Daycare Centers and Kindergartens in Korea Are Not Licensed the Same Way — 7 Things to Check Before Establishment
When walking down the street, we often see children running around while holding hands with teachers and friends.
But what is the difference between a daycare center and a kindergarten in Korea?
At first glance, they look similar.
Children spend time there, teachers are present, and there are classrooms and play areas.
So when someone acquires an existing daycare center or looks at a building that was previously used as a daycare facility, it is easy to think:
“This place already cared for children, so changing it into a kindergarten should not be that different.”
Administratively, however, that is not the case.
Daycare centers and kindergartens differ in governing law, approval authority, location review, facility standards, required documents, and post-establishment supervision.
If this difference is discovered only after signing a lease or starting renovation, the issue may not be resolved by simply supplementing a few documents.
What Is the Legal Difference Between a Daycare Center and a Kindergarten?
The first answer is simple.
A daycare center is a childcare facility under the Infant Care Act, while a kindergarten is a school under the Early Childhood Education Act.
To establish and operate a daycare center other than a national or public daycare center, approval must be obtained from the competent special self-governing city mayor, special self-governing province governor, mayor, county head, or district head under Article 13 of the Infant Care Act.
By contrast, a private kindergarten requires approval from the superintendent of education under Article 8 of the Early Childhood Education Act.
In other words, the competent administrative authority is different from the beginning.
For daycare centers, the local government reviews factors such as local childcare demand and daycare installation standards.
For kindergartens, the education office reviews facility and equipment standards, child placement plans, and restrictions under other laws.
Even if the facilities look similar, the questions asked by the authorities are different.
Can a Former Daycare Center Site Be Used for a Kindergarten?
The fact that a daycare center previously operated at the location does not automatically mean that a kindergarten can be established there.
An administrative appeal case illustrates this difference well.
In 2014, a kindergarten received establishment approval after remodeling a daycare center that had been operated at the same location by the same representative.
But a problem arose.
Existing livestock barns and livestock excreta discharge facilities were located within 200 meters of the kindergarten boundary.
The administrative appeals commission found that those facilities fell under prohibited facilities under the School Health Act at the time, and that the kindergarten approval based on an education environment evaluation that failed to properly confirm them had a serious defect.
As a result, the kindergarten establishment approval was revoked.
[Anti-Corruption and Civil Rights Commission, Ganggyo Administrative Appeal 2014-3, June 19, 2014, accepted]
The important lesson is not simply that “a kindergarten cannot be near livestock barns.”
The kindergarten in that case was located where a daycare center had already been operated.
The fact that there was no issue when operating as a daycare center did not guarantee kindergarten establishment approval.
The governing legal framework had changed.
At the time of that decision, the School Environmental Sanitation and Cleanup Zone system under the School Health Act applied. Today, the relevant education environment regulations are mainly governed by the Education Environment Protection Act. Under the current system, an education environment protection zone is established within 200 meters in a straight line from a school boundary or planned school site boundary, and livestock excreta discharge facilities are included among restricted facilities.
When reviewing older decisions, it is important not only to read the law that applied at the time, but also to check which current law now governs the same regulatory system.
Daycare Centers and Kindergartens at a Glance
| Category | Daycare Center | Kindergarten | |---|---|---| | Governing law | Infant Care Act | Early Childhood Education Act | | Basic nature | Childcare facility | School | | Approval authority | Special self-governing city/province governor, mayor, county head, or district head | Superintendent of education | | Main review factors | Local childcare demand, installation standards, facility suitability | Facility and equipment standards, child placement plan, restrictions under other laws | | Location review | Building use and daycare installation standards | Building and school facility standards, education environment regulations | | Main documents | Lease agreement, floor plan, equipment list, director qualification, staff hiring plan, operation plan, etc. | Kindergarten rules, site and building materials, floor plan, financial capacity materials, principal appointment documents, etc. | | Site review | Confirmation of installation standards, fire review if needed | Review of school facility/equipment standards and education environment | | Changes after approval | Important changes such as representative, type, name, location, capacity may require change approval | Closure and important changes prescribed by Presidential Decree may require superintendent approval | | Key post-operation risks | Actual operator, facility standards, childcare supervision | School accounting, education office supervision, establishment and management regulations |
For that reason, it is not advisable to prepare daycare center approval procedures and kindergarten establishment requirements using the same checklist.
In practice, people often say “daycare license,” but the more accurate legal expression is daycare center establishment approval.
What Documents Are Reviewed for Daycare Center Establishment Approval?
A daycare center establishment approval application generally includes documents such as the following under the Enforcement Rule of the Infant Care Act:
- Articles of incorporation and contribution-related documents, if the founder is a corporation
- Rules or bylaws, if the founder is an organization
- Lease agreement, if the premises are leased
- Floor plan showing area by daycare structure
- Daycare center and equipment list
- Documents proving director qualification
- Childcare staff hiring plan
- Daycare center operation plan
- Documents on ability to pay expenses and debts, for individual founders
- Playground use plan and safety-related materials in certain cases
The competent authority does not review only documents.
It also confirms on site whether the daycare center satisfies installation standards.
If a daycare center is installed on the second floor or above, the competent authority may request the fire authority to confirm whether emergency disaster prevention, fire, and evacuation facilities meet the required standards.
Therefore, how one room is marked on the floor plan, where the entrance is located, and whether the actual site matches the drawing are not just design issues.
They are administrative materials connected to approval review.
What Additional Issues Are Reviewed for Kindergarten Establishment Approval?
A kindergarten cannot be established simply because the facility is ready.
Article 8 of the Early Childhood Education Act requires establishment standards such as facilities and equipment, and private kindergartens require approval from the superintendent of education.
The superintendent may not grant approval if:
- Statutory facility and equipment standards are not met
- The plan does not conform to the child placement plan established by the superintendent
- Certain statutory suspension history applies
- The establishment violates the Early Childhood Education Act or restrictions under other laws
Therefore, “making the building meet kindergarten facility standards” is not enough.
At the application stage, documents such as kindergarten rules, site-related materials, floor plans including classrooms and playgrounds, financial capacity materials of the founder, principal qualification documents, and facility/equipment materials may be reviewed.
Additional documents may also be required under city or provincial establishment approval guidelines.
For that reason, before looking for a facility, it is especially important for kindergartens to check the child placement plan and establishment approval standards of the competent education office.
What Should Be Checked Before Signing a Daycare or Kindergarten Lease?
The lowest-cost time to review risk is before signing the contract.
The following order is recommended.
1. Decide Whether It Will Be a Daycare Center or Kindergarten
This may sound obvious, but it is the most important step.
Daycare centers and kindergartens differ from the filing authority to the applicable law.
If you look for a building before deciding which system to operate under, the review criteria may change later.
2. Check the Building Register and Building Use
Do not sign immediately just because the building looks suitable.
Check the building register first.
You should review whether the current building use and facility structure match the planned operation.
If change of use or facility work is needed, feasibility should be reviewed before signing.
3. For Kindergartens, Check the Surrounding Education Environment
Kindergartens are part of the school system.
Therefore, you should review not only the inside of the building but also the education environment protection zone and nearby facilities.
The 2014 administrative appeal case shows exactly this point.
Even if the inside of the facility is perfect, missing legal restrictions at the location stage can undermine establishment approval itself.
4. Match the Floor Plan With Actual Movement Routes
The floor plan submitted with the approval application is not just reference material.
Room uses, areas, entrance and exit routes, and auxiliary facilities must match the application.
If you try to correct the facility after renovation is complete, costs can increase.
If reviewed at the floor-plan stage, corrections can be made before construction.
5. Organize the Founder, Representative, and Actual Operation Structure
It also matters who secures the facility, who becomes the founder, and who actually operates it.
Matching only the representative’s name may not be enough.
If the real estate owner, approval holder, and actual operator are different, separate issues may arise in tax, approval, and operation stages.
6. Prepare Director, Principal, and Staff Materials Early
Director or principal qualification documents should not be checked only at the last moment before opening.
It is better to organize them together when the facility and operating structure are confirmed.
If one document is delayed, the entire opening schedule can be affected.
7. Think About Changes After Approval Before Signing
It is easy to think that once approval is granted, everything is finished.
That is not the case.
For daycare centers, certain changes such as representative, type, name, location, and capacity may require change approval.
For kindergartens, important changes may also require separate approval.
If you plan to acquire an existing facility, first check whether the existing approval can actually be used as-is.
If You Acquire an Existing Daycare Center, Is Changing the Representative Enough?
This point also requires caution.
In Supreme Court case 2024Du39912, a property received acquisition tax reduction for daycare use, but the property was leased to a third party who operated the daycare center as representative.
The Supreme Court dismissed the appeal, leaving in place the view that the property could not be considered directly used for the tax-reduction purpose.
[Supreme Court, July 25, 2024, 2024Du39912]
This decision does not mean that changing a daycare representative is always impossible.
The key point is more specific.
If legal ownership and actual daycare operation are structured separately, not only approval issues but also other legal relationships such as acquisition tax reduction may move in unexpected directions.
Therefore, when acquiring an existing facility, do not ask only “Can we just change the approval name?”
Review the following together:
- Who owns the real estate?
- Who is the current daycare representative?
- Who will actually operate the facility after acquisition?
- How is the lease structured?
- Are there existing tax benefits or support conditions?
- What changes require change approval?
One change can affect other administrative relationships.
Why Is Management Important Even After Kindergarten Approval?
A kindergarten should not be viewed as a private business facility where everything ends after establishment approval.
Because it operates within the school system, supervision by the superintendent of education and accounting regulations are important.
In a 2023 private kindergarten accounting case, the Supreme Court confirmed that private kindergarten principals and others have a duty to comply with legally required accounting methods, and that the superintendent of education has supervisory authority over such matters.
[Supreme Court, March 16, 2023, 2022Du63744]
However, in that case, the legality of some measures ordered by the superintendent was separately disputed, and part of the lower court decision was reversed and remanded.
Therefore, the decision should not be read simply as “kindergartens must always follow any education office order.”
The important point is that the superintendent’s supervisory authority exists, but the exercise of that authority also has legal limits.
If establishing a kindergarten, the accounting and operation structure after approval should also be designed on the premise of school-related regulations.
What Is the Riskiest Order?
The riskiest order is usually:
Building contract
→ Renovation
→ Recruit director or principal
→ Check approval feasibility at the end
If location or facility standard issues are discovered at that point, the money already spent reduces your options.
The safer order is:
Decide operation type
→ Check competent authority and basic approval feasibility
→ Review building and location
→ Confirm founder and operation structure
→ Review floor plan and facility plan
→ Sign contract
→ Prepare approval documents
→ Construction and site confirmation
→ Approval
In licensing and approval work, the most expensive mistake is often not writing the wrong document, but doing things in the wrong order.
Documents can be revised, but a signed lease and completed renovation are much more expensive to reverse.
Where Would an Administrative Review Start?
If reviewing daycare center or kindergarten establishment, I would not begin by making a document list.
I would first ask:
“Can this location be approved under this operating structure?”
First, decide whether the legal structure is a daycare center or kindergarten.
Second, review the building register, site, and floor plan.
Third, if it is a kindergarten, review the child placement plan and education environment restrictions.
Fourth, separate the founder, representative, director or principal, and real estate ownership structure.
Finally, organize the application and attachments according to that structure.
From the perspective of the reviewing authority, it is often more important that the application, floor plan, building status, and operating parties tell the same story than simply whether one document exists.
For that reason, it is safer to design the real operating structure and document structure together from the beginning, rather than trying to match documents after the contract and construction are done.
Daycare and Kindergarten Pre-Establishment Checklist
Before signing a contract, you should be able to answer at least the following:
- [ ] Have you decided whether the facility will operate as a daycare center or kindergarten?
- [ ] Have you checked the competent administrative authority and basic approval standards?
- [ ] Have you checked the building use on the building register and the actual facility structure?
- [ ] If it is a kindergarten, have you checked the child placement plan and education environment restrictions?
- [ ] Are the founder, representative, director or principal, and actual operator structure organized?
- [ ] Does the floor plan match the actual planned facility?
- [ ] If acquiring an existing facility, have you checked which items require change approval?
- [ ] Does the contract address what happens if approval is not granted?
If the answers are still unclear, that is where general internet information becomes less useful.
The issue should be judged individually based on the specific building and establishment structure.
For Daycare and Kindergarten Establishment, Check the Structure Before Signing
In summary, daycare centers and kindergartens may look similar, but legally they are different systems.
A daycare center starts with establishment approval under the Infant Care Act, while a kindergarten starts with school establishment approval under the Early Childhood Education Act.
Therefore, even at the same location, the result may differ.
A pre-contract review is especially important if:
- You are looking for a building to use as a daycare center or kindergarten
- You plan to acquire an existing daycare center
- You plan to convert a daycare center into a kindergarten
- You plan to change the representative, founder, or operator
- You already signed a lease but approval feasibility is uncertain
- You are preparing floor plans or facility construction
It is much better to check approval feasibility and required procedures before signing than to solve problems afterward.
If you need review based on the building and operating model you are considering, you can submit basic information online.
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Legal Authorities, Cases, and Decisions
- Infant Care Act Article 13
- Enforcement Rule of the Infant Care Act Articles 4-3, 5, and 5-2
- Early Childhood Education Act Article 8
- Enforcement Decree of the Early Childhood Education Act
- Enforcement Rule of the Early Childhood Education Act
- Regulations on Establishment and Operation of Schools Below High School
- Education Environment Protection Act Articles 8 and 9
- Anti-Corruption and Civil Rights Commission, Ganggyo Administrative Appeal 2014-3, June 19, 2014, kindergarten establishment approval cancellation case
- Supreme Court, July 25, 2024, 2024Du39912
- Supreme Court, March 16, 2023, 2022Du63744