ENFORCEMENT DECREE OF THE SPECIAL ACT ON ASSISTANCE IN DEVELOPMENT OF LOCAL NEWSPAPERS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Special Act on Assistance in Development of Local Newspapers and matters necessary for the enforcement thereof.

Article 2(Formulation of plans for assistance in developing local newspapers) #

(1) Where the Minister of Culture, Sports and Tourism intends to formulate a plan for assistance in developing local newspapers under Article 6 of the Special Act on Assistance in Development of Local Newspapers (hereinafter referred to as the "Act"), he or she shall seek in advance the opinions of the Committee for Local Press (hereinafter referred to as the "Committee") established under Article 7 of the Act.

(2) Where it is necessary for formulating and implementing a plan for assistance in developing local newspapers, the Minister of Culture, Sports and Tourism may request necessary cooperation from the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the heads of press-related organizations.

Article 3(Duties of chairperson) #

(1) The chairperson of the Committee (hereinafter referred to as the "chairperson") shall represent the Committee and exercise general supervision over its affairs.

(2) If the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson; and if both the chairperson and the vice chairperson are unable to perform their duties, a member predesignated by the chairperson shall act on behalf of the chairperson.

Article 4(Exclusion of, challenge to, and recusal of members) #

(1) Where a member of the Committee (hereinafter referred to as "member") falls under any of the following cases, he or she shall be excluded from deliberation or inspection by the Committee under Article 9 (1) 4 or 5 of the Act (hereinafter referred to as "deliberation, etc."):

1. Where the member or his or her current or former spouse becomes a party (where a party is a corporation, organization, etc., including an executive officer thereof; hereafter in this subparagraph and subparagraph 2 the same shall apply) to the relevant agenda or is related thereto as a joint holder of any right or liability;

2. Where a member is or was a relative of a party to the case at issue;

3. Where a member has provided advice, delivered services, or performed appraisal with respect to the case at issue;

4. Where a member or a legal person or organization, etc. to which he or she belongs is or was an agent of a party to the case at issue;

5. Where a member is holding or has held a post as an executive officer or employee of a party to the case at issue.

(2) If the circumstances indicate that it would be impracticable to expect fair deliberations, etc. of a member, a party to the case at issue may file a request for challenge to the member with the Committee, which shall make a decision thereon by resolution. In such cases, the member against whom the request is filed shall not participate in the resolution.

(3) If a member finds that he or she is subject to exclusion on the ground specified in the subparagraphs of paragraph (1), the member shall recuse himself or herself from deliberation, etc. on the case at issue.

Article 5(Dismissal of members) #

Where a member falls under any one of the following cases, the Minister of Culture, Sports and Tourism may dismiss the member:

1. If the member becomes incapable of performing his or her duties due to mental or physical disability;

2. If the person is deemed unsuitable to serve as a member due to neglect of duty, loss of dignity, or other reasons;

3. Where a member is subject to exclusion on the ground specified in any subparagraph of Article 4 (1) but fails to recuse himself or herself from deliberation, etc.;

Article 6(Subcommittees) #

(1) The Committee shall have subcommittees for each field determined by the Committee, including the use of the Fund and eligibility recipients, pursuant to Article 9 (2) of the Act.

(2) Members of a subcommittee shall be comprised of at least 3 members designated by the chairperson from among the members of the Committee, and each subcommittee may have up to 5 part-time expert members.

(3) Each subcommittee shall perform duties regarding matters designated for each field by the Committee and report the outcomes thereof to the Committee.

(4) Allowances and travel expenses may be paid or reimbursed to part-time expert members under paragraph (2) within the budget.

Article 7(Hearing of opinions) #

If it is deemed necessary in connection with the matters to be deliberated upon by the Committee, the chairperson may seek opinions from related experts or interested parties, etc.

Article 8(Operating rules) #

Except as provided in this Decree, matters necessary for the composition and operation of the Committee and the subcommittees shall be determined by the chairperson after resolution by the Committee.

Article 9(Management and operation of Fund) #

The Minister of Culture, Sports and Tourism may open an account for the Local Newspapers Development Fund in the Bank of Korea in order to clarify the revenues and expenditures of the Local Newspapers Development Fund under Article 13 (1) of the Act (hereinafter referred to as the "Fund").

Article 10(Entrustment of management and operation of Fund) #

Pursuant to Article 14 (2) of the Act, the Minister of Culture, Sports and Tourism shall entrust the following administrative affairs among administrative affairs on the management and operation of the Fund to the Korea Press Foundation established pursuant to Article 29 of the Act on the Promotion of Newspapers (hereafter in this Article and Articles 11 and 12 referred to as the "entrusted institution"); and in such cases, any expenses incurred in performing the affairs entrusted to the entrusted institution shall be borne by the Fund:

1. Receipts and disbursements of the Fund;

2. Operation of surplus of the Fund;

3. Preparation of the Fund settlement report;

4. Other affairs relating to the management and operation of the Fund, as determined by the Minister of Culture, Sports and Tourism.

Article 11(Accounting agency of Fund) #

(1) Where the head of a Fund trustee institution is entrusted with the management and operation of the Fund pursuant to Article 10, the head shall appoint, from among the standing directors, a director in charge of Fund revenue and a director in charge of Fund expenditure authorization, and shall appoint, from among the employees, a staff member in charge of Fund expenditures and a staff member in charge of Fund receipts and disbursements, and report such appointments to the Minister of Culture, Sports and Tourism. In this case, the appointed directors and employees shall perform the duties classified as follows:

1. Director in charge of Fund revenue: Duties of a fund revenue collection officer;

2. Director in charge of Fund expenditure authorization: Duties of a fund financial officer;

3. Staff member in charge of Fund expenditures: Duties of Fund disbursement officer;

4. Staff member in charge of fund receipts and disbursements: Duties of a Fund treasurer.

(2) The Minister of Culture, Sports and Tourism shall notify the Chair of the Board of Audit and Inspection and the Governor of the Bank of Korea of the appointment of the accounting agency under paragraph (1), respectively.

(3) The head of a Fund trustee institution may appoint up to 3 fund-related experts to systematically operate and manage the Fund.

Article 12(Formulation of draft Fund operation plan) #

(1) Each fiscal year, the Minister of Culture, Sports and Tourism shall formulate a draft plan for Fund operation after deliberation by the Committee.

(2) A draft plan for Fund operation under paragraph (1) shall include the following:

1. Matters concerning revenues of and expenditures from the Fund;

2. An appropriation plan of the Fund for each project;

3. Expenses incurred in managing and operating the Fund.

(3) The entrusted institution shall report the receipts and disbursements of the Fund and the status of fund operation as of the last day of each quarter to the Minister of Culture, Sports and Tourism by the 10th day of the month following each quarter.

Article 13(Use of Fund) #

"Projects prescribed by Presidential Decree" in subparagraph 5 of Article 15 of the Act means the following:

1. Projects to assist in improving content of local newspapers and pages thereof;

2. Projects to assist with subscription of underprivileged classes to local newspapers, education on reading culture, and local community activities;

3. Public interest projects of the press, including assistance with self-review of local newspapers.

Article 14(Subsidization from Fund) #

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

1. The following acts in connection with a violation of the Act on the Promotion of Newspapers:

a. An act of publishing a newspaper without filing for registration in violation of Article 9 (1) of the Act on the Promotion of Newspapers;

b. A violation of Article 18 (1) or (2) of the Act on the Promotion of Newspapers;

c. An act of publishing a newspaper in violation of any dispositions issued under Article 22 (1) or (2) or 23 of the Act on the Promotion of Newspapers;

d. Any act of establishing a branch office or district office of a foreign newspaper in Korea without filing for registration under Article 28 (1) of the Act on the Promotion of Newspapers;

2. Any act of violation of Article 43 of the Labor Standards Act or Article 81 of the Trade Union and Labor Relations Adjustment Act;

3. Any act of violation of Article 5 (Prohibition of abuse of market-dominant position), Article 40 (Prohibition of illegal cartel conduct), Article 45 (Prohibition of unfair trade practices), Article 46 (Prohibition of practice of resale price maintenance), or Article 51 (Prohibited acts for trade associations) of the Monopoly Regulation and Fair Trade Act;

4. Any act specified in Article 283 (1) (Intimidation), Article 284 (Special intimidation), Article 285 (Habitual crime) (limited to the crimes under Article 283 (1) and Article 284), Article 286 (Attempts) (limited to the crimes under Article 283 (1), Articles 284 and 285), Article 347 (Fraud), Article 349 (Unjustifiable profit), Article 350 (Extortion), Article 351 (Habitual Crimes) (limited to the crimes under Articles 347, 349, and 350), Article 352 (Attempts) (limited to the crimes under Articles 347, 350, and 351), Article 355 (Embezzlement and breach of trust), Article 356 (Occupational embezzlement and breach of trust), Article 357 (Receiving or giving bribe by breach of trust), or Article 359 (Attempts) of the Criminal Act, or under Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes;

5. Any act subject to punishment under Article 109 or 111 of the Attorney-at-Law Act;

6. Any act of receiving money, valuables, or other gains, in violation of Article 32 of the Employment Security Act.

Article 15(Documents to be submitted) #

(1) "Matters prescribed by Presidential Decree" in Article 16 (2) of the Act means the following:

1. Matters to verify whether a local newspaper falls under the subparagraphs of Article 16 (1) of the Act;

2. Matters to verify whether a local newspaper falls under the subparagraphs of Article 16 (1);

3. Data necessary for evaluation in accordance with the criteria specified in the Appendix;

4. A plan to use the subsidy.

(2) The details of documents that must to be submitted to the Minister of Culture, Sports and Tourism pursuant to Article 16 (2) of the Act shall be determined and publicly notified by such Minister, after deliberation by the Committee.

Article 16(Criteria for preferential subsidization) #

(1) The Minister of Culture, Sports and Tourism may, in accordance with Article 16 (3) of the Act, provide priority support from the Fund to local newspapers that satisfy all of the following requirements and are evaluated and selected by the Committee in accordance with the criteria set forth in Appendix:

1. Editorial autonomy shall be ensured in such a way that the publisher and the editor-in-chief of a local newspaper, among other things, equally participate in establishing and implementing the editorial regulations;

2. The relevant local newspaper, controlling stockholder, publisher, editor, or other executive officers shall have not been subject to a fine or heavier criminal punishment for any act prescribed in subparagraphs 2 through 6 of Article 14 in connection with the operation of the local newspaper within one year before the date an application for the Fund was filed;

3. The relevant local newspaper shall have no amount of unpaid premiums for health insurance, national pension insurance, employment insurance, and industrial accident compensation insurance for its employees within 1 year before the date an application for the Fund was filed.

(2) Detailed matters necessary for the standards for allotment and ratio of the evaluation under paragraph (1), and the detailed methods, procedures, etc. for the selection of recipients eligible for the Fund shall be determined by the chairperson of the Committee, after its resolution.

Article 17(Entrustment of business affairs) #

Pursuant to Article 19 of the Act, the Minister of Culture, Sports and Tourism shall entrust the following affairs to the Korea Press Foundation established pursuant to Article 29 of the Act on the Promotion of Newspapers:

1. Affairs on subsidization from the Fund provided in Article 16 (1) and (3) of the Act;

2. Affairs on receiving documents submitted under Article 16 (2) of the Act;

3. Affairs on receiving reports on results of projects under Article 17 (2) of the Act.

Article 18(Processing of sensitive information and personally identifiable information) #

The Minister of Culture, Sports and Tourism (including a person entrusted with the affairs of the Minister of Culture, Sports and Tourism pursuant to Article 17) may manage information equivalent to criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data containing the resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of that Decree, if it is inevitable to perform the following affairs:

1. Affairs to check whether a member has any grounds for disqualification for membership under subparagraph 4 of Article 10-2 of the Act;

2. Affairs related to the verification of eligibility for support with Fund for local newspapers under Article 16 of the Act (the processing of information corresponding to criminal records shall be limited to the affairs concerning the verification of the requirements under Article 16 (1) 4 of the Act, Article 16 (1) 2 of this Decree, and item d of subparagraph 1 of Appendix).