SOUND RECORDS, VIDEO PRODUCTS, AND GAME SOFTWARE ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to the enhancement of the quality of cultural life of the people and the development of the national economy by improving the qualities of sound records, video products, and game software as well as by promoting the progress of their related industries.

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows: <Amended by Act No. 7131, Jan. 29, 2004>

1. The term "sound records" means materials that have been manufactured in such a manner as to reproduce and listen to sounds or expressions by sound recorded on material objects: Provided, That materials which contain sounds or expressions by sound and visual images recorded together shall be excluded from the same;

2. The term "video products" means materials that have been manufactured in such a manner as to reproduce and view visual images in succession (regardless of whether they are associated with sounds) recorded on material objects: Provided, That game software and video products operated on computer programs (limited to those with no elements of movie or music, etc. recorded) shall be excluded from the same;

3. The term "game software" means visual representations and apparatuses that have been manufactured in such a manner as to play video games for amusement and additionally to help make good use of spare time and improve the effect of learning and physical exercise, using data processing methods or devices, such as computer programs, etc.: Provided, That those falling under any of the following items shall be excluded from the same:

(a) Those which are subject to regulation under other Acts and subordinate statutes; and

(b) Those which the Minister of Culture and Tourism deems it unnecessary to regulate as game software and thereby publicly announces as such because video game elements and non-video game elements are therein mixed together;

4. The term "sound records, etc. manufacturing business" means a business pertaining to planning and manufacturing or reproducing sound records, video products, and game software;

5. The term "sound records, etc. distributing business" means a business pertaining to importing sound records, video products, and game software (including their originals), or to reserving or managing copyrights thereof to supply retailers with sound records, video products, and game software;

6. The term "sound records, etc. retailing business" means a business pertaining to selling sound records, video products, and game software directly to their consumers;

7. The term "video products lending business" means a business pertaining to lending video products on commercial basis;

8. The term "video service providing business" means a business pertaining to any of the following items:

(a) The business of running a video-viewing establishment, which offers video products to the public for the purpose of their viewing with many partitioned video-viewing compartments and apparatuses located therein (including a case where customers operate the viewing machine by themselves);

(b) The business of running a video-viewing mini-theater, which specializes in video products offered to the public for the purpose of their viewing with screens, a number of spectators' seats, and video-viewing apparatuses located therein; or

(c) The business of rendering other types of video service, which offers video products to the public for the purpose of their viewing at places used for public accommodation and rest with videoviewing apparatuses located therein;

9. The term "video game business" means a business falling under any of the following items that offers game software to the public for the purpose of their amusement: Provided, That the same shall not include cases where speculative acts are done with such devices as prescribed by the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and cases where casino business is operated under the Tourism Promotion Act, nor shall it include instances falling under such types and methods of video game as described by the Presidential Decree in connection with a case where customers are allowed to amuse themselves by operating game software that is offered to attract customers or to make publicity for sales promotion at places where a business other than video game business is carried on:

(a) The juvenile game room business, which is engaged in offering the public only game software at the service of persons of all ages for the purpose of their amusement; and

(b) The general game room business, which is engaged in offering the public two types of game software, one at the service of persons of all ages and the other at the service of persons who are 18 years of age or older that are placed separately from each other for the purpose of amusement for the respective age groups;

10. The term "multi-media service providing business" means a business pertaining to offering game software or visual representations, etc. to the public for the purpose of amusement or viewing, and providing other additional information service available for the public with necessary materials and equipment, such as computers, etc., located at an independent place of business;

11. The term "singing practice room business" means a business pertaining to offering services for singing practice to the public with such arrangements as accompaniment instruments, etc. associated with or without visual images, which enable persons to practice singing to their accompaniment with no musical performer in company with them;

12. The term "combined distribution business" means not less than two types of business as set forth in subparagraphs 5 through 11 operated at the same place of business; and

13. The term "juveniles" means persons under 18 years of age (including those who attend high schools pursuant to Article 2 of the Elementary and Secondary Education Act).

Article 3(Framing and Execution of Policies for Promotion of Industries Related to Sound Records, Video Products, etc.) #

(1) The Minister of Culture and Tourism shall frame and carry out such policies as may be necessary for the promotion of industries related to sound records, video products, and game software (hereinafter referred to as "policies for promotion").

(2) The policies for promotion shall include matters set forth in the following subparagraphs with respect to sound records, video products, and game software:

1. The basic object of the policies for promotion;

2. Vitalization of productive activities;

3. Promotion of export and creation of employment for the related industries;

4. Development of technologies for the industries and improvement of levels thereof;

5. Expansion of distribution facilities, specialization of distribution enterprises, and improvement of distribution structure;

6. Acquisition and operation of financial resources for the promotion of the related industries;

7. Training of experts;

8. Construction of the infrastructure of the related industries and creation and operation of a special zone assigned to the enterprises of these industries;

9. Regulation and control of any sound records, video products, and game software, which are illegally manufactured or offered to the public for the purpose of sales, lending, distribution (hereinafter referred to as "distribution"), viewing, or amusement;

10. Assistance to nonprofit private organizations under Article 2 of the Assistance for Nonprofit Non-Governmental Organizations Act (hereinafter referred to as "nonprofit private organizations") in their voluntary monitoring activities to observe such sound records, video products, and game software as may be illegally manufactured or offered to the public for distribution, viewing or amusement; and

11. Promotion of healthy development of the places of business associated with these industries as well.

Article 4(Establishment and Operation of Committees of Promotion) #

(1) The Minister of Culture and Tourism shall hereby establish a Committee of Promotion for each of the industries of sound records, video products, and game software in order to carry out policies for their promotion in an efficient manner.

(2) Each Committee of Promotion shall consist of not more than seven members including its chairman.

(3) Members of each Committee of Promotion shall be commissioned by the Minister of Culture and Tourism from among those who have much expertise and experience in their respective areas concerned as well as a high moral repute.

(4) The State may assist the Committees of Promotion with the whole or part of expenses necessary to carry out their undertakings within the limits of its budget.

(5) Such matters as may be necessary for the operation of the Committee of Promotion under paragraph (1) shall be determined by the Presidential Decree.

Article 5(Korea Media Rating Board) #

The Korea Media Rating Board (hereinafter referred to as the "Board") shall be hereby established to secure the ethical and public responsibilities of movies, sound records, video products, game software, public performances, and other materials for their publicity or propaganda (hereinafter referred to as "visual representations, etc.") and to thereby protect juveniles.

Article 6(Functions) #

The Board shall deliberate and decide upon matters set forth in the following subparagraphs:

1. Matters concerning the classification of visual representations, etc. and ascertainment as to whether these products are harmful to juveniles;

2. Matters concerning the post-control of already classified materials, such as ascertainment, etc. as to whether visual representations, etc. are manufactured, distributed, and offered to the public for their viewing or amusement in accordance with their respective classifications;

3. Matters concerning the establishment and amendment of the Board Regulations;

4. Research and study for the purpose of securing the objectivity of the classification of visual representations, etc.; and

5. Such other matters as determined or entrusted by this Act or other Acts and subordinate statutes as the function or authority of the Board.

Article 7(Formation) #

(1) The Board shall consist of not more than 15 members including a chairman and a vice chairman.

(2) The members of the Board shall, on the recommendation of the president of the National Academy of Arts of the Republic of Korea under the National Academy of Arts Act, be commissioned by the President from among those who are engaged in the areas of culture and art, visual representations, juvenile affairs, law, education, and journalism or in nonprofit private organizations and have expertise and experience in their respective areas concerned.

(3) The formation of the Board shall be based on a balanced arrangement in the sex and age of its members, and such matters as may be necessary for its formation and operation, including the criteria for the appointment of the members, shall be determined by the Board Regulations.

Article 8(Chairman, etc.) #

(1) The chairman and the vice chairman of the Board shall be mutually elected from among the members.

(2) The chairman shall represent the Board and have overall control of the affairs of the Board.

(3) In case the chairman is unable to perform his duties for an inevitable reason, the vice chairman shall act for him and, in case both the chairman and the vice chairman are unable to perform their duties, members of the Board in precedence of age shall act for them.

(4) The members of the Board except the chairman shall be non-standing.

Article 9(Terms of Office of Members) #

(1) The terms of office of the members of the Board shall be three years and the terms of office of the chairman and the vice chairman shall be the same as those of the members.

(2) In case the office of any member is vacant, the supplementary member shall be commissioned pursuant to Article 7 and his term of office shall be the remaining period of the term of office of his predecessor.

(3) The chairman, vice chairman, and members of the Board shall continue to perform their duties until their successors are appointed pursuant to Article 7 even after their respective terms of office have expired.

Article 10(Quorum) #

Decisions of the Board shall require the attendance of a majority of the total members and the concurrent vote of a majority of the members present: Provided, That any decision on the matter as prescribed in subparagraph 3 of Article 6 shall require the concurrent vote of a majority of the total members.

Article 11(Opening of Sessions to Public) #

(1) Sessions of the Board shall be open to the public under the conditions as prescribed by the Board Regulations: Provided, That sessions may be closed to the public by the decision of the Board if there exists any special reason, such as protection of trade secrets.

(2) The Board shall record the proceedings of sessions under the conditions as prescribed by the Board Regulations.

Article 12(Sectional Committees, etc.) #

(1) The Board may form sectional committees to have them carry out matters the Board has delegated to them in connection with the performance of its function as prescribed in subparagraph 1 of Article 6.

(2) The Board shall form a post-control commission to have it perform the task of the post-control of the already classified materials as prescribed in subparagraph 2 of Article 6. In this case, not less than three persons recommended by nonprofit private organizations shall be commissioned as members of the post-control commission.

(3) Such matters as may be necessary for the formation and operation of the sectional committees and the post-control commission shall be determined by the Board Regulations.

Article 13(Treatment of Members and Prohibition of Concurrent Office) #

(1) Standing members of the Board shall be paid remuneration, while non-standing members of the Board are of honorary post but they may, nevertheless, be paid actual expenses necessary for performing their duties under the conditions as prescribed by the Board Regulations.

(2) Except as otherwise provided for in the Board Regulations, standing members may not concurrently hold another office for profit.

Article 14(Disqualification for Members) #

No person who falls under any of the following subparagraphs may become members of the Board:

1. Public officials (excluding public officials for education under the Public Educational Officials Act and judges);

2. Members of political parties under the Political Parties Act;

3. Persons who fall under any of subparagraphs of Article 33 of the State Public Officials Act; and

4. Any other persons who are determined by the Presidential Decree.

Article 15(Independent Exercise of Duties and Guarantee of Status) #

(1) Members of the Board shall not receive any instructions or intervention in the exercise of their duties during their terms of office.

(2) No member of the Board shall be removed from office or suffer unfavorable treatment in his status against his will unless he falls under any of the following subparagraphs:

1. Where he falls under disqualification as referred to in Article 14;

2. Where he is unable to perform his duties for a long time because of serious mental or physical impairment; or

3. Where he has been indicted for a criminal case related to his duties.

(3) In case any member of the Board falls under any of subparagraphs of paragraph (2), the chairman of the Board may recommend his removal from office to the President: Provided, That in the case as referred to in paragraph (2) 1 he shall recommend removal.

Article 16(Duty of Post-Control) #

(1) The Board shall regularly survey public opinion on the visual representations, etc. already classified and take account of the results therefrom in carrying out the relevant matters, such as classification, etc.

(2) The Board may demand, if necessary, the submission of the relevant materials from persons running such types of business as referred to in subparagraphs 4 through 12 of Article 2 (hereinafter referred to as the "business proprietors") in performing its duties of the postcontrol of the already classified materials under subparagraph 2 of Article 6 and shall, if there exists any violation, recommend a necessary measure therefor to the authorities concerned.

Article 17(Secretariat) #

(1) There shall be established a secretariat of the Board in order to assist the Board in doing clerical work.

(2) A secretary general shall be assigned to the Board, and the chairman of the Board shall appoint him with the approval of the Board.

(3) Necessary matters for the formation and operation of the secretariat shall be determined by the Board Regulations.

Article 18(Establishment and Amendment of Board Regulations) #

(1) In case the Board Regulations are to be established or amended, the Board shall give an advance notice of the bill of the regulations or the bill of their amendment through the Official Gazette, etc. for a fixed period of not less than 20 days and shall, if the bill has been passed, announce it officially by publishing it through the Official Gazette, etc.

(2) In case standards for classification are to be established or amended pursuant to Article 20 (7), the Board shall hear opinions voiced by juvenile organizations, nonprofit private organizations, and academic or industrial circles. <Amended by Act No. 7131, Jan. 29, 2004>

Article 19(Financial Assistance from State) #

(1) The State may assist the Board with such expenses as may be required for its operation.

(2) With respect to such project as may incur financial obligation on the State, the Board shall in advance consult with the Minister of Culture and Tourism.

Article 20(Classification) #

(1) A person, who desires to manufacture or distribute video products or game software for the purpose of distributing them or offering them to the public for their viewing or amusement, shall have their contents classified by applying for their classification to the Board in advance: Provided, That the same shall not apply in the case of video products or game software falling under any of the following subparagraphs: <Amended by Act No. 7131, Jan. 29, 2004>

1. Video products offered free of charge for viewing by specified persons not including juveniles at a specified place;

2. Video products or game software offered for being presented or displayed at visual representations contest or exhibition that is recommended by the Minister of Culture and Tourism or any other Minister concerned; and

3. Video products or game software falling under such cases as determined by the Presidential Decree including a case where they are manufactured or distributed for official purposes or where they are not required to be classified.

(2) Any person who applies for the classification of video products in accordance with paragraph (1) shall file such application for the classification, accompanied by documents attesting his justifiable right to produce and distribute such video products. <Newly Inserted by Act No. 7131, Jan. 29, 2004>

(3) The classified categories for video products and game software are as follows: Provided, That game software may, notwithstanding the standards for classification under subparagraph 2, be classified at the request of an applicant into categories suitable for persons of all ages, for persons of the age of 12 years or over, for persons of the age of 15 years or over, and for persons of the age of 18 years or over, and the standards for classification applicable in this case shall be the standards for the classification of video products under subparagraph 1:

1. Classified categories of video products:

(a) Suitable products for persons of all ages, which are open to viewing by persons of any age;

(b) Suitable products for persons of the age of 12 years or over, which are limited to viewing by persons who are 12 years of age or older;

(c) Suitable products for persons of the age of 15 years or over, which are limited to viewing by persons who are 15 years of age or older; and

(d) Suitable products for persons of the age of 18 years or over, which are limited to viewing by persons who are not juveniles; and

2. Classified categories of game software:

(a) Suitable software for persons of all ages, which is open to use by persons of any age; and

(b) Suitable software for persons of the age of 18 years or over, which is limited to use by persons who are not juveniles.

(4) In case it is deemed that game software is unable to be given a classified category under paragraph (3) because of its features of an excessive speculation, the Board may decide on the product as not suitable for access thereto. <Amended by Act No. 7131, Jan. 29, 2004>

(5) The Board may, for a fixed period of three months or less, defer the classification of a video product or game software in order to make a closer examination of its contents if such contents are deemed to fall under any of subparagraphs of Article 35 (2) or if it is deemed to be necessary for judging whether the contents of the game software are speculation-oriented.

(6) When the Board has made a decision on classification, it shall issue to the applicant concerned the certificate of completion of classification wherein the corresponding classified category finds mention.

(7) Necessary matters for the standards and procedures of classification, decision on a product or software as not suitable for access thereto, and the deferment of classification, as well as procedures of issuing the certificate of completion of classification, as prescribed in paragraphs (1) through (6) shall be determined by the Board Regulations. <Amended by Act No. 7131, Jan. 29, 2004>

Article 20-2(Prior Confirmation of Video Products Eligible for Exception of Classification, etc.) #

(1) Any person who intends to produce or distribute other video products whose contents are identical to those of video products that have undergone their classification in accordance with Article 20 (1) 3 from among video products prescribed by the Presidential Decree (hereafter in this Article referred to as the "producer, etc.") shall file an application, accompanied by documents attesting his justifiable right to produce and distribute such video products, with the Board for the prior conformation of whether or not the contents of other video products that he intends to produce and distribute are identical to those of the video products that have undergone their classification: Provided, That the same shall not apply to a case where the producer, etc. obtains confirmation from the Board that he holds the right to produce and distribute other video products whose contents are identical to those of the video products that have undergone their classification when he files an application for their classification.

(2) The Board shall, when it confirms whether or not the producer, etc. is the justifiable right holder pursuant to paragraph (1) and the contents of other video products are identical to those of video products that have undergone their classification, deliver a written confirmation completion to the producer, etc.

(3) Necessary matters concerning procedures for the prior confirmation referred to in paragraphs (1) and (2) and the issuance of written confirmation completion shall be prescribed by the Board Regulations.

[This Article Newly Inserted by Act No. 7131, Jan. 29, 2004]

Article 20-3(Revocation of Classification, etc.) #

In the event that any person who does not hold any justifiable right has had the contents classified under Article 20 (1) or has obtained prior conformation that the contents of his video products are eligible for the exception of the classification provided for in Article 20-2 (1) by means of false or illegality, the Board shall revoke the relevant classification or the prior confirmation.

[This Article Newly Inserted by Act No. 7131, Jan. 29, 2004]

Article 21(Prohibition of Sales, etc. of Illegal Video Products and Game Software) #

(1) No person shall manufacture, distribute, or offer to the public for the purpose of their viewing or amusement, video products or game software that have failed to be classified pursuant to Article 20 (1) or that are different in contents from the already classified video products or game software.

(2) No person shall offer the public the classified video products or game software for the purpose of their viewing or amusement in violation of its own classified category as prescribed in subparagraphs of Article 20 (3). <Amended by Act No. 7131, Jan. 29, 2004>

(3) No person shall manufacture, distribute, or offer to the public for the purpose of amusement, such game software as has been determined as not suitable for access thereto pursuant to Article 20 (4). <Amended by Act No. 7131, Jan. 29, 2004>

(4) No person shall distribute game software or offer it to the public for the purpose of amusement, with no certificate of completion of classification under Article 20 (6) attached to the game software concerned under the conditions as prescribed by the Board Regulations. <Amended by Act No. 7131, Jan. 29, 2004>

(5) The certificate of completion of classification that is issued under Article 20 (6) shall not be sold and purchased or presented as a gift except where it is done as such through a succession to business under Article 33. <Amended by Act No. 7131, Jan. 29, 2004>

Article 22(Sound Records not Suitable for Juveniles) #

(1) The Board may, either on its own initiative or at the request of a sound records, etc. manufacturer or distributor, decide on a sound record as not suitable for juveniles if it is deemed that the sound record may be harmful to the cultivation of healthy and sound personalities of juveniles because its contents appeal to juveniles' prurient interest in sex or their interest in violence, or encourage their speculative spirit.

(2) In case the Board has decided on a sound record as not suitable for juveniles pursuant to paragraph (1), the Board shall notify the sound records, etc. manufacturer or distributor concerned of its decision and also publicly announce it through computer networks, etc.

(3) Those who have been notified of the decision pursuant to paragraph (2) shall put a warning phrase "not suitable for juveniles" on the sound record in question under the conditions as prescribed by the Presidential Decree.

(4) No person shall distribute to juveniles such sound records as have been subjected to decision on a sound record as not suitable for juveniles as referred to in paragraph (1) or reproduce them to offer an unspecified number of the general public.

(5) Necessary matters for the standards and procedures of decision under paragraph (1) shall be determined by the Board Regulations.

Article 23(Re-classification, etc.) #

(1) Any person who is dissatisfied with the classification, decision on a material as not suitable for access thereto, or decision on the deferment of classification as referred to in Article 20, or decision on a sound record as not suitable for juveniles as prescribed in Article 22, may raise an objection to the Board with reasons in detail specified therein within 30 days after he is notified of the decision and may thereby achieve the disposition of reclassification or the revocation, etc. of the decision on a sound record as not suitable for juveniles.

(2) Upon receipt of an objection as referred to in paragraph (1), the Board shall review this matter and shall, within 15 days after receipt of the objection, reclassify the materials in question or revoke the decision on the materials as not suitable for access thereto, the decision on the deferment of classification, or the decision on a sound record as not suitable for juveniles if there exist good reasons for such an objection, but the Board shall, if there exist no good reasons for such an objection, notify the applicant as such.

(3) Necessary matters for the procedures and methods of objection as referred to in paragraph (1) shall be determined by the Board Regulations.

Article 24(Notification of Classification, etc.) #

The Board shall give a written notice of its decision or its deliberation and decision, etc. falling under any of the following subparagraphs to the administrative agency vested with the authority of guidance and control over sound records, video products, and game software as well as to the association or organization under Article 43 and also publicly announce it through computer networks, etc.: <Amended by Act No. 7131, Jan. 29, 2004>

1. Classification, decision on a material as not suitable for access thereto, and decision on the deferment of classification under Article 20 (1), (4) and (5);

2. Decision on a sound record as not suitable for juveniles under Article 22 (1); and

3. Deliberation and decision, etc. on an application for objection under Article 23.

Article 25(Request for Submission of Materials) #

The Board may, if necessary for carrying out matters as prescribed in Articles 20, 22, and 23, request persons who applies for classification, etc. to submit materials related therewith.

Article 26(Report on Sound Records, etc. Manufacturing Business, etc.) #

(1) A person who desires to operate sound records, etc. manufacturing business or sound records, etc. distributing business shall report thereon to the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the "Mayor/Do governor"): Provided, That such cases of manufacturing sound records, video products, and game software as set forth in the following subparagraphs shall be excluded: <Amended by Act No. 7416, Mar. 24, 2005>

1. Where they are manufactured by the State or local governments;

2. Where they are manufactured by educational or training institutions established by Acts or subordinate statutes in order to be used for their internal education or training;

3. Where they are manufactured by broadcasting business operators under the Broadcasting Act in order to be used for the broadcast purpose;

4. Where they are manufactured by government-invested institutions under Article 2 of the Framework Act on the Management of Government-Invested Institutions or government-contributed institutions in order to be used for the promotion of publicity for their business;

5. Where they are manufactured for the purpose of preserving ceremonial occasions or religious rituals in memory: Provided, That the same shall not include the cases of distributing or offering them to the public for the purpose of their viewing or any other use; and

6. Such other cases as determined by the Presidential Decree.

(2) A person who desires to operate a juvenile game room business shall fulfill requirements for such facilities and apparatuses as prescribed by the Ordinance of the Ministry of Culture and Tourism and shall report the operation of business to the head of Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply).

(3) Deleted. <by Act No. 7131, Jan. 29, 2004>

(4) Necessary matters pertaining to the procedures, methods, etc. of the reports as prescribed in paragraphs (1) and (2) shall be determined by the Ordinance of the Ministry of Culture and Tourism. <Amended by Act No. 7131, Jan. 29, 2004>

Article 27(Registration of Video Service Providing Business, etc.) #

(1) A person who desires to operate a video service providing business, a general game room business, or a singing practice room business shall fulfill requirements for such facilities and apparatuses as prescribed by the Ordinance of the Ministry of Culture and Tourism and shall register his business with the head of Si/Gun/Gu."

(2) No person who desires to operate a general game room business under paragraph (1) may place and operate game software suitable for the age of 18 years or older in a greater proportion than the proportion provided for by the Presidential Decree. In case a general game room business is operated in hotels or recreational facilities under the Tourism Promotion Act, the foregoing proportion may be provided otherwise.

(3) Necessary matters for the procedures, methods, etc. of registration as referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Culture and Tourism.

Article 28(Report and Registration of Combined Distribution Business) #

(1) A person who desires to operate a combined distribution business which consists of only the types of business subject to report or both of the types of business subject to report and the types of business not subject to report or registration shall fulfill requirements for such facilities and apparatuses as determined by the Ordinance of the Ministry of Culture and Tourism and shall report the operation of his business to the head of Si/Gun/Gu: if a person desires to operate a combined distribution business composed of only the types of business not required to fulfill the aforementioned requirements for facilities and apparatuses, he may not be obligated to comply with such requirements for facilities and apparatuses.

(2) A person who desires to operate a combined distribution business which consists of the types of business subject to registration shall fulfill requirements for such facilities as determined by the Ordinance of the Ministry of Culture and Tourism and shall register his business with the head of Si/Gun/Gu."

(3) Necessary matters for the procedures, methods, etc. of report and registration as referred to in paragraphs (1) and (2) shall be determined by the Ordinance of the Ministry of Culture and Tourism.

Article 29(Restriction on Business) #

No person who falls under any of the following subparagraphs may report or register his business under Articles 26 through 28:<Amended by Act No. 7131, Jan. 29, 2004>

1. Where a person (including, in the case of a corporation, its representative or officer), for whom a year has not passed yet since he was subject to an order given to close his business or a disposition to revoke its registration, for whom the term of business suspension has not expired yet since he was subjected to the disposition of business suspension under Article 39 (1), intends to operate the same type of business again; and

2. Where a person for whom a year has not passed yet since he was subjected to an order given to close his business or a disposition to revoke its registration, or for whom the term of business suspension has not expired yet since he was subjected to the disposition of business suspension under Article 39 (1), intends to operate the same type of business at the same place (excluding a sound records, etc. manufacturing business).

Article 30(Issuance of Certificate of Report or Registration) #

In case the Mayor/Do governor or the head of Si/Gun/Gu has received a report or a registration under Articles 26 through 28, he shall issue a certificate of report or a certificate of registration to the applicant under the conditions as prescribed by the Ordinance of the Ministry of Culture and Tourism. <Amended by Act No. 7416, Mar. 24, 2005>

Article 31(Alterations of Reported or Registered Matters) #

(1) In case a person who has made a report or a registration under Articles 26 through 28 desires to make alterations in such material matters as prescribed by the Ordinance of the Ministry of Culture and Tourism, he shall make a report of alterations to the Mayor/Do governor or the head of Si/Gun/Gu." <Amended by Act No. 7416, Mar. 24, 2005>

(2) When a report of alterations has been made pursuant to paragraph (1), the Mayor/Do governor or the head of Si/Gun/Gu shall renew the certificate of report or the certificate of registration accordingly and issue it under the conditions as prescribed by the Ordinance of the Ministry of Culture and Tourism. <Amended by Act No. 7416, Mar. 24, 2005>

Article 32(Obligations to be Observed by Proprietors of DistributionRelated Business) #

A person who operates a business as set forth in any of subparagraphs 8 through 12 of Article 2 (in the case of a combined distribution business, limited to those including a type of business falling under any of subparagraphs 8 through 11) (hereinafter referred to as the "proprietor of distribution-related business"), shall observe the obligations set forth in the following subparagraphs: <Amended by Act No. 7131, Jan. 29, 2004>

1. To take measures for the prevention of fires or accidents within the place of business;

2. In the case of a proprietor of a video game business, not to allow or leave customers to play gambling or to do any other speculative acts using game software;

3. In the case of a proprietor of a video game business, neither to encourage juveniles' speculative spirit nor to do such an act of offering premiums as falls under any of the following items:

(a) An act of offering premiums other than such sorts of those as determined and publicly announced by the Minister of Culture and Tourism; and

(b) An act of offering premiums in a manner other than in such a manner as determined and publicly announced by the Minister of Culture and Tourism;

4. In the case of a proprietor of a general game room business, to separately place and control two different types of game software, one for persons of all ages and the other for persons who are 18 years of age or older, and post a conspicuous sign "No juveniles" inside the location where game software is placed for persons who are 18 years of age or older;

5. In the case of a proprietor of a video game business or a proprietor of a multi-media service providing business, to provide game software and computers, etc. accessible to juveniles with such programs or devices as may intercept obscene images, and to offer juveniles no game software suitable for persons who are 18 years of age or older: as respects the provision of the aforementioned program or device services, this shall not apply in case where it is unnecessary for such services to be provided;

6. In the case of a proprietor of a video-viewing mini-theater, a proprietor of a video game business, a proprietor of a singing practice room business, or a proprietor of a multi-media service providing business, not to allow juveniles to be present in their respective locations during other hours than those specified by the Presidential Decree: Provided, That the same shall not apply in case where a juvenile is accompanied by an adult, such as his parent, guardian or custodian, who is in a position to guide and supervise the juvenile, where an adult, such as a juvenile's parent, guardian, and custodian, consents to the juvenile being admitted to such a location, or in such other cases as determined by the Presidential Decree;

7. In the case of a proprietor of a singing practice room business or a proprietor of a video-viewing establishment, not to do an act of selling or offering alcohol, an act of employing a service girl or assisting other person to employ her, or an act of allowing, offering, or intermediating prostitution or an obscene act; and

8. To comply with such other matters as determined by the Presidential Decree with respect to the maintenance, etc. of a healthy and sound order of business operation.

Article 33(Succession to Business and Administrative Sanction Disposition, etc.) #

(1) In case where a business proprietor (excluding sound records, etc. retailers and other persons engaged in a business not subject to report or registration, such as video products lending business; hereafter the same shall apply in this paragraph, paragraph (2), and Articles 34 and 39 (2)) assigns his business or dies or where a corporation thereunder merges with another, the assignee, heir, surviving corporation after merger, or new corporation established by merger shall succeed to the status of the business proprietor or corporation under the conditions as prescribed by the Presidential Decree.

(2) A person who acquires the whole of the facilities and apparatuses (referring to the major facilities and apparatuses as determined by the Presidential Decree) of a business proprietor by auction under the Civil Execution Act, by the realization of properties under the Bankruptcy Act, by sales of properties attached under the National Tax Collection Act, the Customs Act, or the Local Tax Act, or by any other similar procedures, shall succeed to the status of the business proprietor. <Amended by Act No. 6627, Jan. 26, 2002>

(3) In case where a business proprietor assigns his business or dies or where a corporation thereunder merges with another, the effect of an administrative sanction that was imposed on the previous business proprietor or corporation for a violation of any of subparagraphs of Article 39 (1) shall continue in force with the assignee, heir, or newly established or surviving corporation after merger for a year following the date on which the period of the aforementioned sanction expires; and, in case procedures for an administrative sanction are under way, such procedures may be proceeded with against the assignee, heir, or newly established or surviving corporation after merger: Provided, That the same shall not apply if the assignee or the newly established or surviving corporation after merger proves that he or it was unaware of the disposition of such a sanction or the fact of such a violation at the time of acquisition of the business or the merger of corporations.

(4) When any business proprietor closes his business that is thereafter succeeded by his previous business proprietor, his spouse or his lineal relative by blood (hereinafter referred to as the "relative, etc.") in the same business place where the same type of business is run, the effect of the administrative sanction disposition under Article 39 (1) taken to the previous business proprietor shall be succeeded by the relative, etc. for one year from the date on which the disposition period expires and when the administrative sanction disposition is in progress, the procedures for the administrative sanction disposition may continue on the relative, etc.: Provided, That the same shall not apply to a case where the relative, etc. who runs the business proves that he has not knowledge of the disposition or the fact of violation. <Newly Inserted by Act No. 7131, Jan. 29, 2004>

Article 34(Business Closure and Ex Officio Cancellation) #

(1) In case a business proprietor has ceased the operation of business, he shall return his certificate of report or certificate of registration within 7 days following the date of the cessation of his business.

(2) In the event that a business proprietor fails to return his certificate of report or certificate of registration as required under paragraph (1), the Mayor/Do governor or the head of Si/Gun/Gu may ex officio cancel the matters of his report or registration after confirming the fact of his business closure under the conditions as prescribed by the Ordinance of the Ministry of Culture and Tourism. <Newly Inserted by Act No. 7131, Jan. 29, 2004; Act No. 7416, Mar. 24, 2005>

Article 35(Recommendation on Import, etc. of Sound Records) #

(1) A person who desires to import sound records manufactured abroad (including their originals; hereinafter referred to as "foreign sound records") on commercial basis or to manufacture foreign sound records domestically shall obtain recommendation thereon from the Board except as provided by the Presidential decree.

(2) The Board shall not make recommendation as prescribed in paragraph (1) on the foreign sound records falling under any of the following subparagraphs:

1. Where their contents may be in conflict with the basic democratic principles or may be detrimental to the national prestige;

2. Where they represent violence, sex, etc. in such an excessive manner that they may corrupt public morals and disturb social order; and

3. Where they so affect adversely the cultural subjectivity of the nation that they may do harm to national interests.

(3) Such matters as may be necessary for the recommendation as prescribed in paragraph (1) shall be determined by the Presidential Decree.

Article 36(Prohibition from Carrying in Sound Records, etc.) #

No one shall carry in foreign sound records, video products, or game software (referring to an act of bringing them into the country not on commercial basis) that fall under Article 35 (2) 1 through 3.

Article 37(Obligation of Indications) #

(1) A person who manufactures, imports, or reproduces sound records, video products, and game software on commercial basis shall indicate the trade name of the manufacturer, importer, or reproducer (referring to a trade name of a publishing company in the case of sound records, video products, or game software attached to publications) and a category classified under Article 20 (1) (excluding the case of sound records) on each of the sound records, video products, or game software concerned.

(2) Game software as referred to in paragraph (1) shall, if not recorded on material objects, bear an indication of the classified category of the game software concerned in the foremost part of its visual representations accessible to its users, but, in the case of game software suitable for persons who are 18 years of age or older, a warning for the protection of juveniles shall be included therein as well.

(3) Necessary matters pertaining to the particulars to be indicated and the methods of indicating the particulars under paragraphs (1) and (2) shall be determined by the Board Regulations.

Article 38(Restrictions, etc. on Advertisement and Publicity) #

(1) No person shall distribute and post advertisements and publicity materials on sound records, video products, or game software that may be harmful to juveniles according to Article 10 of the Juvenile Protection Act.

(2) No person shall either indicate a sound record, which was decided on as not suitable for juveniles, as a material suitable for their access, or distribute or post advertisements and publicity materials showing any contents or category that differ from the original contents or category of a classified video product or game software; and, in the case of a video game business, no outdoor signboard shall be installed in such a mode that it may serve to make a video game room misunderstood as a location for speculative act and gambling.

(3) Any person who intends to distribute or post advertisements and publicity materials on video products and game software that may not be viewable or utilizable by juveniles, shall obtain a confirmation from the Board as to whether they may be harmful to juveniles before their distribution or posting. <Amended by Act No. 6552, Dec. 29, 2001>

(4) and (5) Deleted. <by Act No. 6552, Dec. 29, 2001>

(6) Matters necessary for the confirmation as to whether to be harmful under paragraph (3) shall be determined by the Board Regulations. <Amended by Act No. 6552, Dec. 29, 2001>

Article 39(Revocation of Registration, etc.) #

(1) In case a business proprietor falls under any of the following subparagraphs, the Mayor/Do governor or the head of Si/Gun/Gu may order the closure of the business, take a disposition to revoke the registration, or order the suspension of the relevant business for a fixed period not exceeding six months: Provided, That he shall close the business or revoke the registration if the business proprietor falls under subparagraph 1 or 7: <Amended by Act No. 7131, Jan. 29, 2004; Act No. 7416, Mar. 24, 2005>

1. Where he has reported or registered by falsehood or by other irregular means;

2. Where he has offered video products or game software to the public for their viewing or amusement in violation of Article 21 (2);

3. Where he has violated requirements for facilities and apparatuses as referred to in Articles 26 through 28;

4. Where he has failed to submit a report of alteration as prescribed in Article 31;

5. Where he has violated obligations to be observed by business proprietors under Article 32;

6. Where he has manufactured and distributed the sound records, video products, or game software falling under any of subparagraphs of Article 42 (3), or offered them to the public for their viewing or amusement or, to this end, kept and exhibited them; and

7. Where he has continued to run his business in violation of the order given to suspend his business.

(2) A business proprietor who has been subjected to an order given to close his business or a disposition to revoke his registration under paragraph (1) shall return the certificate of report or the certificate of registration within 7 days after receipt of the notice of such a disposition. <Amended by Act No. 7131, Jan. 29, 2004>

(3) Necessary matters for the standards, etc. for administrative dispositions under paragraph (1) shall be determined by the Ordinance of the Ministry of Culture and Tourism.

Article 40(Imposition of Penalty Surcharge) #

(1) In case the head of Si/Gun/Gu is to take a measure to suspend business because a proprietor of a distribution-related business falls under any of the following subparagraphs, he may, under the conditions as prescribed by the Presidential Decree, impose on him a penalty surcharge not exceeding 30 million won in lieu of the measure to suspend business:

1. Where he has violated requirements for facilities and apparatuses as referred to in Articles 26 through 28; and

2. Where he has violated subparagraphs 5, 6, and 8 of Article 32.

(2) In case a person who is obligated to pay the penalty surcharge as prescribed in paragraph (1) fails to pay it until the time limit for payment, the head of Si/Gun/Gu shall collect it by referring to the practices of dispositions on default of local taxes.

(3) The sum of money that is collected as penalty surcharge pursuant to paragraphs (1) and (2) shall be spent by the collecting entity only for the following purposes:

1. For the purpose of manufacturing and distributing wholesome sound records, video products, and game software; and

2. For the purpose of improving harmful environment proper to sound records, video products, and game software.

(4) Necessary matters pertaining to the sums of penalty surcharge set according to types, degrees, etc. of violations liable to penalty surcharge under paragraph (1) and procedures, etc. for the use of sums of penalty surcharge collected under paragraph (3) shall be determined by the Presidential Decree.

Article 41(Hearing) #

The Mayor/Do governor or the head of Si/Gun/Gu shall hold a hearing in the event he intends to order the closure of business or to revoke the registration pursuant to Article 39. <Amended by Act No. 7131, Jan. 29, 2004; Act No. 7416, Mar. 24, 2005>

Article 42(Closure and Removal) #

(1) When any person operates business without a report or registration under Articles 26 through 28, or when any person continues his business after he was ordered to close his business or subjected to a disposition taken to revoke his registration in accordance with Article 39 (1), the Mayor/Do governor or the head of Si/Gun/Gu may direct the relevant public officials to take such actions as set forth in the following subparagraphs in order to close the relevant business place: <Amended by Act No. 7131, Jan. 29, 2004; Act No. 7416, Mar. 24, 2005>

1. To eliminate or delete signboards or any other signs of business on the business or the place of business concerned;

2. To post a notice informing that the business or the place of business is unlawful; and

3. To affix seals to such apparatuses or facilities as may be necessary for the operation of business in order to prevent them from being used.

(2) As respects the actions under paragraph (1), the business proprietor concerned or the person acting on his behalf shall in advance be notified thereof in writing: Provided, That this shall not apply if there exist any urgent circumstances.

(3) When sound records, video products and game software falling under any of the following subparagraphs are found, the Minister of Culture and Tourism, the Mayor/Do governor, or the head of Si/Gun/Gu may direct the relevant public officials to remove and destroy them: <Amended by Act No. 7131, Jan. 29, 2004; Act No. 7416, Mar. 24, 2005>

1. Game software that has been decided on as not suitable for access thereto as prescribed in Article 20 (4);

2. Video products or game software, the classification of which has been deferred pursuant to Article 20 (5);

3. Video products or game software, the classification of which has not been made or the contends of which are different from those of classified video products or game software, as prescribed in Article 21 (1);

4. Sound records, video products, or game software that have been manufactured or imported on commercial basis by a person who has failed to submit a report under Article 26 or who has failed to obtain recommendation under Article 35;

5. Sound records, video products, or game software that have been prohibited from being carried in pursuant to Article 36; and

6. Sound records, video products, or game software that have been reproduced on commercial basis by a person who has no proper right to do so.

(4) When a relevant public official has removed the sound records, video products, or game software concerned pursuant to paragraph (3), he shall issue a certificate of removal to their possessor or occupant: Provided, That the same shall not apply in case where he refused to receive it.

(5) The Minister of Culture and Tourism, the Mayor/Do governor, or the head of Si/Gun/Gu may, if necessary, request such an association or organization as provided for in Article 43 to cooperate with the relevant public officials in performing the duties of removal and destruction pursuant to paragraph (3). <Amended by Act No. 7416, Mar. 24, 2005>

(6) The relevant public officials or the officers and staff members of the Association or the Organization, who take such actions as to post a notice, to affix seals, and to carry out removal and destruction pursuant to paragraphs (1) and (3), shall carry a certificate verifying their authority and produce it to the interested persons.

Article 43(Establishment of Association, etc.) #

(1) Business proprietors may establish an association or organization in order to promote a healthy and sound development of business.

(2) The association or organization shall be incorporated.

(3) A person who desires to establish the association or organization shall obtain permission from the Minister of Culture and Tourism or other relevant Minister.

(4) The association or organization shall endeavor to ensure that a healthy and sound operational order may be maintained in doing business pertaining to the manufacture and distribution of sound records, video products and game software.

(5) The provisions on an incorporated association as referred to in the Civil Act shall apply mutatis mutandis to the matters that this Act does not prescribe with respect to the association or organization.

Article 44(Education of Distribution-Related Business Proprietors) #

The head of Si/Gun/Gu may, if deemed necessary to establish a healthy and sound order of distribution of sound records, video products and game software, the distribution-related business proprietors undergo necessary education under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 7416, Mar. 24, 2005>

Article 45(Assistance to Exemplary Distribution-Related Business Proprietor) #

(1) In carrying out the policies for promotion as set forth in Article 3, the head of Si/Gun/Gu may, if necessary, designate an exemplary distribution-related business proprietor and thereby provide necessary assistance to him. <Amended by Act No. 7416, Mar. 24, 2005>

(2) Necessary matters pertaining to standards and procedures for designation as prescribed in paragraph (1) shall be determined by the Ordinance of the Ministry of Culture and Tourism.

Article 46(Fees) #

(1) A person who makes a report falling under any of the following subparagraphs shall pay fees under the conditions as prescribed by the Ordinance of the Ministry of Culture and Tourism:

1. Report on a sound records, etc. manufacturing business or a sound records, etc. distributing business as referred to in Article 26 (1); and

2. Report on alterations in a sound records, etc. manufacturing business or a sound records, etc. distributing business as referred to in Article 31 (1).

(2) A person who makes an application or a report falling under any of the following subparagraphs shall pay fees under the conditions as prescribed by the Municipal Ordinance of Si/Gun/Gu (referring to an autonomous Gu):

1. Application for the registration of the video service providing business, general game room business, or singing practice room business as referred to in Article 27 (1);

2. Report on, or application for the registration of, the combined distribution business as prescribed in Article 28; and

3. Report on alterations in the video service providing business, general game room business, singing practice room business, or combined distribution business as prescribed in Article 31 (1).

(3) A person who makes an application falling under any of the following subparagraphs shall pay fees set by the Board with the approval of the Minister of Culture and Tourism:

1. Application for the classification of video products or game software as referred to in Article 20 (1);

2. Application for reclassification, etc. as referred to in Article 23 (1); and

3. Application for recommendation on import as prescribed in Article 35 (1).

Article 47(Entrustment of Authority) #

(1) Deleted. <by Act No. 7416, Mar. 24, 2005>

(2) The authority for the matters set forth in the following subparagraphs that forms part of the power of the Mayor/Do governor or the head of Si/Gun/Gu under this Act may, under the conditions as prescribed by the Presidential Decree, be entrusted to the Board, or to such an association or organization as prescribed in Article 43: <Amended by Act No. 6552, Dec. 29, 2001; Act No. 7416, Mar. 24, 2005>

1. Deleted; <by Act No. 7416, Mar. 24, 2005>

2. Education for the distribution-related business proprietors as referred to in Article 44; and

3. Other matters as determined by the Presidential Decree.

Article 48(Legal Fiction as Public Officials in Applying Penal Provisions) #

The members and staff of the Board, the members of the sectional committees, the members of the post-control commission, and the officers and the staff members of the association or organization who are engaged in their duties to carry out matters entrusted by the Minister of Culture and Tourism pursuant to Article 47 shall be deemed to be public officials in applying penal provisions of the Criminal Act or other Acts.

Article 49(Penal Provisions) #

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won:

1. A person who has violated Article 21 (3);

2. A person who has violated subparagraph 2 of Article 32; and

3. A person who has been subjected to the disposition under each subparagraph of Article 42 (1) and nevertheless has continued to operate business in violation thereof.

(2) The game software decided on as not suitable for access thereto and the equipment and materials provided for direct use in manufacturing it as well as any printed materials usable for its manufacture, which are possessed or occupied by the person falling under paragraph (1) 1, shall be confiscated and, if such confiscation is inapplicable, the equivalent value shall be collected.

Article 50(Penal Provisions) #

Any person who falls under any of the following subparagraphs shall be punished by imprisonment for a period of not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 7131, Jan. 29, 2004>

1. A person who has had his video products classified in accordance with Article 20 (1) or obtained prior confirmation that his video products are eligible for the exemption of the classification in accordance with Article 20-2 (1) by means of false or illegality without having any justifiable right to such video products;

1-2. A person who has violated Article 21 (1), (4) or (5);

2. A person who has operated business without registration in violation of Article 27 (1) or 28 (2);

3. A person who has violated subparagraph 3 of Article 32;

4. A person who has failed to separately place and control two different types of game software, one for persons of all ages and the other for persons who are 18 years of age or older, in violation of subparagraph 4 of Article 32;

5. A person who has violated subparagraph 6 or 7 of Article 32;

6. A person who has imported or domestically manufactured foreign sound records on commercial basis without recommendation as prescribed in Article 35 (1) or who has obtained recommendation by unlawful methods;

7. A person who has continued to run his business in violation of the order given to suspend his business under Article 39 (1) (limited to any person who has registered his business under Article 27 (1) or 28 (2); and

8. A person who has manufactured or distributed the sound records, video products, or game software falling under Article 42 (3) 2, 4 through 6, or offered them to the public for their viewing or amusement or, to this end, kept and exhibited them.

Article 51(Penal Provisions) #

Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding 10 million won: <Amended by Act No. 6552, Dec. 29, 2001; Act No. 7131, Jan. 29, 2004>

1. A person who has operated business without report in violation of Article 26 or 28 (1);

2. A person who has violated Article 27 (2);

3. A person who has carried in foreign sound records, video products, or game software in violation of Article 36;

4. A person who has distributed or posted advertisements or publicity materials without obtaining the confirmation as to whether to be harmful under Article 38 (3);

5. A person who has continued to run his business in violation of the order given to suspend his business under Article 39 (1) (limited to the person who has made the report on his business in accordance with Article 26 or 28 (1) and the proprietor of the multi-media service providing business); and

6. A person who has refused, obstructed, or evaded such actions as the relevant public official took pursuant to Article 42 (1) or (3).

Article 52(Joint Penal Provisions) #

In case a representative of a corporation, or an agent, an employee, or any other employed person of a corporation or an individual has committed such offences as prescribed in Articles 49 through 51 in connection with the business of the corporation or the individual, not only shall the wrongdoer be punished accordingly but also the corporation or the individual shall be punished by a fine under each of the relevant provisions.

Article 53(Fine for Negligence) #

(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 50 million won:

1. A person who has violated Article 21 (2);

2. A person who has violated Article 22 (4);

3. A person who has failed to provide game software or computers, etc. with such programs or devices as may intercept obscene images in violation of subparagraph 5 of Article 32; or

4. A person who has violated Article 38 (1) or (2).

(2) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 10 million won:

1. A person who has failed to put a warning phrase "not suitable for juveniles" on the sound records concerned in violation of Article 22 (3);

2. A person who has failed to submit a report of alterations in violation of Article 31 (1);

3. A person who has failed to post a conspicuous sign "No juveniles" in violation of subparagraph 4 of Article 32;

4. A person who has violated Article 37 (1) and (2); or

5. A person who has failed to receive education in violation of Article 44.

(3) The fine for negligence under paragraphs (1) and (2) shall, under the conditions as prescribed by the Presidential Decree, be imposed and collected by the Mayor/Do governor, or the head of Si/Gun/Gu (hereinafter referred to as the "person having the authority to impose"). <Amended by Act No. 7416, Mar. 24, 2005>

(4) Any person who is dissatisfied with the disposition of the fine for negligence as prescribed in paragraph (3) may raise an objection to the person having the authority to impose within 30 days after receipt of the notice of such a disposition.

(5) In case a person who was subjected to the disposition of a fine for negligence under paragraph (3) has raised an objection pursuant to paragraph (4), the person having the authority to impose shall notify the competent court of such a fact without delay, and thereby the competent court shall proceed to a trial on the case of the fine for negligence in accordance with the Non-Contentious Case Litigation Procedure Act.

(6) In case neither has an objection been raised nor the payment of a fine for negligence been made within the period as referred to in paragraph (4), the fine for negligence shall be collected by referring to the practices of disposition on default of local taxes. <Amended by Act No. 7416, Mar. 24, 2005>