CONTENT INDUSTRY PROMOTION ACT

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CONTENT INDUSTRY PROMOTION ACT — 법갈피

Article 7(Content Industry Promotion Committee) #

(1) The Government shall establish the Content Industry Promotion Committee (hereinafter referred to as the "Committee") under the authority of the Prime Minister in order to deliberate on the following matters concerning the promotion of content industry:

1. Matters concerning the formulation and promotion of a master plan and implementation plans;

2. Matters concerning the general management and coordination of policies on the promotion of content industry;

3. Development of and advice on policies on the promotion of content industry;

4. Matters concerning the specialization of the content industry by area;

5. Matters concerning the coordination of overlapping regulations;

6. Other matters recognized by the Chairperson as necessary for the promotion of content industry.

(2) The Committee shall consist of up to 20 members including one Chairperson.

(3) The Prime Minister shall become the Chairperson of the Committee and the following persons shall become its members: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019>

1. The Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of SMEs and Startups, the Chairperson of the Korea Communications Commission, and the Chairperson of the Fair Trade Commission;

2. Persons entrusted by the Chairperson from among persons who have sufficient expert knowledge and experience in content industry.

(4) The term of office of the members under paragraph (3) 2 shall be three years and they may be re-entrusted only once.

(5) The Committee shall have one executive secretary, and the post shall be filled by the Minister of Culture, Sports and Tourism.

(6) Except matters provided in paragraphs (1) through (5), other necessary matters concerning the composition and operation of the Committee shall be prescribed by Presidential Decree.

Article 21(Promotion of projects to certify content transactions) #

(1) In order to secure transparency, impartiality and efficiency in the transactions of digital content and to facilitate the distribution of excellent content, the Government may implement a content transaction certification project by keeping data on the transactions of content and by screening and verifying the fact of transactions. <Amended on Mar. 23, 2013>

(2) The Minister of Science and ICT may designate an institution implementing a content transaction certification project (hereinafter referred to as "certification institution") among corporations meeting the requirements for specialists, financial capabilities, facilities, equipment, and other necessary matters after consultation with the Minister of Culture, Sports and Tourism; and shall publicly notify such designation. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(3) A certification institution shall prepare a certification manual including the following matters before providing certification services and report such manual to the Minister of Science and ICT. In such cases, the Minister of Science and ICT shall notify the Minister of Culture, Sports and Tourism of the details of the report: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 12, 2018>

1. Types of certification services;

2. Methods and procedures for providing certification services;

3. Terms and conditions and fees for certification services;

4. Other matters prescribed by Decree of the Ministry of Science and ICT to be necessary for certification services.

(4) Where any of the following is applicable to a certification institution, the Minister of Science and ICT may revoke the designation or order it to suspend duties for a specified period not exceeding six months after consultation with the Minister of Culture, Sports and Tourism; provided, where subparagraph 1 is applicable, he or she shall revoke the designation: <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. Where it has been designated as a certification institution by fraud or other improper means;

2. Where it fails to provide certification services continuously for one year or more without good cause;

3. Where it fails to meet the requirements for designation under paragraph (2);

4. Where it provides certification services, in violation of the certification manual under paragraph (3).

(5) Where necessary for a content transaction certification project, the Government may render administrative and financial support to content business operators, certification institutions, etc. <Amended on Mar. 23, 2013>

(6) Where a certification institution implements a content transaction certification project, it shall not provide or divulge transaction information of content business operators and personal information of users to other persons, or use them for a purpose other than the original purpose.

(7) Except as provided in paragraphs (1) through (6), matters necessary for a content transaction certification project shall be prescribed by Presidential Decree.

Article 22(Certification of quality of content services) #

(1) In order to facilitate the distribution of content, the Government may implement a project to certify the quality of content services that enable users to easily purchase and use content in accordance with the operational standards prescribed by Presidential Decree (hereinafter referred to as "content services"). <Amended on Mar. 23, 2013>

(2) The Minister of Science and ICT may designate an institution that certifies the quality of content services (hereinafter referred to as "content service quality certification institution") after consultation with the Minister of Culture, Sports and Tourism in order to implement the projects under paragraph (1) more efficiently. Matters necessary for the standards, procedures, etc. for the designation of content service quality certification institutions shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 12, 2018>

(3) Where any of the following is applicable to a content service quality certification institution, the Minister of Science and ICT may revoke the designation or order it to suspend duties for a specified period not exceeding six months after consultation with the Minister of Culture, Sports and Tourism; provided, where subparagraph 1 is applicable, he or she shall revoke the designation: <Amended on Mar. 23, 2013; Jul. 26, 2017>

1. Where it has been designated as a content service quality certification institution by fraud or other improper means;

2. Where it fails to certify the quality of content services continuously for one year or more without good cause;

3. Where it certifies the quality of content services in violation of the operational standards for content service quality certification under paragraph (1);

4. Where it fails to meet the standards for designation prescribed in paragraph (2).

(4) The Government may render administrative and financial support necessary for content service quality certification institutions, within its budgetary limits. <Amended on Mar. 23, 2013>

(5) Except as provided in paragraphs (1) through (4), matters necessary for a content service quality certification project, such as the objects of quality certification and standards therefor, operational standards for quality certification projects, etc. shall be prescribed by Presidential Decree.

Article 30(Mediation of disputes) #

(1) A person who seeks to remedy damage involving content services or the use of content and to address disputes may apply for mediation of disputes to the mediation committee; provided, this shall not apply where an application for mediation of disputes is filed pursuant to other statutes or mediation of disputes is completed.

(2) The mediation committee shall prepare a mediation plan within 60 days from the date it receives an application for mediation under paragraph (1), and recommend it to the applicant; provided, where it intends to extend the period due to unavoidable circumstances, it shall specify the reasons and period and notify the parties to the dispute thereof.

(3) An application for dispute mediation under paragraph (1) and a request or application for collective dispute mediation under Article 33-4 (1) and (3) has the effect of interruption of prescription; provided, this shall not apply if the application or the request is withdrawn or if the mediation is refused or discontinued under Article 34, the same shall not apply. <Added on Oct. 16, 2018; Jan. 31, 2025>

(4) The prescription interrupted under the main clause of paragraph (3) shall resume running when any of the following cases occurs: <Added on Oct. 16, 2018; Jan. 31, 2025>

1. Where a mediation protocol under Article 33 or a decision on mediation ex officio under Article 33-3 becomes a judicial compromise;

2. Where an objection is raised against a decision on mediation ex officio under Article 33-3;

3. Other cases where the procedure is terminated without mediation.

(5) When judiciary requests, participation in bankruptcy procedures, seizure or provisional seizure, or temporary injunction are made within six months from the date when any of the cases referred to in the proviso of paragraph (3) occurs, the prescription shall be deemed interrupted upon an initial application for dispute mediation or a request or application for collective dispute mediation under Article 33-4 (1) and (3). <Added on Oct. 16, 2018; Jan. 31, 2025>

(6) Other matters necessary for the methods of dispute mediation involving content, procedures of mediation, handling of mediation duties, etc. shall be determined by the mediation committee. <Amended on Oct. 16, 2018>

Article 33-4(Special cases concerning dispute mediation) #

(1) Notwithstanding Article 30 (1), the State, a local government, the Korea Creative Content Agency under Article 31 of the Framework Act on the Promotion of Cultural Industries, users, or content business operators may request or apply for collective dispute mediation (hereinafter referred to as "collective dispute mediation") to the mediation committee in cases prescribed by the Presidential Decree in which the same or similar type of damage occur to a large number of users.

(2) The mediation committee that receives a request or application for collective dispute mediation under paragraph (1) shall, by resolution of the mediation committee, commence the proceedings for collective dispute mediation under paragraphs (3) through (7) within 60 days from the date of the request or application, except for cases falling under any of the following subparagraphs; in this case, the mediation committee shall publicly announce the commencement of the proceedings for the period prescribed by Presidential Decree:

1. An incident that does not meet the requirements under paragraph (1);

2. A case for which an existing collective dispute mediation decision is made and it is deemed unnecessary to repeat the resolution for commencing the dispute;

3. A case in which the content of an application filed by the applicant are clearly deemed groundless.

(3) The mediation committee may receive an application from a user or content business operator that is not a party to the collective dispute mediation additionally included as a party to the mediation of the dispute.

(4) The mediation committee may, by resolution of the mediation committee, appoint one or several persons most appropriate to represent the common interests of the parties to the collective dispute mediation under paragraphs (1) and (3) as the representative party.

(5) Where a content business operator accepts the collective dispute mediation by the mediation committee, the Mediation Committee may recommend that the content business operator prepare and submit a compensation plan to the mediation committee for users who are not parties to the collective dispute mediation and who have suffered damage.

(6) Where some of the users who are parties to the collective dispute mediation have filed a lawsuit with the court, the mediation committee shall not suspend the proceedings, and exclude the users who have filed the lawsuit from the proceedings.

(7) Collective dispute mediation shall be concluded within 30 days from the day following the date on which the public announcement under paragraph (2) is completed; provided, if the collective dispute mediation cannot be completed within the period for good cause, the mediation committee may extend the period up to 30 days each on two occasions by resolution, and in this case, the reasons and deadlines shall be specified and notified to the parties and their representatives.

Matters necessary for the procedures, etc. of the collective dispute mediation shall be prescribed by the Presidential Decree.

[This Article Added on Jan. 31, 2025]

CONTENT INDUSTRY PROMOTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Fundamental concepts) #

Article 3-2(Responsibilities of the State and local governments) #

Article 4(Relationship to other statutes) #

Article 5(Master plans) #

Article 6(Implementation plans) #

Article 7(Content Industry Promotion Committee) #

Article 8(Securing financial resources) #

Article 9(Facilitation of content production) #

Article 10(Protection of intellectual property rights) #

Article 11(Facilitation of use of public information) #

Article 12(Facilitation of fusion of content) #

Article 13(Facilitation of establishment of business) #

Article 14(Training of specialists) #

Article 15(Facilitation of technological development) #

Article 16(Promotion of standardization) #

Article 17(Support for international cooperation and overseas expansion) #

Article 18(Support with taxation) #

Article 19(Special support for small and medium content business operators) #

Article 20(Establishment of association) #

Article 20-2(Establishment of Korea Content Financial Cooperative) #

Article 20-3(Business of the Financial Cooperative) #

Article 20-4(Creation of endowments) #

Article 20-5(Mutual aid regulations) #

Article 20-6(Accumulation of loss compensation reserve funds) #

Article 20-7(Responsibilities of the financial cooperative) #

Article 20-8(Transfer of equity shares) #

Article 20-9(Acquisition of equity shares in financial cooperative) #

Article 20-10(Appointment of agent) #

Article 20-11(Liability for damages) #

Article 20-12(Handling of profits) #

Article 21(Promotion of projects to certify content transactions) #

Article 22(Certification of quality of content services) #

Article 23(System of identifying content) #

Article 24(Creation of impartial distribution environment) #

Article 25(Use and spread of standard contracts) #

Article 26(User protection policies) #

Article 26-2(Special support for guarantee of right to access content for persons with disabilities) #

Article 27(Withdrawal of subscription) #

Article 28(Formulation of user protection guidelines) #

Article 29(Establishment of dispute mediation committee) #

Article 29-2(Composition of dispute mediation committee) #

Article 29-3(Guarantee of status for members) #

Article 29-4(Mediation panel) #

Article 30(Mediation of disputes) #

Article 31(Challenge, exclusion, and recusal of members) #

Article 32(Request for data) #

Article 33(Effect of mediation) #

Article 33-2(Recommendation for settlement) #

Article 33-3(Ex officio mediation decision) #

Article 33-4(Special cases concerning dispute mediation) #

Article 34(Refusal and discontinuance of mediation) #

Article 35(Mediation expenses) #

Article 36(Maintenance of confidentiality) #

Article 37(Prohibited acts) #

Article 38(Request for compensation for damage) #

Article 39(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 40(Penalty provisions) #

Article 41(Penalty provisions) #

Article 42(Joint penalty provisions) #