Article 1(Purpose) #
The purpose of this Act is to provide for matters concerning the import and distribution of the foreign publications, for promoting of the international cultural exchange and the sound development of the publication culture, and protecting public peace and order and public morals, by establishing sound order in the import of foreign publications.
Article 2(Definitions) #
The definition of terms used in this Act shall be as follows:
1. The term “foreign publications” means publications published in foreign countries (including electronic publications): Provided, That it includes publications published in North Korea, except publications brought in under the Inter-Korea Exchange and Cooperation Act;
2. The term “electronic publications” means objects through which the information, such as letters, characters, etc., is recorded on the electronic recording medium, and which people sees, hears, and reads with the aid of an electronic apparatus, such as computer, etc.: Provided, That those to which the Sound Records and Video Products Act is applied shall be excluded;
3. The term “distribution” means to assign, rent or display to the general public publications which are imported (including receiving or carrying in; hereinafter the same shall apply) from foreign countries, with or without receiving any consideration thereof;
4. The term “specified foreign publications” means any publications which might disturb the national constitution, or be prejudicial to the national security or public peace and order, and are prescribed by the Presidential Decree; and
5. The term “foreign publications injurious to public morals” means any publications which might undermine the established morals and customs, or the cultivation of the sentiments of youths, and are prescribed by the Presidential Decree.
Article 3 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 4 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 5(Recommendation for Import) #
(1) A person who intends to import foreign publication falling under any of the following for the purpose of distribution (hereinafter referred to as “importer”) shall require the recommendation for import by the Minister of Culture and Tourism under the conditions as prescribed by the Presidential Deree:
1. Publication issued by North Korea or anti-national groups; and
2. Comics, photoalbums, pictorial magazines, magazines, or novels.
(2) An importer may request the recommendation for import by the Minister of Culture and Tourism where he intends to import an item other than those falling under each subparagraph of paragraph (1), if it is beyond his ability to determine whether the said item is a public publication injurious to public morals or is one of the specified foreign publications.
[This Article Wholly Amended by Act No. 5658, Jan. 21, 1999]
Article 6(Presentation of Foreign Publications) #
(1) If it is deemed necessary, the Minister of Culture and Tourism may order a presentation of the samples of the foreign publications, and the person who receives such an order shall present the foreign publications to the Minister of Culture and Tourism before importing or distributing them, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5658, Jan. 21, 1999>
(2) The foreign publications presented under paragraph (1) shall be returned to the person presenting them, unless there is any justifiable reason, and if it becomes impossible to return the presented foreign publications without any justifiable reason, the State shall compensate for it.
Article 7(Restriction on Recommendation for Import, Distribution, etc.) #
(1) With respect to specified foreign publications or foreign publications injurious to public morals, the Minister of Culture and Tourism may restrict the importation of such foreign publications as prescribed in Article 5, or order suspension of or restriction on their distribution or deletion of contents. <Amended by Act No. 5658, Jan. 21, 1999>
(2) The Minister of Culture and Tourism may not recommend an importer for six months if the importer distributed foreign publications without the recommendation under Article 5 (1). <Newly Inserted by Act No. 5658, Jan. 21, 1999>
Article 8 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 9 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 10 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 11 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 12(Fee) #
A person who intends to obtain the recommendation under Article 5 shall pay the fee under the conditions as prescribed by the Presidential Decree.
[This Article Wholly Amended by Act No. 5658, Jan. 21, 1999]
Article 13 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 14 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 15(Special Provision, etc. as to Actual User) #
(1) The provisions of Article 5 (1) shall not be applied to a person who intends to import foreign publications for his own purpose.
(2) In case where a person who falls under paragraph (1) imports foreign publications, if there is any doubt on whether or not the contents of such foreign publications fall under any specified foreign publications or foreign publications injurious to public morals, the head of the customs house or related agency shall inquire of the Minister of Cultural and Tourism about it prior to the customs clearance. <Amended by Act No. 5658, Jan. 21, 1999>
(3) The Minister of Culture and Tourism shall, upon receiving the inquiry as referred to in paragraph(1), notify without delay his opinion on such inquiry. <Amended by Act No. 5658, Jan. 21, 1999>
Article 16(Penal Provisions) #
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years, or a fine not exceeding thirty million won, and the publications owned or possessed by the offender shall be confiscated: <Amended by Act No. 5658, Jan. 21, 1999>
1. Deleted; <by Act No. 5658, Jan. 21, 1999>
2. A person who imports and distributes any foreign publications without obtaining the recommendations as prescribed in Article 5 (1);
3. A person who fails to fulfill the order to present samples of the foreign publication as prescribed in Article 6 (1);
4. A person who fails to fulfill the order on the suspension or restriction of the distribution, or the deletion of the contents, as prescribed in Article 7;
5. Deleted; and <by Act No. 5658, Jan. 21, 1999>
6. A person who sells any foreign publications imported for his own purpose under Article 15 (1), for other purpose.
Article 17(Joint Penal Provision) #
If a representative of a juristic person, or an agent, serviceman or other employee of a juristic person or individual, commits the offence as prescribed in Article 16 in connection with the affairs of the juristic person or individual, the fine as prescribed in the said Article shall also be imposed on the juristic person or individual, in addition to a punishment of the offender.
Article 18 #
Deleted.<by Act No. 5658, Jan. 21, 1999>
Article 19 #
Deleted.<by Act No. 5658, Jan. 21, 1999>