Article 1(Purpose) #
The purpose of this Act is to stipulate matters mandated by the Artists Welfare Act and matters necessary for its implementation.
Article 2(Detailed Standards and Procedures for Certification of Artistic Activity) #
(1) Detailed standards for the certification of activities in the field of culture and arts (hereinafter referred to as "certification of artistic activity") under Article 3-2 (1) of the Artists' Welfare Act (hereinafter referred to as the "Act") shall be as specified in attached Table 1.
(2) A person seeking to obtain certification of artistic activity pursuant to Article 3-2 (1) of the Act shall submit a written application for certification of artistic activity, attached with materials verifying that the person satisfies the detailed criteria set forth in attached Table 1, to the Korean Artists Welfare Foundation pursuant to Article 8 of the Act (hereinafter referred to as the "KAWF") or to an institution specified in paragraph (3) of this Article (hereinafter referred to as "institution, etc.").
(3) In Article 3-2 (2) of the Act, the "institution prescribed by Presidential Decree" refers to an institution which the Minister of Culture, Sports and Tourism publicly notifies in consultation with the head of the relevant local government, among the regional cultural foundations (limited to regional cultural foundations contributed or invested by local governments) under Article 19 of the Regional Culture Promotion Act.
(4) The Minister of Culture, Sports and Tourism may request institutions, etc. to submit data when necessary to efficiently and fairly operate the certification of artistic activities. In this case, the head of the institution, etc. who received the request shall comply with the request unless there is a special reason not to do so.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the certification of artistic activities, such as detailed standards and procedures for the certification of artistic activities, shall be prescribed by the Minister of Culture, Sports and Tourism.
[This Article Wholly Amended on Sep. 12, 2023]
Article 2-2(Composition and Operation of Deliberative Committee) #
(1) The Deliberative Committee referred to in Article 3-2 (3) of the Act (hereinafter referred to as the "Deliberative Committee") shall be composed of at least 30 members, including the chairperson, taking gender into consideration.
(2) The chairperson shall be elected by mutual vote from among the committee members.
(3) The committee members shall be commissioned by the head of an institution, etc. from among the following persons:
1. A person who has worked in the field of culture and arts for at least 10 years;
2. A person who has engaged in a profession in various fields such as the legal, educational, media, or economic sectors for 5 years or more, and possesses knowledge and insight in the area of culture and the arts;
3. Other people with abundant knowledge and experience in culture and arts.
(4) The term of office for committee members shall be 2 years, and they may be reappointed only once.
(5) If a committee member falls under any of the following subparagraphs, he or she shall be excluded from deliberation and resolution of the Deliberative Committee:
1. In case the committee member or his or her spouse or former spouse becomes a party to the relevant agenda, or is a joint right holder or joint obligor with a party to the relevant agenda item;
2. Where the committee member is or was a relative of a party to the relevant agenda item;
3. Where the committee member has provided testimony, statements, advice, research, services, or appraisal regarding the relevant agenda item.
(6) If the committee member falls under any of the subparagraphs of paragraph (5), he or she shall voluntarily recuse himself or herself from deliberation on the relevant agenda item.
(7) If a committee member falls under any of the following subparagraphs, the head of an institution, etc. may dismiss the relevant member:
1. In cases where the person becomes unable to perform his or her duties due to mental or physical weakness, etc.;
2. Where the person engages in misconduct in connection with his or her duties;
3. Where the person is deemed unsuitable as a committee member due to negligence of duties, damage to dignity, or other reasons;
Article 2-3(Validity Period of Certification of Artistic Activity) #
(1) The validity period of certification of artistic activity shall be classified as follows:
1. Certification of artistic activity under Article 3-2 (1) 1 of the Act: 5 years: provided, it shall be 2 years in cases specified in subparagraph 1 (b) of attached Table 1;
2. Certification of artistic activity pursuant to Article 3-2 (1) 2 of the Act: 5 years: provided, in the case specified in subparagraph 2 (b) of attached Table 1, the period shall be 1 year;
3. Certification of artistic activity pursuant to Article 3-2 (1) 3: 5 years: provided, the period shall be 2 years in the case specified in subparagraph 3 (b) of attached Table 1; and in the case falling under subparagraph 3 (c), the period shall be a period prescribed by the Deliberative Committee taking into consideration the content and period of the relevant artistic activity within the scope of 5 years.
(2) Where the Minister of Culture, Sports and Tourism deems that it is impracticable for an artist to normally perform artistic activities in any of the following cases, an institution, etc. may extend the period of validity under paragraph (1) within the scope classified as follows:
1. In case where a disaster is declared in accordance with Article 36 of the Framework Act on the Management of Disasters and Safety: The period during which the disaster was declared;
2. In case where a crisis alert of caution or higher is issued pursuant to Article 38 (2) of the Framework Act on Disaster and Safety Management: The period during which a crisis alert of caution or higher was issued.
(3) In cases where the Minister of Culture, Sports and Tourism recognizes that it is difficult for an artist to perform artistic activities normally pursuant to paragraph (2), he or she shall publicly announce the grounds therefor and the extended period on the website, etc. of the Ministry of Culture, Sports and Tourism.
(4) Notwithstanding paragraph (1), an artist whose term of validity of an artistic activity certificate applied for pursuant to Article 3-2 (2) of the Act and the term of validity of the previously obtained artistic activity certificate (including the period extended pursuant to paragraph (2)) is at least 20 years aggregated may obtain an artistic activity certificate with no term of validity.
[This Article Newly Inserted on Sep. 12, 2023]
[Former Article 2-3 moved to Article 2-5 <Sep. 12, 2023>]
Article 2-4(Personal Information Shareable for Verification of Artistic Activities) #
In Article 3 (2) 4 of the Act, "personal information deemed necessary to identify the artist in question, such as name and contact information, as prescribed by Presidential Decree" refers to name, contact information, and date of birth.
[This Article Newly Inserted on Jan. 23, 2014]
[Former Article 2-4 moved to Article 2-5 <Jan. 23, 2024>]
Article 2-5(Support for Vulnerable Artistic Groups) #
In order to promote the welfare of artists pursuant to Article 4 (4) of the Act, the Minister of Culture, Sports and Tourism may partially subsidize vulnerable artistic groups (referring to persons who meet the standards determined and publicly notified by the Minister of Culture, Sports and Tourism in consideration of their economic level such as income and property of artists, their parents, spouses, or persons specified in the subparagraphs of Article 3-6 (1) (hereinafter referred to as "household members"); hereinafter the same shall apply) to cover expenses incurred in their cultural and artistic activities. <Amended on Jun. 2, 2020>
[This Article Newly Inserted on Oct. 16, 2018]
[Moved from Article 2-4, former Article 2-5 moved to Article 2-6 <Jan. 23, 2024>]
Article 2-6(Master Plan for Welfare Policies for Artists) #
When the Minister of Culture, Sports and Tourism establishes a master plan for welfare policies for artists pursuant to Article 4-2 (1) of the Act, he or she shall notify the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor.
[Newly Inserted on Jun. 2, 2020]
[Moved from Article 2-5, former Article 2-6 moved to Article 2-7 <Jan. 23, 2024>]
Article 2-7(Scope of Fact-Finding Survey) #
(1) Deleted. <May 3, 2016>
(2) The fact-finding survey of the welfare and creative environment of artists pursuant to Article 4-3 (1) of the Act (hereinafter referred to as the "fact-finding survey") shall be conducted concerning the following matters: provided, when conducting an ad hoc survey under the proviso of Article 4-3 (1) of the Act, some of the following matters may be omitted in consideration of the necessity of the survey and others: <Amended on May 3, 2016; Jun. 2, 2020>
1. General characteristics such as gender and age;
2. Matters concerning economic status such as income;
3. Matters related to employment status and other occupational conditions;
4. Matters concerning the status of purchase of insurance, such as employment insurance and industrial accident compensation insurance;
5. Other matters necessary for the establishment and implementation of welfare policies for artists.
(3) The Minister of Culture, Sports and Tourism may commission a research institution, corporation, or organization with expertise and personnel in the welfare of artists to conduct a fact-finding survey.
[This Article Newly Inserted on Mar. 28, 2014]
[Moved from Article 2-6 <Jan. 23, 2024>]
Article 3(Establishment and Operation of Artists Career Information System) #
The Minister of Culture, Sports and Tourism may establish and operate an artist career information system to verify the careers of artists in accordance with Article 6 of the Act.
Article 3-2 #
Deleted. <Sep. 20, 2022>
Article 3-3 #
Deleted. <Sep. 20, 2022>
Article 3-4(Fact-Finding Investigation Related to Conclusion of Cultural and Artistic Service Contract) #
(1) If a cultural arts planner, etc. commits an act in violation of Article 4-4 (2) of the Act, any artist may report such fact to the Minister of Culture, Sports and Tourism. <Amended on Sep. 20, 2022>
(2) If the Minister of Culture, Sports and Tourism receives a report pursuant to paragraph (1) or becomes aware that a cultural arts planner, etc. has committed an act in violation of Article 4-4 (2) of the Act, he or she may, pursuant to Article 6-4 of the Act, conduct a fact-finding investigation concerning the conclusion of a contract related to cultural arts services under Article 4-4 of the Act. <Amended on Jun. 2, 2020; Sep. 20, 2022>
(3) In cases where it is necessary for the investigation pursuant to paragraph (2), the Minister of Culture, Sports and Tourism may hear the opinions of those with abundant expertise and experience in the fields of culture and arts, fair trade, labor, accounting, law, sexual harassment and sexual violence, etc. <Amended on Jun. 2, 2020>
[This Article Newly Inserted on May 3, 2016]
[Title Amended on Sep. 20, 2022]
[Moved from Article 3-3, former Article 3-4 moved to Article 3-5 <Jun. 2, 2020>]
Article 3-5(Request for Report) #
Where the Minister of Culture, Sports and Tourism requests reporting or submission of necessary materials or attendance pursuant to Article 6-4 of the Act, the Minister shall do so in writing, specifying the following matters: <Amended on Jun. 2, 2020>
1. In case of reporting or submission of materials:
(a) Grounds for requesting reports or submission of materials;
(b) Scope of reports or submission of materials;
(c) Deadline and method for reporting or submitting materials;
(d) Details of sanctions against refusal to submit reports and materials;
2. In case of attendance:
(a) Time and place of attendance;
(b) Grounds for requiring attendance;
(c) Matters to be presented in attendance.
[This Article Wholly Amended on May. 3, 2016]
[Moved from Article 3-4, former Article 3-5 moved to Article 3-6 <Jun. 2, 2020>]
Article 3-6(Persons subject to Submission of Written Consent for Provision of Financial Information) #
(1) "Person prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 10-3 (1) of the Act, means any of the following persons:
1. A lineal ascendant or descendant of an artist who is registered on the same resident registration card for each household as the artist;
2. A lineal ascendant or descendant of an artist who is registered in the same household resident registration card for each household as the artist's spouse.
(2) The specific details of the data or information referred to in each subparagraph of Article 10-3 (1) of the Act (hereinafter referred to as "financial information, etc.") shall be as follows:
1. Financial information specified in Article 10-3 (1) 1 of the Act:
(a) Demand deposits, including ordinary deposits, savings deposits, and free savings deposits: The average balance over the past 3 months;
(b) Time deposits, installment savings, and other savings deposits: The account balance or total contributions;
(c) Stocks, beneficiary certificates, contributions, and equity shares: The final market value as of the date of inquiry. In such cases, the final market value of unlisted stocks shall be the amount assessed by applying mutatis mutandisArticle 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act;
(d) Bonds, bills, checks, debt securities, subscription warrants, negotiable certificates of deposit: Face value;
(e) Pension savings: The amount paid regularly or the final balance;
2. Credit information according to Article 10-3 (1) 2 of the Act:
(a) Loan status and delinquency information;
(b) Unpaid credit card balance;
3. Insurance information according to Article 10-3 (1) 3 of the Act:
(a) Insurance policy: The surrender value receivable upon termination or insurance proceeds paid within the past 1 year;
(b) Annuity insurance: The surrender value receivable upon termination or the amount paid periodically.
[This Article Newly Inserted on Oct. 16, 2018]
Article 4(Submission of Business Plans) #
(1) In accordance with Article 14 (2) of the Act, the KAWF shall submit a business plan and budget bill for each fiscal year to the Minister of Culture, Sports and Tourism at least 1 month prior to the commencement of the relevant fiscal year. <Amended on Sep. 12, 2023>
(2) The business plan and budget bill referred to in paragraph (1) shall clearly specify the objectives, policies, major projects, and the necessary budget, categorized accordingly.
(3) The KAWF shall prepare a statement of revenue and expenditure for each fiscal year, obtain an audit by a certified public accountant or accounting firm, and submit it to the Minister of Culture, Sports and Tourism by the end of February of the following year. <Amended on Sep. 12, 2023>
Article 4-2(Scope of Data) #
In the main clause of Article 15-2 (1) of the Act, "to use relevant computer networks or to provide data prescribed by Presidential Decree" refers to the use or provision of computer networks or data according to attached Table 1-2.
[This Article Newly Inserted on Oct. 16, 2018]
[Former Article 4-2 moved to Article 4-4 <Oct. 16, 2018>]
Article 4-3(Request for and Provision of Financial Information) #
(1) When the Minister of Culture, Sports and Tourism requests the provision of financial information, etc. on artists or their household members (hereinafter referred to as "account holders") who are receiving or seeking to receive support for the business project specified in each subparagraph of Article 10 (1) of the Act from the heads of financial institutions, etc. (referring to financial institutions, etc. as defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, as well as comprehensive credit information concentration institutions as defined in Article 25 (2) 1 of the Credit Information Use and Protection Act; hereinafter the same shall apply), pursuant to Article 15-3 (1) of the Act, the request shall include the following items: <Amended on Aug. 4, 2020>
1. Name and resident registration number of the account holders;
2. The scope of financial information requested, the reference date for the inquiry, and the inquiry period.
(2) When the head of a financial institution, etc. who has been requested to provide financial information, etc. pursuant to paragraph (1) provides relevant financial information, etc. to the Minister of Culture, Sports and Tourism, he or she shall do so in documents (including electronic document) stating the following items:
1. Name and resident registration number of the account holders;
2. Name of financial institution, etc. providing financial information, etc.;
3. Name and account number of financial instruments to be provided;
4. Content of financial information, etc.
(3) In cases where an association, federation, or central association (hereinafter referred to as "association, etc.") joined by financial institutions, etc. manages the information and communications networks concerning financial information, etc., the Minister of Culture, Sports and Tourism may request the head of the relevant financial institution, etc. to provide financial information, etc. using the information and communications networks of the association, etc.
[This Article Newly Inserted on Oct. 16, 2018]
[Former Article 4-3 moved to Article 4-5 <Oct. 16, 2018>]
Article 4-4(Entrustment of Business Affairs) #
The Minister of Culture, Sports and Tourism shall entrust the following affairs to the KAWF in accordance with Article 16-2 (2) of the Act: <Amended on Oct. 16, 2018; Jun. 2, 2020; Sep. 12, 2023; Jan. 23, 2024>
1. Confirmation of matters requested by the Minister of Culture, Sports and Tourism for the purpose of fact-finding investigation pursuant to Article 6-4 of the Act;
2. Request for provision of data and use of the computer networks pursuant to Article 15-2 of the Act;
3. Request for provision of financial information, etc. pursuant to Article 15-3 of the Act;
4. Support for vulnerable artistic groups according to Article 2-5;
5. Receipt of reports pursuant to Article 3-4 (1).
[This Article Newly Inserted on May 3, 2016]
[Moved from Article 4-2, former Article 4-4 moved to Article 4-6 <Oct. 16, 2018>]
Article 4-5(Processing of Sensitive Information and Personally Identifiable Information) #
(1) The Minister of Culture, Sports and Tourism (including a person entrusted with the business affairs of the Minister of Culture, Sports and Tourism pursuant to Article 16-2 (2) of the Act) may process data containing health-related information pursuant to Article 23 of the Personal Information Protection Act or resident registration number, passport number, driver's license number, or alien registration number pursuant to Article 19 of the Enforcement Decree of that Act, if it is inevitable perform the following administrative affairs: <Amended on May 3, 2016; Oct. 16, 2018; Jun. 2, 2020; Sep. 12, 2023; Jan. 23, 2024>
1. Administrative affairs related to fact-finding investigation according to Article 6-4 of the Act;
2. Administrative affairs related to request for provision of data and use of the computer networks pursuant to Article 15-2 of the Act;
3. Administrative affairs related to request for provision of financial information, etc. pursuant to Article 15-3 of the Act;
4. Administrative affairs related to support for vulnerable artistic groups according to Article 2-5;
5. Administrative affairs concerning fact-finding surveys on the status of insurance subscriptions, including employment insurance, industrial accident compensation insurance, etc. under Article 2-7 (2) 4;
6. Administrative affairs related to the establishment and operation of the artist career information system pursuant to Article 3.
(2) Where it is unavoidable for performing the following affairs (limited to the administrative affairs under subparagraph 2 in cases of institutions under Article 2 (3)), the KAWF and institutions under Article 2 (3) may process data containing the resident registration number, passport number, driver's license number, or alien registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Dec. 3, 2014; May 3, 2016; Sep. 12, 2023; Jan. 23, 2024>
1. Administrative affairs related to business projects in accordance with the provisions of Article 10 (1) 1 through 4 of the Act (limited to cases where it is necessary for confirming the eligibility of artists for support, such as for verifying enrollment and entitlement to employment insurance, industrial accident compensation insurance, national pension, unemployment benefits, or confirmation of income and health insurance payment amounts);
2. Administrative affairs related to verification of artistic activities under Article 2.
Article 4-6 #
Deleted. <Sep. 20, 2022>
Article 5(Criteria for Imposition of Administrative Fines) #
The criteria for imposing administrative fines under Article 18 (1) of the Act shall be as specified in attached Table 2. <Amended on Mar. 28, 2014; Oct. 16, 2018>