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| Article 1 (Purpose) |
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The purpose of this Act is to guarantee citizens' right to know and promote academic studies and research on policies by providing for the duty to disclose information held and managed by each education-related institution and fundamental matters necessary for such disclosure, and also to prescribe special exceptions to the Official Information Disclosure Act in order to encourage participation in school education and enhance the efficiency and transparency of educational adminstration.
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows: <Amended by Act No. 10012, Feb. 4, 2010; Act No. 11135, Dec. 31, 2011; Act No. 11527, Dec. 11, 2012>
| 1. |
The term "information" means any matter recorded in a document (including an electronic document), drawing, photograph, film, tape, slide, or any other similar medium prepared or acquired by an education-related institution for its business in connection with school education; |
| 2. |
The term "disclosure" means that an education-related institution allows the inspection of any information, delivers a copy or reproduction of such information made pursuant to this Act, or discloses or provides any information through the information and communications network under subparagraph 10 of Article 2 of the Electronic Government Act (hereinafter referred to as "information and communications network"); |
| 3. |
The term "publication" means a way of disclosure by which an education-related institution notifies or provides information held and managed by it, in advance, through the information and communications network or by a means specified by any other Act and subordinate statute, irrespective of inspection and delivery of information or citizens' demands for such inspection or delivery; |
| 4. |
The term "education-related institution" means a school, an educational administrative agency, or an educational research institute; |
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| Article 3 (Principle of Disclosure of Information) |
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| (1) |
Each education-related institution shall disclose information held and managed by it in compliance with the provisions of this Act. |
| (2) |
No information published or provided pursuant to this Act shall include personal information of students and teaching staff. |
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| Article 4 (Relationships with other Acts) |
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| Article 5 (Information, etc. subject to Publication by Elementary and Secondary Schools) |
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| (1) |
The head of a school that provides elementary or secondary education shall publish each of the following information which is held and managed by the school, at least once a year. In such cases, the head of such school shall submit the information so disclosed (hereinafter referred to as "disclosed information") to the Superintendent of the competent Office of Education, while the Minister of Education may, if deemed necessary, require the head of such school to submit materials related to the disclosed information: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. |
Regulations on the operation of the school, such as school rules; |
| 2. |
Matters concerning the composition and operation of curriculum; |
| 3. |
Changes in students, such as the number of students in each grade and each class, students transferred in and out, and students who have given up education; |
| 4. |
The current status of learning in each grade and each class of the school; |
| 5. |
Matters concerning school facilities, such as school site and buildings; |
| 6. |
Matters concerning the current status of teaching staff by position and qualification; |
| 7. |
Matters concerning the accounting of the school and its foundation, including details of budget and settlement of accounts; |
| 8. |
Matters concerning the school steering committee; |
| 9. |
Matters concerning school meals; |
| 10. |
Matters concerning public health management, environmental sanitation, and safety control; |
| 11. |
Matters concerning incidents of school violence and dispositions thereof; |
| 12. |
Matters concerning basic data for academic research on evaluation of achievements of education at a nationwide level or at the level of each City/Do; |
| 13. |
Matters concerning the admission of students and postgraduate courses of graduates; |
| 15. |
Other matters concerning educational conditions, the status of school operation, etc. |
| (2) |
Neither the Superintendent of an Office of Education nor the Minister of Education shall provide the name of an individual school, when disclosing materials under paragraph (1) 4 or 12, and the scope of information that may be disclosed with regard to location shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) |
Necessary matters concerning the specific scope of information that may be published pursuant to paragraph (1), and the frequency and timing of such publication shall be prescribed by Presidential Decree. |
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| Article 5-2 (Information, etc. subject to Publication by Kindergartens) |
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| (1) |
The head of a kindergarten shall publish each of the following information which is held and managed by the kindergarten, at least once a year. In such cases, the head of such kindergarten shall submit the information so disclosed to the Superintendent of the competent Office of Education, while the Minister of Education may, if deemed necessary, require the head of the kindergarten to submit materials related to the disclosed information: <Amended by Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. |
Basic information about the kindergarten, such as rules and facilities; |
| 2. |
Matters concerning kindergarteners and teaching staff; |
| 3. |
Matters concerning the curricula of the kindergarten and the organization and operation of after-school programs; |
| 4. |
Matters concerning the accounting of the kindergarten, including fees, and details of budgets and settlement of accounts; |
| 5. |
Matters concerning the feeding programs, health care management, environment and hygiene, and safety management of the kindergarten; |
| 7. |
Other matters concerning the educational conditions and operational status of the kindergarten, etc. |
| (2) |
Necessary matters concerning the specific scope of information that may be published pursuant to paragraph (1), and the frequency and timing of such publication shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11135, Dec. 31, 2011]
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| Article 6 (Information, etc. subject to Publication by Higher Educational Institutions) |
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| (1) |
The head of a school that provides higher education shall publish each of the following information which is held and managed by the school, at least once a year. In such cases, the head of such school shall submit the disclosed information to the Minister of Education: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9643, May 8, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. |
Regulations on the operation of the school, such as school rules; |
| 2. |
Matters concerning the composition and operation of curriculum; |
| 3. |
Matters concerning the method and time schedule for selecting students; |
| 4. |
Matters concerning the current status of students, such as the enrollment ratio and the number of students enrolled; |
| 5. |
Matters concerning courses taken by students after graduation, such as the current status of students going on to a higher school and those employed; |
| 6. |
Matters concerning the current status of full-time teaching staff; |
| 7. |
Matters concerning the achievements of full-time teaching staff in research; |
| 8. |
Matters concerning the accounting of the school and its foundation, including details of budget and settlement of accounts; |
8-2. Matters concerning grounds for calculation of tuition fees and education expenses per student;
| 10. |
Plans for development and specialization of the school; |
| 11. |
The current status of research made by teaching staff, education for students, and cooperations between industries and academic circles; |
| 12. |
The current status of support for libraries and research; |
| 13. |
Other matters concerning educational conditions, the status of school operation, etc. |
| (2) |
If necessary for citizens' convenience, the Minister of Education may classify information published by heads of schools pursuant to paragraph (1) by type and area of schools to disclose the information. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) |
Necessary matters concerning the specific scope of information that may be published pursuant to paragraph (1), the frequency and timing of such publication, and the method of disclosing information pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
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| Article 7 (Recommendation, etc. of Publication) |
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| (1) |
The Minister of Education shall prepare and distribute forms necessary for publication under Articles 5, 5-2 and 6 and shall also collect and manage disclosed information. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11135, Dec. 31, 2011; Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Education may designate an institution for overall administration and institutions for administration of each item in order to collect and manage disclosed information under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Education shall recommend the head of an education-related institution to take corrective measures, if the head of the education-related institution fails to make disclosure or publication in compliance with the provisions of this Act or neglects to do so. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
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| Article 8 (Promotion, etc. of Academic Research) |
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| (1) |
The head of each education-related institution may provide materials held and managed by the institution, to a researcher or any similar person as prescribed by Presidential Decree, for the promotion of academic research and the development of educational policies. |
| (2) |
No person who has been provided with materials pursuant to paragraph (1) shall unduly use or divulge such materials for any purpose other than the purposes originally stated. <Amended by Act No. 11135, Dec. 31, 2011> |
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| Article 8-2 (Collection, Linkage, Processing, Provision, etc. of Information Held and Managed by Education-Related Institutions) |
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| (1) |
The Minister of Education and the Superintendent of an Office of Education may collect, link, or process information held and managed by the head of any education-related institution for the purpose of use for establishing educational policies, promoting academic research, preparing statistics, etc.: Provided, That in cases of the Superintendent of an Office of Education, such collection, linkage, or processing of information shall be limited to schools and educational administrative agencies in Cities/Dos under his/her jurisdiction, among education-related institutions. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Education and the Superintendent of an Office of Education may provide researchers, etc. with information collected, linked or processed under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
In cases falling under paragraphs (1) and (2), information shall be collected or provided in a manner that the relevant individuals, corporations, organizations, etc. are unidentifiable. |
| (4) |
No person who has been provided with materials pursuant to paragraph (2) shall unduly use or divulge such materials for any purpose other than the purposes originally stated. |
| (5) |
Necessary matters concerning the collection of information under paragraph (1) and the provision of information under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11135, Dec. 31, 2011]
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| Article 9 (Delegation of Authority) |
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The authority of the Minister of Education under this Act may be partially delegated to the Superintendent of each Office of Education or any similar person, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
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| Article 10 (Order for Correction or Rectification) |
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| (1) |
The Minister of Education shall order the head of an institution to make a correction or rectification, if the head of the institution fails to disclose information specified in this Act or discloses false information. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) |
If the head of a school, subject to an order for correction or rectification under paragraph (1) or a recommendation under Article 7 (3), fails to comply with the order or recommendation within a specified periodwithout any justifiable ground, the Minister of Education may apply Article 30 (2) of the Early Childhood Education Act, Article 63 (2) of the Elementary and Secondary Education Act, or Article 60 (2) of the Higher Education Act mutatis mutnadis to the head of the school. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11135, Dec. 31, 2011; Act No. 11690, Mar. 23, 2013> |
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| Article 10-2 (Orders for Correction or Rectification concerning Use of Disclosed or Published Information) |
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| (1) |
In conducting public relations for a school, or labeling or advertising a school under the Act on Fair Labeling and Advertising, no head of a school shall inform information different from the information disclosed or published under this Act. |
| (2) |
If the Minister of Education deems it necessary to verify whether the head of a school violates paragraph (1), he/she may request the head of the relevant school to submit materials. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The head of a school requested to submit materials pursuant to paragraph (2) shall submit the relevant materials to the Minister of Education, except in extenuating grounds. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
When the head of a school violates paragraph (1), the Minister of Education shall order the head of such school to correct or rectify such violation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) |
In any of the following cases, the Minister of Education shall, without delay, publish the relevant fact on the home page of the information and communications network publishing school information: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where he/she issues an order for correction or rectification pursuant to paragraph (4); |
| 2. |
Where he/she takes measures under paragraph (5); |
| 3. |
Other similar matters prescribed by Presidential Decree. |
| (7) |
Matters necessary for requests for submitting materials under paragraph (2), submission of materials under paragraph (3), orders for correction or rectification under paragraph (4), measures taken under paragraph (5), and publication under paragraph (6) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10635, May 19, 2011]
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| Article 11 (Penal Provisions) |
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If a person who is provided with materials pursuant to Article 8 (1) or 8-2 (2) violates Article 8 (2) or 8-2 (4), he/she shall be punished by imprisonment for not more than one year, or by a fine not exceeding ten million won.<Amended by Act No. 11135, Dec. 31, 2011>
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| Article 12 (Relationships with the Official Information Disclosure Act) |
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ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9643, May 8, 2009>
This Act shall enter into force on January 1, 2010.
ADDENDA<Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 10635, May 19, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM<Act No. 11135, Dec. 31, 2011>
This Act shall enter into force three months after the date of its promulgation: Provided, That the provisions of Articles 8-2 and 11 shall enter into force on the date of its promulgation.
ADDENDA<Act No. 11382, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 11527, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
