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SPECIAL ACT ON ENHANCEMENT OF TEACHERS' STATUS

[Enforcement Date: Mar. 14, 2008] [Act No. 8890, Mar. 14, 2008, Partial Amendment] Ministry of Education, Science and Technology (Teacher Policy Planning Division) Tel.: 02-2100-6310

Article 1 (Purpose)

The purpose of this Act is to enhance the status of teachers and strive for the development of education by improving treatment of teachers and consolidating the guaranty of their status. [This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 2 (Honorable Treatment of Teachers)

(1) The State, local governments and other public organizations shall make efforts to create such environment where teachers are socially respected, and so that they may be engaged in educational activities with great pride and a sense of duty. (2) The State, local governments and other public organizations shall pay special consideration so that the authorities of teachers are respected in educating and guiding students.

(3) The State, local governments and other public organizations shall treat teachers with courtesy in events, etc. held under their supervision, and cooperate positively so that teachers may smoothly perform educational activities. [This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 3 (Favorable Treatment of Teachers in Remuneration) (1) The State and local governments shall specially treat teachers with favorable remuneration.

(2) Any school foundations and private school operators as prescribed in Article 2 of the Private School Act shall maintain the remunerations of teachers of the schools established and operated by them at the same level with those of teachers of national and public schools. [This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 4 (Teachers' Privileges of Freedom from Arrest) No teacher shall be arrested in a school without consent of the head of the school to which he/she belongs, except in the case where he/she is a flagrante delicto. [This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 5 (Protection from Accidents at School)

(1) For the purpose of securing stable performance of teachers' duties through the protection of teachers and students from accidents occurring in the course of the installation and management of education facilities and educational activities in various levels of schools, the School Safety Management Mutual Aid Association shall be established and operated. (2) Matters concerning the School Safety Management Mutual Aid Association shall be separately determined by other Acts.

[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 6 (Guarantee, etc. of Teachers' Status)

(1) No teacher shall be suspended, demoted or dismissed from office against his/her will without any sentence of punishment, disciplinary action, or grounds prescribed by related laws.

(2) No teacher shall be subjected to any disadvantage in his/her status or any discrimination of his/her service conditions such as disciplinary action, etc. without any lawful reasons, due to the activities of reporting or filing complaint for corrupt activities that occur in relation with the operation of the relevant school, or the activities corresponding thereto or facts of corruption, etc. to the related administrative agencies or the criminal investigation agencies, etc.

[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 7 (Establishment of Teacher's Appeal Examination Committee) (1) In order to examine any appeals for the disciplinary actions for teachers of various levels of schools and other disadvantageous dispositions against their will (including any disposition of rejecting reappointment of any teacher referred to in Article 11-3 (4) of the Public Educational Officials Act and Article 53-2 (6) of the Private School Act; hereinafter the same shall apply), the Teacher's Appeal Examination Committee (hereinafter referred to as the "Examination Committee") shall be established in the Ministry of Education, Science and Technology.

(2) The Examination Committee shall be composed seven to nine members including one chairperson, and the chairperson and the members of the number prescribed by Presidential Decree shall be standing members.

(3) Matters necessary for the organization of the Examination Committee shall be determined by the Presidential Decree.

[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 8 (Qualification and Appointment of Member) (1) Members of the Examination Committee (including the chairperson; hereinafter the same shall apply) shall be appointed by the President upon the recommendation of the Minister of Education, Science and Technology among persons who apply to any of the following subsections:

1. Persons who hold or used to hold the post of a judge, public prosecutor, or lawyer for five or more years;

2. Persons who are or used to be teachers, and whose experience in education is not less than ten years;

3. Persons who are public officials of Grade 3 or above in educational administrative agencies or public officials in general service belonging to high-ranking public officials group, or persons who were formerly public officials of Grade 3 or above or public officials in general service belonging to high-ranking public officials groups;

4. Officers of juristic persons who establish and operate private schools, or operators of private schools; and

5. Persons who are recommended by the school teachers' organization established in the central government under Article 15 (1) of the Framework Act on Education. (2) The terms of office for the members of the Examination Committee shall be three years, and they may be reappointed only one time.

(3) The chairperson and the standing members of the Examination Committee may not concurrently hold other offices prescribed by Presidential Decree. (4) The provisions of Article 11 of the State Public Officials Act shall apply mutatis mutandis in respect to the status of the chairperson and the standing members of the Examination Committee.

[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 9 (Request, etc. for Examination of Appeal) (1) In the event that a teacher is dissatisfied with a disciplinary action or other unfavorable disposition against his/her will, he/she may request the Examination Committee to examine his/her appeal within thirty days after he/she is informed of such action or disposition. In this case, the teacher requesting the examination of his/her appeal may designate a lawyer as his/her attorney.

(2) In the event of discharging, releasing or dismissing a teacher from office taken against his/her will, his/her successor shall not be appointed until the Examination Committee makes a final decision on such disposition: Provided, that where no request for the examination of an appeal is made within the period as referred to in section (1), the successor may be appointed at the expiration of the period. [This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 10 (Decision on Examination of Appeal)

(1) The Examination Committee shall make a decision on a request for the examination of any appeal within sixty days from the date of receipt of such request: Provided that if the Examination Committee deems it inevitable, it may extend the period for thirty days by its resolution.

(2) The decision of the Examination Committee shall be binding upon the person having disposition authority.

(3) Any teacher or any relevant party such as a school foundation or a private school operator, etc. as prescribed in Article 2 of the Private School Act may file a lawsuit against the decision that is made by the Examination Committee pursuant to the provisions of section (1) as provided by the Administrative Litigation Act, within 90 days from the date of receipt of such letter of decision.

(4) Necessary matters concerning procedures for the examination, including request, examination, and decision for examination of appeal shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 11 (Negotiation and Consultation for Enhancement of Teachers' Status) (1) The school teachers' organization referred to in Article 15 (1) of the Framework Act on Education shall negotiate and consult with the Superintendent of the Office of Education or the Minister of Education, Science and Technology for extension of specialty and enhancement of the status of teachers.

(2) The Superintendent of the Office of Education or the Minister of Education, Science and Technology shall respond with due diligence to the negotiation and consultation referred to in section (1), and make efforts to implement the agreed-upon matters. [This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 12 (Matters Subject to Negotiation and Consultation) Matters concerning the improvement of treatment, service conditions, welfare programs and extension of specialty of teachers shall be subject to the negotiation and consultation under Article 11 (1): Provided that matters concerning the curricula, and the management and operation of educational institutions and educational administrative agencies may not be subject to a negotiation or consultation.

[This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] Article 13 (Establishment of Teachers' Status Improvement Council) (1) In order to deliberate any request for negotiation or consultation under Article 11 (1), each Teachers' Status Improvement Council shall be established in the Ministry of Education, Science and Technology, the Special Metropolitan City, the Metropolitan Cities, and Dos (hereinafter referred to as "City/Do"), and the Teachers' Status Improvement Council in the Ministry of Education, Science and Technology shall be composed of not more than seven members, and the City/Do council shall be composed of not more than five members: Provided, that a half of all members excluding the chairperson shall be the persons recommended by school teachers' organizations. (2) Matters necessary for the operation of the Teachers' Status Improvement Council and the qualification and appointment of its members shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8890, Mar. 14, 2008] ADDENDUM

This Act shall enter into force on the date of its promulgation: Provided that the amended provisions of Article 7 (2) shall enter into force on the day three months from its promulgation.