high school under paragraph (1) 5, 6, and 10 (limited to public and private high schools), he or she shall obtain prior consent from the Minister of Education. <Added on Jun. 7, 2011; Mar. 23, 2013; Dec. 9, 2014; Feb. 28, 2020; Jan. 23, 2024>

(7) The Minister of Education shall undergo deliberation by the Committee for Designation of Special-Purpose High Schools, etc., under Article 105-3, where he or she intends to determine whether he or she will consent to the designation or revocation of designation of a special-purpose high school under paragraph (3) or (6). <Added on Dec. 9, 2014; Jan. 23, 2024>

(8) Where the designation of a special-purpose high school is revoked under the main clause of paragraph (4), the superintendent of education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students who are attending the relevant school at the time of revocation of designation until their graduation; provided, if the relevant school is a national school designated and publicly notified by the Minister of Education under the proviso of paragraph (1), the Minister of Education shall, following consultations with the heads of the relevant central administrative agencies and the head of the relevant school, ensure that the curriculum is operated as originally planned. <Added on Feb. 18, 2014; Dec. 9, 2014; Jan. 23, 2024>

(9) Standards for the designation of special-purpose high schools, such as the number of classes, number of students, and standards for facilities of the special-purpose high schools designated by the superintendent of education shall be determined and publicly notified by the superintendent of education. <Added on Jun. 29, 2010; Jun. 7, 2011; Feb. 18, 2014; Dec. 9, 2014; Jan. 23, 2024>

(10) Except as provided in paragraphs (1) through (9), matters necessary for the designation, revocation of designation, and operation of special-purpose high schools shall be determined by Decree of the Ministry of Education. <Added on Jun. 29, 2010; Jun. 7, 2011; Mar. 23, 2013; Feb. 18, 2014; Dec. 9, 2014; Jan. 23, 2024>

Article 90-2(Designation and governance committees of special-purpose high schools) #

(1) A designation and governance committee of special-purpose high schools shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters for the designation and operation of special-purpose high schools in response to requests by the superintendent of education: <Amended on Jun. 7, 2011>

1. Matters concerning a plan to designate and operate special-purpose high schools;

2. Matters concerning the revocation of designation of special-purpose high schools;

3. Matters concerning the operation evaluation of special-purpose high schools;

4. Other matters determined by the superintendent of education concerning the operation, etc. of special-purpose high schools.

(2) Matters necessary for the composition and operation of the designation and governance committees of special-purpose high schools under paragraph (1) shall be prescribed by the educational rules of the relevant City/Do.

(3) Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a designation and governance committee of special-purpose high schools is established under the jurisdiction of the superintendent of education, such committee may replace the function of a designation and governance committee of special-purpose high schools as prescribed by ordinance of the relevant City/Do; provided, where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a designation and governance committee of special-purpose high schools provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the designation and governance committee of special-purpose high schools as prescribed by the educational rules of the relevant City/Do. <Added on Dec. 29, 2017>

[This Article Added on Jun. 29, 2010]

Article 91-2(Designation and governance committees of specialized high schools) #

(1) A designation and governance committee of specialized high schools shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters concerning the designation and operation of specialized high schools in response to requests by the superintendent of education: <Amended on Jun. 7, 2011>

1. Matters concerning a plan to designate and operate specialized high schools;

2. Matters concerning the revocation of designation of specialized high schools;

3. Matters concerning the operation evaluation of specialized high schools;

4. Other matters determined by the superintendent of education concerning the operation, etc. of specialized high schools.

(2) Matters necessary for the composition and operation of the designation and governance committee of specialized high schools under paragraph (1) shall be prescribed by the educational rules of the relevant City/Do.

(3) Notwithstanding paragraphs (1) and (2), where any committee similar in nature and function to a designation and governance committee of specialized high schools is established under the jurisdiction of the superintendent of the education, such committee may replace the function of a designation and governance committee of specialized high schools as prescribed by ordinance of the relevant City/Do; provided, where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to a designation and governance committee of specialized high schools provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the designation and governance committee of specialized high schools as prescribed by the educational rules of the relevant City/Do. <Added on Dec. 29, 2017>

[This Article Wholly Amended on Jun. 29, 2010]

Article 91-3(Autonomous private high schools) #

(1) The superintendent of education may designate and publicly notify a high school that may autonomously operate schools or curricula pursuant to Article 61 of the Act (hereinafter referred to as "autonomous private high school") among private high schools meeting all of the following requirements. In such case, he or she shall obtain prior consent from the Minister of Education: <Amended on Feb. 15, 2013; Mar. 23, 2013; Dec. 9, 2014>

1. It shall not receive labor costs for teachers and staff (excluding voluntary resignation allowances of teachers) and operating expenses for school and curricula pursuant to Appendix 1 of the Enforcement Decree of the Local Education Subsidy Act from the State or a local government;

2. It shall meet the standards for money transferred from a school foundation and standards for operation of curricula prescribed by Decree of the Ministry of Education.

(2) The head of a school foundation or a school that intends to operate an autonomous private high school shall submit an application, stating the following:

1. A founding philosophy of the school and a school operation plan;

2. A curricula operation plan;

3. A plan for conducting an admission process;

4. A plan for the assignment of teachers;

5. Other matters determined and publicly notified by the superintendent of education concerning the operation, etc. of autonomous private high schools.

(3) An autonomous private high school shall select at least 20 percent of students from the following persons. In such case, the Minister of Education and the superintendent of education may, notwithstanding paragraph (1) 1, subsidize expenses incurred in educational activities of those selected under the former part or grant financial support to schools for which the fixed number of students is not registered pursuant to the former part: <Amended on Dec. 30, 2011; Mar. 23, 2013; Nov. 30, 2015>

1. A qualified recipient referred to in subparagraph 1 of Article 2 of the National Basic Living Security Act, or his or her children;

2. A person designated by the superintendent of education, who falls under the second-poorest class referred to in subparagraph 10 of Article 2 of the National Basic Living Security Act, or his or her children;

3. A person entitled to veterans' benefits referred to in subparagraph 2 of Article 3 of the Framework Act on Veterans Affairs, or his or her children;

4. Other persons particularly deemed necessary by the superintendent of education for educational equality.

(4) The head of a school where the number of persons falling under any subparagraph of paragraph (3) and applying for an autonomous private high school falls short of the recruitment quota under the former part of the same paragraph, with the exception of its subparagraphs, may select persons other than those falling under any subparagraph of the same paragraph within 50 percent of the number of persons calculated by subtracting the number of persons applying for recruitment from the recruitment quota. <Added on Jan. 23, 2024>

(5) The head of any autonomous private high school designated as an autonomous private high school after the partially amended Enforcement Decree of the Elementary and Secondary Education Act (Presidential Decree No. 21345) enters into force as at the time the Enforcement Decree of the Elementary and Secondary Education Act (Presidential Decree No. 21357) enters into force shall be selected from among persons who attend middle schools in the region where the relevant high school is located (persons falling under any subparagraph of Article 81 (1) shall reside in the region where the relevant high school is located), at least 20 percent of the admission quota, as long as they are continuously designated as an autonomous private high school. <Added on Jan. 23, 2024>

(6) The superintendent of education may revoke the designation of an autonomous private high school in any of the following circumstances: <Amended on Feb. 18, 2014; Feb. 28, 2020; Jan. 23, 2024>

1. Where the budget has been executed by fraud or other improper means;

2. Where a student was selected by improper means;

3. Where any serious cause for violating the purpose of designation occurs, such as unjust operation of a curriculum;

4. Where the relevant school applies for the revocation of designation due to the occurrence of any cause, etc. that makes the purpose of designation unachievable;

(7) The superintendent of education may request the schools deemed to require improvement as a result of the evaluation of the operation performance, etc., of the relevant school pursuant to paragraph (6) 5 to formulate and implement an improvement plan. <Added on Jan. 23, 2024>

(8) The superintendent of education shall obtain prior consent from the Minister of Education when revoking the designation of an autonomous private high school. <Added on Jun. 7, 2011; Mar. 23, 2013; Dec. 9, 2014; Jan. 23, 2024>

(9) Where the Minister of Education intends to determine whether to consent to the designation of an autonomous private high school under the latter part of paragraph (1) or the revocation of such designation under paragraph (8), the Minister shall undergo deliberation by the designation committee for special-purpose high schools, etc. under Article 105-3. <Amended on Jan. 23, 2024>

(10) Where the designation of an autonomous private high school is revoked under paragraph (6), the superintendent of education shall, in consultation with the head of the relevant school, ensure that the curriculum is operated as originally planned for the students who are attending the relevant school at the time of revocation of designation until their graduation. <Added on Feb. 18, 2014; Dec. 9, 2014>

(11) Except as provided in paragraphs (1) through (10), matters necessary for the designation, revocation of designation, and operation of autonomous private high schools shall be determined by Decree of the Ministry of Education. <Added on Feb. 18, 2014; Dec. 9, 2014>

[This Article Added on Jun. 29, 2010]

Article 92-4(Installation and operation of support centers for high school credit systems) #

(1) A support center for the high school credit system established by the Minister of Education pursuant to Article 48-2 (1) of the Act shall perform the following affairs:

1. Conducting basic research for the development of policies related to the high school credit system;

2. Collecting and analyzing data related to the high school credit system;

3. Conducting research on and develop training materials related to the high school credit system and providing support for teachers’ training;

4. Other affairs to support the smooth operation and improvement of the high school credit system.

(2) The support center for the high school credit system shall perform the following affairs under Article 48-2 (1) of the Act:

1. Supporting the operation of curricula related to the high school credit system of high schools under its jurisdiction;

2. Collecting and analyzing data related to the high school credit system of high schools under its jurisdiction;

3. Other support for the smooth operation and improvement of the high school credit system under its jurisdiction.

(3) Pursuant to Article 48-2 (2) of the Act, the Minister of Education and the superintendent of education may entrust the following corporations or institutions with the affairs provided in the subparagraphs of paragraphs (1) and (2):

1. The Korea Institute for Curriculum and Evaluation, the Korea Research Institute for Vocational Education and Training, and the Korean Educational Development Institute under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

2. Other corporations or institutions deemed by the Minister of Education or the superintendent of education to have expertise in research and support for education policies.

(4) Where the Minister of Education and the superintendent of education entrust affairs pursuant to paragraph (3), he or she shall publicly notify the entrusted institutions and the details of entrusted affairs.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the establishment, operation, etc. of a support center for the high school credit system established by the Minister of Education shall be determined by the Minister of Education, and matters necessary for the establishment, operation, etc. of a support center for the high school credit system established by the superintendent of education shall be determined by the superintendent of education.

[This Article Added on Mar. 22, 2022]

Article 97(Acknowledgement of academic background equivalent to middle school graduates) #

(1) Any of the following persons shall be deemed to have an academic background equivalent to that of a middle school graduate in entering a school of higher grade: <Amended on Jan. 29, 2001; Feb. 17, 2004; Sep. 29, 2005; Apr. 12, 2007; Jun. 28, 2007; Feb. 22, 2008; Nov. 5, 2009; Jun. 29, 2010; Oct. 30, 2013; Jan. 6, 2015; Sep. 15, 2015; Nov. 28, 2017>

1. A person who has passed a middle school equivalency examination;

2. A person who has graduated from a school designated and publicly notified by the superintendent of education, as prescribed by Decree of the Ministry of Education, among schools that are deemed to be able to operate their curricula faithfully, taking into account their curricula corresponding to those of middle schools, their founders, the fixed number of students, the number of school days, school facilities and equipment, and revenue-generating basic properties;

3. A person who has been acknowledged by the superintendent of education through deliberation by the Academic Background Deliberative Committee that he or she has an academic background equivalent to that of a person who has completed school curricula for at least nine years in the Republic of Korea, among those falling under any subparagraph of Article 98-2 (1);

4. A person who has completed a curriculum equivalent to that of a middle school at a lifelong educational facility designated by the superintendent of education;

5. A person who has completed a curriculum equivalent to that of a middle school pursuant to Article 29 (4) of the previous Juveniles Reformatory Act;

6. A person who is acknowledged for his or her academic background of a middle school curriculum pursuant to Article 6 of the Regulations on the Establishment and Operation of Alternative Schools;

7. A person who has completed school curricula for at least nine years or school curricula equivalent to those of a middle school in a foreign country;

8. A person who has completed, other than the school curricula referred to in subparagraph 7, the whole school curricula of a foreign country, which is recognized by the Minister of Education as equivalent to those of a middle school.

(2) Matters necessary for equivalency examinations referred to in paragraph (1) 1 shall be prescribed by Decree of the Ministry of Education. <Amended on Jan. 29, 2001; Feb. 29, 2008; Mar. 23, 2013; Sep. 15, 2015>

Article 98(Acknowledgement of academic background equivalent to high school graduates) #

(1) Any of the following persons shall be deemed to have an academic background equivalent to that of a high school graduate in entering a school of higher grade: <Amended on Jan. 29, 2001; Feb. 17, 2004; Sep. 29, 2005; Apr. 12, 2007; Jun. 28, 2007; Feb. 22, 2008; Nov. 5, 2008; Dec. 12, 2008; Dec. 31, 2008; Nov. 5, 2009; Jun. 29, 2010; Mar. 23, 2013; Oct. 30, 2013; Jan. 6, 2015; Sep. 15, 2015; Sep. 25, 2015; Nov. 28, 2017>

1. A person who has passed a high school equivalency examination;

2. A person who has graduated from a school designated and publicly notified by the superintendent of education, as prescribed by Decree of the Ministry of Education, among schools that are deemed to be able to operate their curricula faithfully, taking into account their curricula corresponding to those of high schools, their founders, the fixed number of students, the number of school days, school facilities and equipment, and revenue-generating basic properties;

3. A person who has been acknowledged by the superintendent of education through deliberation by the Academic Background Deliberative Committee that he or she has an academic background equivalent to that of a person who has completed school curricula for at least 12 years in the Republic of Korea, among those falling under Article 98-2 (1) 1 or 2;

4. A person who falls under Article 16 (1) 3 of the Regulations on Academic Affairs of Korean Advanced Institute of Science and Technology and has passed the admission process of the Korean Advanced Institute of Science and Technology and has made entrance registration, a person who has passed the admission process for bachelor programs of Gwangju Institute of Science and Technology and has made entrance registration, as one falling under Article 30 (1) 3 of the Enforcement Decree of the Gwangju Institute of Science and Technology Act, a person who has passed the admission process for bachelor programs of Daegu Gyeongbuk Institute of Science and Technology and has made entrance registration, as one falling under Article 29 (1) 3 of the Enforcement Decree of the Daegu Gyeongbuk Institute of Science and Technology Act, or a person who has passed the admission process for bachelor programs of Ulsan National Institute of Science and Technology and has made entrance registration, as one falling under Article 16 (1) 3 of the Enforcement Decree of the Ulsan National Institute of Science and Technology Act;

5. A person who has completed a curriculum equivalent to that of a high school at a lifelong educational facility designated by the superintendent of education;

6. A person who has completed a curriculum equivalent to that of a high school pursuant to Article 29 (4) of the previous Juvenile Reformatory Act;

7. A person who has completed a curriculum for at least three academic years at a vocational high school under the previous Education Act (referring to that Act before it was amended by Act No. 3504);

8. A person who is recognized for his or her academic background of a high school curriculum pursuant to Article 6 of the Regulations on the Establishment and Operation of Alternative Schools;

9. A person who has completed school curricula equivalent to those of a high school in a foreign country or a person who has completed the whole curricula of a foreign country which is recognized by the Minister of Education as equivalent to school curricula of at least 12 years in the Republic of Korea.

Article 98-2(Establishment and operation of academic background deliberative committee) #

(1) An academic background deliberative committee shall be established under the jurisdiction of the superintendent of education to deliberate on matters concerning acknowledging the academic background of any of the following persons: <Amended on Oct. 30, 2013; Nov. 28, 2017; Jul. 14, 2020>

1. Persons from the area north of the Military Demarcation Line;

2. Any of the following students whose academic background is difficult to verify:

(a) A multicultural student;

(b) A foreign child or student;

3. Any of the following persons, among those falling under any subparagraph of Article 29 (2):

(a) Persons who have completed an out-of-school educational program acknowledged by the superintendent of education;

(b) Persons who have out-of-school learning experience acknowledged by the superintendent of education.

(2) An academic background deliberative committee shall be comprised of at least five members and up to 30 members, including one chairperson. <Amended on Jul. 14, 2020>

(3) The superintendent of education shall appoint or commission members of an academic background deliberative committee from among public officials in charge of persons falling under any subparagraph of paragraph (1) (hereinafter referred to as "North Korean refugees, etc."), education specialists, and academic background evaluation specialists, and the chairperson shall be elected among members by mutual vote. <Amended on Oct. 30, 2013; Nov. 28, 2017>

(4) The term of office of members of an academic background deliberative committee shall be two years, the term of office of the chairperson shall be one year, and they may be reappointed respectively.

(5) An academic background deliberative committee shall deliberate on: <Amended on Oct. 30, 2013>

1. Matters concerning the standards for acknowledging academic background in consideration of degree of completion of school curricula, scholastic aptitude, age, etc. of North Korean refugees, etc.;

2. Matters concerning persons subject to acknowledging academic background and the timing thereof;

3. Where a North Korean refugee, etc. or his or her guardian makes a request, matters concerning acknowledging academic background and determining his or her academic year;

4. Matters concerning decision and operation of a school pursuant to Article 98-3.

(6) Where it is necessary for deliberation, an academic background deliberative committee may conduct assessment necessary to acknowledge the academic background and determine the academic year of North Korean refugees, etc., including evaluating their learning ability through a specialized institution. <Added on Nov. 28, 2017>

(7) Except as provided in this Decree, matters necessary for organizing and operating an academic background deliberative committee, and the standards, objects, methods, timing, etc. of evaluation for acknowledging academic background, etc., shall be determined by the superintendent of education. <Amended on Nov. 28, 2017>

(8) Notwithstanding paragraphs (1) through (7), where any committee similar in nature and function to the academic background deliberative committee is established under the jurisdiction of the superintendent of education, such committee may replace the function of the academic background deliberative committee as prescribed by ordinance of the relevant City/Do; provided, where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to the academic background deliberative committee provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the academic background deliberative committee as prescribed by the educational rules of the relevant City/Do. <Added on Dec. 29, 2017>

[This Article Added on Feb. 22, 2008]

Article 104-2(Students eligible for assistance with educational expenses and standards for such assistance) #

(1) "Expenses prescribed by Presidential Decree" in Article 60-5 (1) of the Act means the following expenses (hereinafter referred to as "educational expenses"): <Amended on Mar. 23, 2013; Jan. 6, 2015; Sep. 16, 2025>

1. Admission fees and tuition fees;

2. School meal expenses;

3. School operation support funds;

4. Expenses for purchasing textbooks;

5. Financial support for educational informatization for study utilizing information and communications media at home;

5-2. Educational expenses related to career, including career experiences;

6. Other expenses corresponding to those specified in subparagraphs 1 through 5 and 5-2, which are prescribed by the Minister of Education or the superintendent of education.

(2) "Students prescribed by Presidential Decree" in Article 60-5 (1) 3 of the Act means any of the following students: <Amended on Mar. 23, 2013; Sep. 16, 2025>

1. A student in whose case the amount of income of his or her household (referring to the total amount of income and the property converted to income, as prescribed by Decree of the Ministry of Education; hereinafter the same shall apply) falls under the guidelines prescribed by the Minister of Education or the superintendent of education each year;

2. A student in whose case assistance with educational expenses is deemed necessary by the head of the relevant school because his or her guardian falls under any of the following cases:

(a) Death or unknown whereabouts;

(b) Loss of an ability to work due to any disease, accident, or disability;

(d) Other grounds recognized by the superintendent of education as corresponding to those specified in items (a) through (c).

(3) The scope of income to be included in the amount of income referred to in paragraph (2) 1 shall be as follows: <Amended on Mar. 23, 2013; Jun. 21, 2016; Sep. 18, 2018; Jun. 9, 2020>

1. Earned income: Income acquired by supply of labor; provided, the earned income which is non-taxable under the Income Tax Act shall be excluded herefrom, but the following salaries shall be included in the earned income:

(a) Non-taxable salaries prescribed in subparagraph 3 (q) of Article 12 of the Income Tax Act;

(b) Non-taxable salaries prescribed in Article 16 (1) 1 of the Enforcement Decree of the Income Tax Act;

2. Business income:

(a) Agricultural income: Income from seeds cultivation business, fruit growing and horticultural business, sericultural business, plant nursery business, special crops-producing business, cattle feeding business, breeding stock business, or hatchery business, and business incidental thereto;

(b) Forestry income: Income from forest management business, forest products business, or wild bird and animal breeding business, and business incidental thereto;

(d) Other business income: Income from wholesale business, retail business, manufacturing business, or any other business;

3. Property income:

(a) Lease income: Income accruing from the lease of real estate, movable assets, rights, or any other property;

(b) Interest income: Income which is at least the amount prescribed by the Minister of Education among incomes accrued from interests of savings, stocks, and bonds, and distribution of dividends or discount;

(c) Pension income: Pension or income accrued under Article 20-3 (1) 2 of the Income Tax Act and income accrued from Article 4 (1) 1 (b) of the Insurance Business Act;

4. Public transfer income: Various types of allowances, pensions, benefits or other money, and valuables paid or received regularly under statutes, such as the National Pension Act, the Public Officials Pension Act, the Public Officials' Accident Compensation Act, the Military Pension Act, the Military Accident Compensation Act, the Special Post Offices Act, the Pension for Private School Teachers and Staff Act, the Employment Insurance Act, the Industrial Accident Compensation Insurance Act, the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, the Act on Support for Persons Eligible for Veteran’s Compensation, the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations, the Compulsory Motor Vehicle Liability Security Act, and the Act on Honorable Treatment of War Veterans and Establishment of Related Associations; provided, the following money and valuables shall be excluded herefrom:

(a) Livelihood improvement allowances prescribed in Article 14 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, Article 14 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, and Article 13 of the Act on Support for Persons Eligible for Veteran’s Compensation;

(b) War veteran allowances prescribed in Article 6 of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations;

(c) Allowances for military merit honor prescribed in Article 16-2 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

(d) Nursing allowances prescribed in Article 15 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and Article 17 of the Act on Support for Persons Eligible for Veteran’s Compensation;

(e) Subsidies prescribed in Article 30 (2) of the Compulsory Motor Vehicle Liability Security Act and Articles 21 and 22 of the Enforcement Decree of that Act.

(4) The scope of property to be included in the amount of income referred to in paragraph (2) 1 shall be as follows: <Amended on Mar. 23, 2013; Aug. 2, 2016>

1. General property:

(a) Land, buildings, housing, aircraft, and ships referred to in subparagraphs 1 through 5 of Article 104 of the Local Tax Act;

(b) Deposit for lease of housing, commercial buildings, etc. (including security money for lease on a deposit basis);

(c) Movable assets, such as cattle and seeds, the price of which is at least one million won (excluding movable assets prescribed by the Minister of Education, such as rehabilitation aid equipment of persons with any disability), and standing timber prescribed in subparagraph 11 of Article 6 of the Local Tax Act;

(d) Membership rights prescribed in subparagraphs 14 through 18 of Article 6 of the Local Tax Act;

(e) A right to acquire a house as an association member prescribed in Article 89 (2) of the Income Tax Act;

(f) A right to acquire a building and the land annexed thereto as at the time the construction of the building is completed (excluding a right to acquire a house as an association member referred to in item (e));

(g) A fishing right prescribed in subparagraph 13 of Article 6 of the Local Tax Act;

2. Financial property:

(a) Financial assets referred to in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;

(b) Various types of insurances referred to in Article 4 (1) of the Insurance Business Act;

3. Motor vehicles referred to in Article 124 of the Local Tax Act; provided, the following motor vehicles shall be excluded herefrom, but motor vehicles determined by the Minister of Education, such as freight motor vehicles, shall be deemed general property prescribed in subparagraph 1:

(a) Motor vehicles used by persons with disabilities referred to in Article 39 of the Act on Welfare of Persons with Disabilities;

(b) Motor vehicles used by persons with disability ratings prescribed in Article 6-4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State as persons who have rendered distinguished service to the State, etc. under Article 4, 73, or 74 of that Act (including persons who have rendered distinguished service to the State, etc. under Article 73-2 of that Act, which had been valid before it was amended by Act No. 11041) or by persons with grades of injury referred to in Article 6 of the Act on Support for Persons Eligible for Veteran's Compensation as persons eligible for veteran's compensation prescribed in Article 2 of that Act;

(5) The value of property referred to in paragraph (4) shall be the amount of the value calculated by the methods classified as follows, based on the date of investigation referred to in Article 60-8 of the Act (hereinafter referred to as "date of investigation"); provided, where it is impracticable to calculate the value of property, it shall be the value calculated as determined by the Minister of Education, based on the types, transaction status, etc., of the relevant property: <Amended on Mar. 23, 2013; Aug. 2, 2016; Feb. 9, 2018; Feb. 31, 2021; Sep. 16, 2025>

1. In cases falling under paragraph (4) 1 (a): The value determined by the Minister of Education, taking into account the assessed value provided in Article 4 of the Local Tax Act;

2. In cases falling under paragraph (4) 1 (b): Deposit for lease or security money for lease on a deposit basis under a rental contract;

3. In cases falling under paragraph (4) 1 (c): In cases of movable assets, the market value as on the date of investigation; in cases of standing timber, the assessed value referred to in Article 4 (1) 5 of the Enforcement Decree of the Local Tax Act;

4. In cases falling under paragraph (4) 1 (d): The assessed value referred to in Article 4 (1) 9 of the Enforcement Decree of the Local Tax Act;

5. In cases falling under paragraph (4) 1 (e): Amount classified as follows:

(a) Where liquidation money is paid: The total amount of price determined by the management and disposal plans referred to in Article 74 of the Act on the Improvement of Urban Areas and Residential Environments (hereinafter referred to as "estimated value of the existing building") and liquidation money paid;

(b) Where liquidation money is received: An amount calculated by deducting the amount of liquidation money from the estimated value of the existing building;

6. In cases falling under paragraph (4) 1 (f): An amount paid until the date of investigation;

7. In cases falling under paragraph (4) 1 (g): The assessed value prescribed in Article 4 (1) 8 of the Enforcement Decree of the Local Tax Act;

8. In cases falling under paragraph (4) 2: The value of each financial property based on the standards prescribed in Article 104-4 (3) and (5);

9. In cases falling under paragraph (4) 3: The value of motor vehicles determined by the Minister of Education, based on the type of motor vehicles, prescribed number of seats, prescribed loading capacity, manufacturing cost by year of manufacture (referring to an import price, if imported), transaction price, etc.

(6) Detailed criteria on whether a student falls under any case referred to in paragraph (2) 2 shall be determined by the superintendent of education.

[This Article Added on Feb. 15, 2013]

Article 104-4(Scope of members of household and financial information) #

(1) "Persons prescribed by Presidential Decree" in the provision, with the exception of the subparagraphs, of Article 60-6 (2) of the Act means persons classified as follows: <Added on Aug. 2, 2016; Jun. 27, 2023; Sep. 16, 2025>

1. Where a student eligible for support is not an adult (referring to a person who is at the age of at least 19 years or for whom January 1 arrives in the year in which he or she turns 19 years of age; hereafter in this Article the same shall apply): Any of the following persons who are registered, together with the student eligible for support, in the resident registration card for a household or the family relation certificate:

(a) Parents; provided, referring to the grandparents who are registered, together with the student eligible for support, in the resident registration card for a household, where both the father and the mother of the student are deceased or the student falls under paragraph (2);

(b) Brothers and sisters; provided, referring to the brothers and sisters who are adults may be excluded at the choice of the applicant for educational expenses;

2. Where a student eligible for support is an adult: The spouse who is registered, together with the student eligible for support, in the resident registration record card for a household or the family relation certificate.

(2) Where a person falling under paragraph (1), in any of the following cases, he or she shall be excluded from the scope of the household members referred to in Article 60-6 (2) of the Act: <Added on Aug. 2, 2016; Nov. 29, 2016; Sep. 16, 2025>

1. Where the person resides in any other district for performing any legal duty as a soldier in active service or otherwise, and is guaranteed a livelihood with respect to the performance of such duty;

2. Where the person is an inmate of a correctional institution, detention center, or facility for medical treatment and custody referred to in the Administration and Treatment of Correctional Institution Inmates Act, and the Act on Medical Treatment and Custody;

3. Where the procedures for a judicial declaration of disappearance are underway;

4. Where one month has passed since the abscondence from home or unknown whereabouts of the person was reported to an administrative agency such as a police station, or where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter referred to as "head of a Si/Gun/ Gu") confirms the abscondence from home or unknown whereabouts of the person;

5. Where the person’s domicile is registered unknown pursuant to Article 20 (6) of the Resident Registration Act;

6. Where the Minister of Education deems the person either has a residence or sustains a livelihood, separately from the student eligible for support.

(3) "Average deposit balance, and other materials or information prescribed by Presidential Decree" in Article 60-6 (2) 1 of the Act means the following materials or information: <Amended on Aug. 2, 2016; Sep. 16, 2025>

1. Demand deposits, such as an ordinary deposit, a saving deposit and a preferential savings deposit: Average balance within the preceding three months;

2. Savings deposits, such as a term deposit, installment savings deposit, a term saving: Balance of deposit or total amount of deposit;

3. Stocks, beneficiary certificates, investment money, investment shares, or real estate (annuity) trusts: The latest market value. In such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the evaluation of the value of unlisted stocks;

4. Bonds, promissory notes, checks, debt certificates, certificates of preemptive right to new stocks, or transferable deposit certificates: The face value;

5. Annuity savings: The amount paid periodically or the final balance.

(4) "Average deposit balance, and other materials or information prescribed by Presidential Decree" in Article 60-6 (2) 2 of the Act means the following materials or information: <Amended on Aug. 2, 2016; Sep. 16, 2025>

1. Current status of loans and details of arrears;

2. Unsettled credit card balance.

(5) "Materials or information prescribed by Presidential Decree" in Article 60-6 (2) 3 of the Act means the following materials or information: <Amended on Aug. 2, 2016; Sep. 16, 2025>

1. Insurance policies: Amount to be refunded if the insurance contracts are canceled, or insurance money paid within the latest one year;

2. Annuity insurances: Amount to be refunded if the insurance contracts are canceled, or periodically paid amount of money.

[This Article Added on Feb. 15, 2013]

[Title Amended on Aug. 2, 2016]

Article 104-5(Requests for, and provision of, financial information) #

(1) Where the Minister of Education or the superintendent of education requests, pursuant to Article 60-7 of the Act, the head of a financial company, etc. (referring to a financial company, etc. as defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and the Committee for Centralized Management of Credit Information as defined in Article 25 (2) 1 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to submit the financial information, credit information and insurance information referred to in Article 60-6 (2) 1 through 3 of the Act (hereinafter referred to as "financial information, etc.") of a student eligible for support and his or her household members, such request shall be made in documents specifying the following matters: <Amended on Mar. 23, 2013; Aug. 2, 2016; Aug. 4, 2020; Sep. 16, 2025>

1. Names and resident registration numbers of the student eligible for support and his or her family members;

2. Scope of financial information requested to provide, basic date of inquiry, and inquiry period.

(2) When the head of a financial company, etc., in receipt of the request under paragraph (1) provides the relevant financial information, etc., to the Minister of Education or the superintendent of education, it shall be provided in documents specifying the following matters: <Amended on Mar. 23, 2013; Aug. 2, 2016>

1. Names and resident registration numbers of the student eligible for support and his or her family members;

2. Name of the financial company, etc., that provides the financial information, etc.;

3. Names of financial instruments on which information is provided and the account numbers thereof;

4. Details of financial information, etc.

(3) The Minister of Education or the superintendent of education may request the head of a financial company, etc. to provide financial information, etc., referred to in paragraph (1) through the information and communications network of an association or federation, of which the relevant financial company, etc. is a member. <Amended on Mar. 23, 2013>

[This Article Added on Feb. 15, 2013]

Article 105(Special cases on operation of schools and curricula) #

(1) The superintendent of education may designate and operate any of the following national, public, or private elementary schools, middle schools, high schools, and special schools as a school that may operate a school or curricula autonomously (hereinafter referred to as "autonomous school") pursuant to Article 61 of the Act; provided, where the superintendent of education intends to designate a national school as an autonomous school, he or she shall have a prior consultation with the Minister of Education: <Amended on Jan. 17, 2011; Mar. 23, 2013; Aug. 2, 2016; Sep. 24, 2019; Mar. 23, 2021; Jun. 27, 2023>

1. A school that provides education to students with learning disabilities, etc.;

2. A school that operates various and specialized curricula to develop an individual student's aptitude and abilities;

3. A school that operates special curricula in order to develop creativity and cultivate the personality of students;

4. A specialized middle school;

5. A high school tailored to industrial demand and a specialized high school;

6. A school in an agricultural, mountainous, or fishery area referred to in subparagraph 4 of Article 3 of the Special Act on Quality Improvement of Life of Farmers and Fishers and Development Promotion of Agricultural and Fishing Villages;

7. Other schools particularly deemed necessary by the superintendent of education.

(2) The head of a school who intends to operate an autonomous school shall prepare an application containing the following matters and submit it to the superintendent of education:

1. A school operation plan;

2. A curricula operation plan;

3. A plan for conducting an admission process;

4. A plan for the assignment of teachers;

5. Other matters determined and publicly notified by the superintendent of education concerning the operation, etc. of autonomous schools.

(3) Notwithstanding paragraph (2), the superintendent of education may designate, ex officio, a public school particularly deemed necessary for improving the academic ability of students as an autonomous school. In such cases, the head of the school designated by the superintendent of education shall without delay prepare the matters referred to in each subparagraph of paragraph (2) and submit them to the superintendent of education.

(4) An autonomous school shall be designated and operated by up to five years and may be extended and operated, as determined by the superintendent of education.

(5) The Minister of Education or the superintendent of education shall provide support necessary for the operation of autonomous schools. <Amended on Mar. 23, 2013>

(6) Except as provided in paragraphs (1) thorough (5), matters necessary for the designation and operation of autonomous schools shall be determined and publicly notified by the superintendent of education. <Amended on Mar. 23, 2013; Mar. 23, 2021>

[This Article Wholly Amended on Jun. 29, 2010]

Article 105-4(Designation and governance committee of autonomous schools) #

(1) A designation and governance committee of autonomous schools shall be established under the jurisdiction of the superintendent of education to deliberate on the following matters concerning the designation and operation of autonomous schools in response to requests by the superintendent of education: <Amended on Jun. 29, 2010; Jun. 7, 2011; Feb. 28, 2020; Jan. 23, 2024>

1. Matters concerning a plan to designate and operate autonomous schools, etc.;

2. Matters concerning the extension of a period and revocation of designation of autonomous schools, etc.;

3. Matters concerning the operation evaluation of autonomous schools, etc.;

4. Other matters determined by the superintendent of education with respect to the operation, etc. of autonomous schools, etc.

(2) Matters necessary for the composition and operation of the designation and governance committee of autonomous schools under paragraph (1) shall be determined by the educational rules of the relevant City/Do. <Amended on Feb. 28, 2020; Jan. 23, 2024>

(3) Notwithstanding paragraphs (1) and (2), where a committee similar in nature and function to a committee for the designation and operation of autonomous schools, etc. is established under the jurisdiction of the superintendent of education, such committee may replace the function of the designation and operation committee for autonomous schools, etc. as prescribed by ordinance of the relevant City/Do; provided, where the statutes or regulations or municipal ordinances which serve as the basis for the establishment of a committee similar in nature and function require the superintendent of education to determine matters related to the composition and operation of the committee as prescribed by educational rules, such committee may replace it as prescribed by educational rules of the relevant City/Do. <Added on Dec. 29, 2017; Feb. 28, 2020; Jan. 23, 2024>

[This Article Added on Mar. 27, 2009]

[Title amended on Feb. 28, 2020; Jan. 23, 2024]

Article 106-2(Delegation of authority and entrustment of duties) #

(1) The Minister of Education shall delegate the following authority to the superintendent of education under Article 62 (1) of the Act: <Amended on Jan. 29, 2001; Jan. 29, 2005; Feb. 29, 2008; Dec. 30, 2011; Jul. 24, 2012; Feb. 15, 2013; Mar. 23, 2013>

1. Assessment of schools under the jurisdiction of the Minister of Education under Article 9 (2) of the Act;

2. Examinations and granting of qualification for advanced skills teachers under Article 21 (3) of the Act;

3. Acknowledgement of qualifications for principals pursuant to Appendix 1 of the Act;

4. Examinations and granting of qualification for those who fall under subparagraph 9 of qualification for regular teachers of middle schools (Grade II) referred to in Appendix 2 of the Act.

(2) The Minister of Education or the superintendent of education shall entrust the following duties to the Minister of Health and Welfare under Article 62 (3) of the Act: <Added on Feb. 15, 2013; Mar. 23, 2013; Sep. 16, 2025>

1. Request for provision of financial information, etc., for proving property under Article 60-7 of the Act;

2. Request for provision of data under Article 60-8 (2) of the Act;

3. Renewal of data under Article 104-6 (2).

(3) The Minister of Education or the superintendent of education shall delegate or entrust the following duties to the heads of Sis/Guns/Gus pursuant to Article 62 (3) of the Act: <Added on Feb. 15, 2013; Mar. 23, 2013; Aug. 2, 2016; Sep. 16, 2025>

1. Receipt of applications for assistance with educational expenses under Article 60-6 of the Act;

2. Request to submit data for verifying eligibility for assistance with educational expenses, and inquiries and investigations therefor under Article 60-8 (1) of the Act;

3. Rejection of applications for assistance with educational expenses or revocation, suspension or change of determinations to grant assistance, under Article 60-8 (4) of the Act.

[This Article Added on Feb. 28, 2000]

[Title Amended on Feb. 15, 2013]

Article 106-3(Management of sensitive information and personally identifiable information) #

(1) The Minister of Education and the superintendent of education (including persons to whom the authority of the Minister of Education or the superintendent of education is delegated or entrusted under Article 30-4 (2) of the Act or Article 13-6 or 106-2 of this Decree) may handle the data which contain resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Amended on Mar. 23, 2013; Aug. 6, 2014; Jan. 6, 2015; May 8, 2017; Jun. 20, 2017; Feb. 25, 2020; Feb. 28, 2020; Sep. 22, 2020; Jan. 23, 2024; Sep. 16, 2025>

1. Affairs related to the educational statistics survey under Article 11-2 (1) of the Act;

1-2. Affairs related to the execution of examinations recognizing an equivalent academic background with the graduates of elementary schools, middle schools, or high schools under Article 27-2 of the Act;

2. Affairs related to the receipt and handling of applications for assistance with educational expenses under Article 60-6 of the Act;

3. Affairs related to the request for provision of financial information, etc., under Article 60-7 of the Act;

4. Affairs related to the investigations, inquiries, etc., under Article 60-8 of the Act;

5. Affairs related to building up and operating an information system for assistance for and handling the applications for assistance with educational expenses under Article 60-9 of the Act;

5-2. Affairs related to the collection of expenses under Article 60-11 of the Act;

6. Affairs related to the admission and transfer of students returning from overseas, multicultural students, etc., under Article 19;

7. Affairs related to the transfer to elementary schools under Article 21;

8. Affairs related to the allocation of middle schools under Article 71;

9. Affairs related to the transfer, etc., to middle schools under Article 73;

10. Affairs related to the admission, transfer and transfer admission of students returning from overseas, multicultural students, etc. under Article 75;

11. Affairs related to the admission process under Articles 81, 81-2, 82, and 82-2;

12. Affairs related to selection and assignment method for new students of schools of second group under Article 84;

13. Affairs related to the transfer, etc., to high schools under Article 89;

14. Affairs related to the admission, transfer and transfer admission of returning students, etc. under Article 89-2;

15. Affairs related to the receipt of application for, and the execution and handling of qualification examinations, the issuance of various types of certificates, and other relevant affairs under Articles 96 (2), 97 (2) and 98 (2).

(2) The head of a national and public school and the manager of a school foundation or a private school (including persons to whom appointing authority is delegated under Article 42 (2)) may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the appointment of an industrial-educational teacher, etc referred to in Article 22 of the Act. <Added on Aug. 6, 2014>

(3) Where it is unavoidable for the head of an elementary school, middle school, high school, special school, or miscellaneous school to perform the following affairs, he or she may process information falling under criminal record data under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act (limited to the affairs under subparagraph 1) and materials containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of that Decree: <Amended on Sep. 30, 2025>

1. Affairs related to confirming whether a candidate for membership of a school governance committee or a member of such committee falls under any ground for disqualification under Articles 31-2 and 31-3 of the Act;

2. Affairs referred to in paragraph (1) 6, 7 and 9 through 14.

(4) A deliberation committee on academic background may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the deliberation on recognition of academic background under Article 98-2. <Added on Aug. 6, 2014>

(5) The head of a school who may recognize academic background and determine a grade under Article 98-3 may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform such affairs. <Added on Aug. 6, 2014>

(6) The head of a high school may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Added on Aug. 6, 2014; Oct. 18, 2016>

1. Affairs related to the management of enrollment of high school students, etc. under Article 92-2;

2. Affairs related to the decision-making on a grade and admission to the high school under Article 98-4.

(7) The head of an elementary school may handle the data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the change of the school to enter under Article 18. <Added on Oct. 18, 2016>

(8) The head of an elementary school or a middle school may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Added on Oct. 18, 2016>

1. Affairs related to the urging for school enrollment under Article 25;

2. Affairs related to the decision-making on exemption from or postponement of obligation of school enrollment under Article 28 (2) or (3);

3. Affairs related to the management of a school register for persons whose obligation of school enrollment is postponed, etc. under Article 29.

(9) The head of a school may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the preparation of school records under Article 25 (1) of the Act. <Added on Oct. 18, 2016>

(10) A compulsory education management committee may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the affairs related to the deliberation on the matters set forth in the subparagraphs of Article 25-2 (1). <Added on Oct. 18, 2016>

(11) The head of an Eup/Myeon/Dong may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Added on Oct. 18, 2016>

1. Affairs related to the preparation of a list of school children under Article 15;

2. Affairs related to a notice of school enrollment under Article 17;

3. Affairs related to urging for school enrollment under Article 26.

(12) The head of a district office of education may handle the data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Added on Oct. 18, 2016>

1. Affairs related to urging for school enrollment under Article 26;

2. Affairs set forth in the subparagraphs of Article 27-2 (2).

(13) The superintendent of education may handle the data classified as follows, if it is inevitable to perform the following affairs: <Amended on Mar. 27, 2017>

1. Authorization for the establishment of a private school under Article 4 of the Act: Information that constitutes a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing resident registration numbers or alien registration numbers under Article 19 of that Decree;

2. Affairs set forth in the subparagraphs of Article 27-2 (2): Data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act.

[This Article Added on Feb. 15, 2013]

[Title Amended on Mar. 27, 2017]

[Moved from Article 104-7; previous Article 106-3 moved to Article 106-4 <May 8, 2017>]

ENFORCEMENT DECREE OF THE ELEMENTARY AND SECONDARY EDUCATION ACT

Article 1(Purpose) #

Article 2(Establishment standards for schools) #

Article 3(Application for authorization on establishment of private schools) #

Article 4(Application for authorization on closure of private schools) #

Article 5(Application for authorization on modification of authorized matters of private schools) #

Article 6 #

Article 7(Annex school) #

Article 8(Guidance for encouragement of learning) #

Article 9(Matters to be specified in school regulations) #

Article 10(Assessment of students) #

Article 11(Classification of institutions to be assessed) #

Article 12(Standards for assessment) #

Article 13(Procedures and disclosure of assessment) #

Article 13-2(Exceptions to free high school education) #

Article 13-3(Information to be collected through educational statistics surveys) #

Article 13-4(Procedures for educational statistics surveys and disclosure of result thereof) #

Article 13-5(Preparation of education-related indices and predictive statistics) #

Article 13-6(Designation of national educational statistics center and entrustment of affairs) #

Article 14(Consultation of entrustment) #

Article 15(Making list of schoolchildren) #

Article 16(Notification of admission date) #

Article 17(Notice of school enrollment) #

Article 18(Change of schools to enter) #

Article 19(Admission and transfer of students returning from overseas and multicultural students) #

Article 20 #

Article 21(Procedures for change of schools at elementary schools) #

Article 22 #

Article 23 #

Article 24 #

Article 25(Urging, warning, and notification of school enrollment by heads of elementary schools and middle schools) #

Article 25-2(Establishment of compulsory education management committee) #

Article 26(Urging and warning for school enrollment and reporting by head of eup/myeon/dong and heads of district offices of education) #

Article 27(Measures for encouragement of school enrollment) #

Article 27-2(Establishment of organization exclusive for management of school enrollment) #

Article 28(Exemption or postponement of obligation of school enrollment) #

Article 28-2(Administrative data matching) #

Article 29(School register management for persons granted postponement) #

Article 30(Guarantee of students' self-governing activities) #

Article 31(Discipline of students) #

Article 31-2(Application for reexamination by person expelled from school) #

Article 31-3(Organization of discipline mediation committees) #

Article 31-4(Operation of discipline mediation committee) #

Article 32 #

Article 33 #

Article 34 #

Article 35 #

Article 36 #

Article 36-2(Non-assignment of assistant principals) #

Article 36-3 #

Article 36-4 #

Article 36-5(Teachers in charge of classes) #

Article 37 #

Article 38 #

Article 39 #

Article 40(Teachers of special schools) #

Article 40-2(Standards for allocating specialized itinerant counselors) #

Article 40-3(Student guidance and counseling) #

Article 41(Qualifications for teachers) #

Article 42(Industrial-educational teachers) #

Article 42-2(Formulation and implementation of plan for subsequent support for curricula) #

Article 43(Subjects) #

Article 43-2(Scope and methods of advance consultation on impact of curricula) #

Article 44(Semesters) #

Article 45(Number of school days) #

Article 46(Organization of classes) #

Article 47(School holidays) #

Article 48(Methods of operating lessons) #

Article 48-2(Methods of operating lessons during free learning semesters) #

Article 49(Lesson time) #

Article 49-2(Administrative data matching for preparation of school records) #

Article 50(Completion and graduation) #

Article 51(Number of classes and number of students) #

Article 52(Student allocation plans) #

Article 53(Early promotion and early graduation) #

Article 54(Education and policies for students with learning difficulties) #

Article 54-2(Construction and operation of database for students with learning difficulties) #

Article 54-3(Training for improvement of learning ability of students with learning difficulties) #

Article 54-4(Fact-finding survey on multicultural education) #

Article 54-5(Establishment and operation of multicultural education support center) #