Article 1(Purpose) #
The purpose of this Decree is to stipulate the matters delegated by the Sound Records and Video Products Act (hereinafter referred to as the “Act”) and those necessary for its enforcement.
Article 2(Scope of Video Products) #
The term “motion pictures, musics and games are recorded” in the proviso of subparagraph 2 of Article 2 of the Act means those in which motion pictures, music and games constitute their principal contents individually or in form of mutual combination.
Article 3(Registration of Producer) #
Any person who desires to make a registration pursuant to Article 4 (1) of the Act shall present a written application for registration of sound records or video products producer, accompanied by the documents as prescribed by the Ordinance of the Ministry of Culture and Sports to the Minister of Culture and Sports.
Article 4(Exceptions to Registration) #
The term “in the case of persons as prescribed by the Presidential Decree” as provided for in the proviso of Article 4 (1) of the Act, means the cases falling under any of the following subparagraphs:
1. Where a person does not produce by means of reproduction, etc. but produces only by planned production;
2. Where the State or the local government produce;
3. Where any educational and training institution established pursuant to the Acts and subordinate statutes, produces for the purpose of applying the products thereof to its own education or study and training;
4. Where any broadcasting corporation under the Broadcasting Act, or any composite cable broadcasting station and any person who has obtained permission for a program supply business under the Composite Cable Broadcasting Act, produce for the purpose of broadcast;
5. Where any government-invested institution or government-contributed institution as referred to in Article 2 of the Framework Act on the Management of Government-Invested Institutions produces for the purpose of publicizing its projects; and
6. Where a person produces sound records or video products to keep them in commemoration of matters, etc. related to ceremonies of the coming of age, marriage, funeral and ancestral worship or religious rites, and where he does not intend to sell, distribute or lend them or offer them for looking and listening for the general public.
Article 5(Standards for Registration Facilities) #
(1) The term “facilities as prescribed by the Presidential Decree” as provided for in Article 4 (2) of the Act means the following facilities:
1. Reproduction facilities to provide the type of recording for cassette tapes, disks and records etc, and their incidental facilities where a person carries on the production of sound records as a business; and
2. Reproduction facilities to provide the type of video products for tapes, disks, floppy disks and game packs etc, and their incidental facilities where he carries on the production of video products as a business.
(2) The detailed standards for facilities as referred to in the subparagraphs of paragraph (1) of this Article, shall be determined by the Ordinance of the Ministry of Culture and Sports.
Article 6(Registration of Distribution -Related Businessmen) #
Any person who desires to make a registration of sound records and video products distribution-related businessman (hereinafter referred to as the “distribution-related businessman”) pursuant to Article 7 (1) of the Act, shall present a written application for registration of sound records and video products distribution-related businessman, accompanied by documents as determined by the Ordinance of the Ministry of Culture and Sports, to the head of Si/Gun/Gu (limited to the head of autonomous Gu, hereinafter the same shall apply) who has jurisdiction over the location of his business place.
Article 7(Matters to be Observed by Distribution-Related Businessman) #
The matters to be observed by the distribution-related businessman as referred to in Article 8 of the Act shall be listed in Table 1.
Article 8(Report on Modification of Registered Matters) #
Any person who desires to make a report on modification of registered matters pursuant to Article 9 of the Act, shall present a written report on modification of registered matters accompanied by the documents as determined by the Ordinance of the Ministry of Culture and Sports to the Minister of Culture and Sports or to the head of Si/Gun/Gu (hereinafter referred to as the “registration authorities”) within 15 days from the date on which the cause occurs.
Article 9(Registration Certificates) #
(1) The registration authorities shall without delay deliver a registration certificate according to the classification of business, where the registration is made on application for registration as referred to in Article 3 or 6, and shall without delay deliver a certificate of report where they receive a report on modification pursuant to Article 8.
(2) Where any registrant makes an application for redelivery of registration certificate due to such causes as loss or becoming unusable, the registration authorities shall redeliver it.
Article 10(Standards for Calculation of Penalty) #
(1) The amount of penalty as referred to in Article 13 of the Act, shall be calculated applying the standards listed in Table 2 according to the standards for the disposition of suspension of business as determined by the Ordinance of the Ministry of Culture and Sports.
(2) The registration authorities may increase or mitigate the penalty within the scope of half the amount of the penalty as referred to in paragraph (1) of this Article, in consideration of the degree of the offense and the number of offenses: Provided, That when increasing the penalty, the total amount of the penalty shall not exceed 10 million won.
Article 11(Payment of Penalty) #
(1) Where the registration authorities desire to impose a penalty as referred to in Article 13 of the Act, it shall specify the category of the offense and the amount of the relevant penalty, and notify the offender in writing to pay the penalty.
(2) The person who has received the notification pursuant to paragraph (1) of this Article, shall pay the penalty to the receiving agency determined by the registration authorities within 20 days: Provided, That where he is unable to pay the penalty within the period due to force majeure, he shall pay it within 7 days from the date on which the causes disappear.
(3) The receiving agency which receives the penalty pursuant to paragraph (2) of this Article, shall deliver a receipt to the payer.
(4) Where the receiving agency of the penalty receives the penalty pursuant to paragraph (2) of this Article, it shall notify the fact without delay to the registration authorities.
(5) The penalty shall not be paid in installments.
Article 12 #
Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>
Article 13(Application for Recommendation of Import etc.) #
Any person who desires to obtain a recommendation to import or manufacture sound records produced in a foreign country (including the original plates of the sound records; hereinafter referred to as “foreign sound records”) or video products produced in a foreign country (including the originals of video products; hereinafter referred to as “foreign video products”) pursuant to Article 15 (1) and (2) of the Act, shall present a written application for recommendation to import or manufacture foreign sound records or foreign video products, accompanied by the documents as determined by the Ordinance of the Ministry of the Culture and Sports to the Public Performance Ethics Committee under the Public Performance Act (hereinafter referred to as the “Public Performance Ethics Committee”).
Article 14(Exceptions to Recommendation to Import) #
The term “the case as prescribed by the Presidential Decree” provided for in the proviso of Article 15 (1) of the Act means the case where a person manufactures foreign sound records or foreign video products by means of reproduction etc. and then imports them for the purpose of exporting the whole quantity to a foreign country: Provided, That the cases which fall under any of subparagraphs of Article 18 (1) of the Act, shall be excluded.
Article 15(Application for Recommendation to Carry in) #
Any person who desires to obtain a recommendation to carry-in pursuant to Article 16 of the Act, shall present a written application for recommendation to carry in foreign sound records or foreign video products, accompanied by the documents determined by the Ordinance of the Ministry of Culture and Sports, to the Public Performance Ethics Committee.
Article 16(Exceptions to Recommendation to Carry in) #
The term “the case as prescribed by the Presidential Decree” provided for in the proviso of Article 16 of the Act means the case where the person carries in sound records or video products which fall under any of the following subparagraphs:
1. Sound records or video products which shall be used by the State or local government;
2. Sound records or video products which shall be used for the purpose of its own education programme or study and training by any educational and training institution established pursuant to Acts and subordinate statutes;
3. Not more than 20 sound records or video products which shall be carried in directly for a persons own use (limited to the case where it does not fall under any of subparagraphs of Article 18 of the Act); and
4. Sound records or video products which any person entering the country to change his residence carries in and which the superintendent of the customs office deems as articles of moving (limited to the case where it does not fall under any of subparagraphs of Article 18 (1) of the Act).
Article 17(Certificate of Recommendation) #
Where the Public Performance Ethics Committee makes a recommendation as referred to in Articles 13 and 15, it shall without delay deliver a certificate of recommendation for the import, manufacture or carry-in of foreign sound records or foreign video products to the applicant.
Article 18(Application for Deliberation) #
(1) Any person who desires to go through a deliberation as referred to in Article 17 (1) and (2) of the Act, shall present a written application for deliberation of sound records or video products, accompanied by its sample to the Public Performance Ethics Committee.
(2) Where a person who plans and produces video products, and a person who manufactures planned and produced sound records are different people, or where a person who imports video products, and a person who manufactures imported video products are different people, either one of the parties may make an application for deliberation as referred to in paragraph (1) of this Article, after being delegated by the other party.
(3) Where a person makes an application for deliberation of sound records or video products which are part of a book, the publisher of the relevant book may make an application for deliberation after being delegated by the producer of sound records or video products.
Article 19(Exceptions etc. to Deliberation) #
(1) The term “the case as prescribed by the Presidential Decree” as provided for in the proviso of Article 17 (1) of the Act, means the case where it falls under any of the following subparagraphs:
1. Where it falls under subparagraphs 2 through 6 of Article 4; and
2. Where the video products are produced for the purpose of applying to education, learning, religion, industry or business etc. from among domestic video products and where it is possible for everybody to deem that they do not fall under the criteria for deliberation as referred to in Article 20.
(2) Any person who produces video products may ask the Public Performance Ethics Committee to confirm, when it is difficult to judge, whether or not the relevant video products fall under paragraph (1) 2 of this Article.
(3) If the Public Performance Ethics Committee confirms they have gone through deliberation pursuant to the provisions of other Acts and subordinate statutes of video products and their contents thereof, it may deem that they have gone through the deliberation under this Decree.
Article 20(Criteria for Deliberation) #
(1) The detailed criteria for deliberation as referred to in Article 18 (1) and (3) of the Act shall be as follows:
1. Contents which use vulgar or obscene language or describe indecent acts;
2. Contents which justify crime or give an exceedingly cruel and delicate description of the means of crime;
3. Contents which mock or slander legitimate law enforcement;
4. Contents which make faith and religious rites etc. a mockery or an object of hatred;
5. Contents which justify the ill treatment of ascendants and descendants, aged people, children, women, or are likely to encourage suicidal acts;
6. Contents which describe historical facts, figures or monuments falsely;
7. Contents which deal impiously with national symbols such as the national anthem or national flag, or are likely to damage national prestige significantly; and
8. Where titles are vulgar or obscene or are stimulative by intention or indecently exaggerated independently of the contents.
(2) The detailed criteria for deliberation as referred to in Article 18 (2) and (3) of the Act shall be as follows:
1. Contents which justify the abuse of minors or abduction of children;
2. Contents which, in describing the handicapped, make a mockery of them or induce them to develop an inferiority complex;
3. Contents which justify smoking or drinking by minors;
4. Contents which stir up a speculative spirit;
5. Contents which justify acts of prostitution or describe indecent acts;
6. Contents which impairs a sense of righteousness in describing crimes;
7. Contents which are likely to stir up such acts, by justifying acts prohibited to minors by Acts and subordinate statutes; and
8. Other contents which are likely to harm the cultivation of minors’ sound moral character.
Article 21(Audio-Visual Grade) #
The audio-visual grade by minor as referred to in Article 18 (2) of the Act shall be as follows:
1. Open to viewing by minors: The programmes which everybody can look and listen to, irrespective of age;
2. Open to viewing by middle school students or seniors, or 12 years old or older: The ones which middle school students or seniors or 12 years old or older can look and listen to; and
3. Open to viewing by high school students or seniors, or 15 years old or older: The ones which high school students or 15 years old or older can look and listen to.
Article 22(Deliberation of Advertisement and Publicity Materials) #
(1) Any person who desires to go through a deliberation of advertisement or publicity materials as referred to in Article 19 of the Act, shall present a written application for deliberation of advertisement and publicity materials on sound records or video products, accompanied by the advertisement or publicity materials thereof, to the Public Performance Ethics Committee.
(2) The provisions of Article 20 shall apply mutatis mutandis to the deliberation as referred to in paragraph (1) of this Article
Article 23(Certificate of Deliberation) #
(1) Where the chairman of the Public Performance Ethics Committee deliberates video products or their advertisement or publicity materials and decides that they have gone through deliberation, he shall without delay deliver a certificate of deliberation of video products or their advertisement or publicity materials to the applicant. In this case, the certificate of deliberation of video products shall indicate the audio-visual grade as referred to in Article 18 (2).
(2) The provisions of Article 9 (2) shall apply mutatis mutandis to the redelivery of certificates of deliberation as referred to in paragraph (1) of this Article.
Article 24(Report on Results of Deliberation) #
Where the chairman of the Public Performance Ethics Committee delivers a certificate of deliberation as referred to in Article 23, he shall present a report on the results of deliberation to the Minister of Culture and Sports within 5 days from the date of its delivery. In this case, the Minister of Culture and Sports may ask to present necessary related materials.
Article 25(Presentation of Samples) #
(1) The presentation of samples as referred to in Article 20 (1) of the Act shall be made by a written presentation of sample sound records or video products accompanied by one relevant sound records or video products to the Minister of Culture and Sports 5 days in advance of selling, distributing or lending them or offering them for looking and listening.
(2) The term “the case as prescribed by the Presidential Decree” provided for in the proviso of Article 20 (1) of the Act means the case where a person falls under Article 4 (2) through (6).
(3) Any person who desires to claim compensation pursuant to Article 20 (3) of the Act shall present a written request for compensation for the presentation of sample sound records and video products to the Minister of Culture and Sports within 90 days from the date on which he has taken delivery of the certificate of presentation of sample sound records and video products.
Article 26(Report) #
The Minister of Culture and Sports may have a sound records or video products producer make a report on the results of business and present the status of facilities and other materials necessary for the establishment of a sound commercial order for sound records or video products pursuant to Article 21 (1) of the Act.
Article 27(Entrustment of Authority) #
The Minister of Culture and Sports shall entrust the business on the presentation of samples as referred to in Article 20 of the Act, to the Public Performance Ethics Committee pursuant to Article 24 of the Act.
Article 28(Imposition and Collection Procedures of Fine for Negligence) #
(1) In imposing a fine for negligence pursuant to Article 29 of the Act, the registration authorities shall investigate and confirm the relevant offense, specify in writing the facts of the offense and the amount etc. of the fine for negligence, and notify the person subject to the disposition of the fine to pay it.
(2) Where the registration authorities desire to impose a fine for negligence pursuant to paragraph (1) of this Article, the offender shall be given an opportunity to state his opinion orally or in writing by specifying a period of not less than 10 days. In this case, where no opinion is stated by the designated date, he shall be deemed to have no opinion.
(3) The amount of a fine for negligence shall be in accordance with the classification of offenses as are listed in Table 3: Provided, That the registration authorities may increase or mitigate it within the scope of half the relevant amount in consideration of the degree and the number of offenses. In this case, by imposing an increase, the total of the fine for negligence shall not exceed one million won.
(4) The collection procedures of a fine for negligence shall be determined by the Ordinance of the Ministry of Culture and Sports.
Article 29(Fees) #
(1) In making an application or report provided for in any of the following subparagraphs, the fees shall be paid under the conditions as prescribed by the Ordinance of the Ministry of Culture and Sports:
1. An application for registration of a producer as referred to in Article 3;
2. A report on modification of registered matters of a producer as referred to in Article 8; and
3. An application for redelivery of a registration certificate of a producer as referred to in Article 9 (2).
(2) In making an application or report provided for in the following subparagraphs under this Decree, the fees shall be paid under the conditions as prescribed by the Municipal Ordinance of the relevant Si/Gun/Ku:
1. An application for registration of a distribution-related businessman as referred to in Article 6;
2. A report on modification of registered matters of a distribution-related businessman as referred to in Article 8; and
3. An application for redelivery of a registration certificate of a distribution-related businessman as referred to in Article 9 (2).
(3) Any person who desires to obtain a recommendation provided for in any of the following subparagraphs shall, on approval from the Minister of Culture and Sports, pay the fees as determined by the Public Performance Ethics Committee:
1. A recommendation to import, manufacture or carry-in of foreign sound records or foreign video products as referred to in Articles 13 and 15;
2. A deliberation of video products as referred to in Article 18 (1);
3. A deliberation of advertisement or publicity materials on video products as referred to in Article 22 (1); and
4. A redelivery of a certificate of deliberation as referred to in Article 23 (2).