Article 1(Purpose) #
The purpose of this Act is to guarantee citizens' right to receive education and to prescribe matters necessary for the registration and operation of alternative educational institutions.
Article 2(Definitions) #
The definitions of terms used in this Act are as follows:
1. The term "alternative education" means education centered on learners for the purpose of developing individual aptitudes and talents through various educational contents and educational methods suitable for personal characteristics and needs;
2. The term "alternative educational institution" means any facility, corporation, or organization (hereinafter referred to as "facility, etc.") that provides alternative education registered pursuant to Article 5 of this Act without obtaining authorization under Article 4 of the Elementary and Secondary Education Act.
Article 3(Obligations of the State and local governments) #
The State and local governments shall formulate and implement policies necessary for the operation of alternative educational institutions.
Article 3-2(Duties of founders and operators of alternative educational institutions) #
A founder or operator of an alternative educational institution shall take necessary safety measures, such as subscribing to insurance or mutual-aid programs that cover compensation for any damage to the life or body of students of the alternative educational institution in connection with its operation.
[This Article Added on Jan. 21, 2025]
Article 4(Relationship to other statutes) #
This Act shall prevail over other Acts with respect to alternative educational institutions in preference to other Acts.
Article 5(Registration of establishment and operation of alternative educational institutions) #
(1) A person who intends to establish and operate an alternative educational institution shall register with the superintendent of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "superintendent of education"), along with facilities and equipment prescribed by Presidential Decree, such as school buildings (including gymnasiums) and school sites necessary for alternative education, and documents stating the following matters:
1. Objectives;
2. Name;
3. Location;
4. Goals of education;
5. School regulations;
6. Expenses and maintenance methods;
7. A plan for operating curricula;
8. A plan for placement of teachers and staff;
9. Other matters prescribed by Presidential Decree.
(2) In any of the following cases, no institution shall be registered as an alternative educational institution:
1. Facilities, etc. mainly aiming at admission to foreign universities or colleges;
2. Facilities, etc., the main language of which is foreign languages or for the purpose of learning foreign languages;
3. Facilities registered as private teaching institutes under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;
4. Other facilities, etc. prescribed by Presidential Decree, which are inappropriate to be registered as an alternative educational institution in violation of social norms and are inappropriate to be registered as an alternative educational institution.
(3) The superintendent of education in receipt of an application for registration pursuant to paragraph (1) shall determine whether to approve the registration within one month from the date of receipt of the application after deliberation by the Steering Committee for Registration of Alternative Educational Institutions under Article 9; provided, in inevitable circumstances, the period may be extended only once by up to one month.
(4) When intending to change matters registered pursuant to paragraph (1), he or she shall file for registration of change with the superintendent of education.
Article 6(Grounds for disqualification) #
A person who falls under any of the following subparagraphs may not establish or operate an alternative educational institution:
1. A person under adult guardianship;
2. A person who was declared bankrupt and has not yet been reinstated;
3. A person in whose case five years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including cases where the execution of such sentence is deemed completed) or exempted;
4. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;
5. A person who has been removed or dismissed from office or has been sentenced to punishment or medical treatment and custody for any of the following acts committed by a minor and for whom such punishment or medical treatment and custody becomes final and conclusive (including a person for whom the period of suspension of execution of such punishment or medical treatment and custody has elapsed since he or she was sentenced to suspension of execution):
(a) Sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
(b) Sexual offense against children or juveniles defined subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sexual Abuse;
6. A person in whose case three years have not passed since his or her registration was revoked pursuant to Article 7 (1);
7. A person whose qualification is suspended or forfeited by a court ruling.
Article 7(Revocation of registration of alternative educational institutions) #
(1) Where a person who establishes and operates an alternative educational institution falls under any of the following cases, the superintendent of education may revoke the registration thereof after deliberation by the Steering Committee for Registration of Alternative Educational Institutions under Article 9; provided, in cases falling under subparagraphs 1 and 5, the registration shall be revoked:
1. Where the person has registered it by fraud or other improper means;
2. Where the person has operated or provided education differently from the plan for operating curricula referred to in Article 5 (1) 7;
3. Where the person has operated an alternative educational institution without filing for registration of change under Article 5 (4) or filing it by fraud or other improper means;
4. Where child abuse under subparagraph 7 of Article 3 of the Child Welfare Act is verified against students; provided, this shall not apply where a person who establishes and operates an alternative educational institution has not been negligent in giving due attention and supervision to prevent child abuse;
5. Where the person falls under any of the grounds for disqualification referred to in the subparagraphs of Article 6;
6. Where the person violates this Act or any order issued under this Act.
(2) The founder and operator of an alternative educational institution whose registration is revoked pursuant to paragraph (1) shall, without delay, notify the relevant student's guardian of the relevant details, and the superintendent of education shall take measures to protect the right to learn of the students of the alternative educational institution whose registration is revoked.
(3) Matters necessary for the procedures, methods, etc. for the revocation of registration under paragraph (1) shall be prescribed by Presidential Decree.
Article 8(Closure of alternative educational institutions) #
(1) When a person who establishes and operates an alternative educational institution intends to close the alternative educational institution, the person shall report it to the superintendent of education.
(2) The founder and operator of an alternative educational institution who has reported the closure of an alternative educational institution pursuant to paragraph (1) shall notify the guardians of the students of the closure by no later than six months prior to the closure, and take measures to protect the right to learn of the students, such as guiding the established alternative educational institution for similar purposes, etc.
(3) Matters necessary for reporting on closure under paragraph (1) shall be prescribed by Presidential Decree.
Article 9(Steering Committee for Registration of Alternative Educational Institutions) #
(1) The superintendent of the education shall establish the Steering Committee for Registration of Alternative Educational Institutions (hereinafter referred to as the "Committee") to deliberate on matters concerning the registration, operation, support, etc. of alternative educational institutions.
(2) The Committee shall deliberate on the following matters:
1. Matters concerning registration (including registration of modification) and revocation of registration of alternative educational institutions;
2. Matters concerning support for alternative educational institutions;
3. Other matters determined by the superintendent of education for educational activities of alternative educational institutions.
(3) The Committee shall be comprised of not less than seven but not more than nine members, including one chairperson and one vice-chairperson, and experts related to alternative education shall become a majority of the members.
(4) The chairperson of the Committee shall be the deputy superintendent of education of the competent City/Do Office of Education; the members shall be commissioned by the superintendent of education, and the vice-chairperson shall be elected from among the members.
(5) The chairperson shall convene a meeting of the Committee and pass resolutions with the attendance of a majority of all incumbent members and with the concurrent vote of a majority of those present.
(6) A member of the Committee shall be excluded from deliberation on any of the following matters:
1. Matters concerning the registration or registration of change that a member, spouse of a member, a person who is in a relative relationship with a member, or a corporation to which a member belongs, files an application pursuant to Article 5 (1) or (4);
2. Matters concerning the revocation of registration of an alternative educational institution operated by a member, spouse of a member, a person who is in a relative relationship with a member, or a corporation to which a member belongs.
(7) Other matters necessary for composing and operating the Committee shall be prescribed by Presidential Decree.
Article 10(Postponement of obligation of school enrollment) #
(1) For persons subject to compulsory education under Article 8 (1) of the Framework Act on Education who attend an alternative educational institution, the obligation of school enrollment under Article 13 of the Elementary and Secondary Education Act may be postponed, as prescribed by Presidential Decree.
(2) The head of an alternative educational institution shall notify the personal information of a student who intends to postpone the obligation of school enrollment pursuant to paragraph (1) to the head of the school in which the relevant student is scheduled to attend or is enrolled.
(3) Where a student whose obligation of school enrollment has been postponed pursuant to paragraph (1) intends to re-enroll his or her school, he or she may be re-enrolled after having an evaluation on learning ability and deciding a school year, as prescribed by Presidential Decree.
Article 10-2(Support for operation of alternative educational institutions) #
(1) The superintendent of education and the head of a local government may provide financial support, within the budgetary limits, for the operation of alternative educational institutions.
(2) Matters necessary for the financial support under paragraph (1), including the details of such support, shall be prescribed by Presidential Decree.
[This Article Added on Jan. 21, 2025]
Article 11(Support Center for Alternative Educational Institutions) #
(1) The Minister of Education may designate research institutes, organizations, or corporations related to alternative education as support centers to efficiently support alternative education institutions.
(2) Support centers shall perform the following affairs:
1. Surveys and research for development of alternative educational institutions;
2. On-site support for alternative educational institutions;
3. Fostering and supporting professional human resources for alternative educational institutions;
4. Training for teachers and staff of alternative educational institutions;
5. Sharing information on alternative educational institutions;
6. Other affairs necessary for supporting alternative educational institutions.
Article 12(Fact-finding survey on alternative educational institutions) #
(1) The Minister of Education and the superintendent of education shall conduct a fact-finding survey on alternative educational institutions every five years and utilize them as basic data for formulating alternative education policies.
(2) The Minister of Education and the superintendent of education may request the head of an alternative educational institution to submit necessary data for the fact-finding survey under paragraph (1). Upon receipt of such request, the head of the alternative educational institution shall comply therewith, unless there is a compelling reason not to do so.
(3) Necessary matters concerning methods, details, etc. of fact-finding surveys under paragraph (1) shall be prescribed by Presidential Decree.
Article 13(Entrustment of education) #
(1) Where the Minister of Education or the superintendent of education deems it necessary for the education of students at schools under his or her jurisdiction, he or she may require the head of an alternative educational institution to organize and operate curricula.
(2) The head of a school under Article 2 of the Elementary and Secondary Education Act may entrust part of the curriculum to an alternative educational institution deemed appropriate by the superintendent of education, if deemed necessary for the education of students under his or her jurisdiction.
Article 14(Operating committee of alternative educational institutions) #
(1) An alternative educational institution shall organize and operate an operating committee of the alternative educational institution (hereinafter referred to as "operating committee") in order to enhance autonomy in the operation of the alternative educational institution and to provide education suitable for its characteristics.
(2) An operating committee shall deliberate on the following matters:
1. Matters concerning enactment and amendment of school regulations of an alternative educational institution;
2. Matters concerning budget and settlement of an alternative educational institution;
3. Matters concerning operation methods for curricula of an alternative educational institution;
4. Matters concerning selection of curriculum books and educational materials;
5. Matters concerning the determination, creation, operation, and use of tuition fees, admission fees, and operational support expenses;
6. Proposals and suggestions for operation of an alternative educational institution;
7. Other matters prescribed by Presidential Decree concerning the operation of an alternative educational institution.
(3) An operating committee shall be comprised of representatives of teachers of alternative educational institutions, representatives of parents, etc., and matters necessary for the composition and operation of the operating committee, such as the method of composition and the number of members, shall be prescribed by Presidential Decree.
Article 15(Tuition fees) #
(1) Alternative educational institutions may receive tuition fees, admission fees, and operating support expenses (hereinafter referred to as "tuition fees, etc.") from students.
(2) Necessary matters concerning the amount and payment of tuition fees, etc. shall be determined by the head of an alternative educational institution after deliberation by an operating committee. In such cases, the operating committee shall calculate tuition fees, etc. at an appropriate level in consideration of the inflation rate, wage increase rate, conditions of alternative educational institutions, etc. compared to the previous year.
(3) The head of an alternative educational institution shall take measures necessary to protect learners, such as refunding tuition fees, etc. received from students, where students are unable to continue to attend lectures or where he or she is unable to continue education due to the closure, etc. of the alternative educational institution.
(4) The grounds for refunding tuition fees, etc. under paragraph (3), the amount to be refunded, and other necessary matters shall be prescribed by Presidential Decree.
Article 16(Accounting management) #
The head of an alternative educational institution shall, without delay, disclose the budget and the details of the settlement of accounts deliberated by an operating committee pursuant to Article 14 (2) 2 to the Internet website operated by the alternative educational institution.
Article 17(Qualifications for teachers) #
(1) The qualification requirements for teachers of alternative educational institutions shall be prescribed by Presidential Decree, as those who have a bachelor's or higher degree in the relevant field or who have career experience in the relevant field.
(2) None of the following persons shall be appointed as a teacher:
1. A person under adult guardianship;
2. A person who was declared bankrupt and has not yet been reinstated;
3. A person in whose case five years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed or exempted;
4. A person in whose case two years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed;
5. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;
6. A person who has been removed or dismissed from office or has been sentenced to punishment or medical treatment and custody for any of the following acts committed by a minor and for whom such punishment or medical treatment and custody becomes final and conclusive (including a person for whom the period of suspension of execution of such punishment or medical treatment and custody has elapsed since he or she was sentenced to suspension of execution):
(a) Sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
(b) Sexual offense against children or juveniles defined subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sexual Abuse;
7. A person who has been removed or dismissed from office or has been sentenced to a fine of at least one million won or a heavier punishment or medical treatment and custody for committing a sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes against an adult and for whom such punishment or medical treatment and custody has become final and conclusive (including a person for whom the period of suspension of execution of such punishment or medical treatment and custody has elapsed since he or she was sentenced to suspension of execution).
Article 18(Separate sentence of punishment of fines) #
Notwithstanding Article 38 of the Criminal Act, where a fine is imposed on a concurrent crime prescribed in Article 17 (2) 7 and any other crime, a fine shall be imposed separately.
Article 19(Involuntary retirement) #
Where a teacher of an alternative educational institution falls under any subparagraph of Article 17 (2), he or she shall naturally retire.
Article 20(Corrective orders) #
Where an alternative educational institution violates any relevant statutes or regulations or school regulations of the relevant alternative educational institution concerning facilities, equipment, and other matters, the superintendent of education may order the head of the alternative educational institution to take corrective measures within a specified period.
Article 20-2(Guidance and supervision) #
(1) The superintendent of education and the head of a local government may provide guidance and supervision over the operation of alternative educational institutions, including compliance with statutes or regulations and school rules, and the management and execution of financial support under Article 10-2, to ensure the students’ right to learn and their safety.
(2) Where necessary for guidance and supervision under paragraph (1), the superintendent of education and the head of a local government may, as prescribed by municipal ordinances, require the founder or operator of the relevant alternative educational institution to submit related data, or have relevant public officials enter the facility to inspect its facilities, equipment, and books.
(3) A public official who enters and conducts inspections under paragraph (2) shall carry a certificate indicating his or her authority and present it to the relevant person.
[This Article Added on Jan. 21, 2025]
Article 21(Hearings) #
Where the superintendent of education intends to revoke the registration of an alternative educational institution pursuant to Article 7 (1), he or she shall hold a hearing.
Article 22(Name) #
An alternative educational institution may use the name of as a school. In such cases, it shall indicate that it is an alternative educational institution in front of its name.
Article 23(Delegation of authority) #
The authority of the superintendent of education under this Act may be partially delegated to auxiliary agencies, affiliated educational institutions, or subordinate educational administrative agencies, as prescribed by municipal ordinances or educational rules.
Article 24(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding one million won:
1. A person who operates an alternative educational institution without filing for registration of change under Article 5 (4);
2. A person who closes an alternative educational institution without filing a report on closure under Article 8;
3. A person who fails to comply with a corrective order issued under Article 20.
(2) An administrative fine referred to in paragraph (1) shall be imposed and collected by the superintendent of education as prescribed by Presidential Decree.