Correction orders for alternative schools' building use violations to be scrapped

Correction orders and compulsory fines imposed on alternative education institutions for allegedly illegal building use are expected to become a thing of the past.

The Ministry of Land, Infrastructure and Transport and the Ministry of Education announced Wednesday they will pre-announce amendments to the Building Act enforcement decree and the enforcement decree of the Act on Alternative Education Institutions, respectively, to clearly define the building-use categories in which alternative education institutions may legally operate.

Alternative education institutions are schools that focus on learner-centered education tailored to each student's individual talents and aptitudes. As of April, 253 institutions registered with local education offices nationwide enrolled about 11,000 students. These schools have operated in various settings — including apartment buildings, neighborhood living facilities and religious facilities — but existing building regulations did not clearly specify which building-use categories they were permitted to occupy.

In response, the Ministry of Land, Infrastructure and Transport will create a new "alternative education institution" building-use category, reflecting the two-tier classification already established under Ministry of Education regulations: home-type and general-type. Home-type alternative education institutions will be classified under single-family and multi-family residential uses. General-type institutions will fall under second-class neighborhood living facilities if their total floor area is less than 500 square meters, or under education and research facilities if it is 500 square meters or more. In addition, if a religious facility has registered part of its premises as an alternative education institution, that portion will be recognized as an ancillary use.

The changes are expected to eliminate the legal basis on which local governments have issued correction orders and compulsory fines on the grounds that alternative education institutions were using buildings in unauthorized ways. The ministry projected that about 91 percent of alternative education institutions would be able to operate legally in their current buildings once the amendments take effect.

Institutions whose current building use does not conform to the newly established categories will be given a three-year grace period to change their building use or relocate. The government plans to provide consulting and other on-site support during that transition.

The Ministry of Land, Infrastructure and Transport also plans to revise the enforcement decree of the National Land Planning and Utilization Act to specify which types of alternative education institutions may be built in each land-use zone.

Kim I-tak, first vice minister of land, infrastructure and transport, said the reform was significant because the two ministries had joined forces to amend the relevant laws to resolve problems faced by educational institutions on the ground. "We will continue to work closely with related agencies to actively support the regulatory improvements that are truly needed in the field," he said.