ENFORCEMENT DECREE OF THE ACT ON ALTERNATIVE EDUCATIONAL INSTITUTION

Article 1(Purpose) #

The purpose of this Decree is to prescribed matters mandated by the Act on Alternative Educational Institution and those necessary for the enforcement thereof.

Article 2(Registration standards for facilities and equipment) #

(1) The standards for facilities and equipment that a person intending to register an alternative educational institution pursuant to Article 5 (1) of the Act on Alternative Educational Institution (hereinafter referred to as the "Act") shall meet are as follows:

1. Securing school buildings that meet the minimum area standards prescribed in Appendix 1;

2. Owning or leasing school buildings and school grounds directly;

3. Ensuring that school buildings, school grounds, etc. are appropriate for teaching and learning in terms of safety, soundproofing, ventilation, lighting, fire prevention, drainage, and sanitation;

4. Providing educational tools necessary for learning, such as books, machines, and equipment.

(2) 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 the "superintendent of education") may apply paragraph (1) 1 and the registration standards in Appendix 1 with flexibility, to the extent that it does not hinder education, if necessary for the operation of diverse curricula of alternative educational institutions. In such cases, the superintendent of education shall determine whether to relax the registration standards after deliberation by the Steering Committee for Registration of Alternative Educational Institutions under Article 9 (1) of the Act.

(3) Facilities, corporations, or organizations (hereinafter referred to as "facilities, etc.") that cannot be registered as alternative educational institutions pursuant to Article 5 (2) 4 of the Act shall be facilities, etc. that are contrary to good morals or other social order and are determined to be inappropriate for registration as alternative educational institutions by the superintendent of education after deliberation by the Steering Committee for Registration of Alternative Educational Institutions under Article 9 (1) of the Act.

Article 3(Registration of alternative educational institutions) #

(1) A person intending to register an alternative educational institution pursuant to Article 5 (1) of the Act shall submit an application for registration of an alternative educational institution to the superintendent of education, accompanied by documents including the following:

1. Matters under Article 5 (1) 1 through 8 of the Act;

2. Date of establishment;

3. Student quota;

4. Status of facilities and equipment;

5. Ownership or lease status of school buildings and school grounds (if leased, a copy of the lease agreement).

(2) Upon receipt of the application under paragraph (1), the superintendent of education shall verify the land and building registration certificates through the joint use of administrative information under Article 36 (1) of the Electronic Government Act (limited to cases of verifying ownership of school buildings and school grounds).

(3) A person intending to apply for registration of changes to an alternative educational institution pursuant to Article 5 (4) of the Act shall submit an application for registration of changes to an alternative educational institution to the superintendent of education, accompanied by documents verifying the changes.

(4) Upon receipt of an application for registration or registration of changes under paragraph (1) or (3), the superintendent of education shall determine whether to approve the registration or registration of changes and notify the applicant of the result.

(5) When an alternative educational institution registered pursuant to Article 5 (1) of the Act begins operation, the superintendent of education shall receive and manage a student register (hereinafter referred to as the "student register") from the institution including the following information:

1. Student's name, date of birth, and address;

2. Guardian's name, address, and contact information.

(6) Matters necessary for the procedures and methods for registration or registration of changes of alternative educational institutions, and for the management of the student register, other than those prescribed in paragraphs (1) through (5), shall be prescribed and publicly notified by the superintendent of education.

Article 4(Cancellation of registration of alternative educational institutions) #

(1) Where the superintendent of education intends to cancel the registration of an alternative educational institution pursuant to Article 7 (1) of the Act, the superintendent shall hear the opinions of stakeholders including students, parents, and teachers of the relevant institution.

(2) Where the superintendent of education cancels the registration of an alternative educational institution pursuant to Article 7 (1) of the Act, the superintendent shall publicly announce the cancellation on the website or other means and shall receive and manage the student register containing information on students enrolled at the time of cancellation from the relevant institution.

(3) Matters necessary for the procedures and methods for cancellation of registration of alternative educational institutions and for the management of the student register, other than those prescribed in paragraphs (1) and (2), shall be prescribed and publicly notified by the superintendent of education.

Article 5(Reporting of closure of alternative educational institutions) #

(1) A person intending to report the closure of an alternative educational institution pursuant to Article 8 (1) of the Act shall submit a report of closure of an alternative educational institution to the superintendent of education, accompanied by the following documents:

1. Documents including the reason for closure, the date of closure, and measures to protect the learning rights of students enrolled at the time of closure;

2. The student register of students enrolled at the time of the closure report.

(2) Matters necessary for the procedures and methods for reporting the closure of alternative educational institutions, and for the management of the student register, other than those prescribed in paragraph (1), shall be prescribed and publicly notified by the superintendent of education.

Article 6(Composition and operation of the Steering Committee for Registration of Alternative Educational Institutions) #

(1) The chairperson of the Steering Committee for Registration of Alternative Educational Institutions under Article 9 (1) of the Act (hereinafter referred to as the "Steering Committee") shall be the vice superintendent of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province Office of Education (hereinafter referred to as the "City/Do office of education"); where there are 2 or more vice superintendents, the superintendent of education shall designate one of them as the chairperson.

(2) The members of the Steering Committee shall be appointed from among the following persons:

1. A person in a position designated by the superintendent of education from among public officials belonging to the City/Do office of education;

2. A person designated by the head of the relevant local government from among public officials in charge of related duties in the local government;

3. A person commissioned by the superintendent of education, taking into account gender balance, from among the following persons:

a. A person with a doctoral degree in education or a person recognized as having equivalent qualifications;

b. A person with experience in duties related to alternative education in a relevant institution or organization;

c. A person with extensive knowledge and experience in alternative education.

(3) The term of office of a member under paragraph (2) 3 shall be 2 years and may be renewed once.

(4) If deemed necessary for the performance of its duties, the Steering Committee may summon an applicant under Article 3 (1) or (3), or an operator or founder of an alternative educational institution, to attend and state their opinions.

(5) A party to a matter deliberated and resolved by the Steering Committee may file a request for disqualification of a member if there is any circumstance where it is difficult to expect fair deliberation and resolution; the Steering Committee shall determine whether to accept the request by resolution. In such cases, the member subject to the request shall not participate in the resolution.

(6) If a member of the Steering Committee falls under any ground for disqualification prescribed in the subparagraphs of Article 9 (6) of the Act, the member shall recuse themselves from the deliberation and resolution on the relevant matter.

Article 7(Postponement of compulsory education) #

(1) With respect to the procedures for postponement of compulsory education under Article 10 (1) of the Act, Article 28 of the Enforcement Decree of the Elementary and Secondary Education Act shall apply mutatis mutandis.

(2) With respect to the procedures for reenrollment of students whose compulsory education has been postponed under Article 10 (3) of the Act, Article 29 (2) of the Enforcement Decree of the Elementary and Secondary Education Act shall apply mutatis mutandis.

Article 7-2(Financial support for alternative educational institutions) #

(1) The superintendent of education and the head of a local government may provide financial support for the following expenses necessary for the operation of alternative educational institutions pursuant to Article 10-2 (1) of the Act:

1. Expenses necessary for the development and operation of alternative education programs (including instructor fees, textbook expenses, etc.);

2. Expenses necessary for safety measures, such as subscription fees for insurance or mutual-aid programs under Article 3-2 of the Act;

3. Expenses for student meals;

4. Other expenses deemed necessary by the superintendent of education or the head of a local government for the operation of alternative educational institutions.

(2) Where providing support pursuant to Article 10-2 (1) of the Act, the superintendent of education and the head of a local government may provide additional support, within the budgetary limits, to alternative educational institutions that primarily serve students falling under any of the following:

1. Recipients of basic livelihood security or persons in the next lower income bracket under subparagraphs 1 and 10 of Article 2 of the National Basic Living Security Act;

2. Youths eligible for special support under Article 14 of the Youth Welfare Support Act;

3. Persons eligible for self-reliance support under Article 38 (2) of the Child Welfare Act;

4. Persons eligible for special education under subparagraph 3 of Article 2 of the Act on Special Education for Persons with Disabilities;

5. A person entitled to veterans‘ benefits defined in subparagraph 2 of Article 3 of the Framework Act on Veterans Affairs;

6. Members of multicultural families under subparagraph 1 of Article 2 of the Multicultural Families Support Act;

7. North Korean defectors or their children under subparagraph 1 of Article 2 of the Act on the North Korean Defector Protection and Settlement Support Act.

(3) The superintendent of education and the head of a local government may form and operate a consultative body to efficiently support alternative educational institutions in accordance with local circumstances.

(4) Matters necessary for financial support for alternative educational institutions, other than those prescribed in paragraphs (1) through (3), shall be prescribed by ordinances of the relevant local governments.

Article 8(Fact-finding survey of alternative educational institutions) #

(1) A fact-finding survey pursuant to Article 12 (1) of the Act (hereinafter referred to as the "fact-finding survey") shall include the following matters:

1. Status of establishment of alternative educational institutions;

2. Status of faculty members and students of alternative educational institutions;

3. Other matters deemed necessary by the Minister of Education and the superintendent of the City/Do office of education to be included in the fact-finding survey for use as basic data for policy formulation regarding alternative education.

(2) The Minister of Education and the superintendent of the City/Do office of education may conduct a fact-finding survey jointly through mutual consultation, or may entrust such survey to an institution, corporation, or organization equipped with expertise, manpower, and equipment related to alternative education.

(3) The Minister of Education and the superintendent of the City/Do office of education may, if necessary for conducting the fact-finding survey, request the head of the relevant local government to provide data or cooperation.

Article 9(Matters subject to deliberation by operating committees of alternative educational institutions) #

"Matters prescribed by Presidential Decree" in Article 14 (1) 7 of the Act means the following matters:

1. Expenses borne by parents other than tuition, admission fees, and operational support fees (hereinafter referred to as "tuition, etc.");

2. Educational or training activities conducted after regular class hours or during school vacations;

3. Matters concerning school meals;

4. Recognition of qualifications of faculty members under subparagraph 4 of Article 12;

5. Other matters related to the operation of alternative educational institutions that are prescribed by the school regulations of the relevant institution or submitted for deliberation by the head of the institution.

Article 10(Composition and operation of operating committees of alternative educational institutions) #

(1) The operating committee of an alternative educational institution (hereinafter referred to as the "operating committee") under Article 14 (1) of the Act shall be composed of not fewer than 5 nor more than 12 members, including the chairperson.

(2) The members of the operating committee shall consist of representatives of faculty members and parents, and the ratio of such members shall be prescribed by the school regulations of the relevant alternative educational institution within the following ranges:

1. Parent representatives: not less than 10/100 and not more than 50/100;

2. Faculty representatives: not less than 50/100 and not more than 90/100.

(3) Students enrolled in the alternative educational institution and members of the local community related to the institution may attend meetings of the operating committee of the institution and state their opinions.

(4) To facilitate efficient deliberation by the operating committee, subcommittees may be formed by field within the operating committee as necessary.

(5) Matters necessary for the composition and operation of the operating committee and its subcommittees, other than those prescribed in paragraphs (1) through (4), shall be prescribed by the school regulations of the relevant alternative educational institution.

Article 11(Refund of tuition fees) #

Where a cause for refund of tuition, etc. arises pursuant to Article 15 (3) of the Act, the head of the alternative educational institution shall refund the tuition, etc. within 5 days from the date the cause arises, in accordance with the refund criteria prescribed in Appendix 2.

Article 12(Qualifications of teachers) #

Pursuant to Article 17 (1) of the Act, a teacher of an alternative educational institution shall fall under any of the following subparagraphs:

1. A person qualified as a teacher under Appendix 2 of the Elementary and Secondary Education Act;

2. A person who has obtained an associate degree or higher in a field related to the subject they are to teach (including a person recognized as having equivalent or higher academic qualifications under statutes or regulations) and has at least 2 years of practical experience in the relevant field;

3. A person who has at least 4 years of practical experience in a field related to the subject they are to teach;

4. A person who has qualifications equivalent to those under subparagraph 2 or 3, recognized by the head of the alternative educational institution through deliberation by the operating committee of the alternative educational institution;

5. A person who has qualifications equivalent to those under subparagraph 2 or 3 and meets the qualification criteria prescribed and publicly notified by the superintendent of education.

Article 13(Review of regulation) #

The Minister of Education shall review the validity of each of the following matters every 3 years based on January 13, 2022 (referring to by January 13 of every 3rd year), and take measures for improvement, etc., if necessary:

1. The minimum floor area of school buildings under Article 2 (1) 1 and Appendix 1;

2. The documents to be submitted for registration of an alternative educational institution under Article 3 (1);

3. The qualifications of teachers under Article 12.

Article 14(Standards for imposing administrative fines) #

The standards for imposing administrative fines under Article 24 (1) of the Act shall be as prescribed in Appendix 3.