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


Published: 2007-04-12

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as the "Act") and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 17296, Jul. 7, 2001>
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 Article 2 (Definitions, etc.)   print
(1) The definitions of terms used in this Decree shall be as follows: <Amended by Presidential Decree No. 17296, Jul. 7, 2001>
1. The term "affinity" means a set of teaching curricula which are similar to or connected with each other;
2. The term "teaching curricula" means a set of teaching subjects which are taught at a private teaching institute;
3. The term "teaching subject" means a unit course which is taught; and
4. The term "private studying room" means a facility, which is a private teaching institute provided as a studying place.
(2) The term "greater in number than those as determined by the Presidential Decree" in subparagraph 1 of Article 2 of the Act, means a case where the number of persons who can take lessons or use a learning place at the same time is not less than 10 persons (or one person in case where the lessons involved are for a person who has any of the disabilities specified in subparagraphs of Article 10 (1) of the Act on the Promotion of Education for the Handicapped) <Amended by Presidential Decree No. 17296, Jul. 7, 2001; Presidential Decree No. 19953, Mar. 23, 2007>
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 Article 2-2 (Teaching Place of Private Extracurricular Teacher)   print
The teaching place of a private extracurricular teacher under subparagraph 3 of Article 2 of the Act shall be any of the following subparagraphs:
1. Place of residence of the learner; and
2. Single house or apartment of the attached Table 1 of the Enforcement Decree of the Building Act, which is the place of residence of the teaching instructor.
[This Article Newly Inserted by Presidential Decree No. 18409, Jun. 5, 2004]
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 Article 3 (Teaching Activities not Falling under Extracurricular Lessons)   print
(1) The term "teaching activity which belongs to a voluntary service as determined by the Presidential Decree" in subparagraph 4 (c) of Article 2 of the Act means a teaching activity falling under any of the following subparagraphs: <Amended by Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 17296, Jul. 7, 2001>
1. Teaching activity for the working youth;
2. Teaching activity for the rehabilitation of the handicapped; and
3. Other teaching activities which belong to service activities as determined by the Ordinance of the Ministry of Education and Human Resources Development.
(2) Deleted. <by Presidential Decree No. 17296, Jul. 7, 2001>
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 Article 3-2 (Classification of Teaching Curricula. etc.)   print
(1) The teaching curriculum for each type of private teaching institute under Article 2-2 (2) of the Act shall be classified in accordance with Table 1 attached hereto.
(2) The teaching curriculum eligible for registration shall be the curriculum most similar to any of curricula classified in Table 1 or the one that can include such contents.
(3) Any person who has established and operate a private teaching institute may have 2 or more curricula registered and operate them together.
[This Article Newly Inserted by Presidential Decree No. 19953, Mar. 23, 2007]
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 Article 4 (Purification, etc. of Educational Environment)   print
(1) Deleted. <by Presidential Decree No. 19953, Mar. 23, 2007>
(2) Kinds of business places which are liable to do harm to the educational environment under the provisions of Article 5 (2) and (3) of the Act (hereinafter referred to as the "harmful business establishment") mean business places which have such facilities (excluding billiard rooms, cartoon rooms and the business places doing internet computer game facility providing business under subparagraph 7 of Article 2 of the Game Industry Promotion Act) or perform any act falling under the subparagraphs of Article 6 (1) of the School Health Act. <Amended by Presidential Decree No. 18409, Jun. 5, 2004; Presidential Decree No. 19717, Oct. 27, 2006>
(3) Any private teaching institute specialized in teaching a regular school curriculum (or a teaching school; the same shall apply hereinafter for the purpose of this paragraph) and any harmful business establishment shall not be housed in the same building under Article 5 (2) and (3) of the Act: Provided, That the private teaching institute and the harmful business establishment may be housed in the same building with a total floor area of not less than 1,650 square meters except any case falling under the following subparagraphs: <Amended by Presidential Decree No. 16294, May 10, 1999; Presidential Decree No. 19953, Mar. 23, 2007>
1. A case where the private teaching institute and the harmful business establishment are housed within 20 meters in horizontal distance on the same floor; and
2. A case where the private teaching institute is located within 6 meters in horizontal distance right above or below the floor where the harmful business establishment is located.
(4) If a request for consultations is made by an administrative agency referred to in Article 5 (3) of the Act, the Superintendent of the Office of Education shall be subject to deliberation by a school environment and sanitation purification committee referred to in Article 6 of the School Health Act ahead of the consultations.
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 Article 5 (Registration of Establishment and Operation of Private Teaching Institutes)   print
(1) Deleted. <by Presidential Decree No. 16294, May 10, 1999>
(2) A person who wishes to register the establishment and operation of a private teaching institute under the provisions of Article 6 of the Act shall submit an application for registration of establishment and operation of a private teaching institute as determined by the Ordinance of the Ministry of Education and Human Resources Development by entering the following matters accompanied by the institute's rules and documents as determined by the Ordinance of the Ministry of Education and Human Resources Development to the Superintendent of the Office of Education: <Amended by Presidential Decree No. 16294, May 10, 1999; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 19953, Mar. 23, 2007>
1. Personal matters of a founder;
2. Teaching curricula;
3. List of instructors;
4. Tuition fee (including dormitory fee, if there are accomodations in the institute; the same shall apply hereinafter) or service charge;
5. Facilities and equipment; and
6. Scheduled date of opening courses.
(3) The following matters shall be entered in the institute's rules of paragraph (2):
1. Matters concerning the name, purposes of establishment and location of a private teaching institute;
2. Matters concerning the full strength of learners by teaching curricula;
3. Matters concerning the teaching curricula and date and time of lessons;
4. Deleted; <by Presidential Decree No. 16294, May 10, 1999>
5. Matters concerning the recognition of completion of a course;
6. Matters concerning the term of lessons and no lecture days;
7. Matters concerning tuition fees or charge for services; and
8. Other matters necessary for the operation of a private teaching institute.
(4) In case where teaching curricula are composed of theoretical teaching curricula, experimentation practical exercise, or practical skills teaching curricula, a private teaching institute shall not be established by dividing them.
(5) In case where the contents of an application for registration of establishment and operation of a private teaching institute referred to in paragraph (2) meet the standards for facilities and educational environment, the Superintendent of the Office of Education shall accept its registration.
(6) In case where the Superintendent of the Office of Education accepts an application for registration of establishment and operation of a private teaching institute referred to in paragraph (5), he shall deliver a certificate of registration of establishment and operation of a private teaching institute as determined by the Ordinance of the Ministry of Education and Human Resources Development. <Amended by Presidential Decree No. 17115, Jan. 29, 2001>
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 Article 5-2 (Registration of Private Teaching Institutes Specialized in Regular School Curriculum with Accomodations)   print
(1) Each private teaching institute specialized in a regular school curriculum with accomodations as defined in Article 6 (2) of the Act shall meet the following requirements for registration:
1. It shall operate a teaching curriculum that falls within the ordinary teaching department of private teaching institutes specialized in a regular school curriculum among the curricula of private teaching institutes as specified in Table 1 attached hereto;
2. It shall satisfy the standards for the restrictions on lessons for the students enrolled in a preschool, elementary school, middle school, high school, or any other school equivalent thereto as prescribed by the Municipal Ordinance of the Special Metropolitan City, a Metropolitan City, Do or the Special Self-governing Province (hereinafter referred to as "City/Do");
3. The accomodations shall be part of the facilities of the private teaching institute, shall be installed within the premises of the institute or 300 meters or less far from the premises of the institute, and shall be provided to the learners of the institute for their exclusive use;
4. The accomodations shall have facilities for meal service as well as the environment, facilities, equipment, etc. suitable for safety, health and sanitation of learners; and
5. The accomodations shall have a dietitian license holder (hereinafter referred to as "dietitian") under Article 37 of the Food Sanitation Act and personnel, who meet the qualification standards for instructors under Article 12 (2), for supervision of accomodations.
(2) The matters concerning the location of accomodations,, the standards for the environment, facilities, and equipment, the standards for the placement of the dietitian and personnel for supervision of accomodations, etc. under paragraph (1) shall be prescribed by the Municipal Ordinance of each City/Do, considering the local circumstances, the size of each private teaching institute, etc.
[This Article Newly Inserted by Presidential Decree No. 19953, Mar. 23, 2007]
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 Article 6 (Conditional Registration of Establishment and Operation of Private Teaching Institutes)   print
(1) A person who wishes to file an application for conditional registration of establishment and operation of a private teaching institute pursuant to Article 7 of the Act shall submit to the Superintendent of the Office of Education an application for registration of establishment and operation of private teaching institute as determined by the Ordinance of the Ministry of Education and Human Resources Development, which has entered the matters under the subparagraphs of Article 5 (2), accompanied by the institute's rules and documents as determined by the Ordinance of the Ministry of Education and Human Resources Development. <Amended by Presidential Decree No. 17115, Jan. 29, 2001>
(2) In case where it is deemed that the contents of a conditional application for registration referred to in paragraph (1) meet the educational environment and can conform to the standards for facilities, the Superintendent of the Office of Education may receive the registration on condition that it shall be equipped with facilities and equipment within a period of not more than 1 year. In this case, where it is deemed that there exists a compelling cause it cannot be equipped with facilities and equipment within the conditional period, the Superintendent of the Office of Education may extend the period within the limit of 6 months.
(3) A person who has received a conditional registration of establishment and operation of a private teaching institute shall report to the Superintendent of the Office of Education ahead of 10 days from the scheduled date of opening courses equipped with facilities and equipment within the period referred to in paragraph (2).
(4) In case where the Superintendent of the Office of Education receives a report referred to in paragraph (3), he shall investigate and confirm whether the facility and equipment are secured, and deliver a certificate of registration of establishment and operation of a private teaching institute if they meet the conditions for registration.
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 Article 7 (Change of Registered Matters)   print
(1) Matters to be made a registration of change referred to in Article 6 of the Act shall be those on change of the location of a private teaching institute, or its teaching curricula. <Amended by Presidential Decree No. 16294, May 10, 1999>
(2) In case where a person who has registered the establishment and operation of a private teaching institute changes matters other than those to be made a registration of change under the provisions of paragraph (1), he shall without delay inform the Superintendent of the Office of Education of the changed matters.
(3) The provisions of Article 5 shall apply mutatis mutandis to the procedures for a registration of change referred to in paragraph (1). In this case the registration shall be deemed the registration of change.
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 Article 7-2 Deleted.<by Presidential Decree No. 19953, Mar. 23, 2007>   print
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 Articles 8 and 9 Deleted.<by Presidential Decree No. 19953, Mar. 23, 2007>   print
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 Article 10 (Ban on Teaching in Excess of One-Time Seating Capacity)   print
(1) The founder and operator of a private teaching institute shall not be permitted to teach learners in excess of the one-time seating capacity of his institute's facilities at the same time or offer the facilities as a teaching place. <Amended by Presidential Decree No. 16294, May 10, 1999>
(2) Deleted. <by Presidential Decree No. 16294, May 10, 1999>
(3) The member of learners who can take lessons in the same subject at the same time at a private teaching institute which requires experiments, practice and practical skills, notwithstanding the provisions of paragraphs (1) and (2), shall be determined by the Municipal Ordinance of the City /Do.
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 Article 11 Deleted.<by Presidential Decree No. 16294, May 10, 1999>   print
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 Article 12 (Instructors)   print
(1) The founder and operator of a private teaching institute shall deploy appropriately instructors in charge of teaching lessons and personnel needed for life guidance so that learners may maximize their learning efficiency. <Amended by Presidential Decree No. 16294, May 10, 1999>
(2) The qualification standards for private teaching institute instructors referred to in Article 13 (1) shall be shown in the attached Table 2.
(3) Deleted. <by Presidential Decree No. 16294, May 10, 1999>
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 Article 13 (Report of Establishment and Operation of Teaching Schools)   print
(1) A person who wishes to establish and operate a teaching school pursuant to Article 14 (1) of the Act shall submit to the Superintendent of the Office of Education a report for registration of establishment and operation of teaching school as determined by the Ordinance of the Ministry of Education and Human Resources Development, which has entered the following matters, accompanied by the documents as determined by the Ordinance of the Ministry of Education and Human Resources Development: <Amended by Presidential Decree No. 17115, Jan. 29, 2001>
1. Name, address, resident registration number and occupation of the reporter;
2. Academic background and careers of the reporter;
3. Name and location of the teaching school;
4. Teaching subjects;
5. tuition fees; and
6. Documents which can prove the right to use the facilities to be used as learning place.
(2) In case where the contents of the report referred to in paragraph (1) conform to the provisions of Articles 15 and 16, the Superintendent of the Office of Education shall deliver a certificate of establishment and operation of teaching school completed under the conditions as determined by the Ordinance of the Ministry of Education and Human Resources Development. <Amended by Presidential Decree No. 17115, Jan. 29, 2001>
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 Article 14 (Change of Matters to be Reported by Teaching Schools)   print
(1) Matters subject to make a report of change pursuant to Article 14 (1) of the Act shall include the changes of teaching instructors, location of teaching school and teaching curricula.
(2) In case where a person who has reported the establishment and operation of a teaching school wishes to change matters other than those subject to make a report of change pursuant to paragraph (1), he shall without delay notify the Superintendent of the Office of Education thereof.
(3) With respect to the procedure for report of change under the provisions of paragraph (1), the provisions of Article 13 shall apply. In this case, such report shall be deemed report of change.
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 Article 15 (Qualifications for Teaching Instructors)   print
(1) The provisions of Article 12 (2) shall apply mutatis mutandis to the qualifications for teaching instructor referred to in Article 14 (3) of the Act.
(2) A teaching school shall not place instructors: Provided, That where a teaching instructor cannot teach lessons in person due to his or her childbirth or disease, it can place a temporary teaching instructor under the conditions as determined by the Superintendent of the Office of Education.
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 Article 16 (Location, etc. of Teaching School)   print
(1) The location, facilities, equipment of a teaching school and the number of learners referred to in Article 14 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 16294, May 10, 1999; Presidential Decree No. 19953, Mar. 23, 2007>
1. Deleted; <by Presidential Decree No. 19953, Mar. 23, 2007>
2. The number of persons who take lessons at a teaching school at the same time shall not be more than 9 persons (or 5 persons for piano lessons); and
3. The number of persons to be accommodated in a lecture room of a teaching place shall not be more than 0.3 person per one square meter.
(2) Deleted. <by Presidential Decree No. 16294, May 10, 1999>
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 Article 16-2 (Reports, etc. of Private Extracurricular Teachers)   print
(1) Any person who intends to conduct a private extracurricular teaching shall enter the matters falling under the following subparagraphs on a written report on private extracurricular teacher as set forth by the Ordinance of the Ministry of Education and Human Resources Development under Article 14-2 (1) of the Act, and submit it to the Superintendent of the Office of Education along with the documents as set forth by the Ordinance of the Ministry of Education and Human Resources Development: <Amended by Presidential Decree No. 18409, Jun. 5, 2004>
1. Name, address and resident registration number of the reporter;
2. Academic background, major, qualification and career of the reporter;
3. Teaching subject;
4. Fees for teaching; and
5. Teaching place.
(2) Any private extracurricular teacher shall, where the matters under paragraph (1) 1, 3 through 5 are changed, submit to the Superintendent of the Office of Education a written report on changes as set forth by the Ordinance of the Ministry of Education and Human Resources Development within 15 days from the date on which the relevant causes have occurred under the latter part of Article 14-2 (1) of the Act. <Amended by Presidential Decree No. 18409, Jun. 5, 2004>
[This Article Newly Inserted by Presidential Decree No. 17296, Jul. 7, 2001]
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 Article 17 (Tuition fee Adjustment Committee)   print
(1) In case where the Superintendent of the Office of Education intends to order an adjustment of tuition fees, charges for service, or teaching fees, etc. (hereinafter referred to as the "tuition fees, etc.") pursuant to Articles 14-2 (6) and 15 (4) of the Act, he shall have undergo a deliberation by the tuition fee Adjustment Committee (hereinafter referred to as the "Adjustment Committee"). <Amended by Presidential Decree No. 18409, Jun. 5, 2004; Presidential Decree No. 19953, Mar. 23, 2007>
(2) The Adjustment Committee under paragraph (1) shall be installed in each local education office (which means a local education office under Article 34 (1) of the Local Education Autonomy Act), and more specific details of the organization and operation of the committee shall be prescribed by the educational regulations. <Amended by Presidential Decree No. 19953, Mar. 23, 2007>
(3) through (5) Deleted. <by Presidential Decree No. 19953, Mar. 23, 2007>
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 Article 18 (Collection, Reduction and Exemption, Refund, etc. of Lecture Fees, etc.)   print
(1) Any founder, operator, and teaching instructor of a private teaching institute shall, when they collect tuition fees from the relevant learners or users of a teaching place, issue receipts. <Amended by Presidential Decree No. 16294, May 10, 1999>
(2) Causes for refund of tuition fees, etc. under the provisions of Article 18 (2) of the Act (hereinafter referred to as the "cause for refund") shall occur in the following cases: <Amended by Presidential Decree No. 16294, May 10, 1999>
1. A case where the registration of a private teaching institute is cancelled, the teaching place is shut down, or the suspension of teaching is ordered under the provisions of Article 17 of the Act;
2. A case where a founder, operator, or teaching instructor of a private teaching institute is unable to teach learners or provide teaching places; and
3. A case where learners give up attending lectures or using a teaching place according to their wishes.
(3) Where the cause for refund under paragraph (2) occurs, the lecture fees shall be refunded within 5 days from the day the cause occurs according to the standards for the refund as prescribed in Table 3 attached hereto: <Amended by Presidential Decree No. 16294, May 10, 1999; Presidential Decree No. 19953, Mar. 23, 2007>
1. and 2. Deleted. <by Presidential Decree No. 19953, Mar. 23, 2007>
(4) Any founder, operator, and teaching instructor of a private teaching institute may reduce and exempt tuition fees, etc. within the scope of not creating obstacles to the operation of the private teaching institute or teaching school concerned.
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 Article 19 Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>   print
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 Article 20 (Delegation and Entrustment of Powers)   print
(1) The Superintendent of the Office of Education shall delegate the following powers to the vice-superintendent of the Office of Education pursuant to Article 21 (1) of the Act: <Amended by Presidential Decree No. 16294, May 10, 1999; Presidential Decree No. 17296, Jul. 7, 2001; Presidential Decree No. 19953, Mar. 23, 2007>
1. Consultations with the head of the administrative agency concerned referred to in Article 5 (3) of the Act;
2. Receipt of registration and registration of change of establishment and operation of private teaching institutes referred to in Article 6 of the Act;
3. Receipt and cancellation of conditional registration of establishment and operation of private teaching institutes referred to in Article 7 of the Act;
4. Receipt of report on suspension and closure of private teaching institutes referred to in Article 10 of the Act;
5. Receipt of report on establishment and operation of teaching schools referred to in Article 14 of the Act;
5-2. Receipt of report on suspension and closure of teaching schools under Article 14 (4) of the Act;
5-3. Receipt of report on any person intending to conduct private extracurricular teaching, receipt of report on changes of a private extracurricular teacher, etc. under Article 14-2 of the Act;
5-4. An order of adjustment of the tuition fee or lesson fee under Article 14-2 (6) or 15 (4) of the Act;
6. Guidance and supervision concerning private teaching institutes, teaching schools, and private extracurricular teachers under Article 16 (1), (3), and (4) of the Act;
7. Administrative dispositions against private teaching institutes and teaching schools referred to in Article 17 of the Act;
8. Measures on closure, etc. of private teaching institutes or teaching schools and order to suspend extracurricular teaching under Article 19 of the Act;
9. Hearings referred to in Article 20 of the Act;
10. Imposition and collection of a fine for negligence referred to in Article 23 of the Act; and
11. Receipt of notification of change referred to in Articles 7 (2) and 14 (2).
(2) Deleted. <by Presidential Decree No. 17296, Jul. 7, 2001>
(3) The Superintendent of the Office of Education shall, under Article 21 (3) of the Act, entrust the affairs such as the training for founders, operators and instructors, and investigation and research related to the training referred to in Article 13 (3) of the Act to the incorporated association, the Korea Federation of Private Teaching Institutes.
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 Article 21 (Imposition and Collection of Fine for Negligence)   print
(1) In case where the Superintendent of the Office of Education imposes a fine for negligence pursuant to Article 23 (2) of the Act, he shall investigate and confirm an offense and then notify a person subject to the disposition of the fine for negligence to pay it by specifying the fact of the offense, the amount of the fine for negligence and so on in writing.
(2) In case where the Superintendent of the Office of Education wishes to impose a fine for negligence pursuant to paragraph (1), he shall give a person subject to the disposition of the fine for negligence an opportunity to state his opinion orally or in writing by setting a period of not less than 10 days. In this case, if he fails to state his opinion until the designated date, he shall be deemed to have no opinion.
(3) In determining the amount of fine for negligence, the Superintendent of the Office of Education shall take into account the causes, consequences, etc. of the offense.
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1996: Provided, That the provisions of Article 11 shall enter into force on January 1, 1997.
(2) (Transitional Measures on Teaching Curricula) The teaching curricula of the private teaching institutes registered at the time of enforcement of this Decree shall be deemed to have registered as the teaching curricula which are identical to or similar to the previous teaching curricula from among those listed in the annexed Table 1.
(3) (Transitional Measures on Qualifications for Instructors, etc.) The qualifications for instructors who teach lessons at private teaching institutes registered and extracurricular teaching instructors reported, notwithstanding the provisions of the annexed Table 2 referred to in Articles 12 and s15, shall be governed by the previous provisions.
ADDENDA<Presidential Decree No. 14920, Feb. 22, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 1996.
Article 2 Omitted.
ADDENDUM<Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM<Presidential Decree No. 16294, May 10, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 17260, Jun. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2001.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 17296, Jul. 7, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2001.
Article 2 Omitted.
Article 3 (Relations with Other Acts and Subordinate Statutes)
In case where the provisions of the previous Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes are cited in other Acts and subordinate statutes at the time when this Decree enters into force, this Decree shall be considered to have been cited in lieu of the previous Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes.
ADDENDUM<Presidential Decree No. 18409, Jun. 5, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 19717, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Articles 2 through 8 Omitted.
ADDENDA<Presidential Decree No. 19953, Mar. 23, 2007>
(1) (Enforcement Date) This Decree shall enter into force on March 23, 2007.
(2) (Applicability to the Refund of Tuition Fees) The provisions of Article 18 (3) and Table 3 attached hereto as amended shall be applicable to the refund cases that occur on and after the enforcement date of this Decree.
ADDENDA<Presidential Decree No. 20003, Apr. 12, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.