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ENFORCEMENT DECREE OF THE SPECIAL ACT ON ESTABLISHMENT AND MANAGEMENT OF FOREIGN EDUCATIONAL INSTITUTIONS IN FREE ECONOMIC ZONES AND JEJU FREE INTERNATIONAL CITY

Ministry of Education, Science and Technology (Education Welfare Policy Division) Tel.: 02-2100-6345

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City and those necessary for the enforcement thereof. Article 2 (Standards for Establishment of Foreign Educational Institutions such as Facilities, Equipment, Etc.)

(1) The standards for preschool, elementary and secondary educational institutions among the standards for establishing foreign educational institution such as facilities and equipment, etc. pursuant to the provisions of Article 5 (1) of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City (hereinafter referred to as the "Act") shall be in accordance with the following subparagraphs:

1. Procuring school buildings (including rental thereof) as prescribed by the provisions of Article 3 of the Regulations on Establishment and Management of Various Levels of Schools below High School;

2. Procuring school sites (including rental thereof) as prescribed by the provisions of Article 6 of the Regulations on Establishment and Management of Various Levels of Schools below High School;

3. Procuring teachers as prescribed by the provisions of Articles 33 through 35 of the Enforcement Decree of the Elementary and Secondary Education Act; and

4. Procuring profit-making endowments of the value of which is equivalent to at least half of the annual operating revenues of the school account, or subscribing to guarantee insurance corresponding to the insurance money of which is equivalent to the value as prescribed by the provisions of Article 13 (1) of the Regulations on Establishment and Management of Various Levels of Schools below High School. (2) The standards for establishment of higher educational institutions among the standards for establishment of foreign educational institutions, such as facilities, equipment, etc. according to the provisions of Article 5 (1) of the Act shall be in accordance with the following subparagraphs:

1. Procuring classrooms, laboratories, offices for professors, libraries, etc. in the school buildings (including the rental thereof) as prescribed by the provisions of Article 4 of the Regulations on Establishment and Management of Universities;

2. Procuring the school site (including the rental thereof) as prescribed by the provisions of Article 5 of the Regulations on Establishment and Management of Universities;

3. Procuring teachers as prescribed by the provisions of Article 6 of the Regulations on Establishment and Management of Universities; and

4. Procuring profit-making endowments of the value of which is equivalent to the annual operating revenues of the school account, or subscribing to guarantee insurance, of which the insurance money is equivalent to the value prescribed by the provisions of Article 7 of the Regulations on Establishment and Management of Universities (excluding the portion concerning the duties for securing amounts prescribed by subparagraphs of paragraph (1) of the same Article).

(3) When intending to establish new classes, departments or schools, or to increase the student quota, a foreign educational institution shall meet the standards for the entire matters including the portions of increase or new establishments as prescribed in this Decree. (4) The term "other matters prescribed by the Presidential Decree" in Article 5 (4) of the Act refers to the founder and the administrator of the school, and the matters under subparagraph 14 of Article 3 (1).

Article 2-2 (Special Cases of Graduate School Universities and Colleges) (1) In the cases of graduate school universities and colleges under Article 30 of the Higher Education Act, the term "200 persons" in the latter part of Article 4 (3) of the Regulations on Establishment and Management of Universities shall be regarded as "100 persons" in terms of procuring the facilities and equipment under subparagraph 1 of Article 2 (2). (2) In the cases of the graduate school universities and colleges under Article 30 of the Higher Education Act, school buildings and school sites under subparagraphs 1 and of Article 2 (2) may be secured by leasing part of the buildings and part of the land therefor. [This Article Newly Inserted by Presidential Decree No. 20067, May 25, 2007] Article 3 (Application for Approval of Establishment of Foreign Educational Institution) (1) Any person intending to establish a foreign educational institution shall prepare the documents containing matters falling under any of the following subparagraphs and apply to the Minister of Education, Science and Technology for approval of establishment of a foreign educational institution according to the provisions of Article 5 (2) of the Act:

1. Trade name;

2. Purpose of establishment;

3. Location;

4. Representative;

5. School regulations;

6. Charter of the school;

7. Operating plans for academic affairs (including departments, majors, student quota and curriculum, etc.);

8. Financial operating plans for four years following the opening of the school;

9. Current situation of the school buildings;

10. Current situation of facilities such as equipment for experiments and practical exercises;

11. Current status of profit-making endowments;

12. List of teachers;

13. Scheduled date of opening;

14. Plans for annexed schools (if any);

15. Verification for establishment plans of the foreign school foundation for the foreign educational institution; and

16. Written memorandum of understanding on the establishment and management of a foreign educational institution between the same institution and a Free Economic Zone or Jeju Free International City.

(2) When a person intending to establish a foreign educational institution has applied for approval of establishing a foreign educational institution according to the provisions of paragraph (1), the Minister of Education, Science and Technology shall approve the application through the deliberation by the Deliberation Committee for Establishment of Foreign Educational Institutions pursuant to the provisions of Article 4: Provided, that an application for approval of establishing a foreign educational institution in a Free Economic Zone shall pass the deliberation of the Deliberation Committee for Establishment of Foreign Educational Institutions prior to the deliberation and resolution of the Free Economic Zone Committee pursuant to the provisions of Article 22 (2) of the Special Act on Designation and Management of Free Economic Zones.

Article 4 (Establishment and Functions of Deliberation Committee for Establishment and Operation of Foreign Educational Institutions )

(1) The Deliberation Committee for Establishment and Operation of Foreign Educational Institutions (hereinafter referred to as the "Committee") shall be established in the Ministry of Education, Science and Technology to deliberate on necessary matters concerning the approval of establishment and operation of foreign educational institutions.

(2) The Committee shall deliberate on matters falling under any of the following subparagraphs.

1. Matters concerning the establishment of foreign educational institutions approved by the Minister of Education, Science and Technology pursuant to the provisions of Article 5 of the Act;

2. Matters concerning adjustment of the ratio of number of domestic students admittable to foreign educational institutions under the proviso of Article 10 (1) of the Act and the ratio of the number of domestic students admittable to public-operated foreign educational institutions under Article 15 (1) 1 of the Act;

3. Matters concerning the closure of foreign educational institutions pursuant to the provisions of Article 16 of the Act;

4. Matters concerning the revocation of establishment approval, closure of departments, or suspension of student recruitment pursuant to the provisions of Article 17 (2) of the Act; and

5. Other matters requested by the Minister of Education, Science and Technology concerning approval, etc. for the establishment of foreign educational institutions. Article 5 (Organization of Committee)

(1) The Committee shall be organized with seven to nine members including the chairperson. (2) The Minister of Education, Science and Technology shall appoint or commission as members from persons who have profound experience in educational administration, among those who may represent the views of a wide variety of fields, including the educational area, education-related groups or industrial areas. The term of office for members shall be one year, which may be renewed. (3) The chairperson shall be elected from the members, represent the Committee, and administer the overall business of the Committee. (4) The chairperson shall convene and preside over meetings of the Committee. (5) Any meeting of the Committee shall be opened with the attendance of a majority of the registered members, and conclude a resolution with majority votes of the present members. (6) The Committee shall have an executive secretary and a clerk to deal with administrative affairs of the Committee, who shall be appointed by the Minister of Education, Science and Technology among public officials belonging to the Ministry of Education, Science and Technology. Article 6 (Standards for Deliberation on Establishment of Foreign Educational Institutions)

The Committee shall include matters falling under any of the following in the matters for deliberation on the establishment of foreign educational institutions:

1. Standards for establishment, such as facilities, equipment, etc. pursuant to the provisions of Article 2;

2. Legal status of the founder of a foreign educational institution in their home country;

3. International reputation of the academic fields to be established and operated;

4. Feasibility and realizability of plans for establishment and operation;

5. Ideology for establishment of the school; and

6. Educational demand and location conditions of the prospective school site. Article 7 (Student Quota)

(1) The "quota related to fostering human resources as prescribed by the Presidential Decree" under the text of Article 10 (1) of the Act shall be matters falling under any of the following subparagraphs:

1. Quota related to fostering teachers; and

2. Quotas related to fostering the human resources falling under any of the following items: (a) medical personnel pursuant to the provisions of Article 2 (1) of the Medical Service Act; (b) medical technicians pursuant to the provisions of Article 1 of the Medical Technicians, etc. Act;

(c) pharmacists and herbalists pursuant to the provisions of subparagraph 2 of Article 2 of the Pharmaceutical Affairs Act; and

(d) veterinarians pursuant to the provisions of Article 2 (1) of the Veterinarians Act. (2) When determining the matters relating to subparagraph 2 of paragraph (1), the Minister of Education, Science and Technology shall consult with the head of the central administrative agency concerned.

(3) The ratio of domestic students admittable to a foreign educational institution according to the proviso to Article 10 (1) of the Act shall in accordance to the following subparagraphs:

1. For foreign educational institutions other than public-operated foreign educational institutions under subparagraph 1 of Article 15 (1) of the Act: it shall be the ratio adjusted by the Committee within the scope of not more than 30 percent of the enrolled students of the relevant foreign educational institutions at the time of enrollment (the calculation of the number of domestic students and enrolled students are made by including the number of students to enroll, and hereinafter the same shall apply in this Article); and

2. For public-operated foreign educational institutions under subparagraph 1 of Article 15 (1): it shall be within the scope of five percent of the number of enrolled students of the relevant public-operated foreign educational institution at the time of enrollment; however, for the first five years after the first students commence attending such schooling, the same ratio shall be adjusted by the Committee within the limit of 15 percent of the number of the enrolled students of the relevant public-operated foreign educational institutes at the time of enrollment.

(4) To facilitate the attraction of foreign educational institutions at the initial stage, notwithstanding the provisions of paragraph (3), the ratio of domestic students admittable to a foreign educational institution which applies for establishment approval by Dec. 31, 2011 shall be within 30 percent of the student quota of the said foreign educational institution for the first five years after the first students begin attending the school.

(5) The number of domestic students admittable to foreign schools in accordance with Article 10 (2) of the Act shall be within the limit of 30 percent of the student quota of such foreign school, but the Superintendent of the Office of Education may raise the ratio of domestic students admittable to foreign schools within the limit of 20 percent in accordance with 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 8 Deleted. Article 9 (Designation of Foreign Educational Institution for Which Academic Career is Recognized)

(1) Any foreign educational institution intending to be designated as a foreign educational institution, for which the academic career is recognized pursuant to the provisions of Article 11 of the Act, shall organize and operate elementary or secondary education curricula so that domestic students may complete at least two courses for two or more hours per week including Korean language and social studies (referring to `wise living' for the first and second grades, and Korean history for eighth grade through tenth grade). (2) Domestic students who have graduated from a foreign educational institution designated pursuant to the provisions of paragraph (1) shall be deemed to have the same academic career as those who have graduated from elementary, middle or high school based on the completed years of study.

(3) Any foreign educational institution, which intends to be designated pursuant to the provisions of paragraph (1), shall submit plans for the organization and operation of curricula under paragraph (1) to the Minister of Education, Science and Technology. Article 10 (Application, Etc. for Financial Support) Any foreign school foundation or foreign educational institution seeking to receive support from the State or local governments pursuant to the provisions of Article 14 of the Act shall file an application form stating its operating objectives; and a foreign educational institution which has received financial support shall not use such support for any purposes other than its stated operating objectives.

Article 11 (Standards for Closure Approval for Foreign Educational Institution) (1) Where a foreign school foundation, etc. intends to apply for approval of closing its foreign educational institution pursuant to the provisions of Article 16 of the Act, it shall file an application to the Minister of Education, Science and Technology attached with the documents falling under each of the following subparagraphs.

1. Reasons for closure;

2. Scheduled date of closure;

3. Methods of dealing with students and school register;

4. Plans for dealing with the faculty; and

5. Plans for disposition of residual assets. (2) When receiving the application for the closure approval according to the provisions of paragraph (1), the Minister of Education, Science and Technology shall approve it through deliberation by the Committee.

Article 12 (Charter of School)

Any person who intends to establish a foreign educational institution shall include matters falling under any of the following subparagraphs in the charter of the school pursuant to the provisions of subparagraph 6 of Article 3, and announce it publicly within one month from the date the establishment approval is received:

1. Mission for establishment of the foreign educational institution;

2. Plans for operating academic affairs;

3. Plans for financial operation;

4. Plans for securing educational and research facilities and equipment;

5. Plans for personnel management and welfare benefits of the faculty and staff;

6. Plans for welfare benefits and guidance of students; and

7. Plans for the long-term development of the foreign educational institution. Article 13 (Guidance and Supervision of Foreign Educational Institutions) (1) The head of foreign educational institution shall submit a statement of current status of student quota, facilities, equipment and teachers maintained as of April 1 of each year to the Minister of Education, Science and Technology by April 30 of the corresponding year. (2) The Minister of Education, Science and Technology may ask for submission of documents falling under any of the following subparagraphs for the purpose of guidance and supervision of foreign educational institutions pursuant to the provisions of Article 9 of the Act:

1. Operational plans and a budget statement for the following academic year;

2. Operational performance and a statement of account settlement for the current school year;

3. List of assets as of the end of the current school year; and

4. Other related documents, ledgers and reference materials deemed necessary for supervising administrative affairs.

Article 14 (Delegation of Authority)

The Minister of Education, Science and Technology shall delegate his/her authority to the Superintendent of the Office of Education of the Seoul Special Metropolitan City, the Metropolitan City or Do in respect to matters falling under any of the following subparagraphs for preschool, elementary and secondary educational institutions among foreign educational institutions according to the provisions of Article 21 of the Act:

1. Registration of establishment, etc. pursuant to the provisions of Article 6 of the Act;

2. Guidance and supervision pursuant to the provisions of Article 9 of the Act;

3. Recognition of academic career pursuant to the provisions of Article 11 of the Act;

4. Corrective orders, etc. pursuant to the provisions of Article 17 of the Act;

5. Liquidation of foreign educational institutions pursuant to the provisions of Article 20 of the Act; and

6. Imposition of fine for negligence pursuant to the provisions of Article 24 of the Act. Article 15 Deleted. (By Presidential Decree No. 21590, Jun. 30, 2009) ADDENDUM (Presidential Decree of Partial Amendment of the Enforcement Decree of the Building Act, etc. for the Temporary Suspension of Administrative Regulations) Article 1 (Effective Date)

This Decree shall enter into force on Jul. 1, 2009. Provided, that the amended provisions of Article 8 and 9 shall enter into force on Jan. 1, 2010. Article 2 (Effective Period, etc. in Accordance with the Amendment of the Enforcement Decree of the Farmland Act)

(1) The amended provisions of subparagraph 46 of the attached Table 2 of the Enforcement Decree of the Farmland Act shall be effective until Jun. 30, 2011. (2) The amended provisions of subparagraph 46 of the attached Table 2 of the Enforcement Decree of the Farmland Act shall apply starting from the first application for permission for diversion of farmland (including the cases of permission for modification and cases for authorization or permission where the authorization or permission for modification of diversion of farmland is legally fictionalized under other Acts, and the same shall apply hereinafter in this paragraph) or report on diversion of farmland (including report on modification of diversion of farmland, and the same shall apply hereinafter in this paragraph); and the same provisions shall apply to the application for permission for or report on diversion of farmland made by Jun. 30, 2011. Article 3 (Examples of Application in Accordance with the Amendment of the Enforcement Decree of the Tourism Promotion Act)

The amended provisions of subparagraph 1 of Article 32 of the Enforcement Decree of the Tourism Promotion Act shall apply starting from the first person who obtained approval or applied for approval of the project plan in accordance with Article 15 of the Act prior to the enforcement of this Decree.

Article 4 (Examples of Application, etc. in Accordance with the Amendment of the Enforcement Decree of the Industrial Sites and Development Act) (1) The amended provisions of Article 40 (2) of the Enforcement Decree of the Industrial Sites and Development Act shall apply starting from the first person who prepares the written plan for sale of lots after the enforcement of this Decree. (2) The matters delegated to the Municipal Ordinances in accordance with the provisions of Article 40 (2) of the Enforcement Decree of the Industrial Sites and Development Act shall be in accordance with the previous provisions until the competent Municipal Ordinance is enacted or amended.

Article 5 (Transitional Measures in Accordance with the Amendment of the Enforcement Decree of the Employment Insurance Act)

The amended provisions of subparagraph 2 of Article 13 (1) of the Enforcement Decree of the Employment Insurance Act shall apply starting from the first place of business where the work hours is reduced in accordance with Article 13 (1) of the Enforcement Decree of the Employment Insurance Act.

Article 6 (Transitional Measures in Accordance with the Amendment of the Enforcement Decree of the Management and Support of Real Estate Development Business Act) The application of fine for negligence for the activities performed before the enforcement of this Decree shall be in accordance with the previous provisions. Article 7 (Transitional Measures in Accordance with the Amendment of the Enforcement Decree of the New Harbor Construction Promotion Act) For the person who is granted extension of the period for the application for approval of the implementation plan for the new harbor construction project in accordance with the previous provisions, and who is under such extended period at the time of enforcement of this Decree, the amended provisions of the latter part of Article 9 (5) of the Enforcement Decree of the New Harbor Construction Promotion Act shall apply; however, it shall be deemed that he/she is granted extension of the application period for one time according to the same amended provisions.

Article 8 (Transitional Measures in Accordance with the Amendment of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources) The application of fine for negligence for the activities performed before the enforcement of this Decree shall be in accordance with the previous provisions. Article 9 (Transitional Measures in Accordance with the Amendment of the Enforcement Decree of the Sewerage Act)

(1) The first reeducation in accordance with the amended provisions of item (a) of subparagraph 2 of Article 38 (2) of the Enforcement Decree of the Sewerage Act shall be conducted in the year of which the day five years from the date of completion of the most recent reeducation conducted before the enforcement of this Decree belongs. (2) The amended provisions of item (b) of subparagraph 2 of Article 38 (2) of the Enforcement Decree of the Sewerage Act shall apply starting from the first disposition of suspension of business taken.