Property Of Confucian Schools Act


Published: 2008-12-26

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 Article 1 (Purpose)   print
The purpose of this Act is to prescribe fundamental matters regarding the property of Confucian schools to ensure the appropriate administration and use of such property.
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 Article 2 (Definition)   print
The term "Confucian school property"used in this Act means movable property, immovable property and other property made available for the maintenance and management of Confucian schools.
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 Article 3 (Establishment, etc. of Incorporated Foundations)   print
(1) An incorporated foundation shall be established in each Special Metropolitan City, Metropolitan City, Do and Special Self-Governing Province (hereinafter referred to as "City/Do") to administer and manage the Confucian school property under its jurisdiction.
(2) Immovable property, such as land and buildings, and ritual utensils among Confucian school property shall be deemed fundamental property.
(3) Cash and other chattels among Confucian school property shall be deemed movable property.
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 Article 4 (Prohibition of Sale, etc.)   print
No Confucian school property may be sold, transferred, exchanged, provided as security, or otherwise disposed of except in accordance with this Act.
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 Article 5 (Purposes of Confucian School Foundations)   print
The purposes of an incorporated foundation under Article 3 (1) (hereinafter referred to as "Confucian school foundation") shall be as follows:
1. Preservation of each Confucian shrine located in the relevant City/Do;
2. Teaching and other educational work;
3. Promotion of Confucianism;
4. Contribution to cultural development.
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 Article 6 (Use of Income from Property of Confucian School Foundations)   print
(1) No income from property of any Confucian school foundation may be used other than for the following purposes:
1. Maintenance of the Sungkyunkwan;
2. Preservation of each Confucian shrine located in the City/Do concerned;
3. Education and other cultural work.
(2) Each Confucian school foundation shall annually pay the Sungkyunkwan an amount equivalent to 10/100 of the total amount of income accrued from its property.
(3) Each Confucian school foundation shall spend its net income not including the amount under paragraph (2) and other reserve funds, to the extent of 80/100 thereof, to teaching and other educational work.
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 Article 7 (Directors of Confucian School Foundations)   print
(1) Directors of each Confucian school foundation shall be elected from among those who are competent to represent Confucian scholars (hereinafter referred to as "Confucian representatives") and serve or have served as any of the following:
1. Jeongyo (referring to the representative of a Confucian school who exercises overall control of the affairs thereof);
2. Jangeui (referring to the member of a Confucian school who takes charge of the affairs thereof under the command of Jeongyo).
(2) The number of directors of each Confucian school foundation shall be seven to fifteen.
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 Article 8 (Matters to be Permitted)   print
(1) A Confucian school foundation shall obtain a permit from a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"), as prescribed by Presidential Decree, where any of the following subparagraphs applies: Provided, That this shall not apply if the permit to alter the current state of cultural heritage under subparagraph 3 of Article 34 of the Cultural Heritage Protection Act is obtained where any of subparagraphs 3 through 5 applies:
1. Where it seeks to dispose of or provide any movable property or immovable property that belongs to the Confucian school property as security;
2. Where it seeks to obtain, within its budget, a loan that is needed to operate the relevant Confucian school, or to guarantee a third party's debts;
3. Where it seeks to alter the purpose of the use of a buildingor a site that belongs to the relevant Confucian school or to use such building and site for any purpose other than that of the Confucian school foundation under Article 5;
4. Where it seeks to remodel, extend, dismantle, reconstruct in a different place, relocate, remove, or substantially alter a building (including those attached thereto) of the relevant Confucian school or to substantially alter a site of the relevant Confucian school;
5. Where it seeks to discontinue the use of a building ora site that belongs to the relevant Confucian school in order to achieve the purposes of the Confucian school foundation under Article 5.
(2) A Mayor/Do Governor shall not grant a permit if an application for a permit under paragraph (1) does not fall under any of the following subparagraphs even if granting of the permit does not affect the preservation of Confucian shrines:
1. It is intended to promote Confucianism and conduct teaching and other educational work;
2. It is intended for public purposes, such as for the convenience of residents;
3. It is intended to disseminate and utilize a cultural heritage;
(3) A permit may be revoked if a person who is granted a permit under paragraphs (1) and (2) changes contents of any permitted matters at his/her discretion or violates the terms and conditions of the permit or other relevant instructions.
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 Article 9 (Hearings)   print
A Mayor/Do Governor shall hold a hearing where he/she seeks to revoke a permit granted to a Confucian school foundation pursuant to Article 8 (3).
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 Article 10 (Prohibition against Seizure of Confucian School Buildings, etc.)   print
No building or site owned and registered by a Confucian school foundation designated by Presidential Decree may be seized for monetary claims that arises after such registration under private law, except in cases of the exercise of a mortgage or other real right or bankruptcy.
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 Article 11 (Applying the Civil Act Mutatis Mutandis)   print
Except as provided for in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis with respect to Confucian school foundations.
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 Article 12 (Penal Provisions)   print
A person who violates Article 6 or 8 (1) or is granted a permit under Article 8 (1) in a false or fraudulent manner shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won.
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 Article 13 (Joint Penal Provisions)   print
If the representative or a representative, servant or other employee of a Confucian school foundation commits an offense under Article 12 in connection with the business of such Confucian school foundation, not only shall such violator be punished, but also the Confucian school foundation shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the Confucian school foundation has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.
[This Article Wholly Amended by Act No. 9215, Dec. 26, 2008]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (General Transitional Measures concerning Disposition, etc.) Any act done by or in relation to an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed the act done by or in relation to an administrative agency corresponding thereto under this Act.
(3) (Transitional Measures concerning Penal Provisions) In the application of penal provisions to any offense committed before this Act enters into force, the previous provisions shall prevail.
(4) (Relationship to Other Acts and Subordinate Statutes) At the time this Act enters into force, references in other Acts and subordinate statutes to the former Property of Confucian Schools Act or to the provisions thereof, if this Act includes any provisions corresponding thereto, shall be deemed references to this Act or the corresponding provisions thereof in lieu of the previous provisions.
ADDENDUM<Act No. 9215, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.