Education institutions & qualification registration

Applying for Foreign School and Foreign Kindergarten Establishment Approval — Founder Eligibility, 30% Domestic Student Limit, Filing 6 Months Before Opening

A foreign school is a miscellaneous school established to educate the children of foreigners and others, based on Article 60-2 of the Elementary and Secondary Education Act, and a foreign kindergarten is based on Article 16 of the Early Childhood Education Act. Like private schools and private kindergartens, both need establishment approval from the city or provincial superintendent of education, and the establishment standards, curriculum and admission qualifications are set by the Presidential Decree, the Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens. A foreign school may be established by a foreigner, a non-profit foreign corporation, or a school foundation under the Private School Act, while a foreign kindergarten may be established only by a foreigner or a non-profit foreign corporation. The approval application is filed after the school building's use approval and at least 6 months (4 months for kindergartens) before the planned opening date, and the superintendent notifies the decision at least 3 months before the planned opening date. Using a school name or recruiting students to operate a de facto school without approval is punishable by imprisonment of up to 3 years or a fine of up to 30,000,000 won.

Procedure

  1. 1. Confirm founder eligibility and school type

    A foreign school founder must be a foreigner, a non-profit foreign corporation established under foreign law with its principal office abroad, or a school foundation under the Private School Act, and a foreign kindergarten may be established only by a foreigner or a non-profit foreign corporation. Domestic for-profit corporations are not on this list of eligible founders, so the contract structure with the overseas home school must be designed to fit founder eligibility. A foreign school may run kindergarten, elementary, middle and high school programs in an integrated way, and its name must indicate that it is a school or kindergarten for foreigners (except foreign schools whose academic credentials are recognized).

  2. 2. Secure the school site and buildings and submit the school establishment plan

    Facility, equipment and property standards follow the Regulations on the Establishment and Operation of High Schools and Lower-Level Schools. The school site and facilities for teaching and learning may be leased, but facilities other than gymnasiums, auditoriums, storage buildings, guard rooms, outdoor toilets and staff housing may be leased only from the State, local governments or foreign governments, public institutions, government-funded research institutes, local government-invested or -funded institutions, public interest corporations or school foundations, and the minimum lease period is set by city or provincial education rules. If the facility and equipment standards are not yet met, submit a school establishment plan with a school site acquisition plan, building construction plan, funding plan, founder's resume and property statement to the superintendent by March 31 each year, and the superintendent notifies approval within 3 months.

  3. 3. Prepare school rules, curriculum and staffing plan

    The school rules state the purpose, name and location, years of study and semesters, class organization and student capacity, curriculum and school days, procedures for admission, transfer and graduation, tuition and entrance fees, qualifications of the principal and teachers, student awards and discipline, and the procedure for amending the rules. A foreign school established by a school foundation must run an internationally accredited curriculum recognized by the Minister of Education. If domestic graduates are to receive recognition of Korean academic credentials, also plan to teach at least 2 subjects including Korean language and social studies for at least 102 hours each per year, with teachers holding at least a grade 2 regular teacher certificate.

  4. 4. Submit the school establishment approval application

    After receiving the school building's use approval, submit the school establishment approval application to the superintendent at least 6 months before the planned opening date, attaching the school rules, expenses and maintenance method, school building layout and floor plans, documents on contributions (for a corporation) or on ability to pay expenses and repay debts (for an individual), equipment documents and the plan for securing the principal and other staff. For a foreign kindergarten the deadline is 4 months before opening, and the qualification documents, sex offense record check consent form and personal history statement of the prospective principal are also required. The superintendent notifies the decision at least 3 months before the planned opening date (within 2 months of receipt for kindergartens), and if there is an unavoidable reason, filing may be postponed for up to 2 years by submitting a postponement application within the deadline.

  5. 5. Manage admissions, disclosure and change approvals after approval

    Domestic students may be admitted only if they have lived abroad for a total of at least 3 years or meet other conditions, and they may not exceed 30 percent of student capacity, although the superintendent may raise this ratio within a range of 20 percent through city or provincial education rules. The school rules must be disclosed on the school website or similar, and when teachers are appointed or dismissed, their personal details must be reported to the competent education office within 7 days. Changing important matters such as the founder, name, location, expenses and maintenance method or building floor plans requires change approval from the superintendent.

Required documents

  • School establishment approval application (Enforcement Rule of the Elementary and Secondary Education Act, Form No. 1; for foreign kindergartens, Enforcement Rule of the Early Childhood Education Act, Form No. 1)
  • School rules (kindergarten rules for foreign kindergartens)
  • Documents on expenses and maintenance method
  • School building (including athletic grounds) layout and floor plans
  • Documents on contributions (if the founder is a corporation) or on ability to pay expenses and repay debts (if the founder is an individual)
  • Plan for securing the principal and other staff (for foreign kindergartens, the prospective principal's qualification documents, sex offense record check consent form and personal history statement)
  • Equipment documents and lease documents if the school site or facilities are leased
  • Annual supplementation plan for facilities to be added after approval and implementation status report (if some facilities or equipment are not yet secured)
  • Letter of authorization (when filed by an agent)

Fees

Typically from several hundred thousand won upward in the industry · quoted after consultation depending on whether the work starts from the school establishment plan stage, the number of integrated programs, and the scope of preparing school rules and the staffing plan. Government fees and school building construction or lease costs are separate.

Legal basis and review date

  • Elementary and Secondary Education Act, Article 4
  • Elementary and Secondary Education Act, Article 60-2
  • Elementary and Secondary Education Act, Article 65
  • Elementary and Secondary Education Act, Article 67
  • Enforcement Decree of the Elementary and Secondary Education Act, Article 3
  • Enforcement Decree of the Elementary and Secondary Education Act, Article 5
  • Enforcement Rule of the Elementary and Secondary Education Act, Article 2
  • Enforcement Rule of the Elementary and Secondary Education Act, Form No. 1
  • Early Childhood Education Act, Article 8
  • Early Childhood Education Act, Article 16
  • Enforcement Decree of the Early Childhood Education Act, Article 9
  • Enforcement Rule of the Early Childhood Education Act, Article 2
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 3
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 4
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 5
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 6
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 7
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 8
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 9
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 10
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 11
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 12
  • Regulations on the Establishment and Operation of Foreign Schools and Foreign Kindergartens, Article 14
  • Regulations on the Establishment and Operation of High Schools and Lower-Level Schools, Article 15
  • Enforcement Rule of the Regulations on the Establishment and Operation of High Schools and Lower-Level Schools, Article 2
  • Enforcement Rule of the Regulations on the Establishment and Operation of High Schools and Lower-Level Schools, Article 3
  • Enforcement Rule of the Regulations on the Establishment and Operation of High Schools and Lower-Level Schools, Article 4
  • Enforcement Rule of the Regulations on the Establishment and Operation of High Schools and Lower-Level Schools, Article 5

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Using a school name or recruiting students to operate a de facto school without establishment approval is punishable by imprisonment of up to 3 years or a fine of up to 30,000,000 won, and the education office may order the facility closed.
  • School establishment plans are accepted only by March 31 each year, so once the opening year is set, check the filing timing together with the school site and building schedule.

Frequently asked questions

Can a Korean company establish a foreign school?
Domestic for-profit corporations are not on the list of eligible founders. A foreign school may be established only by a foreigner, a non-profit foreign corporation or a school foundation under the Private School Act, and a foreign kindergarten only by a foreigner or a non-profit foreign corporation. A license agreement with an overseas home school alone does not make an institution a foreign school, so the founding entity must be settled first.
Can Korean students enroll in a foreign school?
Korean nationals who have lived abroad for a total of at least 3 years, and children of naturalized citizens whom the principal, after deliberation by the school steering committee, recognizes as having difficulty continuing their studies, among others, may enroll. Korean nationals with at least 3 years abroad may not exceed 30 percent of student capacity, and the superintendent may raise the ratio within a range of 20 percent through city or provincial education rules.
By when must the foreign school establishment approval application be filed?
File after the school building's use approval and at least 6 months before the planned opening date, or 4 months for a foreign kindergarten. If the facility and equipment standards are not met in advance, a school establishment plan must first be submitted by March 31 of the year and approved, so plan the schedule backward from the opening date.
Can a foreign school open in a leased building?
The school site and teaching and learning facilities may be leased. However, facilities other than gymnasiums, auditoriums, storage buildings, guard rooms, outdoor toilets and staff housing may be leased only from the State, local governments, foreign governments, public institutions, government-funded research institutes, public interest corporations, school foundations and similar bodies, and the minimum lease period must be checked in the city or provincial education rules.
Does an administrative agent handle foreign school establishment approval documents?
Yes. Hwang Yunsang Administrative Office reviews founder eligibility and school site and lease conditions, drafts the school establishment plan, organizes the school rules, curriculum and staffing plan, prepares the school establishment approval application and attachments, submits them to the education office on the client's behalf, responds to supplementation requests, and drafts change approval applications after approval.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.