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ENFORCEMENT DECREE ON ESTABLISHMENT AND MANAGEMENT OF FOREIGN SCHOOLS AND FOREIGN KINDERGARTENS

[Enforcement Date: Feb. 6, 2009] [Presidential Decree No. 21308, Feb. 6, 2009, Enactment] Ministry of Education, Science and Technology (Regulation Reform Officer) Tel.: 02-2100-6155~6158

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters concerning the establishment and operation of foreign schools pursuant to Article 60-2 of the Elementary and Secondary Education Act and foreign kindergartens pursuant to Article 16 of the Early Childhood Education Act, and the basic matters for the enforcement thereof. Article 2 (Definitions)

The definitions of the terms used in this Decree shall be as follows:

1. The term "domestic person" means any person whose nationality is of the Republic of Korea (including any person who is a dual-citizenship holder under Article 12 (1) of the Nationality Act); and

2. The term "foreigner" means any person who has no nationality of the Republic of Korea. Article 3 (Trade Name)

Any foreign school or foreign kindergarten (hereinafter referred to as the "foreign school, etc.") shall indicate that the school or kindergarten is for foreigners in its trade name. Article 4 (Standards for Establishment)

Matters in respect to establishment standards, such as standards for facilities and equipment necessary for the establishment and operation of foreign schools and standards for assets necessary for the administration thereof, shall be in accordance with the Regulations on Establishment and Management of Various Levels of Schools below High School. Provided, that for the school buildings and school site of foreign schools, etc. to be established, notwithstanding the main sentence of Article 7 of the Regulations on Establishment and Management of Various Levels of Schools below High School, the properties owned by the State or local governments may be leased for use. Article 5 (Establishment Qualifications)

(1) Any person applicable to any of the following may establish a foreign school:

1. A foreigner;

2. A non-profit corporation which is established under the laws and regulations of a foreign country and has its main office in a foreign country (hereinafter referred to as the "non- profit foreign corporation" in this Article); or

3. A school foundation established in accordance with the Private School Act. (2) Only foreigners or non-profit foreign corporations may establish a foreign kindergarten. Article 6 (Application for Approval of Establishment of Foreign School) Any person who intends to obtain approval for establishment of a foreign school in accordance with Article 4 (2) of the Elementary and Secondary Education Act shall prepare the documents containing both the matters of each subsection of Article 3 of the Enforcement Decree of the same Act, and plans for securing teachers and staff including the principal, and file an application attached with such documents to the Superintendent of the Office of Education of the Special Metropolitan City, the Metropolitan City or Do (hereinafter referred to as the "Superintendent of the Office of Education"). Article 7 (Entries in School Regulations for Foreign School) (1) Notwithstanding the provisions of Article 9 (1) of the Enforcement Decree of the Elementary and Secondary Education Act, the school regulations of foreign schools (hereinafter referred to as the "school regulations") shall state matters falling under any of the following subsections.

1. Objective, trade name and location;

2. Term of study, academic years, semesters and holidays;

3. Organization of classes and student quota;

4. Curricula (including the matters concerning textbooks for school subjects of foreign schools for which the school career is recognized pursuant to Article 12) and number of school days;

5. Admission, readmission, special admission into other schools, transfer, leave of absence, expulsion, completion of coursework and graduation; and the procedures, etc. thereof;

6. Collection of tuition, admission fees and other expenses;

7. Matters concerning qualifications and duties for principal and teachers;

8. Awards and discipline for students;

9. Amendment procedures for school regulations; and

10. Other matters determined by the Superintendent of the Office of Education concerning operation, etc. of foreign schools.

Article 8 (Application for Approval of Establishment of Foreign Kindergarten) Any person who intends to obtain approval for establishment of a foreign kindergarten in accordance with Article 8 (2) of the Early Childhood Education Act shall file an application attached with documents containing the matters stated in subsections 1 through 9 of Article 9 (1) of the Enforcement Decree of the same Act to the Superintendent of the Office of Education.

Article 9 (Disclosure of School Regulations, etc.) The heads of foreign schools shall disclose the school regulations pursuant to Article 7, and the heads of foreign kindergartens shall disclose the kindergarten regulations pursuant to Article 10 of the Enforcement Decree of the Early Childhood Education Act (hereinafter referred to as the "kindergarten regulations") on their internet homepages, respectively. Article 10 (Qualifications, etc. of Domestic Persons for Admissions to Foreign Schools) (1) The term "those as prescribed by the Presidential Decree" in Article 60-2 (1) of the Elementary and Secondary Education Act refers to domestic persons who have resided in a foreign country for at least a total of three years. (2) Although the number of domestic persons applicable to section (1) shall not comprise more than 30 percent of the student body of foreign schools, the Superintendent of the Office of Education may raise the ratio of domestic students that may be admitted to foreign schools within the scope of 20 percent according to the educational regulations of the Special Metropolitan City, the Metropolitan City or Do upon consideration of the educational environment of the Special Metropolitan City, the Metropolitan City or Do. Article 11 (Curricula)

(1) Matters in respect to the curricula of foreign schools, etc. shall be determined by the school regulations or kindergarten regulations. Provided, that in the case of foreign school established by a school foundation under subsection 3 of Article 5 (1), it shall operate internationally accredited curricula approved by the Minister of Education, Science and Technology.

Article 12 (Recognition of School Career)

If a domestic student who has graduated from a foreign school is to be recognized to have schooling equivalent to as that of graduating from domestic elementary schools, middle schools or high schools, the same foreign school shall satisfy the requirements falling under each of the following subsections:

1. It shall organize the curriculum for domestic students so that domestic students may complete at least two courses for not less than 102 hours a year including Korean language and social studies (subjects of social studies in middle school and high school include Korean history or history, and the same shall apply hereinafter) among the subjects under Article 43 of the Enforcement Decree of the Elementary and Secondary Education Act; and

2. The teachers teaching Korean language or social studies at domestic elementary school, middle school and high school levels shall be at least Grade II regular teachers under Article 21 (2) of the Elementary and Secondary Education Act. Provided, that for a Korean language teacher, any Korean language teacher satisfying the requirements of Article 13 (1) 1 or Article 13 (1) 2 (a) and (b) of the Enforcement Decree of the Framework Act on the National Language may be appointed as a substitute. Article 13 (Education of Korean Language and Korean Cultures) A foreign school may provide education related to Korean language and Korean culture to foreign students attending the same foreign school. Article 14 (Appointment and Dismissal of Teachers of Foreign Schools, etc.) In the event that the person having authority to appoint or dismiss teachers of a foreign school, etc. has appointed or dismissed any teacher of the foreign school, he/she shall inform the personal information of the relevant teacher to the competent Education Office governing such foreign school, etc. within seven days from the date of appointment or dismissal of the relevant teacher.

ADDENDUM (Presidential Decree No. 21308, Feb. 6, 2009> Article 1 (Effective Date)

This Decree shall enter into force on the date of its promulgation. Article 2 (Application Example of Ratio of Domestic Persons Admitted to Foreign School) Section (2) of Article 10 shall apply to the first student admitted to the curriculum of foreign schools after Mar. 1, 2010.

Article 3 (Transitional Measures Concerning Trade Name) In the event that a foreign school, which already obtained approval for establishment when this Decree takes effect, is in violation of the provisions of Article 3, it shall change its trade name within a year from the enforcement date of this Decree. Article 4 (Transitional Measures for Existing Students) Domestic students who are enrolled in a foreign school which already obtained approval for establishment when this Decree takes effect shall be deemed to have entrance qualification pursuant to Article 10 (1).

Article 5 (Transitional Measures for Teachers)

In the event that teachers in charge of Korean language or social studies among the teachers of a foreign school, which already obtained establishment approval when this Decree takes effect, fail to satisfy the requirements under subsection 2 of Article 12, it shall be deemed that they have such qualifications for one year from the enforcement of this Decree.