Article 1(Purpose) #
The purpose of this Decree is to provide for the matters delegated by the Import and Distribution of Foreign Publications Act (hereinafter referred to as the “Act”) and the matters necessary for its enforcement.
Article 2(Specified Foreign Publications) #
(1) The specified foreign publications as referred to in subparagraph 4 of Article 2 of the Act mean foreign publications which include the contents falling under any of the following subparagraphs:
1. Contents which deny the legitimacy of the Republic of Korea or infringe upon sovereignty of the Republic of Korea;
2. Contents which impair the reputation of the Republic of Korea by bringing disgrace to national discipline or constitutional institutions;
3. Contents which completely deny the liberal democratic system or en courage or instigate the activities to overthrow the system;
4. Contents which praise, encourage, sympathize with, propagandize, or instigate the activities of antinational organizations or their members; and
5. Contents which distort or fabricate historically important facts.
(2) Foreign publications which fall under any of the following subparagraphs shall not be considered falling under the specified foreign publications as referred to in paragraph (1):
1. Publications which are published in North Korea, but whose contents are deemed not to be political or ideological;
2. Publications which include contents on North Korea, but are weak in the area of political propaganda, have been deemed as valuable sources of introduction or research material;
3. Publications which include contents concerning original texts on communism, strategic and tactical theories on revolution, revolutionary movements, or revolutionaries, but whose influence on our society is deemed to be weak;
4. Publications that criticize the capitalism system, but whose propensity to deny the system is deemed to be weak; and
5. Publications which distort historical facts, but whose influence on our society is deemed to be weak.
Article 3(Foreign Publications Injurious to Public Morals) #
The foreign publications injurious to public morals, as referred to in subparagraph 5 of Article 2 of the Act, mean the foreign publications which include contents falling under any of the following subparagraphs:
1. Contents which impair sound sexual morality by describing a particular part of the body, or acts which stimulate sexual impulse, such as obscene acts, etc.;
2. Contents which might foster criminal acts by describing decadent or cruel acts, such as murder, violence, etc.;
3. Contents which foster the use of narcotic;
4. Contents which impair sound social ethics by describing acts of cruelty to, or desertion of lineal ascendants and descendents, children, women, or the old and the weak;
5. Contents which are deemed to stimulate the sexual impulses of youths, or be harmful to the cultivation of the aesthetic sentiments of youths; and
6. Other contents which exert an evil influence on the promotion of sentiments or sound social ethos of people.
Article 4 #
Deleted.<by Presidential Decree No. 16377, Jun. 8, 1999>
Article 5 #
Deleted.<by Presidential Decree No. 16377, Jun. 8, 1999>
Article 6(Application, etc. for Recommendation on Import) #
(1) A foreign publication importer who desires to obtain import recommendations under the conditions as prescribed by Article 5 of the Act, shall submit to the Minister of Culture and Tourism an application for import recommendations of foreign publications in the attached Form No. 4 (1), together with the documents falling under the following subparagraphs: <Amended by Presidential Decree No. 16377, Jun. 8, 1999; Presidential Decree No. 17186, Mar. 31, 2001>
1. A list of the applied publications in the attached Form No. 4 (2);
2. Deleted; and <by Presidential Decree No. 16377, Jun. 8, 1999>
3. Any document to certify the particular number of trade business (limited to a person to whom the particular number of trade business has been granted under Article 30 (1) of the Enforcement Decree of the Foreign Trade Act).
(2) When the Minister of Culture and Tourism recommends an appli cation on import recommendations under paragraph (1), he may add the necessary conditions to it. <Amended by Presidential Decree No. 16377, Jun. 8, 1999>
Article 7 #
Deleted.<by Presidential Decree No. 16377, Jun. 8, 1999>
Article 8(Presentation of Sample Copy of Foreign Publication) #
(1) A person who is ordered to submit the sample copies of foreign pub lications under Article 6 (1) of the Act, shall present to the Minister of Culture and Tourism the sample copies of foreign publications in the attached Form No. 5 (1), together with a list of the sample copies of foreign publications in the attached Form No. 5 (2) and one copy of each publication before their distribution. <Amended by Presidential Decree No. 16377, Jun. 8, 1999>
(2) A person who intends to request compensation under Article 6 (2) of the Act, shall submit to the Minister of Culture and Tourism a written request for compensation in the attached Form No. 6. <Amended by Presidential Decree No. 16377, Jun. 8, 1999>
Article 9 #
Deleted.<by Presidential Decree No. 16377, Jun. 8, 1999>
Article 10 #
Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>
Article 11 #
Deleted.<by Presidential Decree No. 16377, Jun. 8, 1999>
Article 12(Fees) #
The amount of fees under the provisions of Article 12 of the Act shall be 2,000 won based on the frequency of one application and where the number of kinds of foreign publications which are subject to an application for recommendations on imports exceeds 20 once, 100 won shall be added for every excess 10 kinds.
[This Article Wholly Amended by Presidential Decree No. 16377, Jun. 8, 1999]
Article 13 #
Deleted.<by Presidential Decree No. 16377, Jun. 8, 1999>