ENFORCEMENT OF THE ACT ON THE SAFETY AND MAINTENANCE OF EDUCATIONAL FACILITIES

Article 1(Purpose) #

The purpose of this Decree is to prescribe the matters mandated by the Act On the Safety And Maintenance Of Educational Facilities and those necessary for the enforcement of such matters.

Article 2(Scope of Educational Facilities) #

(1) "Schools prescribed by Presidential Decree" in subparagraph 1 (e) of Article 2 of the Act on the Safety And Maintenance Of Educational Facilities (hereinafter referred to as the "Act") means schools defined in Article 2 of the Enforcement Decree of the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions.

(2) "Education-related facilities prescribed by Presidential Decree" in subparagraph 1 (f) of Article 2 of the Act means facilities of educational institutions under Article 32 of the Local Education Autonomy Act.

Article 3(Supervisory Agency) #

"Agencies prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means agencies classified as follows:

1. In cases of a national kindergarten defined in subparagraph 1 of Article 7 of the Early Childhood Education Act, a national school defined in subparagraph 1 of Article 3 of the Elementary and Secondary Education Act, a national school and a private school defined in Article 3 of the Higher Education Act, a lifelong educational establishment recognized as having an academic background and degree equivalent to a graduate of a junior college defined in Article 31 (4) of the Lifelong Education Act, or a school defined in subparagraph 1 (e) of Article 2 of the Act: The central administrative agency guiding and supervising the relevant educational facility;

2. In cases of public kindergartens and private kindergartens under subparagraphs 2 and 3 of Article 7 of the Early Childhood Education Act, public schools and private schools under subparagraphs 2 and 3 of Article 3 of the Elementary and Secondary Education Act, lifelong educational establishments recognized as having educational attainment of lower than graduates from high school under Article 31 (2) of the Lifelong Education Act, and education-related facilities under subparagraph 1 (f) of Article 2 of the Act: City/Do offices of education;

3. In the case of public schools under Article 3 of the Higher Education Act: Local governments.

Article 3-2(Temporary Classroom) #

“Temporary facilities to be assembled and installed on-site in accordance with the construction techniques prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act means temporary facilities installed after manufacturing frame, finishing materials, electrical and machinery facilities, etc. in a pre-standardized format at a factory and then simply assembling them at the site.

[This Article Added on Jan. 31, 2025]

Article 4(Formulation of Master Plans for Educational Facilities) #

(1) The Minister of Education shall formulate a master plan for educational facilities under Article 5 (1) of the Act (hereinafter referred to as "master plan") by no later than June 30 of the year preceding the year in which the master plan commences.

(2) The head of a supervisory agency shall formulate an implementation plan for the safety, maintenance, management, etc. of educational facilities under Article 5 (4) of the Act (hereinafter referred to as "implementation plan") by November 30 each year.

(3) When the head of a supervisory agency formulates or amends an implementation plan, he or she shall notify the head of an educational facility thereof without delay.

(4) The head of a supervisory agency shall submit the results of implementation of an implementation plan to the Minister of Education by April 30 of the following year.

Article 5(Formulation of Implementation Plans) #

(1) The head of an educational facility shall formulate an implementation plan for the safety, maintenance, management, etc. of the educational facility under Article 6 of the Act (hereinafter referred to as "implementation plan") by December 31 each year.

(2) When the head of an educational facility formulates or amends an implementation plan, he or she shall notify the head of the supervisory agency thereof without delay.

(3) The head of an educational facility shall submit the results of implementation of an implementation plan to the head of a supervisory agency by March 31 of the following year.

Article 6(Composition of Educational Facility Policy Commission) #

(1) Persons prescribed by Presidential Decree in Article 7 (3) 2 of the Act means persons who have worked or researched in the field of safety management of educational facilities for at least 20 years.

(2) A vice-ministerial public official of the relevant central administrative agency prescribed by Presidential Decree in Article 7 (3) 3 of the Act means a vice-ministerial public official of the following central administrative agencies (where there are multiple vice-ministerial public officials, vice-ministerial public officials designated by the head of the relevant central administrative agencies):

1. The Ministry of Economy and Finance;

2. The Ministry of Education;

3. The Ministry of Science and ICT;

4. The Ministry of the Interior and Safety;

5. The Ministry of Environment;

6. Ministry of Employment and Labor;

7. The Ministry of Land, Infrastructure and Transport;

8. Other central administrative agencies deemed necessary by the Minister of Education.

(3) Educational organizations and specialized institutions prescribed by Presidential Decree in Article 7 (3) 4 of the Act means the following educational organizations and specialized institutions:

1. Teachers' organizations organized in the central government under Article 15 (1) of the Framework Act on Education;

2. A consultative group of superintendents of education established pursuant to Article 42 (1) of the Local Education Autonomy Act;

3. School consultative bodies organized pursuant to Article 10 (1) of the Higher Education Act;

4. Other educational organizations and specialized institutions that the Minister of Education deems necessary for the comprehensive management and support of educational facilities.

Article 7(Dismissal of Members) #

Where a commissioned member of the Educational Facility Policy Commission (hereinafter referred to as the "Policy Commission") under Article 7 (1) of the Act falls under any of the following cases, the Minister of Education may dismiss the relevant member:

1. Where he or she becomes unable to perform his or her duties due to a mental or physical disorder;

2. If he or she has committed any misconduct in connection with his or her duties;

3. Where he or she is deemed unsuitable as a member due to neglect of duties, injury to dignity, or other reasons;

4. Where he or she voluntarily declares that it is difficult for him or her to perform the duties.

Article 8(Operation of Policy Commission) #

(1) The Chairperson of the Policy Commission (hereafter referred to as the "Chairperson" in this Article) shall represent the Policy Commission and exercise overall control over its affairs.

(2) If the Chairperson is unable to continue to perform his or her duties due to unavoidable reasons, a member predesignated by the Chairperson shall act on behalf of him or her.

(3) The Chairperson shall convene and preside over meetings of the Policy Commission, if deemed necessary or at the request of at least 1/3 of all incumbent members.

(4) Where the Chairperson intends to convene a meeting pursuant to paragraph (3), he or she shall notify each member of the date, time, venue, and agenda of the meeting by not later than 7 days before the meeting is held; provided, where an urgent meeting is required to be convened or an extenuating circumstance exists, he or she may notify the member thereof by not later than the day before the meeting is held.

(5) A meeting of the Policy Commission shall be held with the attendance of a majority of all incumbent members, and a resolution shall be passed with the concurrent vote of a majority of those present.

(6) Where the Chairperson deems it necessary in connection with the agenda of a meeting, he or she may require relevant public officials, civilian experts, etc. to attend a meeting to speak or request the heads of relevant agencies to submit materials.

(7) Except as otherwise expressly provided for in paragraphs (1) through (6), matters necessary for the operation of the Policy Commission shall be determined by the chairperson following a resolution by the Policy Commission.

Article 9(Composition and Operation of Subcommittees) #

(1) The chairperson and members of a subcommittee under Article 7 (4) of the Act (hereinafter referred to as "subcommittee") shall be appointed by the Chairperson of the Policy Commission from among the members of the Policy Commission following a resolution by the Policy Commission.

(2) Matters necessary for the operation of subcommittees shall be determined by the Chairperson of the Policy Commission, subject to resolution by the Policy Commission.

Article 10(Establishment of Minimum Environmental Standards for Educational Facilities) #

(1) The minimum environmental standards for educational facilities under Article 8 (1) of the Act (hereinafter referred to as "minimum environmental standards") shall include the following:

1. School construction standards: Matters concerning securing an appropriate area necessary for users of educational facilities to live, and designing space and creating an environment in consideration of the safety and health of users of educational facilities;

2. Standards for School Equipment: Matters concerning the installation and maintenance of facilities, such as ventilation and lighting, in order to facilitate various educational activities, such as education, research, practical training, etc.;

3. Standards for installation of air cooling and heating by school level: Matters concerning the installation, operation and management of air conditioning and heating facilities to ensure that users of educational facilities can live in a pleasant environment;

4. Standards for living activity space: Matters concerning the composition of flexible activity space that can be utilized for various purposes, such as learning, play, and relaxation.

(2) Public announcement under Article 8 (1) of the Act shall be made by posting on the website of the Ministry of Education.

(3) Where the Minister of Education formulates or amends the minimum environmental standards pursuant to Article 8 (1) of the Act, he or she shall notify the head of a supervisory agency and the head of an educational facility of the details thereof.

Article 11(Evaluation and Inspection of Management Status of Educational Facilities) #

(1) The evaluation and inspection of the management status, etc. of educational facilities under Article 9 (1) of the Act shall include the following matters: <Amended on Jan. 31, 2025>

1. Whether Acts and regulations related to the safety and maintenance of educational facilities are complied with;

2. Whether necessary safety measures, such as repair and reinforcement, are implemented for old educational facilities;

3. Other matters publicly notified by the Minister of Education as deemed necessary for the safety and maintenance of educational facilities and recognized and publicly notified by the Minister of Education.

(2) Where the head of a supervisory agency intends to conduct an evaluation or inspection of the management status, etc. of educational facilities pursuant to Article 9 (1) of the Act, he or she shall notify the head of the relevant educational facility of the subject matter, details, timing for conducting such evaluation or inspection, etc. in advance.

(3) Where the head of a supervisory agency conducts an evaluation or inspection of the management status, etc. of educational facilities pursuant to Article 9 (1) of the Act, he or she shall notify the head of the relevant educational facility of the results thereof without delay.

(4) Upon receipt of a request to take necessary measures, such as correction or supplementation under Article 9 (3) of the Act, the head of an educational facility shall notify the head of a supervisory agency of the results thereof without delay after completing the relevant measures.

Article 12(Standards for Safety, Maintenance and Management of Educational Facilities) #

(1) “Matters prescribed by Presidential Decree” in Article 10 (1) 5 of the Act means the standards for safety in laboratories, practical laboratories, etc. among educational facilities. <Added on Jan. 31, 2025>

(2) The standards necessary for the safety, maintenance, etc. of educational facilities under Article 10 (1) of the Act (hereinafter referred to as "safety and maintenance standards") shall include the following matters: <Amended on Jun. 28, 2022; Jan. 31, 2025>

1. Standards for structural safety, such as seismic design and seismic reinforcement of educational facilities: Matters concerning seismic design, seismic reinforcement, evaluation of seismic performance, and other measures to ensure safety in consideration of various vibrations and shocks and loads of educational facilities and the loads of educational facilities;

2. Standards for fire safety of educational facilities: matters concerning the installation of evacuation, fire prevention, and fire-fighting facilities, safety education, etc. of educational facilities;

3. Standards necessary for the design, construction, and maintenance of educational facilities: Matters concerning the design and construction of educational facilities and the repair, reinforcement, etc. of defects in educational facilities in consideration of the safety and health of users of educational facilities;

4. Standards necessary for prevention of infection in educational facilities and securing safety of environment, materials, etc.: Matters concerning the prevention and control of infectious diseases, maintenance of a pleasant indoor environment, use of environment-friendly materials, etc.

5. Standards for safety in laboratories, practical laboratories, etc. among educational facilities: Matters concerning the installation, management, etc. of facilities and equipment necessary for safety in laboratories, practical laboratories, etc.

(3) Article 10 (3) of the Act shall inspect whether the safety and maintenance standards are complied with under Article 10 (3) of the Act at least once a year; and reporting the results of such inspection shall include whether the safety and maintenance standards are complied with by detailed items of the safety and maintenance standards, a plan for future measures, etc. <Amended on Jan. 31, 2025>

(4) The head of a supervisory agency in receipt of a report under Article 10 (3) of the Act may provide administrative and financial support necessary for complying with the safety and maintenance standards. <Amended on Jan. 31, 2025>

Article 12-2(Timing and Methods of Fact-Finding Surveys on Firefighting Systems) #

(1) The Minister of Education shall conduct a fact-finding survey on the installation of firefighting facilities [referring to fire fighting facilities and fire fighting facilities, etc. in accordance with the Act on Installation and Management of Firefighting Systems (hereinafter referred to as the “Fire Fighting Facilities Act”); hereinafter the same shall apply] and the status of securing access roads for firefighting vehicles pursuant to Article 10 (2) (1) of the Act in accordance with the following subparagraphs (hereinafter referred to as "fact-finding survey of fire-fighting facilities"): <Amended on Nov. 29, 2022; Jan. 31, 2025>

1. Regular survey: It shall be conducted jointly with the Fire Commissioner of the National Fire Agency at each time determined annually in consultation with the Fire Commissioner of the National Fire Agency, in consultation with the Fire Commissioner of the National Fire Agency;

2. Occasional survey: It shall be conducted where the Minister of Education deems it necessary to conduct a fact-finding survey because a disaster, calamity, etc. is expected to occur.

(2) Fact-finding surveys on firefighting systems shall be conducted by the Minister of Education in consultation with the Fire Commissioner of the National Fire Agency by means of an on-site investigation, a written investigation, etc.

(3) When the Minister of Education conducts a fact-finding survey on firefighting systems, he or she shall notify the head of the relevant educational facility or the head of the relevant supervisory agency of the date, time, purpose, details, etc. of the survey by not later than 7 days before commencing the investigation; provided, in cases of emergency, such as the expected occurrence of a disaster or calamity, he or she may choose not to notify the head of the relevant educational facility or the head of the relevant supervisory agency.

(4) Except as provided in paragraphs (1) through (3), matters necessary for the procedures, methods, etc. for conducting a fact-finding survey on firefighting systems shall be determined and publicly notified by the Minister of Education.

[This Article Added on Jun. 28, 2022]

Article 12-3(Submission of Plans to Take Measures and Results of Measures Following Fact-Finding Surveys on Firefighting Systems) #

(1) Where the Minister of Education issues an order to take measures under Article 10-2 (3) of the Act, he or she shall notify the head of the relevant educational facility or the head of the relevant supervisory agency of the details thereof in writing.

(2) The head of an educational facility or the head of a supervisory agency in receipt of notification under paragraph (1) shall prepare a plan for measures and submit it to the Minister of Education within 30 days from the date of receipt of such notification; provided, where it is impossible to submit it within such period due to a natural disaster or any other unavoidable cause, he or she shall submit it within 30 days from the date on which such cause ceases to exist.

(3) The head of an educational facility or the head of a supervisory agency who has submitted a plan for measures pursuant to paragraph (2) shall take necessary measures in accordance with the plan for measures, and shall prepare a report on the results of measures taken within 15 days from the date he or she completes measures and submit it to the Minister of Education.

(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the procedures, methods, etc. for taking measures based on the results of an inspection of actual status of firefighting systems shall be determined and publicly notified by the Minister of Education.

[This Article Added on Jun. 28, 2022]

Article 12-4(Support for Installation of Fire-Fighting Facilites) #

(1) When the head of a supervisory agency or the head of an educational facility installs firefighting facilities pursuant to Article 10-3 (1) of the Act, he or she shall install firefighting facilites classified as follows in compliance with the fire safety standards under subparagraph 6 of Article 2 of the Fire Fighting Facilities Act:

1. An educational facility referred to in the subparagraphs of Article 10-3 (1) of the Act, which shall install sprinkler facilities pursuant to Article 12 (1) of the Fire Fighting Facilities Act and Article 11 of the Enforcement Decree and Appendix 4 of that Act: Sprinkler facilities;

2. An educational facility referred to in the subparagraphs of Article 10-3 (1) of the Act, which shall install simplified sprinkler systems pursuant to Article 12 (1) of the Firefighting Facilities Act, and Article 11 of the Enforcement Decree and Appendix 4 of that Act: Sprinkler systems or simplified sprinkler systems;

3. An educational facility referred to in the subparagraphs of Article 10-3 (1) of the Act, which are not required to install sprinkler facilities or simplified sprinkler facilities pursuant to Article 12 (1) of the Firefighting Facilities Act, and Article 11 of the Enforcement Decree and Appendix 4 of that Act: Sprinkler facilities or simplified sprinkler facilities.

(2) The State or a local government may subsidize some of the following expenses incurred in installing firefighting facilities within budgetary limits pursuant to Article 10-3 (3) of the Act:

1. Construction expenses;

2. Design and supervision expenses under the relevant Acts and subordinate statutes, such as the Building Act, the Certified Architects Act, and the Firefighting System Installation Business Act, etc.

[This Article Added on Jan. 31, 2025]

Article 13(Educational Facilities Subject to Safety Certification of Educational Facilities) #

"Educational Facility that is larger than the size prescribed by Presidential Decree" in Article 11 (1) of the Act means an educational facility of at least the scale classified as follows:

1. In cases of kindergartens and schools under subparagraph 1 (a) and (b) of Article 2 of the Act: A total floor area of one hundred square meters;

2. In cases of facilities mainly used by students among the facilities of educational institutions under Article 2 (2) and determined and publicly notified by the Minister of Education: The total floor area of 1,000 square meters;

3. In cases of educational facilities other than those referred to in subparagraphs 1 and 2: The total floor area of 3,000 square meters.

Article 14(Standards and Grades for Safe Educational Facility Certification) #

(1) The head of an educational facility who intends to obtain safe educational facility certification under Article 11 (1) of the Act (hereinafter referred to as "safe educational facility certification") shall submit an application to the Minister of Education, as prescribed by Ministerial Decree of the Education.

(2) The standards for safe educational facility certification under Article 11 (2) of the Act shall be as follows:

1. Facility safety standards: Standards for the safety of educational facilities, such as the structure of educational facilities, and electricity, machinery, gas, and fire-fighting facilities;

2. Indoor environmental safety standards: Standards for safety measures by space for the prevention of safety-related accidents in educational facilities, creation of a safe environment, safety of building materials, etc.;

3. Standards for environmental safety in external environment: Standards for pedestrian traffic safety around educational facilities, establishment of security systems for educational facilities, etc.

(3) The grades of educational facility safety certification under Article 11 (4) of the Act shall be classified into two grades of top priority and outstanding according to the standards determined and publicly notified by the Minister of Education.

(4) The period of validity of educational facility safety certification under Article 11 (4) of the Act shall be 10 years for the grade of the grade of the educational facility, and 5 years for the grade of the grade of the educational facility, respectively.

(5) Expenses incurred in relation to the safe educational facility certification under Article 11 (4) of the Act shall be borne by the person who applies for the relevant certification.

(6) Where the head of an educational facility that has obtained safe educational facility certification extends, remodels, or reconstructs at least the scale prescribed by Ministerial Decree of the Education, he or she shall obtain safe educational facility certification again, as prescribed by Ministerial Decree of the Education.

(7) Except as provided in paragraphs (1) through (6), detailed matters necessary for safe educational facility certification shall be determined and publicly notified by the Minister of Education.

Article 15(Guidelines for Safety Inspections) #

Where the Minister of Education prepares guidelines for safety inspections under Article 13 of the Act and thorough safety inspections under Article 14 of the Act (hereinafter referred to as "safety inspections, etc.") pursuant to Article 12 (1) of the Act, he or she shall consult with the heads of relevant central administrative agencies.

Article 16(Conducting Safety Inspections and Reporting on Findings) #

(1) When the head of an educational facility conducts a safety inspection pursuant to Article 13 (1) of the Act, he or she shall formulate a plan including the following matters:

1. Schedule for conducting safety inspections;

2. Matters concerning the composition of persons who conduct safety inspections;

3. Matters concerning items of safety inspection and methods of inspection by item;

4. Matters concerning equipment necessary for safety inspection;

5. Matters concerning evaluation of findings from safety inspections.

(2) The head of an educational facility shall conduct a safety inspection at least once every half year.

(3) The head of an educational facility that has conducted a safety inspection shall submit a report on the results under Article 13 (2) of the Act to the head of a supervisory agency within 30 days from the date the safety inspection is completed.

Article 17(Conducting In-Depth Inspections and Reporting on Results Thereof) #

(1) When the head of an educational facility conducts full safety examinations pursuant to Article 14 (1) of the Act, he or she shall formulate a plan including the following matters:

1. Schedule for full safety examinations;

2. Matters concerning composition of persons to conduct full safety examinations;

3. Matters concerning items of full safety examinations and methods by item;

4. Matters concerning equipment necessary for full safety examinations;

5. Matters concerning evaluation of outcomes of full safety examinations.

(2) The head of an educational facility that has conducted full safety examinations shall submit a report on the results under Article 14 (2) of the Act to the head of a supervisory agency within 30 days from the date the full safety examinations are completed.

Article 18(Evaluation of Findings from Safety Inspections or Examinations) #

(1) When the head of a supervisory agency evaluates the results of a safety inspection, etc. pursuant to Article 16 (1) of the Act, he or she shall include the following matters:

1. Methods of inspection, examination, investigation, analysis, measurement, etc. used in conducting safety inspections or examinations and appropriateness of findings from safety inspections or examinations;

2. Appropriateness of the methods of repair and reinforcement based on the results of a safety inspection, etc.;

3. Other matters that the head of a supervisory agency deems necessary for the safety and maintenance of the relevant educational facility.

(2) The Evaluation of the results of a safety inspection, etc. under Article 16 (1) of the Act may be conducted concurrently with the evaluation of documents and the evaluation of on-site visits.

(3) Where the head of a supervisory agency evaluates the results of a safety inspection, etc. pursuant to Article 16 (1) of the Act, he or she shall notify the head of the relevant educational facility of the results thereof.

Article 19(Measures Based on Findings of Safety Inspections) #

(1) When the head of an educational facility takes measures pursuant to Article 17 (1) of the Act, he or she shall formulate a plan necessary for the relevant measures in advance.

(2) When the head of an educational facility takes measures pursuant to Article 17 (1) and (2) of the Act, he or she shall take into consideration the causes, kinds, and degrees of defects in the relevant educational facility, the urgency of such measures, etc.

(3) The head of a supervisory agency may provide administrative and financial support necessary for the head of an educational facility to implement measures under Article 17 (1) of the Act.

Article 20(Safety Assessment) #

(1) "Educational facility that is equal to or exceeds the size limits prescribed by Presidential Decree" in Article 19 (1) 1 of the Act means educational facilities subject to building permission under Article 11 (1) of the Building Act or building approval under Article 5-2 (1) of the School Facilities Projects Promotion Act.

(2) Person who intends to perform construction works defined in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry within the scope prescribed by Presidential Decree in Article 19 (1) 3 of the Act means a person who intends to perform construction works deemed and publicly notified by the Minister of Education as having a significant impact on the safety of educational facilities within the scope of at least 4 meters but not exceeding 50 meters in the straight line from the school boundary defined in subparagraph 4 of Article 2 of the Educational Environment Protection Act.

(3) When a person referred to in the subparagraphs of Article 19 (1) of the Act conducts an assessment of the impact on the safety of educational facilities and users of educational facilities (hereinafter referred to as "safety assessment"), he or she shall include the following matters:

1. Structure of the relevant educational facility and the safety of the ground of the site adjacent thereto;

2. Appropriateness of accident prevention facilities installed at a construction site and its surrounding areas;

3. Safety of school roads of the relevant educational facility.

(4) Any person referred to in the subparagraphs of Article 19 (1) of the Act shall conduct a safety evaluation before commencing the relevant building works or construction works:

(5) The report under Article 19(2) of the Act shall be made within 14 days of the completion of the safety assessment.

(6) Measures prescribed by Presidential Decree, such as measures to supplement safety in Article 19 (2) of the Act means measures to ensure the safety of the relevant educational facilities and users of educational facilities, such as the installation of a floating network or fences, and the revision and supplementation of construction plans.

(7) A person who intends to take measures under Article 19 (2) of the Act shall submit a plan for the relevant measures to the head of a supervisory agency and the head of an educational facility in advance.

(8) A person who has completed measures taken under Article 19 (2) of the Act shall notify the head of a supervisory agency and the head of an educational facility of the results of the relevant measures taken.

Article 21(Compilation and Management of Statistics) #

Where the Minister of Education designates an institution to conduct affairs concerning the production and management of statistics pursuant to Article 22 (3) of the Act, he or she shall designate an institution specialized in the field of educational facilities from among designated statistics service agencies under Article 15 of the Statistics Act.

Article 22(Establishment and Operation of Integrated Educational Facility Information Network) #

(1) Matters prescribed by Presidential Decree in Article 23 (1) 8 of the Act means the following:

1. Results of evaluation and inspection of management status, etc. of educational facilities under Article 9 (1) of the Act;

2. Results of self-inspection of compliance with safety and maintenance standards under Article 10 (3) of the Act;

3. Results of safety assessment under Article 19 (2) of the Act;

4. Matters concerning the current status of designation of specialized institutions under Article 33 (1) of the Act.

(2) The Minister of Education shall regularly verify and check the relevant information to ensure the reliability and objectivity of information on the matters referred to in the subparagraphs of Article 23 (1) of the Act.

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for establishing and operating an integrated information network for educational facilities, such as procedures for operating the integrated information network for educational facilities, information protection, security, etc. under Article 23 (1) of the Act, shall be determined and publicly notified by the Minister of Education. <Added on Jan. 31, 2025>

Article 23(Reporting and Investigation of Safety-Related Incidents in Educational Facilities) #

(1) When the head of an educational facility files a report pursuant to Article 24 (1) of the Act, he or she shall include the details of a safety accident or serious defect in an educational facility, matters concerning emergency safety measures, and other necessary follow-up measures.

(2) The head of a supervisory agency deems it necessary to efficiently conduct an investigation under Article 24 (2) of the Act, he or she may have relevant experts participate in the relevant investigation.

(3) The head of a supervisory agency who has completed an investigation under Article 24 (2) of the Act shall submit a report on the results of the investigation, including the following matters, to the Minister of Education without delay:

1. Outline of the incident;

2. Analysis of causes of incidents;

3. Results of measures taken and follow-up measures;

4. Other matters investigated and analyzed in connection with incidents.

Article 23-2(Objects of Preliminary Planning) #

(1) Educational facility projects prescribed by Presidential Decree in Article 26-2 (1) of the Act, with the exception of its subparagraphs, means projects for building or remodeling facilities and equipment of schools defined in Article 2 of the Elementary and Secondary Education Act, the estimated design cost of which is at least 100 million won.

(2) Experts prescribed by Presidential Decree in Article 26-2 (3) 3 of the Act means persons who have completed an educational course determined and publicly notified by the Minister of Education from among the following persons:

1. Certified architect under the Certified Architects Act;

2. The person who has served or has served as an assistant professor or higher in the field of architectural planning or architectural design at a school defined in Article 2 of the Higher Education Act;

3. A person with a doctorate degree in the field of architectural planning or architectural design.

[This Article Added on Jun. 28, 2022]

Article 23-3(Procedures for Examining Appropriateness of Results of Preliminary Planning) #

(1) Where the head of a supervisory agency of an elementary school, middle school, or high school requests a review of the appropriateness of the results of preliminary planning pursuant to the main clause of Article 26-3 (1) of the Act, he or she shall submit a written request for preliminary planning review determined and publicly notified by the Minister of Education to an institution referred to in Article 26-3 (3) 1 or 2 of the Act (hereinafter referred to as "appropriateness review institution"), along with a business plan including the matters referred to in the subparagraphs of Article 26-2 (1) of the Act, before publicly announcing a tender for design services.

(2) Where the head of a supervisory agency of an elementary, middle, or high school intends to modify any of the following matters among the details of a business plan submitted pursuant to paragraph (1) before publicly announcing a tender for design services, he or she shall submit the modified business plan to an appropriateness review institution and request it to review again:

1. Where the location of an educational facility is changed;

2. Where the site area of an educational facility increases or decreases by at least 30 percent;

3. Where the budget for construction costs increases or decreases by at least 30 percent;

4. Where the main purpose of use of an educational facility is changed;

5. Where he or she changes the project period because the project for educational facilities is delayed for at least three years after he or she is notified of his or her opinion on review under paragraph (3).

(3) Upon receipt of a request for review or re-review under paragraph (1) or (2), an appropriateness review institution shall submit its review opinion to the head of the supervisory agency of an elementary, middle, or high school within 30 days from the date of receipt of such request.

(4) The head of a supervisory agency of elementary, middle, and high schools who has received an opinion on the review under paragraph (3) shall prepare a plan for utilizing the opinion on the review and submit it to an institution for review of appropriateness before publicly announcing a tender for design services of educational facilities. <Amended on Jan. 31, 2025>

(5) Where necessary for the integrated management of information on educational facility projects, the Minister of Education may request an appropriateness review institution to provide an opinion on the review under paragraph (3), if necessary.

Article 24(Education for Nurturing Professional Human Resources) #

The content of education under Article 28 (1) of the Act shall include the following matters:

1. Matters concerning details of statutes or regulations related to safety of educational facilities;

2. Matters concerning structural safety of educational facilities;

3. Matters concerning fire prevention and maintenance of educational facilities;

4. Other matters deemed necessary by the Minister of Education to train professional human resources specializing in the safety and maintenance of educational facilities.

Article 25(Designation of Specialized Institutions) #

(1) Affairs prescribed by Presidential Decree in Article 33 (1) 5 of the Act means the following affairs: <Added on Jun. 28, 2022>

1. Affairs concerning preliminary planning under Article 26-2 (1) of the Act;

2. Review of appropriateness of results of preliminary planning under Article 26-3 (1) of the Act.

(2) An institution or organization that intends to be designated as a specialized institution pursuant to Article 33 (1) of the Act shall meet the following standards: <Amended on Jun. 28, 2022>

1. A specialized institution shall have organizations and human resources necessary to perform its duties;

2. A specialized institution shall be equipped with offices, equipment, and facilities necessary to perform its duties;

3. A specialized Institution shall have business plans and operational regulations necessary for performing its duties.

(3) Details of the criteria for designation under paragraph (2) shall be determined and publicly notified by the Minister of Education. <Amended on Jun. 28, 2022>

(4) An institution or organization that intends to be designated as a specialized institution pursuant to Article 33 (1) of the Act shall submit an application for designation as a specialized institution to the Minister of Education, as prescribed by Ministerial Decree of the Education. <Amended on Jun. 28, 2022>

(5) Where the Minister of Education designates a specialized institution pursuant to Article 33 (1) of the Act or revokes the designation of a specialized institution pursuant to paragraph (2) of the same Article, he or she shall publish such fact on the website of the Ministry of Education. <Amended on Jun. 28, 2022>

(6) A specialized institution designated pursuant to Article 33 (1) of the Act (hereinafter referred to as "designated specialized institution") shall submit an operational plan for the relevant year by January 31 each year. <Amended on Jun. 28, 2022>

(7) A specialized designated institutions shall submit their operational performance records for the first half of each year to the Minister of Education by July 31 of the relevant year and their operational performance records for the second half of each year by January 31 of the following year, respectively. <Amended on Jun. 28, 2022>

(8) Violation of matters prescribed by Presidential Decree in Article 33 (2) 3 of the Act means any of the following cases: <Amended on Jun. 28, 2022>

Article 25-2(Compensation and Scope of Support for Mutual Aid Programs for Educational Facilities) #

(1) The eligibility and scope of compensation for mutual aid programs for the recovery, etc. of safety-related incidents in educational facilities under Article 34 (1) of the Act shall be classified as follows:

1. Educational facilities and other goods damaged due to a safety-related incident in an educational facility: Expenses incurred in restoring educational facilities (including structures other than buildings, such as sculptures, retaining walls, and fences) or goods;

2. Users of educational facilities and others (hereinafter referred to as "users, etc. of educational facilities") who suffer from a safety-related incident in an educational facility: The following expenses:

(a) Medical care expenses: Expenses borne by users of educational facilities, etc. or by persons with parental authority or guardians of users of educational facilities, etc. or other persons who have legal obligations to support users of educational facilities, etc., among expenses incurred in medical treatment of injuries sustained by users of educational facilities, etc. due to safety-related accidents in educational facilities;

(b) Disability compensation expenses: Expenses according to the disability grade determined and publicly notified by the Minister of Education, where an educational facility user, etc. who has received medical care expenses referred to in item (a) has a physical disability even after the completion of medical care;

(c) Nursing Expenses: Expenses incurred in nursing care where an educational facility user, etc. who has received medical care expenses referred to in item (a) needs nursing care regularly or occasionally even after receiving medical treatment, even after receiving medical treatment;

(d) Compensation expenses for bereaved family and funeral expenses: Expenses determined and publicly notified by the Minister of Education in consideration of the amount, etc. prescribed in the subparagraphs of Article 3 (1) of the State Compensation Act, where a user, etc. of an educational facility dies due to a safety-related incident in an educational facility;

(e) Other expenses determined and publicly notified by the Minister of Education, taking into consideration the type of accident, severity of damage, etc.

(2) Where the Minister of Education conducts projects for support necessary for counseling, psychological treatment, etc. pursuant to Article 34 (2) of the Act, he or she shall conduct such projects for users of educational facilities who suffer mental damage directly or indirectly due to a safety-related accident in educational facilities and their spouses, lineal ascendants and descendants and siblings.

Article 26(Guidance and Supervision) #

When the Minister of Education conducts an inspection under Article 45 (1) of the Act, the Minister shall notify the Safety Institute of an inspection plan including the date, time, grounds, details, etc. of the relevant inspection, except in extenuating circumstances. <Amended on Jan. 31, 2025>

Article 27(Entrustment of Affairs) #

(1) The Minister of Education shall entrust the following affairs to the Safety Institute pursuant to Article 49 (2) of the Act: <Added on Jan. 31, 2025>

1. Affairs concerning a fact-finding survey of fire-fighting facilities and the request for cooperation under Article 10-2 (1) and (2) of the Act;

2. Affairs concerning the establishment, operation, etc. of an integrated information network for educational facilities under Article 23 of the Act.

(2) The head of a supervisory agency shall entrust the following duties to the Safety Institute pursuant to Article 49 (3) of the Act: <Amended on Jan. 31, 2025>

1. Affairs concerning the evaluation and inspection of the management status, etc. of educational facilities and the request for data under Article 9 (1) and (2) of the Act;

2. Affairs concerning evaluating the results of safety inspections, etc. and requesting data under Article 16 (1) and (2) of the Act;

3. Investigating safety-related incidents in educational facilities and requesting data under Article 24 (2) and (3) of the Act.

Article 28(Management of Personally Identifiable Information) #

The Minister of Education may manage data containing resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to verify the status of organizations and human resources necessary for performing the duties for the designation of a specialized institution or the revocation of such designation under Article 33 (1) and (2) of the Act and Article 25 (2) 1 of this Decree. <Amended on Dec. 20, 2022>

Article 28-2(Re-examination of regulation) #

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

1. Facilities subject to Safety Certification of Educational Facilities under Article 13: Jan. 1, 2022;

2. Facilities subject to safety evaluation under Article 20 (1): Jan. 1, 2022.

[This Article Added on Mar. 8, 2022]

Article 29(Criteria for imposition of administrative fines) #

The standards for imposing administrative fines under Article 54 (1) through (3) of the Act shall be as specified in the Appendix.