Enforcement Decree Of The Act On Special Education For The Disabled Persons, Etc.


Published: 2010-07-12

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Decree is to stipulate the matters delegated by the Act on Special Education for the Disabled Persons, etc. and those necessary for the enforcement thereof.
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 Article 2 (Execution of Compulsory Education)   print
The compulsory education for persons eligible for special education under Article 3 of the Act on Special Education for the Disabled Persons, etc. (hereinafter referred to as "Act") and the proviso to Article 1 of the Addenda amended by Act No. 8483 shall be executed in turn, according to each subparagraph below:
1. Year of 2010: Course of a kindergarten for those who reach their full five years of age or more and course of a senior high school;
2. Year of 2011: Course of a kindergarten for those who reach their full four years of age or more;
3. Year of 2012: Course of a kindergarten for those who reach their full three years of age or more.
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 Article 3 (Expenses, etc. of Compulsory Education)   print
(1) The expenses to be paid by the State or a local government under Article 3 (3) of the Act shall be entrance fees, tuition, fees, textbook expenses, and school food supply expenses.
(2) The State and a local government may share or support, within the scope of budgets, the school operation support expenses, school attendance expenses and field and experience expenses, etc. in addition to the expenses under paragraph (1).
CHAPTER II DUTIES OF STATE AND LOCAL GOVERNMENT
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 Article 4 (Vicarious Education)   print
(1) When the Superintendent of an Office of Education intends to entrust the education for persons eligible for special education to the private special educational institution under Article 6 (2) of the Act, he/she shall consult with the head of the special educational institution concerned (including the head of a private school where the special class is installed) about the educational conditions, the number of persons to be educated, and the period of education within ten months before the beginning of the school year.
(2) When the Superintendent of an Office of Education entrusts the education for persons eligible for special education to the private special education institution, he/she shall provide the operation expenses, facility costs, experiment and practice expenses, expenses for education for future career and vocation, labor costs of teachers and staff, and other expenses necessary for the special education to the special educational institution concerned so that its educational condition can keep up with that of the national or the public special educational institution.
(3) The specific matters concerning the operation of vicarious education, other than those under paragraphs (1) and (2), shall be prescribed by the Superintendent of an Office of Education.
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 Article 5 (Capacity-Enhancement of Teachers)   print
(1) If the Minister of Education, Science and Technology and the Superintendent of an Office of Education provide the training for the teachers of a regular school (excluding special education teachers; hereinafter the same shall apply) in order to increase their understanding of the integrated education, they shall include the curriculum of the special education.
(2) The Minister of Education, Science and Technology and the Superintendent of an Office of Education shall install and operate the job training course related to the special education with regards to the teachers of a regular school which supports the integrated education and the job training course concerning the education of general curriculum with respect to the special education teachers, in order to efficiently carry out the integrated education.
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 Article 6 (Composition and Operation of Central Special Education Management Committee)   print
(1) The central special education management committee under Article 10 (1) of the Act (hereinafter referred to as the "central committee") shall be comprised of members of not less than 15 including one chairperson.
(2) The chairperson of the central committee (hereinafter referred to as the "chairperson") shall be the Vice Minister I of the Ministry of Education, Science and Technology and the members of the central committee shall be comprised of the ex officio members and the commissioned members.
(3) The ex officio members shall be the public officials who belong to the group of high ranking public officials of the Ministry of Education, Science and Technology, the Ministry of Public Administration and Security, the Ministry of Culture, Sports and Tourism, the Ministry of Health and Welfare, the Ministry of Employment and Labor, and the Ministry of Gender Equality and Family and who are recommended by the Minister of the competent Ministry. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
(4) Commissioned members shall be commissioned by the chairperson from among persons falling under any of the followings:
1. Persons who are qualified as special education teachers and teach or have taught persons eligible for special education for seven years or more;
2. Parents of or care givers for persons eligible for special education who work or have worked in the special education field;
3. Persons who work or have worked as an associate professor teaching the study on special education at a school under subparagraph 1 or 3 of Article 2 of the Higher Education Act.
(5) The commissioned members shall serve for the term of two years and may serve two consecutive terms only.
(6) The meeting of the central committee shall be held twice or more every year and if the chairperson deems it necessary or at the request of at least 1/3 or more of the incumbent members, the chairperson shall convene such meeting.
(7) The meeting of the central committee shall be constituted by the attendance of a majority of all the incumbent members and shall be resolved by the consent of a majority of those present.
(8) The central committee may, if it is deemed necessary, request the staff of the relevant administrative agency to attend, and explain and submit data.
(9) Other matters necessary for the composition and operation of the central committee, etc. shall be determined by the chairperson after the resolution of the central committee.
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 Article 7 (Installation and Operation of Special Education Support Center)   print
(1) At the time of installing a special education support center under Article 11 of the Act, the Superintendent of an Office of Education shall secure independent space for the performance of its duties.
(2) The Superintendent of an Office of Education shall place the experts in the field of special education who will be in exclusive charge of the duties so that the special education support center may perform its duties efficiently.
(3) The Superintendent of an Office of Education may, if necessary, install and operate two or more special education support centers in a subordinate educational administrative agency by considering the geographical characteristics of the region and the demand of the special education, etc.
(4) The special education support center may construct a connection system with the related organizations, cooperate with them, and perform its duties in order to efficiently perform its duties.
(5) If the infants or students who are suspected of having a disability in the course of diagnosis and evaluation by the special education support center have not received the medical diagnosis, the Superintendent of an Office of Education shall request the medical diagnosis for them to the public health clinic, hospital or clinic.
(6) The Superintendent of an Office of Education shall pay for the expenses in cases of requesting the medical diagnosis to the public health clinic, hospital or clinic under paragraph (5).
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 Article 8 (Surveys of Actual Status)   print
(1) The matters to be surveyed by the actual status survey under Article 13 of the Act shall be as follows:
1. Current status per sex, age, type and level of disability of persons eligible for special education;
2. Actual status of operation of special educational institution and its curriculum;
3. Current status of provision of special education-related services;
4. Current status of administrative organization for special education and its support;
5. Current status of securing, allotment and utilization of finances for special education;
6. Matters on the results of education for persons eligible for special education and their actual living status after the graduation from schools;
7. Current status of operation of lifelong curriculum and lifelong education facility of the disabled;
8. Level of satisfaction on supports to special education of persons eligible for special education and the persons related to special education, such as their care givers and experts in special education, etc. and their demanded matters.
(2) Surveys of actual status shall be executed as a sampling survey: Provided, That if it is necessary for an exact survey on the status of the special education and for the characteristics of the survey items, the survey may be executed in a method of complete survey.
CHAPTER III SELECTION OF PERSON ELIGIBLE FOR SPECIAL EDUCATION AND SCHOOL PLACEMENT, ETC.
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 Article 9 (Early Detection of Disabilities, etc.)   print
(1) The head of a district office or the superintendent of an office of education shall carry out public relations under Article 14 (1) of the Act at least once each year.
(2) The head of a district office or the superintendent of an office of education shall frequently perform the selection test of the infants or students at the nursery facility, kindergarten and school (hereinafter referred to as "infants, etc."; hereinafter the same shall apply) in the district for early detection of disabilities. In such cases, the results of the health examination under Article 47 (1) of the National Health Insurance Act or Article 14 (1) of the Medical Care Assistance Act may be used.
(3) As a result of the selection test, if any infants, etc. are found to be suspected of having a disability, the head of a district office or the superintendent of an office of education shall advise and consult with the care givers so that the infants, etc. may receive the diagnosis of disability at a hospital or clinic.
(4) If care givers for infants, etc. receiving the selection test request the infants, etc. to be selected as persons eligible for special education under Article 15 of the Act, the head of a district office or the superintendent of an office of education shall have such care givers submit the notices of the results of health examination or the medical certificates of the infants, etc. and shall diagnose and evaluate such infants, etc. in order to determine whether they fall into persons eligible for special education.
(5) As a result of the diagnosis and evaluation under paragraph (3), if it is determined that the infants, etc. need special education, the head of a district office or the superintendent of an office of education shall inform in writing the care givers of the relevant content and the necessary procedure for the selection as persons eligible for special education.
(6) Matters necessary for the selection test, diagnosis and evaluation under paragraphs (2) through (5) shall be determined by Ordinance of the Ministry of Education, Science and Technology. In such cases, the matters concerning the selection test under paragraph (2) shall be consulted with the Minister of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
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 Article 10 (Selection Criteria for Persons Eligible for Special Education)   print
The criteria for selection of persons eligible for special education under Article 15 of the Act shall be as specified in attached Table.
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 Article 11 (School Placement, etc. of Persons Eligible for Special Education)   print
(1) When the Superintendent of an Office of Education or the head of the district office of education places persons eligible for special education to school under Article 17 (1) of the Act, he/she shall inform the head of the school concerned and persons eligible for special education of such placement in writing, respectively.
(2) When the head of the district office of education or the Superintendent of an Office of Education places persons eligible for special education in a regular class of a regular school, he/she shall have a special education teacher, who works for the special education support center, visit the relevant school and support the learning of such person.
(3) If it is necessary to add, change or terminate the details of the education support for persons eligible for special education, or relocate them, the head of school at each level may request the diagnosis, evaluation and relocation of them to the head of the district office of education and the Superintendent of an Office of Education through a review by the individualized education support team under Article 22 (1) of the Act.
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 Article 12 (Objection against Placement)   print
"Any inevitable circumstances prescribed by Presidential Decree" in Article 17 (4) of the Act means cases where efficient education cannot be given due to the difference between the type of disability of the persons eligible for special education who are educated at the special school concerned and that of the persons eligible for special education to be requested for placement.
CHAPTER IV INFANT, PRIMARY AND SECONDARY EDUCATION
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 Article 13 (Education Support for Disabled Infants)   print
(1) The days of class for the education of disabled infants (hereafter referred to as "disabled infants" in this Article) who reach their full three years of age or less shall be 150 days per each grade: Provided, That if is necessary for the health status of disabled infants and the operation of the curriculum, the days of class may be reduced to within 30 days by obtaining the approval of the Minister of Education, Science and Technology, the Superintendent of an Office of Education or the head of a district office of education.
(2) The matters on the placement of teachers for the class of the infants, etc. who receive special education under Article 18 (2) of the Act shall be determined by the Minister of Education, Science and Technology, the Superintendent of an Office of Education or the head of a district office of education.
(3) In cases of providing the education by placing disabled infants to the special education support center under Article 18 (2) of the Act, the Superintendent of an Office of Education or the head of a district office of education shall prepare a regular class at the relevant special education support center according to the attached Table of the Decree on Standards for the Facilities and Equipments of Special School.
(4) The teachers in charge of disabled infants shall have the kindergarten teacher's license for the special school under Article 21 (2) of the Elementary and Secondary Education Act with three or more years of experience as teachers in charge of kindergarten course.
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 Article 14 (Postponement or Exemption, etc. of Obligation to Attend School)   print
(1) If care givers of persons eligible for special education desire the postponement or exemption of school attendance obligation for persons eligible for special education under Article 19 (2) of the Act, they shall apply for such postponement or exemption to the Superintendent of an Office of Education or the head of a district office of education.
(2) The Superintendent of an Office of Education or the head of a district office of education who receives the application under paragraph (1) shall determine the exemption or postponement by considering the possibility of attending school or returning home after school of the persons eligible for special education, possibility of execution of itinerant education, and opinions of their care givers, etc. through the deliberation of the district special education management committee under Article 10 (1) of the Act. In such cases, the period of postponement shall be within one year and in cases of intending to extend the period of postponement, the deliberation of the district special education management committee shall be made.
(3) If persons who are subject to the exemption or postponement of attend to school obligation desire to attend school again, their care givers shall apply for such attendance to the Superintendent of an Office of Education or the head of a district office, and the Superintendent of an Office of Education or the head of a district office in receipt of such application shall determine such application through the deliberation of the district special education management committee.
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 Article 15 (Educational Conditions of Nursery Facilities)   print
"Nursery facilities with certain educational conditions prescribed by Presidential Decree" in the proviso to Article 19 (2) of the Act means facilities which satisfy all the matters in the following subparagraphs:
1. Facilities which receive the evaluation certification under Article 30 (1) of the Infant Care Act;
2. Facilities where one nursery teacher is placed per three disabled children (in cases where three or more nursery teachers are placed, one of them shall be a teacher who has the kindergarten teacher's license for special school under Article 21 (2) of the Elementary and Secondary Education Act).
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 Article 16 (Facility and Equipment, etc. for Integrated Education)   print
(1) In cases of providing integrated education under Article 21 (2) of the Act, the head of a regular school shall install a special class in the classroom with an area of 66㎡ or more in which the movement within the classroom of the persons eligible for special education is easy and which is near to the washroom or toilet, etc.: Provided, That the class may be installed in the classroom with an area of 44㎡ or more as prescribed by the Municipal Ordinance of City/Do by considering the number of the placed persons eligible for special education and the conditions of the relevant school.
(2) In cases of providing integrated education under Article 21 (2) of the Act, the head of a regular school shall prepare the devices for information access and the textbooks and teaching equipments, such as assistive and alternative equipment, etc. for communication which are suitable for the sex, age, type and level of disability and educational activities, etc. of the placed persons eligible for special education.
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 Article 17 (Criteria for Qualifications, etc. of Experts)   print
"Qualified experts in charge of education for futures career and vocation prescribed by Presidential Decree" in Article 23 (1) of the Act shall fall under any of the following subparagraphs as qualified regular teachers, assistant teachers, or practice instructors of special school:
1. Those who complete majors in vocational rehabilitation in the university or graduate school;
2. Those who have the national or private license related to education for future career and vocation;
3. Those who complete the job training related to education for future career and vocation.
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 Article 18 (Facilities for Education for Future Careers and Jobs)   print
(1) The head of school at each level of junior high school or higher course shall install one classroom or more with an area of 66m2 or more for the education for future careers and jobs under Article 23 (2) of the Act.
(2) The special educational support center shall construct a cooperative system among the related organizations including the special educational institution, the district employment-related agency for the disabled such as the branch of the Korea Employment Agency for the Disabled, the vocational rehabilitation facility, the welfare center for the disabled, and industrial companies. <Amended by Presidential Decree No. 21962, Dec. 31, 2009>
(3) The superintendent of an office of education shall install a vocational training room for the employment of persons eligible for special education in a special school and use his/her best endeavors to provide support for personnel and expenses necessary therefor.
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 Article 19 (Installation and Operation of Major Departments)   print
(1) The head of a special educational institution which installs and operates a major department under Article 24 (1) of the Act shall install one or more of the classroom exclusively used for the major department with the size of 66㎡ or more and the detailed standards for facility and equipment shall be determined by the Superintendent of an Office of Education.
(2) The head of a special educational institution which installs a major department shall establish a plan for vocational education which includes the field practice in order to achieve the purposes of the installation.
(3) The period of class and selection method of students of major department shall be determined by the head of educational institution who installs the major department by obtaining the approval of the Superintendent of an Office of Education.
(4) The level of persons to be placed in exclusive charge of major department shall be equal to that of the persons for the course of a senior high school of the special educational institution which installs the major department.
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 Article 20 (Operation, etc. of Itinerant Education)   print
(1) The head of a district office of education or the Superintendent of an Office of Education shall establish and operate a plan for itinerant education by considering the capacity of the persons eligible for special education who receive itinerant education and level of their disability, etc. in order to provide the itinerant education under Article 25 (1) of the Act.
(2) The days of class for itinerant education shall be determined by the head of school at each level as of 150 days per each grade: Provided, That if is necessary for the status of the persons eligible for special education who receive the itinerant education and the operation of the curriculum, the days of class may be reduced within 30 days by obtaining the approval of the instructing and supervisory authority.
(3) The head of a district office of education or the Superintendent of an Office of Education may install and operate the class in a medical institution and welfare facility for the persons eligible for itinerant education.
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 Article 21 (Criteria for Qualifications for Persons in Charge of All-Day Course of Kindergarten and Method of Operation)   print
(1) The persons who take charge of an all-day system for persons eligible for special education under Article 26 (1) of the Act shall be qualified as infant care teachers under Article 21 (2) of the Infant Care Act or as teachers under Article 22 of the Early Childhood Education Act and Article 21 of the Elementary and Secondary Education Act.
(2) The head of educational institution who operates an all-day system of kindergarten course shall connect the education with the care, operate it for more than eight hours a day including regular curriculum, and the necessary matters concerning the operation shall be determined by the Superintendent of an Office of Education.
(3) The Superintendent of an Office of Education shall pay for or support the expenses needed for the education of the educational institution for kindergarten course which operates an all-day system.
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 Article 22 (Placement Criteria for Special Education Teachers at Special Education and Special Classes)   print
The number of teachers in charge of special education who will be placed under Article 27 (3) of the Act shall be one per four students: Provided, That the number of teachers per Special Metropolitan City, Metropolitan City, Do, Special Self-Governing Province shall, by considering the balanced development of education in cites, agricultural villages, mountain villages and fishing villages and current status of operation of the special education support centers, and distribution of the persons eligible for special education per region, etc., be placed by adding or reducing within 40 percent of the placement standard by the Minister of Education, Science and Technology and that of teachers per unit school and class by the head of a district office of education or the Superintendent of an Office of Education concerned.
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 Article 23 (Family Support)   print
(1) The family support under Article 28 (1) of the Act shall be operated in a method of family counselling, nursery counselling, education of care givers, and operation of family support program, etc.
(2) The family support under paragraph (1) may be provided by connecting with the healthy family support centers under Article 35 of the Framework Act on Healthy Families and the welfare facility for the disabled under Article 58 of the Welfare of Disabled Persons Act.
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 Article 24 (Remedial Support)   print
(1) The persons required for the remedial support under Article 28 (2) of the Act shall be those who have the license under Article 4 of the Medical Technicians, etc. Act or the private license certified by the competent Minister under Article 19 (1) of the Framework Act on Qualifications.
(2) The Superintendent of an Office of Education or the head of a special school may install and operate the curative room in the special education support center or special school.
(3) The Superintendent of an Office of Education may provide a remedial support by connecting with the public health medical institution under Article 2 of the Public Health and Medical Services Act and the welfare facility for the disabled under Article 58 of the Welfare of Disabled Persons Act.
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 Article 25 (Assistants)   print
(1) The Superintendent of an Office of Education shall perform the duties required for the operation of assistants, such as the establishment of the plan for the supply and demand and hiring and placement, etc. of assistants so that the head of school at each level may smoothly provide the assistants for the persons eligible for special education under Article 28 (3) of the Act.
(2) The Superintendent of an Office of Education or the head of a district office of education shall provide training in special education for the promotion of the qualifications of assistants.
(3) The roles and qualifications of assistants shall be determined by Ordinance of the Ministry of Education, Science and Technology, and other detailed matters concerning the method of operation shall be determined and announced publicly by the Superintendent of an Office of Education.
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 Article 26 (Support of Various Teaching Equipment and Learning Assistive Devices, etc.)   print
The Superintendent of an Office of Education shall prepare necessary equipment in the special education support center so that the head of school at each level may provide various teaching equipment, learning assistive devices and assistive technology devices under Article 28 (4) of the Act.
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 Article 27 (School Attendance Support)   print
(1) The Superintendent of an Office of Education shall provide the school at each level with school bus or pay for the expenses for school attendance to persons eligible for special education who need the school attendance support and their care givers so that the head of school at each level may provide school attendance support smoothly under Article 28 (5) of the Act.
(2) The head of school at each level shall take measures so that persons eligible for special education may participate in the extracurricular activities, such as field experience learning and training, etc.
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 Article 28 (Installation and Operation of Dormitories)   print
(1) The Superintendent of an Office of Education may pay or support the expenses required for the operation of dormitories under Article 28 (6) of the Act within the scope of budget.
(2) The standards for the facilities and equipment of dormitories of the public school and private school shall be determined by the educational regulations of City/Do.
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 Article 29 (Provision of other Special Education-Related Services)   print
(1) The Minister of Education, Science and Technology or the Superintendent of an Office of Education shall provide the necessary special education-related services to persons eligible for special education with the special type of disability, such as walk training, psychological and behavioral adaptation training, etc. other than that as prescribed by the provisions of Articles 23 through 28.
(2) Necessary persons for the provision of special education-related services under paragraph (1) shall have a national license or private license certified by the competent Minister under Article 19 (1) of the Framework Act on Qualifications.
CHAPTER V HIGHER EDUCATION AND LIFELONG EDUCATION
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 Article 30 (Installation and Operation of Special Support Committee)   print
(1) The head of a university shall install and operate the special support committee under Article 29 of the Act (hereinafter referred to as "special support committee") if ten or more disabled students attend the relevant university.
(2) The head of a university where the number of the disabled students is less than ten may take measures so that the support division of the disabled students or the persons in exclusive charge thereof under Article 30 (2) of the Act may perform the functions of the special support committee under Article 29 (1) 1 and 3 of the Act.
(3) Matters, such as the qualifications of the members, composition, and the date for holding meetings of the special support committee, etc. shall be determined by the head of university concerned.
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 Article 31 (Installation and Operation, etc. of Support Center for Disabled Students)   print
(1) "Certain number" in the proviso to Article 30 (1) of the Act means nine.
(2) The support center of disabled students, the support division of disabled students or persons in exclusive charge thereof under Article 30 (1) of the Act shall establish the support plan for disabled students and inform them of such fact.
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 Article 32 (Lifelong Facilities for Disabled Persons in Form of School)   print
(1) "Equipment and facility prescribed by Presidential Decree" in Article 34 (2) of the Act means those falling under any of the following subparagraphs:
1. Classroom with an area of 49.5㎡ or more;
2. Equipment and facilities required for learning;
3. Data room equipped with 500 or more of the books and sets of data;
4. Management office;
5. Convenience facility to be installed in the education and research facility under attached Table 2 of the Enforcement Decree of the Act on the Promotion and Guarantee of Access for the Disabled, the Aged, and Pregnant Women to Facilities and Information.
(2) If those who install and operate a life-long education facility for disabled persons under Article 34 (2) of the Act intend to use the public facility managed by the Superintendent of an Office of Education, he/she shall support so that they may use it within the scope not to damage the purpose of the original use.
CHAPTER VI SUPPLEMENTARY PROVISIONS
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 Article 33 (Procedure for Request for Re-determination)   print
The necessary documents for request for re-determination and the notice of its result under Articles 35 (3) and 36 (1) or (2) of the Act shall be determined by Ordinance of the Ministry of Education, Science and Technology.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Abolition of other Acts and Subordinated Statutes)
Article 3 Omitted.
Article 4 (Relation with other Acts and Subordinated Statutes)
In cases where the Enforcement Decree of the Act on the Promotion of Education for the Handicapped or its provisions are cited in other Acts and subordinated statutes at the time when this Decree enters into force, if any provisions corresponding to them are prescribed in this Decree, it shall be deemed that this Decree or the relevant provisions in this Decree are cited in lieu of the previous provisions.
ADDENDA<Presidential Decree No. 21962, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ㆍㆍㆍ <omitted> ㆍㆍㆍ the amended provisions of paragraphs (1) through (6) and (8) of Article 3 of Addenda to this Decree shall enter into force on January 1, 2010.
Articles 2 through 3 Omitted.
ADDENDA<Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. <Proviso Omitted>
Article 2 Omitted.
ADDENDA<Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. <Proviso Omitted>
Article 2 Omitted.