Article 1(Purpose) #
The purpose of this Act is to guarantee citizens' right to know and promote academic studies and research on policies by providing for the duty to disclose information held and managed by each education-related institution and fundamental matters necessary for such disclosure, and also to prescribe special exceptions to the Official Information Disclosure Act in order to encourage participation in school education and enhance the efficiency and transparency of educational administration.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Feb. 4, 2010; Dec. 31, 2011; Dec. 11, 2012>
1. The term "information" means any matter recorded in a document (including an electronic document), drawing, photograph, film, tape, slide, or any other similar medium prepared or acquired by an education-related institution for its business in connection with school education;
2. The term "disclosure" means that an education-related institution allows the inspection of any information, delivers a copy or reproduction of such information made pursuant to this Act, or discloses or provides any information through the information and communications network under subparagraph 10 of Article 2 of the Electronic Government Act (hereinafter referred to as "information and communications network");
3. The term "publication" means a way of disclosure by which an education-related institution notifies or provides information held and managed by it, in advance, through the information and communications network or by a means specified by any other Act and subordinate statute, irrespective of inspection and delivery of information or citizens' demands for such inspection or delivery;
4. The term "education-related institution" means a school, an educational administrative agency, or an educational research institute;
5. The term "school" means a kindergarten established under Article 8 of the Early Childhood Education Act, a school established under Article 4 of the Elementary and Secondary Education Act or Article 4 of the Higher Education Act, or a school established by any other Act (excluding schools specified by Presidential Decree as those as to which it is difficult to make publication of information due to national defense or public security);
6. The term "educational administrative agency" means an agency under Article 2 (4) of the Educational Officials Act;
7. The term "educational research institute" means an institution under Article 2 (5) of the Educational Officials Act or an institution established to specialize in research and surveys on education pursuant to any other Act.
Article 3(Principle of Disclosure of Information) #
(1) Each education-related institution shall disclose information held and managed by it in compliance with the provisions of this Act.
(2) No information published or provided pursuant to this Act shall include personal information of students and teaching staff.
Article 4(Relationships with other Acts) #
Except as provided for in this Act, the disclosure of information and other relevant matters shall be governed by the Official Information Disclosure Act.
Article 5(Information, etc. subject to Publication by Elementary and Secondary Schools) #
(1) The head of a school that provides elementary or secondary education shall publish each of the following information which is held and managed by the school, at least once a year. In such cases, the head of such school shall submit the information so published (hereinafter referred to as "published information") to the superintendent of education, while the Minister of Education or the National Education Committee may, if deemed necessary, require the head of such school to submit materials related to the published information: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 20, 2021>
1. Regulations on the operation of the school, such as school rules;
2. Matters concerning the composition and operation of curriculum;
3. Changes in students, such as the number of students in each grade and each class, students transferred in and out, and students who have given up education;
4. The current status of learning in each grade and each class of the school;
5. Matters concerning school facilities, such as school site and buildings;
6. Matters concerning the current status of teaching staff by position and qualification;
7. Matters concerning the accounting of the school and its foundation, including details of budget and settlement of accounts;
8. Matters concerning the school steering committee;
9. Matters concerning school meals;
10. Matters concerning public health management, environmental sanitation, and safety control;
11. Matters concerning incidents of school violence and dispositions thereof;
12. Matters concerning basic data for academic research on evaluation of achievements of education at a nationwide level or at the level of each City/Do;
13. Matters concerning the admission of students and postgraduate courses of graduates;
14. Matters concerning orders for correction, etc. under Articles 63 through 65 of the Elementary and Secondary Education Act;
15. Other matters concerning educational conditions, the status of school operation, etc.
(2) Neither the superintendent of education nor the Minister of Education shall provide the name of an individual school, when disclosing materials under paragraph (1) 4 or 12, and the scope of information that may be disclosed with regard to location shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 5-2(Information subject to Publication by Kindergartens) #
(1) The head of a kindergarten shall publish each of the following information which is held and managed by the kindergarten, at least once a year. In such cases, the head of such kindergarten shall submit the published information to the superintendent of education, while the Minister of Education or the National Education Committee may, if deemed necessary, require the head of the kindergarten to submit materials related to the published information: <Amended on Mar. 21, 2012; Mar. 23, 2013; Jul. 20, 2021>
1. Basic information about the kindergarten, such as rules and facilities;
2. Matters concerning kindergarteners and teaching staff;
3. Matters concerning the curricula of the kindergarten and the organization and operation of after-school programs;
4. Matters concerning the accounting of the kindergarten, including fees, and details of budgets and settlement of accounts;
5. Matters concerning the feeding programs, health care management, environment and hygiene, and safety management of the kindergarten;
6. Matters concerning orders for correction, etc. under Articles 30 through 32 of the Early Childhood Education Act;
7. Other matters concerning the educational conditions and operational status of the kindergarten, etc.
(2) Necessary matters concerning the specific scope of information that may be published pursuant to paragraph (1), and the frequency and timing of such publication shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 31, 2011]
Article 6(Information subject to Publication by Higher Educational Institutions) #
(1) The head of a school that provides higher education shall publish each of the following information which is held and managed by the school, at least once a year. In such cases, the head of such school shall submit the published information to the Minister of Education: <Amended on Feb. 29, 2008; May 8, 2009; Mar. 23, 2013>
1. Regulations on the operation of the school, such as school rules;
2. Matters concerning the composition and operation of curriculum;
3. Matters concerning the method and time schedule for selecting students;
4. Matters concerning the current status of students, such as the enrollment ratio and the number of students enrolled;
5. Matters concerning courses taken by students after graduation, such as the current status of students going on to a higher school and those employed;
6. Matters concerning the current status of full-time teaching staff;
7. Matters concerning the achievements of full-time teaching staff in research;
8. Matters concerning the accounting of the school and its foundation, including details of budget and settlement of accounts;
8-2. Matters concerning grounds for calculation of tuition fees and education expenses per student;
9. Matters concerning orders for correction, etc. under Articles 60 through 62 of the Higher Education Act;
10. Plans for development and specialization of the school;
11. The current status of research made by teaching staff, education for students, and cooperations between industries and academic circles;
12. The current status of support for libraries and research;
13. Other matters concerning educational conditions, the status of school operation, etc.
(2) If necessary for citizens' convenience, the Minister of Education may classify information published by heads of schools pursuant to paragraph (1) by type and area of schools to disclose the information. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) Necessary matters concerning the specific scope of information that may be published pursuant to paragraph (1), the frequency and timing of such publication, and the method of disclosing information pursuant to paragraph (2) shall be prescribed by Presidential Decree.
Article 7(Recommendation of Publication) #
(1) The Minister of Education shall prepare and distribute forms necessary for publication under Articles 5, 5-2, and 6 and shall also collect and manage the published information. <Amended on Feb. 29, 2008; Dec. 31, 2011; Mar. 23, 2013>
(2) The Minister of Education may designate an institution for overall administration and institutions for administration of each item in order to collect and manage the published information under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013>
(3) The superintendent of education shall collect and manage the published information pursuant to Articles 5 and 5-2. <Amended on Feb. 18, 2020>
(4) The Minister of Education or the superintendent of education shall recommend the heads of education-related institutions who either fail to disclose or publish information or are negligent in disclosure or publication, as prescribed by this Act, to correct such failure or negligence as follows: <Newly Inserted on Feb. 18, 2020>
1. Educational-related institutions under the jurisdiction, guidance, or supervision of the superintendent of education pursuant to the Early Childhood Education Act, the Elementary and Secondary Education Act, the Local Education Autonomy Act, and other statutes or regulations: The superintendent of education;
2. Education-related institutions other than those specified in subparagraph 1: The Minister of Education.
Article 8(Promotion of Academic Research) #
(1) The head of each education-related institution may provide materials held and managed by the institution, to a researcher or any similar person as prescribed by Presidential Decree, for the promotion of academic research and the development of educational policies.
(2) No person who has been provided with materials pursuant to paragraph (1) shall unduly use or divulge such materials for any purpose other than the purposes originally stated. <Amended on Dec. 31, 2011>
Article 8-2(Collection, Linkage, Processing, and Provision of Information Held and Managed by Education-Related Institutions) #
(1) The Minister of Education and the superintendent of education may collect, link, or process information held and managed by the head of any education-related institution for the purpose of use for establishing educational policies, promoting academic research, preparing statistics, etc.: Provided, That in cases of the superintendent of education, such collection, linkage, or processing of information shall be limited to schools and educational administrative agencies in Cities/Dos under his or her jurisdiction, among education-related institutions. <Amended on Mar. 23, 2013>
(2) The Minister of Education and the superintendent of education may provide researchers, etc. with information collected, linked or processed under paragraph (1), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(3) In cases falling under paragraphs (1) and (2), information shall be collected or provided in a manner that the relevant individuals, corporations, organizations, etc. are unidentifiable.
(4) No person who has been provided with materials pursuant to paragraph (2) shall unduly use or divulge such materials for any purpose other than the purposes originally stated.
(5) Necessary matters concerning the collection of information under paragraph (1) and the provision of information under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 31, 2011]
Article 9(Delegation of Authority) #
The authority of the Minister of Education under this Act may be partially delegated to the superintendent of education or any similar person, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 10(Order for Correction or Rectification) #
(1) The Minister of Education or the superintendent of education shall order the head of an education-related institution who fails to disclose information specified in this Act or discloses false information, to make a correction or rectification as classified in each subparagraph of Article 7 (4) (hereinafter referred to as "classification by jurisdiction"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
(2) If the head of a school, subject to an order for correction or rectification under paragraph (1) or a recommendation under Article 7 (4), fails to comply with the order or recommendation within a specified period without good cause, the Minister of Education or the superintendent of education may take measures, such as the reduction of the fixed number of students, pursuant to Article 30 (2) of the Early Childhood Education Act, Article 63 (2) of the Elementary and Secondary Education Act, or Article 60 (2) of the Higher Education Act in accordance with classification by jurisdiction. <Amended on Feb. 18, 2020>
Article 10-2(Orders for Correction or Rectification concerning Use of Disclosed or Published Information) #
(1) In conducting public relations for a school, or labeling or advertising a school under the Act on Fair Labeling and Advertising, no head of a school shall inform information different from the information disclosed or published under this Act.
(2) If the Minister of Education or the superintendent of education deems it necessary to verify whether the head of a school violates paragraph (1), he or she may request the head of the relevant school to submit relevant materials in accordance with classification by jurisdiction. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(3) The head of a school requested to submit relevant materials pursuant to paragraph (2) shall submit the relevant materials to the Minister of Education or the superintendent of education, unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(4) When the head of a school violates paragraph (1), the Minister of Education or the superintendent of education shall order the head of such school to correct or rectify such violation in accordance with classification by jurisdiction. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(5) Where the head of a school refuses to submit the relevant materials under paragraph (3) or fails to implement the orders for correction or rectification under paragraph (4) within a specified period without good cause, the Minister of Education or the superintendent of education may take measures, such as the reduction of the fixed number of students, pursuant to Article 30 (2) of the Early Childhood Education Act, Article 63 (2) of the Elementary and Secondary Education Act, or Article 60 (2) of the Higher Education Act, in accordance with classification by jurisdiction. <Amended on Dec. 31, 2011; Mar. 23, 2013; Feb. 18, 2020>
(6) In any of the following cases, the Minister of Education or the superintendent of education shall, without delay, post the relevant fact on the website of the information and communications network publishing school information: <Amended on Mar. 23, 2013; Feb. 18, 2020>
1. Where he or she issues an order for correction or rectification pursuant to paragraph (4);
2. Where he or she takes measures under paragraph (5);
3. Other similar matters prescribed by Presidential Decree.
(7) Matters necessary for requests for submitting materials under paragraph (2), submission of materials under paragraph (3), orders for correction or rectification under paragraph (4), measures taken under paragraph (5), and posting under paragraph (6) shall be prescribed by Presidential Decree.
Article 11(Penalty Provisions) #
If a person who is provided with materials pursuant to Article 8 (1) or 8-2 (2) violates Article 8 (2) or 8-2 (4), he or she shall be punished by imprisonment for not more than one year, or by a fine not exceeding 10 million won. <Amended on Dec. 31, 2011>
Article 12(Relationships to the Official Information Disclosure Act) #
The Official Information Disclosure Act shall be applied to the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions in accordance with the following subparagraphs: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020>
1. "Public institutions" in Articles 6 through 9, 11, 13, 15, 18 through 21, and 25 of the Official Information Disclosure Act shall be construed as "education-related institutions";
2. The "Minister of the Interior and Safety" in Article 25 of the Official Information Disclosure Act shall be construed as the "Minister of Education or the superintendent of education."