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Living areas explanation

This information is drafted as of April 15, 2014.
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 Early Childhood Education
Definition of Early Childhood Education
The term 'early childhood education' means educating young children and helping harmonious mental and physical development in an appropriate educational environment for children[educational objectives of the 「Organization and Operation Guidelines for Education course of kindergarten of Seoul Metropolitan」(Notification of Seoul Metropolitan Office of Education)].
Comparison of Early Childhood Education and Infant Care
Comparison of Young Children and Infant
- The term 'young children' means children who are from three years of age up to right before their first enrollment at an elementary school (Article 2(1) of the 「Early Childhood Education Act」).
- The term 'infant' means a child who is under six years of age before his/her enrollment into elementary school (Article 2(1) of the 「Infant Care Act」).
Comparison of Kindergarten and Nursery Facilities
- Definition ofKindergarten and Nursery Facilities
· The term 'kindergarten' means the school that is founded and operated for the education of young children (Article 2(2) of the 「Early Childhood Education Act」).
· The term 'nursery facilities' means the facilities for taking care of infants entrusted by their guardians (Article 2(3) of the 「Infant Care Act」).
- There are some differences between kindergarten and nursery facilities such as the legal basis and the competent authorities, etc.
differences between kindergarten and nursery facilities

Section

Kindergarten

Nursery Facilities

Type

School

(Article 2(2) of the 「Early Childhood Education Act」)

Nursery facilities

(attached Table 8 of the 「Enforcement Rule of The Infant Care Act」)

Legal Basis

「Early Childhood Education Act」

「Infant Care Act」

Standard Program

Education course of kindergarten

(Article 13(1) of the 「Early Childhood Education Act」)

Standard course of infant care

(Article 29(1) of the 「Infant Care Act」)

Development of the Standard Program

Minister of Education(Article 13(2) of the 「Early Childhood Education Act」)

Minister of Health & Welfare

(Article 29(2) of the 「Infant Care Act」)

Number of Days of Education and Infant Care

- Not less than 180 days a year

- It may operate a half-day system, extended-hours system, all-day system.

(Article 12(2) of the 「Early Childhood Education Act」)

- Not less than 6 days a week

- Not less than 12 hours on weekdays

(attached Table 8 of the 「Enforcement Rule of The Infant Care Act」)

Contents of Education and Infant Care

- Healthy Living

- Social Living

- Expressional Living

- Language Living

- Research Living

[1. of Chapter 2 of the 「Organization and Operation Guidelines for Education course of kindergarten of Seoul Metropolitan」(Notification No. 2012-12 of Seoul Metropolitan Office of Education)]

- Basic Living

- Physical Activities

- Social Relationships

- Communication

- Study of Nature

- Experiences of Art

(attached Table 8-2 of the 「Enforcement Rule of The Infant Care Act」)

Number of

Teachers

per Class

- It may have an assistant teacher in addition to the teacher in charge.

(Article 23 of the 「Enforcement Decree of the Early Childhood Education Act」)

- One teacher in charge

- One special education teacher shall be placed for every 9 disabled infants.

(attached Table 2 of the 「Enforcement Rule of the Infant Care Act」)

Maximum Number of kindergarteners / Infants

per Class

- The maximum number of kindergarteners per class varies with the district.

- The maximum number of kindergartners per class shall be determined by the following person:

·National kindergarten

: Minister of Education· Public and private kindergarten : superintendent of an office of education

(Article 16 of the 「Enforcement Decree of the Early Childhood Education Act」)

- Maximum number of kindergarteners per class of Seoul Metropolitan

· Age of 3

: within 18 persons

· Age of 4

: within 24 persons

· Age of 5

: within 28 persons

· Mixed age

: within 23 persons

(3. of Chapter 2 of the 「Organization and Operation Guidelines for Education course of kindergarten of Seoul Metropolitan」)

- maximum number of infants per class

· Age of 0 : 3 persons

· Age of 1 : 5 persons

· Age of 2 : 7 persons

· Age of 3 : 15 persons

· Age 4 and higher who have yet entered school

: 20 persons

· schoolchild

: 20 persons (after school)

· Disabled infant

: 3 persons

(attached Table 2 of the 「Enforcement Rule of the Infant Care Act」)

Guidance and Supervision

- National kindergarten :

Minister of Education

- Public and private kindergarten : superintendent of an office of education

(Article 18(1) of the 「Early Childhood Education Act」)

- Minister of Health & Welfare

- Mayor/Do governor

- the head of Si/Gun/Gu

(Article 41 of the 「Infant Care Act」)

Related Organization

Early Childhood Education and Development Institute

Educare Information Center

Education by Kindergartens
Health Management
- Implementation of health examination
· The head of kindergarten shall conduct a health examination for kindergarteners, and take necessary measures for whom need medical treatment as a result of such health examination after consultation with their guardians (Article 17(1) of the 「Early Childhood Education Act」).
· The health examination shall be taken in health examination institutions designated by the Minister of Health and Welfare as institution for infant health examination.Examination category, method and costs shall be in accordance with “Health Examination Guideline” (Notice by Ministry of Health and Welfare) Article 2(2) and (3) of the Enforcement Rule to Infant Education Act).
- Measures after the result of health examination
· In the event, as a result of the health examination, an infant requires treatment, quarantine or break from school, principal shall take the necessary action by discussing with the guardian of relevant infant. (Article 2(5) of the Enforcement Rule to Infant Education Act).
- Installation of health room for emergency
· The founder and the manager of a kindergarten shall establish a health care room, and furnish the necessary facilities and appliances necessary for school health care (Article 3 of the 「School Health Act」).
Meals Management
- The head of kindergarten shall provide meals suitable for the kindergarteners being educated (Article 17(2) of the 「Early Childhood Education Act」).
- Employment of nutritionist
· Kindergartens in which more than 100 children are fed at once shall place one licensed nutritionist (the main sentence of Article 3(2) of the 「Enforcement Rules of Early Childhood Education Act」).
· However, in cases where more than 2 kindergartens, which have catering facilities and equipments and conduct feeding services, are close to each other, not more than 5 kindergartens in a district under the jurisdiction of the same Office of Education may share a nutritionist (the proviso of Article 3(2) of the 「Enforcement Rules of Early Childhood Education Act」).
Safety Management
- In order to prevent children from any safety accident, The head of kindergarten shall check out and improve facilities and equipment in the kindergarten, provide safety education to kindergarteners, and take other necessary measures. (Article 12 of the 「School Health Act」).
- Safety inspection
· The head of kindergarten shall establish an annual plan for safety inspection, and conduct safety inspection regularly or frequently, such as daily, monthly, quarterly, annually, according to its own annual plan, in order to manage kindergarten facilities safely (Ministry of Education,「Safety Management Manual of Kindergarten Facilities」 8p.).
· The superintendent of an office of education and the head of kindergarten shall implement safety inspection for facilities of the kindergarten not less than twice a year (the former part of Article 6(1) of the 「Act on the Prevention of and Compensation for Accidents at School」).
- Safety management of vehicle
· Definition of school bus for children
√ The term 'school bus for children' means an automobile that is used in education facilities for children (referring to persons younger than 13 years of age) in order to commute to and from education facilities for children, and which has been notified to the head of the competent police station and received a certificate of completion of the report (subparagraph 21 of Article 2 and Article 52(1) of the 「Road Traffic Act」).
· Duty of driver
√ The driver of any school bus for children shall operate devices, such as warning lamp, which indicate that children are getting on or getting off the bus, in cases where that school bus is traveling with children (who are under 13 years old) (Article 53(1) of the 「Road Traffic Act」).
√ The driver of any school bus for children shall make the indication which children is riding in the car in any case where he/she is driving a school bus for children with children on board (Article 53(1) of the 「Road Traffic Act」).
√ The driver of any school bus for children shall start driving the school bus for children after confirming that children are seated (Article 53(2) of the 「Road Traffic Act」).
√ The driver of school bus for children shall start driving the school bus for children after confirming that children have arrived at a safe place including the sidewalk or the edge area of the road (Article 53(2) of the 「Road Traffic Act」).
· Duty of operator
√ An operator of any school bus for children shall arrange for a person nominated by the kindergarten personnel or operator of school bus to protect children in the school bus (Article 53(3) of the 「Road Traffic Act」).
- Duty of entry School Safety and Insurance Association to kindergarten
· The superintendent of an office of education shall implement a mutual-aid project of compensation for accidents at school in order to compensate kindergartener, kindergarten personnel, and participant in education, who are injured by accidents at school (Article 11(1) of the 「Act on the Prevention of and Compensation for Accidents at School」).
· The head of kindergarten shall become a member of School Safety and Insurance Association (Article 12 of the 「Act on the Prevention of and Compensation for Accidents at School」).
Support of Education Expense
- Calculation of education expenses of kindergarten
· The head of kindergarten may decide and collect education expenses such as tuition fees, and other payment taking into consideration the changes in economic circumstances and situation of the each kindergarten (the former part of Article 25(1) of the 「Early Childhood Education Act」, Article 2(1)-1 of the 「Rule on School Tuition Fee and Admission Fee」).
- The head of each kindergarten may adjust and change the educational expenses and other charges according to the following criteria (Article 25.(1) of the Early Childhood Education Act):
· The working hours of the kindergarten (e.g., half-day, extensions available upon request, day-long, etc.);
· Whether the enrolled children are children of beneficiaries of the National Basic Living Security Act;
· The public kindergarten rate is to apply to each kindergarten located in a socially vulnerable or underprivileged area, such as a poor neighborhood, a rural and remote community, etc.
- Scope of tuition support
· Preschool education of three years immediately preceding entry into the school system is to be provided for free of charge. Free education applies to children who are at least three years of age, and who are enrolled in the common education and child care curriculum (hereinafter referred to as 'the common curriculum'), decided by the consultation between the Minister of Education and the Minister of Health and Welfare, and implemented at each kindergarten (Article 24.(1) of the Early Childhood Education Act and Article 29.(1).1 of the Enforcement Ordinance for the Early Childhood Education Act).
※ No such tuition support is provided for children enrolled in private schools, such as English kindergartens and arts kindergartens (other than the childhood education contract institutions) or in sports facilities, such as the children's sports corps.
- Childhood education support provided in 2014(Ministry of Health & Welfare, The Childhood Education Support Plan, 2014)
· Childhood education support for children aged between 3 and 5.
√ Eligibility: Children who are aged 3 to 5 as of 2013 and who attend kindergartens are eligible for childhood education support irrespective of their parents' or guardians' income levels
※ Age 5: born between Jan. 1, 2008, and Dec. 31, 2008.
※ Age 4: born between Jan. 1, 2009, and Dec. 31, 2009.
※ Age 3: born between Jan. 1, 2010, and Dec. 31, 2010.
√ Amounts provided :

Support provided

Eligible age

Amount (KRW / month)

Public/national kindergartens

Private kindergartens

 Tuition fees

5 y.o.

60,000

220,000

3 y.o.

4 y.o.

After-school course fees

3 to 5 y.o

50,000

70,000

√ Application and provision :
1. Children who were eligible for the kindergarten expenses support plan of 2013 need not apply again in 2014.
2. As for children who entered kindergartens for the first time in 2014, their parents or guardians must fill out and submit the Request Form for Social Welfare Services and Allowances at their local community centers (eup, myeon, or dong) or online at http://www.bokjiro.go.kr.
3. Infant education support allowances are paid as of the date of guardian’s application for cost support.
※ Where the date of a child's entry into a kindergarten is later than the date of application, the date of entry into the kindergarten is regarded as the date of application.
4. Parents or guardians can pay part of the monthly tuition and other education expenses at their children's kindergartens with the I-Jeulgeoun Cards, and pay for the remainder fees.
※ For more details on the childhood education support in 2014, see The Childhood Education Support Plan, 2014.
Refund of Tuition Fees
- Standard of refund
· If tuition fees or admission fees are overpaid or erroneously paid, the kindergartens shall return the full amount paid (Article 6(1) of the 「Rule on School Tuition Fee and Admission Fee」).
· If a kindergartener transfers to another kindergarten, the kindergarten shall refund the rest, except tuition fees of the month, in which the transferring day belongs (Article 6(2) of the 「Rule on School Tuition Fee and Admission Fee」).
· Tuition fees or admission fees paid shall be refunded, in a case falling under any of the following circumstances (Article 6(3) of the 「Rule on School Tuition Fee and Admission Fee」):
√ Where admission into a kindergarten (including re-admission and transfer) is impossible by Act and subordinate statute;
√ Where a person who has obtained the admission to a kindergarten, expresses the will of renunciation of the admission to a kindergarten;
√ Where a person who is attending a kindergarten, express the will to quit the kindergarten;
√ Where it is impossible to enter the kindergarten, or continue his/her studies, due to diseases, death, natural disaster, or other unavoidable reasons.
· The refund standards of tuition fees or admission fees paid already are as follows (attached Table of 「Rule on School Tuition Fee and Admission Fee」):
√ If the reason arises before the beginning day of corresponding semester or quarter (or, the entrance day in case of newly enrolled students), tuition fees or admission fees already paid shall be returned the full amount of the fees (attached Table of 「Rule on School Tuition Fee and Admission Fee」).
√ If the reason arises after the following day of the beginning day of corresponding semester or quarter (or, the entrance day in case of newly enrolled students), admission fees shall not be refund, and tuition fees shall be refund the rest, in which it is deducted the tuition fees until the day that the reason arises (attached Table of 「Rule on School Tuition Fee and Admission Fee」).
Education by Private Teaching Institutes
Definition of Private Teaching Institute, and the Other Related Matters
- The term 'private teaching institute' means a facility where an individual teaches knowledge, techniques (including skills) and arts for at least 30 teaching days (including in case where the number of teaching days exceeds 30 days by repeating the curriculum) to learners not less than 10, or a facility which is provided for the place of learning for at least 30 days (the main sentence of Article 2(1) of the 「Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」).
- Comparison of kindergarten and English institute for children
· Kindergartens is a school operated as prescribed in the 「Early Childhood Education Act」. It shall meet the requirements for establishment of the kindergarten such as scale of the facility and operate the education course of kindergarten by qualified kindergarten teachers.
· English institute for children is analogous to kindergarten; it offers classes for children in English, which are similar to kindergarten, so that it is commonly called 'English kindergarten', but English institute for children is a private teaching institute.
Standards of Calculation of Lesson Fees, etc.
- A founder or operator of privateteaching institutes may receive lecture fees, service fees, or teaching fees (hereinafter referred to as the 'lesson fees, etc.') from students (Article 15(1) of the 「Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」).
- A founder or operator of privateteaching institutes shall determine the lesson fees, etc., taking into account details of lessons, teaching hours, etc. (Article 15(2) of the 「Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」).
- A founder or operator of privateteaching institutes shall post the lesson fees, etc. in a conspicuous place for students and their guardians, after determining the fees (Article 15(2) of the「Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」, Article 15(1) of the 「Enforcement Rule of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」).
- A founder or operator of privateteaching institutes shall indicate lesson fees, etc., in cases of advertizing for recruiting students through printed materials, internet, etc. (Article 15(2) of the 「Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」).
- No founder or operator of privateteaching institutes shall post false lesson fees, collectan amount exceeding the indicated or posted lesson fees, etc.(Article 15(3) of the 「Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」).
Refund of Lesson Fees, etc. [attached Table 2 of the 「Criteria for Consumers Dispute」 (Notification of Fair Trade Commission)]
Refund of Lesson Fees

No.

Reasons for Refund Lesson Fees, etc.

Standards of

Refund Lesson Fees, etc.

1

In cases where participants demand the rescission of the contract immediately, after wrongful act of business operator

Conclusion of a contract by false and exaggerated advertisements

Rescission of the contract and full refund of lesson fees, etc.

Recruitment and lesson exceeding the maximum number of participants per class

Rescission of the contract and full refund of lesson fees, etc.

Lesson by unqualified or substandard teachers

Rescission of the contract and full refund of lesson fees, etc.

2

In cases where participants attend classes continuously and demand that rescind a contract, after wrongful act of business operator

Calculation on the basis of day and refund of the remaining lesson fees, etc.

3

In cases where participants become impossible to attend classes by administrative dispositions, such as revocation of the authorization or registration of privateteaching institute and suspension of lesson for a certain period, or situations of business operator, such as transference of the privateteaching institute, cancellation a class and others, during the period of the course

Calculation on the basis of day and refund of the remaining lesson fees, etc. (within 5 days of the occurrence of refund reasons)

4

In cases where participants rescind a contract by causes attributable to themselves, before the start of class

Full refund of lesson fees, etc. paid

5

In cases where the term of a contract is within 1 month

(revocation by causes attributable to participants)

Before the elapse of 1/3 of the total teaching hours

Refund of 2/3 of lesson fees, etc.

Before the elapse of 1/2 of the total teaching hours

Refund of 1/2 of lesson fees, etc.

After the elapse of 1/2 of the total teaching hours

No refund

6

In cases where the term of a contract is over 1 month

(revocation by causes attributable to participants)

Refund of the amount add up the refund money of the month that arise refund reasons and the total amount of lesson fees, etc. of the rest month

Dispute Conciliation Institutions of the privateteaching institute
- Offices of Education having the jurisdiction
· The superintendent of an office of education shall provide appropriate guidance and supervision to secure the sound development of privateteaching institute (Article 16(1) of the 「Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」) and a civil petition for resolution of the dispute may be filed to the Office of Education in the area where the privateteaching institute is located.
- Korea Comsumer Agency
· Consumer may apply for a remedy against damages caused by usage of goods and services to the Korea Consumer Agency. The Korea Consumer Agency shall mediate in the dispute under 「Criteria for Consumers Dispute」 (Article 55 of the 「Framework Act on Consumers」).
Education by Institutions for Lifelong Education
Definition of Institution for Lifelong Education
- The term 'Institution for Lifelong Education' means any establishment, corporation or organization falling under any of the followings(Article 2(2) of the 「Lifelong Education Act」):
· Establishments, corporations or organizations authorized, registered and reported under the「Lifelong Education Act」
· Private teaching institute providing lifelong vocational education, other than private teaching institutes for school curriculum, pursuant to the 「Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons」
· Other establishments, corporations or organizations established mainly for the purpose of lifelong education under other Acts and subordinate statutes
- The institution for lifelong education covers those mentioned below: the cultural center of a department and a supermarket, the education center of civic society organization, such as Seoul YMCA, and the cultural centers of a broadcasting stations and newspaper publishing companies which provide education program for children.
Refund Standard Study Expenses of the Institutions for Lifelong Education (attached Table 3 of the 「Enforcement Decree of the Lifelong Education Act」)
Refund Standard Study Expenses of the Institutions

No.

Refund Reasons of

Study Expenses

Refund Standard of

Study Expenses

1

In cases where the lifelong education institutions are revoked authorization or registration to establish

Refund of the amount, in which study expenses paid are calculated on the basis of day

In cases where the lifelong education institutions are closed or suspended operations

In cases where founders or operators of the lifelong education institutions become impossible to teach

2

In cases where learners give up the study by their own wills

In cases where the term to collect study expenses is within 1 month

Before the start of class

Full refund of study expenses paid

Before the elapse of 1/3 of the total teaching hours

Refund of 2/3 of study expenses paid

Before the elapse of 1/2 of the total teaching hours

Refund of 1/2 of study expenses paid

After the elapse of 1/2 of the total teaching hours

No refund

In cases where the term to collect study expenses is over 1 month

Before the start of class

Full refund of study expenses paid

After the start of class

Refund of the amount add up the refund money of the month that arise refund reasons and the total amount of study expenses of the rest month

- The study expenses shall be refunded within 5 days of the occurrence of the reasons of refund (Article 22(2) of the 「Enforcement Decree of the Lifelong Education Act」).
Dispute Conciliation Institution of the Institutions for Lifelong Education
- Korea Comsumer Agency
· Consumer may apply for a remedy for damages caused by usage of goods and services to the Korea Consumer Agency. The Korea Consumer Agency shall mediate in the dispute under 「Criteria for Consumers Dispute」 (Article 55 of the 「Framework Act on Consumers」).
Education by Sports Facilities
Introduction of Physical Fitness Group for Children (Program of Sports Facilities)
- The physical fitness group for children is the program for preschoolers in which sports facilities operate for the purpose of the physical development, sociality improvement, and connection with the lesson of school through play.
Matters to check out for registration for courses
- It is recommended to check the followings at registration for courses:
· It is recommended to check that facilities are equipped with sports facilities in which children can play safely, safety facilities, protective gears, and whether there is no danger which might cause health problems for children.
· There is no regulation on the education in sports facilities. Therefore, parents should check the matters whether it is an appropriate place for education to children, has the appropriate number of students and teachers, and employs decent teachers. In order to prevent the problematic circumstance―there are too many students in a class, or teacher is not appropriate, it causes problems, etc.-, it is recommended to register courses after checking them carefully.
· It is recommended to check that the institutions have the insurance covering the damage caused by accidents occurring during activities in the institutions.
· The standards for calculation and refund of tuition fees at the physical fitness group for children vary with the local governments. Therefore, It is better to check the standards of calculation and refund of tuition fees before the registration for courses.
Refund Standard of Tuition Fees [attached Table 2 of the 「Criteria for Consumers Dispute」 (Notification of Fair Trade Commission)]
Refund Standard of Tuition Fees

No.

Refund Reasons of Tuition Fees

Refund Standards of Tuition Fees

1

In cases where provided service is different from the content of contract

Rescission of the contract

2

In cases where usage of facilities is not possible, due to breakdown, excess of the maximum number and others

Refund

or

replacement of use the other equivalent facilities

3

In cases where occurs physical demage

Compensation for damage

4

Revocation of the contract by causes attributable to business operators

Before the start of class

Full refund

and

indemnification of 10% of the total amount

After the start of class

Refund the amount deducting the charge for use until the day of revocation

and

compensation of 10% of the total amount

5

Revocation of the contract by causes attributable to consumers

Before the start of class

Refund after deducting 10% of the total amount

After the start of class

Refund after deducting the charge for use until the day of revocation and 10% of the total amount

Dispute Conciliation Institution of Sports Facilities
- the Office of Si/Do/Gun/Gu
· If a sports facility business operator or a person who has obtained approval of a business plan about a sports facility violates the matters concerning the protection of members, the mayer/Do governor or the head of Si/Gun/Gu may order him/her to make corrections (Article 30(4) of the 「Installation and Utilization of Sports Facilities Act」). Thus, a civil petition may be filed for resolution of the dispute to the mayer/Do governor or the head of Si/Gun/Gu.
- Korea Comsumer Agency
· Consumers may apply for a remedy for damages caused by usage of goods and services to the Korea Consumer Agency. The Korea Consumer Agency shall mediate in the dispute under 「Criteria for Consumers Dispute」 (Article 55 of the 「Framework Act on Consumers」).
Education by Internet
Definition
- Definition of E-learning
· The term 'e-learning' means learning by means of electronic tools, information and communications and electric wave or broadcasting technology (Article 2(1) of the 「E-learning Industry Development Act」).
- Definition of e-learning Contents
· The term 'e-learning contents' means information or data related to e-learning, such as codes, characters, figures, colors, voice, sounds, images, and pictures which have been processed by electronic means (Article 2(2) of the 「E-learning Industry Development Act」).
Matters to check out for E-learning
- Confirmation of quality authentication certificate
· When the head of authentication institution certifies the e-learning quality, he/she shall issue the authentication certificate of quality of e-learning (Article 5(2) of the 「Enforcement Rule of the E-learning Industry Development Act」), so that consumers may check the contents about the quality authentication on the homepage before signing a contract.
- Confirmation of terms and conditions of contract
· Before signing a contract, a mail order distributor shall indicate, advertise, or notify matters of the contract in a proper way so that consumers can understand the terms and conditions of transaction of e-learning program accurately, and make such a deal without any blunder or discrepancy. When the contract is concluded, a mail order distributor shall hand over documents stating the matters of the contract to the contractor before supplying the e-learning program (Article 13(2) of the 「Act on the Consumer Protection in the Electronic Commerce Transactions, etc.」).
- Confirmation of standardized contracts
· A mail order distributor shall provide a separate link or a pop-up so that consumers can understand important information prescribed in the contractual terms, such as withdrawal of subscription, refund conditions, etc. before approval of consumers for the terms, and he/she shall obtain confirmation from consumers for the terms (Article 4(3) of the 「Standardized Agreement of Digital Contents Usage」).
Refund Standard of the E-learning Usage Fees [attached Table 2 of the 「Criteria for Consumers Dispute」 (Notification of Fair Trade Commission)]
Refund Standard of the E-learning Usage Fees

No.

Refund Reasons of Usage Fees

Refund Standards of Usage Fees

Recitals

1

Contract by minors without the consent of the legal representative

Revocation of the contract

Refund of paid usage fees,

prohibition of charging unpaid fees and penalties for breach of contract

2

Contract by false and exaggerated advertisements

Revocation of the contract

and

Full refund of usage fees

'Usage fees' means total expenses paid consumers including additional expenses, such as expenses for teaching materials and etc.

3

Revocation of the continuous contract over than 1 month by causes attributable to consumers

Refund after deducting the amount of actual usage until the day of revocation and 10% of the total amount

Refund after deducting the amount equal to the number of days that consumers use services without penalties for breach of contract, when consumers require termination of a contract within 7 days from day of conclusion of a contract or day available to services

4

If the consumer demands revocation of subscription within 7 days of purchase without having used the for-pay content sold by the business operator

Refund of purchase price of for-pay contents

Except when contents are lost or damaged as a result of consumer’s fault

Business operator shall prove when there is dispute with respect to the question of liability for the damage to contents, the fact and time of execution of contract, and the fact and time of supply of contents.

5

If business operator has failed to provide notice on important contractual provisions prior to contracting

Revocation of contract

Important provision refers to article 8 to “contents user protection guidelines.”

6

If the contract is a use contract that continues for at least a month

If consumer demands terminations of contract.

Refund after deducting 10% of the amount corresponding to days of use until date of termination and the fee for the remaining period.

If demand to terminate is made 7 days from date of execution of contract or date of availability of service refund to be made after deducting amount corresponding to the number of days of use, without penalty.

7

Contract termination for causes attributable to business operator.

Refund to be made after adding fee for the remaining period and 10% amount

Fee refers to all costs including ancillary costs such as the costs of study materials paid by the consumer.

8

If conversion to fo-pay basis was made after the lapse of free-trial without the consent of consumer.

Refund of all invoiced amount

 

9

If no notice was made to consumer when automatic debit is made

Refund of invoiced amount

If agreement has been made for automatic debit monthly or on a fixed date, the business owner shall notify the consumer regarding the details of settlement (amount, time, and method) through email or mobile phone.

10

Suspension or obstacle of service without advanced notice

If cumulative hours have exceeded 72 hours due to suspension or obstacle of service exceeded 3 or more days or 72 hours in 1 month.

Revocation of the contract

and

Refund of usage fees of the rest period

- Time of suspension or obstacle of service is calculated since the notification of customers to the company

- When service is suspended or occurred obstacles by force majeure such as natural disasters or negligence of consumers, it is excepted from the calculation of time of suspension or obstacle of service

In cases where there is suspension or obstacle of service more than 4 hours

Free extension of 3 times of suspension or obstacle time

11

Suspension or obstacle of service with the advanced notice

In cases where there is suspension or obstacle of service over 10 hours

Free extension of the usage period as exceeded time

'Advanced notice' is made prior to 24 hours of suspension or obstacle

12

Request of usage fees exceeded actual use time

Refund of the excess amount

Business operator shall demonstrate whether the consumers use services exceeded

Other Education Programs
Museum for Children
- Museum for children refers to a experiential place for children to raise new perspectives toward cultural properties and understand the meaning contained in cultural heritage.
Art Museum for Children
- Art museum for children offers the opportunity for children to enjoy various artworks and help understand the artworks better. It also operates the education programs for children regularly, in which curators explain the exhibited artworks at children's level.
Library for Children
- Library for children operates the education program for children in order to improve children's imagination and creativity and increases ability of understanding on books and cultures.
Local Culture Institutes
- Local culture institutes operate several educational programs for children for the purpose of the balanced development of local cultures (Article 2 of the 「Promotion of Local Cultural Institutes Act」).
Proprieties School
- Proprieties school is a place where people can stay in the nature and learn for a specific period in order to improve concentration, change life habits, and establish desirable personal characters and values through the education of proprieties, Chinese characters, and personality education.
- There is no regulation on what kind of classification the proprieties school belongs to for the permission to run the institution; therefore, it is necessary to check carefully the matters regarding the type of classification proprieties school falls under and the installation of safety equipment for children’s safety.
Overseas Stay Program
- Short-term Language Training Course
· Short-term language training course is a program for educating children on language in auxiliary institutions of foreign universities or foreign private languageteaching institutes. It usually takes a period of 2~4 weeks.
- Family English Camp
· Family English camp is a program for the family with children, who are too young to go abroad for studying English. Through this program, the whole members of family can stay in a foreign country for a certain period and join the education of English for their children.
- Matters to check out for the short-term language training course abroad and the family English camp
· Expenses for the short-term language training course or the family English camp are often expensive compared to domestic education programs. Therefore, It is necessary to check relevant information, such as policies for refunds, before choosing the program.
Education by Home-Study Materials
Definition of Home-Study Materials
- Home-study materials
· Home-study materials are educational materials which are delivered regularly to develop talent and supplement the curriculum.
Right of consumers at conclusion of contract concerning home-study materials
- Right of rescission or termination of contract concerning home-study materials
· Any consumer who has concluded a contract with business operators of home-study materials may terminate such contract at any time during the contract period (the main sentence of Article 29 of the「Door-to-Door Sales, etc. Act」).
- Obligation of consumers to return
· Consumers shall return the returnable workbooks or free gifts to business operators of home-study materials when the contract of home-study materials concerned is terminated or rescinded (Article 30(2) of the「Door-to-Door Sales, etc. Act」).
- Obligation of business operators to refund
· Business operators of home-study materials shall take measures to refund the price or reduce the penalty for breach of contract when consumers returned workbooks or free gifts (Article 30(2) of the「Door-to-Door Sales, etc. Act」).
Refund standards for the contract concerning home-study materials [attached Table 2 of the 「Criteria for Consumers Dispute」 (Notification of Fair Trade Commission)]
Refund standards for the contract concerning home-study materials

Type

Reason for Refund

Refund Standard

Revocation of the contract by causes attributable to business operators

Defect of quality

(damage, lack of pages, bad recording)

Exchange

No delivery of a contract

Rescission of the contract

Charge of unfair penalties for request for cancellation of a contract

within a period of withdrawal of subscription

Rescission of the contract without penalties for the cancellation

(Simultaneous fulfillment of the return of received goods)

Packaging damage by seller in order to disrupt the right of withdrawal of consumers

Rescission of the contract

Falsity of identity or selling place of salesperson

Rescission of the contract

Partial default, after sale of membership or combined goods

Rescission of the contract

Cancellation of a contract of home-study materials before the termination of the contract due to a matter of business operators

(the basic date is when the written intention of the cancellation is notified)

Refund of subscription of the unexpired period

and compensation of 10% of subscription

Revocation of the contract by causes attributable to consumers

unused free gifts which are received at conclusion of contract of home-study materials

Return of free gifts

Damage of free gifts which are received at conclusion of contract of home-study materials

Refund of the amount that companies have purchased

Cancellation of a contract after a period of withdrawal of subscription

Refund excluding deductions of ordinary usage rate or damage rate due to usage

Cancellation of a contract of home-study materials due to causes attributable to consumers

(the basic date is when the written intention of the cancellation is notified)

Refund excluding deductions of 10% of subscription of the unexpired period

- Ordinary usage rate is the rate of ordinary usage fees, damage rate due to usage is the rate of an amount of damage according to return of items.
Education through Books for Children
Definition of Books for Children
- Books for Children are picture books, fairy tale books, etc. for preschoolers under 7 years oldin order to enhance creativity, intelligence and sensitivity of children.
Matters to check out for purchase of books on installment
- Confirmation of contents of the installment contract
· Before concluding an installment contract, consumers shall confirm contents of the installment contract as follows (Article 3 of the「Installment Contracts Act」):
√ The type and contents of the books;
√ Cash price for the books;
√ The price of installment for the books;
√ The price of each installment, the number of payments, and the date of payment;
√ The actual annual rate of an installment commission;
√ Contract deposit;
√ The rate applied in calculating the damages for delay in cases where consumers do not pay the installments.
- Receipt of a installment contract
· After Conclusion of a contract, consumers shall receive a contract document prescribing the contents of the contract (Article 4(3) of the 「Installment Transactions Act」).
Withdrawal of an Installment Contract
- A consumer may withdraw an installment contract within the following period (Article 8(1) of the 「Installment Transactions Act」):
· 7 days from the date on which the consumer received an installment contract (in cases where the books have been received later than the date of the contract's delivery, the basic date starts from the date when the books have been received)
· 7 days from the date on which the consumers became aware or may have become aware of the address of the bookseller in the following circumstances:
√ In cases where a consumer has not received the contract;
√ In cases where a consumer has received the contract not stating the address of the bookseller;
√ In cases where a consumer cannot withdraw the offer within a period of 7 days from the date when the consumer has received the contract due to the change of the bookseller's address;
· 7 days from the date on which a consumer became aware or may have become aware of the fact that the consumer may withdraw the contract in cases where matters concerning the withdrawal of an contract have not been stated on the contract
· In cases where an bookseller obstructs withdrawal of the contract, 7 days from the date on when such obstruction ends
Matters to check out for purchase of books by internet
- Check out creditability of cyber mall
· Consumers who want to use electronic commerce transactions shall verify the matters such as personal identify of a business operator of cyber mall, which is indicated on the main page (Article 7(1) of the 「Enforcement Rule of the Act on the Consumer Protection in the Electronic Commerce Transactions, etc.」).
- Check out safety of electronic payment
· In cases where a business operator uses a payment method of electronic document, he/she shall take necessary measures for the maintenance of security of the relevant information (Article 8(1) of the 「Act on the Consumer Protection in the Electronic Commerce Transactions, etc.」), so thatconsumers may confirm it before concluding a contract.
Withdrawal of a purchase contract of books by internet
- A Consumer who has signed a contract with the mail order distributor on the purchase of goods may cancel the order relating to the contract within the following period (Article 17(1) of the 「Act on the Consumer Protection in the Electronic Commerce Transactions, etc.」):
· 7 days from the day that consumers received the contract in cases where the books have been received later than the date of the contract's delivery, the basic date starts from the date when the books have been received)
· 7 days from the date on which the consumers became aware or may have become aware of the address of the mail order distributor in the following circumstances:
√ In cases where a consumer has not received the contract;
√ In cases where a consumer has received the contract not stating the address of the mail order distributor;
√ In cases where a consumer cannot withdraw the offer within a period of 7 days from the date when the consumer has received the contract due to the change of the mail order distributor's address;
- A consumer may cancel the order within 3 months from the day the books have been supplied in, or within 30 days he/she know or could have know, the following facts (Article 17(3) of the 「Act on the Consumer Protection in the Electronic Commerce Transactions, etc.」).
· In cases where the contents of books are different from contents originally indicated or advertised;
· In cases where it has been performed contrary to the contents of the contract
.