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Article 4(Formulation and Implementation of Plans for Prevention of School Safety-Related Accidents) #

(1) The Minister of Education shall formulate and implement a master plan for the prevention of school safety-related accidents (hereinafter referred to as "master plan") every three years.

(2) A master plans shall include the following matters:

1. Basic direction-setting and objectives of policies for preventing accidents inside and outside schools;

2. Matters concerning the basic guidelines for the operation of educational activities inside and outside of schools to prevent school safety-related accidents;

3. Matters concerning school safety education, such as prevention of accidents at schools and disaster preparedness drills;

4. Deleted; <Dec. 3, 2019>

5. Matters concerning diffusion of safety culture in schools;

6. Other matters necessary for preventing accidents at schools.

(3) The Minister of Education shall publicly announce a master plan formulated pursuant to paragraph (1) after deliberation by the Committee for Prevention of Accidents at Schools under Article 4-2. The same shall also apply to any amendment thereto.

(4) Where necessary to formulate a master plan, the Minister of Education may request the heads of the relevant central administrative agencies to submit relevant data. Upon receipt of such request, the heads of the relevant central administrative agencies shall comply therewith, unless there is a compelling reason not to do so.

(5) The superintendent of education shall formulate and implement a regional plan for the prevention of accidents at schools (hereinafter referred to as "regional plan") every year in accordance with the master plan.

(6) The head of a school shall formulate and implement a school plan for the prevention of accidents at schools (hereinafter referred to as "school plan") every year in accordance with the curriculum of the school or the educational plan determined by the head of a school based on a master plan and regional plan, subject to deliberation by the school governance committee.

(7) The superintendent of education shall annually evaluate the school plan for the relevant year and the results of implementation according to the school plan for the previous year, as prescribed by Presidential Decree, and submit them to the Minister of Education, as prescribed by Presidential Decree.

(8) Other matters necessary for the formulation, implementation, evaluation, etc. of plans shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Jan. 20, 2015]

Article 8(Implementation of School Safety Education) #

(1) In order to prevent accidents at schools, the head of a school shall conduct the following education (hereinafter referred to as "safety education") on the prevention of accidents at schools, etc. to students, teachers and staff, and participants in educational activities, as prescribed by Ordinance of the Ministry of Education, and report the results thereof to the superintendent of education for each semester: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 20, 2015; Feb. 3, 2015; Feb. 3, 2016; Mar. 23, 2021>

1. Traffic safety education, education on health and hygiene management, such as prevention of infectious diseases and misuse and abuse of drugs, and education on safety in preparation for disasters under Article 31 of the Child Welfare Act;

2. Prevention education for school violence under Article 15 of the Act on the Prevention of and Countermeasures against Violence in Schools;

3. Education necessary to prevent sexual violence under Article 5 of the Sexual Violence Prevention and Victims Protection Act;

4. Prostitution prevention education under Article 5 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims;

5. Education on safety accident prevention when the curriculum under Article 23 of the Elementary and Secondary Education Act is operated as an experience-oriented educational activity;

6. Safety education under statutes related to safety accidents.

(2) Deleted. <Jan. 20, 2015>

(3) The Minister of Education and the superintendent of education shall develop and distribute teaching materials and programs necessary for safety education, including the following matters, and shall provide support necessary for safety education, such as arranging instructors to be in charge of safety education prescribed by Ordinance of the Ministry of Education, at the request of the heads of schools, etc.: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 20, 2015>

1. Matters concerning prevention of and countermeasures against safety accidents;

2. Matters concerning disaster preparedness drills and safety drills;

3. Other matters deemed necessary by the Minister of Education.

(4) The head of a school shall, if necessary, conduct safety education in parallel with theoretical education and practical training, but in order to efficiently conduct safety education, the head may have teachers or participants in educational activities take charge of such education, or entrust such education to a specialized educational institution, organization, or expert, as prescribed by Ordinance of the Ministry of Education. <Amended on Jan. 26, 2012; Jan. 20, 2015>

Article 8-2(Duty of Heads of Schools to Inspect and Verify Safety Measures for Educational Activities) #

(1) Where the head of a school directly conducts educational activities, the head of a school shall take necessary measures, such as inspecting and verifying safety measures to prevent accidents at schools.

(2) Where the head of a school entrusts educational activities to a related institution or organization, etc., the head of the school shall inspect and verify the following matters to prevent accidents at schools:

1. Whether the establishment of an institution, organization, etc. to be entrusted is authorized or permitted;

2. Whether a person has purchased an insurance, etc. to cover liability for damages caused by an accident that occurs during educational activities;

3. Whether youth training facilities under subparagraph 1 of Article 10 of the Youth Activity Promotion Act implement youth training activity programs certified under Article 36 of that Act;

4. In cases of youth training facilities under subparagraph 1 of Article 10 of the Youth Activity Promotion Act, whether safety inspections and safety education under Articles 18, 18-2, 18-3, 19, and 19-2 of that Act are conducted, the results of comprehensive evaluation, and whether improvement measures are taken accordingly;

5. Whether other educational activities programs are safety inspections, safety measures, etc. conducted pursuant to relevant statutes or regulations for educational activities.

(3) The head of an institution or organization, the head of a local government, etc. in receipt of a request for inspection or confirmation by the head of a school under paragraph (2) shall comply with such request.

(4) The procedures, methods, scope, and procedures for and methods of inspecting and verifying safety measures for educational activities of the heads of schools under paragraphs (1) through (3) and other necessary matters shall be prescribed by Presidential Decree.

[This Article Newly Inserted on May 14, 2014]

Article 20(Appointment of Executive Officers of Mutual Aid Association) #

(1) The chairperson of a mutual aid association shall be appointed by the superintendent of education from among directors.

(2) The directors of a mutual aid association shall be appointed by the superintendent of education from among persons recommended by a mutual-aid subscriber, persons who represent the beneficiary or persons with parental authority or guardianship of the beneficiary or other persons who are obligated to support the beneficiary under other statutes (hereinafter referred to as "guardians, etc."), and any of the following persons: <Amended on Apr. 11, 2007; Mar. 23, 2021>

1. A person who has served or is serving as a State public official of Grade IV or higher (including public officials and senior school supervisors belonging to the Senior Executive Service under Article 2-2 of the State Public Officials Act (hereinafter referred to as the "Senior Executive Service") or a local public official;

2. Persons qualified as attorneys-at-law or certified public accountants;

3. A person qualified as a medical specialist under Article 77 of the Medical Service Act (hereinafter referred to as "medical specialist");

4. A person who holds or is holding an associate professor or higher position at a university or college, industrial college, teachers' college, junior college, broadcasting and correspondence college, technical college, or various kinds of schools (hereinafter referred to as "university or college") under Article 2 of the Higher Education Act.

(3) The auditor of a mutual aid association shall be appointed by the superintendent of education from among persons falling under any subparagraph of paragraph (2). <Amended on Mar. 23, 2021>

(4) Matters necessary for the appointment of directors, such as the recommendation of mutual aid subscribers under paragraph (2), shall be prescribed by the articles of association of the mutual aid association.

(5) The term of office of the chief director, directors, and auditors shall be three years, and they may be reappointed.

Article 36(Medical Care Benefits) #

(1) Medical care benefits shall be paid to the beneficiary or his or her guardian, etc. where the beneficiary is injured or suffers from a disease due to an accident at a school.

(2) Medical care benefits shall be an amount borne by the beneficiary or his or her guardian, etc. pursuant to Article 44 of the National Health Insurance Act out of the expenses incurred in medical treatment of an injury or disease suffered by the beneficiary due to an accident at a school: Provided, That where the amount of compensation for damage caused by the exercise of the Corporation's right to demand a reimbursement is determined under Article 58 of the National Health Insurance Act by a court ruling, etc., the portion to be borne by the head of a school shall be borne by the mutual aid association. <Amended on Dec. 31, 2011; Mar. 21, 2012>

(3) The scope of medical care benefits under paragraph (2) shall be as follows: <Amended on Apr. 23, 2019; Mar. 23, 2021>

1. Medical examinations and tests;

2. Provision of medicines and materials for medical treatment;

3. Treatment, operation and other medical treatment;

4. Rehabilitative treatment;

5. Hospitalization;

6. Nursing;

7. Escort;

8. Deleted. <Sep. 24, 2021>

(4) Notwithstanding the provisions of paragraphs (1) through (3), the following expenses shall be borne by a mutual aid association, considering medical care benefits under this Act as health care benefits: <Amended on Sep. 24, 2021>

1. Expenses incurred in implementing measures under Article 16 (1) 1 through 3 of the Act on the Prevention of and Countermeasures against Violence in Schools due to Acts under subparagraph 1 of Article 2 of that Act;

2. Expenses incurred in prescribing and purchasing auxiliary devices for persons with disabilities under Article 65 (1) of the Act on Welfare of Persons with Disabilities, such as artificial legs, dryers, glasses, eyeglasses, and hearing aids;

3. Nursing care fees where it is deemed that another person's nursing care is medically required in the condition of an injury or disease of the beneficiary under medical care.

(5) Where the beneficiary's guardians, etc. provide nursing care under paragraph (4) 3, notwithstanding that subparagraph, incidental expenses incurred in providing nursing care shall be paid. <Newly Inserted on Sep. 24, 2021>

(6) Matters necessary for the standards, etc. for the payment of health care benefits and incidental expenses under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2012; Sep. 24, 2021>

Article 41(Claim for and Payment of Mutual Aid Benefits) #

(1) Any person who intends to receive mutual aid benefits under Articles 36 through 40 shall request a mutual aid association to pay the mutual aid benefits in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>

(2) Upon receipt of a request under paragraph (1), a mutual aid association shall determine whether to pay mutual aid benefits within 14 days from the date of receipt of the request for mutual aid benefits: Provided, That where it is impracticable to determine whether to pay mutual aid benefits within 14 days due to justifiable grounds, such as the necessity of investigation under Article 42, 14 days may be extended.

(3) When the period for determining whether to pay mutual aid benefits is extended pursuant to paragraph (2), the person who has requested the payment of mutual aid benefits shall be notified of the grounds therefor before the period for determining whether to pay the mutual aid benefits is extended, specifying the grounds therefor before the initial period for determining whether to pay the mutual aid benefits expires.

(4) Where a mutual aid association determines to pay mutual aid benefits, it shall pay mutual aid benefits to a person who has requested the payment of mutual aid benefits without delay: Provided, That where an application is filed by a person who has requested the payment of mutual aid benefits or where the mutual aid association deems it necessary, all or part of the mutual aid benefits may be paid first even before the date of determination of payment.

(5) When the mutual aid association has decided not to pay all or part of the mutual aid benefits pursuant to Article 43, it shall, without delay, notify the members of the mutual aid association and the persons who have requested the payment of the mutual aid benefits of the grounds therefor. In such cases, the mutual aid association shall notify the persons who have requested the payment of the mutual aid benefits of the fact that they may file a request for examination pursuant to Article 57 and the procedures, period, etc. for filing a request for examination.

Article 43(Restrictions on Mutual Aid Benefits) #

(1) In any of the following cases, a mutual aid association may choose not to pay all or some of the mutual aid benefits under this Act: Provided, That the mutual aid benefits shall not be paid in cases falling under subparagraph 3: <Amended on Mar. 23, 2021>

1. Self-harm or suicide by beneficiaries: Provided, That where self-harm or suicide is caused by an accident at a school, all mutual aid benefits shall be paid;

2. Where it is obvious that the state of injury, disease, illness, or disability of the beneficiary aggravated or obstructs the medical treatment of the beneficiary because the beneficiary who suffers from a school safety accident or his or her guardian, etc. fails to comply with the instructions of the relevant health care institution without good cause;

3. Where a person entitled to receive mutual aid benefits under Articles 36 through 40 (hereinafter referred to as "beneficiary") in connection with an accident at a school receives compensation for damage under the Compulsory Motor Vehicle Liability Security Act.

(2) When determining the amount of mutual aid benefits pursuant to Article 35, a mutual aid association may exclude expenses necessary for the treatment of a pre-existing illness, injury, or physical disability if the pre-existing illness, injury, or physical disability is aggravated by an accident at a school. <Newly Inserted on Sep. 24, 2021>

(3) In calculating disability benefits, nursing benefits, and bereaved family benefits under Articles 37 through 39, a mutual aid association may offset such benefits, if the beneficiary is at fault. <Newly Inserted on Sep. 24, 2021>

(4) Where a mutual aid subscriber who has joined a mutual aid association pursuant to the proviso of Article 12 fails to pay the mutual aid fees under Article 49 for a period not less than the period prescribed by Ordinance of the Ministry of Education, and such default is attributable to the beneficiary, the mutual aid association may choose not to pay the mutual aid benefits until it pays the full amount. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021; Sep. 24, 2021>

(5) Necessary matters concerning persons subject to restrictions on the payment of mutual aid benefits under paragraphs (2) and (3), standards therefor, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Sep. 24, 2021>

Article 49(Mutual Aid Fees) #

(1) A mutual aid subscriber shall pay the mutual aid fees to a mutual aid association. In such cases, the member of the mutual aid association may collect all or some of the amount to be appropriated for the mutual aid fees from the beneficiary, as prescribed by Presidential Decree. <Amended on Mar. 23, 2021>

(2) A mutual aid association shall appropriate the mutual aid fees collected pursuant to paragraph (1) as the revenue of the school safety mutual aid and accident prevention fund under Article 52.

(3) The Minister of Education shall determine and publicly notify the standards for calculating mutual aid fees each business year by reflecting the trend of occurrence of accidents at schools during the last three years prior to the year before the previous year, the outcomes of payment of mutual aid benefits, operational expenses of mutual aid projects, prevention projects, etc. in the year before the previous year, the inflation rate, etc., as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>

(4) A mutual aid association shall calculate mutual aid fees based on the standards for calculating mutual aid fees publicly notified pursuant to paragraph (3), taking into consideration the trend of occurrence of accidents at schools within its jurisdiction, the results of payment of mutual aid benefits, the types and scale of schools, etc., and notify the mutual aid subscribers thereof.

(5) Where a mutual aid subscriber who has been notified of the mutual aid fees calculated pursuant to paragraph (4) has an objection to the mutual aid fees notified pursuant to paragraph (4), he or she may file an objection with the Mutual Aid Association in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>

(6) The Minister of Education or the superintendent of education may take measures necessary for correcting violations, such as an order to pay mutual aid fees, against a mutual aid member who fails to fulfill the obligation to pay mutual aid fees under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted on Jan. 20, 2015>

Article 62(School Safety Mutual Aid Compensation Reexamination Committee) #

(1) The School Safety Mutual Aid Compensation Reexamination Committee (hereinafter referred to as the "Reexamination Committee") shall be established under the Insurance Federation to deliberate and adjudicate on applications for reexamination under Article 61.

(2) The Reexamination Committee shall be comprised of not less than 9 but not more than 15 members, including one chairperson.

(3) The chairperson of the Reexamination Committee shall be appointed by the Minister of Education from among its members, and members of the Reexamination Committee shall be appointed or commissioned by the Minister of Education from among the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>

1. A person who has served or is serving as a State public official of Grade II or higher (including public officials who are members of the Senior Executive Service and school supervisors) or a local public official;

2. A person who is licensed as an attorney at law;

3. A person who is licensed as a medical specialist;

4. A person who has at least 10 years' work experience in the field of insurance business, such as a certified damage adjuster, etc.;

5. A person who holds office at least 15 years of educational experience as a person who holds office at any school level equivalent to or lower than high school level and has at least 10 years of educational experience;

6. A person who holds or is holding an associate professor or higher position at a university or college;

7. Parents' representatives;

8. Other persons prescribed by Ordinance of the Ministry of Education, who have qualifications equivalent to those referred to in subparagraphs 1 through 5, as prescribed by Ordinance of the Ministry of Education.

(4) The term of office of each member of the Examination Committee shall be 2 years and may be renewed consecutively.

(5) Matters necessary for the operation, etc. of the Reexamination Committee shall be prescribed by Presidential Decree.

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Support by State or Local Governments) #

Article 4(Formulation and Implementation of Plans for Prevention of School Safety-Related Accidents) #

Article 4-2(Composition of Committee for Prevention of School Safety-Related Accidents) #

Article 4-3(Fact-Finding Survey) #

Article 5(Responsibility for Prevention of Accidents at Schools) #

Article 6 #

Article 7 #

Article 8(Implementation of School Safety Education) #

Article 8-2(Duty of Heads of Schools to Inspect and Verify Safety Measures for Educational Activities) #

Article 8-3(Department Dedicated to Prevention of and Countermeasures against Accidents at Schools) #

Article 9(Commissioning Honorary School Safety Personnel) #

Article 10(Guidelines for Safety Measures and Management of Safety Accidents) #

Article 10-2(Support for Organizations for Activities for Preventing Accidents at Schools) #

Article 10-3(Counseling Support) #

Article 11(Implementation of Projects for Mutual Aid for Compensation of Accidents at Schools) #

Article 12(Subscribers to School Safety Mutual Aid) #

Article 13(Withdrawal from School Safety Mutual Aid) #

Article 14(Beneficiaries of School Safety Mutual Aid) #

Article 15(Establishment of School Safety Mutual Aid Association) #

Article 16(Name) #

Article 17(Articles of Incorporation) #

Article 18(Projects of Mutual Aid Associations) #

Article 19(Executive Officers of Mutual Aid Association) #

Article 20(Appointment of Executive Officers of Mutual Aid Association) #

Article 21(Grounds for Disqualification of Executive Officers of Mutual Aid Association) #

Article 22(Board of Directors) #

Article 23(Appointment and Dismissal of Employees of Mutual Aid Association) #

Article 24(Finance of Mutual Aid Association) #

Article 25(Guidance and Supervision) #

Article 26(Prohibition of Use of Similar Names) #

Article 27(Application Mutatis Mutandis of the Civil Act) #

Article 28(Establishment of School Safety and Insurance Federation) #

Article 29(Projects of Insurance Federation) #

Article 30(Executive Officers of Insurance Federation) #

Article 31(Appointment and Term of Office of Executive Officers) #

Article 32(Finance of Insurance Federation) #

Article 33(Provisions Applicable Mutatis Mutandis) #

Article 34(Types of Mutual Aid Benefits) #

Article 35(Determination of Amount of Mutual Aid Benefits) #

Article 36(Medical Care Benefits) #

Article 37(Disability Benefits) #

Article 38(Nursing Benefits) #

Article 39(Bereaved Family's Benefits) #

Article 40(Funeral Expenses) #

Article 40-2(Consolation Benefits) #

Article 41(Claim for and Payment of Mutual Aid Benefits) #

Article 42(Investigation of Accidents at Schools) #

Article 43(Restrictions on Mutual Aid Benefits) #

Article 44(Claim for Mutual Aid Benefits against Beneficiaries) #

Article 45(Relationship to Other Compensation and Liability) #

Article 46(Restitution of Unjust Enrichment) #

Article 47(Protection of Eligibility to Receive Benefits) #

Article 48(Compensation for Expenses) #

Article 49(Mutual Aid Fees) #

Article 50(Notice of Payment of Mutual Aid Fees) #

Article 51(Bearing of Mutual Aid Fees by State) #

Article 52(Establishment and Creation of Fund) #

Article 53(Use of Fund) #

Article 54(Management and Operation of Fund) #

Article 55(Fund Operation Plans) #

Article 56(Surplus, Losses, and Borrowings) #

Article 57(Filing of Request for Examination) #

Article 58(School Safety Mutual Aid Compensation Examination Committee) #

Article 59(Deliberation and Decision on Request for Examination) #

Article 60(Effect of Decision) #

Article 61(Filing of Request for Reexamination) #

Article 62(School Safety Mutual Aid Compensation Reexamination Committee) #

Article 63(Deliberation and Ruling on Application for Reexamination) #

Article 64(Effect of Adjudication) #

Article 65(Prescription) #

Article 66(Service of Documents) #

Article 67(Request for Provision of Data) #

Article 68(Request for Medical Examination) #

Article 69(Maintenance of Confidentiality) #

Article 70(Legal Fiction as Public Officials in Application of Penalty Provisions) #

Article 71(Penalty Provisions) #

Article 72(Administrative Fines) #