Reasons for Proposal
As private kindergarten founders tend to regard a kindergarten as their own private property, a growing number of founders or heads of kindergartens, who are private persons, are being exposed for wrongfully using, for non-education purposes, revenues or property that belongs to the accounts of school expenses.
However, at many private kindergartens, the head is also the founder, which means he/she should take the disciplinary action against him/herself when such misconduct is exposed. This is because the existing law specifies a private school manager in provisions concerning organization, etc., of the disciplinary committee.
Accordingly, this Amendment seeks to preclude the chief director of the school juristic person that establishes and operates kindergartens only from concurrently holding the office of the head of the kindergarten, and any private school manager who is a private person, regardless of them being a juristic or individual person, from wrongfully using, for non-education purposes, revenues or property that belongs to the accounts of school expenses. The Amendment also requires any person who is authorized to appoint teachers to comply with requests for dismissal or disciplinary action except in extenuating circumstances, and to enable the imposition of an administration fine of up to five million won for non-compliance with such requirement (Article 54, latter part of paragraph 3; Article 74, paragraph 4, etc.).
Major Provisions
Preclude the chief director from concurrently holding the office of the head of the kindergarten even in cases of the chief director of the school juristic person that establishes and operates kindergartens only (Delete the proviso under Article 23, paragraph 1)
Prohibit wrongful usage of revenues or property that belongs to the accounts of school expenses for non-education purposes (Article 29, paragraph 7); and apply penal provisions if contravened (Article 73)
Require any person who has an authority to appoint teachers, when dismissal or disciplinary action of a teacher is requested by a competent agency, to comply with such request except in extenuating circumstances (Article 54, paragraph 3); and impose administrative fines if contravened (Article 74, paragraph 3, subparagraph 2)
Impose administrative fines against any person authorized to appoint teachers who does not comply with the competent agency’s request to dismiss the relevant head of school without extenuating circumstances (Article 74, paragraph 3, subparagraph 3)
