Legal Requirements to Establish & Operate an Educational Institution in South Korea

Someone who intends to operate an education institution in South Korea needs to be equipped with facilities in accordance with Article 8, and register by filling out the founders personal information, teaching process, list of instructors, teaching expenses, facilities, etc on the application form for establishment or operation of the school as prescribed by Presidential Decree.

Simply, this means to register with the Department of Education and get permission.

FIRST:

The process when registering the establishments operation with the Local Office of Education.

Reception ➔ Document Review (identity inquiry) ➔ Local Confirmation ➔ Payment ➔ Registration Issued

SECOND:

Checking of items in the following table.

	Review Items	Review Materials	Law
1	Qualification of the Founder – making sure you don’t fall under the disqualification set in Article 9.	– Criminal – Crimes Inquiry – Standard Checks	School Law Article 9
2	Double Registration – making sure the new institution is not already registered or closed down previously.	– Standard Checks
3	Name – Making sure the name is not already on use.	– Standard Checks
4	Documents to Prove Building/Facilities – is there a valid contract with building owners such as rent or lease papers.	– Check the Lease	School Law Enforcement Rules Article 3 (2) 5
5	Building Use – Is the building suitable?	– Building Manager – Standard Checks	Article 19 of the Building Act And the same law Article 14 of the Enforcement Decree
6	Are there 3 or more floors – If the total area is 200m2 or more. 2 locations installed? Check for violations	– Building Manager	Article 49 of the Building Act And the same law Article 34 of the Enforcement Decree
7	Teaching Processes & Facility/Equipment Standards – are the facilities appropriate for teaching.	– Floor Plan – Confirmation of Business Trip	Seoul City Ordinance Article 3
8	Fire Fighting Facilities – are they up to standard? Electrical Facilities – Safety Inspection Certificate	– Certificate Complete – Request for fire inspection – Request for cooperation from KEPCO	School Law Article 8
9	Hazardous Establishment – Article 5 of the School Act, Article 4 of the Enforcement Decree Does it work?	– Confirmation of Business Trip	School Law Article 5 And the same law Article 4 of the Enforcement Decree
10	Policies – Are policies written correctly	– Policies	School Law Article 5
11	Personnel – is the space per person appropriate?	– Lecture room: 1 person or less per 1㎡ – Reading room: 0.8 or less per 1㎡ – Lab: Less than 1 person per 1.5㎡ – See Seoul City Ordinance	Seoul City Ordinance Article 6

THIRD:

Complaint Handling; upon receipt of the petition, the DOE will go through the steps of document reviews, site visits and registration. The process may take up to 8 days.

FOURTH:

Registration Certificate; Within one week after receiving notification from the DOE to get the registration card. At this time, bring license tax receipt paid to the bank and go to the Office of Education to collect.

FIFTH: 

Teacher Registration; teachers must visit and register with the Office for Education within 15 days of recruitment. They must take job registration application form, graduation certificate and criminal history checks.

SIXTH:

Application For Business Registration Certificate; go to the tax office and apply with the school registration certificate you received. Attach it with representatives ID card and Lease.

SEVENTH:

Open; you can begin to operate your education institution in South Korea after the business registration certificate has been received.

Read our Series of blogs on South Korea: South Korea, Covid-19 & Education Technology | SOUTH KOREA: Setting Up a New School | The Future of Hagwons in South Korea Post Covid-19