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

[Enforcement date: Nov. 17, 2008] [Presidential Decree No. 21119, Nov. 17, 2008, established]

Ministry of Education, Science, and Technology (Regulatory Reform Officer) 02-2100-6155~6158

Article 1 (Purposes)

The purpose of this Decree is to define delegated matters and necessary matters to implement the "Act on Special Cases Concerning the Disclosure of Information by Education-Related Institutions".

Article 2 (Schools Excluded from the Application of Information Disclosure) The "school defined by Presidential Decree" in Article 2, Paragraph (5) of the "Act on Special Cases Concerning the Disclosure of Information by Education-Related Institutions, (hereinafter referred to as "Act")" shall mean the schools stated in following subparagraphs:

1. The Air Force Aviation Science High School established pursuant to the "Act on the Establishment of the Air Force Aviation Science High School";

2. Military, Naval, and Air Force Academies established pursuant to the Establishment of Military Academies Act;

3. The Korea National Defense University established pursuant to the Act on the Establishment of the Korea National Defense University;

4. The National Military Nurse Academy established pursuant to the "Act on the Establishment of the National Military Nurse Academy;

5. The National Police University established pursuant to the "Act on the Establishment of the National Police University;

6. The Korea Army Academy at Yeongcheon established pursuant to the "Act on the Establishment of the Korea Army Academy at Yeongcheon"; and

7. The National Graduate School of Intelligence established pursuant to the "Act on the Establishment of the National Graduate School of Intelligence". Article 3 (Scope, Times, and Timing of the Published Information of Elementary and Middle Schools)

(1) The scope, times, and timing of the published information specified in Article 5, Paragraph (1) of each subparagraph of the Act is shown in the attached Table 1. (2) The principal of a school which conducts elementary/secondary education, (hereinafter referred to as "elementary/middle schools"), according to the parts except for each subparagraph of Article 5, Paragraph (1) of the Act may voluntarily publish the contents other than the published information stated in the attached Table 1.

(3) The principal of an elementary/middle school shall publish the information which has been published for the last three years from such publishing date when the information is published according to the attached Table 1. (4) When the superintendent of offices of education and the Minister of Education, Science, and Technology disclose the materials in Article 5, Paragraph (1), Subparagraphs 4 and 12 of the Act, the scope of information disclosure in regard to the location of individual schools is as follows:

1. Schools specified in Article 2, Subparagraphs 2 and 3 of the "Elementary/Secondary Education Act" and various schools, elementary/middle schools, and schools in courses of the middle schools specified in Subparagraph 6 of the same article. It is disclosed by subordinate educational administrative agencies according to Article 34, Paragraph (1) of the "Local Education Autonomy Act."

2. Schools specified in Article 2, Subparagraphs 4 and 5 of the "Elementary/Secondary Education Act" and various schools, elementary/middle schools, and schools in courses of the middle school specified in Subparagraph 6 of the same Article. It is disclosed by the offices of education which have jurisdiction over the Special Metropolitan City, Metropolitan City, and Special Self-Governing Do, (hereinafter referred to as the "City and Do"). Article 4 (Scope, Times, and Timing of Publishing Information of Higher Education Institutes, etc.)

(1) The scope, times, and timing of publishing information specified in each subparagraph of Article 6, Paragraph (1) of the Act are shown on the attached Table

2. (2) The principal of a school which conducts higher education, (hereinafter referred to as "higher education institutes"), according to the parts except for each subparagraph of Article 6, Paragraph (1) of the Act may publish the disclosed information in the attached Table 2 by departments, major of college, subscription units, and schools. In this case, the information relating to the graduate school shall be separated from the college, and it shall be published by dividing according to each subparagraph of Article 22 of the "Enforcement Decree of Higher Education Act."

(3) The principal of higher education institutes shall publish the information disclosed for the last three years from the publishing date when the information is published according to the attached Table 2.

Article 5 (Management and Disclosure of Information of Higher Education Institutes) (1) The Minister of Education, Science, and Technology may integrate and manage the published information submitted by the principal of higher education institutes according to the latter parts except for each subparagraph of Article 6, Paragraph (1) of the Act.

(2) The Minister of Education, Science, and Technology may standardize and disclose major items in the published information as stated in Paragraph (1). (3) Matters necessary for the management and disclosure according to Paragraphs (1) and 2 shall be decided by the Minister of Education, Science, and Technology. Article 6 (Method of Publishing Information)

(1) The principal of elementary/middle schools and higher education institutes shall publish information specified in Article 5, Paragraph (1) and Article 6, Paragraph (1) of the Act through the homepage of the institutes for easy access of the people. (2) The principal of elementary/middle schools and higher education institutes shall keep and manage publishing information materials separately. (3) The principal of elementary/middle schools and higher education institutes shall allow people to peruse the published information of the institutes, or provide copies upon request for a provision of the published information. (4) The expenses spent to peruse the published information, or provision or transportation of the copies shall be paid by the requestor within the range of actual expenses, provided, that the purpose of using the information is necessary to maintain and promote the public welfare, where it may be reduced or exempted. Article 7 (Designation of General Management Institutes and Institutes by Items) (1) The institute which seeks designation as a general management institute and management institutes by items specified in Article 7, Paragraph (2) of the Act shall apply to the Minister of Education, Science, and Technology with the documents stated in the following subparagraphs attached:

1. Business promotion plan;

2. Statements and operating plan in regard to facilities, equipment, and professional manpower necessary to conduct duties; and

3. Article of Incorporation (only applicable for corporations). (2) If any corporation seeks designation according to Paragraph (1), the supervision agency shall verify the official copy of the corporate registration card through the public use of administrative information pursuant to Article 21, Paragraph (1) of the "Electronic Government Act".

(3) The Minister of Education, Science, and Technology shall decide the designation within 30 days from the date of application when receiving the application for the designation of a general management institute and institutes by items prescribed in Paragraph (1), provided, that where there is any inevitable reason, it may be extended within 30 days on one occasion.

(4) The general management institute and management institutes by items shall collect and manage information submitted according to the latter part of Article 5, Paragraph (1) of the Act, or the latter part of Article 6, Paragraph (1) of the Act. (5) The general management institute shall manage and operate the published information in conjunction with the management institutes by items, and conduct research to raise the quality of the published information. (6) The general management institute shall report to the superintendent of offices of education and the Minister of Education, Science, and Technology in regard to the matters of management and operation of the published information by the principal of elementary/middle schools and higher education institutes every year. Article 8 (Operating Committee for the Published Information of Education-Related Institutes)

(1) The operating committee for the published information of education-related institutes shall be established under the control of the Minister of Education, Science, and Technology in order to advise the Minister of Education, Science, and Technology on matters in regard to the establishment of policies and improvement of the system in relation to the publication of information by the education-related institutes.

(2) The committee shall be composed of not more than fifteen members, including a chairperson.

(3) The chairperson of the committee shall be the person designated by the Minister of Education, Science, and Technology among members of the committee, and the members shall be commissioned or appointed by the Minister of Education, Science, and Technology among those who fall under any of the following subparagraphs:

1. Faculties of elementary/middle/high schools and higher education institutes who have knowledge or experience in respect to information disclosure;

2. Supervisory officials and educational research officials of the office of education of the City/Do and subordinate administrative agencies;

3. More than level 4 public officials of the City/Do and central administrative agencies related to the tasks of the information disclosure;

4. Legal experts who have knowledge or experience related to information disclosure;

5. Persons recommended by parents' organizations, (non-profit and non-governmental organizations specified in Article 2 of the "Assistance for Non-Profit and Non-Governmental Organizations Act); and

6. Other persons who have sufficient knowledge and experience in regards to information disclosure.

(4) Matters necessary for the composition and operation of the committee other than matters prescribed in Paragraphs (1) through 3 shall be decided by the Minister of Education, Science, and Technology.

Article 9 (Provision of Materials to Researchers, etc.) (1) If any researcher or others request the principal of education-related institutes to provide materials kept and managed by the competent institutes, he/she shall submit said request to provide information which contains any of the following subparagraphs, and a research plan containing the purpose, contents, period, method, and usage plan of the research:

1. Contact information of the requestor, including name, resident registration number, address, telephone number, and e-mail address;

2. The contents and provision method of the information to be provided. (2) The principal of the education-related institute shall decide whether the information is provided within 10 days from the date of request according to Paragraph (1), and if he/she cannot decide within the period due to inevitable reasons, the period may be extended within 10 days by calculating it from the next date of the last day of the period. In this case, the principal of the education-related institute shall immediately notify the fact and reason of the extension to the requestor.

(3) The principal of the education-related institute shall make efforts to provide the information necessary for the research, and if he/she does not make a decision on the provision of the information within 20 days from the date of request, it is considered that he/she has determined not to provide said information. (4) The principal of the education-related institute which shall establish the deliberation committee on information disclosure in accordance with Article 12, Paragraph (1) of the "Official Information Disclosure Act" shall decide the scope and contents of the materials through the deliberation of the committee. (5) In case the education-related institute does not belong to the education-related institutes specified in Paragraph (4), the deliberation committee on information disclosure may be established by applying Article 12 of the "Official Information Disclosure Act," and deliberation specified in Paragraph (4) may be conducted. In the case of elementary/middle schools, the school operating committee specified in Article 31 of the "Elementary/Secondary Education Act" may deliberate on the matters specified in Paragraph (4).

Article 10 (Delegation of Authority)

The Minister of Education, Science, and Technology shall delegate the authority of each of the following subparagraph to the superintendent of offices of education in accordance with Article 9:

1. Recommendation of correction according to Article 7, Paragraph (3) of the Act;

2. Order of correction or change according to Article 10, Paragraph (1) of the Act;

3. Cancellation or suspension order against offences, or measures to reduce the capacity of students in accordance with Article 63, Paragraph (2) of the "Elementary and Secondary Education Act", which is applied mutatis mutandis pursuant to Article 10, Paragraph (2) of the Act. Article 11 (Confirmation of Published Information, etc.) The Minister of Education, Science, and Technology may confirm and verify the published information of the principal of elementary/middle schools and higher education institutes in order to implement the order of correction or change pursuant to Article 10, Paragraph (1) of the Act where deemed necessary. Article 12 (Designation of Preparer, etc. by Published Items) (1) The principal of elementary/middle schools and higher education institutes shall designate the preparer and verifier by published items and publish it together in order to raise the accuracy of the published information. (2) The principal of elementary/middle schools and higher education institutes and the preparer and verifier by published items shall frequently check and confirm the accuracy and faithfulness of the published information. (3) If any errors are found as a result of the inspection specified in Paragraph (2), the principal of elementary/middle schools and higher education institutes shall immediately correct and complement the information. Addenda

Article 1 (Enforcement Date)

This enforcement decree shall enter into effect on the date of its promulgation. Article 2 (Examples of an Application in Respect to Information Disclosure) The provision relating to the information to be published up to the last three years pursuant to Article 3, Paragraph (3) and Article 4, Paragraph (4) shall be applied to the information to be published for the first time after the enforcement of this Decree. Article 3 (Special Provision Concerning the Scope and Timing of Information Disclosure)

(1) Notwithstanding Article 3, Paragraph (3) and Article 4, Paragraph (4), the principal of elementary/middle schools and higher education institutes which are installed or established after the enforcement of this Decree and where the anniversary does not exceed three years shall publish information until the publishing date after said installation or establishment. (2) Notwithstanding the publication period specified in the attached Tables 1 and 2, the first information publication after the enforcement of this Decree shall be conducted on Dec. 1, 2008, provided, that the principal of elementary/middle schools shall publish academic achievements from the assessment results conducted in 2009 among the status of study by grades and subjects according to Subparagraph 4 of the attached Table 1, and the application status of the evaluation of academic achievement and the ratio of three levels, (more than ordinary scholastic ability, basic scholastic ability, insufficient in basic scholastic ability), as a result of the national evaluation of academic achievements among the matters relating to basic data for academic study on the evaluation of academic achievements in the State or City/Do level according to Subparagraph 12 of the attached table shall be published from the evaluation results performed in 2010, and the improvement degree, (higher than ordinary scholastic ability, and insufficient for scholastic ability), compared to the prior year as a result of the national evaluation on the academic achievement, shall be published from the evaluation results to be performed in 2011. The principal of higher education institutes shall publish the evaluation results to be performed in 2009 for the university evaluation results according to Article 11-2 of the "Higher Education Act" among the matters in regard to education conditions and school operation status pursuant to Article 13 of the attached Table 2.