ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON THE PROMOTION OF CULTURAL INDUSTRIES

Article 1(Purpose) #

The purpose of this Decree is to provide for matters mandated by the Framework Act on the Promotion of Cultural Industries.

[This Article Wholly Amended on May 6, 2009]

Article 2 #

Deleted. <Sep. 1, 2011>

Article 3(Requirements for investment associations) #

(1) "Ratio prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Framework Act on the Promotion of Cultural Industries (hereinafter referred to as the "Act") means 60 out of 100. <Amended on Sep. 1, 2011>

(2) A person who wishes to become a cultural industry specialized investment association (hereinafter referred to as "investment association") shall receive confirmation from the Minister of Culture, Sports and Tourism regarding the investment ratio under paragraph (1).

[This Article Wholly Amended on May 6, 2009]

Article 3-2(Scope of financial institutions) #

"Financial institutions, etc. prescribed by Presidential Decree" in subparagraph 13 of Article 2 of the Act means any of the following: <Amended on Nov. 15, 2010; May 31, 2016>

1. Banks under Article 2 (1) 2 of the Banking Act;

2. Korea Development Bank under the Korea Development Bank Act;

3. Industrial Bank of Korea under the Industrial Bank of Korea Act;

4. Export-Import Bank of Korea under the Export-Import Bank of Korea Act;

5. Trustee under the Capital Market and Financial Investment Business Act;

6. Financial institutions defined in subparagraph 3 f of Article 2 of the Korea Technology Finance Corporation Act and subparagraph 3 f of Article 2 of the Korea Credit Guarantee Fund Act.

[This Article Added on May 6, 2009]

Article 4(Formulation of mid- and long-term master plans) #

(1) The Minister of Culture, Sports and Tourism shall formulate a medium-term master plan every 5 years, and a long-term master plan every 10 years, which are medium- and long-term master plans on the advancement of cultural industries (hereinafter referred to as "medium- and long-term master plans") in accordance with Article 4 (2) of the Act.

(2) Each mid- to long-term master plan under paragraph (1) shall include the following matters:

1. Mid-term or long-term basic direction of cultural industry policies;

2. Improvements to the system and the statutes and regulations for the promotion of cultural industries;

3. Plans to expand financial resources for the promotion of cultural industries;

4. Detailed plans for the promotion of cultural industries by sector.

(3) The Minister of Culture, Sports and Tourism may request cooperation from the heads of relevant administrative agencies if necessary for the formulation and execution of the mid- to long-term master plans.

(4) When the Minister of Culture, Sports and Tourism formulates and finalizes a mid- to long-term master plan, he or she shall notify the plan to the heads of relevant administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") thereof.

[This Article Wholly Amended on May 6, 2009]

Article 5(Formulation of detailed implementation plans) #

(1) The Minister of Culture, Sports and Tourism shall establish a detailed implementation plan (hereinafter referred to as the "detailed implementation plan") under Article 4 (2) of the Act every year, and the detailed implementation plan shall include the following matters:

1. Direction for promoting projects in the relevant year;

2. Implementation guidelines for each major project;

3. Detailed implementation plans for each major project;

4. Plans to promote the distribution of cultural products;

5. Other matters necessary for the promotion of cultural industries.

(2) Article 4 (3) and (4) shall apply mutatis mutandis to the detailed implementation plans.

[This Article Wholly Amended on May 6, 2009]

Article 6(Procedures for recognition of cultural industry investments by investment companies) #

(1) In order for an investment company (hereinafter referred to as "investment company") under Article 8 (1) of the Act to be recognized for its investment in the cultural industry, it shall submit an application for recognition of its investment to the Minister of Culture, Sports and Tourism, attaching the following documents:

1. Documents detailing investment performance and investment plans in the cultural industry (including unsecured loans to cultural product producers and rental or lease of facilities and equipment);

2. An analysis of the profitability of the business from the relevant investment.

(2) When an investment company files an application under paragraph (1), the Minister of Culture, Sports and Tourism shall verify the details thereof and notify the applicant of the results thereof within 15 days.

[This Article Wholly Amended on May 6, 2009]

Article 7 #

Deleted. <May 6, 2009>

Article 8(Submission of statement of accounts) #

In accordance with Article 8 (4) of the Act, investment companies shall submit financial statements specifying details of support for the cultural industry to the Minister of Culture, Sports and Tourism within 3 months after the end of each fiscal year.

[This Article Wholly Amended on May 6, 2009]

Article 9(Equity interests in investment companies) #

Where an investment company forms an investment partnership under Article 9 (1) of the Act, the equity interest of the investment company shall be at least 5 percent of the total capital contributions to the investment partnership.

[This Article Wholly Amended on May 6, 2009]

Article 10(Scope of producer's production support) #

The scope of production eligible for support from the Minister of Culture, Sports and Tourism or the Mayor/Do Governor under Article 10 of the Act shall be as follows:

1. Exemplary cultural products designated under Article 15 (1) of the Act;

2. Works to be exhibited as cultural products at international film festivals, exhibitions, expositions, trade fairs, advertising festivals, etc.;

3. Production of cultural products for export;

4. Other cultural products with high added economic value as recognized by the Minister of Culture, Sports and Tourism or the Mayor/Do Governor.

[This Article Wholly Amended on May 6, 2009]

Article 10-2(Types of cultural industry guarantee) #

The types of cultural industry guarantee provided in Article 10-2 (4) of the Act are as follows:

1. Cultural industry completion guarantee: Where a producer of cultural products has entered into a sales contract with a distributor of the cultural products, it means guaranteeing the fulfillment of obligations incurred by obtaining loans or funds necessary to complete and deliver the cultural products in accordance with the contract;

2. Cultural industry export guarantee: Where a cultural industry-related business entity is planning to export cultural products or has concluded an export contract therefor, it means guaranteeing the fulfillment of obligations incurred by obtaining loans or funds necessary for the production, distribution, or other processes of the cultural products;

3. Cultural industry specialized guarantee: Where a cultural industry-related business entity, having undergone a value assessment of cultural products or cultural technology by a value rating institution under Article 16-2 (1) of the Act and having received a recommendation for guarantee, obtains loans or funds necessary for the production, distribution, or other processes of the cultural products, it means guaranteeing the fulfillment of the obligations thereby incurred;

4. Other guarantees deemed necessary and publicly notified by the Minister of Culture, Sports and Tourism to facilitate the financing required for the production and distribution and other processes of cultural products by cultural industry-related business entities.

[This Article Added on Apr. 22, 2025]

[(previous) Article 10-2 moved to Article 10-3 <Apr. 22, 2025>]

Article 10-3(Revenue and expenditures of the Cultural Industry Guarantee Account) #

(1) The revenue of the Cultural Industry Guarantee Account established under Article 10-2 (1) of the Act (hereinafter referred to as "the Account") shall be as follows: <Amended on Apr. 22, 2025>

1. Contributions from the government, cultural industry guarantee contractors, and other persons;

2. Guarantee fee;

3. Revenues from operation of the Account;

4. Other incidental revenues.

(2) The expenditures of the Account shall be as follows:

1. Payment by subrogation of obligations

2. Expenses incurred in operating and managing the Account;

[This Article Added on May 6, 2009]

[Title Amended on Apr. 22, 2025]

[Moved from Article 10-2; (previous) Article 10-3 moved to Article 10-4 <Apr. 22, 2025>]

Article 10-4(Operation of the Account) #

An institution in which the Cultural Industry Guarantee Account is established under Article 10-2 (1) of the Act (hereinafter referred to as the "guarantee institution") shall, if there are surplus funds in the Account, operate such funds in accordance with either of the following methods: <Amended on Apr. 22, 2025>

1. Deposit in a financial institution;

2. Purchase of State bonds, local government bonds, and bonds guaranteed by the State, local governments, or financial institutions;

[This Article Added on May 6, 2009]

[Moved from Article 10-3; (previous) Article 10-4 moved to Article 10-5 <Apr. 22, 2025>]

Article 10-5(Accounting and settlement of the Account) #

(1) The guarantee institution shall handle the accounting of the Account separately from other accounts, such as funds operated by the guarantee institution. <Amended on Apr. 22, 2025>

(2) The fiscal year of the Account shall coincide with the fiscal year of the State.

(3) The head of a guarantee institution shall prepare an operating plan for the total income and expenditures of the Account for each fiscal year and submit it to the Minister of Culture, Sports and Tourism at least 1 month prior to the start of the fiscal year. Where the head intends to modify the plan, the modifications shall be submitted at least 1 month in advance. <Amended on Apr. 22, 2025>

(4) The head of a guarantee institution shall, for each fiscal year, prepare a settlement report, a balance sheet, and an income statement of the Account, and submit them to the Minister of Culture, Sports and Tourism within 2 months after the end of the fiscal year. <Amended on Jul. 2, 2019; Apr. 22, 2025>

[This Article Added on May 6, 2009]

[Moved from Article 10-4; (previous) Article 10-5 moved to Article 10-6 <Apr. 22, 2025>]

Article 10-6(Treatment of profits and losses) #

(1) Where a surplus arises from the settlement of the Account, the entire amount thereof shall be appropriated as reserves.

(2) Where a deficit arises from the settlement of the Account, it shall be covered by the reserves under paragraph (1).

[This Article Added on May 6, 2009]

[Moved from Article 10-5; (previous) Article 10-6 moved to Article 10-7 <Apr. 22, 2025>]

Article 10-7(Duties of guarantee institution) #

The guarantee institution shall perform the following duties to achieve the purpose of establishing the Account: <Amended on Apr. 22, 2025>

1. Operation and management of the cultural industry guarantee;

2. Operation and management of the Account assets;

3. Exercise of the subrogation right arising from payment by subrogation of obligations;

4. Research on the cultural guarantee system;

5. Other duties incidental to those referred to in subparagraphs 1 through 4.

[This Article Added on May 6, 2009]

[Title Amended on Apr. 22, 2025]

[Moved from Article 10-6; (previous) Article 10-7 moved to Article 10-8 <Apr. 22, 2025>]

Article 10-8(Submission of work manual) #

The guarantee agency shall prepare a business manual containing the following matters and submit it to the Minister of Culture, Sports and Tourism. The same shall also apply to any modifications thereof: <Amended on Apr. 22, 2025>

1. Matters concerning the guarantee fee rate;

2. Matters concerning the conclusion of a cultural industry guarantee contract;

3. Matters concerning the method of operating cultural industry guarantee;

4. Matters concerning payment by subrogation of obligations and the subrogation right arising therefrom;

5. Other matters necessary for performing guarantee affairs.

[This Article Added on May 6, 2009]

[Moved from Article 10-7; (previous) Article 10-8 moved to Article 10-9 <Apr. 22, 2025>]

Article 10-9(Guarantee fee rate) #

The guarantee fee rate for a cultural industry guarantee shall be determined in consideration of the balance of revenues and expenditures of the Account, the creditworthiness of enterprises related to the cultural industry, and the evaluation conducted by a value rating institution under Article 16-2 of the Act, in compliance with the matters related to guarantee fee rates prescribed in the operation manual under Article 10-8. <Amended on Dec. 21, 2009; Apr. 22, 2025>

[This Article Added on May 6, 2009]

[Moved from Article 10-8; (previous) Article 10-9 moved to Article 10-10 <Apr. 22, 2025>]

Article 10-10(Limit on total amount of cultural industry guarantees) #

The ceiling on the total amount of cultural industry guarantees under the Account shall not exceed 20 times the sum of contributions under Article 10-3 (1) 1 and reserves under Article 10-6 (1). <Amended on Dec. 21, 2009; Apr. 22, 2025>

[This Article Added on May 6, 2009]

[Title Amended on Apr. 22, 2025]

[Moved from Article 10-9 <Apr. 22, 2025>]

Article 11(Reporting by independent broadcast video producers) #

(1) Any person seeking to file a notification as an independent broadcasting program production company under the former part of Article 10-3 (1) of the Act (hereinafter referred to as "independent producer") shall submit a notification in the form prescribed by Decree of the Minister of Culture, Sports and Tourism, attached with a plan or summary of the production of broadcast content, to the Minister of Culture, Sports and Tourism: <Amended Apr. 17, 2012; Jun. 8, 2021>

1. Deleted; <Jun. 8, 2021>

2. Deleted. <Jun. 8, 2021>

(2) If there is any modification to the representative or location of an independent producer reported under paragraph (1), or any other information prescribed by Decree of the Ministry of Culture, Sports and Tourism, the person shall submit a notification of modifications within 30 days from the date of occurrence of the cause of modifications, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Jun. 8, 2021>

(3) The Minister of Culture, Sports and Tourism, upon receiving a notification under paragraph (1) or a notification of modifications under paragraph (2), shall verify the business registration certificate (referring to a business registration certificate excluding the resident registration number; hereinafter the same shall apply) of the reporter through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, if the reporter does not consent to the verification of business registration certificate, he or she shall be required to attach relevant documents. <Amended on May 4, 2010; Apr. 23, 2024>

(4) Where the Minister of Culture, Sports and Tourism receives a notification under paragraph (1) or a notification of modifications under paragraph (2), he or she shall verify the requirements for notification, issue a certificate of notification, and record the fact in the ledger.

[This Article Wholly Amended on May 6, 2009]

Article 11-2(Hearing of opinions) #

If it is necessary for the purpose of investigating whether there have been any violations of Article 10-4 (1) of the Act, the Minister of Culture, Sports and Tourism may hear the opinions of persons with extensive expertise and experience in the fields of cultural industry, labor, or law.

[This Article Added on Jun. 8, 2021]

Article 11-3(Request for reports) #

(1) When the Minister of Culture, Sports and Tourism requests a report or submission of materials under Article 10-4 (2) of the Act, he or she shall do so in writing, specifying the following matters:

1. Reasons for requesting submission of reports or materials;

2. Scope of submission of reports or materials;

3. Deadline and methods for submitting reports or materials;

4. Sanctions for refusal to submit reports or materials, or for submission of false reports or materials.

(2) In Article 10-4 (3) 2 of the Act, "personal information as prescribed by Presidential Decree, such as personally identifiable information under Article 24 of the Personal Information Protection Act" means information provided in Article 19 of the Enforcement Decree of that Act.

(3) "Period prescribed by Presidential Decree" in Article 10-4 (4) of the Act means the period classified as follows:

1. If the cause of any violations of Article 10-4 (1) of the Act is resolved within 6 months: 6 months;

2. If the cause of any violations referred to in Article 10-4 (1) of the Act is not resolved within 6 months, and the total amount of wages or contract price in arrears is at least 30 million won: 1 year and 6 months;

3. Other cases: 1 year.

[This Article Added on Jun. 8, 2021]

Article 12(Production support for independent production companies) #

(1) The Minister of Culture, Sports and Tourism may provide the following support to promote production by independent production companies under Article 11 (1) of the Act: <Amended on Jun. 8, 2021>

1. Support for the planning, production, and development of exemplary broadcasting videos and advertising programs;

2. Support for training of production-related professional human resources;

3. Arrangement for joint use and rental of facilities and equipment between independent production companies;

4. Establishment and implementation of necessary policy measures to protect the copyrights of independent production companies;

5. Support for broadcasting and video production projects of nonprofit corporations or organizations involving independent producers.

(2) The subjects of fact-finding surveys under Article 11 (3) of the Act shall be as follows: <Added on Jun. 8, 2021>

1. Current status and operational status of independent production companies;

2. Current status of production and provision of broadcast video content by independent production companies and the conclusion of related contracts;

3. The status of manpower of independent production companies and the status of conclusion of related contracts;

4. The status of facilities and equipment owned by independent production companies;

5. Other matters for which the Minister of Culture, Sports and Tourism deems necessary to conduct a fact-finding survey for the purpose of formulating and implementing policies related to independent production companies.

(3) The information managed by the comprehensive information system referred to in Article 11 (5) of the Act shall be as follows: <Added on Jun. 8, 2021>

1. Matters related to notification and notification of modifications by independent production companies under Article 10-3 (1) of the Act;

2. Matters related to delayed payment of wages or contractual amounts of independent producers under Article 10-4 (1) of the Act;

3. Results of the fact-finding survey under Article 11 (3) of the Act;

4. Various statistical data related to independent production companies;

5. Records of production and provision of broadcast programs by independent production companies.

[This Article Wholly Amended on May 6, 2009]

Article 12-2(Notification of business closure and ex officio cancellation) #

(1) A person who wishes to report the closure of an independent producer under Article 11-2 (1) of the Act shall submit to the Minister of Culture, Sports and Tourism a notification of business closure (including an electronic notification) in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with the certificate of notification of the independent producer.

(2) Where the Minister of Culture, Sports and Tourism intends to cancel ex officio the matters reported by an independent producer under the proviso of Article 11-2 (2) of the Act, he or she shall confirm the business closure, such as whether the independent producer has filed a notification of business closure with the competent tax office.

(3) Where the Minister of Culture, Sports and Tourism intends to cancel any notified matters ex officio pursuant to paragraph (2), he or she shall notify the independent producer thereof in advance, and give a prior notice thereof on the website of the Ministry of Culture, Sports and Tourism for at least 20 days.

(4) Where the Minister of Culture, Sports and Tourism receives a notification of business closure under paragraph (1) or cancel the notified matters ex officio under paragraph (2), he or she shall record such fact in the register.

[Added on Apr. 17, 2012]

Article 12-3(Report on succession of business) #

(1) A person who wishes to succeed to the status of an independent producer under Article 11-3 (1) of the Act shall submit to the Minister of Culture, Sports and Tourism a report on succession to the status in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with the following documents:

1. A certificate of notification of an independent producer of a person who has transferred business, a deceased person, or a corporation that has merged with another corporation;

2. Documents to substantiate the succession of status that are classified as follows;

a. In cases of business transfer: A copy of documents substantiating the transfer and acquisition of business, and a copy of the transferor's identification card (excluding cases where the transferor and transferee jointly visit to file a notification);

b. In cases of inheritance: A document evidencing that the person is an heir, such as a certified transcript of family register or family relation register;

c. In cases of a merger of corporations: A document substantiating the merger of corporations.

(2) In cases where the Minister of Culture, Sports and Tourism receives a notification form under paragraph (1), he or she shall verify the contents of the business registration certificate of the person who has succeeded to the status of an independent producer through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, if the reporter does not consent to the verification of business registration certificate, he or she shall be required to attach relevant documents. <Amended on May 4, 2010; Apr. 23, 2024>

[This Article Added on Jun. 8, 2021]

Article 13(Establishment and support of joint logistics centers) #

The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may, in accordance with Article 12 of the Act, encourage the establishment of joint logistics centers or distribution-related associations, and provide necessary support, to promote the distribution of cultural products and the informatization of distribution.

[This Article Wholly Amended on May 6, 2009]

Article 14(Indication of international standard barcodes) #

(1) Cultural products that can display international standard barcodes in accordance with Article 12 (2) and (3) of the Act are as follows:

1. Videos, sound recordings, and games;

2. Publications and periodicals;

3. Other cultural products designated and publicly notified by the Minister of Culture, Sports and Tourism.

(2) Matters necessary for the procedures for marking and management of international standard barcodes under paragraph (1) shall be determined and publicly notified by the Minister of Culture, Sports and Tourism.

[This Article Wholly Amended on May 6, 2009]

Article 15 #

Deleted. <Jun. 8, 2021>

Article 16 #

Deleted. <Mar. 30, 2011>

Article 17 #

Deleted. <Mar. 30, 2011>

Article 18(Support for specialized distribution companies) #

The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may provide necessary support to specialized distribution companies that engage in the following business related to the distribution of cultural products, in accordance with Article 14 (1) of the Act:

1. Projects for reducing distribution stages and expanding distribution structures on a broader scale;

2. Projects for cooperation among cultural product distributors, wholesalers, and retailers.

[This Article Wholly Amended on May 6, 2009]

Article 19(Designation and labeling of exemplary cultural products) #

(1) Any person seeking designation as an exemplary cultural product under Article 15 (1) of the Act shall submit an application for designation, including a product description and samples and models, to the Minister of Culture, Sports and Tourism, the Mayor/Do Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous district; hereinafter the same shall apply); provided, where a letter of recommendation, which is issued by the head of a corporation or organization acting as an agent for the designation of exemplary cultural products under Article 15 (3) of the Act as prescribed by Decree of the Ministry of Culture, Sports and Tourism, is attached, sample products or models may be omitted. <Amended on Apr. 17, 2012; Jun. 2, 2017>

(2) The Minister of Culture, Sports and Tourism, a Mayor/Do Governor, or the head of a Si/Gun/Gu may, if necessary for designating exemplary cultural products, hear the opinions of relevant experts. <Amended on Apr. 17, 2012>

(3) When the Minister of Culture, Sports and Tourism, the Mayor/Do Governor, or the head of a Si/Gun/Gu designates exemplary cultural products, they shall publicly announce such fact in the Official Gazette, daily newspapers, or on the website. <Amended on Apr. 17, 2012>

(4) The Minister of Culture, Sports and Tourism, a Mayor/Do Governor, or the head of a Si/Gun/Gu may, to revitalize the production and distribution of exemplary cultural products, provide the following support to business entities engaged in the production and distribution of such products: <Amended on Apr. 17, 2012>

1. Support for production funds;

2. Support for securing product sales channels;

3. Preferential occupancy in cultural industry promotion facilities and cultural industrial complexes.

(5) A person who has obtained designation as an exemplary cultural product from the Minister of Culture, Sports and Tourism under Article 15 (1) of the Act may affix the label prescribed by Decree of the Ministry of Culture, Sports and Tourism; and a person who has obtained designation as an exemplary cultural product from the Mayor/Do Governor or the head of a Si/Gun/Gu may affix the label determined and publicly notified by the Mayor/Do Governor or the head of a Si/Gun/Gu, to the relevant product or its packaging, etc. <Amended on Apr. 17, 2012>

[This Article Wholly Amended on May 6, 2009]

Article 20(Promotion of purchase of cultural products) #

(1) The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may support the following projects or implement other necessary policy measures to promote the purchase of manufactured cultural products:

1. Projects to promote overseas publicity of cultural products;

2. Joint purchasing brokerage business;

3. Installation and operation of permanent sales outlets;

4. Projects to improve the order of distribution and transactions of cultural products.

(2) The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may, if deemed necessary for promoting the purchase of cultural products, recommend preferential purchase by preparing a list of cultural products and providing it to administrative agencies and public organizations.

[This Article Wholly Amended on May 6, 2009]

Article 20-2(Criteria for designation of exemplary cultural projects) #

(1) The criteria for designating exemplary cultural projects under Article 15-2 (3) of the Act are as follows:

1. Excellence in production planning;

2. Feasibility of completion of production;

3. Possibility of attracting investment or overseas co-production.

(2) The criteria for designation of exemplary cultural business operators under Article 15-2 (3) of the Act are as follows:

1. Excellence in production and development capabilities;

2. Potential for commercialization success;

3. Possibility of utilizing cultural products and cultural technology;

4. Possibility of job creation;

5. Possibility of improvement in technological level (applicable only where a cultural technology developer is designated as an exemplary cultural business operator).

(3) Where exemplary cultural projects referred to in paragraph (1) or exemplary cultural business operators referred to in paragraph (2) are designated, if cultural products or cultural technologies fall under any of the following subparagraphs, they shall be excluded from those subject to designation of exemplary cultural projects or exemplary cultural business operators: <Amended on Jul. 19, 2011>

1. If another person's intellectual property rights are infringed;

2. If it goes against good customs or harms public order.

(4) The criteria for designation under paragraphs (1) and (2) and detailed criteria for exclusion from designation under paragraph (3) shall be determined and publicly notified by the Minister of Culture, Sports and Tourism.

[This Article Added on May 6, 2009]

Article 20-3(Designation procedures for exemplary cultural projects) #

(1) Any person who seeks designation as exemplary cultural project or exemplary cultural business operator under Article 15-2 (1) of the Act shall submit an application for designation of an exemplary cultural project or exemplary cultural business operator in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, accompanied by the following documents, to the Minister of Culture, Sports and Tourism:

1. Status of enterprises;

2. Business summary and detailed business plan;

3. Implementation schedule plan and status of participating personnel;

4. Financing plan and statement of production costs;

5. Samples or other reference materials necessary for evaluation.

(2) The Minister of Culture, Sports and Tourism shall entrust the affairs of receiving designation applications under paragraph (1) to the Korea Creative Content Agency provided in Article 31 of the Act (hereinafter referred to as the "KOCCA"): <Amended on Dec. 21, 2009; Jun. 8, 2021>

1. Deleted; <Dec. 21, 2009>

2. Deleted. <Dec. 21, 2009>

(3) The Minister of Culture, Sports and Tourism may seek the opinions of relevant experts if it is necessary to designate exemplary cultural projects and exemplary cultural business operators.

(4) Where the Minister of Culture, Sports and Tourism designates an exemplary cultural project or exemplary cultural business operator, he or she shall make a public announcement through the Official Gazette, daily newspapers, or the website.

[This Article Added on May 6, 2009]

Article 20-4(Support for exemplary cultural projects) #

The Minister of Culture, Sports and Tourism may provide the following support to exemplary cultural projects and exemplary cultural business operators designated under Article 20-3 by utilizing the budget, etc.:

1. Support for research and development and commercialization funds;

2. Support for start-ups and publicity;

3. Support for resolving management-related complaints;

4. Support for marketing and export;

5. Other matters deemed necessary by the Minister of Culture, Sports and Tourism to support exemplary cultural projects or exemplary cultural business operators.

[This Article Added on May 6, 2009]

Article 20-5(Guidance and supervision of exemplary cultural projects) #

Where the Minister of Culture, Sports and Tourism deems it necessary for the sound operation of exemplary cultural projects and exemplary cultural business operators in accordance with Article 15-2 (3) of the Act, he or she may request submission of materials or a report on the following:

1. Progress of the project;

2. Details of the use of subsidies;

3. Current status of participating personnel;

4. Other matters necessary for guidance and supervision as prescribed by the Minister of Culture, Sports and Tourism.

[This Article Added on May 6, 2009]

Article 21(Development of professional personnel) #

(1) The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may designate an institution falling under any of the following subparagraphs as a training institution for professionals in the cultural industry (hereinafter referred to as a "professional training institution") in accordance with Article 16 (2) of the Act:

1. Universities and research institutes related to the cultural industry;

2. Institutions and organizations established for the purpose of promoting the cultural industry;

3. Corporations or organizations related to planning, production, development, manufacturing, and distribution of cultural products.

(2) A person who wishes to be designated as a professional training institution under paragraph (1) shall submit an application for designation containing the following information to the Minister of Culture, Sports and Tourism or the Mayor/Do Governor:

1. Performance of, and plans for, training professional personnel;

2. Matters related to the organization of training courses and instructors, etc.;

3. Matters related to the facilities and equipment necessary for training professional personnel;

4. Financing plan for operating expenses;

5. In the case of hiring interns for the purpose of training them as skilled professionals in the relevant field, the recruitment and training plan;

6. Other matters prescribed by Decree of the Ministry of Culture, Sports and Tourism.

[This Article Wholly Amended on May 6, 2009]

Article 22(Bearing of expenses) #

In accordance with Article 16 (3) of the Act, the Minister of Culture, Sports and Tourism or the head of a local government may bear all or some of the following expenses for a professional training institution:

1. Instructor fees and various allowances;

2. Expenses for training textbooks, apparatus and materials for practical training;

3. Other necessary expenses for professional training institutions.

[This Article Wholly Amended on May 6, 2009]

Article 23(Criteria and procedures for designation of value rating institutions) #

(1) In accordance with Article 16-2 (1) of the Act, an institution that may be designated by the Minister of Culture, Sports and Tourism as a value rating institution (hereinafter referred to as "evaluation institution") shall be a legal entity that meet all of the following standards: <Amended on Dec. 21, 2009>

1. It shall have specialized human resources who have experience in evaluating the excellence, technology, or business merits of cultural products and cultural technology;

2. It shall have an evaluation model and specific evaluation techniques;

3. It shall have related facilities necessary for conducting evaluation affairs;

4. Deleted; <Jan. 5, 2021>

5. It shall have an information network for the collection, management, distribution, etc. of information on evaluation;

6. If the designation is revoked under Article 16-4 of the Act, 2 years shall have passed from the date of revocation.

(2) A person who intends to be designated as an evaluation institution shall submit to the Minister of Culture, Sports and Tourism an application for designation as an evaluation institution in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with the following documents: <Amended on Jan. 5, 2021>

1. Documents proving the requirements specified in paragraph (1) 1 through 3 and subparagraph 5 of that paragraph;

2. The articles of incorporation;

3. Business plans;

4. The structure of the evaluation model and the manual explaining such structure.

(3) Where the Minister of Culture, Sports and Tourism designates an evaluation institution, he or she shall take into consideration the following matters:

1. Name of the evaluation institution and the name, address, and telephone number of the representative;

2. If it has a specialized field, such field;

3. Where conditions are attached upon designation, the details of such conditions.

(4) The Minister of Culture, Sports and Tourism shall determine and publicly notify detailed standards for the criteria specified in each subparagraph of paragraph (1).

[This Article Added on May 6, 2009]

Article 23-2(Application for value assessment) #

A person who intends to receive a value rating under Article 16-2 (2) of the Act shall submit to the head of an evaluation institution designated under Article 23 an application for value rating in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, accompanied by the following documents:

1. Documents describing the contents of cultural products and cultural technologies;

2. Certificates of copyright, patent, etc. (applicable only where registration has been made);

3. Documents describing the differences between cultural products or cultural technologies of the same or similar type;

4. Documents describing the application fields or application cases of cultural products or cultural technologies;

5. Documents describing the economic feasibility of cultural products and cultural technologies;

6. Other documents deemed necessary for evaluation, as determined and publicly notified by the Minister of Culture, Sports and Tourism.

[This Article Added on May 6, 2009]

Article 23-3(Exceptions to notification of value rating information) #

In Article 16-2 (4) of the Act, "cases where there are special cases prescribed by Presidential Decree, such as maintenance of confidentiality of business or trade secrets" means any of the following cases:

1. Where it is deemed that there is a risk of serious damage to national security, economy, or related industries if valuation information is leaked overseas;

2. Where it is deemed that the notification of value rating information to the Minister of Culture, Sports and Tourism may result in the disclosure of business confidentiality or trade secrets of the person seeking the value rating, thereby significantly harming the legitimate interests of the person seeking value rating.

[This Article Added on May 6, 2009]

Article 23-4(Evaluation fees) #

The head of an evaluation institution may, in any of the following cases where it is deemed necessary to reduce or exempt the evaluation fees, reduce or exempt the evaluation fees in consultation with the Minister of Culture, Sports and Tourism pursuant to Article 16-2 (5) 3 of the Act:

1. In cases where the person liable for the evaluation fees is a micro enterprise as defined in Article 2 of the Framework Act on Micro Enterprises or a small or medium enterprise as defined in Article 2 of the Framework Act on Small and Medium Enterprises, and it is for the purpose of alleviating the economic burden on the liable person;

2. In cases where it is necessary for the promotion of value rating of cultural products and cultural technologies, etc.

[This Article Added on Sep. 3, 2024]

[Former Article 23-4 moved to Article 23-5 <Sep. 3, 2024>]

Article 23-5(Matters concerning cost support for evaluation institution) #

"Matters prescribed by Presidential Decree" in Article 16-3 (1) 4 of the Act means the following business projects:

1. Survey and analysis of demand for value rating;

2. A project for sharing and disseminating information related to value rating;

3. Establishment and operation of a database on value rating information;

4. Other projects that the Minister of Culture, Sports and Tourism deems necessary to establish a basis for value rating.

[This Article Added on May 6, 2009]

[Moved from Article 23-4 <Sep. 3, 2024>]

Article 24(Scope of research and development projects eligible for support) #

(1) Research and development under the jurisdiction of the Ministry of Culture, Sports and Tourism (hereinafter referred to as "research and development project") that the Minister of Culture, Sports and Tourism may support or contribute to under Article 17 (1) of the Act shall be a project conducted by a manufacturer or technology developer of products or services in the field of culture, sports and tourism (limited to a research and development institution defined in subparagraph 3 of Article 2 of the National Research and Development Innovation Act, hereinafter referred to as "research and development institution"), which falls under any of the following subparagraphs:

1. Projects related to the development of technology related to the cultural industry (hereafter referred to as "technology" in this Article);

2. Projects for survey on the level of technology and for research on technology;

3. Projects related to the evaluation, transfer, and utilization of developed technology;

4. Projects for technology cooperation, technical guidance, and smooth dissemination of technical information;

5. Other research and development projects deemed necessary for the promotion of the cultural industry by the Minister of Culture, Sports and Tourism.

(2) Affairs related to research and development projects performed by a specialized institution under Article 17 (2) of the Act (hereinafter referred to as "specialized institution") shall be as follows:

1. Execution of budgets necessary for the formulation and implementation of policies to facilitate research and development projects;

2. Duties of the Minister of Culture, Sports and Tourism under Articles 9 through 19, 21, 31 (3), 33 (1), and 34 (2) of the National Research and Development Innovation Act.

(3) Methods and procedures for selecting the research and development institutes shall be governed by Article 10 of the National Research and Development Innovation Act.

[This Article Wholly Amended on Jun. 8, 2021]

Article 25(Collection of royalties) #

Matters related to the subjects, amounts, and methods of collecting royalties under Article 17-2 (1) of the Act shall be governed Article 18 of the National Research and Development Innovation Act.

[This Article Wholly Amended on Jun. 8, 2021]

Article 25-2 #

Deleted. <Jun. 8, 2021>

Article 25-3 #

Deleted. <Jun. 8, 2021>

Article 26(Standards for personnel and facilities of corporate-affiliated creative research institutes) #

(1) The standards for personnel, facilities, and other requirements to be satisfied in order to be recognized as a corporate-affiliated creative research institute under Article 17-3 (1) of the Act shall be as follows: <Amended on Jun. 8, 2021; Jul. 2, 2024>

1. It shall employ dedicated creative staff members classified as follows:

a. Corporate-affiliated creative research institutes established by venture business entities under Article 2 (1) of the Special Act on the Promotion of Venture Businesses: At least 3 persons;

b. Corporate-affiliated creative research institutes established by small and medium-sized enterprises under Article 2 (1) of the Framework Act on Small and Medium Enterprises (excluding cases established by venture enterprises as specified in item a): At least 5 persons;

c. Corporate-affiliated creative research institutes other than the research institutes specified in items a and b: At least 10 persons; provided, in the case of corporate-affiliated creative research institutes located overseas, it shall be at least 5 persons;

2. It shall have independent creative facilities.

(2) The standards for personnel, facilities, and other requirements to be satisfied in order to be recognized as a corporate creative department under Article 17-3 (1) of the Act shall be as follows:

1. Creative work in the field of cultural industry shall be the main tasks of the relevant department;

2. It shall employ at least 1 creative staff member.

(3) The creative staff members under paragraphs (1) and (2) shall be individuals with a bachelor's degree or higher as defined in Article 35 of the Higher Education Act (including individuals recognized as having an equivalent or higher level of education as defined in the statutes and regulations) or individuals with technical qualifications equivalent to or higher than the title of engineer in the technical or functional field as defined in the National Technical Qualifications Act. <Amended on Aug. 16, 2017>

(4) Notwithstanding paragraph (3), a creative staff member at a small or medium-sized enterprise's corporate-affiliated creative research institute or corporate creative department (hereinafter referred to as "creative research institutes, etc.") may be a person who falls under any of the following subparagraphs: <Amended on Jun. 8, 2021>

1. A person who has graduated from a junior college as defined in subparagraph 4 of Article 2 of the Higher Education Act (including cases where the person is recognized as having an equivalent or higher level of academic qualifications as defined in other statutes or regulations) and has worked in the field of cultural industry for at least 2 years;

2. A person who has graduated from a high school or high technical school as defined in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act (including cases where the person is recognized as having an equivalent or higher level of education under other statutes or regulations) and has worked in the field of cultural industry for at least 4 years.

[This Article Added on May 6, 2009]

Article 27(Procedures for recognition of corporate affiliated creative research institutes) #

(1) A person who wishes to be recognized as a corporate-affiliated creative research institute under Article 17-3 (1) of the Act shall submit to the Minister of Culture, Sports and Tourism an application for recognition as a corporate-affiliated creative research institute in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with the following documents: <Amended on Jul. 2, 2024>

1. Outline of creative projects;

2. Documents proving the organization and staff status of the research institute and the qualifications of the creative staff;

3. Specifications of creative facilities;

4. Documents for confirmation under Article 25 of the Special Act on the Promotion of Venture Businesses (only applicable to corporate-affiliated creative research institutes established by venture business entities);

5. Documents attesting that the enterprise is a small or medium-sized enterprise as defined in Article 2 of the Framework Act on Small and Medium Enterprises (only applicable to corporate-affiliated creative research institutes established by small or medium-sized enterprises);

6. Documents attesting that the corporate-affiliated creative research institute is located overseas (applicable only where it is located overseas);

7. Other documents that the Minister of Culture, Sports and Tourism determines as necessary for the recognition of a corporate-affiliated creative research institute.

(2) A person who intends to be recognized as a corporate creative department under Article 17-3 (1) of the Act shall submit an application for recognition as a corporate creative department in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, attached with the following documents, to the Minister of Culture, Sports and Tourism:

1. Outline of creative projects;

2. Documents certifying the status of employees in the corporate creative department and the qualifications of creative staff;

3. Specifications of creative facilities;

4. Company organization chart;

5. Copy of the business registration certificate;

6. Other documents that the Minister of Culture, Sports and Tourism determines as necessary for recognition of the corporate creative department.

(3) When the Minister of Culture, Sports and Tourism recognizes a corporate-affiliated research institute and a corporate creative department, he or she shall issue the certificate of recognition of a corporate-affiliated research institute and the certificate of recognition of a corporate creative department in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism.

[This Article Added on May 6, 2009]

Article 27-2(Reporting on organization and operation of cultural technology research and development) #

The supervising institute for the research of cultural technology under Article 17-5 (1) of the Act (hereinafter referred to as the "supervising institute for the research of cultural technology") shall report, in advance, to the Minister of Culture, Sports and Tourism on its organization and operation, etc. for conducting research and development regarding convergence technologies in the cultural industry.

[Added on Apr. 17, 2012]

Article 27-3(Approval of business plans) #

(1) The supervising institution for research on cultural technology shall submit a business plan and a budget bill for the project under Article 17-5 (2) of the Act (hereinafter referred to as "cultural technology research and development project"), which separately indicates the objectives, policies, the details of major projects, and necessary budget for the following year, before the start of the fiscal year, to the Minister of Culture, Sports and Tourism for approval.

(2) Where the supervising institution for research on cultural technology intends to modify a business plan for the cultural technology research and development project, such as the details of major projects under paragraph (1), it shall obtain approval from the Minister of Culture, Sports and Tourism.

[Added on Apr. 17, 2012]

Article 28(Support for entry into overseas markets) #

In accordance with Article 20 (2) of the Act, the institutions or organizations that may be entrusted with, or commissioned to carry out, projects such as joint productions with foreign entities, overseas marketing and promotional activities through broadcasting and the Internet, attraction of foreign investment, participation in and hosting of international film festivals and trade fairs, and establishment of cooperative systems related to export, shall be as follows:

1. The Korea Creative Content Agency;

2. The Korean Film Council under the Act on the Promotion of the Motion Pictures and Video Products Act;

3. The museum association or art gallery association under the Museum and Art Gallery Promotion Act;

4. The Korea Tourism Organization under the Korea Tourism Organization Act;

5. Korea Trade-Investment Promotion Agency under the Korea Trade-Investment Promotion Agency Act;

6. Other institutions or organizations established for the purpose of promoting cultural industries, as prescribed by Decree of the Ministry of Culture, Sports and Tourism.

[This Article Wholly Amended on May 6, 2009]

Article 29(Designation of cultural industry promotion facilities) #

(1) Any person who intends to be designated as a facility for promoting the cultural industry (hereinafter referred to as "promotion facility") under Article 21 (2) of the Act shall submit a written application for designation to the Minister of Culture, Sports and Tourism, along with documents proving that he or she meets requirements for designation under paragraph (2).

(2) The designation requirements for promotional facilities under Article 21 (4) of the Act are as follows:

1. A number of cultural industry-related business entities not less than the number prescribed by Decree of the Ministry of Culture, Sports and Tourism shall move into the premises;

2. The ratio of small and medium entrepreneurs defined in Article 2 of the Framework Act on Small and Medium Enterprises, among all business entities related to cultural industries that have moved in, shall be at least 30%;

3. The area occupied by the business establishments and support facilities of the business entities related to the cultural industry shall be at least 50 percent of the total area of the promotion facilities;

4. It shall establish common-use facilities necessary for the cultural industry-related business, such as public conference rooms and public equipment rooms.

(3) When the Minister of Culture, Sports and Tourism designates a promotion facility under Article 21 of the Act, he or she shall give public announcement thereof.

(4) Except as otherwise provided for in this Decree, matters necessary for the designation, management, etc. of promotion facilities shall be determined and publicly notified by the Minister of Culture, Sports and Tourism.

[This Article Wholly Amended on May 6, 2009]

Article 30(Support for promotional facilities) #

The Minister of Culture, Sports and Tourism may provide the following support to facilitate the smooth establishment and development of promotional facilities under Article 21 of the Act.

1. Financial support necessary for the creation and operation of promotional facilities;

2. Support for the installation and operation of joint support facilities, such as joint production facilities, necessary for cultural industry-related projects;

3. Other necessary support for the creation of promotional facilities.

[This Article Wholly Amended on May 6, 2009]

Article 31(Revocation of designation of promotional facilities) #

The Minister of Culture, Sports and Tourism, when intending to revoke the designation of promotion facilities under Article 22 of the Act, shall hear in advance the opinion of the competent Mayor/Do Governor, and when the designation is revoked, shall publicly announce such revocation.

[This Article Wholly Amended on May 6, 2009]

Article 32(Formulation of plans for forming cultural industrial complex) #

(1) The cultural industry complex development plan under Article 25 (1) of the Act shall include the matters specified in each subparagraph of Article 6 (5) of the Industrial Sites and Development Act and the following matters:

1. Matters related to the basic direction and standards for the creation of a cultural industrial complex;

2. Matters related to the cultural industry infrastructure to be located in the cultural industry complex;

3. Matters related to cultural product development and manufacturing facilities, etc.;

4. Matters related to facilities occupied by human resource training institutions, universities, research institutes, or companies;

5. Other matters necessary to foster and support the cultural industry complex.

(2) In establishing a plan for the creation of a cultural industry complex, the Minister of Culture, Sports and Tourism may formulate a plan to create a cultural industry complex by designating a region where cultural industry promotion facilities are clustered as a cultural industry complex, or by linking cultural industry promotion facilities located in two or more regions within the same Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province.

[This Article Wholly Amended on May 6, 2009]

Article 33(Formation of cultural industry complex by local governments) #

(1) The head of a local government who intends to apply for the development of a cultural industry complex under Article 25 (2) of the Act shall submit to the Minister of Culture, Sports and Tourism a complex development plan that includes the matters specified in each subparagraph of Article 6 (5) of the Industrial Sites and Development Act and the matters specified in each subparagraph of Article 32 (1) of this Decree, along with the application form.

(2) The Minister of Culture, Sports and Tourism in receipt of the application form under paragraph (1) may request the Minister of Land, Infrastructure and Transport to designate a cultural industrial complex, if deemed necessary after examining the following matters: <Amended on Mar. 23, 2013>

1. Balanced distribution of cultural industrial complexes across regions;

2. Comparison of the characteristics and functions of existing cultural industrial complexes and whether there is overlapping investment;

3. Contribution to industrial linkage effects of the region and development of the regional economy;

4. Financing plans for the development of cultural industry complexes.

[This Article Wholly Amended on May 6, 2009]

Article 33-2(Requirements for designation of cultural industry promotion zones) #

(1) A cultural industry promotion zone under Article 28-2 (1) of the Act (hereinafter referred to as "promotion zone") shall meet all of the following requirements:

1. Facilities related to the planning, production, development, manufacture, and distribution of cultural products shall be concentrated in the prearranged area for the promotion zone or in its neighboring areas;

2. The prearranged area for the promotion zone or its neighboring areas shall have infrastructure for fostering the cultural industry, such as transportation, communications, and finance;

3. The prearranged area for the promotion zone or its neighboring areas shall have educational institutions and research facilities related to the cultural industry.

(2) The plan for developing a cultural industry promotion zone established under Article 28-2 (2) of the Act shall include the following matters:

1. Name of the promotion zone;

2. Location and area;

3. Purpose of designation;

4. Key infrastructure and environment related to the promotion of cultural industry;

5. Future support and development plans.

(3) In cases where a promotion zone is designated, changed, or revoked under Article 28-2 of the Act, such fact shall be publicly announced within 1 month from the date of designation, modification, or revocation, and the public announcement shall include the following matters:

1. Name of the promotion zone;

2. Location and area;

3. Overview of the development plan (only applicable to designation);

4. Summary of modifications (only applicable to modifications);

5. Outline of details of revocation (only applicable to revocation);

[This Article Wholly Amended on May 6, 2009]

Article 33-3 #

Deleted. <Dec. 21, 2009>

Article 33-4(Scope of fact-finding surveys) #

The subjects of fact-finding surveys to compile statistics on the cultural industry under Article 30-3 of the Act shall be as follows:

1. Market conditions of the cultural industry;

2. Matters related to export and import of the cultural industry;

3. Matters related to the current status of human resources and their supply and demand related to the cultural industry;

4. Matters related to international trends on the cultural industry;

5. Other matters necessary for the formulation and implementation of policies related to the cultural industry, as prescribed by Decree of the Ministry of Culture, Sports and Tourism.

[This Article Wholly Amended on May 6, 2009]

Article 34 #

Deleted. <Dec. 21, 2009>

Article 35 #

Deleted. <Dec. 21, 2009>

Article 36 #

Deleted. <Dec. 21, 2009>

Article 37 #

Deleted. <Dec. 21, 2009>

Article 38 #

Deleted. <Dec. 21, 2009>

Article 39 #

Deleted. <Dec. 21, 2009>

Article 40 #

Deleted. <Oct. 26, 2006>

Article 40-2 #

Deleted. <Oct. 26, 2006>

Article 41 #

Deleted. <Oct. 26, 2006>

Article 42 #

Deleted. <Oct. 26, 2006>

Article 43 #

Deleted. <Oct. 26, 2006>

Article 44 #

Deleted. <Oct. 26, 2006>

Article 45 #

Deleted. <Oct. 26, 2006>

Article 46 #

Deleted. <Oct. 26, 2006>

Article 46-2(Registration) #

(1) A person who intends to register a specialized company in the cultural industry under Article 52 (1) of the Act (including a person who intends to register modifications under paragraph (3) of that Article; hereafter the same shall apply in this Article) shall submit a written application for registration containing all of the following matters to the Minister of Culture, Sports and Tourism: <Amended on Dec. 30, 2015>

1. Company name;

2. Company type;

3. Location of the head office;

4. Name, date of birth, and address of the representative;

5. Name, date of birth, and address of executive directors and auditors;

6. The business objectives stipulated in the articles of incorporation;

7. Capital;

8. The name of the project manager and its principal office;

9. Name of the asset manager and its principal office.

(2) The written application for registration under paragraph (1) shall be accompanied by the following documents, and where a person intends to file for modifications of registration, only documents attesting to the relevant changes shall be attached:

1. The articles of incorporation;

2. Business plans;

3. Documents evidencing the payment of capital;

4. Outline of business managers and asset managers;

5. A copy of the business entrustment contract concluded with the project manager;

6. A copy of the asset management contract concluded with the asset manager.

(3) The Minister of Culture, Sports and Tourism, who has received an application for registration under paragraph (1), shall verify the particulars of the certified copy of the corporate register of the specialized company in the cultural industry through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010>

(4) The Minister of Culture, Sports and Tourism in receipt of an application for registration under paragraphs (1) and (2) shall verify whether such application meets the requirements for registration provided in the subparagraphs of Article 52 (2) of the Act within 15 days from the date of receipt of the application, and shall issue the certificate of registration if the Minister recognizes that the application meets the requirements for registration, and record such fact in the register of specialized companies in the cultural industry.

(5) Where a person who has been issued a certificate of registration under paragraph (4) files an application for re-issuance of the certificate of registration due to its loss, wear-out, etc., the Minister of Culture, Sports and Tourism shall re-issue it, as prescribed by Decree of the Ministry of Culture, Sports and Tourism.

[This Article Wholly Amended on May 6, 2009]

Article 46-3(Supervision) #

"Measures prescribed by Presidential Decree" in Article 55 (4) 3 of the Act means any of the following measures:

1. Request for amendment to the articles of incorporation of the relevant specialized company in the cultural industry;

2. Request for modifications in the consignment contract between the relevant cultural industry-specialized company and the business manager, or the relevant cultural industry-specialized company and the asset manager;

3. Request for correction of other violations.

[This Article Wholly Amended on May 6, 2009]

Article 46-4(Entrustment of business affairs) #

The Minister of Culture, Sports and Tourism shall entrust the following business affairs to the Korea Creative Content Agency in accordance with Article 58 of the Act:

1. Verification of matters requested by the Minister of Culture, Sports and Tourism for investigation under Article 10-4 (2) of the Act;

2. Fact-finding survey under Article 11 (3) of the Act;

3. Establishment and operation of a comprehensive information system under Article 11 (5) of the Act;

4. Registration, and registration of modifications, of specialized companies in the cultural industry under Article 52 of the Act;

5. Re-issuance of a certificate of registration under Article 46-2 (5).

[This Article Wholly Amended on Jun. 8, 2021]

Article 46-5(Processing of personally identifiable information) #

The Minister of Culture, Sports and Tourism (including a person entrusted with the business affairs of the Minister of Culture, Sports and Tourism under Article 46-4) may process data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following business affairs:

1. Affairs related to investigation under Article 10-4 (2) of the Act;

2. Affairs related to the use of information on wage arrears under Article 10-4 (3) of the Act;

3. Affairs related to business succession under Article 11-3 of the Act.

[This Article Added on Jun. 8, 2021]

[(previous) Article 46-5 moved to Article 46-7 <Jun. 8, 2021>]

Article 46-6(Detailed standards for administrative dispositions) #

The detailed standards for administrative dispositions under Article 58-2 (1) of the Act are as per Appendix 1.

[This Article Added on Jun. 8, 2021]

Article 46-7(Re-examination of regulation) #

The Minister of Culture, Sports and Tourism shall examine the appropriateness of the criteria for imposing administrative fines under Article 47 and Appendix 2 every 3 years, counting from January 1, 2017 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements. <Amended on Jun. 8, 2021>

[This Article Wholly Amended on Dec. 30, 2016]

[Moved from Article 46-5 <Jun. 8, 2021>]

Article 47(Criteria for imposition of administrative fines) #

The criteria for imposing administrative fines under Article 59 (1) and (2) of the Act shall be as specified in Appendix 2. <Amended on Sep. 1, 2011; Jun. 8, 2021>

[This Article Wholly Amended on Mar. 30, 2011]