Article 1(Purpose) #
The purpose of this Act is to contribute to developing the culture and arts and improving quality of the cultural life of citizens by prescribing matters necessary to revitalize support for culture and arts.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 21, 2023>
1.The term "culture and arts" means culture and arts under Article 2 (1) 1 of the Culture and Arts Promotion Act under Article 3 of Framework Act on National Heritage;
2. The term "support for culture and arts" means voluntary transfer, use or provision of physical or human resources for development of culture and arts and other activities helping such support;
3. The term "sponsors of culture and arts" means individuals, corporations or groups which support culture and arts;
4. The term "intermediary group supporting culture and arts" means a non-profit corporation or group which conducts affairs related to support for culture and arts, such as intermediating or assisting support for culture and arts, which are certified by the Minister of Culture, Sports and Tourism pursuant to Article 5 (1).
Article 3(Obligations of State and local governments) #
(1) The State and local governments shall formulate policies necessary to revitalize support for culture and arts and shall actively encourage, protect and nurture the citizens' support for culture and arts; and may provide necessary financial support thereto.
(2) The State and local governments shall hear opinions of organizations and groups related to culture and arts in advance when formulating policies prescribed in paragraph (1).
Article 4(Relationship with other Acts) #
Except as otherwise expressly prescribed by other Acts, support for culture and arts shall be governed by this Act.
Article 5(Certification of intermediary groups supporting culture and arts) #
(1) In an effort to effectively implement policies necessary to revitalize support for culture and sports, the Minister of Culture, Sports and Tourism may certify non-profit corporations or groups meeting the following requirements as intermediary groups supporting culture and sports:
1. They shall have an organization type prescribed by Presidential Decree, such as non-profit corporations in the Civil Act;
2. They shall engage in a business supporting culture and arts with sponsors of culture and arts as their members or engage in a business with financial resources generated from incomes of contributed property, etc.;
3. They shall have articles of association or rules, etc. prescribed in Article 6;
4. They shall meet the requirements prescribed by Presidential Decree, with regard to standards for operation.
(2) Anyone who intends to be certified as an intermediary group supporting culture and arts pursuant to paragraph (1) shall apply for certification with the Minister of Culture, Sports and Tourism.
(3) The valid period for certification of an intermediary group supporting culture and arts pursuant to paragraph (1) shall be three years, and the period may be extended, as prescribed by Presidential Decree.
(4) An intermediary group supporting culture and arts which has obtained certification prescribed in paragraph (1) may indicate certification, as prescribed by Decree of the Ministry of Culture, Sports and Tourism.
(5) No person who has failed to obtain certification prescribed in paragraph (1) may indicate certification prescribed in paragraph (4) or attach marks similar thereto.
(6) Matters necessary for methods and procedures, etc. for certification of an intermediary group supporting culture and arts prescribed in paragraph (1) shall be prescribed by Presidential Decree.
Article 6(Articles of association) #
(1) Any person who intends to be certified as an intermediary group supporting culture and arts shall have articles of association or rules, etc. (hereinafter referred to as "articles of association, etc.") stating the following matters:
1. Purposes;
2. Details of business;
3. Name;
4. Location of a main office;
5. Type and methods of operating an organization, control structure, and methods of making a decision on major matters;
6. Matters concerning raising, allocating or using donations;
7. Matters concerning property and accounting;
8. Matters concerning dissolution or liquidation;
9. Matters concerning auditing of affairs and inspection of accounting;
10. Other matters prescribed by Presidential Decree.
(2) Where articles of association, etc. are amended, the details of such amendment shall be reported to the Minister of Culture, Sports and Tourism within 14 days from such amendment.
Article 7(Revocation of certification) #
(1) Where an intermediary group supporting culture and arts which has obtained certification pursuant to Article 5 (1) falls under any of the following, the Minister of Culture, Sports and Tourism may revoke such certification; provided, where it falls under subparagraph 1, such certification shall be revoked:
1. Where it has obtained certification by fraud or other unlawful means;
2. Where it does not satisfy requirements for certification prescribed in Article 5 (1) any longer;
3. Where it falls short of standards prescribed by Presidential Decree, such as by poor performance of support of culture and arts.
(2) Detailed standards and procedures for revocation of certification shall be prescribed by Presidential Decree.
Article 8(Fostering or supporting intermediary groups supporting culture and arts) #
(1) The State and local governments may foster or support an intermediary group supporting culture and arts in an effort to promote culture and arts.
(2) The State and local governments may fully or partially subsidize expenses incurred in operating an intermediary group supporting culture and arts, within budgetary limits.
(3) Matters necessary to foster or support an intermediary group supporting culture and arts prescribed in paragraph (1) shall be prescribed by Presidential Decree or Municipal Ordinance.
Article 9(Tax reduction or exemption) #
The State and local governments may reduce or exempt the national tax or local tax for a sponsor of culture and arts and an intermediary group supporting culture and arts pursuant to the Restriction of Special Taxation Act, Restriction of Special Local Taxation Act, or other Acts related to tax, in order to encourage support of culture and arts.
Article 10(Reporting and submission of documents) #
(1) If necessary, the Minister of Culture, Sports and Tourism may order an intermediary group supporting culture and arts certified pursuant to Article 5 (1) to report matters concerning affairs, accounting and property, etc. or submit related documents.
(2) Matters necessary for reporting and methods and procedures for submitting documents pursuant to paragraph (1) shall be prescribed by Presidential Decree.
Article 11(Rewarding sponsors of culture and arts) #
The State may take necessary measures, such as awarding honors pursuant to the Awards and Decorations Act, in order to honor the sponsors of culture and arts and recognize exemplary sponsors of culture and arts. <Amended on May 18, 2021>
Article 12(Certification of exemplary institutions supporting culture and arts) #
(1) The Minister of Culture, Sports and Tourism may certify institutions prescribed by Presidential Decree, such as companies who have set a good example for support of culture and arts (hereinafter referred to as "companies, etc."), as exemplary institutions supporting culture and arts, in order to promote support of culture and arts.
(2) Companies, etc. which intend to obtain certification prescribed in paragraph (1) shall apply for certification with the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree.
(3) Companies, etc. which have received certification prescribed in paragraph (1) may indicate certification, as prescribed by Decree of the Ministry of Culture, Sports and Tourism.
(4) No person who has failed to obtain certification prescribed in paragraph (1) may indicate certification or attach marks similar thereto.
(5) The valid period for certification prescribed in paragraph (1) shall be three years from the date certification is obtained and such period may be extended, as prescribed by Presidential Decree.
(6) Matters necessary for standards and procedures, etc. for certification shall be prescribed by Presidential Decree.
Article 13(Revocation of certification) #
(1) Where a company, etc. which has obtained certification pursuant to Article 12 (1) falls under any of the following, the Minister of Culture, Sports and Tourism may revoke certification; provided, when it falls under subparagraph 1, certification shall be revoked:
1. Where it has obtained certification by fraud or other unlawful means;
2. Where it no longer satisfies standards for certification prescribed in Article 12 (6).
(2) Detailed standards and procedures for revocation of certification shall be prescribed by Presidential Decree.
Article 14(Delegation or entrustment of authority) #
(1) The Minister of Culture, Sports and Tourism may delegate part of authority prescribed in this Act to the head of a local government, as prescribed by Presidential Decree.
(2) The Minister of Culture, Sports and Tourism may entrust part of affairs prescribed in this Act to an institution or organization related to support of culture and arts, as prescribed by Presidential Decree.
Article 15(Administrative fines) #
(1) Any of the following persons shall be punished by an administrative fine not exceeding five million won:
1. A person who has indicated certification of an intermediary group supporting culture and arts or attached marks similar thereto, in violation of Article 5 (5);
2. A person who has indicated certification of an exemplary institution supporting culture and arts or attached marks similar thereto, in violation of Article 12 (4).
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree.