ENFORCEMENT DECREE OF THE EDUCATIONAL ENVIRONMENT PROTECTION ACT

Article 1(Purpose) #

This Decree is to prescribe matters mandated by the Educational Environment Protection Act and those necessary for the enforcement thereof.

Article 2(Schools Excluded from Application) #

“Schools determined by Presidential Decree” in subparagraph 2 of Article 2 of the Educational Environment Protection Act (hereinafter referred to as the “Act”) means schools under Article 2 of the Enforcement Decree of the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions.

Article 3(Formulation of Master Plan for Educational Environment Protection) #

(1) The Minister of Education shall formulate a master plan for educational environment protection (hereinafter referred to as “master plan”) under Article 4 (1) of the Act by October 31 of the year preceding the commencement year of the master plan.

(2) The Minister of Education may modify the master plan, where necessary to modify the master plan due to policy changes for educational environment protection or amendments to the relevant statutes or regulations. In such cases, the Minister may hear in advance the opinions of the head of the relevant administrative agency or the head of the relevant institution or organization.

(3) Where the Minister of Education formulates or modifies the master plan, such fact shall be notified immediately to the head of the relevant administrative agency, the head of the relevant institution or organization, and the superintendent of education of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as “superintendent of education”).

Article 4(Formulation of Implementation Plan for Educational Environment Protection) #

(1) A superintendent of education shall formulate an annual implementation plan (hereinafter referred to as “implementation plan”) to protect the educational environment of schools under Article 4 (2) of the Act by December 31 of the year preceding the year for the commencement of the implementation plan and shall submit such plan immediately to the Minister of Education.

(2) The implementation plan shall include the following matters:

1. A detailed plan for performance in compliance with the master plan;

2. A plan to fund a project to protect the educational environment of schools;

3. Other matters deemed necessary by a superintendent of education to protect the educational environment.

(3) A superintendent of education shall submit the results of performance of the implementation plan to the Minister of Education by March 31 of the following year.

Article 5(Organization of City/Do Educational Environment Protection Committee) #

(1) The Chairperson of a City/Do Educational Environment Protection Committee (hereinafter referred to as “City/Do Committee”) under Article 5 (1) of the Act shall represent the City/Do Committee and exercise general supervision over the affairs.

(2) Where the Chairperson is unable to perform the duties due to any unavoidable reason, a member designated in advance by the Chairperson shall act on behalf of the Chairperson.

(3) A City/Do Committee shall have one secretary and one clerk responsible for the affairs of the Committee, who shall each be appointed by a superintendent of education from among the public officials under the authority of such superintendent.

(4) A City/Do Committee may have subcommittees responsible for specialized areas for the efficient operation of a City/Do Committee.

(5) Subcommittees shall review the requests from a City/Do Committee from among the matters to be delivered by the City/Do Committee and report the results of such review to the City/Do Committee.

Article 6(Disqualification of, Challenge to, or Refrainment by, Members) #

(1) Any member of a City/Do Committee who falls under any of the following subparagraphs shall be disqualified from deliberations and resolutions of the City/Do Committee:

1. Where the member or his or her spouse or former spouse is a party to the relevant agenda (where a party is a corporation, organization, etc., including the executives thereof; hereafter in this subparagraph and subparagraph 2, the same shall apply) or holds any joint rights or duty with the party to such agenda item;

2. Where the member is or was a relative of a party to the relevant agenda item;

3. Where the member has given any testimony, statement, or advice, or conducted any research, service, or appraisal regarding the relevant agenda item; and

4. Where the member or any corporation or organization to which he or she is affiliated with is or was an agent of a party to the relevant agenda item.

(2) Where any ground exists making it difficult to expect impartial deliberation and resolution by any member, a party to the relevant agenda item may file a request to challenge the member with the City/Do Committee and the committee shall determine whether it challenges such member by its resolution. In such cases, the member subjected to such request for challenge shall refrain from participating in the resolution.

(3) Where a member falls under any subparagraph of paragraph (1), he or she shall voluntarily refrain from deliberating on and passing a resolution on the relevant agenda item.

Article 7(Removal and Dismissal of Members) #

Where a member of the City/Do Committee falls under any of the following cases, a superintendent of education may remove or dismiss such member from office:

1. Where a member becomes incapable of performing the duties due to mental or physical disability;

2. Where a member receives money or valuables or entertainment in connection with deliberations of the City/Do Committee;

3. Where a member is deemed unfit due to delinquency of duties, injury to dignity, or any other reason;

4. Where a member fails to refrain himself or herself despite falling under any subparagraph of Article 6 (1);

5. Where a member voluntarily declares that it is impracticable to perform the duties.

Article 8(Meetings of City/Do Committee) #

(1) The Chairperson of a City/Do Committee shall convene and preside over meetings of the City/Do Committee.

(2) A majority of the members of the City/Do Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present: Provided, That in case of deliberations under the proviso of Article 5 (8) of the Act, a majority of the members of the City/Do Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least 2/3 of those present.

(3) The members attending the meetings of the City/Do Committee or its subcommittees and the relevant experts who attend the meetings, submit documents, state their opinions, or offer cooperation may be provided with allowances, travel expenses, and other necessary expenses within budgetary limits: Provided, That the same shall not apply where a public official attends the meetings that are directly related to the affairs of such public official.

Article 9(Detailed Regulations on Operation of City/Do Committee) #

Except as provided in this Decree, matters necessary for the operation, etc. of a City/Do Committee and its subcommittees shall be determined by the Chairperson of the City/Do Committee after a resolution of the City/Do Committee.

Article 10(Functions of Local Educational Environment Protection Committees) #

A Local Educational Environment Protection Committee (hereinafter referred to as “Local Committee”) pursuant to the main clause of Article 5 (8) of the Act shall be responsible for the following deliberations: <Amended on Dec. 29, 2017>

1. Deliberations pursuant to the former part of Article 6 (4) of the Act;

2. Deliberations pursuant to the proviso, with the exception of its subparagraphs, of Article 9 of the Act;

3. Deliberations pursuant to Article 18 (2) of the Act;

4. Deliberations pursuant to Article 20 (2) of the Act;

5. Other deliberations on matters referred to a meeting by the Chairperson of a Local Committee regarding the protection of the educational environment in the competent jurisdiction.

Article 11(Organization of Local Committees) #

(1) A Local Committee shall be comprised of at least 13 but not more than 17 members, including one Chairperson and one Vice Chairperson.

(2) A superintendent of education shall appoint or commission members of a Local Committee in consideration of the genders of persons with knowledge and experience, from among the staff of such superintendent, public officials of the relevant organizations, parents of students, and relevant experts in the local community. <Amended on Mar. 25, 2022>

(3 At least 1/2 of the members of the Local Committee shall be comprised of parents who are the members of an operating committee of a school located in the competent jurisdiction of an office of education where the Local Committee is established. <Newly Inserted on Mar. 25, 2022>

(4) The term of office of a member commissioned pursuant to paragraph (2) shall be two years and may be renewed only once. <Amended on Mar. 25, 2022>

(5) The Chairperson and the Vice Chairperson of the Local Committee shall be elected from among and by the members, respectively. <Amended on Mar. 25, 2022>

(6) The Chairperson shall represent the Local Committee and exercise general supervision over the affairs. <Amended on Mar. 25, 2022>

(7) Where the Chairperson of the Local Committee is unable to perform the duties due to any unavoidable reason, the Vice Chairperson of the Local Committee shall act on behalf of the Chairperson. <Amended on Mar. 25, 2022>

Article 12(Disqualification of, Challenge to, or Refrainment by, Members) #

(1) Any member of a Local Committee who falls under any of the following subparagraphs shall be disqualified from deliberations and resolutions of the Local Committee:

1. Where the member or his or her spouse or former spouse is a party to the relevant agenda item (where a party is a corporation, organization, etc., including the executives thereof; hereafter in this subparagraph and subparagraph 2, the same shall apply) or jointly holds any rights or duty with the party to such agenda item;

2. Where the member is or was a relative of a party to the relevant agenda item;

3. Where the member has given any testimony, statement or advice, or conducted any research, service, or appraisal regarding the relevant agenda item; or

4. Where the member or any corporation or organization to which he or she is affiliated with is or was an agent of a party to the relevant agenda item.

(2) Where any ground exists making it difficult to expect impartial deliberation and resolution by any member, a party to the relevant agenda item may file a request to challenge the member with the City/Do Committee and the committee shall determine whether it challenges such member by its resolution. In such cases, the member subjected to such request for challenge shall refrain from participating in the resolution.

(3) Where a member of the Local Committee falls under any subparagraph of paragraph (1), he or she shall voluntarily refrain from deliberating on and passing a resolution on the relevant agenda item.

Article 13(Removal and Dismissal of Members) #

Where a member of the Local Committee falls under any of the following cases, a superintendent of education may remove or dismiss such member from his or her office: <Amended on Mar. 25, 2022>

1. Where a member becomes incapable of performing the duties due to mental or physical disability;

2. Where a member receives money or valuables or entertainment in connection with deliberations of the Local Committee;

3. Where a member is deemed unfit due to delinquency of duties, injury to dignity, or any other reason;

4. Where a parent member of an operating committee of his or her school is deprived of the status as an operating committee member;

5. Where a member fails to refrain despite falling under any subparagraph of Article 12 (1);

6. Where a member voluntarily declares that it is impracticable to perform the duties.

Article 14(Meetings of Local Committees) #

(1) The Chairperson of a Local Committee shall convene and preside over meetings of the Local Committee.

(2) A majority of the members of the Local Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present: Provided, That in cases of deliberations under subparagraph 2 of Article 10, a majority of the members of the Local Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least 2/3 of those present. <Amended on Dec. 12, 2017>

(3) The Chairperson of the Local Committee may require the head of a school related to deliberations to attend a meeting and may hear his or her opinions.

(4) Where a member of the operating committee of a school related to deliberations under subparagraph 2 of Article 10 or a parent of the school requests attendance at a meeting, the Chairperson of the Local Committee shall allow such request: Provided, That where such attendance is deemed likely to undermine the fairness of deliberations of the Local Committee, the request may not be allowed.

(5) Where the head of a school who has an objection to the results of deliberations under subparagraph 2 of Article 10 requests re-deliberations through the school operating committee within 10 days from the date of being aware of the results, the Local Committee shall re-deliberate on the matters within 15 days from the date of receipt of such request.

(6) The members attending the meetings of the Local Committee or subcommittees and the relevant experts who attend the meetings, submit documents, state their opinions, or offer cooperation may be provided with allowances, travel expenses, and other necessary expenses within budgetary limits: Provided, That the same shall not apply where a public official attends the meetings that are directly related to the affairs of such public official. <Amended on Dec. 12, 2017>

Article 15(Detailed Regulations on Operation of Local Committees) #

Except as provided in this Decree, matters necessary for the operation, etc. of a Local Committee shall be determined by a superintendent of education.

Article 16(Preparation and Submission of Statement of Educational Environment Assessment) #

(1) A statement of assessment concerning impacts on the educational environment (hereinafter referred to as “statement of educational environment assessment”) submitted pursuant to Article 6 (1) of the Act shall include the following matters:

1. Outline of a project to be implemented, etc.;

2. Research materials and current status of each project subject to assessment of impacts on the educational environment;

3. Results of assessment of impacts on the educational environment;

4. Plans for taking measures to protect the educational environment.

(2) Notwithstanding paragraph (1), any statement of educational environment assessment in cases falling under any subparagraph of Article 6 (4) of the Act shall include the following matters:

1. Contents under subparagraph 1 of Article 1;

2. Contents under subparagraph 2 of Article 1, which are prescribed by educational regulations.

(3) Methods and criteria for preparing a statement of educational environment assessment by each content shall be as follows:

1. Contents under subparagraph 1 of Article 1: Stating the objective, size, and expected period of construction for the project, etc.;

2. Contents under subparagraph 2 of Article 1: Stating research materials and the current status of the subjects of assessment by using a diagram, etc., and attaching relevant materials;

3. Contents under subparagraph 3 of Article 1: Stating the results of assessment by each subject according to the criteria for assessment prescribed by Ordinance of the Ministry of Education; and

4. Contents under subparagraph 4 of Article 1: Stating a detailed plan and measure to perform better than the criteria for assessment prescribed by Ordinance of the Ministry of Education.

(4) The Minister of Education may, where necessary, determine and publicly notify the details of the method and criteria for preparing a statement of educational environment assessment under paragraph (3).

(5) The deadline for submitting a statement of educational environment assessment shall be as follows: <Amended on Dec. 12, 2017; Feb. 9, 2018>

1. In cases falling under Article 6 (1) 1 of the Act: Before completing the formulation of a plan to establish a school; or

Article 17(Approval of Statement of Educational Environment Assessment) #

(1) A superintendent of education shall request the review of a statement of educational environment assessment from an Institution for Educational Environment Protection or designated institution for educational environment protection under Article 13 (1) of the Act within five days from the date of receipt of the statement of educational environment assessment (referring to the date of receipt of the supplemented statement of educational environment assessment for cases where it is required that an assessment statement preparer supplement such statement pursuant to Article 16 (7); hereafter in this Article, the same shall apply).

(2) An Institution for Educational Environment Protection or designated institution for educational environment protection under Article 13 (1) of the Act shall submit the review opinions to a superintendent of education within 20 days from the date of request to review pursuant to paragraph (1).

(3) A superintendent of education shall determine whether to approve a statement of educational environment assessment within 45 days from the date of receipt of such statement, and shall notify the assessment statement preparer of the results, specifying the following matters:

1. Whether to approve the statement of educational environment assessment and, if disapproved, the reasons for disapproval; and

2. The details of recommendations under Article 6 (5) of the Act and the grounds therefor.

(4) A superintendent of education may notify the head of the relevant administrative agency of the result of approval of the statement of educational environment assessment under paragraph (3).

(5) “In cases of selecting a site to operate a school within an industrial complex, by changing a part of such school from the main location thereof, as prescribed by Presidential Decree” in Article 6 (4) 3 of the Act means cases of selecting a site to operate a university or college within an industrial complex by changing a part of such university or college from the main location thereof pursuant to Article 2-7 of the Regulations on the Establishment and Operation of Universities and Colleges.

Article 18(Objection to Result of Approval of Statements of Educational Environment Assessment) #

(1) Where a person who submitted a statement of educational environment assessment raises an objection to the result of approval under Article 6 (1) of the Act (including the details of recommendations under paragraph (5) of that Article), he or she may file an objection with a superintendent of education within 30 days from the date of receipt of notification under Article 17 (3).

(2) Upon receipt of an objection under paragraph (1), a superintendent of education shall review the appropriateness of the objection after deliberation by a City/Do Committee (referring to a Local Committee, for cases where deliberations are undertaken by the Local Committee pursuant to the former part of Article 6 (4)) and shall notify the result of objection, specifying the reasons therefor, within 30 days from the date of receipt of the objection.

Article 19(Disclosure of Statement of Educational Environment Assessment) #

When disclosing a statement of educational environment assessment under Article 6 (7) of the Act, the Minister of Education shall disclose it through the information system of educational environment under Article 12 (1) of the Act (hereinafter referred to as the "information system") within 30 days from the date of notification of approval under Article 6 (1) of the Act, unless there is a compelling reason not to do so.

[This Article Wholly Amended on Sep. 22, 2020]

Article 20(Submission of Statement of Ex Post Facto Educational Environment Assessment) #

(1) A superintendent of education shall order a person who submits, and obtains approval for, a statement of educational environment assessment (hereinafter referred to as “project implementer”) to prepare and submit a statement of reassessment concerning impacts on educational environment (hereinafter referred to as “statement of ex post facto educational environment assessment”) pursuant to Article 7 (4) of the Act. In such cases, the deadline for submission shall be not less than 30 days:

1. Where a project implementer fails to implement the details of the statement of educational environment assessment approved pursuant to Article 6 (1) of the Act or recommendations under Article 6 (5);

2. Where a negative impact on the educational environment occurred or is expected to occur due to unexpected reasons, etc. as at the time of approving the statement of educational environment assessment.

(2) Where a superintendent of education intends to order the preparation and submission of a statement of ex post facto educational environment assessment for the reasons under paragraph (1) 2, deliberations shall be undertaken by a City/Do Committee (referring to a Local Committee for cases of approving the statement of educational environment assessment after deliberation by a Local Committee pursuant to the former part of Article 6 (4)).

(3) Article 16 (1) through (4) shall apply mutatis mutandis to the details, preparation method and criteria, etc. of a statement of ex post facto educational environment assessment.

Article 21(Establishment of Educational Environment Protection Zones) #

(1) A public notice of an educational environment protection zone (hereinafter referred to as “protection zone”) under Article 8 (1) of the Act shall include the following matters:

1. Date for establishing a protection zone;

2. Location and area of the established protection zone;

3. Cadastral plan indicating the established protection zone.

(2) Where a superintendent of eduction establishes a protection zone, matters concerning such establishment or public notice shall be notified to the head of a Si (including a Special Self-Governing City Mayor and the head of an administrative Si) or the head of a Gun or Gu (the head of a Gu refers to the head of an autonomous Gu).

(3) A superintendent of eduction may install a signboard prescribed by Ordinance of the Ministry of Education to announce a protection zone.

(4) “Where there is a plan to establish a school prescribed by Presidential Decree” in Article 8 (4) 1 of the Act means where a plan to establish or transfer another school by using the existing sites of schools subject to closure or transfer before completing such closure or transfer is recognized by a superintendent of education, who makes an announcement by posting relevant matters in the Information System or on the website of an office of education, etc.

(5) A superintendent of education (excluding the superintendent of education of a Special Self-Governing City) shall delegate authority under Article 8 (1) to the head of a district office of education pursuant to Article 8 (5) of the Act.

Article 21-2(Use of Cadastral Survey Data) #

(1) Where a superintendent of education intends to utilize data on general survey and cadastral survey pursuant to Article 8-2 (1) of the Act, he or she may request a person who has data on general survey and cadastral survey regarding the relevant educational environment protection zones to submit such data. <Amended on Mar. 25, 2022>

(2) Where deemed necessary for deliberation by a City/Do Committee or Local Committee, a superintendent of education may provide the relevant City/Do Committee or Local Committee with data on general survey and cadastral survey under Article 8-2 (1) of the Act. <Amended on Mar. 25, 2022>

[This Article Newly Inserted on Dec. 12, 2017]

Article 22(Prohibited Acts in Protection Zones) #

(1) "Facilities prescribed by Presidential Decree" in subparagraph 7 of Article 9 of the Act means any of the following facilities: <Newly Inserted on Sep. 22, 2020>

1. Facilities for crushing and grinding waste under subparagraph 1 (b) (ii) or subparagraph 3 (a) (ii) of attached Table 3 of the Enforcement Decree of the Wastes Act for the treatment of wastes at forest land development facilities generated while a housing site development project under subparagraph 4 of Article 2 of the Housing Site Development Promotion Act is implemented;

2. Facilities for sterilization and pulverization under subparagraph 1 (b) (ix) of attached Table 3 of the Enforcement Decree of the Wastes Control Act for the treatment of medical wastes under subparagraph 5 of Article 2 of that Act discharged by a medical institution under Article 3 of the Medical Service Act in the relevant medical institution.

(2) “Facilities determined by Presidential Decree” in subparagraph 14 of Article 9 of the Act means any of the following facilities: <Amended on Dec. 12, 2017; Sep. 22, 2020>

1. Facilities established for education or research in a school;

2. Facilities used for refrigerated production for refrigerating or cooling purposes in a building, from among those subject to reporting on production of high-pressure gas under subparagraph 2 of Article 4 of the Enforcement Decree of the High-Pressure Gas Safety Control Act (including cases where the combined capacity of the facilities installed in the same building amounts to the scale subject to reporting);

3. Oxygenerators used for medical purposes of medical institutions under Article 3 of the Medical Service Act;

4. Firefighting systems under Article 2 (1) 1 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems;

5. Firefighting or medical facilities established by any of the following agencies:

(a) Fire agencies under Article 3 (1) of the Framework Act on Firefighting Services;

(b) The National Fire Service Academy and the National 119 Rescue Headquarters.

(3) “Places determined by Presidential Decree” in subparagraph 15 of Article 9 of the Act means any of the following places: <Amended on Sep. 22, 2020>

1. Places established for collecting wastes by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the manager of facilities, such as parks and roads, pursuant to Article 8 (1) of the Wastes Control Act; and

Article 23(Delegation of Authority to Take Measures against Prohibited Acts) #

A superintendent of education (excluding the superintendent of education of a Special Self-Governing City) shall delegate authority under Article 10 (3) to the head of a district office of education pursuant to Article 10 (5) of the Act.

Article 24(Management of Protection Zones) #

(1) The head of a school shall conduct a survey of the actual state of educational environment in protection zones of the school and provide guidance for preventing prohibited acts within protection zones, etc. (hereinafter referred to as “management”): Provided, That a person establishing protection zones shall perform management before the opening of the school.

(2) Where the protection zones of schools coincide, the heads of the following schools shall manage such protection zones:

1. A primary school, where protection zones coincide between primary and secondary schools: Provided, That where the primary school is a kindergarten, the secondary school shall manage the protection zones; and

2. A school with a greater number of students, where protection zones coincide between equivalent level schools.

(3) Notwithstanding paragraph (2), where coincidence is between absolute protection zones under Article 8 (1) 1 of the Act and relative protection zones under Article 8 (1) 2 of the Act, the head of a school in which absolute protection zones are established shall manage the coinciding protection zones.

Article 25(Entrustment of Establishment and Operation of Information System) #

The Minister of Education and the superintendents of education may entrust a designated institution for educational environment protection pursuant to Article 13 (1) with the establishment and operation of the Information System pursuant to Article 12 (3) of the Act.

Article 26(Institutions Subject to Designation of Institution for Educational Environment Protection) #

(1) “Institutions determined by Presidential Decree” in Article 13 (1) of the Act means any of the following agencies or corporations;

1. Research institutes under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

2. Non-profit corporations under Article 32 of the Civil Act.

(2) Where the Minister of Education designates an institution for educational environment protection pursuant to Article 13 (1) of the Act, the Minister shall announce such fact by posting a notice on the website of the Ministry of Education, etc.

Article 27(Re-Examination of Regulation) #

The Minister of Education shall examine the appropriateness of the following matters every three years, counting from January 1, 2018 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements:

1. Details of preparing a statement of educational environment assessment and the deadline for submission pursuant to Article 16;

2. Deadlines and procedures for approval of a statement of educational environment assessment pursuant to Article 17;

3. Deadlines and procedures for raising an objection to the result of approval of a statement of educational environment assessment pursuant to Article 18;

4. Details of preparing a statement of ex post facto educational environment assessment and the deadline for submission pursuant to Article 20;

5. Exclusion from and application of prohibited acts, etc. in protection zones pursuant to Article 22.

Article 28(Criteria for Imposing Administrative Fines) #

The criteria for imposing administrative fines pursuant to Article 17 (1) of the Act shall be as specified in the attached Table.