Article 9(Application for authorization for establishment of private kindergartens) #
(1) Any person who intends to obtain authorization for establishment of a private kindergarten pursuant to Article 8 (2) of the Act shall file an application for authorization for establishment of a school, stating the objectives, name, location, scheduled opening date, etc. with the superintendent of education, along with the following documents (including electronic documents), as prescribed by Decree of the Ministry of Education: <Amended on Nov. 30, 2015>
1. Kindergarten regulations referred to in Article 10 of the Act (hereinafter referred to as "kindergarten regulations");
2. A cadastral map of a kindergarten site or practice site;
3. A ground plan of a kindergarten building (including a sport ground);
4. Where the founder is a corporation, documents concerning the registration and contributions;
5. Where the founder is a private person, documents concerning his or her ability to pay expenses and make repayments;
6. In the case of a person to be appointed as the head of the relevant kindergarten, the following documents:
(a) Documents necessary to prove his or her qualifications;
(b) A written consent to sexual criminal record check;
(c) A statement of identity;
7. Other documents prescribed by Decree of the Ministry of Education, such as documents related to facilities and equipment.
(2) The founder or operator of a private kindergarten who intends to obtain authorization for the closure of the private kindergarten pursuant to Article 8 (4) of the Act shall file an application for authorization for closure of a school, stating the reasons for and the scheduled date of closure, with the superintendent of education, along with the following documents (including electronic documents), as prescribed by Decree of the Ministry of Education: <Amended on Aug. 6, 2019>
1. A support plan for young children, including transferring the relevant kindergarten students to another kindergarten;
1-2. A disposal plan for facilities and equipment of the relevant kindergarten;
2. Other documents prescribed by Decree of the Ministry of Education, such as a document on the disposal of property.
(3) The superintendent of education shall consider the following to grant authorization for the kindergarten closure pursuant to Article 8 (4) of the Act: <Added on Aug. 6, 2019>
1. Appropriateness of the scheduled date of the kindergarten closure;
2. Appropriateness of a support plan for young children;
3. Opinions of the relevant kindergarten parents on the kindergarten closure;
4. Other matters necessary to protect young children's right to learn.
(4) Detailed standards for consideration under paragraph (3) and other matters necessary to grant authorization for the kindergarten closure shall be determined by the superintendent of education. <Added on Aug. 6, 2019>
(5) Where the superintendent of education grants authorization for the kindergarten closure pursuant to Article 8 (4) of the Act, he or she shall check whether measures of transferring to another kindergarten are taken for the young children of the relevant kindergarten. <Added on Aug. 6, 2019>
(6) "Important matters prescribed by Presidential Decree" in Article 8 (4) of the Act means the following: <Amended on Nov. 30, 2015; Aug. 6, 2019>
1. Founder or operator of a kindergarten;
2. Objectives;
3. Name;
4. Location;
5. Matters falling under Article 10 (1) 2, 6, 8, or 9, among those required to be stated in kindergarten regulations;
6. A cadastral map of a kindergarten site or practice site;
7. A ground plan of a kindergarten building (including a sports ground).
(7) The founder or operator of a private kindergarten who intends to obtain authorization for modification pursuant to Article 8 (4) of the Act shall file an application for authorization for modification of a school, stating the reasons for modification, the matters to be modified, and the date of modification, with the superintendent of education, along with documents (including electronic documents) related to the matters to be modified, as prescribed by Decree of the Ministry of Education. <Amended on Aug. 6, 2019>
(8) Upon receipt of an application for authorization for the closure of a private kindergarten or authorization for modification under Article 8 (4) of the Act, the superintendent of education shall notify an applicant of whether to grant authorization or reasons for delaying the processing of such application, within the following periods from the date of receipt of the application: <Added on Mar. 13, 2018; Aug. 6, 2019; Jul. 13, 2021>
1. Closure of the kindergarten: 60 days;
2. Change of the location of the kindergarten: 30 days;
3. Change of the founder or operator of the kindergarten: 15 days.
[This Article Wholly Amended on Jan. 6, 2015]