Last Change:

05/27/2025

Elementary and Secondary Education Act

Year: 1998

Type: Domestic law

Rights Category: Education, Family life, Documentation

Description

The purpose of this Act is to prescribe matters relating to elementary and secondary education pursuant to Article 9 of the Framework Act on Education.

Selected provisions
Article 9 - Assessment of Students, Institutions, and Schools

(1) The Minister of Education may conduct an assessment to measure the academic achievement of students attending school. <Amended on Mar. 23, 2013>

(2) The Minister of Education may conduct an assessment of the Office of Education which belongs to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province, and the schools under its jurisdiction to effectively execute educational administration. <Amended on Mar. 23, 2013>

(3) The superintendent of education may conduct an assessment of educational administrative agencies and schools under his or her jurisdiction to effectively execute educational administration and improve educational capacities of schools.

(4) Matters necessary for subject matter of, standards and procedures for assessment referred to in paragraphs (2) and (3) and the disclosure, etc. of the results of such assessment shall be prescribed by Presidential Decree.

(5) The head of an agency to be assessed shall undergo an assessment referred to in paragraphs (1) through (3) unless there is any compelling reason not to do so.

(6) The Minister of Education may provide necessary support if the superintendent of education intends to conduct an assessment under paragraph (3) in his or her jurisdiction. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Mar. 21, 2012]

Article 10-2 - Free High School Education

(1) The following expenses necessary for education at high schools and high technical schools under subparagraph 3 of Article 2 and all types of schools equivalent thereto shall be covered free of charge:

1. Admission fees;

2. Tuition fees;

3. School operation support funds;

4. Expenses for purchasing textbooks;

(2) The expenses under the subparagraphs of paragraph (1) shall be borne by the State and local governments, and the founder and manager of a school shall not collect the expenses from students and their guardians.

(3) Notwithstanding paragraphs (1) and (2), the founder and manager of a private school prescribed by Presidential Decree may collect the expenses under the subparagraphs of paragraph (1) from students and their guardians.

[This Article Newly Inserted on Dec. 3, 2019]

[Enforcement Date] The amended provisions of Article 10-2 shall consecutively enter into force as follows:

1. 2020 school year: Free education for students in the second and third year of high school, etc.;

2. 2021 school year and thereafter: Free education for students in all years of high school, etc.

Article 12 - Compulsory Education

(1) The State shall provide compulsory education referred to in Article 8 (1) of the Framework Act on Education, and shall take necessary measures, such as establishing facilities therefor.

(2) A local government shall establish and manage elementary schools, middle schools, and special schools which teach elementary and middle school courses in order to enroll all persons subject to compulsory education in schools in its jurisdiction.

(3) Where it is impracticable for a local government to enroll all persons subject to compulsory education in its jurisdiction in elementary schools, middle schools, and special schools established by the local government, it may establish and manage elementary schools, middle schools, or special schools jointly in consultation with any adjoining local government, or entrust education for some persons subject to compulsory education to elementary schools, middle schools, or special schools established by the adjoining local government or national or private elementary schools, middle schools, or special schools.

(4) No founders and managers of national or public schools, and founders and managers of private schools entrusted with education for persons subject to compulsory education pursuant to paragraph (3) shall collect the expenses under the subparagraphs of Article 10-2 (1) from persons subject to compulsory education. <Amended on Dec. 30, 2013; Dec. 3, 2019>

[This Article Wholly Amended on Mar. 21, 2012]

Article 23 - Curricula

(1) Schools shall operate curricula.

(2) The National Education Commission shall determine basic matters regarding the standards for and contents of the curricula referred to in paragraph (1), and the superintendent of education may determine such standards and contents based on the actual circumstances of a region within the scope of the curricula determined by the National Education Commission. <Amended on Mar. 23, 2013; Jul. 20, 2021>

(3) The Minister of Education shall formulate and implement a plan for subsequent support, as prescribed by Presidential Decree, to ensure the stable operation of the curricula referred to in paragraph (1). <Newly Inserted on Jul. 20, 2021>

(4) Subjects taught at schools shall be prescribed by Presidential Decree. <Amended on Jul. 20, 2021>

[This Article Wholly Amended on Mar. 21, 2012]

Article 55 - Special Schools

The purpose of special schools is to provide education equivalent to that of elementary schools, middle schools, or high schools, and to provide education for knowledge, skills, and social adaptation necessary for real life for those who need special education due to physical, mental, or intellectual disabilities.

[This Article Wholly Amended on Mar. 21, 2012]

Article 56 - Special Classes

Special classes may be established for students in need of special education, at schools of each level equivalent to or lower than high schools. <Amended on Feb. 3, 2016>

[This Article Wholly Amended on Mar. 21, 2012]