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ACT ON SPECIAL CASES CONCERNING THE DISCLOSURE OF INFORMATION BY EDUCATION-RELATED INSTITUTIONS

[Enforcement date: Jan. 1, 2010] [Act No. 9643, Partially amended on May 8, 2009] Ministry of Education, Science, and Technology (Deregulation Legal Officer) 02-2100-6155~6158

Article 1 (Purpose)

The purpose of this Act is to prescribe special cases concerning the "Official Information Disclosure Act" in order to raise the participation ratio in school education and the efficiency and transparency of education administration, as well as to ensure the right to know of the people and promote academic and policy study by defining the fundamental matters necessary for the liability of disclosure and disclosure of information held and managed by education related institutions. Article 2 (Definitions)

The definitions of the terms used herein are as follows:

1. "Information" means documents, (including electronic documents), drawings, photos, film, tapes, and slides prepared or obtained and managed by education related institutions for the purpose of school education, and matters recorded on media similar;

2. "Disclosure" means that education related institutions allow people to peruse information, deliver copies and replications of information to the people, or publish or provide information through information and communication networks, (hereinafter referred to as "information and communication networks"), as specified in Article 2, Paragraph (7) of the "Electronic Government Act";

3. "Publication" means one of the disclosure methods to actively notify or provide information held and managed by education related institutions pursuant to other laws, including information and communication networks in advance, regardless of the perusal, delivery, and request concerning information disclosure by the people;

4. "Education related institutions" means schools, education administrative institutions, and education research institutions;

5. "School" means a school established pursuant to Article 2 of the "Elementary and Secondary Education Act" and Article 2 of the "Higher Education Act," and other schools established in accordance with other laws, (excluding schools where the publication of information is difficult due to the reason of national defense and public security pursuant to Presidential Decree);

6. "Education administrative institutions" mean institutions according to Article 2, Paragraph (3) of the "Public Educational Officials Act";

7. "Education research institutions" mean institutions prescribed in Article 2, Paragraph (4) of the "Public Educational Officials Act" and institutions established in order to professionally research and investigate education in accordance with other laws.

Article 3 (Principle of Information Disclosure)

(1) The education related institutions shall disclose the information held and managed by the institutions pursuant to this Act.

(2) The information published or provided for by this Act shall not include the personal information of students and faculties.

Article 4 (Relationship with Other Laws)

In the case of matters concerning information disclosure but not prescribed in this Act, the "Official Information Disclosure Act" shall apply. Article 5 (Information of Elementary and Secondary Schools to be Published) (1) The principals of schools which conduct elementary and secondary education shall publish the following information held and managed by the school at least one time per year. In this case, the principal of the school shall submit the published information, (hereinafter referred to as the "published information"), to the superintendent of the office of education, and the Minister of Education, Science, and Technology may require the principal to submit the materials in respect to the published information if deemed necessary:

1. Regulations concerning school operation including school regulations;

2. Matters in regard to the organization and operation of education curricula;

3. Number of students per grade and class, and status changes of students, including numbers of students moving in and out, and discontinuance of studies;

4. Status of studies by grades and subjects of the school;

5. Matters in regard to school facilities, including the school site and school buildings;

6. Matters in regard to the status of faculties by position and qualification;

7. Matters in regard to accounting of the school and foundation, including the budget and settlement of accounts;

8. Matters in regard to the operating committee of a school;

9. Matters in regard to school meals;

10. Matters in regard to health management, environmental sanitation, and safety management of schools;

11. Matters in regard to the status and treatment of school violence;

12. Matters in regard to fundamental materials for academic research on the evaluation of educational achievements at the level of the nation, City, or Do;

13. Matters in regard to the entrance status of students and careers of graduates;

14. Matters in regard to the correction orders specified in Articles 63 through 65 of the "Elementary and Secondary Education Act"; and

15. Matters in regard to the educational conditions and school operation status. (2) When the superintendent of the office of education and the Minister of Education, Science, and Technology disclose the materials prescribed in Paragraph (1), Subparagraphs 4 through 12, the name of the individual school shall not be provided, and the scope of disclosure on the location shall be decided by Presidential Decree.

(3) The specific scope of the published information and frequency of the publication, and necessary matters for the timing according to Paragraph (1) shall be decided by Presidential Decree.

Article 6 (Information of Higher Education Institutions to be Published) (1) The principals of schools which conduct higher education shall publish the following information held and managed by the school at least one time per year. In this case, the principal of the school shall submit the published information to the Minister of Education, Science, and Technology:

1. Regulations concerning school operation, including school regulations;

2. Matters in regard to the organization and operation of education curricula;

3. Matters in regard to the method of selecting students and schedules;

4. Matters in regard to the status of students including filling ratio and numbers of students;

5. Matters in regard to the careers of students, including entering higher school and employment status after graduation;

6. Matters in regard to the status of full-time faculties;

7. Matters in regard to the research achievements of full-time faculties;

8. Matters in regard to accounting of schools and foundations, including budget and settlement of accounts;

8-2. Matters in regard to the calculation basis of tuition and education expenses per student;

9. Matters in regard to corrective orders from Articles 60 through 62 of the "Higher Education Act";

10. The development plan and specialization plan of schools;

11. The status of faculty research and education on student and industry-academic cooperation;

12. The status of support to library and research; and

13. Other matters in regard to the educational conditions and school operation status. (2) The Minister of Education, Science, and Technology may classify the information published by the principal of a school pursuant to Paragraph (1) into types and regions and disclose it if deemed necessary for the convenience of the people.

(3) The specific scope of the published information and number of times and timing of the publication according to Paragraph (1), and the disclosure method of information according to Paragraph (1) shall be decided by Presidential Decree. Article 7 (Recommendation of Publication and Others) (1) The Minister of Education, Science, and Technology shall prepare and distribute the forms necessary for the publication pursuant to Articles 5 and 6, and collect and manage the published information. (2) The Minister of Education, Science, and Technology may designate general administrative institutions and administrative institutions by items to collect and manage the published information stated in Paragraph (1).

(3) If the head of the education related institution does not disclose nor publish the relevant information, or neglects to do so as specified herein, the Minister of Education, Science, and Technology shall recommend corrective actions.

Article 8 (Promotion of Academic Research)

(1) The heads of education related institutions may provide materials held and managed by such institutions to researchers pursuant to Presidential Decree in order to promote academic research and develop education policies. (2) The person who receives the materials according to Paragraph (1) shall not divulge it or use it falsely for purposes other than as specified herein. Article 9 (Delegation of Authority)

The part of the authority of the Minister of Education, Science, and Technology specified herein may be delegated to the superintendent of offices of education pursuant to Presidential Decree. Article 10 (Correction or Modification Order)

(1) The Minister of Education, Science, and Technology shall order the head of the institution who does not disclose information decided herein or discloses it falsely to correct or amend it.

(2) The Minister of Education, Science, and Technology shall apply Article 63, Paragraph (2) of the "Elementary and Secondary Education Act" or Article 60, Paragraph (2) of the "Higher Education Act" in the event that the principal of a school ordered to correct or amend according to Paragraph (1) above, and recommended according to Article 7, Paragraph (3), fails to perform said order without due reason within the designated period. Article 11 (Penal Provisions)

In the event that a person who receives the materials specified in Article 8, Paragraph (1) breaches Paragraph (2) of the same article, the person shall be sentenced for not more than one year or imposed of a fine not exceeding ten million won. Article 12 (Relationship to the "Official Information Disclosure Act") When the "Official Information Disclosure Act" is applied to "Special Cases Concerning the Disclosure of Information by Education-Related Institutions," it shall observe any of the following subparagraphs:

1. The "public institutions" stated in Articles 6 through 9, 11, 13, 15, 18, and 21 of the "Official Information Disclosure Act" shall be considered as "education-related institutions";

2. The "Minister of Public Administration and Security" stated in Article 25 of the "Official Information Disclosure Act" shall be considered as the "Minister of Education, Science, and Technology".

Addendum

This Act shall enter into effect from Jan. 1, 2010.