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ENFORCEMENT DECREE OF THE EARLY CHILDHOOD EDUCATION ACT

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

CHAPTER I. GENERAL PROVISION

Article 1 (Purpose)

The purpose of this decree is to define the matters delegated by the Early Childhood Education Act and other matters necessary for the enforcement hereof. Article 2 (Duties of the Chairperson of Early Childhood Education and Nursery Committee)

The chairperson (hereinafter referred to as the "chairperson") of the Early Childhood Education and Nursery Committee in accordance with Article 4 of the Early Childhood Education Act (hereinafter referred to as the "Act") shall represent the Early Childhood Education and Nursery Committee and exercise overall control of the affairs of the Early Childhood Education and Nursery Committee.

The chairperson shall convene the meeting of the Early Childhood Education and Nursery Committee and preside over such meeting.

The Vice Minister of Education, Science and Technology shall be the vice chairperson and assist the chairperson and perform the duties of the chairperson where the latter is unable to perform his/her duties due to unavoidable reasons. The term of office for members who are not public officials shall be two years and may be reappointed only once; provided, however, that the term of office for any member filling a vacancy shall be the remainder of the term of office for his predecessor. Article 3 (Operation of Early Childhood Education and Nursery Committee) The Early Childhood Education and Nursery Committee shall be convened with the attendance of a majority of the registered members and resolved with the consenting vote of a majority of those present members.

The chairperson of the Early Childhood Education and Nursery Committee may, where he/she deems necessary to perform the affairs of the Early Childhood Education and Nursery Committee, request heads of administrative agencies, institutions and organizations concerned to furnish material or put forth their opinions. Members of the Early Childhood Education and Nursery Committee who are present at its meetings may be paid allowances and travel expenses within the limits of budget; provided, however, that the same shall not apply to the case where any public official who is a member attends its meeting in connection with his/her official business. The Early Childhood Education and Nursery Committee shall have two secretaries in charge of administrative affairs and the secretaries shall be appointed among bureau chiefs or director generals in charge of the early childhood education and nursery policies in the Ministry of Education, Science and Technology and the Ministry of Health, Welfare and Family Affairs. The secretaries may attend any meeting of the Early Childhood Education and Nursery Committee to put forth their opinions.

The chairperson shall prescribe necessary matters concerning the operation of the Early Childhood Education and Nursery Committee other than the matters prescribed in this Decree after undergoing a deliberation by the Early Childhood Education and Nursery Committee.

Article 4 (Chairperson of Early Childhood Education Committee Etc.) The Vice Minister of Education, Science and Technology shall be the chairperson of the Central Early Childhood Education Committee established under the Ministry of Education, Science and Technology under Article 5 of the Act, and the vice chairperson shall be elected from the members of the Central Early Childhood Education Committee and the members shall be commissioned or appointed by the Minister of Education, Science and Technology.

The chairperson of the City and Do Early Childhood Education Committee established in the Offices of Education of Special Metropolitan City, Metropolitan City and Do (hereinafter referred to as the "City/Do") under Article 5 of the Act shall be the Vice Superintendent of the Office of Education of the relevant City/Do, and the vice chairperson shall be elected among the members, and the members shall be commissioned or appointed by the Superintendent of the Office of Education of the relevant City/Do (hereinafter referred to as the "Superintendent of the Office of Education").

Article 5 (Composition of Early Childhood Education Committee) The chairperson (hereinafter referred to as the "chairperson") of the Central Early Childhood Education or the City/Do Early Childhood Education Committee (hereinafter referred to as the "Early Childhood Education Committee") shall represent the Early Childhood Education Committee and exercise overall control of the affairs of the Early Childhood Education Committee.

The chairperson shall convene the meeting of the Early Childhood Education Committee and preside over such meeting.

The vice chairperson shall assist the chairperson and shall perform the chairperson's duties where the latter is unable to perform his/her duties due to unavoidable reasons. The Early Childhood Education Committee shall consist of 9 to 15 members including one chairperson and one vice chairperson. The term of office for the members who are not public officials shall be two years, and they may be reappointed only once: provided, however, that the term of office for any member filling a vacancy shall be the remainder of the term of office for his/her predecessor.

Article 6 (Operation of Early Childhood Education Committee) The Early Childhood Education Committee shall be convened with the attendance of a majority of the total registered members and resolved with the consenting vote of a majority of those present.

The chairperson of the Early Childhood Education Committee may, where he/she deems necessary to perform the affairs of the Early Childhood Education Committee, request the heads of administrative agencies, institutions and organizations to furnish material or put forth their opinions.

Members of the Early Childhood Education Committee who are present at its meetings may be paid allowances and travel expenses within limits of budget: provided, however, that the same shall not apply where any public official who is a member attends its meeting in connection with his/her official business. The Early Childhood Education Committee shall have one secretary in charge of administrative affairs, and the secretary shall be appointed by the Minister of Education, Science and Technology and the Superintendent of the Office of Education among their public officials.

The secretary may attend any meeting of the Early Childhood Education Committee to put forth his/her opinions.

The chairperson shall prescribe necessary matters concerning the operation of the Early Childhood Education Committee other than that as prescribed in this Decree after undergoing a deliberation by the Early Childhood Education Committee. Article 7 (Commission of Affairs of Early Childhood Education) The Minister of Education, Science and Technology and the Superintendent of the Office of Education may commission the affairs of early childhood education under Article 6 (1) of the Act to any research institute or any organization related to the early childhood education. The Minister of Education, Science and Technology and the Superintendent of the Office of Education may provide the research institute or the organization commissioned in accordance with the Paragraph (1) with subsidies necessary to cover expenses incurred by the performance of the affairs.

The Minister of Education, Science and Technology and the Superintendent of the Office of Education shall, where they intend to commission the affairs of early childhood education, publish in advance standards, procedures and methods of the commission on their bulletin board or on their internet home page.

Any person who intends to be commissioned to perform the affairs of early childhood education shall file an application with items falling under any of the following subparagraphs and present it to the Minister of Education, Science and Technology or the Superintendent of the Office of Education. In this case, the public official in charge shall confirm the certified copy of the register of corporation through a joint utilization of administrative information in accordance with Article 21(1) of the Act on Promotion of the Digitalization of Administrative Affairs for Creation of Electronic Government (limited to the cases where the applicant is a corporation) and shall, in the event that the applicant does not agree to the confirmation, have him/her submit it.

1. Business promotion plan;

2. Detailed statement or operation plan about the facilities, equipment and professional manpower needed to perform the affairs; and

3. Articles of incorporation (limited to the case of a corporation) The Minister of Education, Science and Technology and the Superintendent of the Office of Education shall, upon receiving any application for the commission of the affairs of early childhood education mentioned in Paragraph (4), determine whether to commission such affairs in consideration of the commission standards under Paragraph (3). CHAPTER II. ESTABLISHMENT AND OPERATION OF KINDERGARTEN Article 8 (Standards for Establishing Kindergartens) Matters concerning standards for establishing kindergartens (including special schools corresponding to such kindergartens, hereinafter the same shall apply) and other matters concerning facilities and equipment that persons who intend to establish kindergartens are required to secure in accordance with the provisions of Article 8 (1) of the Act shall be determine by the Presidential Decree.

Article 9 (Application for Authorization for Establishing Private Kindergartens etc.)

Any person who intends to obtain an authorization for establishing a private kindergarten under Article 8 (2) of the Act shall file an application with items falling under any of the following subparagraphs and present it to the Superintendent of the Office of Education.

1. Objective;

2. Title;

3. Location;

4. Rules of kindergarten;

5. Deleted;

6. A plane map showing kindergarten sites, buildings and playgrounds;

7. Date on which the kindergarten is scheduled to open;

8. In the case that the founder is a corporation, a document showing its registration and the amount of his/her investment;

9. In the case that the founder is a private person, a document showing the payment of costs and his/her financial ability to bear such costs; and

10. A document attesting the qualification certificate of a person who is to be appointed as the superintendant of the kindergarten.

The founder or operator of any private kindergarten who intends to obtain an authorization for closing down his/her private kindergarten under Article 8 (3) of the Act shall file an application with items falling under any of the following subparagraphs and present it to the Superintendent of the Office of Education:

1. Grounds for closing down the kindergarten;

2. Plans for supporting kindergartners and disposing of facilities and equipment; and

3. Date on which the kindergarten is shut down. The term "important matters prescribed by the Presidential Decree" in Article 8 (3) of the Act means the founder and operator of the kindergarten and matters provided under Paragraph (1) through (6).

The founder or operator of any private kindergarten who intends to obtain an alteration authorization under Article 8 (3) of the Act shall file an application with items falling under any of the following subparagraphs and present it to the Superintendent of the Office of Education.

1. Grounds of alteration;

2. Matters subject to alteration; and

3. Date of alteration. Article 10 (Matters Entered in Kindergarten Rules) Matters falling under each of the following subparagraphs shall be stated in the kindergarten rules as provided under Article 10 of the Act.

1. Fixed period of education, the semesters and non-teaching days;

2. Organizing of classes and the quota for kindergartners;

3. Contents of education;

4. Number of teaching days and methods of running classes;

5. Admission, readmission, transfer admission, transfer to other kindergarten, leave of absence from the kindergarten, dismissal from the kindergarten, completion of kindergarten courses and graduation from the kindergarten

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

7. Procedures for amending the kindergarten rules; and

8. Other matters that are prescribed by the guidance and supervisory agency (hereinafter referred to as the "competent agency") under Article 18 (1) of the Act. Article 11 (Semester)

The school year under Article 12 (3) of the Act shall be divided into two semesters. The first semester shall last from March 1st to the date determined by the superintendant of the kindergarten (hereinafter referred to as the "head of kindergarten") taking into consideration the number of the teaching days, the number of non-teaching days and the operation of the curriculum, while the second semester shall last from the next day after the last day of the first semester to the end of February of the next year. Article 12 (Number of Teaching Days)

The number of teaching days of every kindergarten under Article 12 (3) of the Act shall be determined by the superintendant of kindergarten based on the standard of more than 180 days per school year: provided, however, that the superintendant of kindergarten may, in the event that it is necessary for the operation of the curriculum such as a natural disaster, a five-day teaching per week or operation of a research school and so forth, reduce the number of teaching days within the range of 1/10 after obtaining approval from the competent agency.

Article 13 (Organizing of Classes)

The organization of classes of every kindergarten under Article 12 (3) of the Act shall be based on the same age group: provided, however, that, in the event that it is especially necessary for the operation of the curriculum, mixed-age classes may be organized. Article 14 (Non-Teaching Days Etc.)

The non-teaching days of kindergarten under Article 12 (3) of the Act shall be determined by the superintendant of every kindergarten taking into consideration the request from guardians and community circumstances prior to the commencement of every school year, and the legal holidays of public offices as well as summer and winter vacations shall be included in such non-teaching days. The superintendant of every kindergarten may temporarily suspend its teaching in the event that natural disasters or other urgent situations occur. In this case, the superintendant of the relevant kindergarten shall promptly report the temporal suspension of the teaching to the competent agency. Article 15 (Completion and Graduation)

The superintendant of every kindergarten shall recognize the completion of study courses and the graduation of kindergartners taking into consideration the completion of the curriculum by kindergarteners in accordance with the conditions as prescribed by the kindergarten rules.

Article 16 (Number of Classes and Kindergartners) The number of classes and the number of kindergartners per class shall be determined by the competent agency.

Article 17 (Plan for Accommodating Kindergartners) The competent agency shall develop a plan to accommodate kindergartners by the school year in order to ensure the appropriate accommodation of kindergartners by kindergartens under its jurisdiction.

Article 18 (Establishment and Operation of Foreign Kindergartens) Standards for establishing foreign kindergartens, curriculum, years required for graduation, and the recognition of learning attainments in accordance with the provisions of Article 16 of the Act and other necessary matters concerning the establishment and operation of foreign kindergartens shall be prescribed by Presidential Decree.

Article 19 (Academic Guidance)

While conducting the academic guidance under Article 18 (2) of the Act, the Ministry of Education, Science and Technology and the Superintendent of the Office of Education shall develop a detailed plan on objects, procedures, categories, methods and result handling processes for each school year's academic guidance and notify the kindergartens subject to the academic guidance.

Article 20 (Objects of Evaluation)

The evaluation of kindergartens under Article 19 (2) of the Act shall be conducted on national, public and private kindergartens.

Article 21 (Standards of Evaluation)

The evaluation of kindergartens under Article 19(2) of the Act shall be conducted based on the standards falling under each of the following subparagraphs.

1. Compilation and operation of budgets;

2. Facilities and equipment of kindergartens;

3. Compilation and operation of the curriculum and teaching and learning methods;

4. Personnel management and welfare of teachers and staff personnel; and

5. Other matters that are recognized as being necessary by the Minister of Education, Science and Technology.

Article 22 (Evaluation Procedures, Etc.)

The Minister of Education, Science and Technology shall develop a basic plan for evaluating kindergartens by the time of commencement of every school year and notify it to the kindergartens subject to the evaluation of such basic plan.

The Minister of Education, Science and Technology shall, where he/she makes an evaluation of kindergartens, make the evaluation of kindergartens based on the written evaluation, on-the-spot evaluation and comprehensive evaluation. Additionally, by using various methods such as questionnaires and interviews, he/she shall survey the responses of teachers, staff personnel, kindergarteners and their parents towards the kindergarten subject to the evaluation and then reflect the results of the survey in the evaluation. The Minister of Education, Science and Technology shall publish the results of the evaluation to the public.

The Minister of Education, Science and Technology may set up and operate an evaluation committee in order to ensure the efficient conduct of the evaluation. Other necessary matters concerning the evaluation of kindergartens shall be determined by the Minister of Education, Science and Technology.

CHAPTER III. TEACHER AND STAFF PERSONNEL

Article 23 (Standards for Arranging Kindergarten Teachers and Staff personnel) Under Article 20 of the Act, every kindergarten shall arrange more than one teacher to a class and have him/her take charge of the class in addition to the superintendant and vice superintendant of the kindergarten: provided, however, that, with respect to any kindergarten having not more than two classes, the superintendant and the vice superintendant may take charge of the classes.

The term "kindergarten the size of which is smaller than a certain size set by the Presidential Decree" in Article 20(1) of the Act means the kindergarten having not more than two classes.

Any kindergarten that operates an all-day system may place one teacher in charge of the all-day system in addition to teachers in charge of classes, and the standards for arranging the teacher in charge of the all-day system by kindergarten shall be determined by the competent agency.

Every kindergarten may have the number of assistant teachers on its payroll in accordance with the classification falling under each of the following subparagraphs: provided, however, that any kindergarten having not more than 11 classes and is designated by the Minister of Education, Science and Technology as a research school may have one more assistant teacher than the number set according to the classification falling under each of the following subparagraphs:

1. One assistant teacher for the kindergarten with three and five classes;

2. Two assistant teachers for the kindergarten with six and eleven classes; and

3. Three assistant teachers for the kindergarten with not less than twelve classes. The titles of assistant teachers as provided under Paragraph (4) shall be determined by the competent agency, and the types of assistant teachers and the division of their duties shall be determined by the superintendant of the kindergarten concerned. Article 24 (Standards for Arranging Staff personnel) Every kindergarten may, where necessary, have more than one staff personnel on its payroll under Article 20 (2) of the Act, and the standards for arranging staff personnel by kindergarten shall be set by the competent agency. Article 25 (Teachers and Staff Personnel of Special Schools) The superintendant of every special school may, where necessary, have more teachers and staff personnel on its payroll despite the provisions of Articles 23 and 24. Article 26 (Qualifications for Teachers)

Qualification examination for kindergarten teachers in accordance with the regulations of Article 22 of the Act and necessary matters concerning the organization, the authority and the operation of the Kindergarten Teacher Qualification Examination Committee shall be determined by the Presidential Decree.

Article 27 (Lecturers etc.)

Lecturers in accordance with the regulations of Article 23 of the Act shall be those who fall under the qualification standards of the attached Table. In the case of any national and public kindergarten, the superintendant of such national and public kindergarten shall appoint them. In the case of any private kindergarten, the manager of the relevant corporation or such private kindergarten shall appoint them: provided, however, that, in the case of any private kindergarten, the authority to appoint them may be delegated to the superintendant of such private kindergarten under the conditions as prescribed by the Articles of incorporation of the relevant corporation. Article 28 (Education and Training for Teachers)

The Minister of Education, Science and Technology and the Superintendent of the Office of Education shall educate and train kindergarten teachers on a regular basis in order to improve their qualifications and abilities.

The Minister of Education, Science and Technology and the Superintendent of the Office of Education shall, where they develop and implement various programs for educating and training teachers, treat the kindergarten teachers equally with other teachers and shall not discriminate them.

CHAPTER IV. EXPENSE

Article 29 (Children Eligible for Free Education Etc.) Free education for children of the immediately preceding year prior to their enrollment into elementary school under Article 24 (1) of the Act shall be implemented to children who reaches 5 years old as of January 1st every year, and children falling under any of the following subparagraphs shall be preferentially made eligible for such free education within the limits of budget.

1. Children of beneficiaries in accordance with Article 5 of the National Basic Living Security Act;

2. Children who reside on islands and in remote areas in accordance with the provision of Article 2 of the Act on the Promotion of Education in Islands and Remote Areas; and

3. Children who reside in the Eup and Myun area. The free education for children other than those in Paragraph (1) shall be gradually expanded within the limits of budget.

Children who are made eligible for the free education in accordance with the Paragraph (1) shall not be affected by any change of the administrative area. Article 30 (Standards for Determining Socially Vulnerable Areas) The scope of the area that becomes the standard for determining the socially vulnerable area under Article 25 (2) of the Act shall be provided under any of the following subparagraphs.

1. Areas subject to the payment of allowances to public officials who work in the special area under Article 12 of the Regulations Governing Allowances for Public Officials;

2. Areas subject to the payment of allowances to local public officials who work in the special area in accordance with the provisions of Article 12 of the Regulations Governing Allowances for Local Public Officials;

3. Islands and the remote areas in accordance with the provisions of Article 2 of the Act on the Promotion of Education in Islands and Remote Areas; or

4. Other areas recognized as being necessary by the Minister of Education, Science and Technology and the Superintendent of the Office of Education. Article 31 (Scope of Children of Low-Income Brackets) The term "children of the low-income brackets prescribed by the Presidential Decree" in Article 26 (1) of the Act means the children who fall under the standards that are set every year by the Minister of Education, Science and Technology in consideration of the types of households, income levels and properties after consultations with the Minister of Strategy and Finance.

Article 32 (Support for Private Kindergartens)

The Minister of Education, Science and Technology and the Superintendent of the Office of Education shall financially support private kindergartens in order to help them cover all or part of the costs and expenses required for matters falling under any of the following subparagraphs within the limits of budget

1. Costs used to establish private kindergartens;

2. Expenses used to pay teachers' salaries and train teachers;

3. Expenses used to purchase teaching materials and tools; and

4. Other costs and expenses recognized as being necessary by the Minister of Education, Science and Technology and the Superintendent of the Office of Education. Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor and the head of the City, Gun and Gu may financially support private kindergartens in order to help them cover all or part of the costs and expenses required for matters in accordance with each subparagraph of Paragraph (1) under the conditions as prescribed by their respective ordinances.

Article 33 (Support for Operation of All-Day System) The Minister of Education, Science and Technology and the Superintendent of the Office of Education may financially support kindergartens that operate the all-day system and the number of teaching days in excess of the number of teaching days by the provisions of Article 12 in order to help them cover all or part of the costs and expenses required for the following matters within the limits of budget under Article 27 of the Act.

1. Costs used to improve the educational environment;

2. Expenses used to pay salaries;

3. Costs used to purchase teaching materials and tools; and

4. Other expenses and costs recognized as being necessary by the Minister of Education, Science and Technology and the Superintendent of the Office of Education. The Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor and the head of the City, Gun and Gu may financially support kindergartens that operate the all-day system and the number of teaching days in excess of the number of teaching days in Article 12 in order to help them cover all or part of the costs and expenses required for matters falling under any subparagraph of Paragraph (1) under the conditions as prescribed by their respective ordinances. CHAPTER V. SUPPLEMENTARY PROVISION

Article 34 (Delegation of Authority)

Under Article 29 of the Act, the Minister of Education, Science and Technology shall delegate the authority of recognizing the qualification certification for the heads of kindergartens in the attached Table 1 of the Act to the Superintendent of the Office of Education

Article 35 (Submission of Opinions)

Where any kindergarten intends to take measures to reduce the quota of kindergartners by the provisions of Article 30 (2) of the Act, the competent agency shall give persons subject to such measures an opportunity to put forth their opinions orally or in writing within a fixed period of more than 10 days. In this case, if the persons fail to put forth their opinions within the fixed period without any justifiable reasons, they shall be deemed to have no opinions to put forth.

Article 36 (Close-down of Kindergartens)

Where the competent agency orders the close-down of any kindergarten by the provisions of Article 32 (1) of the Act, the founder and the operator of the relevant kindergarten shall submit a document stating ways to deal with the kindergartners and the basic property of the relevant kindergarten to the competent agency within three months from the date on which he/she is ordered to close down his/her kindergarten. ADDENDA

This Decree shall be enforced as of March 1st, 2009.