With the growing demand to root out corruption in private kindergartens, partial amendments to the Early Childhood Education Act, the Private School Act, and the School Meals Act, which are together called the ‘Three (3) Park, Yong-jin Acts,’ have been proposed. This proposal for partial amendment to the Early Childhood Education Act is a follow-up measure to supplement the ‘Three (3) Park, Yong-jin Acts’ and contains additional content on strengthening the public nature of private kindergartens.

Specifically, according to the current Early Childhood Education Act, even when a founder of a kindergarten which has received a closedown order borrows his/her child or other’s name to operate a kindergarten again at the same location, this is not subject to limitations on founding a kindergarten such that there is a lack of legal means to limit such behavior. Also, there is a lack of grounds to restrict unlawful change of a founder such as bequeathing, transferring, etc., a kindergarten to evade administrative measures. Therefore, this proposal aims to prohibit the change of a founder for a certain period after new authorization or change and to enable the effect of an administrative measure to be succeeded even after such a change, thereby strengthening the effectiveness of the measure.

In addition, there is a need to ensure that a kindergarten does not suspend its business or close without permission and result in inconvenience to young children and their parents, by requiring it to receive consultation from a Kindergarten Operation Committee, and to impose a duty on the part of a kindergarten to protect young children by enabling them to move to another institute when a kindergarten closes.

Moreover, this proposal aims to enable the Minister of Education or the superintendent of education of a Si or Do to issue an order for commencement of operation to protect young children’s right to learn and to introduce a provision whereby a competent agency may substitute a suspension of operation measure with penalty surcharges.

Also, there is a need to increase national or public kindergartens in the long run to reduce the burden of education costs such as tuition for parents and to enhance the public nature of early childhood education.

When the Office of Education attempts to buy land to establish a public kindergarten, however, there are many cases where the Office fails to seize the opportunity due to competition with private individuals. Therefore, this proposal aims to introduce a superintendent of education-first put option for kindergarten sites in an area with obligation to establish a public kindergarten, thereby strengthening the effectiveness of a provision in the current Early Childhood Education Act regarding the duty of a superintendent of education of a Si or Do to establish public kindergartens.

Details

A. Prohibit, in the case of an application to establish a kindergarten in the same location where a kindergarten subject to a closedown order, etc. was located within one (1) year from the date of such order, re-authorization of such a kindergarten (Article 8 (3) 4, newly inserted)

B. Stipulate that the duty of a kindergarten is to take protective measures regarding young children in case of its closedown and oblige it to receive consultation from a Kindergarten Operation Committee (Article 8 (4) latter part and Article 19-4 (2) subparagraphs, newly inserted)

C. Limit (re)-changes to a founder of a kindergarten and stipulate that the effect of an administrative measure shall be succeeded even after the change of a founder (Article 8 (5))

D. Include cases where a closedown order has been issued according to the Infant Care Act as one of the grounds for disqualification to found and operate a kindergarten (Article 8-2)

E. Introduce a superintendent of education-first put option for kindergarten sites (Article 9-2 (3))

F. Oblige matters regarding the recruitment and selection, etc. of young children for admission into a kindergarten to be determined by Municipal Ordinance of a Si or Do (Article 11 (3))

G. Stipulate principles for the sound operation of a kindergarten, impose a duty on a kindergarten to comply with accounting standards, and oblige a private kindergarten to also establish an account for the kindergarten to ensure transparency in kindergarten accounting (Article 19-7 (1), (2))

H. Establish a provision providing a basis to order commencement of operation regarding suspension of recruitment/operation, closedown, etc., without a justifiable cause and a provision imposing penalties in case of failure to comply (Articles 32-2 and 34-2 (5), newly established)

I. Include as grounds for ordering a closedown of a kindergarten cases where a guardian failed to be aboard a school bus when a school bus accident occurs and cases where a guardian aboard a school bus and a school bus driver are negligent in their duties of care (Article 32 (3))

J. Establish a provision that authorizes a suspension of operation measure to be substituted for penalty surcharges to prevent great inconvenience to young children and their parents (Article 32-2)

Prohibit, in the case of an application to establish a kindergarten in the same location where a kindergarten subject to closedown order, etc. was located within one (1) year from the date of such order, re-authorization of such a kindergarten (Article 8 (3) 4, newly inserted)

Stipulate that the duty of a kindergarten is to take protective measures regarding young children in case of its closedown and oblige it to receive consultation from a Kindergarten Operation Committee (Article 8 (4) latter part and Article 19-4 (2) subparagraphs, newly inserted)

Limit (re)-changes to a founder of a kindergarten and stipulate that the effect of an administrative measure shall be succeeded even after the change of a founder (Article 8 (5))

Include cases where a closedown order has been issued according to the Infant Care Act as one of the grounds for disqualification to found and operate a kindergarten (Article 8-2)

Stipulate principles for the sound operation of a kindergarten, impose a duty on a kindergarten to comply with accounting standards, and oblige a private kindergarten to also establish an account for the kindergarten to ensure transparency in kindergarten accounting (Article 19-7 (1), (2))

Establish a provision providing a basis to order commencement of operation regarding suspension of recruitment/operation, closedown, etc. without just cause and a provision imposing penalties in case of failure to comply (Articles 32-2 and 34-2 (5), newly established)

Include as grounds for ordering a closedown of a kindergarten cases where a protector failed to be aboard a school bus when a school bus accident occurs and cases where a protector aboard a school bus and a school bus driver are negligent in their duties of care (Article 32 (3))