Article 1(Purpose) #
The purpose of this Act is to contribute to the cultural and emotional living of the people, by striving for a qualitative improvement of sound records and video products, and promoting a sound fostering and development of the sound records and video products industry.
Article 2(Definitions) #
The definitions of terms used in this Act shall be as follows:
1. The term “sound records” means a tangible object produced in such manner that the sound is attached thereto for reproduction (excluding industrial laboratory tapes);
2. The term “video products” means a tangible object produced in such manner that the images (regardless of whether or not they are accompanied by sound) are attached thereto for reproduction, and made in the forms of tape, disk and other new material (hereinafter referred to as “new material video products”): Provided, That those made by computer programs (limited to those in which the motion pictures, musics, games, etc. are not recorded) and those falling under recreation machines, instruments and boards thereof as prescribed in Article 12-2 of the Public Health Act, are excluded;
3. The term “sound record producer” means a person who produces sound records as a business;
4. The term “video products producer” means a person who produces video products as a business;
5. The term “production” means to produce sound records or video products by way of planned production, reproduction, etc.; and
6. The term “sound records and video products distribution-elated businessman” means those who carry on the businesses falling under any one of the following items:
(a) Sound records sales business: a business selling and distributing sound records;
(b) Video products sales business: a business selling and distributing video products;
(c) Video products lending business: a business lending video products; and
(d) Video products appreciation room business: a business, having video products and audio-visual equipment, of offering the audience the watching and listening of video products (including the case where the user uses such equipment by operating it himself) (excluding the business falling under the business of public performance place under the Public Performance Act and the business affecting public morals, as prescribed in subparagraph 3 of Article 2 of the Act on the Regulation of Amusement Businesses Affecting Public Morals).
Article 3(Establishment of Policy for Promotion of Sound Records and Video Products) #
(1) The Minister of Culture and Sports shall establish and execute the policy for promoting the sound records and video products industry (hereinafter referred to as “promotion policy”).
(2) The promotion policy as referred to in paragraph (1) of this Article shall include the following matters:
1. Matters concerning the activation of the production activities;
2. Matters concerning the technical development and the improvement of the technical level;
3. Matters concerning the improvement of the distribution structure, such as the expansion of the distribution facilities, specialization of distribution enterprises, etc.; and
4. Other important matters concerning the promotion of sound records and video products industry.
(3) In establishing the promotion policy as referred to in paragraphs (1) and (2) of this Article, the Minister of Culture and Sports shall consider the matters necessary for the development of the contents of games, support to the production, cultivation of specialized manpower, etc.
(4) When it is required for the establishment of the promotion policy or execution thereof, the Minister of Culture and Sports may request cooperation from related administrative agencies, organizations, individuals, etc. In this case, a person who receives a request for cooperation shall comply with it unless there is any special circumstance.
Article 4(Registration of Producer) #
(1) Any person who desires to be a records or video products producer, shall make a registration with the Minister of Culture and Sports under the conditions as prescribed by the Presidential Decree: Provided, That in the case of persons as prescribed by the Presidential Decree, this shall not apply.
(2) Any person who desires to make the registration under paragraph (1) of this Article, shall provide such facilities as prescribed by the Presidential Decree.
Article 5(Reasons for Disqualification) #
No person who falls under any of the following subparagraphs is eligible to make the registration of producer as prescribed in Article 4 (1):
1. A person who is a minor, incompetent, or quasi-incompetent;
2. A person who has been declared bankrupt and has not been reinstated;
3. A person who has been sentenced to a punishment of imprisonment without prison labor or severer for a violation of this Act, and for whom one year has not passed after the execution of such sentence is terminated, or the non-execution becomes definite;
4. A person who is sentenced to a stay of execution for a violation of this Act, and is now in the period of such stay; and
5. Juristic person the representative or officer of which falls under any of subparagraphs 1 through 4 of this Article.
Article 6(Liability for Indication) #
Any person who produces or imports any sound records or video products with the intention of selling, distributing or lending them, or offering them for looking and listening, shall indicate on each sound record or video product the pertaining matters, such as the trade name and registration number of the person who has produced or imported it, the date of manufacture or importation, the audio-visual grade for looking and listening as prescribed in Article 18 (2), and in case of those annexed to books, the trade name of the publishing company which has published the books, and other matters as determined by the Ordinance of the Ministry of Culture and Sports, respectively.
Article 7(Registration of Distribution-Related Businessman) #
(1) Any person who desires to be a sound records and video products distribution-related businessman (hereinafter referred to as “distributionrelated businessman”), shall make a registration with the head of the Si/Gun/Gu (limited to the autonomous Gu; hereinafter the same shall apply) under the conditions as prescribed by the Presidential Decree.
(2) Any person, among the distribution-related businessmen, who desires to carry on a video products appreciation room business shall provide such facilities as prescribed by the Ordinance of Ministry of Culture and Sports, and make the registration as referred to in paragraph (1) of this Article.
(3) The provisions of Article 5 shall apply mutatis mutandis to the distribution-related businessman.
Article 8(Matters to be Observed by Distribution-Related Businessman) #
The distribution-related businessman shall observe such matters as determined by the Presidential Decree, to maintain sound business order.
Article 9(Report on Modification of Registered Matters) #
If a person who has made the registration under Article 4 (1) or 7 (1) desires to modify any of the registered matters, he shall report it to the Minister of Culture and Sports or the head of the Si/Gun/Gu (hereinafter referred to as “registration authorities”).
Article 10(Registration Certificate) #
The registration authorities shall deliver without delay the registration certificate to the person who has made the registration under Article 4 (1) or 7 (1), according to the classification of business categories, and if the report as prescribed in Article 9 is made, deliver the renewed registration certificate.
Article 11(Closure of Business) #
If a person who has made the registration under Article 4 (1) or 7 (1) closes the business concerned, he shall return the registration certificate to the registration authorities within seven days after the closure of the business.
Article 12(Cancellation, etc. of Registration) #
(1) If a person who has made the registration under Article 4 (1) or 7 (1), falls under any of the following subparagraphs, the registration authorities may cancel the registration, or order the suspension of the business of production, sale, distribution, lending, offering for looking and listening, etc., fixing a period of suspension not exceeding six months:
1. Where he has made the registration by a deceitful or other unlawful manner;
2. Where he fails to maintain the facilities as prescribed in Article 4 (2) or 7 (2);
3. Where he falls under any of subparagraphs of Article 5 (excluding the case where the representative or officer of a juristic person concerned falls under such cause, but he is replaced within three months);
4. Where he violates the matters to be observed under Article 8;
5. Where he fails to make the report on modification as prescribed in Article 9;
6. Where he fails to attain any actual result of the production of domestic sound records or video products consecutively for one or more years without any justifiable reason (limited to producers);
7. Where he sells, distributes, lends or offers for looking and listening any sound records or video products falling under subparagraphs of Article 22 (1), or displays or keeps them with the intention of sale, distribution, lending or offer for looking and listening, etc., or shows (including the reproduction of any sound; hereinafter the same shall apply) them at a place where many and unspecified persons go in and out; and
8. Where he violates this Act or any order issued under this Act.
(2) Any person whose registration is cancelled under paragraph (1) of this Article shall return the registration certificate to the registration authorities within seven days after he is notified of the cancellation of registration.
(3) The registration as prescribed in Article 4 (1) or 7 (1) shall not be made in the cases falling under any of the following subparagraphs:
1. Where a person (including the representative or officer, in case of a juristic person) for whom one year has not passed after the registration is cancelled under paragraph (1) of this Article, or the person whose business suspension period is not terminated after he received an order of business suspension, desires to resume the same category of business; and
Article 13(Imposition of Penalty) #
(1) If a person who has made the registration under Article 4 (1) or 7 (1) falls under any of subparagraphs of Article 12 (1), the registration authorities may impose a penalty not exceeding ten million won in lieu of the disposition of the business suspension under the conditions as prescribed by the Presidential Decree.
(2) The amount of the penalty, depending on the category and degree of the offense on which the penalty is imposed under paragraph (1) of this Article, and other necessary matters, shall be determined by the Presidential Decree.
(3) If the penalty as referred to in paragraph (1) of this Article is not paid within the specified period, the registration authorities shall collect it according to the practice of a disposition on default of national or local tax in arrears.
Article 14(Hearing) #
If the registration authorities intend to cancel the registration pursuant to the provisions of Article 12 (1), they shall hold a hearing.
[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]
Article 15(Importation of Sound Records or Video Products) #
(1) When a person desires to import any sound records produced in a foreign country (includes an original plate of the sound records, hereinafter referred to as “foreign sound records”) or video products produced in a foreign country (including the original version of the video products; hereinafter referred to as “foreign video products”) he shall obtain the recommendation of the Korea Public Performance and Art Promotion Council as prescribed by the Public Performance Act (hereinafter referred to as the “Korea Public Performance and Art Promotion Council”) under the conditions as prescribed by the Presidential Decree, except in the case as prescribed by the Presidential Decree. <Amended by Act No. 5322, Apr. 10, 1997>
(2) In case where a person desires to produce locally any foreign sound records or foreign video products the importation of which is not recommended under paragraph (1) of this Article, he shall also obtain the recommendation as referred to in paragraph (1) of this Article.
(3) The recommendation on importation as referred to in paragraph (1) of this Article may be obtained only by a producer or distribution-related businessman (limited to those who carry on a sales business) who has made the registration under Article 4 (1) or 7 (1).
(4) Matters necessary for the recommendation as referred to in paragraphs (1) and (2) of this Article shall be determined by the Presidential Decree.
Article 16(Carry-in of Sound Records or Video Products) #
When any person carries in any foreign sound records or foreign video products into Korea without any intention of gaining profit, (hereinafter referred to as “carry-in”) he shall obtain the recommendation of the Korea Public Performance Art Promotion Council, under the conditions as prescribed by the Presidential Decree: Provided, That this does not apply for the case as prescribed by the Presidential Decree. <Amended by Act No. 5322, Apr. 10, 1997>
Article 17(Deliberation) #
(1) Any person who desires to produce or obtain a recommendation to import or carry-in any video products with the intention of sale, distribution, lending, offer for looking and listening, etc., shall go through a prior deliberation of the Korea Public Performance and Art Promotion Council on the contents thereof, under the conditions as prescribed by the Presidential Decree: Provided, That this does not apply for the case as prescribed by the Presidential Decree. <Amended by Act No. 5322, Apr. 10, 1997>
(2) Any person who desires to produce or obtain a recommendation to import or carry-in any records with the intention of sale, distribution, lending, etc., may go through a prior deliberation of the Korea Public Performance and Art Promotion Council on the contents thereof. <Amended by Act No. 5322, Apr. 10, 1997>
(3) No person shall sell, distribute, lend or offer for looking and listening any video products which did not go through the deliberation under paragraph (1) of this Article, or the contents of which are different from the result of deliberation, or display or keep them with the intention of sale, distribution, lending or offering for looking and listening, or show them at any place where many and unspecified persons go in and out, and shall have any minors (refer to those under eighteen years of age; hereinafter the same shall apply) sell, distribute, lend, look or listen to them, in contravention of the grade as prescribed in Article 18 (2).
(4) Notwithstanding the provisions of paragraph (2), the Korea Public Performance and Art Promotion Council may deliberate any sound records which are deemed to fall under subparagraphs of Article 18 (1), and any person who desires to produce such sound records shall observe the result of deliberation unless there is any special circumstance. <Amended by Act No. 5322, Apr. 10, 1997>
(5) The Korea Public Performance and Art Promotion Council may make any necessary demand, such as presentation of materials, etc., to any person who desires to produce, import or carry-in sound records or video products, for an efficient deliberation on such sound records or video products. <Amended by Act No. 5322, Apr. 10, 1997>
Article 18(Criteria for Deliberation) #
(1) In the deliberation pursuant to Article 17 (1), the Korea Public Performance and Art Promotion Council shall not decide as having been deliberated on any video products the contents of which are deemed to fall under any of the following subparagraphs: Provided, That if it is deemed that it does not impede in the use thereof even though the part concerned is deleted, the video products may be decided to have gone through the deliberation with such part deleted: <Amended by Act No. 5322, Apr. 10, 1997>
1. Contents which are contrary to the basic democratic order of the Constitution, or might damage the authority or interest of the State; and
2. Contents which might be detrimental to established social morals and customs, or disturb social order.
(2) In the deliberation pursuant to Article 17 (1), with respect to any video products the contents of which are deemed to fall under any of the following subparagraphs, the Korea Public Performance and Art Promotion Council may decide that minors shall not look and listen to them: Provided, That with respect to the video products for which it is decided to allow minors to look and listen to the audio-visual grade may further be subdivided in consideration of age, social experience, etc. of minors, under the conditions as prescribed by the Presidential Decree: <Amended by Act No. 5322, Apr. 10, 1997>
1. Contents which might be detrimental to the cultivation of minors’ sound moral character;
2. Contents which might stir up any speculative spirit of minors;
3. Contents which might incite any sexual urge of minors; and
4. Contents which might encourage any violence, brutality, and other criminal act of minors.
(3) The detailed matters concerning the criteria for deliberation as referred to in paragraphs (1) and (2) of this Article shall be determined by the Presidential Decree.
Article 19(Deliberation on Publicity Materials) #
(1) Any person who desires to distribute or put up any advertisement or publicity materials on video products shall go through a deliberation of the Korea Public Performance and Art Promotion Council before distributing or displaying the advertisement or publicity materials, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5322, Apr. 10, 1997>
(2) The provisions of Article 17 (2) and (4) shall be applicable mutatis mutandis to the advertisement or publicity materials for sound records.
Article 20(Presentation of Sample) #
(1) Any person who has manufactured any sound records or video products, or imported any foreign sound records or foreign video products shall present one piece of the sound records or video products to the Minister of Culture and Sports before he sells, distributes, lends or offers them for looking and listening under the conditions as prescribed by the Presidential Decree: Provided, That this does not apply for the case as prescribed by the Presidential Decree.
(2) To the person who has presented a sample of the sound records or video products under paragraph (1) of this Article, a certificate of presentation of sample shall be delivered without delay.
(3) The person who has presented the sample of the sound records or video products under paragraph (1) of this Article, shall be paid reasonable compensation under the conditions as prescribed by the Presidential Decree.
Article 21(Direction, Supervision, etc.) #
(1) When it is deemed necessary for a qualitative improvement of sound records or video products, or an establishment of a sound commercial order, the registration authorities may have the person who has made the registration under Article 4 (1) or 7 (1) make any necessary report, or have any public official concerned visit the manufacturing, selling or other place to inspect books, documents and other necessary things related to the manufacture, sale, lending or offering for looking and listening of the sound records or video products, under the conditions as prescribed by the Presidential Decree.
(2) The Minister of Culture and Sports may exercise necessary direction and supervision such as directing the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do governor (hereinafter referred to as the “Mayor/Do governor”), the head of a Si/Gun/ Gu, or the Korea Public Performance and Art Promotion Council, to make a report, or to present data on the affairs as prescribed by this Act. <Amended by Act No. 5322, Apr. 10, 1997; Act No. 5454, Dec. 13, 1997>
(3) When the Minister of Culture and Sports deems that any order or disposition issued or made by the Korea Public Performance and Art Promotion Council under this Act is unlawful or unreasonable, he may order a correction of such order or disposition. <Amended by Act No. 5322, Apr. 10, 1997>
(4) The public official concerned who conducts the inspection under paragraph (1) of this Article, shall carry with himself a certificate indicating his competence to do so, and produce it to the relevant person.
Article 22(Prohibiting Measures, etc. of Sale and Lending) #
(1) If the Minister of Culture and Sports, the Mayor/Do governor, or the head of Si/Gun/Gu finds any sound records or video products falling under any of the following subparagraphs, he may have any public official concerned collect and destroy them, order the distribution-related businessman not to sell, distribute or lend them, or not offer them for looking and listening, attach any notice to make the public know that the business carried on by the business place in question is illegal, put a seal on the machines, instruments or facilities requisite for the business, or take other necessary disposition:
1. Sound records or video products manufactured by a person who has not made the registration as prescribed in Article 4 (1) with the intention of sale, distribution, lending, or offering for looking and listening, etc.;
2. Sound records or video products imported, manufactured or carried in without obtaining the recommendation as prescribed in Article 15 or 16;
3. Video products which did not go through the deliberation as prescribed in Article 17 (1); and
4. Sound records or video products manufactured by a person having no legal right to the manufacture, with the intention of sale, distribution, lending, or offering for looking and listening, etc.
(2) If the public official concerned collects and removes the sound records or video products under paragraph (1) of this Article, he shall deliver a certificate of collection and removal to the owner or possessor thereof.
(3) If it is required for collection, removal, etc. by the public official concerned under paragraph (1) of this Article, the Minister of Culture and Sports, the Mayor/Do governor, or the head of Si/Gun/Gu may request cooperation from the association as prescribed in Article 23 (hereinafter referred to as “association”).
(4) The provisions of Article 21 (4) shall be applicable mutatis mutandis to the public official concerned, or any officer or employee of the association, who carries out the collection, removal, attachment of notice, or who makes another disposition, under paragraphs (1) and (3) of this Article.
Article 23(Association) #
(1) In order to maintain autonomous order in the manufacture, sale, lending, offering for looking and listening, etc. of sound records or video products, those who have made the registration under Article 4 (1) or 7 (1), may establish an association for each category of business.
(2) The association shall be a juristic person.
(3) The provisions pertaining to an incorporated association under the Civil Act shall apply mutatis mutandis to the association.
Article 24(Delegation and Entrustment of Authority) #
The Minister of Culture and Sports may delegate part of his authority as prescribed by this Act, to the Mayor/Do governor, or entrust it to the Korea Public Performance and Art Promotion Council or the association, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5322, Apr. 10, 1997>
Article 25(Penal Provisions) #
(1) Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than three years, or by a fine not exceeding twenty million won:
1. A person who manufactures sound records or video products without making the registration under Article 4 (1), with the intention of sale, distribution, lending, offering for looking and listening, etc.;
2. A person who imports or manufactures any foreign sound records or foreign video products without obtaining the recommendation as prescribed in Article 15 (1) or (2);
3. A person who violates the provisions of Article 17 (3); and
4. A person who manufactures other person’s sound records or video products without having the legal right to manufacture, with the intention of sale, distribution, lending, offering for looking and listening, etc.
(2) The following sound records or video products owned or possessed by a person falling under paragraph (1) of this Article, and the instruments and materials used directly for the manufacture thereof, and any printed matter useful for the manufacture, shall be confiscated, and if it cannot be confiscated, the value thereof shall be collected additionally:
1. Sound records or video products manufactured without making the registration under Article 4 (1), with the intention of sale, distribution, lending, offering for looking and listening, etc.;
2. Foreign sound records or foreign video products imported or manufactured without obtaining the recommendation under Article 15 (1) and (2);
3. Video products which have not gone through the deliberation under Article 17 (1); and
4. Sound records or video products manufactured by a person having no legal right to manufacture, with the intention of sale, distribution, lending, offering for looking and listening, etc.
Article 26(Penal Provisions) #
Any person who sells, distributes, lends or offers for looking and listening any sound records or video products without making the registration under Article 7 (1) shall be punished by imprisonment for not more than two years, or a fine not exceeding ten million won.
Article 27(Penal Provisions) #
Any person who falls under any of the following subparagraphs, shall be punished by a fine not exceeding three million won.
1. A person who fails to comply with a request for presentation, etc. of materials necessary for the deliberation under Article 17 (5);
2. A person who distributes or displays any advertising or publicity materials on any video products without going through the deliberation under Article 19 (1);
3. A person who refuses, interferes with, or evades the inspection, collection and removal, the attachment of a notice, or sealing, by the public official concerned as prescribed in Article 21 (1) or 22 (1); and
4. A person who sells, distributes, lends or offers for looking and listening the sound records or video products falling under Article 22 (1) 1, 2, or 4 or displays or keeps them with the intention of sale, distribution, lending, offering for looking and listening, etc., or shows them at a place where many and unspecified persons go in and out.
Article 28(Joint Penal Provisions) #
If a representative of a juristic person, or an agent, servant or other employee of a juristic person or individual, commits an offense as prescribed in Article 25 (1), 26 or 27 in connection with the business of the juristic person or individual, the fine as prescribed in the respective Article shall also be imposed on such juristic person or individual, in addition to the punishment of the offender.
Article 29(Fine for Negligence) #
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:
1. A person who fails to perform the liability for indication as prescribed in Article 6;
2. A person who fails to make a report as prescribed in Article 9;
3. A person who carries in any sound records or video products without obtaining the recommendation as prescribed in Article 16;
4. A person who fails to present the samples as prescribed in Article 20 (1); and
5. A person who fails to make a report as prescribed in Article 21 (1), or who makes a false report.
(2) The fine for negligence as referred to in paragraph (1) of this Article shall be imposed and collected by the registration authorities under the conditions as prescribed by the Presidential Decree: Provided, That with respect to those falling under subparagraphs 1 and 3, the Minister of Culture and Sports shall impose and collect it.
(3) Any person who is dissatisfied with the disposition of a fine for negligence as referred to in paragraph (2) of this Article, may make an objection against the registration authorities, within thirty days after he is informed of the disposition.
(4) If a person who is subject to a fine for negligence under paragraph (2) of this Article, makes an objection as referred to in paragraph (3) of this Article, the registration authorities shall notify it without delay to the competent court, which shall, upon receiving the notification, bring the case of a fine for negligence to trial under the Non-Contentious Case Litigation Procedure Act.
(5) If no objection is made and no fine for negligence is paid within the period as referred to in paragraph (3) of this Article, it shall be collected according to a practice of the disposition on default of national or local tax.
Article 30(Legal Fiction as Public Official in Application of Penal Provisions) #
Any officers and employees of the Korea Public Performance and Art Promotion Council or the association, who are engaged in the affairs entrusted by the Minister of Culture and Sports under Article 24, shall be considered as public officials in application of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 5322, Apr. 10, 1997>