ENFORCEMENT DECREE OF THE PUBLISHING INDUSTRY PROMOTION ACT

Article 1(Purpose) #

The purpose of this Decree is to provide for the matters delegated by the Publishing Industry Promotion Act and matters necessary for its enforcement.

[This Article Wholly Amended on Oct. 7, 2009]

Article 2 #

Deleted. <Dec. 28, 2007>

Article 3(Records of publications) #

"Records prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Publishing Industry Promotion Act (hereinafter referred to as the "Act") means the following: <Amended on Mar. 30, 2011; Dec. 6, 2022>

1. Publishing company;

2. ISBN/ISSN (International Standard Book Number/International Standard Serial Number) under Article 23 of the Libraries Act; provided, in cases of electronic publications, it may be substituted by the content identification system under Article 23 of the Content Industry Promotion Act.

[This Article Wholly Amended on Oct. 7, 2009]

Article 4(Support for international exchanges) #

(1) The activities eligible for support for activation of international exchanges under Article 6 of the Act shall be as follows:

1. Opening of and participation in international exhibitions related to domestic and foreign publishing;

2. International meetings or events related to publishing;

3. Overseas marketing of publications;

4. Publishing foreign-language versions of domestic publications;

5. Other promotions of international exchanges of publishing culture.

(2) For the projects eligible for support under paragraph (1), the Minister of Culture, Sports and Tourism may provide subsidies to help cover all or part of the costs incurred in carrying out such projects within budget limits.

(3) Where necessary for selecting those eligible for support under paragraph (1), the Minister of Culture, Sports and Tourism may hear from related specialists.

[This Article Wholly Amended on Oct. 7, 2009]

Article 5(Indication of ISBN/ISSN) #

The provisions of Article 20(3) of the Enforcement Decree of the Library Act shall govern the detailed matters related to methods, etc. of indicating ISBN/ISSN under Article 7(2) of the Act. <Amended on Dec. 6, 2022>

[This Article Wholly Amended on Oct. 7, 2009]

Article 6(Support for modernization of facilities and distribution) #

(1) Projects eligible for support for modernizing facilities and distribution of the publishing company under Article 7(3) of the Act shall be as follows:

1. Project related to the informatization of distribution of publications;

2. Project to improve the facilities related to the logistics of publications;

3. Project related to the improvement of logistics functions of book stores;

4. Other projects to lay the foundation for the publishing and distribution of publications.

(2) For the projects eligible for support under paragraph (1), the Minister of Culture, Sports and Tourism may provide subsidies to help cover all or part of the costs incurred in carrying out such projects within budget limits.

(3) Where necessary for selecting those eligible for support under paragraph (1), the Minister of Culture, Sports and Tourism may hear from related specialists.

[This Article Wholly Amended on Oct. 7, 2009]

Article 7(Methods of fact-finding surveys) #

(1) A fact-finding survey under Article 7-2(2) of the Act (hereinafter referred to as "fact-finding survey") shall include the following:

1. Matters related to the status of local bookstores (hereinafter referred to as "local bookstores") under Article 7-2(1) of the Act;

2. Matters related to the actual status of business of local bookstores;

3. Any other matters deemed necessary by the Minister of Culture, Sports and Tourism to be investigated in order to understand the actual status of local bookstores.

(2) The Minister of Culture, Sports and Tourism shall conduct a fact-finding survey every 2 years.

(3) The Minister of Culture, Sports and Tourism may request cooperation, such as provision of data, from the heads of local governments and organizations related to bookstores, if necessary to conduct fact-finding surveys.

(4) The Minister of Culture, Sports and Tourism may use an electronic means, such as the information and telecommunications networks or electronic mail, in order to conduct fact-finding surveys efficiently.

[This Article Added on Feb. 8, 2022]

Article 8 #

Deleted. <Jun. 19, 2012>

Article 9 #

Deleted. <Jun. 19, 2012>

Article 10(Chairperson of Publication Ethics Commission) #

(1) The chairperson of the Publication Ethics Commission under Article 17 of the Act (hereinafter referred to as the "Commission") shall represent the Commission and exercise overall control over its affairs. <Amended on Jun. 19, 2012>

(2) If the chairperson is unable to perform his or her duties due to inevitable reasons, the vice chairperson shall act on his or her behalf, and if both the chairperson and vice chairperson are unable to perform their duties, the next in seniority shall act on their behalf.

[This Article Wholly Amended on Oct. 7, 2009]

[Title Amended on Jun 19, 2012]

Article 11(Recommendation of members of Commission) #

Where the Minister of Culture, Sports and Tourism commissions members of the Commission under Article 17(4) of the Act, those juristic persons or organizations eligible to recommend the members of the Commission shall be as follows: <Amended on Jun. 19, 2012>

1. The National Academy of Arts under the National Academy of Arts of the Republic of Korea Act;

2. The Korean Bar Association under the Attorney-at-Law Act and other agencies, organizations and associations related to laws;

3. Agencies, organizations and associations related to the press;

4. Agencies, organizations and associations related to foreign studies or foreign languages;

5. Organizations and associations related to the production or criticism of periodicals;

6. Organizations and associations related to the creation, production, distribution and criticism of a class of books (including comics);

7. Organizations and associations related to education;

8. Organizations and associations related to juveniles, females, religions and consumers, which perform fosterage and protection projects for juveniles;

9. Academies and specialized institutes related to the screening of publications;

10. Organizations and associations under which the autonomous screening system of publications is established;

11. Other agencies, organizations and associations related to culture and the arts, such as visuals and advertisements.

[This Article Wholly Amended on Oct. 7, 2009]

Article 11-2(Secretariat of Commission) #

(1) In order to handle the business affairs of the Commission, a secretariat shall be established under the Commission.

(2) The secretariat shall have a secretary general, appointed by the president of the Publication Industry Promotion Agency of Korea under Article 16 of the Act (hereinafter referred to as the "Promotion Agency") from among the employees of the Promotion Agency.

[This Article Added on Jun. 19, 2012]

Article 12(Scope of publications subject to deliberation) #

For the purposes of subparagraph 1 of Article 18 of the Act, the term "publications prescribed by Presidential Decree" means the following publications: <Amended on Mar. 15, 2010; Jun. 19, 2012; Oct. 1, 2025>

1. Electronic publications under subparagraph 4 of Article 2 of the Act;

1-2. Magazines among foreign publications and publications published by North Korea or anti-national organizations (excluding publications brought from North Korea pursuant to Article 13 of the Inter-Korean Exchange and Cooperation Act);

2. Publications presented for deliberation by the Minister of Culture, Sports and Tourism or the Ministry of Gender Equality and Family;

3. Publications selected by the Commission;

4. Publications referred by the agencies, organizations or 30 or more persons related to juvenile protection with their signatures to verify whether such publications are harmful to juveniles.

[This Article Wholly Amended on Oct. 7, 2009]

Article 13(Detailed criteria for deliberation on harmfulness) #

Detailed criteria for deliberation on the harmfulness of publications under Article 19(4) of the Act shall be specified in Appendix 1.

[This Article Wholly Amended on Oct. 7, 2009]

Article 13-2(Scope of publications requiring expert opinions) #

"Publications prescribed by Presidential Decree" in Article 19-3(1)1 of the Act means electronic publications.

[This Article Added on Jun. 19, 2012]

Article 14(Composition and operation of subcommittees by field) #

(1) The subcommittees by field established under Article 20(1) of the Act shall be comprised of up to ten members commissioned by the chairperson of the Commission after obtaining the consent of the Commission, from among its members and the specialists in relevant fields. <Amended on Jun. 19, 2012>

(2) The chairpersons of the subcommittees by field shall be commissioned by the chairperson of the Commission from among its members. <Amended on Jun. 19, 2012>

(3) The term of office of the members of the subcommittees by field shall be one year. <Amended on Jun. 19, 2012>

(4) The subcommittees by field shall deliberate on the matters delegated by the Commission as stipulated by the Commission Regulations. <Amended on Jun. 19, 2012>

(5) Deleted. <Jun. 19, 2012>

(6) Details regarding the composition and operation of the Commission and the subcommittees by field shall be stipulated by the Commission Regulations. <Amended on Jun. 19, 2012>

[This Article Wholly Amended on Oct. 7, 2009]

[Title Amended on Jun 19, 2012]

Article 14-2 #

Deleted. <Aug. 2, 2016>

Article 14-3(Approval of business plan and submission of business records) #

(1) The Promotion Agency shall formulate and prepare a business plan and budget for the following year prior to the commencement of the following year, and submit them to the Minister of Culture, Sports and Tourism for approval. <Amended on Jun. 19, 2012; Aug. 2, 2016>

(2) Any change of a business plan and budget, which have been approved pursuant to paragraph (1), shall require approval from the Minister of Culture, Sports and Tourism.

(3) The Promotion Agency shall submit a report on business performance and settlement of accounts and a statement of financial position to the Minister of Culture, Sports and Tourism by the end of February of the following year after the closing of each year. <Amended on Jun. 19, 2012; Aug. 2, 2016; Jul. 2, 2019>

[This Article Added on Jun. 15, 2010]

Article 15(Indication of fixed prices of publications) #

(1) Publishing companies shall indicate fixed prices on the covers of publications as referred to in Article 22(1) of the Act.

(2) "Publishing date" in the former part of Article 22(2) of the Act means the date of first printing of each edition; provided, this shall not apply to re-printing for minor changes, such as correction of errors and omissions. <Amended on Jun. 15, 2010; Jun. 19, 2012; Nov. 19, 2014>

(3) Where a publishing company intends to alter the fixed price of a publication for which 12 months have elapsed since its publishing date under Article 22(2) of the Act, it shall notify the following matters to the Promotion Agency and the business entities or business organizations related to the distribution of the relevant publication not later than the fifteenth day of the month preceding the month in which the fixed price altered is intended to be applied: <Added on Nov. 19, 2014; Jan. 23, 2018; Feb. 8, 2022; Dec. 6, 2022>

1. Matters concerning a publication whose fixed price is to be altered:

a. Title of the publication;

b. Publishing company;

c. Author and translator;

d. Publisher;

e. Publishing date;

f. An International Standard Book Number (ISBN) assigned under Article 20 of the Enforcement Decree of the Libraries Act (including additional numbers where they are issued along with an ISBN under the same Article); provided, in cases of electronic publications, ISBNs may be replaced by the content identifier specified in Article 23 of the Content Industry Promotion Act;

2. Matters concerning a change in a fixed price:

a. The current fixed price;

b. A changed fixed price;

c. Deleted. <Jan. 23, 2018>

(4) Upon receipt of a notice under paragraph (3), the Promotion Agency shall post such notice on its website and inform the Chief Executive of National Library of Korea thereof. In such cases, with regard to electronic publications, it shall also notify an institution in charge of registering the content identifier referred to in Article 23 of the Content Industry Promotion Act. <Added on Nov. 19, 2014>

(5) Social welfare facilities referred to in Article 22(7)2 of the Social Welfare Program Act shall be social welfare foundations and social welfare facilities established under the Social Welfare Program Act. <Amended on Feb. 8, 2022>

Article 15-2(Measures for establishment of orderly distribution of publications) #

(1) "Measures prescribed by Presidential Decree" in Article 23(2)5 of the Act means an order to discard data for notice used for announcement referred to in Article 23(1)2 of the Act and other means of announcement similar thereto.

(2) The Minister of Culture, Sports and Tourism shall entrust affairs under Article 23(2) of the Act to the Promotion Agency pursuant to the former part of paragraph (3) of the aforesaid Article.

[This Article Added on Jul. 16, 2014]

Article 16(Request for cooperation for collection or discarding of illegally reproduced publications) #

"Juristic persons or organizations prescribed by Presidential Decree" in Article 25(5) of the Act means the Commission and the copyright trust management business entity who has obtained permission from the Minister of Culture, Sports and Tourism under Article 105(1) of the Copyright Act.

[This Article Wholly Amended on Oct. 7, 2009]

Article 16-2(Payment of rewards) #

(1) A monetary reward payable pursuant to Article 25-2 of the Act shall not exceed two million won per case.

(2) A reward under Article 25-2 of the Act shall be paid to a person who has reported or informed before any person who did an act referred to in Article 23(1)1 of the Act is discovered by a relevant administrative agency or investigative agency, limited to cases where a prosecutor decides to prosecute such reported or informed case or to stay the prosecution thereof.

(3) No reward shall be paid to a person who has reported or informed the same offense after a report or information under Article 25-2 of the Act has been lodged.

(4) Where at least two persons jointly lodge a report or information on the same offense, the relevant reward shall be evenly divided and paid thereto; provided, where persons to receive a reward have reached prior agreement on the method of division before the payment of the reward, such reward shall be paid as agreed thereby.

(5) In addition to the matters provided for in paragraphs (1) through (4), matters regarding the payment of rewards shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism.

[This Article Added on Jul. 16, 2014]

Article 17(Delegation or entrustment of authority) #

(1) The Minister of Culture, Sports and Tourism shall, pursuant to Article 26 of the Act, delegate to the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") his or her authority over the imposition and collection of the following administrative fines: <Amended on Jun. 15, 2010; Jun. 19, 2012; Jul. 16, 2014; Feb. 8, 2022>

1. Deleted; <Jun. 19, 2012>

2. Of the administrative fines under Article 28(2)2 of the Act, those imposed on persons who have committed a prohibited act in violation of Article 23(1)3 of the Act;

3. Of the administrative fines under Article 28(2)2 of the Act, those imposed on persons who have failed to comply with an order issued by a Mayor/Do Governor regarding the circulation referred to in Article 23(2) of the Act.

(2) The Minister of Culture, Sports and Tourism shall entrust affairs concerning the payment of rewards under Article 25-2 of the Act to the Promotion Agency pursuant to Article 26 of the Act. <Added on Jul. 16, 2014>

[This Article Wholly Amended on Oct. 7, 2009]

Article 17-2(Handling of personally identifiable information) #

The Minister of Culture, Sports and Tourism, the Promotion Agency, if unavoidable to perform the following duties, handle materials containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Aug. 2, 2016>

1. Confirming grounds for disqualification of the executive officers of the Promotion Agency under Article 16-3(6) of the Act;

2. Commissioning the members of the Commission under Article 17(4) of the Act;

3. Deleted. <Aug. 2, 2016>

[This Article Added on Dec. 16, 2014]

Article 17-3(Re-examination of regulation) #

The Minister of Culture, Sports and Tourism shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following (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:

1. Detailed standards for deliberation on the harmfulness of publications under Article 13 and Appendix 1: January 1, 2022;

2. Scope of publications issued in foreign countries under Article 15(6)3: November 21, 2023.

[This Article Wholly Amended on Mar. 8, 2022]

Article 18(Criteria for imposition of administrative fines) #

The criteria for imposing administrative fines under Article 28(1) and (2) of the Act shall be as specified in Appendix 2. <Amended on Jun. 19, 2012; Jul. 16, 2014; Feb. 8, 2022>

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