Private School Act


Published: 2008-03-14

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to ensure the sound development of private schools by securing their independence and promoting their public characteristics, in view of their special characteristics.
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 Article 2 (Definitions)   print
(1) For the purpose of this Act, the term "private schools" means schools referred to in subparagraph 2 of Article 2 of the Early Childhood Education Act, Article 2 of the Elementary and Secondary Education Act, and Article 2 of the Higher Education Act, which are established by school juristic persons, juristic persons other than public organizations, or other individuals. <Amended by Act No. 6004, Aug. 31, 1999; Act No. 7120, Jan. 29, 2004; Act No. 8888, Mar. 14, 2008>
(2) For the purpose of this Act, the term "school juristic persons" means juristic persons organized under this Act for the purpose of establishing and operating only private schools.
(3) For the purpose of this Act, the term "managers of private schools" means juristic persons, other than public organizations (excluding school juristic persons), or individuals that establish and operate private schools under the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, and this Act. <Amended by Act No. 6004, Aug. 31, 1999; Act No. 7120, Jan. 29, 2004; Act No. 8888, Mar. 14. 2008>
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 Article 3 (Private Schools, etc. which may not be Established by Those other than School Juristic Persons)   print
(1) Persons other than school juristic persons shall neither establish nor operate private schools which fall under any of the following subparagraphs: Provided, That in the event that industrial bodies establish and operate middle or high schools for the education of their employed working juveniles pursuant to the provisions of Article 52 (2) of the Elementary and Secondary Education Act, the same shall not apply: <Amended by Act No. 2961, Dec. 31, 1976; Act No. 3057, Dec. 31, 1977; Act No. 3812, May 9, 1986; Act No. 5069, Dec. 29, 1995; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999; Act No. 8639, Oct. 17, 2007; Act No. 8888, Mar. 14. 2008>
1. Elementary schools, middle schools, high schools, colleges and universities;
2. Deleted; <by Act No. 6004, Aug. 31, 1999>
3. Industrial colleges, cyber universities, junior colleges and technology colleges;
4. Other schools of various kinds equivalent to colleges and universities, industrial colleges, junior colleges or technology colleges.
(2) Deleted. <by Act No. 6004, Aug. 31, 1999>
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 Article 4 (Competent Agencies)   print
(1) Persons falling under any of the following subparagraphs shall be subject to the direction and control of the Superintendent of the Office of Education of the Special Metropolitan City, a Metropolitan City or a Do (hereinafter referred to as “City/ Do”) who has jurisdiction over their location: <Amended by Act No. 4347, Mar. 8, 1991; Act No. 5069, Dec. 29, 1995; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999>
1. Private elementary schools, private middle schools, private high schools, private high technical schools, private civic schools, private higher civic schools, private schools for the handicapped, private kindergartens and other schools of various kinds equivalent to those mentioned above;
2. School juristic persons that establish and operate private schools as referred to in subparagraph 1, or managers of such private schools.
(2) Deleted. <by Act No. 4347, Mar. 8, 1991>
(3) Persons falling under any of the following subparagraphs shall be subject to the control and supervision of the Minister of Education, Science and Technology: <Amended by Act No. 2396, Dec. 28, 1972; Act No. 3057, Dec. 31, 1977; Act No. 3812, May 9, 1986; Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999; Act No. 6400, Jan. 29, 2001; Act No. 8639, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008>
1. Private colleges and universities, private industrial colleges, private junior colleges, private cyber universities, private technology colleges, and other private schools of various kinds equivalent to those mentioned above (hereinafter referred to as “college educational institutions”);
2. School juristic persons that establish and operate private schools as referred to in subparagraph 1;
3. School juristic persons that establish and operate both private schools as referred to in subparagraph 1 and other private schools.
CHAPTER Ⅱ SCHOOL JURISTIC PERSONS
SECTION 1 Common Provisions
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 Article 5 (Assets)   print
(1) School juristic persons shall have facilities and equipment necessary for the private schools established and operated by them, and property necessary for the management of the schools concerned.
(2) Standards of the facilities, equipment and property necessary for the private schools as provided in paragraph (1) shall be determined by Presidential Decree. <Amended by Act No. 1664, Nov. 10, 1964>
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 Article 6 (Business)   print
(1) School juristic persons may run a business aimed at profit-making for the purpose of using the profits for management of private schools (hereinafter referred to as “profit-making businesses”), if the operation of such businesses places no obstacle upon education by the private schools established by them. <Amended by Act No. 5274, Jan. 13, 1997>
(2) Deleted. <by Act No. 6004, Aug. 31, 1999>
(3) When a school juristic person runs a profit-making business under paragraph (1), it shall publicly announce, without delay, the following matters:
1. The name of the business and seat of its office;
2. The type of the business:
3. The capital for the management of the business;
4. The name and address of the representative of the business;
5. The commencement and term of the business;
6. Other necessary matters.
(4) The accounting of the profit-making business as referred to in paragraph (1) shall be separated from that concerning operation of the private school which is established and operated by the school juristic person concerned.
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 Article 7 (Address)   print
The address of a school juristic person shall be deemed to be the seat of its principal office.
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 Article 8 (Registration of Establishment)   print
(1) When a school juristic person has obtained permission for its establishment, it shall register the following matters within three weeks from the date of such permission:
1. Objectives;
2. Name;
3. Office;
4. Date of permission for establishment;
5. Period of existence or causes for dissolution, if such period or causes are determined;
6. Total value of assets;
7. Method investment, if such method is determined;
8. Names and addresses of directors;
9. Deleted. <by Act No. 3373, Feb. 28, 1981>
(2) Matters to be registered under paragraph (1) shall not be set up against a third party unless those matters are registered. <Amended by Act No. 5274, Jan. 13, 1997>
(3) The court shall publicly announce, without delay, the registered matters.
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 Article 8-2 (Report on Property Transfer)   print
Every school juristic person registered pursuant to the provisions of Article 8, shall promptly make a report on the result of the property contribution, accompanied by a certified copy of the register book attesting the property contribution, a certificate issued by relevant financial institutions and documents prescribed by Presidential Decree, to the competent agency.
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
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 Article 9 (Legal Capacity, etc. of School Juristic Persons)   print
The provisions of Articles 34 and 35 of the Civil Act shall apply mutatis mutandis to school juristic persons' legal capacity and capacity to commit an unlawful act. <Amended by Act No. 8888, Mar. 14. 2008>
SECTION 2 Establishment
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 Article 10 (Permission of Establishment)   print
(1) Anyone who desires to establish a school juristic person shall contribute a certain property for establishment, formulate the articles of association including the following matters, and obtain permission from the Minister of Education, Science and Technology under the conditions determined by Presidential Decree. In such cases, when establishing a school juristic person who establishes and operates a technology college, the relevant enterprise shall contribute a certain property in advance under the conditions prescribed Presidential Decree: <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
1. Objectives;
2. Name;
3. Type and name of the private school to be established and operated;
4. Seat of office;
5. Matters concerning assets and accounting;
6. Matters concerning fixed number of executives, and appointment and dismissal of such executives;
7. Matters concerning the board of directors;
8. If the school juristic person desires to run a profit-making business, the type and other matters concerning the business;
9. Matters concerning modification of the articles of association;
10. Matters concerning dissolution;
11. Matters concerning public announcement and the method thereof; and
12. Other matters to be provided for in the articles of association under this Act.
(2) The executives of a school juristic person at the time of its establishment shall be determined by the articles of association.
(3) In determining the matters prescribed in paragraph (1) 6, a school juristic person who establishes and operates a technology college shall nominate as its executive a person who is engaged in the enterprise, under the conditions prescribed by Presidential Decree. <Newly Inserted by Act No. 5274, Jan. 13, 1997>
(4) In determining the matters prescribed in paragraph (1) 10, the persons who receive the residual property shall be selected from managers of school juristic persons or any other educational enterprises.
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 Article 10-2 (Entry of Contributors in Articles of Association)   print
(1) Every school juristic person may enter the matters falling under each of the following subparagraphs, in addition to the matters referred to in each subparagraph of Article 10 (1), in the articles of association in order to protect the contribution intention of every contributor who has contributed a certain property and to honor his/her contribution:
1. The name and the date of birth of the contributor;
2. The details of the contributed property, the appraisal standards and the amount;
3. The contributor’s intention of contributing his/her property.
(2) With respect to anyone who has contributed or donated his/her property whose value exceeds a certain amount prescribed by Presidential Decree after any school juristic person is established other than the contributors referred to in paragraph (1), the matters referred to in each subparagraph of paragraph (1) may be entered in the articles of association according to his/her wish.
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
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 Article 11 (Supplement to Articles of Association)   print
(1) If a person desiring to establish a school juristic person has died after having determined the matters concerning the objectives and assets only among those falling under each subparagraph of Article 10 (1), the Minister of Education, Science and Technology may determine other matters upon the application of any interested person. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(2) In cases of paragraph (1), if no interested person exists or no application is submitted, the Minister of Education, Science and Technology may determine ex officio the matters prescribed in paragraph (1). <Amended by Act No. 4268, Dec. 27, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
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 Article 12 (Time of Establishment)   print
A school juristic person shall come into existence by making registration for establishment at the seat of its principal office.
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 Article 13 (Application Mutatis Mutandis of Civil Act)   print
The provisions of Articles 47, 48, 50 through 54 and 55 (1) of the Civil Act shall apply mutatis mutandis to the establishment of school juristic persons. <Amended by Act No. 8888, Mar. 14. 2008>
SECTION 3 Organization
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 Article 14 (Executives)   print
(1) Every school juristic person shall have, as its executives, seven directors or more and two auditors or more: Provided, That a school juristic person which establishes and operates only a kindergarten may have five directors or more and one auditor or more as its executives. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999>
(2) One of the directors shall become the chief director according to the articles of association.
(3) Every school juristic person shall select and appoint directors who correspond to one fourth (Provided, That the numbers below decimal point shall be rounded up) of the fixed number of directors referred to in the provisions of paragraph (1) (hereinafter referred to as "open-type directors") from among the multiples of persons who are recommended by the open-type director recommendation committee referred to in the provisions of paragraph (4). <Amended by Act No. 8545, Jul. 27, 2007>
(4) The open-type director recommendation committee (hereinafter referred to as "recommendation committee") shall be established at the university deliberation committee referred to in the provisions of Article 26-2 (hereinafter referred to as "university deliberation committee") or the school operating committee referred to in the provisions of Article 31 of the Elementary and Secondary Education Act (hereinafter referred to as "school operating committee"), and its organization, operation and composition shall be determined by its articles of association and the fixed number of the members of the recommendation committee shall be odd number not less than five and one half of the members of the recommendation committee shall be recommended by the university deliberation committee or the school operating committee: Provided, That in cases of the school juristic person that establishes and operates the university and graduate school of which sole purpose is to train religion leaders as prescribed by Presidential Decree, the relevant religious group shall recommend one half of the members of the recommendation committee. <Amended by Act No. 8545, Jul. 27, 2007>
(5) In cases where the recommendation committee recommends the open-type directors pursuant to the provisions of paragraph (3), its recommendation of such directors shall be completed within 30 days and where it fails to do so within the period, the competent agency shall recommend them. <Amended by Act No. 8545, Jul. 27, 2007>
(6) Detailed matters concerning the recommendation of the open-type directors provided for in the provisions of paragraphs (3) through (5), selection and appointment method, qualifications and standards shall be prescribed by the articles of association under the conditions prescribed by Presidential Decree. <Amended by Act No. 8545, Jul. 27, 2007>
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 Article 15 (Board of Directors)   print
(1) A board of directors shall be established under every school juristic person.
(2) The board of directors shall be comprised of directors.
(3) The chief director shall convene the board of directors and preside over the meetings.
(4) The auditors may attend the meetings of the board of directors and present their opinions.
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 Article 16 (Functions of Board of Directors)   print
(1) The board of directors shall deliberate upon and make decisions on the following matters: <Amended by Act No. 3373, Feb. 28, 1981; Act No. 3812, May 9, 1986; Act No. 4226, Apr. 7, 1990>
1. Matters concerning budgets, settlement of accounts, loans, and acquisitions, disposition and management of assets of the school juristic person;
2. Matters concerning alteration of the articles of association;
3. Matters concerning merger and dissolution of the school juristic person;
4. Matters concerning appointment and dismissal of officers;
5. Matters concerning appointment and dismissal of the principal and teachers of a private school established by the school juristic person concerned;
6. Important matters concerning management of the private school established by the school juristic person;
7. Matters concerning profit-making business;
8. Other matters under jurisdiction of the board of directors pursuant to Acts and subordinate statutes, or the articles of association.
(2) If the interest of the chief director or a director conflicts with that of the school juristic person concerned, the chief director or the director shall not participate in the decision on the matters concerned.
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 Article 17 (Convocation of Board of Directors)   print
(1) The chief director may, whenever he/she deems it necessary, convene a meeting of the board of directors.
(2) The chief director shall convene a meeting of the board of directors within 20 days from the date when the meeting is requested on the grounds of the following reasons:
1. When a majority of the total directors on the register roll has requested a meeting, indicating the purpose of the proposed meeting;
2. When an auditor has requested a meeting under Article 19 (4) 4.
(3) When a meeting of the board of directors is to be convened, a notice indicating clearly the purpose of the meeting shall be made to each director at least seven days prior to the date of the meeting: Provided, That this provision shall not apply when all the directors have requested the meeting and all attend the meeting.
(4) When a meeting of the board of directors is to be convened, if it is impossible to convene the meeting for seven days or more because the person who holds the right to convene the meeting, is absent or evades the duty of convening the meeting, a majority of the total directors on the register roll may convene the meeting with their approval: Provided, That in cases where the person who holds the right to convene a meeting of the board of directors evades convening the meeting, such meeting shall be convened upon approval therefor from the competent agency. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 7802, Dec. 29, 2005>
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 Article 18 (Quorum for Commencing Proceedings and Quorum for Passing Resolutions)   print
The board of directors shall, except as otherwise provided for in the articles of association, open with the attendance of a majority of the total directors on the roster and resolve with the concurrent vote of a majority of the fixed number of directors, which is prescribed by the articles of association. <Amended by Act No. 5274, Jan. 13, 1997; Act No. 7802, Dec. 29, 2005>
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 Article 18-2 (Preparation of Minutes and Publication thereof, etc.)   print
(1) The board of directors shall prepare minutes in which the matters falling under each of the following paragraphs are entered: Provided, That in cases where circumstances make it difficult to prepare the minute on the day when the board of directors holds its meeting, a meeting record in which the results of deliberation and resolution by each agenda are entered may be prepared:
1. The date and time when the board of directors opens, suspends and closes its meeting;
2. Agenda;
3. The deliberations;
4. The names of executives and employees present at the meeting of the board of directors;
5. The number of voting;
6. Other matters deemed necessary by the chief director.
(2) All the executives present at the meeting of the board of directors shall affix their signatures to the minute or the meeting record in a manner that their names are easily identified and in cases where the minute or the meeting record be comprised of not less than two sheets, they shall affix their signatures to the spaces of such sheets: Provided, That the board of directors shall elect three directors among the executives present at the meeting so that they may affix their signature to the spaces of the minutes or the meeting record or affix their seals between pages as representatives. <Amended by Act No. 8545, Jul. 27, 2007>
(3) In cases where the meeting record is prepared pursuant to the proviso to paragraph (1), the minute shall be prepared as soon as possible: Provided, That when the minute is urgently needed, the meeting record may be submitted to the competent agency in lieu of the minute.
(4) All of the minutes shall be published: Provided, That with respect to the matters that are prescribed by Presidential Decree, such matters may not be published after obtaining a resolution thereon of the board of directors.
(5) The period during which the minute is published, the procedures for publishing the minute and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
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 Article 19 (Duties of Officers)   print
(1) The chief director shall represent the school juristic person concerned, perform the duties as provided for in this Act and the articles of association, and supervise and control the internal affairs of the school juristic person concerned.
(2) If the chief director is absent or unable to perform his/her duties by accident, a director shall act for him/her in accordance with the articles of association and if there is no such provision in the articles of association, the director elected from among the directors shall act for him/her.
(3) The directors shall attend meetings of the board of directors and deliberate and make decisions on matters concerning the affairs of the school juristic person, and take charge of the matters delegated by the board of directors or the chief director.
(4) The auditors shall perform the following duties: <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990>
1. To audit the state of property and the accounts of the school juristic person concerned;
2. To audit matters concerning the operation and duties of the board of directors;
3. To report to the board of directors and the competent agency on illegal or defective points which have been found as a result of audit of matters concerning the state of property of the school juristic person or operation and duties of the board of directors;
4. To request the convocation of a meeting of the board of directors, when it is required to make a report as referred to in subparagraph 3;
5. To state their opinions to the chief director or directors concerning the state of property of the school juristic person concerned or the operation and duties of the board of directors.
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 Article 20 (Appointment and Term of Office of Executive)   print
(1) Executives shall be appointed by the board of directors in accordance with the articles of association.
(2) Executives shall take offices with approval of the competent agency. In such cases, their personnel details shall be published under the conditions as prescribed by the Minister of Education, Science and Technology. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 7802, Dec. 29, 2005; Act No. 8852, Feb. 29, 2008>
(3) The term of office of the chief director, directors and auditors shall be determined by the articles of association and the terms of office of the directors shall not exceed five years and they may be reappointed and the terms of the auditors shall not exceed three years and may be reappointed only once. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 7802, Dec. 29, 2005>
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 Article 20-2 (Revocation of Approval of Executive’s Taking Office)   print
(1) If an executive has committed any of the following acts, the competent agency may revoke its approval of his/her taking office: <Amended by Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
1. When he/she violates the provisions of this Act, the Elementary and Secondary Education Act or the Higher Education Act or fails to execute orders given pursuant to those Acts;
2. When he/she causes a dispute between executives or commits fraudulent accounting or other serious injustice, which results in seriously impeding the operation of the relevant school;
3. When he/she infringes on the authority of the head of a relevant school in regard to school administration;
4. and 5. Deleted; <by Act No. 8545, Jul. 27, 2007>
6. When he/she refuses to go along with the request of the competent agency to discipline the head of school;
7. Deleted. <by Act No. 8545, Jul. 27, 2007>
(2) The revocation of approval of taking office under paragraph (1) shall be effected only when 15 days have elapsed without correction from the date on which the competent agency requested the school juristic person to correct the action, accompanied by a statement of the reasons therefor: Provided, That in cases where even if the correction is requested, it is clear that such correction cannot be made and the extent of the accounting fraud, the embezzlement and the offering and taking of bribe is serious, approval granted for the officer to take office may be revoked without the request of correction and detailed standards therefor shall be set by Presidential Decree. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005>
(3) Deleted. <by Act No. 4226, Apr. 7, 1990>
[This Article Newly Inserted by Act No. 1664, Nov. 10, 1964]
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 Article 20-3 (Suspension of Officers From Performing Their Duties)   print
(1) In the case falling under each of the following subparagraphs, the competent agency may suspend the relevant officer from performing his/her duties within the scope of 60 days and when the grounds of inevitability accrue, the period may be extended within the scope of 60 days:
1. When the inspection or the audit that is conducted for revoking approval of taking office provided for in the provisions of Article 202 (1) is in progress;
2. When, if the relevant officer continues the performance of his/her duties during the period in which the correction request is made pursuant to the provisions of Article 20-2 (2), his/her continued performance of his/her duties is feared to cause serious damage to the operation of the school juristic person or the school concerned.
(2) When the grounds of the suspension of the performance of the officer’s duties provided for in the provisions of paragraph (1) come to an end, the competent agency shall immediately cancel the suspension of the performance of his/her duties.
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
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 Article 21 (Restrictions on Appointment of Executives)   print
(1) At least a half of the fixed numbers of directors shall be Korean nationals: Provided, That in cases of a school juristic person who establishes and operates college educational institutions as determined by Presidential Decree and to whom any person who is not a national of the Republic of Korea has contributed the property equivalent to one-half or more of the basic property of school juristic person, less than two-thirds of the fixed number of directors may not be nationals of the Republic of Korea. <Amended by Act No. 5345, Aug. 22, 1997>
(2) In organizing the board of directors, those who have kinship with each other as defined in Article 777 of the Civil Act, shall not exceed one-fourth of the fixed number of directors. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 6004, Aug. 31, 1999; Act No. 7802, Dec. 29, 2005; Act No. 8888, Mar. 14. 2008>
(3) At least one-third of the fixed number of directors shall be those who have experience in education for three or more years. <Amended by Act No. 3812, May 9, 1986; Act No. 5274, Jan. 13, 1997>
(4) The auditors shall not have kinship as defined in Article 777 of the Civil Act with each other or with directors. <Amended by Act No. 6004, Aug. 31, 1999; Act No. 8888, Mar. 14. 2008>
(5) One of the auditors who are posted in a school juristic person shall be the person who is recommended by the recommendation committee. <Amended by Act No. 8545, Jul. 27, 2007>
(6) In cases where any school juristic person is larger than the standard prescribed by Presidential Decree, one of the auditors shall be the person who is qualified as a certified public accountant. <Newly Inserted by Act No. 3373, Feb. 28, 1981>
(7) In cases where a request is made to approve the appointment of the person falling under each of the following subparagraphs as an executive, the consent of not less than two-thirds of the directors on the roster shall be obtained: <Newly Inserted by Act No. 7802, Dec. 29, 2005>
1. The person for whom five years have elapsed from the date approval for taking office as an executive was revoked pursuant to the provisions of Article 20-2;
2. The person for whom five years have elapsed from the date he/she was dismissed pursuant to the provisions of Article 61;
3. The person for whom three years have elapsed from the date on he/she was dismissed from the position of the head of school pursuant to the provisions of Article 54-2.
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 Article 22 (Disqualifications of Executives)   print
Any person who falls under any of the following subparagraphs shall not become an executive of school juristic persons: <Amended by Act No. 3458, Nov. 23, 1981; Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005; Act No. 8888, Mar. 14. 2008>
1. A person who falls under the provisions of Article 33 of the State Public Officials Act;
2. A person for whom five years have not yet elapsed from the date the approval for taking office as an executive was revoked pursuant to the provisions of Article 20-2;
3. A person for whom three years have not yet elapsed from the date he/she was released from office by a request for dismissal under Article 54-2;
4. A person for whom five years have not yet elapsed from the date he/she was dismissed pursuant to the provisions of Article 61;
5. A person who has retired after having worked as a public official of Grade Ⅳ or higher in charge of the educational administration or a public official of Grade Ⅳ or higher in charge of education and for whom two years have not yet elapsed from the date he/she retired.
[This Article Wholly Amended by Act No. 2587, Mar. 10, 1973]
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 Article 23 (Prohibition from Concurrently Holding Office)   print
(1) The chief director shall not concurrently hold the office of the head of a private school established and operated by the relevant school juristic person: Provided, That in cases of the chief director of the school juristic person that establishes and operates kindergartens only, he/she may concurrently hold the office of the head of the relevant kindergarten. <Amended by Act No. 8545, Jul. 27, 2007>
(2) The director shall not concurrently hold the office of an auditor, a teacher or other employee of a private school established and operated by the school juristic person concerned: Provided, That this provision shall not apply to the head of the school.
(3) The auditor shall not concurrently hold the office of the chief director, a director or an employee of the school juristic person concerned (including a teacher or other employee of the private school established and operated by the school juristic person concerned).
(4) Deleted. <by Act No. 4226, Apr. 7, 1990>
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 Article 24 (Filling Vacancies)   print
If a vacancy occurs in the office of directors or auditors, it shall be filled within two months.
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 Article 24-2 (Establishment and Functions of Private School Dispute Mediation Committee)   print
(1) The private school dispute mediation committee shall be established under the control of the Minister of Education, Science and Technology (hereinafter referred to as “mediation committee”) in order to deliberate on important matters concerning the selection and appointment of the temporary directors referred to in the provisions of Article 25, the dismissal of the temporary directors referred to in the provisions of Article 25-2 and the normalization, etc. of the school juristic person for which the temporary directors are selected and appointed referred to in the provisions of Article 25-3. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The mediation committee shall deliberate on any matters prescribed in the following subparagraphs:
1. Matters concerning selection and appointment of the temporary directors;
2. Matters concerning dismissal of the temporary directors;
3. Matters concerning progress of normalization of the school juristic person for which the temporary directors are selected and appointed;
4. Other matters requested by the competent agency for the mediation committee’s deliberation.
(3) The mediation committee shall notify the result of the deliberation on any matters prescribed in each subparagraph of paragraph (2) to the competent agency without delay.
(4) The competent agency shall comply with the result of the deliberation under paragraph (3): Provided, That if the competent agency has any objection to the result of the deliberation, it shall request the mediation committee to re-deliberate the relevant matters and accept the result of the re-deliberation.
[This Article Newly Inserted by Act No. 8545, Jul. 27, 2007]
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 Article 24-3 (Composition, etc. of Mediation Committee)   print
(1) The mediation committee shall be comprised of the members falling under any of the following subparagraphs commissioned by the President and its chairperson shall be elected among the persons recommended by the Chief Justice of the Supreme Court:
1. Three persons recommended by the President;
2. Three persons recommended by the Speaker of the National Assembly;
3. Five persons recommended by the Chief Justice of the Supreme Court.
(2) The term of office of the committee members shall be two years and reappointed only once.
(3) Any necessary matters on the organization and operation, etc. of the mediation committee shall be determined by Presidential Decree.
[This Article Newly Inserted by Act No. 8545, Jul. 27, 2007]
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 Article 24-4 (Qualifications of Members of Mediation Committee)   print
(1) Members of mediation committee shall be those falling under any of the following subparagraphs:
1. Those who have 15 or more years of work experience as a judge, a public prosecutor, a military judicial officer or an attorney-at-law;
2. Those who have 15 or more years of teaching experience and worked as a head of the university, a dean or a principal of the elementary school or the secondary school;
3. Those who have 15 or more years of teaching experience whose position is higher than the associate professor at the university;
4. Accountants who have 15 or more of accounting work experience;
5. Those who have 15 or more years of work experience as public officials and worked as high ranking public officials at educational administrative agencies
(2) No person who falls under any of the subparagraphs of Article 22 shall not become the committee members.
[This Article Newly Inserted by Act No. 8545, Jul. 27, 2007]
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 Article 25 (Appointment of Temporary Director)   print
(1) In cases falling under each of the following subparagraphs, the competent agency shall select and appoint temporary directors upon receiving a claim filed by interested persons or ex officio through the deliberation of the mediation committee: <Amended by Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
1. When the normal operation of the school juristic person is judged to be difficult on the grounds that the school juristic person fails to fill the vacancies of directors;
2. When approval for the executives of the school juristic person to take office is revoked pursuant to the provisions of Article 20-2: Provided, That the same shall be limited to the cases where approval for the executives to take office is revoked with respect to the directors who exceed the quorum of the board of directors referred to in Article 18;
3. When temporary directors are dismissed pursuant to the provisions of Article 25-2.
(2) Temporary directors shall make efforts so that any causes referred to in paragraph (1) may be removed as soon as possible.
(3) Temporary directors shall hold office until a cause referred to in paragraph (1) is removed: Provided, That their term of office may not exceed three years from the date they are selected and appointed. <Amended by Act No. 8545, Jul. 27, 2007>
(4) Temporary directors shall not be appointed as the executives referred to in Article 20.
(5) The competent agency may ask any juristic person for which temporary directors are selected and appointed to convene a meeting of the board of directors. <Newly Inserted by Act No. 7802, Dec. 29, 2005>
(6) Among the school juristic persons for which the temporary directors are selected and appointed, the minimum operating expenses of the board of directors and labor cost of staff in charge of clerical services of the financially poor school juristic person may be supported by the State or local governments. <Amended by Act No. 8545, Jul. 27, 2007>
[This Article Wholly Amended by Act No. 6004, Aug. 31, 1999]
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 Article 25-2 (Dismissals of Temporary Directors)   print
In cases falling under each of the following subparagraphs, the competent agency may dismiss all or part of the temporary directors through the deliberation of the mediation committee: <Amended by Act No. 8545, Jul. 27, 2007>
1. Where the temporary directors fall under any subparagraph of Article 33 of the State Public Officials Act;
2. Where the temporary directors grossly neglect the performance of their duties;
3. Where the temporary directors perform the act falling under any subparagraph of Article 20-2 (1).
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
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 Article 25-3 (Normalization of School Juristic Person for which Temporary Directors are Selected and Appointed)   print
(1) When the grounds of the selections and appointments of temporary directors who are selected and appointed pursuant to the provisions of Article 25 are deemed to be annulled, notwithstanding the provisions of Article 20, the competent agency shall promptly dismiss them through the deliberation of the mediation committee and select and appoint directors. <Amended by Act No. 8545, Jul. 27, 2007>
(2) The school juristic person for which temporary directors are selected and appointed shall report the result of progress of the normalization to the mediation committee not less than once every year. <Amended by Act No. 8545, Jul. 27, 2007>
(3) The mediation committee shall evaluate the result of progress referred to in paragraph (2) and notify the competent agency of the matters on the dismissal of temporary directors and whether the normalization is achieved. <Amended by Act No. 8545, Jul. 27, 2007>
(4) Deleted. <by Act No. 8545, Jul. 27, 2007>
[This Article Newly Inserted by Act No. 7802, Dec. 29, 2005]
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 Article 26 (Restrictions on Remuneration for Executives)   print
(1) No remuneration shall be paid to executives of a school juristic person other than the full-time executives as referred to in articles of association: Provided, That reimbursement of actual expenses shall be made to them. <Amended by Act No. 3373, Feb. 28, 1981; Act No. 5274, Jan. 13, 1997>
(2) The school juristic person may pay living costs, medical expenses and funeral expenses to the persons who have donated or contributed to the school juristic person concerned, property equivalent to one third or more of the basic property of the school juristic person, and who have difficulty in making a living within the limit that the school juristic person concerned makes a profit: Provided, That the same shall not apply to those who receive remuneration pursuant to the provisions of paragraph (1). <Newly Inserted by Act No. 3114, Dec. 5, 1978; Act No. 3812, May 9, 1986; Act No. 5274, Jan. 13, 1997>
(3) The criteria of persons who have difficulty in making a living, among those who have donated or contributed the property as referred to in paragraph (2), and the extent of living costs, medical expenses and funeral expenses shall be determined by Presidential Decree. <Newly Inserted by Act No. 3114, Dec. 5, 1978>
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 Article 26-2 (University Deliberation Committee)   print
(1) The university deliberation committee mandated to deliberate on the matters falling under any of the following subparagraphs shall be set up in each of university educational institutions: Provided, That the matters in subparagraphs 3 and 4 shall be subject to consultation:
1. Matters concerning development plan of the university;
2. Matters concerning establishment or amendment of school regulations;
3. Matters concerning establishment or amendment of a charter of the university;
4. Matters concerning operation of university educational course;
5. Matters concerning recommendation by the members of recommendation committee;
6. Other important matters concerning education determined by the articles of association.
(2) Necessary matters concerning the organization, the operation, etc. of the university deliberation committee shall be prescribed by the articles of association under the conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8545, Jul. 27, 2007]
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 Article 27 (Application Mutatis Mutandis of Civil Act)   print
The provisions of Articles 59 (2), 61, 62, 64 and 65 of the Civil Act shall apply mutatis mutandis to the chief director and directors of a school juristic person: Provided, That "other persons" in Article 62 of the Civil Act shall be construed as "other directors". <Amended by Act No. 8888, Mar. 14, 2008>
SECTION 4 Property and Accounting
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 Article 28 (Management and Protection of Property)   print
(1) Where every school juristic person intends to sell, donate or exchange basic property, use it for another purpose, give it as security, or bear any obligation, or waive any rights, he/she shall obtain permission from the competent agency: Provided, That insignificant matters prescribed by Presidential Decree shall be reported to the competent agency. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997>
(2) Such portion as determined by Presidential Decree of the property owned by the school juristic person and used directly for school education shall not be sold or given as security. <Amended by Act No. 1664, Nov. 10, 1964>
(3) Any right to collect tuition fees or other money due (referring to admission fees, school operating assistance expenses or dues for school supporting organization; hereinafter the same shall apply) referred to in Article 10 of the Elementary and Secondary Education Act and Article 11 of the Higher Education Act and deposit claims on revenues managed in a separate account pursuant to Article 29 (2) of this Act shall not be seized. <Newly Inserted by Act No. 5683, Jan. 21, 1999; Act No. 8888, Mar. 14. 2008>
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 Article 29 (Division of Accounts)   print
(1) The accounts of every school juristic person shall be divided into accounts belonging to the school which is established and operated by him/her, and accounts belonging to business of the juristic person.
(2) The accounts which belong to the school as referred to in paragraph (1), may be divided into accounts of the school expenses and accounts of a hospital in affiliation (limited to the cases where there exists a hospital in affiliation), and matters concerning revenue and expenditure of each account shall be determined by Presidential Decree, and tuition fees or other money due shall go to the revenues of school expenses and be managed in a separate account. <Amended by Act No. 5683, Jan. 21, 1999>
(3) The accounts which belong to business of the juristic person as referred to in paragraph (1), may be divided into accounts of the general business and accounts of the profit-making business as referred to in Article 6.
(4) The budget of the account that belongs to the school referred to in paragraph (2) shall be compiled by the head of the relevant school and it shall be confirmed by the deliberation and resolution of the board of directors after having consultation by the school operating committee or the university deliberation committee and then the budget thereof shall be executed by the head of the relevant school: Provided, That the budget of every kindergarten shall be compiled and executed by the head of every kindergarten. <Amended by Act No. 7802, Dec. 29, 2005>
(5) Deleted. <by Act No. 7802, Dec. 29, 2005>
(6) Revenues which belong to the accounts of the school expenses as referred to in paragraph (2) shall not be diverted or loaned to other accounts: Provided, That the same shall not apply to the cases where they are used for the repayment of the principal and interest of borrowings. <Amended by Act No. 8545, Jul. 27, 2007>
(7) Deleted. <by Act No. 8545, Jul. 27, 2007>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 30 (Fiscal Year)   print
The fiscal year of a school juristic person shall follow the school year of the private school established and operated by the school juristic person.
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 Article 31 (Submission of Budget and Settlement of Accounts)   print
(1) Every school juristic person shall report its budget to the competent agency and publish its budget before the commencement of every fiscal year, and report its settlement of accounts to the competent agency and publish its settlement after the end of every fiscal year under the conditions prescribed by Presidential Decree. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005>
(2) When the competent agency deems that the budget as referred to in paragraph (1) is compiled by violating the Acts and subordinate statutes, etc. related to accounting, the agency may guide the correction of such budget. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 8888, Mar. 14, 2008>
(3) The settlement of accounts belonging to the schools shall go through consultations of the school operating committee or the university deliberation committee after the end of every fiscal year: Provided, That the same shall not apply to kindergartens. <Newly Inserted by Act No. 4226, Apr. 7, 1990; Act No. 6004, Aug. 31, 1999; Act No. 7802, Dec. 29, 2005>
(4) When a school juristic person submits the report of settlement of accounts in accordance with paragraph (1), the competent agency shall require such school juristic person to attach an audit report to which all the auditors of the relevant school juristic person affix their signatures and seals and may request such school juristic person to attach an audit certificate issued by a certified public accountant or an accounting corporation independent of such school juristic person. <Newly Inserted by Act No. 5274, Jan. 13, 1997; Act No. 7802, Dec. 29, 2005>
(5) Necessary matters concerning the publication referred to in the provisions of paragraph (1), the scope of school juristic persons required to attach the audit certificate referred to in the provisions of paragraph (4) and the time for making the publication, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 7802, Dec. 29, 2005>
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 Article 32 (Preparation and Keeping of Property Inventory, etc.)   print
(1) School juristic persons shall prepare an inventory of property, a balance sheet, a statement of accounts on revenues and expenditures and other necessary account books and documents within two months after the completion of every fiscal year, and always keep them at their offices. <Amended by Act No. 5274, Jan. 13, 1997>
(2) The types and forms of account books and documents to be kept under paragraph (1) shall be determined by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
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 Article 33 (Accounting Regulations, etc.)   print
The accounting regulations of school juristic persons and other necessary matters concerning the budget and accounting shall be determined by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
SECTION 5 Dissolution and Merger
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 Article 34 (Reasons of Dissolution)   print
(1) A school juristic person shall be dissolved by any of the following reasons: <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
1. Occurrence of any of the causes for dissolution specified in the articles of association;
2. Impossibility of achievement of the objectives;
3. Merger with another school juristic person;
4. Bankruptcy;
5. Orders of dissolution issued by the Minister of Education, Science and Technology under Article 47.
(2) The dissolution under paragraph (1) 2 shall require the consent of two-thirds or more of the fixed members of the board of directors and approval of the Minister of Education, Science and Technology. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
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 Article 35 (Reversion of Residual Property)   print
(1) The residual property of a dissolved school juristic person shall, except for the cases of merger and bankruptcy, revert to the persons designated in the articles of association, when a report on completion of liquidation is made to the Minister of Education, Science and Technology. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(2) The property of the school juristic person which establishes and operates a college educational institution, among those not disposed of under paragraph (1), shall revert to the national treasury, and that of a school juristic person which establishes and operates a school prescribed in Article 4 (1) 1 to the relevant local government, respectively. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997>
(3) The State or local governments shall grant the property reverting to the national treasury or local governments under paragraph (2) to other school juristic persons as concession, gratuitous loan or subsidy for the purpose of supporting the education of private schools, or use them for other project for school. <Amended by Act No. 4226, Apr. 7, 1990>
(4) The property reverting to the national treasury under paragraph (2) shall be managed by the Minister of Strategy and Finance and those reverting to a local government, by the Superintendent of the Office of Education; if such property is to be disposed of under paragraph (3), while the Minister of Education shall obtain, in advance, the consent of the Minister of Education, Science and Technology; the Superintendent of the Office of Education, the consent of the Minister of Strategy and Finance. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 4347, Mar. 8, 1991; Act No. 5274, Jan. 13, 1997; Act No. 5982, May 24, 1999; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
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 Article 35-2 (Special Cases for Dissolution and Reversion of Residual Property)   print
(1) Where a school juristic person that establishes and operates various kinds of schools equivalent to or lower than high schools has difficulty in achieving the objectives thereof due to a sharp decrease in the number of students, it may be dissolved with authorization from the Superintendent of the Office of Education notwithstanding the provisions of Article 34 (1).
(2) Any school juristic person who intends to obtain authorization from the Superintendent of the Office of Education pursuant to paragraph (1) shall submit an application for dissolution accompanied by a disposal plan for residual property to the Superintendent of the Office of Education.
(3) The dissolution referred to in paragraph (1) and the disposal plan for residual property referred to in paragraph (2) shall be subject to the consent of two-thirds or more of the fixed number of members of the board of directors.
(4) The State or a local government may render supports falling under each of the following subparagraphs so as to have the school juristic persons which are dissolved under the provisions of paragraph (1) make a smooth dissolution: <Newly Inserted by Act No. 7118, Jan. 29, 2004>
1. Payment of grant for dissolution encouragement within the scope of less than 30/100 of the value of appraisal and assessment of basic properties retained by the school juristic person at the time of applying for authorization of dissolution;
2. Purchase of properties directly used for the school education from among the basic properties retained by the school juristic person at the time of applying for authorization of dissolution.
(5) A private school readjustment and examination committee shall be established under the Superintendent of the Office of Education in order to examine the matters on the dissolution of school juristic persons under paragraph (1), disposal of residual property thereof under paragraph (2), and financial supports under paragraph (4). <Amended by Act No. 7118, Jan. 29, 2004>
(6) The matters on the organization and operation of private school readjustment and examination committees referred to in paragraph (5) shall be prescribed by Presidential Decree. <Amended by Act No. 7118, Jan. 29, 2004>
(7) Any school juristic person dissolved pursuant to paragraphs (1) through (5) may, notwithstanding the provisions of Article 10 (4), have all or part of the residual property reverted to any person specified in the disposal plan for residual property referred to in paragraph (2) or contribute it as property for the establishment of public-service corporations referred to in Article 2 of the Act on the Establishment and Operation of Public-Service Corporations. <Amended by Act No. 7118, Jan. 29, 2004; Act No. 8888, Mar. 14. 2008>
[This Article Newly Inserted by Act No. 5345, Aug. 22, 1997]
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 Article 36 (Merger Procedure)   print
(1) If a school juristic person desires to merge with another school juristic person, the consent of two-thirds or more of the fixed number of members of the board of directors shall be required.
(2) The merger under paragraph (1) shall be subject to authorization of the Minister of Education, Science and Technology. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(3) If a school juristic person desires to obtain the authorization as referred to in paragraph (2), he/she shall submit an application for authorization accompanied by the articles of association of the school juristic person which are to remain after the proposed merger or to be established newly after the proposed merger, and other documents as prescribed by the Presidential Decree. <Amended by Act No. 1664, Nov. 10, 1964>
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 Article 37 (Merger Procedure)   print
(1) When a school juristic person has obtained approval under Article 36 (2), it shall prepare its property inventory and balance sheet within 15 days from the date of receiving a notice of approval.
(2) The school juristic person shall give a public notice within the period as prescribed in paragraph (1) that any creditor who has any objection to the proposed merger shall produce the objection within a fixed period, and a peremptory notice to the same effect shall be given separately to each of the creditors known to the school juristic person: Provided, That such period shall be not less than two months.
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 Article 38 (Merger Procedure)   print
(1) A creditor who fails to produce any objection to the proposed merger within the period as prescribed in Article 37 (2), shall be deemed to have given his/her consent to accept obligation of the school juristic person which is to remain after the merger or to be established through the merger.
(2) If a creditor has produced an objection within the period as prescribed in Article 37 (2), the school juristic person shall discharge that objection or furnish adequate security.
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 Article 39 (Merger Procedure)   print
In the event that a school juristic person is to be established through a merger, affairs concerning the articles of association and the establishment of the school juristic person shall be handled jointly by the persons selected and appointed by the respective school juristic persons concerned.
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 Article 40 (Effect of Merger)   print
The school juristic person which continues to exist after the merger or has come into existence in consequence of the merger, shall succeed to the rights and duties (including the rights and duties arising from approval of and dispositions made by the Minister of Education, Science and Technology concerning the businesses managed by the school juristic person concerned) of the school juristic person which ceased to exist in consequence of the merger. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
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 Article 41 (Time of Merger)   print
The merger of school juristic persons shall take effect when the school juristic person which continues to exist after the merger, or the school juristic person which comes into existence in consequence of the merger, has effected its registration at the seat of the principal office.
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 Article 42 (Application Mutatis Mutandis of Civil Act)   print
(1) The provisions of Articles 79 and 81 through 95 of the Civil Act shall apply mutatis mutandis to the dissolution and liquidation of school juristic persons: Provided, That the term "directors" in Article 79 of the Civil Act shall be construed as "chairman of the board of directors". <Amended by Act No. 1664, Nov. 10, 1964; Act No. 8888, Mar. 14. 2008>
(2) The provisions of Article 18 of this Act, and Articles 59 (2), 61, 62, 64 and 65 of the Civil Act shall apply mutatis mutandis to the liquidators of school juristic persons. <Amended by Act No. 8888, Mar. 14. 2008>
SECTION 6 Support and Supervision
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 Article 43 (Support)   print
(1) When the State or a local government recognizes the necessity of supporting private schools for the purpose of promotion of private school education, it may grant subsidies or render other forms of support to school juristic persons or private school support organizations which have applied for support in accordance with Presidential Decree or the Municipal Ordinance of the local government concerned. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990>
(2) The competent agency shall have the following authorities over the school juristic persons or private school support organizations which receive the support under paragraph (1) or Article 35 (3): <Amended by Act No. 1964, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990>
1. If it is necessary for rendering support, the agency may receive reports concerning the affairs or accounting status from such school juristic persons or private school support organizations;
2. If the budget of the school juristic person or the private school support organization concerned is recognized as improper from the point of view of rendering support, the agency may advise that the school juristic person concerned alter such budget.
(3) If the State or a local government has supported a school juristic person or private school support organization in accordance with paragraph (1) or Article 35 (3) and if the support has produced little tangible result and it is recognized as improper to continue such support or the school juristic person or private school support organization concerned does not follow the action taken by the competent agency under paragraph (2), the State or the local government may suspend the support thereafter. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990>
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 Article 43-2 Deleted.<by Act No. 3057, Dec. 31, 1977>   print
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 Article 44 (Preferential Support to Vocational Education)   print
In the event that the State or a local government desires to support school juristic persons under Article 43 (1) or 35 (3), it shall give priority to the school juristic persons that establish and operate vocational schools. <Amended by Act No. 4226, Apr. 7, 1990>
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 Article 45 (Alteration of Articles of Association)   print
Alteration of articles of association of school juristic persons shall require a decision made by the consent of two-thirds or more of the fixed number of the board of directors and approval of the Minister of Education, Science and Technology: Provided, That any matters on the administrative organization and the fixed numbers of the school juristic person and the school determined by the articles of association as prescribed in Article 70-2 (1) shall be decided and confirmed by the resolution of the board of directors and they shall be reported to the Minister of Education, Science and Technology. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8545, Jul. 27, 2007; Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 2775, Jul. 23, 1975]
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 Article 46 (Order of Suspension of Profit-Making Businesses)   print
If it is recognized that a school juristic person operating a profit-making businesses under Article 6 (1) falls under any of the following subparagraphs, the competent agency may order the school juristic person concerned to suspend such businesses: <Amended by Act No. 4226, Apr. 7, 1990>
1. If the school juristic person concerned has used profits resulting from the profit-making businesses for purposes other than the management of the private school established and operated by the school juristic person concerned;
2. If continuing such businesses interfere with the education of the private school established and operated by the school juristic person concerned.
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 Article 47 (Order of Dissolution)   print
(1) If the Minister of Education, Science and Technology deems that a school juristic person falls under any of the following subparagraphs, he/ he may order the school juristic person concerned to dissolve itself: <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
1. If the school juristic person has violated the conditions of establishment permission;
2. If it is impossible for the school juristic person to achieve its objectives.
(2) The order of dissolution of the school juristic person under paragraph (1) shall be given only when it is otherwise impossible to achieve the objective of supervision, or when the school juristic person fails to comply with a correction order given by the competent agency until six months elapse from the date such order is given. <Amended by Act No. 2587, Mar. 10, 1973; Act No. 4226, Apr. 7, 1990>
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 Article 47-2 (Hearing)   print
Where the Minister of Education, Science and Technology intends to dissolve a school juristic person pursuant to Article 47, he/she shall hold a hearing. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]
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 Article 48 (Collection, etc. of Reports)   print
If it is necessary for supervision, the competent agency may order the school juristic person or the private school support organization to submit reports, or may inspect account books or documents, or may order necessary measures therefor. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 4226, Apr. 7, 1990>
CHAPTER Ⅲ MANAGER OF PRIVATE SCHOOL
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 Article 49 Deleted.<by Act No. 6004, Aug. 31, 1999>   print
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 Article 50 (Change of Organization into School Juristic Person)   print
(1) Juristic foundations under the Civil Act among managers of private schools may change their organizations into a school juristic person. <Amended by Act No. 8888, Mar. 14. 2008>
(2) Deleted. <by Act No. 6004, Aug. 31, 1999>
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 Article 50-2 Deleted.<by Act No. 3057, Dec. 31, 1977>   print
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 Article 51 (Provisions Applicable Mutatis Mutandis)   print
The provisions of Articles 5, 28 (2), 29, 31 through 33, 43, 44, and 48 shall apply mutatis mutandis to managers of private schools: Provided, That the provisions of Articles 31 through 33 shall apply mutatis mutandis only to the part concerning private schools established and operated by them.
CHAPTER Ⅳ TEACHERS OF PRIVATE SCHOOLS
SECTION 1 Qualifications, Appointment, Dismissal and Duties
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 Article 52 (Qualifications)   print
With regard to the qualifications of teachers of private schools, the provisions concerning the qualifications of teachers of the national and public schools shall apply.
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 Article 53 (Appointment and Dismissal of Head of School)   print
(1) The heads of various levels of schools shall be appointed and dismissed by school juristic persons or managers of private schools who establish and operate the relevant schools. <Amended by Act No. 4226, Apr. 7, 1990>
(2) In cases where a school juristic person intends to dismiss the head of the college educational institution during his/her term of office in accordance with paragraph (1), it shall pass the resolution of the board of directors with the consent of two-thirds or more of the fixed number of directors. <Newly Inserted by Act No. 5274, Jan. 13, 1997>
(3) The terms of office for the heads of various levels of schools and the terms of office of the managers of private schools that are juristic persons shall be set by the articles of association and the terms of office of the managers of private schools who are private persons shall be set by the rules and the terms of office for them shall not exceed four years and they may be reappointed: Provided, That the head of an elementary school and a secondary school may be reappointed only once. <Amended by Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 53-2 (Appointment and Dismissal of Teachers other Than Heads of Schools)   print
(1) Teachers of various levels of schools shall be appointed and dismissed by the school juristic persons concerned or by the private school managers, in accordance with any of the following subparagraphs: <Amended by Act No. 4226, Apr. 7, 1990>
1. The appointment and dismissal of teachers of the private school that is established and operated by a school juristic person or a private school manager who is a juristic person, shall be decided by the board of directors upon the recommendation of the head of school concerned;
2. The appointment and dismissal of teachers of private school that is established and operated by a private school manager who is a private person, shall be carried out on the recommendation of the head of the school concerned.
(2) The power to appoint and dismiss teachers of the college educational institutions may be delegated to the heads of schools under the conditions as prescribed by the articles of association of the school juristic person concerned. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005>
(3) Teachers of the college educational institutions may be appointed by fixing contract terms such as term of office, salary, conditions of service, work and merit agreement on such terms and conditions as the articles of association of the school juristic person concerned may determine. In such cases, with respect to the term of office, the provisions concerning the term of office applying to faculty of national and public colleges shall apply mutatis mutandis. <Amended by Act No. 6004, Aug. 31, 1999>
(4) Where the term of office for teachers appointed pursuant to paragraph (3) expires, the person who has the power to appoint and dismiss shall notify (referring to the notification in writing; hereafter in this Article the same shall apply) the teachers concerned of the fact that the term of office will expire and they are eligible to apply for reappointment deliberation, not later than four months before the term of office expires. <Amended by Act No. 7352, Jan. 27, 2005>
(5) Where the teachers who are notified pursuant to paragraph (4) intend to be reappointed, they shall apply for reappointment deliberation to the person who has the power to appoint and dismiss within 15 days from the date when they are so notified. <Newly Inserted by Act No. 7352, Jan. 27, 2005>
(6) The person who is requested to deliberate upon reappointment pursuant to paragraph (5) shall decide on whether to reappoint the teachers concerned after going through reappointment deliberation by the teachers' personnel committee under Article 53-3 and then shall notify the teachers concerned of the contents of the decision not later than two months before the term of office expires. In such cases, if he/she decides not to reappoint the teachers concerned, he/she shall specify in the notice the purport of and the reasons for refusing the reappointment. <Newly Inserted by Act No. 7352, Jan. 27, 2005>
(7) Where the teachers' personnel committee deliberates upon whether to reappoint the teachers concerned under paragraph (6), it shall do so on a basis of the objective grounds stipulated in school regulations including the results of appraising the following matters. In such cases, the teachers concerned shall be given, in the process of such deliberation, the opportunity to attend the teachers' personnel committee and state their opinions or to submit their opinions in writing on the date designated with a preparatory period of at least 15 days given: <Newly Inserted by Act No. 7352, Jan. 27, 2005>
1. Matters relating to the education of students;
2. Matters relating to academic researches;
3. Matters relating to the guidance of students.
(8) The teachers who are dissatisfied with the disposition of refusing their re-appointment may lay their cases before the Appeal Commission for Teachers under Article 7 of the Special Act on the Improvement of Teachers' Status for further deliberation within 30 days after they become aware of such disposition. <Newly Inserted by Act No. 7352, Jan. 27, 2005; Act No. 8888, Mar. 14. 2008>
(9) The new employment of teachers of various levels of schools lower than high schools shall be made on the basis of the public screening, and the qualification requirements necessary to perform duties and matters necessary to conduct the public screening shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 7802, Dec. 29, 2005>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 53-3 (Teachers’ Personnel Committee)   print
(1) In order to deliberate on important matters concerning the personnel affairs, including appointments and dismissals, etc, of teachers (excluding the heads of schools) of various kinds of schools (excluding elementary schools, high technical schools, civic schools, high civic schools, kindergartens and various schools equivalent to them), the teachers’ personnel committee shall be established in the schools concerned. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5069, Dec. 29, 1995; Act No. 6121, Jan. 28, 2000; Act No. 7802, Dec. 29, 2005>
(2) Necessary matters concerning organization, function and operation of the teachers’ personnel committee shall be determined by the articles of association in cases of school juristic persons and managers of private schools who are juristic persons, and by the regulations in case of private school managers who are private persons. <Amended by Act No. 4226, Apr. 7, 1990>
[This Article Newly Inserted by Act No. 3373, Feb. 28, 1981]
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 Article 53-4 (Application Mutatis Mutandis of Provisions on Faculty of National and Public Colleges)   print
The provisions of Article 11 (4), (5) and (6) of the Public Educational Officials Act shall apply mutatis mutandis to the appointment of teachers of college educational institutions other than heads of schools. <Amended by Act No. 8888, Mar. 14, 2008>
[This Article Newly Inserted by Act No. 6004, Aug. 31, 1999]
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 Article 54 (Report on Appointment and Dismissal, and Request for Discharge, etc.)   print
(1) If the persons who are authorized to appoint and dismiss teachers of various kinds of schools, appoint or dismiss teachers (except in cases where the head of a school is dismissed due to expiration of the term of office), they shall make a report thereof to the competent agency within seven days from the date of appointment or dismissal. <Amended by Act No. 4226, Apr. 7, 1990>
(2) Deleted. <by Act No. 4226, Apr. 7, 1990>
(3) When teachers of private schools fall under the grounds for discharge or for disciplinary punishment as prescribed in this Act, the competent agency may demand the persons who have the authority to appoint and dismiss the relevant teachers to discharge or discipline them. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5438, Dec. 13, 1997>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 54-2 (Request for Dismissal)   print
(1) When the head of every kind of school falls under any of the following subparagraphs, the competent agency may make a request for a dismissal of the head of the school concerned to the person who is authorized to appoint and dismiss him/her. In such cases, the person who is authorized to appoint and dismiss shall comply with such request for dismissal unless any special grounds exist to the contrary: <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005>
1. When he/she falls under any of subparagraphs of Article 58 (1);
2. When he/she violates the education-related Acts and fails to execute the orders issued under such Acts in connection with his/her authority concerning admission (including transfer), lectures and seminars, and graduation;
3. When he/she violates this Act or an order issued pursuant to this Act or other education-related Acts and subordinate statutes;
4. When he/she commits an unjust or unusually unfair acts concerning the execution of accounts which belong to the school.
(2) The request for dismissal under paragraph (1) shall be made only when the school juristic person or a manager of the relevant private school has not responded to a request of competent agency for correction with the reason specified, even after 15 days have elapsed from the date of request. <Amended by Act No. 4226, Apr. 7, 1990>
[This Article Newly Inserted by Act No. 1664, Nov. 10, 1964]
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 Article 54-3 (Restrictions on Appointment)   print
(1) Anyone who falls under any of the following subparagraphs, shall not be appointed as the head of any school: <Amended by Act No. 3458, Nov. 23, 1981; Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 7802, Dec. 29, 2005; Act No. 8888, Mar. 14, 2008>
1. One for whom five years have not elapsed from the date, approval of his/her taking office was revoked under Article 20-2;
2. One for whom three years have not elapsed from the date he/she was dismissed upon a request for dismissal under Article 54-2;
3. One for whom five years have yet to lapse from the date he/she was dismissed pursuant to the provisions of Article 61;
4. One who falls under any subparagraph of Article 33 of the State Public Officials Act.
(2) When anyone who falls under paragraph (1) 1 through 3 and for whom the period during which his/her selection and appointment is restricted has elapsed intends to take office as the head of any school, he/she is required to obtain the consent of not less than two-thirds of the directors on the roster. <Newly Inserted by Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
(3) The chief director of any school juristic person and anyone who is related with the person falling under each of the following subparagraphs shall be prohibited from being appointed to the head of the school that has been established and operated by the relevant school juristic person: Provided, That the same shall not apply to those who obtain the consent from not less than two-thirds of the fixed number of directors and approval of the competent agency: <Newly Inserted by Act No. 7802, Dec. 29, 2005; Act No. 8545, Jul. 27, 2007>
1. The spouse;
2. The lineal ascendant and the lineal descendant and their spouses.
(4) Anyone who falls under the provisions of paragraph (1) 4 shall be prohibited from being appointed as a teacher. <Newly Inserted by Act No. 7802, Dec. 29, 2005>
(5) Anyone who was dismissed or discharged for the reasons falling under any of the following subparagraphs while he/she was in office as a teacher under this Act or a teacher of a national or a public school may not be appointed as a teacher of various kinds of schools equivalent to or lower than high schools: Provided, That the same shall not apply to the cases where the teachers' disciplinary committee under Article 62 resolves by considering the level of reflection, etc. of the relevant teacher that he/ she may perform his/her duty as a teacher: <Newly Inserted by Act No. 8888, Mar. 14, 2008>
2. Receipt of money and valuables;
3. Imprudent act related to the grades of students such as leakage of test papers and manipulation of grades;
4. Physical violence to students.
(6) The resolution of the teachers' disciplinary committee pursuant to the proviso to paragraph (5) shall require the attendance of two-thirds or more of all the incumbent members and the consent of a majority of those present. <Newly Inserted by Act No. 8888, Mar. 14, 2008>
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 54-4 (Term Teachers)   print
(1) Anyone who is authorized to appoint and dismiss teachers of various kinds of schools may appoint teachers who work for a fixed period (hereinafter referred to as "term teachers") from among those holding teachers' licenses where any cause falling under the following occurs. In such cases, the person who is authorized to appoint and dismiss may delegate the authority to the head of a school under the conditions as determined by the articles of association of the school juristic person: <Amended by Act No. 5345, Aug. 22, 1997; Act No. 7354, Jan. 27, 2005; Act No. 8888, Mar. 14. 2008>
1. Where it is inevitable to supplement a successor as a teacher takes temporary layoff for any cause falling under any of subparagraphs of Article 59 (1);
2. Where it is inevitable to supplement a successor as a teacher is unable to be engaged in his/her duties due to a dispatch, training, suspension from office, cancellation of official position or holidays, etc. for not less than one month;
3. Where it is impossible to appoint a successor as a teacher removed, discharged or dismissed makes a request for appeal review to the Appeal Commission for Teachers under Article 9 (1) of the Special Act on the Improvement of Teachers' Status;
4. Where it is needed to appoint a teacher to teach a particular subject temporarily.
(2) The provisions of Articles 56, 58 (2), 58-2, 59, 61 through 64, 64-2, 65, 66 and 66-2 shall not apply to term teachers, and they shall retire from office ipso facto at the expiration of term of appointment. <Amended by Act No. 5345, Aug. 22, 1997; Act No. 5454, Dec. 13, 1997>
(3) The term of appointment for term teachers shall be less than one year, and it may be extended within the extent of three years. <Newly Inserted by Act No. 5345, Aug. 22, 1997>
[This Article Newly Inserted by Act No. 4226, Apr. 7, 1990]
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 Article 55 (Duties)   print
The provisions concerning the duties of the teachers of national and public schools shall apply mutatis mutandis to the duties of the teachers of private schools.
SECTION 2 Status and Social Security
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 Article 56 (Prohibition of Temporary Layoff and Dismissal from Office Contrary to One’s Will)   print
(1) No teacher of a private school shall be subject to such unfavorable treatment as layoff or dismissal from office, etc. against his/her will except by sentence of penalty, disciplinary action or other reason as determined by this Act: Provided, That the same shall not apply when he/she has been abolished from office or when excessive numbers of teachers result from the alteration and abolition of school classes and subjects. <Amended by Act No. 4226, Apr. 7, 1990>
(2) No teacher of private school shall be subject to any advice to resign.
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 57 (Reason for Retirement)   print
If the teacher of any private school falls under any of subparagraphs of Article 33 (1) of the State Public Officials Act, he/she shall be retired ipso facto from office. <Amended by Act No. 5438, Dec. 13, 1997; Act No. 8888, Mar. 14. 2008>
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 Article 58 (Reasons for Dismissal from Office)   print
(1) When the teacher of any private school falls under any of the following subparagraphs, a person having the authority to appoint and dismiss the teacher may dismiss him/her from office: <Amended by Act No. 3057, Dec. 31, 1977; Act No. 3373, Feb. 28, 1981; Act No. 7802, Dec. 29, 2005>
1. When he/she is unable to fulfill his/her duties for one or more years on account of physical or mental incapability;
2. When his/her service record is extremely poor;
3. When he/she joins an organization which aims to destroy the Government and aids it;
4. When he/she participates in a political movement, or refuses lectures and seminars in a group, or guides and agitates the students to support or to oppose a political party;
5. When he/she gives unlawful grade or recordings, or makes a false attestation or statement in the student record.
(2) In the case of dismissal of a teacher from office on the ground of the reasons as specified in paragraph (1) 2 through 5, the consent of the teachers’ disciplinary committee pursuant to the provisions of Article 62 shall be obtained.
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 Article 58-2 (Dismissal from Office)   print
(1) If teachers of any private school falls under any of the following subparagraphs, the person who is authorized to appoint and dismiss teachers, may assign no position to him/her: <Amended by Act No. 5274, Jan. 13, 1997>
<Delete the proviso to this paragraph, which was decided to be unconstitutional by the Constitutional Court on July 29, 1994 in accordance with Act No. 5274 amended January 13, 1997>
1. Person who lacks ability to perform his/her duties, or whose performance record is extremely poor, or whose working attitude as a teacher is very unfaithful;
2. Person against whom a decision on disciplinary action is requested; and
3. Person prosecuted for a criminal case (excluding those against whom a summary order is requested).
(2) In cases where no position is assigned under paragraph (1), if the cause thereof is extinguished, the person who is authorized to appoint and dismiss, shall assign the position without delay.
(3) The person who is authorized to appoint and dismiss, shall order a waiting to any person who is dismissed from his/her position under paragraph (1) 1 for a period not exceeding three months.
(4) With respect to a person who receives an order of waiting under paragraph (3), the person who is authorized to appoint and dismiss him/ her, shall take any necessary measure such as training for restoring ability or improving attitude, or assignment of special research task, etc.
(5) If the causes for dismissal from position as referred to in paragraph (1) 1 and 2 or 3 are concurred against a teacher of a private school, the disposition of dismissal from position as referred to in subparagraph 2 or 3 shall be taken.
[This Article Wholly Amended by Act No. 4226, Apr. 7, 1990]
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 Article 59 (Reasons for Temporary Layoff)   print
(1) If a teacher of a private school desires to take temporary layoff by the reason falling under any of the following subparagraphs, the person who is authorized to appoint and dismiss the teacher may order him/her to retire temporarily from office: Provided, That in cases of subparagraphs 1 through 4 and 11, the person who is authorized to appoint and dismiss the teacher shall order him/her to take temporary layoff against his/her will, and in cases of subparagraph 7, the person who is authorized to appoint and dismiss the teacher shall order him/her to take temporary layoff if he/she wants to do so: <Amended by Act No. 4226, Apr. 7, 1990; Act No. 4268, Dec. 27, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6212, Jan. 28, 2000; Act No. 6400, Jan. 29, 2001; Act No. 8529, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 8888, Mar. 14, 2008>
1. Where he/she is required to have a long term medical care due to any physical or mental disability;
2. Where he/she is drafted or called for military service under the Military Service Act;
3. Where it is unknown whether he/she is alive or dead, or the where about the person is unknown due to natural disasters, wartime or calamity or other causes;
4. Where he/she deserts his/her duties for fulfilling other duties as prescribed in other Acts;
5. Where he/she studies overseas for the purpose of taking a degree, or does any research and training in foreign country for one or more years;
6. Where he/she is temporarily employed by an international organization, a foreign institution, a domestic or a foreign university or a research institute, a State organization, an overseas national education institution (refers to overseas national education institutions under subparagraph 2 of Article 2 of the Act on the Educational Support, etc. for Korean Nationals Residing Abroad) or a civil organization determined by the articles of association;
7. Where it is necessary to raise a child at the age of full six or younger and not attending an elementary school or a female teacher becomes pregnant or delivers a baby;
8. Where he/she takes training in a domestic research institute or an educational institute, etc. designated by the Minister of Education, Science and Technology;
9. Where it is necessary for the nursing for parents, spouse, children or parents of the spouse who need a long term medical care owing to an accident or disease, etc.;
10. Where a spouse needs to work in a foreign country or becomes to fall under subparagraph 5;
11. Where he/she works full-time for a teachers' union under the provisions of Article 5 of the Act on the Establishment and Operation of Teachers' Unions;
12. Where there exist other reasons designated by the articles of association.
(2) The period of temporary layoff from office under paragraph (1), and the status and treatment of those who have taken temporary layoff, shall be determined by the articles of association (in cases of a private school manager, the regulations concerning status guarantee and disciplinary punishment of the teachers determined by the manager; hereinafter the same shall apply).
(3) The person who is authorized to appoint or dismiss the teacher shall not make unfavorable treatment with respect to the service conditions of the teacher on the grounds of his/her temporary retirement under the provisions of paragraph (1) 7, and the period of temporary retirement referred to in paragraph (1) 7 shall be counted in the length of his/her service. <Newly Inserted by Act No. 6121, Jan. 28, 2000>
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 Article 60 (Teacher’s Privilege From Arrest)   print
The teacher of a private school shall not be arrested in the school without the consent of the head of a school to which he/she belongs, except in case of flagrant offender.
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 Article 60-2 (Social Security)   print
(1) When the teachers and clerical personnel of private schools suffer from diseases, injuries, incurable diseases, retirement, death or calamities, the proper allowances shall be paid to them or their bereaved family under the conditions as prescribed by Act. <Amended by Act No. 3057, Dec. 31, 1977>
(2) The following matters shall be prescribed in the Acts as referred to in paragraph (1):
1. Matters concerning a payment of pension or lump-sum allowance to the persons concerned or their bereaved family in the case that they retire or die after service for a considerable period;
2. Matters concerning a payment of pension or compensation money to the persons concerned or their bereaved family in the case that they die or retire due to an injury or disease occurred in the course of fulfilling their duties;
3. Matters concerning the compensation for losses which the persons concerned have sustained in the case that their ability to earn income has been impeded during their period of recuperation due to injury or disease occurred in the course of fulfilling their duties;
4. Matters concerning payment of allowances for death, incurable disease, injuries, disease, delivery and other accidents not occurring in the course of their duties.
[This Article Newly Inserted by Act No. 2649, Dec. 20, 1973]
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 Article 60-3 (Honorable Retirement)   print
(1) If a private school teacher who has served continuously for 20 or more years, retires voluntarily before he/she reaches the retirement age, he/ she may receive the honorable retirement allowance in the limit of the budget.
(2) The range of those who are to be paid the honorable retirement allowance as referred to in paragraph (1), the amount and procedure of payment thereof, and other necessary matters shall be determined by the articles of association.
[This Article Newly Inserted by Act No. 4226, Apr. 7, 1990]
SECTION 3 Disciplinary Punishment
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 Article 61 (Causes and Kinds of Disciplinary Punishment)   print
(1) When a teacher of a private school falls under any of the following subparagraphs, the person who has the authority to appoint and dismiss the teacher concerned, shall demand a decision of disciplinary punishment and shall carry out the disciplinary action according to the result of the disciplinary decision:
1. When he/she commits an act contrary to the teacher’s duties in violation of this Act and other education-related Acts and subordinate statutes;
2. When he/she is in violation of his/her official duties or is negligent of his/her duties;
3. When he/she commits an act which damages the dignity of a teacher whether he/she is on or off duty.
(2) Disciplinary punishment shall be divided into removal from office, dismissal, suspension from office, reduction of salary and reprimand. <Amended by Act No. 3812, May 9, 1986>
(3) Suspension from office shall be for a period of one to three months, and a person who is subject to a disposition of suspension from his/her office, may retain his/her status during such a period, but he/she may not perform his/her duties, and his/her remuneration shall be reduced by a two-thirds majority. <Newly Inserted by Act No. 3812, May 9, 1986>
(4) Reduction of salary means reducing the salary concerned by onethird for a period of one to three months. <Amended by Act No. 3812, May 9, 1986>
(5) Reprimand means admonishing the person concerned of his/her errors and causing him/her to repent of such errors.
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 62 (Establishment of Teachers’ Disciplinary Committee)   print
(1) In order to make deliberation and decision on disciplinary cases of private school teachers and the matters on the appointment of teachers pursuant to the proviso to other than subparagraphs of Article 54-3 (5), the teachers’ disciplinary committee shall be established in the school juristic persons, managers of private schools and the relevant schools according to the category of person who has the authority to appoint and dismiss: Provided, That the disciplinary cases of private kindergarten teachers shall be deliberated and decided by the educational officials’ disciplinary committee established pursuant to Article 50 of the Public Educational Officials Act. <Amended by Act No. 6004, Aug. 31, 1999; Act No. 8888, Mar. 14, 2008>
(2) The teachers’ disciplinary committee as referred to in paragraph (1) shall be comprised of five to nine members, and the members shall be appointed by the relevant school juristic person or a private school manager from among teachers of the school concerned or directors of the school juristic person concerned: Provided, That in cases of a school juristic person, the number of the members who are directors of the relevant school juristic person shall not exceed a half of the total number of the members. <Newly Inserted by Act No. 4226, Apr. 7, 1990; Act No. 7802, Dec. 29, 2005>
(3) Necessary matters concerning the organization, authority and deliberation procedure, etc. of the teachers’ disciplinary committee shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 63 (Causes of Exclusion)   print
When a member of the teachers’ disciplinary committee examines his/her own disciplinary case, or he/she is related by blood with the person subject to a disciplinary action, he/she shall not participate in the trial of the disciplinary action concerned.
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 Article 64 (Request for Disciplinary Decision)   print
When a teacher of a private school falls under any of the causes of disciplinary punishment provided for in Article 61 (1), a person who has the authority to appoint and dismiss the teacher of a private school, shall first make a thorough investigation, in advance, and thereafter shall request the competent teachers’ disciplinary committee to make a disciplinary decision.
[This Article Wholly Amended by Act No. 3373, Feb. 28, 1981]
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 Article 64-2 (Notification of Reason for Request for Disciplinary Decision)   print
When the person who is authorized to request a disciplinary decision, requests a disciplinary decision under Article 64, he/she shall send to the person who is the object of the disciplinary action, an explanatory note specifying the disciplinary cause at the same time as the request for disciplinary decision.
[This Article Newly Inserted by Act No. 4226, Apr. 7, 1990]
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 Article 65 (Fact-Finding and Stating Opinions)   print
(1) In trying a disciplinary case, the teachers’ disciplinary committee shall investigate the actual facts of the case and shall hear the statements of person concerned before the committee makes a decision: Provided, That this provision shall not apply when he/she does not comply with summons issued twice or more in writing. <Amended by Act No. 1664, Nov. 10, 1964>
(2) If it is deemed necessary, the teachers’ disciplinary committee may request persons concerned to attend the committee proceedings and hear their opinions.
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 Article 66 (Decision on Disciplinary Action)   print
(1) When a teachers’ disciplinary committee has decided upon a disciplinary action as a result of the trial, the committee shall prepare a written disciplinary decision which contains formal adjudication and reasons therefor, and shall notify it to the person who has the authority of appointment.
(2) When the person who has the authority of appointment, has been notified of the decision under paragraph (1), he/she shall take the disciplinary action according to the contents of the written decision within 15 days from the date of notification. In such cases, the person who has the authority of appointment, shall deliver to the teacher concerned the written decision in which the reason of disciplinary disposition is stated. <Amended by Act No. 6004, Aug. 31, 1999>
(3) The disciplinary decision under paragraph (1) shall require the attendance of two-thirds or more of all registered members of the committee and the consent of a majority of all members. <Amended by Act No. 4226, Apr. 7, 1990>
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 Article 66-2 (Prescription of Disciplinary Causes)   print
(1) If two years (three years in cases where goods, money and entertainment are given and taken and the public fund is embezzled and misappropriated) have passed after a disciplinary cause occurs, no request for the disciplinary decision shall be made. <Amended by Act No. 7802, Dec. 29, 2005>
(2) If the Appeal Commission for Teachers under the Special Act on the Improvement of Teachers' Status or a court has decided a nullity or revocation of a disciplinary action for any defect in the composition of the disciplinary committee, disciplinary decision, procedure or any excess of disciplinary penalty, the disciplinary decision may be requested again within three months after such decision becomes definite, even though the period as referred to in paragraph (1) expires, or the remaining period is less than three months. <Amended by Act No. 5274, Jan. 13, 1997; Act No. 7354, Jan. 27, 2005; Act No. 8888, Mar. 14. 2008>
[This Article Newly Inserted by Act No. 4226, Apr. 7, 1990]
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 Article 67 (Special Cases for Foreigners' School)   print
The provisions of Articles 52 through 66-2 shall not be applicable to a foreigners' school under Article 60-2 of the Elementary and Secondary Education Act. <Amended by Act No. 8888, Mar. 14, 2008>
[This Article Newly Inserted by Act No. 6715, Aug. 26, 2002]
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 Articles 67-2 through 69 Deleted.<by Act No. 4376, May 31, 1991>   print
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
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 Article 70 (Report and Investigation, etc.)   print
The competent agency may make investigations into the education of private schools, ask a private school to submit a report on statistics and other necessary matters, and cause a subordinate public official to inspect account books and other documents or make an investigation into the status of education execution. <Amended by Act No. 4226, Apr. 7, 1990>
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 Article 70-2 (Clerical Organization and Personnel)   print
(1) School juristic persons or managers of private schools shall establish a clerical organization necessary for handling their affairs and those of schools which they establish and operate, and the matters concerning establishment and operation of such organization, and fixed number, appointment, dismissal, remuneration, service and status security of clerical personnel shall be determined by the articles of association, in cases of school juristic persons or managers of private schools who are juristic persons, and by regulations, in cases of managers of private schools who are individuals. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 6004, Aug. 31, 1999>
(2) Clerical personnel belonging to all kinds of schools shall be appointed and dismissed by the school juristic person or a private school manager upon the proposal of the head of the school. <Amended by Act No. 4226, Apr. 7, 1990>
[This Article Newly Inserted by Act No. 2961, Dec. 31, 1976]
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 Article 71 (Delegation of Authority)   print
The Minister of Education, Science and Technology may delegate a part of his/her authority provided for in this Act to the Superintendent of the Office of Education. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 5274, Jan. 13, 1997]
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 Article 72 Deleted.<by Act No. 6212, Jan. 28, 2000>   print
CHAPTER Ⅵ PENAL PROVISIONS
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 Article 73 (Penal Provisions)   print
If the chairman of the board of directors of a school juristic person or a manager of a private school (in case of a juristic person, its representative or director) falls under any of the following subparagraphs, he/she shall be punished by imprisonment for not more than two years or a fine not exceeding 20 million won: <Amended by Act No. 3373, Feb. 28, 1981; Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999>
1. In case of continuing the business against the order of the competent agency under Article 46;
2. In case of violating the provisions of Article 28 (including the cases applied mutatis mutandis by Article 51);
3. Deleted; <by Act No. 3373, Feb. 28, 1981>
4. In case of violating the order of the competent agency under Article 48 (including the cases applied mutatis mutandis by Article 51).
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 Article 73-2 (Penal Provisions)   print
If the chairman of a school juristic person or a private school manager (in case of a juristic person, the representative or director), or the head of college educational institution infringes upon the provisions of Article 29 (6) (including the case applied mutatis mutandis by Article 51), he/ she shall be punished by imprisonment for not more than two years or a fine not exceeding 20 million won. <Amended by Act No. 4226, Apr. 7, 1990; Act No. 5274, Jan. 13, 1997>
[This Article Newly Inserted by Act No. 3373, Feb. 28, 1981]
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 Article 74 (Fine for Negligence)   print
(1) If the chairman of the board of directors, the auditor or liquidator of a school juristic person or the manager of a private school (in case of a juristic persons, its representative or director) falls under any of the following subparagraphs, he/she shall be punished by a fine for negligence not exceeding five million won: <Amended by Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999; Act No. 8888, Mar. 14. 2008>
1. Where he/she fails to effect registration under this Act;
2. Where he/she fails to make a public announcement under Article 6 (3) or makes a public announcement in falsity or with some omission;
3. Where he/she fails to keep the property inventory under Article 55 (1) of the Civil Act applied mutatis mutandis by Article 13 or the property inventory and other documents under Articles 32 (including the cases applied mutatis mutandis by Article 51) and 377 (1) or makes false or omissive statements therein;
4. Where he/she fails to make a report under Article 19 (4) 3, or 48 (including the cases applied mutatis mutandis by Article 51), or makes a false or omissive report;
5. Where he/she violates the provisions of Articles 31 (including the cases applied mutatis mutandis by Article 51), 37 (2) or 38 (2);
6. Where he/she fails to make the request for adjudication of bankruptcy under Article 79 or 93 (1) of the Civil Act applied mutatis mutandis by Article 42;
7. Where he/she fails to make a public announcement under Article 88 (1) or 93 (1) of the Civil Act applied mutatis mutandis by Article 42, or makes a false or omissive public announcement;
8. Where he/she fails to make a report under Article 86 or 94 of the Civil Act applied mutatis mutandis by Article 42 or makes unfaithful report;
9. Where he/she violates the provisions of Article 90 of the Civil Act applied mutatis mutandis by Article 42.
(2) If a person who is authorized to appoint and dismiss the private school teachers, fails to make a report under Article 54 (1), or makes a false report, he/she shall be punished by a fine for negligence not exceeding five million won. <Amended by Act No. 4376, May 31, 1991; Act No. 5274, Jan. 13, 1997; Act No. 6004, Aug. 31, 1999>
(3) The fine for negligence as referred to in paragraphs (1) and (2) shall be imposed and collected by the competent agency under the conditions prescribed by Presidential Decree.
(4) Any person who is dissatisfied with a disposition of fines for negligence under paragraph (3), may raise an objection to the competent agency within 30 days after he/she is informed of the disposition.
(5) If a person who is subject to a disposition of fines for negligence under paragraph (3), raises an objection under paragraph (4), the competent agency shall notify it, without delay, to the competent court, which shall, upon receiving the notification, bring the case of the fine for negligence to the trial under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 8888, Mar. 14, 2008>
(6) If no objection is made and no fine for negligence is paid within the period referred to in paragraph (4), it shall be collected according to examples of disposition of national or local taxes in arrears in conformity with the jurisdiction.
[This Article Wholly Amended by Act No. 4226, Apr. 7, 1990]
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 Article 74-2 Deleted.<by Act No. 4226, Apr. 7, 1990>   print
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Transitional Measures)
(1) An incorporated foundation as provided for in the Civil Act, which establishes and is operating the private schools under Article 3, at the time of the enforcement of this Act, shall alter its organization into that of school juristic persons within six months from the enforcement date of this Act: Provided, That the Minister of Education may extend the period to December 31, 1966 with respect to such incorporated foundation foundations as recognized being unable to alter its organization within six months due to unavoidable circumstances, and may, regardless of Article 3 of this Act, allow the operation of the private school with respect to such incorporated foundations as recognized being unable to change its organization due to special circumstances. In this case, the provisions of this Act concerning the school juristic person shall apply mutatis mutandis to the incorporated foundations in preference to other Acts and subordinate statutes, and the provisions concerning the private school of this Act shall apply mutatis mutandis to the schools which are established and operated by such foundation. <Amended by Act No. 1664, Nov. 10, 1964; Act No. 1735, Dec. 30, 1965; Act No. 1869, Jan. 16, 1967>
(2) The provisions of Articles 50 (2) and 50-2 shall apply mutatis mutandis in case an incorporated foundation is to alter its organization to a school juristic person in accordance with the provisions of paragraph (1). <Amended by Act No. 1621, Dec. 16, 1963>
(3) In the case as referred to in paragraph (2), if the articles of association provides that alteration in the articles of association shall require the decision of the organization of the incorporated foundation and the board of directors, and if all the members or a majority of the members of the board of directors of the incorporated foundation concerned are temporary directors, it may be possible for the incorporated foundation concerned to alter the articles of association for the purpose of altering it into a school juristic person, without the decision of any organization other than the board of directors.
(4) In a case where an incorporated foundation has been altered into a school juristic person under paragraph (1), the dispositions taken by the Minister of Education toward the incorporated foundation before the enforcement of this Act shall be deemed to be taken toward the reorganized school juristic person, unless such dispositions conflict with this Act.
(5) In a case where an incorporated foundation has been altered into a school juristic person, the officers of the foundation existing before the reorganization shall remain as the officers of the school juristic person for the remaining period: Provided, That if the remaining period is more than five years, it shall be deemed that their terms of office shall expire on the date when five years elapse from the date of enforcement of this Act.
(6) In a case where an incorporated foundation became a school juristic person by reorganization, the former obligations resulted from operation of a school by such foundation shall be taken over inclusively by the reorganized school juristic person. <Newly Inserted by Act No. 1664, Nov. 10, 1964>
Article 3 (Transitional Measures)
The teachers who are in office of private schools at the time of the enforcement of this Act, shall be deemed to have been appointed under this Act.
Article 4 Deleted.
ADDENDUM<Act No. 1621, Dec. 16, 1963>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 1664, Nov. 10, 1964>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The provisions of Article 50-2 (2) shall apply on July 25, 1963.
ADDENDUM<Act No. 1735, Dec. 30, 1965>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 1869, Jan. 16, 1967>
This Act shall enter into force on January 1, 1967.
ADDENDUM<Act No. 2396, Dec. 28, 1972>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 2587, Mar. 10, 1973>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 2649, Dec. 20, 1973>
This Act shall enter into force on January 1, 1974.
ADDENDA<Act No. 2775, Jul. 23, 1975>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The teachers who are in office at colleges or universities (including normal colleges of education and junior colleges) at the time of the enforcement date of this Act shall be reappointed pursuant to the provisions of Article 53-2 on the last day of February 1976.
ADDENDA<Act No. 2961, Dec. 31, 1976>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Presentation of Articles of Association, etc.) School juristic persons or the private school managers as of the enforcement date of this Act shall determine the articles of association or regulations as prescribed in Article 70-2, and present them to the supervisory government agency within six months from the enforcement date of this Act.
ADDENDA<Act No. 3057, Dec. 31, 1977>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the provisions concerning junior colleges shall enter into force on January 1, 1979.
(2) (Transitional Measures) With respect to a person who has been subject to disciplinary action at the time of promulgation of this Act, action of suspension from office shall be deemed as action of reduction in salary for six months, and action of disciplinary confinement, as a disposition of reprimand.
(3) (Transitional Measures) Vocational junior colleges, high technical schools and technical schools established pursuant to the previous provisions at the time of the promulgation of this Act shall be reorganized as junior colleges or every kind of school equivalent to those and shall obtain the approval of the Minister of Education by the period as determined by the Presidential Decree.
(4) (Transitional Measures) The teachers who are in office at vocational junior colleges to be reorganized as junior colleges or every kind of school equivalent to those pursuant to the provisions of paragraph (3) of Addenda at the time of promulgation of this Act shall be deemed to be appointed as the teachers of the reorganized schools concerned, but their terms of office shall follow the previous examples.
(5) (Transitional Measures) The teachers who are in office at the high technical schools and technical schools which exist at the time of promulgation of this Act, and which is to be reorganized as junior colleges under paragraph (3) of Addenda, shall be reappointed pursuant to the provisions of Article 53-2 on the last date on February 1979.
ADDENDUM<Act No. 3114, Dec. 5, 1978>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 3373, Feb. 28, 1981>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Teachers) Teachers (excluding the head of schools) and clerical personnel who serve at the college or university educational organizations at the time of enforcement of this Act, shall be deemed to be appointed by the head of schools concerned.
(3) (Transitional Measures concerning Disciplinary Action on Teachers) Any disciplinary action or request for review pending in the teachers’ disciplinary committee and review committee at the time of enforcement of this Act shall apply the previous provisions.
(4) (Transitional Measures concerning Restrictions on Appointment of Head of Schools) Notwithstanding the provisions of Article 54-3 (2), a person who is in office as the head of junior college at the time of enforcement of this Act may hold office until he is dismissed from his office.
(5) (Transitional Measures concerning Restrictions on Appointment of Head of Schools) Notwithstanding the provisions of Article 54-3 (1) 3, a person who is in office as the head of private school at the time of enforcement of this Act may hold office until the end of the 1981 session.
(6) (Transitional Measures concerning Penal Provisions) In applying penal provisions to an act done before the enforcement of this Act, the previous provisions shall apply.
ADDENDA<Act No. 3458, Nov. 23, 1981>
Article 1 (Enforcement Date)
This Act shall enter into force forty days after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA<Act No. 3812, May 9, 1986>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Directors in office at the time of the enforcement of this Act shall be considered to be appointed under this Act until their terms of office expire.
ADDENDA<Act No. 4226, Apr. 7, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Education Supervisor)
The term "the Superintendent of the Office of Education of the Shi/Kun/ autonomous Ku" used in Articles 4 (1), 35 (4) and 71 shall be read as the term "the Superintendent of the Office of Education and the head of the district office of education"; the term "the Superintendent of the Office of Education of the Seoul Special Metropolitan City, Metropolitan City and Do" used in Article 4 (2), as the term "board of education of the Seoul Special Metropolitan City, Metropolitan City and Do"; the term "the Superintendent of the Office of Education of the City/Do" used in Articles 35 (4) and 71, as the term "board of education of the City/Do"; and the term "the Superintendent of the Office of Education" used in Article 35 (4), as the term "board of education or the Superintendent of the Office of Education"; until the Superintendent of the Office of Education is elected by each local government.
Article 3 (Transitional Measures concerning Appointment of School Personnel of College Educational Institutions)
Teachers and clerical personnel in active service in the college educational institutions at the time of the enforcement of this Act shall be considered to have been appointed by the school juristic person under this Act.
Article 4 (Transitional Measures concerning Disciplinary Case of Teacher)
Notwithstanding the provisions of Article 62, any disciplinary case pending at the time of the enforcement of this Act shall be deliberated and decided by the previous teachers' disciplinary committee.
Article 5 (Transitional Measures concerning Case of Request for Review)
Any case of request for a review pending to the review committee at the time of the enforcement of this Act or raised until the review committee is established under this Act after this Act enters into force, shall be subject to the previous provisions.
Article 6 Omitted.
ADDENDA<Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA<Act No. 4347, Mar. 8, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of the election of local council members to be held for the first time after the Local Autonomy Act (Act No. 4310) as amended, enters into force.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 4376, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 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. 5274, Jan. 13, 1997>
(1) (Enforcement Date) This Act shall enter into force at the expiration of three months from its promulgation.
(2) (Transitional Measures concerning Director) Notwithstanding the revised provisions of Article 21, directors in office at the time of enforcement of this Act, shall be considered to have taken office as such pursuant to this Act until the date of the termination of term of office.
(3) (Transitional Measures concerning Fine for Negligence) When imposing fines for negligence to the acts of violation committed before the enforcement of this Act, the previous provisions shall apply.
ADDENDA<Act No. 5345, Aug. 22, 1997>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1998.
(2) (Time Limit for Application) The amendments of Article 35-2 shall apply to persons who apply for authorization on dissolution of a school juristic person until December 31, 2006. <Amended by Act No. 6332, Dec. 30, 2000; Act No. 7118, Jan. 29, 2004>
ADDENDA<Act No. 5438, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1998.
Articles 2 through 14 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.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM<Act No. 5683, Jan. 21, 1999>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 6004, Aug. 31, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amendments to Articles 21 (2) and (4) and 53-4 shall take effect on March 1, 2000 and the amendments to Article 53-2 (3) shall take effect on January 1, 2002.
(2) (Transitional Measures on Contractual Appointment) Teachers appointed for a specified period pursuant to the former provisions shall, notwithstanding the amendments to Article 53-2 (3), be governed by the former provisions until their terms of appointment expire.
(3) (Transitional Measures on Provisional Directors) The term of provisional directors in office at the time of enforcement of this Act shall expire on December 31, 1999.
ADDENDUM<Act No. 6212, Jan. 28, 2000>
This Act shall enter into force on the date of its promulgation: Provided, That the provisions concerning the voluntary temporary retirement for child-nursing among the amended provisions of Article 59 (1), shall enter into force on January 1, 2001.
ADDENDUM<Act No. 6332, Dec. 30, 2000>
This Act shall enter into force on the date of its promulgation.
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.
ADDENDUM<Act No. 6715, Aug. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 7118, Jan. 29, 2004>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7120, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 7352, Jan. 27, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Procedures for Reappointment of College Educational Institution Teachers Appointed by Fixing Contract Terms) Procedures for the re-appointment of college educational institution teachers in office who are appointed by fixing their contract terms under the previous provisions at the time of enforcement of this Act shall be governed by the amended provisions of Article 53-2 (4) through (8).
ADDENDA<Act No. 7354, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 7802, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006: Provided, That the amended provisions of Article 53-2 (9) shall enter into force on March 1, 2007.
Article 2 (Application Example)
The amended provisions of Article 53-2 (9) shall apply, starting with the portion of the new employment that is first made after the enforcement of this Act.
Article 3 (Transitional Measures concerning Composition of Officers)
In case where the number of directors who are recommended by the school operating committee or the university deliberation committee pursuant to the amended provisions of Articles 14 and 21 (5) at the time of the enforcement of this Act falls short of the fixed number, new officers shall be appointed and any officer is vacant on the grounds of the expiration of his term of office, the officer who is recommended by the committee shall be preferentially appointed to fill the vacancy.
Article 4 (Transitional Measures concerning Terms of Office of Officers)
Any officer who holds his/her office at the time of the enforcement of this Act shall be governed by the previous provisions until the time when his/ her term of office expires, notwithstanding the amended provisions of Articles 20 (3) and 21 (5).
Article 5 (Transitional Measures concerning Grounds of Disqualifications of Officers and Teachers)
Any officer or any teacher who holds his/her office and teaches at the time of the enforcement of this Act shall be deemed to take office or be appointed pursuant to this Act, notwithstanding the amended provisions of subparagraphs 2 through 5 of Article 22 and Article 54-3 (4). <Amended by Act No. 8545, Jul. 27, 2007>
Article 6 (Transitional Measures concerning Restrictions on Appointments of Heads of Schools)
The head of any school who holds his/her office at the time of the enforcement of this Act shall be governed by the previous provisions until the time when his/her term of office expires, notwithstanding the amended provisions of Article 54-3 (1) through (3).
Article 7 Omitted.
ADDENDUM<Act No. 8529, Jul. 19, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA<Act No. 8545, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Application Example on Composition of Board of Directors)
If any executive is vacant due to the reasons such as the expiration of his term of office after this Act enters into force, new executives shall be preferentially selected and appointed with the recommendation of the open-type director recommendation committee as prescribed in the amended provisions of Article 14 (3).
Article 3 (Transitional Measures concerning Open-Type Directors)
Any open-type directors who were selected and appointed pursuant to the previous provisions of Article 14 (3) at the time this Act enters into force shall be deemed to have been selected and appointed under this Act.
Article 4 (Transitional Measures concerning Temporary Directors)
Any temporary directors who were selected and appointed pursuant to the previous provisions of Article 25 at the time this Act enters into force shall be deemed to have been selected and appointed under this Act.
Article 5 (Transitional Measures concerning Terms of Office of Temporary Directors)
The term of office of the temporary directors who were selected and appointed after July 1, 2006 and hold office at the time this Act enters into force shall expire on June 30, 2008.
ADDENDA<Act No. 8639, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
(1) In cases where an incorporated foundation under the Civil Act which establishes and operates a lifelong educational facility in the form of distant college under Article 22 (3) of the Lifelong Education Act intends to change the relevant facility into cyber university under the Higher Education Act, it shall alter its organization into that of school juristic person under this Act with the approval of the Minister of Education and Human Resources Development.
(2) In cases where an incorporated foundation has been reorganized into a school juristic person under paragraph (1), any dispositions taken by the Minister of Education and Human Resources Development toward such foundation prior to its reorganization shall be deemed to be taken toward the reorganized school juristic person within the scope that such dispositions do not conflict with this Act.
(3) In cases where an incorporated foundation has been reorganized into a school juristic person under paragraph (1), the executives of the foundation existing prior to its reorganization shall remain as the executives of school juristic person for their remaining period.
(4) In cases where an incorporated foundation has been reorganized into a school juristic person under paragraph (1), the former claims and obligations resulted from operation of a school by such foundation shall be taken over inclusively by the reorganized school juristic person.
(5) The teachers and staff, who are in office at the lifelong educational facility in the form of distant college established and operated by an incorporated foundation to be reorganized into school juristic person under paragraph (1), shall be deemed to have been appointed by the relevant school juristic person under this Act.
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. 8888, Mar. 14, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 6 of Article 59 (1) shall enter into force on January 1, 2009.
(2) (Application Example concerning Appointment of Teachers) The amended provisions of Articles 54-3 (5) and (6) shall apply to those who are removed or dismissed for the first time by discipline punishment upon occurrence of reasons for discipline punishment pursuant to the amended provisions of each subparagraph of Article 54-3 (5) after this Act enters into force.