Act On The Establishment, Operation Of Private Teaching Institutes And Extracurricular Lessons


Published: 2011-07-25

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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the promotion of lifelong education, and to stipulate matters pertaining to extracurricular lessons by providing for matters on the establishment and administration of private teaching institutes to encourage the sound development of private teaching institutes.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 2 (Definitions)   print
The terms used in this Act have the following meanings: <Amended by Act No. 8989, Mar. 28, 2008; Act No. 10916, Jul. 25, 2011>
1. The term "private teaching institute" means a facility where an individual provides an educational course (including provision of guidance. such as consulting, etc. necessary for entering a school of higher grade and teaching through the distance education utilizing information and communications technology; hereinafter the same shall apply) for not less than 30 days (including cases where the the total nomber of teaching days of repeated courses is not less than 30 days; hereinafter the same shall apply) to teach knowledge, techniques (including skills; hereinafter the same shall apply) and arts to students whose number is not less than the number determined by Presidential Decree, or to many and unspecified students; or a facility which is provided for learning for not less than 30 teaching days: Provided, That the following facilities shall be excluded:
(a) Schools referred to in the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, and other Acts and subordinate statutes;
(b) Libraries, museums, and science halls;
(c) Facilities such as places of work, which are used for employee training;
(d) Lifelong education facilities, which are authorized, registered, reported or declared under the Lifelong Education Act;
(e) Training facilities for vocational education referred to in the Vocational Training Promotion Act or facilities established under other Acts concerning lifelong education;
(f) Driving schools referred to in the Road Traffic Act;
(g) Facilities managed jointly by the occupants of the collective housing referred to in subparagraph 2 of Article 2 of the Housing Act, which are installed or used for training of the occupants for nonprofit-making purposes by resolution of a council of occupants' representatives under Article 43 of the same Act.
2. The term "teaching school" means a facility for extracurricular lessons referred to in subparagraph 4, and which is neither a private teaching institute nor a facility referred to in each item of subparagraph 1;
3. The term "private tutor" means a person who gives extracurricular lessons at any of the following facilities in exchange for tuition fees, etc.:
(a) A student's or a tutor's residence, which is a house or an apartment house under Article 2 (2) of the Building Act;
(b) Facilities referred to in subparagrapn 1 (g).
4. The term "extracurricular lessons" means lessons for knowledge, techniques and arts given to students of elementary, middle, or high schools or schools equivalent thereto or preparers for school entrance examinations or examination for certification of academic attainments: Provided, That the following lessons shall be excluded:
(a) Lessons given at the facilities referred to in subparagraph 1 (a) through (f) according to the purposes of their establishment;
(b) Lessons given by any of their relatives from the same place of registration;
(c) Lessons given as volunteer activities as determined by Presidential Decree;
5. The term "students" means any of following persons:
(a) Anyone who takes lessons at any private teaching institutes or teaching schools;
(b) Anyone who uses facilities provided as a place of learning for at least 30 teaching days;
(c) Anyone who takes lessons from a private tutor.
6. The term "teaching fees, etc." means lecture fees, service fees, or teaching fees, etc. (hereinafter referred to as "teaching fees") which a student pays to any of the following persons in return for lessons or use of the place of learning and all other expenses paid in addition to them (hereinafter referred to as "other expenses"):
(a) A founder or an administrator of a private teaching institute (hereinafter referred to as "founder or administrator of a private teaching institute");
(b) A founder or an administrator of a teaching school (hereinafter referred to as an "operator of a teaching school");
(c) A priviate tutor.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 2-2 (Types of Private Teaching Institutes)   print
(1) The types of private teaching institutes shall be as follows: <Amended by Act No. 10916, Jul. 25, 2011>
1. A private teaching institute for school curriculum: A private teaching institute that teaches the school curriculum pursuant to Article 23 of the Elementary and Secondary Education Act or teaches the following persons:
(a) Young children referred to in subparagraph 1 of Article 2 of the Early childhood Education Act;
(b) Persons with any disability falling under any subparagraph of Article 15 (1) of the Act on Special Education for the Disabled Persons, etc.;
(c) Students of schools referred to in Article 2 of the Elementary and Secondary Education Act: Provided, That this shall not apply to the lessons for employment at private teaching institutes in vocational-technical field which are aimed at vocational training.
2. A private teaching institute for lifelong education or vocational training: A private teaching institute for lifelong education or vocational training, other than a private teaching institute under subparagraph 1.
(2) Classification of curriculum by the types of private teaching institutes under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 3 (Restrictions on Extracurricular Lessons by School Teachers)   print
Any teacher belonging to any school established under Article 2 of the Elementary and Secondary Education Act, Article 2 of the Higher Education Act or other Acts shall not be allowed to teach extracurricular lessons as private tutors.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 4 (Duties of Founder or Administrator, etc. of Private Teaching Institutes)   print
(1) A founder or an administrator of a private teaching institute shall manage the private teaching institute autonomously and creatively, provide convinience for students, lessen the burden of students by collecting fair teaching fees, provide equal opportunities for education, and perform any other duties required as a person in charge of lifelong education. <Amended by Act No. 8989, Mar. 28, 2008; Act No. 10916, Jul. 25, 2011>
(2) An operator of a teaching school or a private tutor shall, in giving extracurricular lessons, perform his/her duties as a person in charge of instruction by making efforts to provide convenience, to lessen their burden by collecting fair teaching fees, etc. and to provide equal opportunities for students. <Amended by Act No. 8989, Mar. 28, 2008; Act No. 10916, Jul. 25, 2011>
(3) A founder or an administrator of a private teaching institute or an operator of a teaching school shall take necessary safety measures, such as buying an insurance policy or joining a mutual-aid program to cover harm to a student's life or body in relation to the administration of a private teaching institute and a teaching school as determined by the Municipal Ordinance of Seoul Special Metropolitan City, a metropolitan city, a Do or a special self-governing province (hereinafter referred to as the "City/Do").
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 5 (Hygiene, etc. of Educational Environment)   print
(1) A founder and an administrator of a private teaching institute or an operator of a teaching school shall maintain clean educational environment and sanitary facilities of the relevant private teaching institute or teaching school.
(2) A founder and an administrator of a private teaching institute or an operator of a teaching school shall not establish or administrate a private teaching institute for school curriculum or a teaching school in a building where a place of business that may harm the educational environment (hereinafter referred to as "place of noxious business") is located. <Amended by Act No. 10916, Jul. 25, 2011>
(3) Where a place of noxious business is to be established in the same building where a private teaching institute for school curriculum or a teaching school is located, the head of the administrative agency who grants permission, authorization, etc. for such business shall consult with the superintendent of the competent office of education in advance. <Amended by Act No. 10916, Jul. 25, 2011>
(4) The types of places of noxious business pursuant to paragraphs (2) and (3) refer to the business places where any act falling under any subparagraph of Article 6 (1) is conducted or any facilities falling thereunder (excluding a business place of billiard room, comics shop, providing facilities for internet computer games under subparagraph 7 of Article 2 of the Game Industry Promotion Act) are established. <Amended by Act No. 10916, Jul. 25, 2011>
(5) Paragraphs (2) and (3) shall not apply to the buildings whose total floor area is not less than 1,650 square meters, except as provided for in any of following subparagraphs: <Newly Inserted by Act No. 10916, Jul. 25, 2011>
1. Where a private teaching institute is located at the same floor with a noxious business place within a horizontal distance of 20 meters;
2. Where a private teaching institute is located at the one floor up or down from the place of noxious business within the horizontal distance of six meters.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 6 (Registration of Foundation or Administration of Private Teaching Institutes)   print
(1) A person who wishes to establish or administrate a private teaching institute shall register with the superintendent of the competent office of education, equipped with facilities and equipment referred to in Article 8, stating the personal information of a founder, curriculum, list of instructors, teaching fees, etc., facilities and equipment in the written application for registration of foundation or administration of private teaching institutes as prescribed by Presidential Decree. The same shall apply to cases of change to the curriculum, list of instructors, teaching fees, etc., and other matters prescribed by Presidential Decree from among the registered matters. <Amended by Act No. 10916, Ju. 25, 2011>
(2) The registration of a private teaching institute for school curriculum with lodging facilities may be permitted only when such private teaching institute meets the standards determined by Municipal Ordinance of the competent City/Do, taking into account the educational conditions of the relevant area, the safety of students, the necessity for lodging facilities, etc. within the scope prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 7 (Conditional Registration of Foundation)   print
(1) In receiving registration of establishment or administration of a private teaching institute referred to in Article 6, the superintendent of the competent office of education may accept the registration of foundation or administration on condition that has the facilities and equipment referred to in Article 8 within a period fixed by Presidential Decree.
(2) Where a person who has registered pursuant to paragraph (1) fails to have facilities and equipment within such period without justifiable grounds, the superintendent of the competent office of education shall cancel such registration.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 8 (Standards for Facilities)   print
A private teaching institute shall have and maintain facilities and equipment necessary for teaching and learning in confirmity with the standards by unit facility and by teaching curriculum determined by Municipal Ordinance of the competent City/Do: Provided, That the firefighting facility of a private teaching institute shall be governed by the Acts and subordinate statutes related to firefighting.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 9 (Disqualifications, etc.)   print
(1) No person who falls under any of the following subparagraphs shall register establishment or administration of a private teaching institute referred to in Article 6:
1. An incompetent person or quasi-incompetent person;
2. A person who has been declared bankrupt but has not been reinstated;
3. A person who has been sentenced to imprisonment without prison labor or heavier punishment, and three years have not yet elapsed since the expiration of the term of sentence, or the exemption from such sentence has been finalized;
4. A person who has been sentenced to a fine in violation of this Act, and one year has not yet elapsed since such sentencing;
5. A person whose qualification has been suspended or forfeited by a decision of the court;
6. A person whose registration for a private institute has been cancelled pursuant to Article 17 (1), and one year has not yet elapsed; and
7. A corporation, any of whose executives falls under any of subparagraphs 1 through 6.
(2) Where a founder or administrator of a private teaching institute falls under any of the causes referred to in any subparagraph of paragraph (1), the relevant registration shall lose its validity: Provided, That this shall not apply to cases under paragraph (1) 7, if the relevant corporation appoints another executive within 3 months from the date such cause occurs.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 10 (Report of Suspension or Closure, etc. of Private Teaching Institutes)   print
Where a founder or administrator of a private teaching institute wishes to suspend operation of the institute for not less than one month, or close it, he/she shall make a report to the superintendent of the competent office of education without delay, as determined by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 11 Deleted.<by Act No. 5634, Jan. 18, 1999>   print
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 Article 12 (Curriculum)   print
The curriculum of a private teaching institute shall be determined by a founder or administrator of the private teaching institute in consideration of students’ need and practicality.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 13 (Instructors, etc.)   print
(1) Instructors who teach at private teaching institutes shall meet the qualifications as determined by Presidential Decree.
(2) A founder or administrator of a private teaching institute shall post a notice on an instructor’s personal information on age, academic background, major, career, etc. under the conditions determined by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The superintendent of the competent office of education may, if necessary, establish and implement training programs training founders, administrators and instructors of private teaching institutes to improve their quality as persons in charge of social education under the conditions as determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 14 (Report, etc. of Establishment and Administration of Teaching Schools)   print
(1) Any person who wishes to establish or administrate a teaching school shall make a declaration to the superintendent of the competent office of education under the conditions determined by Presidential Decree. The same shall also apply to the cases where he/she changes the declared matters determined by Presidential Decree.
(2) A teaching school shall be a place where one operator of a teaching school teaches only one subject in one location.
(3) The qualifications for an operator of a teaching school, location, facilities and equipment of a teaching school, the number of students or other necessary matters shall be determined by Presidential Decree.
(4) In cases where an operator of a teaching school wishes to suspend operation of the teaching school for not less than one month, or close it he/she shall immediately report to the superintendent of the competent office of education, under the conditions as determined by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008>
(5) Any person who received the disposition of closing down a teaching school pursuant to Article 17 (2) shall not declare the same types of teaching school within one year from such disposition under the conditions determined by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 14-2 (Report etc. by Private Tutors)   print
(1) A person who intends to provide private extracurricular lessons shall report his/her personal information, the subjects and place of, and fees for lessons to the superintendent of the competent office of education having jurisdiction over his/her address under the conditions prescribed by Presidential Decree. The same shall apply to cases of changing declared matters prescribed by Presidential Decree: Provided, That this shall not apply to the students (excluding those on leave of absence) attending colleges or universities established under Article 2 of the Higher Education Act or other individual Acts (including graduate schools) and the schools equivalent thereto.
(2) The superintendent of the competent office of education shall, upon receipt of a report on private extracurricular lessons under paragraph (1), issue a certificate of report on the conditions determined by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008>
(3) A private tutor shall place his/her certificate of report at the place of tuition, or produce it upon the requests of students or their parents.
(4) In cases where a private tutor has misplace his/her certificate of report issued pursuant to paragraph (2), or such certificate has become damaged, he/she may request the superintendent of the competent office of education for re-issuance under the conditions determined by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 8852, Feb. 29, 2008>
(5) In cases where a private tutor ceases to provide private extracurricular lessons, such fact shall be reported to the superintendent of the competent office of education.
(6) The superintendent of the competent office of education may, if deemed necessary, order the adjustment of tuition fees to private tutors under the conditions prescribed by Presidential Decree.
(7) The superintendent of the office of education who receives a report or an alteration report under paragraph (1) from a private tutor whose place of tuition is not under his/her jurisdiction shall notify the superintendent of the office of education having jurisdiction over the place of tuition of such fact.
(8) A person who has received an order of suspension of tuition pursuant to Article 17 (3) shall not resume teaching within one year of the date of receiving such order. <Newly Inserted by Act No. 8989, Mar. 28, 2008>
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 15 (Teaching Fees, etc.)   print
(1) A founder or an administrator of a private teaching institute or an operator of a teaching school may receive lecture fees, service fees or teaching fees (hereinafter referred to as the "lecture fees, etc.") from students.
(2) A founder or an administrator of a private teaching institute, an operator of a teaching school or a private tutor shall determine the amount of teaching fees, etc., taking into account details of lessons, teaching hours, etc., and other expenses at actual cost. <Amended by Act No. 10916, Jul. 25, 2011>
(3) No founder or administrator of a private teaching institute or an operator of a teaching school shall indicate or post false lecture fees, etc., nor collect the lecture fees, etc. exceeding the amount indicated or posted.
(4) No founder or administrator of a private teaching institute or an operator of a teaching school shall indicate, post or announce false teaching fees, etc., nor collect the teaching fees, etc. exceeding the amount indicated, posted, or announced, or registered with or reported to the superintendent of the competent office of education. <Amended by Act No. 10916, Jul. 25, 2011>
(5) No private tutor shall collect from a student the teaching fees, etc. exceeding the amount reported to the superintendent of the cometent office of education. <Newly Inserted by Act No. 10916, Jul. 25, 2011>
(6) Where the superintendent of an office of education deems the teaching fees, etc. of a private teaching institute for school curriculum or a teaching school determined pursuant to paragraph (2) are excessive, he/she may order to adjust the teaching fees, etc. as prescribed by Presidential Decree. <Newly Inserted by Act No. 10916, Jul. 25, 2011>
[This Article Wholly Amended by by Act No. 8711, Dec. 21, 2007]
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 Article 15-2 (Public Release of Information)   print
(1) In order to protect the public's right to know and enhance the transparency of administration of private teaching institutes and teaching schools, the superintendent of the competent office of education shall classify teaching fees, etc. registered with or reported to him/her according to types of private teaching institutes, teaching curricula, regional offices of education or Sis/Guns/Gus (including administrative cities under Article 15 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City) and publicly release such information on the home pages of Metropolitan and Provincial Offices of Education.
(2) The scope of public release of information under paragraph (1), including matters on any private institute or teaching school's name, location, teaching curriculum, teaching subjects, fixed number of students, teaching period, teaching hours, teaching fees etc., shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10916, Jul. 25, 2011]
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 Article 16 (Guidance, Supervision, etc.)   print
(1) The superintendent of the competent office of education shall provide appropriate guidance and supervision to secure the sound development of private teaching institutes, and the soundness of teaching schools and extracurricular lessons provided by private tutors.
(2) The superintendent of the competent office of education may determine hours of teaching of a private teaching institute for school curriculum or a teaching school within the scope determined by Municipal Ordinance of the competent City/Do considering the effects on lessons given by schools, students' health, etc. In this case, the relevant superintendent shall hear the opinion of parents, related organizations, etc.
(3) Where deemed necessary, the superintendent of the competent office of education may have a founder or an administrator of a private teaching institute or an operator of a teaching school report such matters as facilities, equipment, teaching fees, tuition or all kinds of statistical data, or have a related public official enter the relevant facilities to inspect the facilities, equipment, books or other documents, and may issue orders for the improvement of facilities, equipment or other necessary orders. <Amended by Act No. 10916, Jul. 25, 2011>
(4) The superintendent of the competent office of education may, where deemed necessary, verify various reported matters, such as private tutors' teaching fees, or take other necessary measures. <Amended by Act No. 10916, Jul. 25, 2011>
(5) The relevant public official who enters and inspects facilities pursuant to paragraph (3) shall carry a certificate indicating his/her authority and produce it to the persons concerned.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 17 (Administrative Dispositions)   print
(1) Where a private teaching institute falls under any of the following subparagraphs, the superintendent of the competent office of education may cancel the registration or order suspension of teaching for all or part of teaching curricula by specifying a period of not more than one year: Provided, That where it falls under subparagraph 1, he/she shall cancel the registration: <Amended by Act No. 10916, Jul. 25, 2011>
1. Where its registration referred to in Article 6 was made by false or other illegal means;
2. Where a private teaching institute for school curriculum with lodging facilities fails to meet the standards referred to in Article 6 (2);
3. Where it fails to meet the standards for facilities referred to in Article 8;
4. Where it fails to commence operation for at least two months from the prescheduled date of operation without justifiable grounds;
5. Where its operation is suspended for two consecutive months or more without justifiable grounds;
6. Where it is illegally administrated, such as making changes in registered matters without filing a registration of change;
7. Where it collects teaching fees, etc. in violation of Article 15 (4);
8. Where it violates the order of adjustment of teaching fees, etc. issued under Article 15 (6);
9. Where it places an exaggerated or false advertisement to recruit students;
10. Where it violates this Act or an order issued under this Act.
(2) Where a teaching school falls under any of the following subparagraphs, the superintendent of the competent office of education may order to close it down or suspend teaching by specifying a period within six months: Provided, That where it falls under subparagraph 1, he/she shall order to close it down: <Amended by Act No. 10916, Jul. 25, 2011>
1. Where it has made a report referred to in Article 14 (1) by false or other illegal means;
2. Where it is illegally administrated, such as making changes in reported matters without filing a report of change;
3. Where it collects teaching fees, etc. in violation of Article 15 (4);
4. Where it violates the order to adjust teaching fees, etc. issued under Article 15 (6);
5. Where it violates this Act or an order issued under this Act.
(3) The superintendent of the office of education may order to a private tutor suspend tuition in cases where he/she falls under any of the following subparagraphs: Provided, That the superintendent of the office of education must order suspension of teaching in cases falling subparagraph 1: <Newly Inserted by Act No. 8989, Mar. 28, 2008; Act No. 10916, Jul. 25, 2011>
1. Where he/she has made a report referred to in Article 14-2 (1) by false or other illegal means;
2. Where he/she has provided lessons illegally, such as by changing registered matters without registrating such change;
3. Where he/she has violated the order of adjustment of teaching fees, etc. referred to in Article 14-2 (6).
4. Where he/she has collected teaching fees, etc. in violation of Article 15 (5).
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 18 (Return of Teaching Fees, etc.)   print
(1) Where it is impossible for any student to continue to take lessons or where it is impossible for any private teaching institute or teaching school to continue to provide lessons due to deregistration of such private teaching institute, abolition of such teaching school, etc., a founder or an administrator of such private teaching institute or an operator of such teaching school or a private tutor shall take measures necessary for protecting such student, including the return of teaching fees, etc. received from such student. <Amended by Act No. 10916, Jul. 25, 2011>
(2) Reasons for the return of teaching fees, etc. under paragraph (1), the returned amount thereof and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10916, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 19 (Measures against Private Teaching Institutes, etc.)   print
(1) Where any person who has founded or administrated a private teaching institute or a teaching school without registration or reporting under Article 6 or 14, or who has received a disposition to cancel the registration of a private teaching institute, close the teaching school down or suspend teaching pursuant to Article 17, continue to provide lessons or provide places of learning, the superintendent of the competent office of education may take measures falling under the following subparagraphs, to close down the relevant private teaching institute or teaching school or suspend teaching, etc.:
1. Removal of the signboards or marks of the relevant private teaching institute or teaching school, or installation of facilities to restrict access by students; or
2. Affixation of notices informing that the relevant private teaching institute or teaching school has not been registered or reported, or has received an administrative disposition under Article 17.
(2) Deleted. <by Act No. 8989, Mar. 28, 2008>
(3) The measures referred to in paragraph (1), where possible shall be taken within the least extent, necessary to achieve the purposes thereof.
(4) A public official who takes measures referred to in paragraph (1) shall carry a certificate indicating his/her authority and produce it to the persons concerned.
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 20 (Hearing)   print
Where the superintendent of the competent office of education intends to take measures falling under any of the following subparagraphs, he/she shall hold a hearing:
1. Cancellation of registration of a private teaching institute referred to in Article 17 (1); and
2. Order to close down a teaching school referred to in Article 17 (2).
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 21 (Delegation and Entrustment of Authority)   print
(1) A part of the authority of the superintendent of the competent office of education provided for in this Act may be delegated to the head of a district office of education under the conditions determined by Presidential Decree. <Amended by Act No. 8711, Dec. 21, 2007>
(2) Deleted. <by Act No. 6392, Jan. 26, 2001>
(3) The superintendent of the competent office of education may entrust a part of the affairs on conducting training plans for founders or administrators of private teaching institutes or an operator of a teaching schools referred to in Article 13 (3) to an institution or juristic person related to private teaching institutes under the conditions as determined by Presidential Decree. <Amended by Act No. 8711, Dec. 21, 2007>
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 Article 22 (Penal Provisions)   print
(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding five million won: <Amended by Act No. 8989, Mar. 28, 2008; Act No. 10916, Jul. 25, 2011>
1. A person who has founded or administrated without registration under Article 6;
2. A person who has made registration referred to in Article 6 by false or other illegal means;
3. A person who has founded or administrated a teaching school without a report pursuant to Article 14 (1) or after making a report by false or other illegal means;
4. A person who has given lessons without a report pursuant to Article 14-2 (1), or making a report by false or other illegal means.
(2) Any person who has provided lessons in violation of Article 3 shall be punished by imprisonment without prison labor for not more than one year or a fine not exceeding three million won. <Amended by Act No. 8989, Mar. 28, 2008>
(3) Any person who refuses, obstructs or evades the removal of signboards or marking or the installations of restrictive facilities, or who removes or destroys the notices without permission, as referred to in the subparagraphs of Article 19 (1), shall be punished by a fine not exceeding two million won: <Amended by Act No. 8989, Mar. 28, 2008>
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 23 (Fines for Negligence)   print
(1) Any of the following persons shall be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 8989, Mar. 28, 2008; Act No. 10916, Jul. 25, 2011>
1. A person who fails to take safety measures as referred to in Article 4 (3);
2. A person who fails to make a report as referred to in Article 10 or 14 (7);
3. A person who fails to post a notice on personal information concerning instructors' ages, academic backgrounds, majors, careers, etc., pursuant to Article 13 (2);
3-2. A person who employs a foreign instructor without verification as referred to in Article 13-2;
4. A person who fails to post or present a certificate of report in violation of Article 14 (3) or 14-2 (3);
5. A person who fails to apply for the reissuance of a certificate of report within one month from the date on which the grounds referred to in Article 14 (4) or 14-2 (4) have occurred;
6. A person who fails to comply with an order for adjustment of teaching fees, etc. in violation of Article 14-2 (6) or 15 (6);
6-2. A person who fails to issue a receipt referred to in Article 15 (1);
7. A person who fails to indicate, post or announce lecture fees, etc. in violation of Article 15 (3), or indicates, posts or announces false lecture fees, etc. in violation of paragraph (4) of the same Article;
7-2. A person who collects teaching fees, etc. in violation of Article 15 (4) or (5);
8. A person who fails to make a report as referred to in Article 16 (3) or makes a false report;
9. A person who refuses, obstructs or evades access and inspection by a related public official pursuant to Article 16 (3);
10. A person who fails to refund teaching fees, etc. as referred to in Article 18.
(2) The fine for negligence referred to in paragraph (1) shall be imposed and collected by the superintendent of the competent office of education as prescribed by Presidential Decree.
(3) Deleted. <by Act No. 10916, Jul. 25, 2011>
(4) Deleted. <by Act No. 10916, Jul. 25, 2011>
(5) Deleted. <by Act No. 10916, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8711, Dec. 21, 2007]
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 Article 24 (Exclusion from Application)   print
Articles 5, 7, 8, and 16 (2) shall not apply to private teaching institutes which provide distance education pursuant to subparagraph 1 of Article 2.
[This Article Newly Inserted by Act No. 10916, Jul. 25, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1996.
Article 2 (Examples of Application)
The provisions of Article 9 shall apply to the first person who register establishment and administration after this Act enters into force.
Article 3 (Transitional Measures on Registrants, etc. of Private Teaching Institutes)
A person who has registered or obtained authorization on the establishment of a private teaching institute referred to in the former provisions of Article 5 at the time this Act enters into force shall be deemed to be a person who has registered the establishment and administration of a private teaching institute pursuant to Article 6.
Article 4 (Transitional Measures against Reported Extracurricular Teach- ing Instructors)
A person who has reported extracurricular lessons pursuant to the former provisions of Article 8 (2) at the time when this Act enters into force shall be deemed to be a person who has reported a teaching school pursuant to Article 14 (1).
Article 5 (Transitional Measures on Dispositions, etc.)
An order, disposition, measures or report, request, etc. issued, made or taken under the former provisions, at the time when this Act enters into force, except in case of Articles 3 and 4 of the Addenda, where this Act includes the provisions corresponding thereto, shall be deemed to have been issued, made or taken under this Act.
Article 6 (Transnational Measures on Penal Provisions)
The application of the penal provisions to acts prior to the time this Act enters into force shall be governed by the previous provisions.
Article 7 Omitted.
ADDENDA<Act No. 5069, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1996.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 5272, Jan. 13, 1997>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) through (4) Omitted.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Act No. 5474, Dec. 24, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1999.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 5634, Jan. 18, 1999>
(1) (Enforcement Date) This Act shall enter into force after the elapse of three months after it is promulgated.
(2) (Example of Application concerning Refund of Lecture Fees, etc.) The amended provisions of Article 18 shall apply to the refund of lecture fees, the cause for which occurs on or after the date of enforcement of this Act.
ADDENDA<Act No. 6392, Jan. 26, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on June 30, 2001. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6463, Apr. 7, 2001>
(1) (Enforcement Date) This Act shall enter into force after the elapse of three months after it is promulgated.
(2) (Transitional Measures on Private Tutor) The private extracurricular instructor at the time this Act enters into force (excluding the students under Article 14-2 (1) (proviso)) shall make a report under Article 14-2 (1) within one month after the time this Act enters into force.
ADDENDA<Act No. 7194, Mar. 22, 2004>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures on Private tutors) A person who teaches extracurricular lessons at a place other than the places under the amended provisions of subparagraph 3 of Article 2 among the persons who has reported as private tutors under the previous provisions at the time enters into force may make an alteration report for a teaching school within one year.
(3) (Transitional Measures on Penal Provisions) The application of penal provisions to the acts committed before the time this Act enters into force shall be governed by the previous provisions.
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7974, Sep. 22, 2006>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the portion regarding the indication under the amended provisions of Articles 15, 17 and 23 shall respectively enter into force one year after the date of its promulgation.
(2) (Application Examples concerning Consultation with Superintendent of Competent Office of Education) The amended provisions of Article 5 (3) shall apply with respect to the portion of permission, authorization, etc. for the establishment of a place of business place that threatens the educational environment in a place adjoining a teaching school that is applied on or after the date when this Act enters into force.
(3) (Transitional Measures concerning Restrictions on Establishing Teaching Institute) With respect to any person who has established or administrated a teaching school in a place adjoining a place of business that threatens the educational environment at the time this Act enters into force, the previous provisions shall govern notwithstanding the amended provisions of Article 5 (2).
(4) (Transitional Measures concerning Facility Standards of Private Teaching Institutes) The previous provisions shall govern the facility standards of private teaching institutes before the Municipal Ordinance of the competent City/Do under the amended provisions of Article 8 (1) enters into force.
(5) (Transitional Measures with Respect to Private Teaching Institutes for School Curriculum Equipped with Lodging Facilities) The former provisions shall govern any private teaching institute for school curriculum equipped with lodging facilities before the Municipal Ordinance of the competent City/Do under the amended provisions of Article 6 (2) enters into force.
ADDENDA<Act No. 8483, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8711, Dec. 21, 2007>
This Act shall enter into force on the date of its promulgation.: Provided, That the amended provisions of subparagraph 4 (b) of Article 2 shall enter into force on January 1, 2008, and Article 2-2 (1) 1 on May 26, 2008.
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.
ADDENDA<Act No. 8989, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The application of the penal provisions to and imposition of penalty surcharges on acts performed prior to the time this Act enters into force shall be governed by the previous provisions.
ADDENDA<Act No. 10916, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended Articles 13, 13-2, 14, 15 (1) and (3), 15-2, 16 (6), and 18 shall enter into force three months after the promulgation of this Act.
Article 2 (Special Case concerning Enforcement Date for Priviate Teaching Institutes which Provides Consulting, etc. for Entering School of Higher Grade)
Notwithstanding Article 1 of the Addenda, with respect to the private teaching institutes providing consulting, etc. necessary for entering a school of higher grade which is construed as a private teachig institute under the amended subparagraph 1 of Article 2, this Act shall apply three months after the promulgation of this Act.
Article 3 (Applicable Example concerning Training of Foreign Instructors)
The amended Article 13 (3) shall apply starting from the first foreign instructor who enters the Republic of Korea after the same amended provision enters into force.
Article 4 (Applicable Example concerning Provisions related to Teaching Fees, etc.)
The amended Article 15 (4) shall also apply to the founders and administrators of private teaching institutes and operators of teaching schools who have registered or reported teaching fees, etc. before the enforcement of this Act.
Article 5 (Transitional Measures on Private Teaching Institutes which Provides Distance Education)
Establishments which can be construed as private teaching institutes under the amended subparagraph 1 of Article 2 from among the distance college-style lifelong educational establishments that are reported under Article 33 (2) of the Lifelong Education Act as at the time this Act enters into force shall be deemed the private teaching institutes that are registered under the amended Article 6: Provided, That they shall be registered in accordance with the amended Article 6 within six months from the date on which this Act enters into force, and those private teaching institutes that fail to register within the same time limit shall be deemed not registered, starting from the next day of the day the time limit expires.
Article 6 (Transitional Measures concerning Foreign Instructors who Teaches Foreign Languages)
Foreginers who are working as foreign instructors under the amended Article 13-2 as at the time the same amended provision enters into force shall submit the documents referred to in the same amended provision within one month after the same amended provision enters into force.
Article 7 (transitional Measures concerning Penal Provisions)
Application of penal provisions to the acts conducted before this Act enters into force shall be governed by the former provisions.