Article 1(Purpose) #
The purpose of this Decree is to provide for matters mandated by the Special Act on the Promotion of Public Education Normalization and Regulation on Pre-Curriculum Education and matters necessary for enforcing said Act.
Article 2(Operation of research centers for preventing pre-curriculum education) #
(1) The Minister of Education and Superintendents of Education may operate research centers for preventing pre-curriculum education to conduct surveys, studies, analysis, to run educational programs and to formulate measures for improvement pursuant to Article 4 (2) of the Special Act on the Promotion of Public Education Normalization and Regulation on Pre-Curriculum Education (hereinafter referred to as the "Act").
(2) Each research center for preventing pre-curriculum education shall perform the following tasks:
1. Surveying, researching on and analyzing adverse side effects of pre-curriculum education;
2. Providing educational programs and counseling service to students, parents, and teachers concerning adverse side effects of pre-curriculum education;
3. Studying policies for formulating measures for rectifying and preventing pre-curriculum education;
4. Other research activities necessary for preventing pre-curriculum education.
Article 2-2(Designation of schools in urban areas highly populated with low-income earners) #
(1) The schools in an urban area highly populated with low-income earners, etc., pursuant to Article 8 (2) 2 of the Act (hereinafter referred to as "schools in a highly populated area, etc.) shall be schools falling under any of the following categories: <Amended on Dec. 3, 2019>
1. A school designated by the superintendent of education for a school in which the total number of enrolled students falling under any of the following items as of October 1 of the preceding year is at least 70 or at least 10 percent of the total enrolled students:
(a) Recipients of education benefits prescribed in Article 7 (1) 4 of the National Basic Living Security Act;
(b) Persons eligible for support prescribed in Article 5 or 5-2 of the Single-Parent Family Support Act;
(c) Students specified and publicly notified by the Minister of Education on other grounds as those who need special support to provide equal opportunities for education and to remove disparity in education;
2. A school that the competent superintendent of education determines as a school that needs special support to provide equal opportunities for education and to remove disparity in education, in light of the local conditions, undergoing deliberation by the City/Do committee for deliberation on normalization of curricula established pursuant to Article 12 (1) of the Act.
(2) When the superintendent of education designates a school as one of schools in a highly populated area, etc. prescribed in paragraph (1), he or she shall notify the school of such designation immediately. <Amended on Dec. 3, 2019>
(3) When the head of a school in a highly populated area, etc. plans to provide an educational course ahead of the school curricula as an after-school class pursuant to Article 8 (2) of the Act, he or she shall refer such plan to the school governance committee established pursuant to Article 31 of the Elementary and Secondary Education Act for deliberation.
[This Article added on Sep. 5, 2016]
Article 3(Scope of prohibited Acts of inducing pre-curriculum education or pre-curriculum learning) #
"Acts specified by Presidential Decree" in Article 8 (3) 3 of the Act means the following acts: <Amended Sep. 5, 2016>
1. Allowing students to be enrolled in a school (referring to any of the schools defined in Article 2 of the Elementary and Secondary Education Act; hereafter, the same shall apply in this Article) with educational courses according to the curricula of the school before such students are enrolled;
2. Using questions from any content beyond the scope and level of the curriculum of students to be enrolled, before such students are enrolled in a school, to assess such students' aptitude with such questions.
Article 4(Prohibition against reflection in entrance examinations of schools) #
(1) "Schools specified by Presidential Decree" in Article 9 (1) of the Act means the following schools:
1. Specialized middle schools prescribed in Article 76 of the Enforcement Decree of the Elementary and Secondary Education Act;
2. Special-purpose high schools prescribed in Article 90 (1) 5 and 6 of the Enforcement Decree of the Elementary and Secondary Education Act;
3. Autonomous private high schools prescribed in Article 91-3 of the Enforcement Decree of the Elementary and Secondary Education Act;
4. Schools that may select students by any method other than written tests in accordance with Article 4 of the Addenda to the partial amendment (Presidential Decree No. 21375) to the Enforcement Decree of the Elementary and Secondary Education Act, among autonomous schools prescribed in Article 105 of the Enforcement Decree of the Elementary and Secondary Education Act.
(2) "Matters specified by Presidential Decree" in Article 9 (3) 4 of the Act means activities not registered in school life records prescribed in Article 25 of the Elementary and Secondary Education Act, among camping activities, gatherings, or any similar activities conducted by any institution other than the enrolled school.
(3) After the head of a school conducts an entrance examination administered under Article 9 (1) of the Act, he or she shall assess the impact of such examination in accordance with Article 9 (4) of the Act within 20 days from the date students who have finally passed the examination are announced and shall submit a report on the outcomes of such assessment and a plan for incorporating the outcomes into the entrance examination for the following year to the competent Superintendent of Education by the end of February each year.
(4) Matters necessary for the methods, procedures, etc. for assessing the impact referred to in Article 9 (4) of the Act shall be prescribed by education rules of the Special Metropolitan City or each Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do").
Article 5(Assessment of impacts of entrance examinations of universities, etc.) #
(1) If the head of any university or higher educational institution prescribed in subparagraph 1 of Article 2 of the Act (hereinafter referred to as "university or higher educational institution") deems necessary for incorporating the findings from assessment of impacts prescribed in Article 10 (2) of the Act into the entrance examination for the following year, he or she may amend the implementation plan for selecting applicants for admission prescribed in Article 34-5 of the Higher Education Act.
(2) The head of a university or higher educational institution shall disclose to the public a report on the outcomes of the assessment conducted in accordance with Article 10 (2) of the Act and the plan for incorporating the results into the entrance examination for the following year by posting them on the website of the university or higher educational institution by no later than March 31 every year.
(3) Matters necessary for the methods, procedures, etc. for assessing the impact referred to in Article 10 (2) of the Act shall be prescribed by school rules.
Article 6(Organization of committee for deliberation on normalization of curricula) #
The chairperson of the committee for deliberation on normalization of curricula established pursuant to Article 11 of the Act (hereinafter referred to as the "curricula committee") shall be appointed or commissioned by the Minister of Education, from among committee members; and the vice chairperson shall be appointed by the chairperson from among committee members.
Article 7(Duties of chairperson) #
(1) The chairperson shall represent the curricula committee and administer all affairs of the curricula committee.
(2) If the chairperson is unable to perform his or her duties due to extenuating circumstances, the vice chairperson shall act on behalf of the chairperson; however, if both the chairperson and the vice chairperson are unable to perform their duties due to extenuating circumstances, the committee member designated by the chairperson in advance shall act on behalf of the chairperson.
Article 8(Meetings, hearings of curricula committee) #
(1) The chairperson of the curricula committee shall convene meetings and shall preside over the meetings.
(2) Meetings of the curricula committee shall be divided into regular meetings and special meetings.
(3) In principle, regular meetings shall be held semi-annually.
(4) A special meeting shall be held in any of the following cases:
1. Where at least 1/3 of current committee members make a request for holding of a meeting;
2. Where the chairperson deems it necessary to hold a meeting of the curricula committee for any other ground.
(5) A majority of the members of the curricula committee shall constitute a quorum, and any resolution thereof shall require concurring votes of at least a majority of those present; provided,, if the Minister of Education makes a request for reviewing a resolution pursuant to the proviso to Article 11 (4) of the Act, a majority of the members of the curricula committee shall constitute a quorum, and any resolution thereof shall require concurring votes of at least 2/3 of those present.
(6) If the chairperson deems necessary for an agenda item, he or she may summon experts, relevant public officials, etc. to hear their opinions.
(7) Allowances and travel expenses may be paid to committee members, experts, etc. for attending a meeting of the curricula committee, within budgetary limits; provided, the foregoing shall not apply where a committee member appointed from among public officials attends a meeting of the curricula committee in direct connection with any affair assigned to him or her.
Article 9(Disqualification of, challenge to, and refrainment by members) #
(1) In any of the following cases, a committee member shall be disqualified for any examination and resolution by the committee:
1. If the committee member or the current or former spouse of the committee member currently works or has worked in the past for the school or school foundation falling within either of the following categories and involved in the relevant agenda item:
(a) A national school, university, or higher educational institution (hereafter referred to as "school" in this Article);
(b) A national university foundation or a school foundation operating a school established pursuant to Article 2 of the Higher Education Act (hereafter referred to as "foundation" in this Article);
2. If the committee member or the current or former spouse of the committee member is a current or former relative of any person involved in the relevant agenda item (including the head of the school or executive officers of the foundation);
3. If the committee member has made any testimony or statement, has provided consulting advice, research service or other service, or has served as an appraiser at the request of the school or foundation involved in the relevant agenda item;
4. If the committee member or the corporation or organization to which the committee member belongs is the current or former representative or agent of any person (including the head of the school or executive officers of the foundation), the school or the foundation involved in the relevant agenda item.
(2) If a party to the relevant agenda item duly suspects the committee member will be partial in the proceedings of deliberation and resolution, the party may file a challenge against the committee member; and the Committee shall determine whether to accept the challenge by adopting a resolution. In such cases, no committee member against whom the challenge has been filed shall participate in the proceeding of resolution.
(3) If the status of a committee member falls within any of the grounds for disqualification under paragraph (1), he or she shall voluntarily refrain from participating in the proceedings of deliberation and resolution on the relevant agenda item.
Article 10(Dismissal or removal of committee members) #
In any of the following cases, the Minister of Education may dismiss or remove a committee member from office:
1. If a committee member is unable to continue to perform his or her duties due to any mental or physical disorder;
2. If a committee member is found incompetent for the office due to neglect of duty or indecent conduct or on other ground;
3. If a committee member does not voluntarily refrain from participating in proceedings, although his or her status falls within any of the grounds specified in Article 9 (1).
Article 11(Detailed operating rules of curricula committee) #
Except as provided in this Decree, matters necessary for operating the curricula committee shall be determined by the chairperson, subject to resolution by the curricula committee.
Article 12(Organization of City/Do committee for deliberation on normalization of curricula) #
(1) The chairperson of a City/Do committee for deliberation on normalization of curricula established pursuant to Article 12 of the Act (hereinafter referred to as the "City/Do curricula committee") shall be appointed or commissioned by the competent Superintendent of Education, from among committee members; and the vice chairperson shall be appointed by the chairperson from among committee members.
(2) Committee members shall be appointed or commissioned by the competent Superintendent of Education, from among the following persons:
1. Relevant public officials of the relevant City/Do Office of Education;
2. Persons with expertise in curricula, learning theories, entrance examinations of schools, etc.;
3. Teachers with at least ten years of education experience prescribed in Article 8 of the Decree on the Qualification Examination of Teachers;
4. Parents, members of parents' associations, and other persons with abundant knowledge and experience.
(3) The term of office of each committee member shall be two years but may be renewed consecutively only once; provided, the term of office of a committee member appointed from among public officials shall coincide with the period of service in his or her position as at the time of appointment.
(4) Articles 7 through 11 shall apply mutatis mutandis to the duties of the chairperson of each City/Do curricula committee; meetings and hearings; disqualification of, challenge to, and refrainment of committee members; dismissal or removal of committee members, etc. In such cases, the "curricula committee" shall be construed as "City/Do curricula committee," and "Minister of Education" as "Superintendent of Education."
Article 13(Reporting, inspection) #
(1) In regard to the inspection conducted under Article 13 (1) of the Act, the Minister of Education or any Superintendent of Education may authorize public officials of the ministry or of the office of education to enter an education-related institution and to inspect the status of education provided by the institution or ask questions to interested persons to find whether the institution provides any pre-curriculum educational course.
(2) If the Minister of Education or any Superintendent of Education deems necessary for the inspection conducted under Article 13 (1) of the Act, he or she may require the head of any education-related institution to submit a report or documents.
Article 14(Disciplinary measures against teachers) #
If an education-related institution, in receipt of an order prescribed in Article 14 (1) of the Act to correct or modify a violation prescribed in paragraph (1), fails to comply with such order within the specified period without extenuating circumstances, the Minister of Education or the competent Superintendent of Education shall request the relevant disciplinary committee to resolve to take disciplinary measures against the head of the education-related institution pursuant to Article 14 (2) of the Act as follows:
1. If the head of the education-related institution is an educational official: The Minister of Education or the competent Superintendent of Education shall request the disciplinary committee prescribed in Article 50 of the Educational Officials Act to resolve to take a disciplinary measure as follows:
(a) If the failure is caused by a mistake or slight negligence: A slight disciplinary measure;
(b) If the failure is caused intentionally or by gross negligence: A severe disciplinary measure.
2. If the head of the education-related institution is not an educational official: The Minister of Education or the competent Superintendent of Education shall request the disciplinary committee prescribed in Article 62 of the Private School Act via the person who has the authority to appoint or dismiss the head of the education-related institution to resolve to take a disciplinary measure.
Article 15(Administrative actions) #
The Minister of Education or a Superintendent of Education may take an administration action against an education-related institution falling under Article 14 (3) of the Act, according to the Appendix, in addition to the request for resolving to take a disciplinary measure prescribed in Article 14 (2) of the Act.
Article 16(Methods and processes for filing objections) #
(1) The head of an education-related institution who has an objection to an administrative action taken under Article 14 (1) or (3) of the Act shall submit a written objection, stating the purposes of; and grounds for the objection to the Minister of Education or the competent Superintendent of Education within 14 days from the date the head of the education-related institution is notified of such administrative action.
(2) Upon receipt of an objection raised under paragraph (1), the Minister of Education or the competent Superintendent of Education shall notify the head of the relevant education-related institution of the results thereof within 30 days from the filing date of the objection, subject to deliberation by the curricula committee or the competent City/Do curricula committee; provided,, in extenuating circumstances, the period may be extended by not more than 14 days.
(3) When the Minister of Education or any Superintendent of Education intends to extend the period specified for giving notice of the results of an objection raised under the proviso to paragraph (2), he or she shall notify the head of the relevant education-related institution of the extension at least seven days before the end of the specified period.
Article 17(Exemption from application of the decree) #
"Cases specified by Presidential Decree" in subparagraph 4 of Article 16 of the Act means after-school English classes for Grades 1 and 2 of elementary schools.
[The Amended provision of Article 17 of Presidential Decree No. 25591 (Sep. 11, 2014) remains in force through Feb. 28, 2018 pursuant to Article 2 of Addenda of the same Act]