Article 39(Prevention from dual support) #
(1) The Minister of Education and the Chairperson of the Korea Student Aid Foundation shall devise necessary measures so that the projects for income contingent loan under this Act do not overlap with any other educational expense support projects; provided, the scope of dual support for educational expenses and matters concerning exceptional handling shall be determined by the Minister of Education. <Amended on Mar. 23, 2013; May 29, 2016>
(2) For the purpose of preventing dual support for educational expenses, the Minister of Education or the Korea Student Aid Foundation may request the following institutions to submit data on the current status of educational expense supports or to register with the electronic system (referring to the system that the Korea Student Aid Foundation manages and operates in order to prevent dual support for educational expenses), and the institutions upon receipt of such request shall comply therewith, except in extenuating circumstances; provided, the Minister of Education may exclude the whole or part of the obligation to submit data in consideration of the establishment type of educational expense’s aid institutions and the purpose of educational expense aid: <Amended on Mar. 23, 2013; Nov. 19, 2014; May 29, 2016; Jul. 26, 2017>
1. Related administrative agencies, such as the Ministry of the Interior and Safety;
2. Local governments;
3. Institutions conducting duties related to educational expense supports on entrustment by the State, such as the Government Employees Pension Service;
4. Public interest corporations prescribed in Article 2 of the Act on the Establishment and Operation of Public Interest Corporations, which are larger than the size prescribed by Presidential Decree, from among non-profit incorporated foundations conducting projects concerning educational expenses or scholarships for students;
5. Public institutions under the Act on the Management of Public Institutions, which provide support for educational expenses to affiliated employees or their offspring;
6. Local government-directly operated enterprises, local government-invested public corporations, and local government public corporations under the Local Public Enterprises Act;
7. Colleges and universities under Article 2 of the Higher Education Act;
8. Other institutions and organizations prescribed by Presidential Decree.
(3) Institutions submitting data requested under paragraph (2) shall be exempted from rental fees, service charges, etc. on data submitted to the Minister of Education and the Korea Student Aid Foundation. <Amended on Mar. 23, 2013; May 29, 2016>
(4) The data provided under paragraph (2) shall not be used for a purpose other than for the projects for education loans and their repayment, etc., or provided or divulged to other persons or institutions.
(5) In order to prevent dual support for educational expenses, institutions requested to submit data as referred to in each subparagraph of paragraph (2) shall take necessary measures, such as verifying in advance the details of educational expense supports provided by other institutions, and if any institution is negligent in taking such measures, the Minister of Education may order the institution to do so. <Added on on May May 29, 2016>
(6) Where a undergraduate student or his or her parents who has received education loans and the payment of educational expense receives the support in excess of the scope of educational expense from the institutions under paragraph (2) 1 through 8, the Minister of Education and the Korea Student Aid Foundation may obtain a return of its excessive amount, and impose the obligation to return its excessive amount (including the repayment of income contingent loans) on a person who fails to return such. <Added on on May May 29, 2016>
(7) The types and contents of data requested under paragraph (2), exemption from the obligation to submit data, return of the excessive amount under paragraph (6), etc. shall be prescribed by Presidential Decree. <Amended on May 29, 2016>
(8) Where a commercial corporation, civil corporation, corporation established under special Acts, or foreign corporation provides support for educational expenses to its employees and their children, the Minister of Education and the Korea Student Aid Foundation may, in order to prevent dual support for educational expenses, request a relevant corporation to submit data concerning the current status of support for educational expenses, and the corporation upon receipt of such request shall comply therewith, except in extenuating circumstances. <Added on on May May 29, 2016>
[Title Amended on May 29, 2016]