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FRAMEWORK ACT ON EDUCATION

[Enforcement Date: Jun. 22, 2008] [Act No. 8915, Mar. 21, 2008, Partial Amendment] Ministry of Education, Science and Technology (Regulatory Reform Officer) Tel.: 02-2100-6155~6158

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to provide for the rights and duties of citizens and the obligations of the State and local governments on education, and prescribe an educational system and fundamental subjects for its operation.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 2 (Principle of Education)

The purpose of education is to enable every citizen to lead a life worthy of human and to contribute to the development of a democratic country and realization of an ideal of human co-prosperity by ensuring cultivation of character, development of abilities for independent life and necessary qualities as a democratic citizen under the humanitarian ideal. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 3 (Right to Learn)

Every citizen shall have a right to learn through life and to receive education according to his or her abilities and aptitudes.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 4 (Equal Opportunity of Education)

(1) No citizen shall be treated with discrimination in education for reasons of sex, religion, faith, race, social standing, economic status or physical conditions, etc. (2) The State and local governments shall prepare and implement policies for minimizing gaps in educational conditions, such as supply and demand of teachers, among the regions to enable learners to gain access to equal opportunities in education. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 5 (Educational Independence)

(1) The State and local governments shall guarantee educational independence and specialty, and establish and execute educational policies reflecting actual situations of regions.

(2) The autonomy in school administration shall be respected, and school personnel, students and their parents and local residents may participate in school operation as prescribed by the laws and regulations.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 6 (Educational Neutrality)

(1) Education shall be operated to perform its functions according to the purpose of the education per se and it shall not be used as a tool for propagating any political, factional or individual biased views.

(2) No school founded by the State or local governments shall conduct religious education in favor of any particular religion.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 7 (Educational Finance)

(1) The State and local governments shall establish and execute a policy necessary to secure stability of educational finances.

(2) Matters necessary for local education finance subsidies for stability of educational finance shall be determined separately by other Acts. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 8 (Compulsory Education)

(1) Compulsory education shall be elementary education for six years and secondary education for three years.

(2) Every citizen shall have a right to receive the compulsory education referred to in paragraph (1).

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 9 (School Education)

(1) Schools shall be established to conduct early childhood education, elementary education, secondary education and higher education.

(2) Schools shall be public in nature, and shall make efforts to maintain and develop sciences and cultural heritage and to promote the lifelong education of residents as well as educating students.

(3) School education shall be performed with an emphasis on education of the whole person, including the development of creativity and the cultivation of human nature of students. (4) Fundamentals of school education such as types, establishment and management of schools shall be determined separately by other Acts. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 10 (Social Education)

(1) All forms of social education for lifelong education of citizens shall be encouraged. (2) Completion of social education may be recognized as completion of school education equivalent thereto as provided by the laws and regulations. (3) Fundamentals for social education such as types, establishment and management of institutions for social education shall be determined separately by other Acts. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 11 (Establishment of Schools)

(1) The State and local governments shall establish and manage schools and institutions for social education.

(2) Any juristic person or an individual may establish and manage schools and institutions for social education as provided by other Acts.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] CHAPTER II PARTIES CONCERNED IN EDUCATION

Article 12 (Learners)

(1) Fundamental human rights of learners including students shall be respected and protected in the process of school education or social education. (2) Contents of education, educational methods, educational materials and educational facilities shall be provided to bring out learners' maximum abilities with respect for their personalities and emphasis on their individualities. (3) Any student shall establish sense of ethics as a learner, observe school regulations, and shall not interfere with teachers' educational or research activities nor disturb school order. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 13 (Guardians)

(1) Guardians such as parents shall have rights and obligations to educate sons and daughters or children under their care so that children grow up healthily with good human nature.

(2) Guardian such as parents may present their opinions on education of sons and daughters or children under their care to schools, and the schools shall respect their opinions. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 14 (School Teachers)

(1) Professionalism of teachers in school education shall be respected, economic and social status of school teachers shall be privileged, and their status shall be guaranteed. (2) School teachers shall make efforts to improve their characters and qualities as educators. (3) School teachers shall establish educational ethics as educators, and based on such ethics, guide to ethics in learning and instruct knowledge to students, and make efforts to develop aptitudes of each student.

(4) School teachers shall not guide or instigate students for the purpose of supporting or opposing any particular political party or faction. (5) School teachers may hold other public positions under the conditions as prescribed by the Acts.

(6) Matters necessary for appointment, service, remuneration, and pension of school teachers shall be prescribed separately by other Acts. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 15 (School Teachers' Organizations)

(1) School teachers shall make efforts to promote education and to advance culture through mutual cooperation, and they may form teachers' organizations in each local government and the central government to improve teachers' economic and social status. (2) Matters necessary for formation of teachers' organizations referred to in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 16 (Founders and Managers of Schools)

(1) Founders or managers of schools or institutions for social education shall secure facilities, equipments, finances and school teachers for education, and operate and manage them as provided by the laws and regulations.

(2) The heads of schools, founders or managers of institutions for social education shall select and educate learners under the conditions as prescribed by the laws and regulations, and record and manage the educational process such as academic performance records of learners.

(3) Educational contents of schools or institutions for social education shall be open to learners in advance.

Article 17 (State and Local Governments)

The State and local governments shall guide and supervise schools and institutions for social education.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] CHAPTER III PROMOTION OF EDUCATION

Article 17-2 (Promotion of Equal Education of Male and Female) (1) The State and local governments shall establish and implement the policies to realize the spirit of sexual equality more actively.

(2) The State or local government, and founders or managers of schools or institutions for social education referred to in Article 16 shall, without any reasonable grounds, not sexually discriminate, such as restricting on or excluding from participation or benefits on grounds of gender, in providing education.

(3) The policies under paragraph (1) shall include the educational program to emphasize on promoting such fields where female activities are insignificant, as sports, science and technology.

(4) The Deliberation Committee for Equal Education of Male and Female shall be established in order to provide to consult with the Minister of Education, Science and Technology (hereinafter referred to as the "Minister") on such matters as prescribed by Presidential Decree, including criteria for and contents of school curriculum for the promotion of sexual equality in school education. (5) Matters necessary for the qualification of members, organization and operation of the Deliberation Committee for Equal Education of Male and Female under paragraph (4) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 17-3 (Establishment of Learning Ethics)

The State and local governments shall establish and implement the policies necessary for making all citizens enable to establish the ethical senses required for all the processes of education, such as learning, researches, tests, etc. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 17-4 (Cultivation of Healthy Sex Consciousness) (1) The State and local governments shall establish and implement policies required to protect the dignity of students' sex and to cultivate healthy sentiments of sex. (2) The policies referred to in paragraph (1) shall include educational programs to have the dignity and personality of individual students respected and plans to provide education and convenient facilities, taking characteristics of each sex into account. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 18 (Special Education for the Handicapped) The State and local governments shall establish and manage schools for those who need special educational care due to physical, mental and intellectual disabilities and shall devise and implement the policies to support their education. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 19 (Special Education for Gifted Children) The State and local governments shall establish and implement the policies for education of gifted children in the fields of sciences, arts or athletics, etc. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 20 (Early Childhood Education)

The State and local governments shall establish and implement the policies to promote early childhood education.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 21 (Vocational Education)

The State and local governments shall establish and implement the policies for every citizen to receive education for developing vocational attainments and abilities through school education and social education.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 22 (Science and Technology Education)

The State and local governments shall establish and implement the policies to promote science and technology education.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 22-2 (Physical Education at Schools)

The State and local governments shall establish and implement policies to improve students' physical strength and to encourage their physical activities. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 23 (Informatization of Education)

The State and local governments shall establish and implement policies necessary for informatization of education such as providing support for education on informatization, and education through information and communication media, and promoting educational information industry.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 23-2 (Computerization of Affairs of Schools and Educational Organizations) The State and local governments shall devise policies for electronic processing of affairs of schools and educational organizations.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 23-3 (Principles of Protection of Student Information) (1) Student information such as student activities records shall be collected, processed, used or managed for educational purpose.

(2) Guardians such as parents shall have rights to access to the student information referred to in paragraph (1) on those under their care such as children. (3) The student information referred to in paragraph (1) may not be provided to a third party without consent from the relevant student (referring to the student and his guardians such as his parents in the case where the student is a minor) excluding the cases prescribed by the Acts.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 24 (Promotion of Science and Culture)

The State and local governments shall establish and implement the policies, such as establishment of academic and cultural institutions and support for research fund, in order to carry out research and promote sciences and culture. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 25 (Fostering Private Schools)

The State and local governments shall support and foster private schools, and shall ensure that various and distinctive purposes of founding private schools shall be respected. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 26 (Assessment and Certification System)

(1) The State may establish and operate a system on assessment of scholastic attainments and certification of capabilities so that citizens' academic records, etc. can be fairly evaluated and gain public recognition in society. (2) The assessment and certification system referred to in paragraph (1) shall be mutually linked to educational systems, such as school curriculum. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 26-2 (Opening of Information Related to Education) (1) The State and local governments shall open to the public the information related to education under their possession and control, in order to guarantee citizens' right to know and to learn.

(2) Fundamentals for opening to the public the information related to education referred to in paragraph (1) shall be prescribed separately by other Acts. [This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 27 (Promotion of Health and Welfare)

(1) The State and local governments shall establish and implement the policies to promote the health and welfare of students and school personnel.

(2) The State and local governments shall establish and implement the policies necessary for construction of welfare housing for students for safe dwelling environment of students.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 28 (Scholarships)

(1) The State and local governments shall establish and implement scholarships, educational expense subsidies, etc. for persons who have difficulty in receiving education due to economic reasons.

(2) The State may subsidize all or a part of school tuition and fees or other required expenses to those falling under the following subparagraphs:

1. Persons who are in educational programs to be teachers; or

2. Persons who major in or research, inside or outside the country, in fields especially needed by the State.

(3) Matters necessary for method and procedures, for granting scholarships and subsidies for educational expense, etc. and qualifications and obligations of those who are to be granted therewith referred to in paragraphs (1) and (2) shall be determined by Presidential Decree.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] Article 29 (Globalized Education)

(1) The State shall make efforts to provide globalized education for citizens to be equipped with attainments and abilities as members of global community. (2) The State shall provide policies to conduct school education or social education for Koreans residing abroad.

(3) The State shall provide policies on studying abroad to promote academic studies, and shall support education and research activities for better understanding of Korea to foreign countries and to establish the identity of Korean culture. (4) The State shall provide policies for educational cooperation with foreign governments and international organizations.

[This Article Wholly Amended by Act No. 8705, Dec. 21, 2007] ADDENDUM

This Act shall enter into force three months after its promulgation.