Article 5(Establishment of Korean schools) #
(1) Any one who intends to establish and operate a Korean school shall be a juristic person or an organization falling under any of the following subparagraphs, and receive approval from the Minister of Education under paragraphs (2) and (3) (hereinafter referred to as "approval for establishment"): <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Any juristic person or organization which can establish a school equivalent to a school under Article 2 of the Elementary and Secondary Education Act, in accordance with statutes or regulations of a nation where any Korean school is expected to be located (hereinafter referred to as "nation where a school is to be located");
2. Any juristic person or organization under the statutes of the Republic of Korea.
(2) Any juristic person or organization which intends to receive approval for establishment under paragraph (1) shall draw up the articles of association (referring to operational regulations, in cases of organizations), including the following matters, the list of property necessary for establishing a Korean school and plans on the establishment of Korean schools, and apply for approval for establishment to the Minister of Education, via the heads (hereinafter referred to as "heads of diplomatic missions") of diplomatic missions abroad of the Republic of Korea, in charge of nations where schools are to be located: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Objectives;
2. Name;
3. The location of the principal office;
4. Name and location of Korean schools to be established and operated;
5. Matters concerning the asset and the accounting;
6. Matters concerning the number, or the appointment and dismissal of executive officers;
7. Matters regarding the board of directors;
8. Matters relating to revisions to the articles of association;
9. Matters regarding dissolution;
10. Matters concerning an administrative office and employees;
11. Matters concerning remunerations, official duties, guarantee of status or disciplinary action of teachers and employees in Korean schools;
12. Other matters necessary for operating a juristic person, an organization or Korean schools.
(3) The Minister of Education who has received applications for approval for establishment under paragraph (2), shall make a decision on whether to grant approval to applicants, after examining the need for the establishment of Korean schools, and the validity of the articles of association or lists of property submitted under paragraph (2) and plans on the establishment of Korean schools, and notify the juristic person or organization which applied for approval for establishment, of his or her decision, via the heads of diplomatic missions. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
(4) When any juristic person or organization (hereinafter referred to as "school juristic person"), which has received approval for establishment under paragraph (3), intends to operate Korean schools, it shall receive approval (hereinafter referred to as "approval for operation") from the Minister of Education. The same shall apply to establishment of the curriculum of higher or lower schools in Korean schools already established and operated. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(5) Any school juristic person, which intends to receive approval for operation under paragraph (4) shall have facilities, school regulations, operational plans or plans for procuring financial resources necessary for operating Korean schools, and apply for approval for operation to the Minister of Education, after going through the heads of diplomatic missions, and the Minister of Education who has received an application for approval for operation shall make a decision on whether to grant approval, and notify the relevant school juristic person which has applied for approval for operation, of his or her decision, via the heads of diplomatic missions. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
(6) Necessary matters concerning an application for approval for establishment or operation, procedures for approval and standards for facilities necessary for the establishment and operation of Korean schools pursuant to the provisions of paragraphs (2) through (5) shall be prescribed by Decree of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>