Regulations On The Establishment And Operation Of Schools And Kindergartens For Foreigners

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters on the establishment and operation of schools for foreigners under Article 60-2 of the Elementary and Secondary Education Act and kindergartens for foreigners under Article 16 of the Early Childhood Education Act, and basic matters necessary for the enforcement thereof.
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 Article 2 (Definitions)   print
The definitions of terms used in this Decree shall be as follows:
1. The term "national" means a person who possesses the nationality of the Republic of Korea (including a person with dual nationalities under Article 12 (1) of the Nationality Act);
2. The term "foreigner" means a person who does not possess the nationality of the Republic of Korea.
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 Article 3 (Names)   print
Schools for foreigners or kindergartens for foreigners (hereinafter referred to as "schools, etc. for foreigners") shall indicate that they are schools or kindergartens for foreigners in their names.
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 Article 4 (Standards for Establishment)   print
Matters on the standards for establishment of schools, etc. for foreigners such as the standards for facilities and equipment necessary for the establishment and operation of schools, etc. for foreigners and the standards for assets necessary for the management of schools, etc. for foreigners shall be governed by the Regulations on the Establishment and Operation of High Schools or Schools of Various Levels Below High Schools: Provided, That in cases of school buildings or school sites for schools, etc. for foreigners to be established, a founder may use assets of the State or local governments on lease, notwithstanding the main sentence of Article 7 of the Regulations on the Establishment and Operation of High Schools or Schools of Various Levels Below High Schools.
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 Article 5 (Qualifications for Establishment)   print
(1) Any person who falls under any of the following subparagraphs may establish a school for foreigners:
1. Foreigners;
2. Non-profit corporations which have been established under foreign Acts and subordinate statutes and have main offices in a foreign country (hereinafter referred to as "non-profit foreign corporations" in this Article);
3. School juristic persons which have been established under the Private School Act.
(2) Only foreigners and non-profit foreign corporations may establish kindergartens for foreigners.
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 Article 6 (Application for Authorization to Establish Schools for Foreigners)   print
Any one who intends to obtain authorization to establish schools for foreigners under Article 4 (2) of the Elementary and Secondary Education Act shall file an application, accompanied by documents including matters falling under each subparagraph of Article 3 of the Enforcement Decree of the same Act and measures to secure school personnel, including the principals of schools for foreigners, to the superintendent of a Special Metropolitan City, a Metropolitan city or a Do (hereinafter referred to as the "superintendent").
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 Article 7 (Matters to be Included in School Regulations of Schools for Foreigners)   print
School Regulations of schools for foreigners(hereinafter referred to as "school regulations") shall include the following matters, notwithstanding the provisions of Article 9 (1) of the Enforcement Decree of the Elementary and Secondary Education Act:
1. Purpose, name and location;
2. The terms of study, academic years, semesters and holidays;
3. The organization of classes and the fixed number of students;
4. Curriculums (including matters on books for courses of study in schools for foreigners, the scholarships of which are recognized under Article 12) and the number of school days;
5. Admission, re-admission, special admission into other school, transfer, temporary absence from school, expulsion from school, completion of courses and graduation and the procedures therefor;
6. Collection of tuition fees, admission fees, and other expenses;
7. Matters on the qualifications for and obligations of principals and teachers;
8. Prizes for and discipline of students;
9. Procedures for amending school regulations;
10. Other matters prescribed by the superintendent with regard to the operation, etc. of schools for foreigners.
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 Article 8 (Application for Authorization to Establish Kindergartens for Foreigners)   print
Any one who intends to obtain authorization to establish kindergartens for foreigners under Article 8 (2) of the Early Childhood Education Act shall file an application, accompanied by documents including matters falling under Article 9 (1) 1 through 9 of the Enforcement Decree of the same Act, to the superintendent.
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 Article 9 (Announcement of School Regulations)   print
The heads of schools for foreigners and the heads of kindergartens for foreigners shall announce school regulations under Article 7 and kindergarten rules (hereinafter referred to as "kindergarten rules") under Article 10 of the Enforcement Decree of the Early Childhood Education Act, respectively, on the Internet Website or such.
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 Article 10 (Qualifications, etc of Nationals Admitted to Schools for Foreigners)   print
(1) "Those as prescribed by Presidential Decree" under Article 60-2 (1) of the Elementary and Secondary Education Act refers to nationals who have resided in foreign countries for not less than three years.
(2) The proportion of nationals referred to in paragraph (1) shall not exceed 30% of the fixed number of students in schools for foreigners, but the superintendent may raise the proportion of admission of such nationals under the educational regulations of a Special Metropolitan City, a Metropolitan city or a Do within the range of 20%, by taking into account the conditions of the Special Metropolitan City, a Metropolitan city or a Do.
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 Article 11 (Curriculums)   print
Matters on the curriculums of schools, etc. for foreigners shall be determined by school regulations or kindergarten rules: Provided, That schools for foreigners established by school juristic persons under Article 5 (1) 3 shall operate internationally certified curriculums recognized by the Minister of Education, Science and Technology.
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 Article 12 (Recognition of Scholarships)   print
When domestic students who have graduated from schools for foreigners intend to be recognized to have the same level of scholarships as students who have graduated from domestic elementary, middle or high schools, schools for foreigners shall satisfy matters under the following subparagraphs:
1. Schools for foreigners shall organize curriculums of domestic students to ensure that the students may complete not less than 2 class subjects for not less than 102 hours a year, respectively, including Korean language and social studies (including Korean history or history in the subjects of social studies in middle and high schools; hereinafter the same shall apply), from among subjects under Article 43 of the Enforcement Decree of the Elementary and Secondary Education Act;
2. Teachers in charge of the subjects of Korean language or social studies in domestic elementary, middle or high schools shall be persons who have obtained certificates of qualification for regular teachers of Grades I and II under Article 21 (2) of the Elementary and Secondary Education Act: Provided, That teachers in charge of the subject of Korean language may be substituted by Korean language teachers who satisfy requirements under Article 13 (1) 1 or Article 13 (1) 2 (a) and (b) of the Enforcement Decree of the Framework Act on the National Language.
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 Article 13 (Education concerning Korean Language and Korean Culture)   print
Schools for foreigners may provide education concerning Korean language and Korean culture to foreign students in the schools.
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 Article 14 (Appointment or Dismissal of Teachers in Schools for Foreigners)   print
When a person who is authorized to appoint or dismiss teachers in schools, etc. for foreigners has appointed or dismissed teachers in the relevant schools, etc. for foreigners, he/she shall notify the Office of Education in charge of the schools, etc. for foreigners of personal information on the teachers within seven days from the date on which teachers are appointed or dismissed.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicable Examples concerning Proportion of Nationals Admitted to Foreigners' Schools)
The provisions of Article 10 (2) shall apply, beginning with the first student admitted to the curriculums of schools for foreigners since March 1, 2010.
Article 3 (Transitional Measures concerning Names)
When a school for foreigners, which has obtained authorization for establishment at the time this Decree enters into force, infringes the provisions of Article 3, the school for foreigners shall change its name within one year after this Decree enters into force.
Article 4 (Transitional Measures concerning Existing Students)
Domestic students in schools for foreigners which have obtained authorization for establishment at the time this Decree enters into force, shall be deemed to meet qualifications for admission under Article 10 (1).
Article 5 (Transitional Measures concerning Teachers)
Even when teachers in charge of the subjects of Korean language or social studies fail to meet the requirements under subparagraph 2 of Article 12, from among teachers in schools for foreigners which have obtained authorization for establishment at the time this Decree enters into force, the teachers shall be deemed to have qualifications for one year after this Decree enters into force.