Article 1(Purpose) #
The purpose of this Act is to enable students to receive education in a healthy and comfortable environment by prescribing matters necessary to protect educational environment.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. The term "educational environment" means all factors related to schools and adjacent areas thereof to keep unimpaired the health, sanitation, safety, learning, etc. of students;
2. The term "school" means a kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act; a school under Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act; and any of the schools of various levels (excluding schools, the public notification of information on which is prescribed by Presidential Decree to be impossible for reasons such as national defense and public security) established pursuant to other Acts;
3. The term "planned school site" means any of the following lands:
(a) School site determined and publicly notified by an urban or Gun management plan pursuant to Article 30 of the National Land Planning and Utilization Act;
(b) Kindergarten site secured by a person intending to establish a kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act (in case of intending to establish a private kindergarten, referring to a site approved for the establishment thereof from superintendent of education of the Special Metropolitan City, the Metropolitan City, the Special Self-Governing City, the Do, or the Special Self-Governing City (hereinafter referred to as "superintendent of education"));
(c) Special school site secured by a person intending to establish a special school under subparagraph 4 of Article 2 of the Elementary and Secondary Education Act (in case of intending to establish a private special school, referring to a site approved for the establishment thereof from the superintendent of education);
(d) Alternative school site secured by a person intending to establish an alternative school under Article 60-3 of the Elementary and Secondary Education Act (in case of intending to establish a private alternative school, referring to a site approved for the establishment thereof from the superintendent of education);
4. The term "school boundary" means the boundary of a school site registered in the cadastral register under subparagraph 19 of Article 2 of the Act on the Establishment and Management of Spatial Data;
5. The term "boundary of a planned school site" means the boundary of a school site either publicly notified or acquired pursuant to subparagraph 3 (a) through (d).
Article 3(Responsibilities of the State and local governments) #
(1) The State and local governments shall devise policies necessary to protect educational environment.
(2) The State, local government, the principals of schools, and project implementers shall recognize the importance of educational environment protection and endeavor so that the procedures prescribed by this Act can be implemented properly and smoothly.
Article 4(Establishment of basic plans for educational environment protection) #
(1) The Minister of Education shall establish a basic plan containing the following matters (hereinafter referred to as "basic plan") every five years to protect the educational environment of schools:
1. Matters concerning basic direction-setting for policies to protect educational environment;
2. Matters concerning education and publicity to protect educational environment;
3. Other matters necessary to protect educational environment.
(2) The superintendents of education shall establish and implement a yearly implementation plan (hereinafter referred to as "implementation plan") based on a basic plan via deliberation by the City/Do Educational Environment Protection Committee under Article 5 (1), and shall submit the results thereof to the Minister of Education.
(3) If necessary to establish a basic plan or an implementation plan, the Minister of Education and the superintendents of education may request the head of the relevant administrative agency or the head of the relevant institution or organization to provide assistance. In such cases, the head of the relevant administrative agency or the relevant institution or organization requested for such assistance shall comply therewith except in extenuating circumstances.
(4) The timing for establishment and the details of basic plans and implementation plans under paragraphs (1) and (2), and other necessary matters such as the timing and methods for submitting implementation plans shall be prescribed by Presidential Decree.
Article 5(City/Do Educational Environment Protection Committee) #
(1) A City/Do Educational Environment Protection Committee (hereinafter referred to as "City/Do Committee") to deliberate on the following shall be established under the jurisdiction of the superintendent of education:
1. Policies of the superintendent of education concerning educational environment protection;
2. Implementation plans;
3. Statement of education environment assessment under Article 6 (1);
4. Matters referred to a meeting by the Chairperson with respect to educational environment protection in the district under the jurisdiction of the superintendent of education.
(2) A City/Do Committee shall be composed of up to 15 members including one Chairperson, and the Chairperson shall be appointed or commissioned by the superintendent of education.
(3) Members of a City/Do Committee shall be appointed or commissioned by the superintendent of education from among the following persons: <Amended on Dec. 28, 2021>
1. Persons designated by the superintendent of education or the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") from among public officials of at least Grade IV or public officials equivalent thereto, who belong to the Offices of Education of the Special Metropolitan City, the Metropolitan City, the Special Self-Governing City, the Do, and the Special Self-Governing Province (hereinafter referred to as "City/ Do");
2. Persons with professional knowledge in educational environment protection in schools who is or was at least at a rank of assistant professors or in a position equivalent thereto at a university or college or an accredited research institute;
3. Persons recommended by nonprofit, non-governmental organizations referred to in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
4. Teachers and instructors with at least five years of educational experience;
5. A person who is an expert in the fields of urban planning, building, environment, and disasters, with extensive knowledge of and experience in development and rearrangement projects;
6. Other persons with abundant knowledge and experience in educational environment protection in schools in respective districts.
Article 6(Approval for statement of educational environment assessment) #
(1) Any of the following persons shall submit a statement of assessment concerning impacts on educational environment (hereinafter referred to as "statement of educational environment assessment") to the superintendent of education, as prescribed by Presidential Decree, and obtain approval therefrom:
1. Person who intends to establish a school;
2. Person who formulates an urban or Gun management plan under Article 24 of the National Land Planning and Utilization Act;
3. Development project implementer under Article 3 (1) of the Act on the Special Cases concerning the Procurement of School Sites;
4. Person who intends to implement a rearrangement project in a rearrangement zone under subparagraph 1 of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, after a school (excluding schools under each subparagraph of Article 2 of the Higher Education Act) or an educational environment protection zone established and publicly announced pursuant to Article 8 (1) is designated and publicly notified as a rearrangement zone;
5. Person who intends to construct a building with the scale under the proviso to Article 11 (1) of the Building Act in an educational environment protection zone established and publicly notified pursuant to Article 8 (1).
(2) Subject matters subject to assessment on school educational environment under paragraph (1) shall include the locations, sizes and shapes, topography and soil environment, atmosphere environment, and surrounding harmful environment, and public facilities of planned school sites or planned rearrangement zones, etc.
(3) To approve a statement of educational environment assessment, a superintendent of education shall refer the statement of review to the City/Do Committee for deliberation; and for such purpose, he or she shall also provide the review opinions of a specialized institution for educational environment protection under Article 13 or an institution prescribed by Presidential Decree and the opinions of the principal of the relevant school (referring to the opinions related to the statement of educational environment assessment submitted by a person specified in paragraph (1) 4 and 5). <Amended on Dec. 28, 2021>
(4) Notwithstanding paragraph (3), in cases falling under any of the following, a statement of educational environment assessment may be approved via a deliberation by the Local Committee. In such cases, the review opinions of a specialized institution for education environment under Article 13 or an institution prescribed by Presidential Decree may be omitted:
Article 7(Preparation of ex post facto statement of educational environment assessment) #
(1) A person who submits, and obtains approval for, a statement of educational environment assessment (hereinafter referred to as "project implementer") shall comply with the contents reflected in the approved statement of educational environment assessment and the result of measures under Article 6 (5).
(2) To prevent a harm to educational environment, a superintendent of education shall verify the status of compliance with the approved contents of the statement of educational environment assessment. In such cases, the superintendent of education may request the project implementer to submit materials concerning compliance with the approved contents of the statement of educational environment assessment or require a public official under his or her jurisdiction to access and inspect the workplaces of the project implementer.
(3) Where making an inspection under paragraph (2), a plan for inspection containing grounds for and subject matters of inspection shall be informed to the project implementer no later than seven days before the inspection; and the public official having access to make an inspection shall declare his or her affiliation and identity to relevant persons and show an identification indicating them.
(4) Where it is deemed that there is likely to be an adverse impact on educational environment as prescribed by Presidential Decree, as a result of inspecting the status of compliance with the approved contents of the written assessment of educational environment pursuant to paragraph (2), the superintendent of education shall order the preparation and submission of a statement of reassessment concerning impacts on educational environment (hereinafter referred to as "statement of ex post facto educational environment assessment").
(5) Items, procedures, and standards for preparing statements of ex post facto educational environment assessment, and other necessary matters such as preparation methods by item shall be prescribed by Presidential Decree.
Article 8(Establishment of educational environment protection zones) #
(1) A superintendent of education shall establish and publicly announce an area within 200 meter-radius of straight-line distance from the boundary of a school or the boundary of a planned school site (hereinafter referred to as "school boundary, etc.") as an educational environment protection zone, according to the following classifications:
1. Absolute protection zone: an area within a radius of 50 meters of straight-line distance from a gate of a school (an area within a radius of 50 meters of straight-line distance from the school boundary in case of a planned school site);
2. Relative protection zone: an area excluding an absolute protection zone in an area within a radius of 200 meters of straight-line distance from the school boundary, etc.).
(2) A person who determines and publicly announces a planned school site or a person who authorizes the establishment of a school shall, if the planned school site is finally determined, notify the competent superintendent of education of such fact without delay.
(3) A superintendent of education shall establish and publicly announce an educational environment protection zone under paragraph (1) within 30 days from the date a planned school site is notified pursuant to paragraph (2).
(4) Where an educational environment protection zone established and publicly announced pursuant to paragraph (1) comes to fall under any of the following, such establishment and public announcement shall become invalid:
1. Where a school is closed down or transferred (excluding where there is a plan to establish a school prescribed by Presidential Decree);
2. Where a determination concerning a planned school site by an urban or Gun management plan becomes invalid;
3. Where a plan to establish a kindergarten, a special school, or an alternative school is canceled, or authorization for the establishment thereof is canceled.
(5) Authority of the superintendents of education under paragraph (1) may be delegated to the heads of district offices of education, as prescribed by Presidential Decree.
Article 8-2(Utilization of cadastral survey data) #
(1) Where a dispute is likely to arise over whether any act or facility installation specified in paragraph (9) falls under prohibited acts, etc. in educational environment protection zones, a superintendent of education may utilize data on general survey under Article 22 of the Act on the Establishment and Management of Spatial Data and data on cadastral survey under Articles 23 and 24 of the same Act. <Amended on Sep. 24, 2021>
(2) The procedures and methods for utilizing data on general survey and cadastral survey under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Sep. 24, 2021>
[This Article Added on Dec. 20, 2016]
Article 9(Prohibited acts in educational environment protection zones) #
No one shall conduct or install any of the following acts or facilities in an educational environment protection zone to protect the health and sanitation, safety, learning, and educational environment of students; provided, in cases of a relative protection zone, exceptions shall be made for any acts and facilities deemed to have no negative effect on learning and educational environment by a superintendent of education or a person delegated thereby after deliberation by the Local Committee, among acts and facilities provided in subparagraphs 14 through 27 and 29 through 32: <Amended on Jan. 17, 2017; Dec. 19, 2017; Dec. 3, 2019; Mar. 24, 2020; Sep. 24, 2021; Feb. 6, 2024; Oct. 22, 2024; Jul. 22, 2025; Aug. 14, 2025; Oct. 1, 2025>
1. Facilities emitting air pollutants in excess of the permissible emission levels under Article 16 (1) of the Clean Air Conservation Act;
2. Facilities emitting water pollutants in excess of the permissible emission levels under Article 32 (1) under the Water Environment Conservation Act, and wastewater treatment facilities under Article 48 of that Act;
3. Waste-generating facilities under Article 11 of the Act on the Management and Use of Livestock Excreta; disposal facilities under Article 12 thereof; and public disposal facilities under Article 24 thereof;
4. Excrements disposal facilities under subparagraph 11 of Article 2 of the Sewerage Act;
5. Facilities emitting malodor in excess of the maximum allowable emission level under Article 7 of the Malodor Prevention Act;
6. Facilities emitting noise or vibration in excess of the permissible levels under Articles 7 and 21 of the Noise and Vibration Control Act;
7. Waste treatment facilities under subparagraph 8 of Article 2 of the Wastes Control Act (excluding the places prescribed by Presidential Decree in consideration of their scales, purposes, periods, and effects on learning and school health and sanitation);
8. Carcasses under Articles 11 (1) and 20 (1) and (2) of the Act on the Prevention of Contagious Animal Diseases; contaminated objects under Article 23 (1) thereof; and incineration and burial sites of objects subject to prohibition of importation under 33 (1) thereof;
9. Crematory facilities under subparagraph 8 of Article 2 of the Act on Funeral Services, charnel facilities under subparagraph 9 of the same Article, and natural burial grounds under subparagraph 13 of the same Article (excluding natural burial grounds for individuals and families under Article 16 (1) 1 of the same Act and natural burial grounds for clans under subparagraph 2 of the same Article);
Article 10(Measures against prohibited acts) #
(1) The Mayor/Do Governor and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) or the head of the relevant administrative agency (hereinafter referred to as "head of the relevant administrative agency, etc.") shall take a measure such as interruption and restriction on construction work, suspension of business, and refusal or cancellation of authorization, registration and report (hereinafter referred to as "disposition") to prevent acts and facilities in each subparagraph of Article 9 (excluding acts and facilities undergoing deliberation pursuant to the proviso to Article 9; hereinafter the same shall apply); and may order a project implementer to remove the relevant facilities, where it is deemed inevitable to remove such facilities due to their impairment to educational environment.
(2) Where a project implementer fails to comply with an order of removal under paragraph (1), the head of the relevant administrative agency, etc. may execute by proxy the removal in accordance with the Administrative Vicarious Execution Act.
(3) In order to protect educational environment, a superintendent of education may request the head of the relevant administrative agency, etc. to take a disposition against acts and facilities under each subparagraph of Article 9 and issue an order of removal of the facilities within an educational environment protection zone.
(4) The head of the relevant administrative agency, etc. in receipt of a request under paragraph (3) shall take a requested measure except in extenuating circumstances, and inform the superintendent of education of the result thereof within one month from the date of receipt of such request.
(5) Authority of the superintendents of education under paragraphs (3) and (4) may be partially delegated to the heads of district offices of education, as prescribed by Presidential Decree.
Article 11(Consultation concerning designation of urban and gun management plans) #
(1) A superintendent of education may request a person with authority to formulate an urban and Gun management plan or a person with authority to determine an urban and Gun management plan under Articles 24 and 29 of the National Land Planning and Utilization Act to consult with him or her for educational environment protection when either of the latter two persons formulates an urban and Gun management plan or designates or changes a specific use area or specific use zone.
(2) A person with authority to formulate an urban and Gun management plan or a person with authority to determine an urban and Gun management plan shall comply with a request under paragraph (1) except in extenuating circumstances.
Article 12(Establishment and operation of information system for educational environment) #
(1) The Minister of Education and the superintendents of education shall establish and operate an information system of educational environment (hereinafter referred to as "Information System") to secure the collection and utilization of information on educational environment protection zones and the citizens’ participation in educational environment protection.
(2) The Minister of Education and the superintendents of education shall disclose information, etc. on educational environment protection zones including the results of deliberation on the prohibited acts and facilities, etc. within educational environment protection zones to enhance the specialization, objectiveness, and predictability of educational environment protection.
(3) The Minister of Education and the superintendents of education may entrust the establishment and operation of the Information System to a specialized institution for educational environment protection under Article 13 or an institution prescribed by Presidential Decree.
(4) Matters necessary to establish, operate, etc. the Information System and matters concerning the disclosure of information, etc. on educational environment protection zones under paragraph (2) shall be prescribed by Decree of the Ministry of Education.
Article 13(Establishment of specialized institution for educational environment protection) #
(1) The Minister of Education may establish a specialized institution for educational environment protection (hereinafter referred to as "Institution for Educational Environment Protection") or designate institutions prescribed by Presidential Decree (hereinafter referred to as "designated institution for educational environment protection") to perform affairs regarding educational environment protection.
(2) The Institution for Educational Environment Protection or designated institutions for educational environment protection shall perform the following affairs:
1. Development of materials for formulating policies for educational environment protection, and the analysis of policies;
2. Support to formulate basic plans;
3. Projects regarding investigation, research and development related to educational environment:
4. Preparation and distribution of statistics related to educational environment;
5. Performance, management, technical support and assessment of projects for educational environment protection;
6. Training, education and publicity, and development of materials therefor, for educational environment protection;
7. Establishment, operation and management of the Information System;
8. Review of the statements of educational environment assessment;
9. Other affairs deemed necessary by the Minister of Education, including educational environment protection.
(3) The Institution for Educational Environment Protection shall be a body corporate and shall be incorporated upon a registration of incorporation at the location of its principal office.
(4) The Institution for Educational Environment Protection shall prepare the articles of incorporation specifying the following and obtain authorization therefor from the Minister of Education:
1. Purpose;
2. Name;
3. Location of the head office;
4. Matters regarding business affairs and the execution thereof;
5. Important matters regarding executive officers and employees;
Article 14(Delegation and entrustment of authority) #
(1) The Minister of Education may partially delegate authority under this Act to the superintendents of education, as prescribed by Presidential Decree.
(2) The Minister of Education may partially entrust the affairs under this Act to the Institution for Educational Environment Protection and designated institutions for educational environment protection, as prescribed by Presidential Decree.
(3) The executive officers and employees of the Institution for Educational Environment Protection and designated institutions for educational environment protection to perform the affairs entrusted pursuant to paragraph (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.
Article 15(Duty of confidentiality) #
The experts concerned who participate in the process of reviewing the statements of educational environment assessment or the persons who are or were the executive officers or employees of the specialized institutions concerned shall neither divulge to other persons any secrets which come to their knowledge in the course of performing their duties, nor use them for any purpose other than the performance of their duties.
Article 16(Penalty provisions) #
(1) A person who commits an act or installs a facility in violation of Article 9 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. Person who selects a school site without obtaining approval for the statement of educational environment assessment in violation of Article 6 (1);
2. Person who, except in extenuating circumstances, refuses to submit materials or obstructs or evades the investigation of the approved contents in violation of Article 7 (2);
3. Person who fails to prepare the statement of ex post facto educational environment assessment in violation of Article 7 (4);
4. Person who divulges any secret which comes to his or her knowledge in the course of performing his or her duties or uses them for any purpose other than the performance of his or her duties in violation of Article 15.
Article 17(Administrative Fines) #
(1) A person who fails to submit the statement of educational environment assessment in violation of Article 7 (4) shall be subject to an administrative fine of not more than 10 million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the superintendents of education, as prescribed by Presidential Decree.