Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on Guarantee of Basic Academic Ability and matters necessary for its enforcement.
Article 2(Minimum standard for achievement) #
(1) "Minimum standards for achievement " under subparagraph 1 of Article 2 of the Act on Guarantee of Basic Academic Ability (hereinafter referred to as the "Act") shall be the basic knowledge and skills, including reading, writing, and calculating, necessary to understand and utilize the contents of the course, such as Korean language and mathematics, pursuant to Article 43(1) of the Elementary and Secondary Education Act.
(2) The Minister of Education shall determine specific matters concerning the minimum standard for achievement under paragraph (1) and shall include them in the comprehensive plan for guaranteeing basic educational abilities under Article 5(1) of the Act.
(3) The superintendent of education (hereinafter referred to as the "superintendent of education") of a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") may establish the details of the minimum standard for achievement to meet local conditions within the scope prescribed by the Minister of Education pursuant to paragraph (2).
Article 3(Formulation of comprehensive plan and implementation plan for guarantee of basic educational abilities) #
(1) Where the Minister of Education formulates a comprehensive plan for guaranteeing basic academic abilities pursuant to the former part of Article 5(1) of the Act (hereinafter referred to as "comprehensive plan for basic academic ability"), the Minister shall formulate such plan by September 30 of the year preceding the year in which the comprehensive plan for basic academic ability is implemented.
(2) "Critical matters prescribed by Presidential Decree" in the latter part of Article 5(1) of the Act means the following:
1. Objectives and basic direction-setting for guarantee of basic academic abilities;
2. Method of promoting guarantee of basic academic abilities;
3. Matters concerning the establishment of infrastructure, such as raising financial resources for guaranteeing basic academic abilities;
4. Matters concerning the improvement of systems and statutes and regulations for guaranteeing basic academic abilities;
5. Specific matters concerning minimum standards for achievement under Article 2;
6. Matters concerning conducting and supporting basic academic ability diagnosis tests under Article 7 of the Act;
7. Matters concerning designation and training of teachers in charge of learning support under Article 9 of the Act.
(3) Where the Minister of Education formulates or amends a comprehensive plan for basic academic ability pursuant to Article 5(1) of the Act, the Minister shall notify the heads of relevant central administrative agencies and the superintendents of education of such fact without delay.
(4) Pursuant to Article 5(3) of the Act, a superintendent of education shall submit to the Minister of Education the results of implementation under the City/Do implementation plan for guaranteeing basic academic ability for the preceding year (hereinafter referred to as "implementation plan for basic academic ability") and the implementation plan for basic academic ability for the following year by no later than two months before the beginning of the school year of the following year.
(5) Where the superintendent of education amends an implementation plan for basic academic ability submitted pursuant to paragraph (4), he or she shall submit the amended implementation plan for basic academic ability to the Minister of Education without delay.
(6) Where a superintendent of education formulates or amends an implementation plan for basic academic ability, he or she shall notify the heads of relevant central administrative agencies and the heads of schools under Article 2 of the Elementary and Secondary Education Act (hereinafter referred to as "schools") of such fact without delay.
Article 4(Composition of Basic Academic Ability Guarantee Committee) #
(1) The Basic Academic Ability Guarantee Committee established under Article 6(1) of the Act (hereinafter referred to as the "Basic Academic Ability Guarantee Committee") shall be comprised of not more than 15 members, including one chairperson and one vice chairperson.
(2) The Vice Minister of Education shall serve as the chairperson of the Basic Academic Ability Guarantee Committee (hereinafter referred to as the "chairperson") and a person appointed by the chairperson from among the commissioned members under paragraph (3)2 shall serve as the vice chairperson of the Basic Academic Ability Guarantee Committee.
(3) The Members of the Basic Academic Ability Guarantee Committee shall be the following persons: <Amended on Dec. 23, 2025>
1. The person in a position related to the affairs on guaranteeing basic academic abilities designated by the Minister of Education from among public officials of Grade III or higher belonging to the Ministry of Education (including public officials belonging to the Senior Executive Service);
2. Persons appointed by the Minister of Education from among the following persons, taking gender into account; in such cases, persons falling under item d shall be included:
a. Persons who hold or held an assistant professorship or higher position or in a position equivalent thereto at a university or college or an officially recognized research institute and have expertise in guaranteeing basic academic abilities;
b. A teacher who has at least five years' work experience in the affairs related to guaranteeing basic academic abilities or specialized educational personnel under the Educational Officials Act;
c. Other persons who have abundant expertise and experience in guaranteeing basic academic abilities.
d. Persons recommended by the council established pursuant to Article 42(1) of the Local Education Autonomy Act from among those falling under any of subparagraph b or c.
(4) The term of office of commissioned members under paragraph (3)2 shall be three years, and they may be reappointed only once.
Article 5(Operation of Basic Academic Ability Guarantee Committee) #
(1) The chairperson shall represent the Basic Academic Ability Guarantee Committee and exercise overall control over its affairs.
(2) Where the chairperson is unable to perform his or her duties due to unavoidable reasons, the vice chairperson shall act on behalf of the chairperson.
(3) Meetings of the Basic Academic Ability Guarantee Committee shall be convened by the chairperson when the chairperson deems it necessary or at the request of at least 1/3 of all incumbent members.
(4) When the chairperson convenes a meeting, he or she shall notify each member of the date, time, venue, and agenda items of the meeting by not later than five days before the meeting is held; provided, where he or she needs to convene a meeting urgently, he or she may not notify it.
(5) A meeting of the Basic Academic Ability Guarantee Committee 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) Subcommittees may be established under the Basic Academic Ability Guarantee Committee to efficiently perform the duties of Basic Academic Ability Guarantee Committee.
(7) The Basic Academic Ability Guarantee Committee shall have one secretary to handle its affairs, who shall be appointed by the Minister of Education from among public officials of the Ministry of Education.
(8) Where the chairperson deems it necessary for the deliberation of the agenda items on the agenda, he or she may have the relevant public officials or experts attend the meeting to hear their opinions.
(9) Except as otherwise provided for in this Decree, matters necessary for the composition and operation of the Basic Academic Ability Guarantee Committee and subcommittees under paragraph (6) shall be determined by the chairperson following a resolution by the Basic Academic Ability Guarantee Committee.
Article 6(Methods of conducting basic academic ability diagnosis tests) #
(1) The basic academic ability diagnosis test under Article 7(1) of the Act (hereinafter referred to as "basic academic ability diagnosis test") shall be conducted by means of evaluation of writing, observation, interview, etc.
(2) When the head of a school conducts a basic academic ability diagnosis test, he or she shall notify the students and the guardians of the students of the subjects, methods, schedule, etc. of the test in advance.
(3) The Minister of Education and the superintendent of education may establish and operate a system to provide evaluation items and the results of basic academic ability diagnosis tests through electronic communications media, such as computers, in order to support the efficient operation of basic academic ability diagnosis tests.
(4) Except as otherwise provided for in paragraphs (1) through (3), detailed matters necessary for conducting basic academic ability diagnostic tests shall be determined by the superintendent of education.
Article 7(Selection of students eligible for learning support) #
(1) The selection of students eligible for learning support under Article 8(1) of the Act (hereinafter referred to as "students eligible for learning support") shall be completed within two months from the commencement date of each school year; provided, where the head of a school deems that new students need learning support education due to admission, transfer admission, transfer, etc., the head of a school may additionally select students eligible for learning support even after two months have passed.
(2) In order to deliberate on matters concerning the selection and support of students eligible for learning support, the head of a school may establish a council for supporting students eligible for learning support in accordance with the standards for composition and operation determined and publicly notified by the superintendent of education in order to deliberate on matters concerning the selection and support of students eligible for learning support.
(3) Where the head of a school provides education or counseling to guardians, such as parents of students eligible for learning support, pursuant to Article 8(3) of the Act, he or she may request guardians, such as parents of students, in advance, to faithfully cooperate in such education or counseling.
(4) The head of a school may request the superintendent of education to provide administrative and financial support to students selected pursuant to paragraph (1) who are deemed to require additional support for learning support education, such as learning guidance and psychological counseling, which are difficult to provide by the school, from among students eligible for learning support selected pursuant to paragraph (1).
(5) When the head of a school places assistants in classes of subjects requiring special learning assistance pursuant to Article 8(5) of the Act, he or she shall formulate a plan for the supply and demand of assistants in consideration of the current status of teachers under his or her jurisdiction, the scope of coordination of duties, etc.
(6) When the head of a school implements a plan for the supply and demand of assistants formulated pursuant to paragraph (5), he or she may request the superintendent of education to provide administrative and financial support necessary for the operation of assistants, if necessary for the appropriate treatment of assistants and the creation of a working environment, etc.
Article 8(Duties of teachers in charge of learning support) #
(1) A Teacher in charge of learning support under Article 9(1) of the Act (hereinafter referred to as "teacher in charge of learning support") shall perform the following duties:
1. Formulation and management of learning support education operation plans;
2. Education and counseling for students eligible for learning support;
3. Other affairs necessary for conducting learning support education.
(2) The head of a school may adjust the working conditions of a teacher in charge of learning support, such as the number of school hours, division of duties, etc. of a teacher in charge of learning support, if necessary for the smooth performance of his or her duties.
(3) A teacher in charge of learning support shall complete a job training provided by the Minister of Education or the superintendent of education pursuant to Article 9(2) of the Act within one year from the date he or she is designated as a teacher in charge of learning support.
Article 9(Designation and operation of national basic academic ability support center) #
(1) The Minister of Education may designate any of the following institutions or corporations as basic academic ability support centers pursuant to Article 10(1) of the Act:
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. Universities and Colleges defined in subparagraph 1 of Article 2 of the Higher Education Act and teachers' colleges defined in subparagraph 3 of that Article.
(2) A basic academic ability support center designated pursuant to paragraph (1) (hereinafter referred to as "national basic academic ability support center") shall perform the following duties:
1. Improvement, research, and development of policies for systems for guarantee of basic academic abilities;
2. Support for fact-finding surveys of students eligible for learning support and development and utilization of materials for learning of students;
3. Assistance in operating projects related to guarantee of basic academic abilities;
4. Support for training for strengthening capabilities of teachers in charge of learning support;
5. Management of performance of projects related to guarantee of basic academic abilities.
(3) An institution or corporation that intends to be designated as a national basic academic ability support center shall meet all of the following requirements:
1. The objectives and plans of projects related to guaranteeing basic academic abilities shall be appropriate;
2. It shall have professional human resources with a master's degree or doctoral degree in the field of majors in elementary and secondary education which can conduct projects related to guaranteeing basic academic abilities.
(4) Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the designation, operation, etc. of national basic academic ability support centers shall be determined and publicly notified by the Minister of Education.
Article 10(Designation and operation of city/do basic academic ability support centers) #
(1) Pursuant to Article 10(1) of the Act, the superintendent of education may designate any of the following institutions, corporations, or organizations as a basic academic ability support center:
1. A public institution under Article 4 of the Act on the Management of Public Institutions;
2. Public interest corporations under Article 2 of the Act on the Establishment and Operation of Public Interest Corporations;
3. The non-profit corporation established under Article 32 of the Civil Act;
4. Universities and colleges defined in subparagraph 1 of Article 2 of the Higher Education Act and teachers' colleges defined in subparagraph 3 of that Article;
5. Other institutions or organizations publicly notified by the superintendent of education as deemed appropriate for performing affairs related to guaranteeing basic academic abilities.
(2) A basic academic ability support center designated under paragraph (1) (hereinafter referred to as "City/Do basic academic ability support center") shall perform the following duties:
1. Support for promoting implementation plans for basic academic ability in consideration of regional conditions;
2. Support for operation of learning support education by City/Do offices of education;
3. Support for and operation of training and strengthening capabilities of teachers in charge of learning support;
4. Management of performance of projects related to guarantee of basic academic abilities of City/Do offices of education;
5. Support for students in need of additional support under Article 7(4).
(3) An institution, corporation, or organization that intends to be designated as a City/Do basic academic ability support center shall meet all of the following requirements:
1. The objectives and plans of projects related to guaranteeing basic academic abilities shall be appropriate;
2. It shall have professional human resources capable of conducting projects related to guaranteeing basic academic abilities.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the designation, operation, etc. of City/Do basic academic ability support centers shall be determined and publicly notified by the superintendent of education.
Article 11(Posting of designation of basic academic ability support centers) #
Where the Minister of Education and the superintendent of education designate or revoke the designation of a national basic academic ability support center or a City/Do basic academic ability support center, they shall post such fact on the website of the Ministry of Education or the relevant office of education.