Last Change:
05/27/2025
Enforcement Decree of the Elementary and Secondary Education Act
Year: 1998
Type: Domestic law
Rights Category: Education, Family life, Documentation
Description
The purpose of this Decree is to provide for matters mandated by the Elementary and Secondary Education Act and matters necessary for the enforcement thereof.
Selected provisions
(1) Upon receipt of notification under the main clause of Article 16 (1), the head of an Eup/Myeon/Dong shall give to prospective schoolchildren's guardians a notice of school enrollment no later than December 20 of the preceding year of the year in which the admission date falls, designating prospective schools for them to enter and specifying admission dates. <Amended on May 27, 2008>
(2) When the head of an Eup/Myeon/Dong gives a notice of school enrollment pursuant to paragraph (1), he or she shall prepare a list containing the following matters concerning the prospective schoolchildren and notify, without delay, the heads of schools to which the children are going to enter, of such list: <Amended on Oct. 18, 2016>
1. The name, resident registration number, and address;
2. Guardian's name, date of birth, address and contact details.
(3) Where any change occurs regarding children's enrollment to a school after notification under paragraph (2), the head of an Eup/Myeon/Dong shall notify the guardians of prospective schoolchildren and the heads of schools to which they are going to enter, without delay. <Amended on May 27, 2008>
(4) Where a notice of school enrollment prescribed in paragraph (1) cannot be given due to the absence, unknown address, etc. of the guardian of a child, the head of an Eup/Myeon/Dong may request the head of a police station having jurisdiction over the place of residence of the relevant child to provide assistance necessary for identifying the child's location. In such cases, the head of the police station upon receipt of such request shall render cooperation actively, unless there is a compelling reason not to do so. <Newly Inserted on Oct. 18, 2016; Oct. 2, 2018>
(1) The guardian of any of the following children or students (hereafter in this Article referred to as "returning student, etc.") may apply for the admission or transfer of a returning student, etc. with the head of an elementary school in the school district where his or her residence is located, instead of taking the procedures for admission or transfer under Articles 17 and 21: <Amended on Dec. 27, 2010; Oct. 30, 2013>
1. A child or student who has returned to the Republic of Korea from a foreign country;
2. A child or student, being a child of a Korean national residing abroad;
3. A child or student, being a North Korean refugee as defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act;
4. A foreign child or student;
5. Other children or students who cannot take the procedures for admission or transfer under Articles 17 and 21 for the reason that he or she did not reside in the Republic of Korea before he or she is admitted or transfers to an elementary school, or has no school record in the Republic of Korea.
(2) The head of an elementary school who receives an application under paragraph (1) shall verify the details of the certificate of the entry into and departure from Korea, or of the certificate of an alien registration under Article 88 of the Immigration Act through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the guardian of a returning student, etc. does not consent to such verification, the head of the relevant school shall have him or her submit any of the following documents: <Newly Inserted on Dec. 27, 2010>
1. A document that proves the entry into and departure from Korea or the alien registration;
2. A document that verifies his or her residence in Korea, such as a written lease contract or letter of guarantee from his or her neighbor.
(3) Children who have returned to the Republic of Korea from abroad may, notwithstanding paragraph (1), be admitted or transfer to elementary schools which have established special classes for returning students, as prescribed by the superintendent of education. <Amended on Dec. 27, 2010; Oct. 30, 2013>
(4) Children or students who are members of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act (hereinafter referred to as "multicultural students") may, notwithstanding Articles 17 and 21, be admitted or transfer to elementary schools which have established special classes for multicultural students, as prescribed by the superintendent of education. <Newly Inserted on Oct. 30, 2013>
[Title Amended on Oct. 30, 2013]
(1) Notwithstanding Articles 81 (1) and 89 (2), any of the following children or students may be admitted, transfer, or granted transfer admission to a high school in accordance with the standards and procedures prescribed by school regulations: <Amended on Mar. 22, 2022>
1. Children or students who fall under Article 19 (1) 1 through 3;
2. Other children or students (excluding multicultural students) who cannot take the procedures for admission, transfer, or transfer admission to a school under Article 81 (1) or 89 (2) for not residing in the Republic of Korea before being admitted, transferring, or granted transfer admission to a high school or for having no school record in the Republic of Korea.
(2) Children or students under Article 19 (1) 4 and multi-cultural students may be admitted, transfer, or granted transfer admission to high schools in accordance with the standards and procedures determined by the superintendent of education, notwithstanding Articles 81 (1) and 89 (2). <Newly Inserted on Mar. 22, 2022>
[This Article Wholly Amended on Oct. 30, 2013]
(1) An academic background deliberative committee shall be established under the jurisdiction of the superintendent of education to deliberate on matters concerning acknowledging the academic background of any of the following persons: <Amended on Oct. 30, 2013; Nov. 28, 2017; Jul. 14, 2020>
1. Persons from the area north of the Military Demarcation Line;
2. Any of the following students whose academic background is difficult to verify:
(a) A multicultural student;
(b) A foreign child or student;
3. Any of the following persons, among those falling under any subparagraph of Article 29 (2):
(a) Persons who have completed an out-of-school educational program acknowledged by the superintendent of education;
(b) Persons who have out-of-school learning experience acknowledged by the superintendent of education.
(2) An academic background deliberative committee shall be comprised of at least five members and up to 30 members, including one chairperson. <Amended on Jul. 14, 2020>
(3) The superintendent of education shall appoint or commission members of an academic background deliberative committee from among public officials in charge of persons falling under any subparagraph of paragraph (1) (hereinafter referred to as "North Korean refugees, etc."), education specialists, and academic background evaluation specialists, and the chairperson shall be elected among members by mutual vote. <Amended on Oct. 30, 2013; Nov. 28, 2017>
(4) The term of office of members of an academic background deliberative committee shall be two years, the term of office of the chairperson shall be one year, and they may be reappointed respectively.
(5) An academic background deliberative committee shall deliberate on: <Amended on Oct. 30, 2013>
1. Matters concerning the standards for acknowledging academic background in consideration of degree of completion of school curricula, scholastic aptitude, age, etc. of North Korean refugees, etc.;
2. Matters concerning persons subject to acknowledging academic background and the timing thereof;
3. Where a North Korean refugee, etc. or his or her guardian makes a request, matters concerning acknowledging academic background and determining his or her academic year;
4. Matters concerning decision and operation of a school pursuant to Article 98-3.
(6) Where it is necessary for deliberation, an academic background deliberative committee may conduct assessment necessary to acknowledge the academic background and determine the academic year of North Korean refugees, etc., including evaluating their learning ability through a specialized institution. <Newly Inserted on Nov. 28, 2017>
(7) Except as provided in this Decree, matters necessary for organizing and operating an academic background deliberative committee, and the standards, objects, methods, timing, etc. of evaluation for acknowledging academic background, etc., shall be determined by the superintendent of education. <Amended on Nov. 28, 2017>
(8) Notwithstanding paragraphs (1) through (7), where any committee similar in nature and function to the academic background deliberative committee is established under the jurisdiction of the superintendent of education, such committee may replace the function of the academic background deliberative committee as prescribed by ordinance of the relevant City/Do: Provided, That where the statute, regulation, or municipal ordinance which serves as the basis for establishing a committee similar in nature and function to the academic background deliberative committee provides that matters related to organizing and operating such committee shall be prescribed by the superintendent of education or by educational rules, such committee may replace the function of the academic background deliberative committee as prescribed by the educational rules of the relevant City/Do. <Newly Inserted on Dec. 29, 2017>
[This Article Newly Inserted on Feb. 22, 2008]