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EARLY CHILDHOOD EDUCATION ACT — 법갈피

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EARLY CHILDHOOD EDUCATION ACT

법률일부개정시행 2026-02-12교육부 · 제21075호 · 공포 2025-11-11

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to prescribe matters related to early childhood education under Article 9 of the Framework Act on Education. <Amended on Mar. 24, 2010>

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Mar. 24, 2010; Mar. 21, 2012>

1. "Young children" means those from three years of age up to those right before their first enrollment at an elementary school;

2. "Kindergarten" means a school that is established and operated for the education of young children pursuant to this Act;

3. "Protector" means a person with parental rights, guardian, or any other virtual protector of a young child;

4. Deleted; <Mar. 21, 2012>

5. Deleted; <Mar. 21, 2012>

6. "After school programs" means extracurricular and child care activities conducted after the regular curriculum under Article 13(1).

Article 3(Responsibilities) #

The State and local governments shall share with protectors of young children the responsibility of educating the young children in a sound or healthy manner.

Article 3-2(Master plans for development of early childhood education) #

(1) The Minister of Education shall set the goals of and directions for medium- and long-term policies for the early childhood education and formulate and implement a master plan for development of early childhood education (hereinafter referred to as "master plan"). <Amended on Mar. 23, 2013>

(2) The Minister of Education shall formulate a master plan every five years, after undergoing deliberation by the Central Early Childhood Education Committee under Article 5(1). <Amended on Mar. 23, 2013>

Article 6-2(Statistical survey on education) #

(1) The Minister of Education shall conduct a statistical survey on education every year in order to collect basic data on the young children in a kindergarten, teaching staff and other personnel, kindergartens, educational administrative agencies, etc. necessary for efficiently implementing policies for and conducting research on early childhood education and shall make its results public.

(2) The Minister of Education shall prepare education-related index and prediction statistics, such as the estimation of the number of students, by using data collected from the statistical survey on education under paragraph (1) (hereafter in this Article referred to as "statistical survey on education") and statistics and administrative data under Article 3 of the Statistics Act for the efficient formulation, enforcement, and evaluation of policies on early childhood education. <Amended on Mar. 24, 2020>

(3) The Minister of Education may request the head of a central administrative agency, the head of a local government, the superintendent of education, and the heads of the relevant institutions, such as the heads of public institutions under the Act on the Management of Public Institutions to submit data in order to conduct a statistical survey on education and prepare education-related index and prediction statistics under paragraph (2). <Amended on Mar. 24, 2020>

(4) The superintendent of education may request the competent kindergarten, the head of an educational administrative agency, etc. to provide data for the submission of data under paragraph (3). In such cases, the competent kindergarten, the head of the educational administrative agency, etc. so requested shall comply therewith, unless there is a compelling reason not to do so; and the superintendent of education shall make efforts to minimize the burden of the competent kindergarten, the educational administrative agency, etc. <Amended on Mar. 24, 2020>

(5) The Minister of Education may request the head of a central administrative agency, the head of a local government, the superintendent of education, or the heads of the relevant institutions, such as the heads of public institutions under the Act on the Management of Public Institutions, in possession of the relevant data to share such data to enhance the accuracy of the statistical survey on education and of preparation of education-related index and prediction statistics and to lessen the burden of the affairs. In such cases, the head of the agency so requested shall comply therewith, unless there is a compelling reason not to do so. <Amended on Mar. 24, 2020>

(6) The Minister of Education may collect personal information including resident registration numbers of the following persons at the time of performing a statistical survey on education and may provide such information to the institutions requested to share them under paragraph (5) or may be provided with such information for the purpose of a statistical survey, analysis, verification, etc.: <Amended on Mar. 24, 2020>

1. Teaching staff and other personnel of the kindergartens and educational administrative agencies subject to survey;

2. Young children attending the kindergartens subject to survey and their graduates.

(7) The Minister of Education may provide the data collected from a statistical survey on education to a person who intends to use them. In such cases, except for the items disclosed to the public pursuant to the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions, such data shall be provided to the person in a form in which it is impossible to specifically identify an individual, corporation, or organization. <Amended on Mar. 24, 2020>

(8) The Minister of Education may designate a national education statistics center to entrust the affairs relating to a statistical survey on education, etc., as prescribed by Presidential Decree. In such cases, the Minister of Education may subsidize expenses incurred in the designation and entrustment of such affairs.

(9) Except as provided in paragraphs (1) through (8), matters necessary for the subject matters, procedures, disclosure of the results, etc. regarding a statistical survey on education and preparation of education-related index and prediction statistics shall be prescribed by Presidential Decree. <Amended on Mar. 24, 2020>

[This Article Added on Mar. 21, 2017]

Article 8(Establishment of kindergartens) #

(1) Any person who intends to establish a kindergarten shall meet the standards prescribed by Presidential Decree concerning facilities, equipment, etc. <Amended on Mar. 24, 2010>

(2) Any person who intends to establish a private kindergarten shall obtain authorization from the superintendent of education. <Amended on Mar. 24, 2010; Jan. 26, 2012>

(3) Where an application for authorization is filed under paragraph (2), the superintendent of education shall authorize the establishment of the kindergarten except in any of the following cases: <Added on Mar. 21, 2012; Dec. 19, 2017; Jan. 29, 2020; Mar. 23, 2021>

1. Where it fails to meet the standards for the establishment of facilities, equipment, etc. under paragraph 1;

2. Where it is not appropriate for a placement plan for young children which is formulated by the superintendent of education, as prescribed by Presidential Decree;

3. Where the founder or operator of a kindergarten has received an order of suspension of business operation under Article 32(1) or (3) and three years have not elapsed;

4. Where it fails to meet other restrictions provided for in this Act or other statutes or regulations.

(4) A person who establishes or operates a private kindergarten shall obtain authorization from the superintendent of education where he or she intends to close the kindergarten or to change important matters prescribed by Presidential Decree; where he or she intends to close the kindergarten, he or she shall notify guardians of the following matters before applying for authorization: <Amended on Mar. 24, 2010; Mar. 21, 2012; Nov. 11, 2025>

1. Plans and procedures for closing the kindergarten;

2. Plans for measures to transfer enrolled children to other schools.

(5) Where an application for authorization to close a kindergarten is filed under paragraph (4), the superintendent of education shall verify whether the notification under the semicolon of the same paragraph has been made before granting authorization. <Added on Nov. 11, 2025>

Article 19-3(Establishment of kindergarten operation committees) #

(1) A kindergarten shall establish a kindergarten operation committee in order to enhance autonomy of the operation of a kindergarten and provide various and creative education programs according to the regional circumstances and characteristics; provided, a kindergarten the size of which is less than that prescribed by Presidential Decree need not establish a kindergarten operation committee. <Amended on Jan. 29, 2020>

(2) A kindergarten operation committee established under a kindergarten shall consist of the representatives from teaching staff and parents of the kindergarten.

(3) A person falling under any subparagraph of Article 33 of the State Public Officials Act shall not be a member of a kindergarten operation committee. <Added on Dec. 22, 2020>

(4) When any member of a kindergarten operation committee falls under any subparagraph of Article 33 of the State Public Officials Act, he or she shall duly retire from his or her position as a member. <Added on Dec. 22, 2020>

(5) The number of members of a kindergarten operation committee established under a kindergarten shall be prescribed by Presidential Decree, ranging from five to 11 members, in consideration of the size, etc. of the kindergarten. <Amended on Dec. 22, 2020>

(6) Where a kindergarten is established as an annexe under Article 9, if necessary, it may operate a kindergarten operation committee integrated into the operation committee of the school to which it has been established as an annexe. In such cases, the school operation committee shall include at least one representative from the teaching staff and one from the parents of the kindergarten. <Amended on Dec. 22, 2020>

(7) Kindergarten operation committees established under paragraph (1) shall prepare minutes and make public such minutes, as prescribed by Presidential Decree. <Added on Jan. 29, 2020; Dec. 22, 2020>

[This Article Added on Mar. 21, 2012]

[Title Amended on Dec. 22, 2020]

Article 25(Kindergarten tuition) #

(1) A founder and operator of a kindergarten may receive payment of educational expenses, such as tuition fees, and other payments (hereinafter referred to as "kindergarten tuition"), as prescribed by Decree of the Ministry of Education . In such cases, kindergarten tuition may be determined according to the following standards: <Amended on Feb. 29, 2008; Mar. 24, 2010; Mar. 23, 2013; Mar. 27, 2015>

1. The type of use of a kindergarten under Article 12(2);

2. Whether young children who will receive education are those of eligible recipients under the National Basic Living Security Act;

3. Whether the area in which the kindergarten is located falls under a socially vulnerable area, such as an area densely populated with low-income groups, or an agricultural or fishing area.

(2) The standards for determining socially vulnerable areas under paragraph (1)3 shall be prescribed by Presidential Decree. <Amended on Mar. 27, 2015>

(3) No kindergarten shall set the rate of increase in kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years. <Added on Mar. 27, 2015>

(4) Notwithstanding paragraph (3), a national kindergarten that fulfills the standards established by the Minister of Education in consideration of the following matters may receive kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years, after deliberation by the Central Early Childhood Education Committee referred to in Article 5(1), and a public or private kindergarten that fulfills the standards established by the superintendent of education may receive kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years after deliberation by City/Do Early Childhood Education Committees referred to in that paragraph, respectively: <Added on Mar. 27, 2015>

1. Expenses borne by the State and local governments pursuant to Article 24(2);

2. Standard expenses of early childhood education referred to in Article 24(4).

(5) Other matters necessary for the methods, etc. of calculation and collection of kindergarten tuition shall be prescribed by Decree of the Ministry of Education . <Added on Mar. 27, 2015>

[Title Amended on Mar. 27, 2015]

Article 32(Closure of kindergartens) #

(1) Where it is impossible for a kindergarten to normally operate its curriculum due to any of the following causes, the competent agency may order suspension of business operation for up to one year or closure of the kindergarten: <Amended on Mar. 24, 2010; May 29, 2016; Jan. 29, 2020>

1. Where the head, founder, or operator of the kindergarten violates this Act, an order under this Act, or any other education-related statute or regulation by intention or gross negligence;

2. Where the head, founder, or operator of the kindergarten violates orders issued by the competent agency under this Act or any other education-related statute or regulation at least three times;

2-2. Where the head, founder, or operator of the kindergarten commits child abuse under subparagraph 7 of Article 3 of the Child Welfare Act;

2-3. Where a person who is under the management and supervision of the head, founder, or operator of the kindergarten, such as kindergarten personnel, commits child abuse under subparagraph 7 of Article 3 of the Child Welfare Act; provided, this shall not apply where the head, founder, or operator of the kindergarten is not negligent in giving due attention and supervision to prevent child abuse by kindergarten personnel, etc.;

3. Where the kindergarten fails to operate its curriculum for at least three consecutive months excluding the period of business suspension.

(2) The competent agency may order any person who uses the name "kindergarten" or any other name similar thereto without obtaining authorization for establishment of the kindergarten referred to in Article 8(2) to close the relevant facilities. <Amended on Mar. 24, 2010; Mar. 21, 2012>

(3) Where a young child aboard a school bus for children (including getting on and off the school bus for children) dies or sustains a serious injury prescribed by Decree of the Ministry of Education as a result of a traffic accident that occurred during the operation of the school bus for children without a protector aboard the school bus for children (including cases where a report of a school bus for children referred to in Article 52 of the Road Traffic Act has not been filed), in violation of Article 53(3) of that Act, the competent agency may order closure of the relevant kindergarten, or suspension of business operation for up to one year. <Added on Feb. 3, 2015>

[Title Amended on Feb. 3, 2015]

EARLY CHILDHOOD EDUCATION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities) #

Article 3-2(Master plans for development of early childhood education) #

Article 4(Early Childhood Education and Nursery Committee) #

Article 5(Early Childhood Education Committee) #

Article 6(Early childhood education and development institutes) #

Article 6-2(Statistical survey on education) #

Article 7(Classification of kindergartens) #

Article 8(Establishment of kindergartens) #

Article 8-2(Grounds for disqualification) #

Article 8-3(Order to receive training) #

Article 9(Establishment of attached kindergartens) #

Article 9-2(Obligation to establish kindergartens) #

Article 10(Kindergarten regulations) #

Article 11(Entering kindergarten) #

Article 12(School year) #

Article 13(Curriculum) #

Article 14(School records) #

Article 15(Special schools) #

Article 16(Kindergartens for foreigners) #

Article 17(Medical check-ups and provision of meals) #

Article 17-2(Restrictions on provision of data on young children) #

Article 17-3(Emergency measures) #

Article 18(Guidance and supervision) #

Article 19(Evaluation) #

Article 19-2(Building and operation of early childhood education information system) #

Article 19-3(Establishment of kindergarten operation committees) #

Article 19-4(Functions of kindergarten operation committees) #

Article 19-5(Organization and operation of kindergarten operation committees) #

Article 19-6(Training of members of kindergarten operation committees) #

Article 19-7(Establishment of accounts of kindergartens) #

Article 19-8(Operation of accounts of kindergartens) #

Article 20(Classification of kindergarten personnel) #

Article 21(Duties of kindergarten personnel) #

Article 21-2(Guarantee of human rights for young children) #

Article 21-3(Guidance on children's daily life by the head and teachers) #

Article 21-4(Duties of protectors) #

Article 21-5(Protection of teachers' personal information) #

Article 22(Qualifications for teaching staff) #

Article 22-2(Grounds for disqualification from obtaining qualifications for teachers) #

Article 22-3(Separate sentence for punishment of fines) #

Article 22-4(Prohibition of lending and arrangement of lending of certificates of qualification of teaching staff) #

Article 22-5(Revocation of qualification) #

Article 23(Instructors) #

Article 24(Free education) #

Article 25(Kindergarten tuition) #

Article 26(Burden of expenses) #

Article 26-2 #

Article 26-3 #

Article 26-4 #

Article 26-5 #

Article 27(Support for operation of after school programs) #

Article 28(Return of subsidies) #

Article 28-2(Prohibition of use of name of kindergarten) #

Article 29(Delegation and entrustment of authority) #

Article 30(Orders to make corrections or modifications) #

Article 30-2(Announcement of violations) #

Article 31(Orders for business suspension and temporary closure) #

Article 32(Closure of kindergartens) #

Article 33(Hearings) #

Article 34(Penalty provisions) #

Article 35(Administrative fines) #