ENFORCEMENT DECREE OF THE POPULAR CULTURE AND ARTS INDUSTRY DEVELOPMENT ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters delegated by the Popular Culture and Arts Industry Development Act and matters necessary for the enforcement thereof.

Article 2(Scope of popular culture and arts industry) #

The term "industry prescribed by Presidential Decree" under subparagraph 1 of Article 2 of the Popular Culture and Arts Industry Development Act (hereinafter referred to as "Act") means any of following industries:

1. An industry that produces any of the following popular culture products using popular culture services provided by popular culture artists:

(a) Public performances under the Public Performance Act (excluding a public performance in the form of dance, drama, or Korean traditional music);

(b) Cinematographic works (excluding cinematographic works in the field of news report and general education) produced for broadcasting under the Broadcasting Act;

(c) Movies and video products under the Promotion of the Motion Pictures and Video Products Act;

(d) Music records, music files, music video products, and music video files under the Music Industry Promotion Act;

(e) Products utilizing images;

2. An industry that provides or brokers popular culture artists' popular culture services to produce popular culture products under subparagraph 1, and trains, directs, counsels, etc. popular culture artists for the provision or brokerage thereof.

Article 2-2(Request for reports or submission of materials) #

Where the Minister of Culture, Sports and Tourism require a popular culture and arts business entity or a person who enters into a contract with such entity for the production and supply of popular culture and arts products to report relevant matters, or to submit necessary materials, or to appear and respond under Article 6 (4) of the Act, such request shall be made in writing, specifying the particulars in accordance with each of the following subparagraphs:

1. Where a report or submission of materials is requested:

(a) Grounds for requesting the reports or submission of materials;

(b) Scope of reports or submission of materials;

(c) Deadline and method for reporting or submitting materials;

2. Where appearance and response are requested:

2. In cases where attendance and reply are requested:

(b) Grounds for requiring attendance;

(c) Matters to be presented in attendance.

[This Article Added on Apr. 22, 2025]

Article 2-3(Provision of accounting details) #

A popular culture business entity shall, in accordance with Article 14 (2) of the Act, provide affiliated popular culture artists with documents stating the following matters at least once a year, even if the affiliated popular culture artists has not requested it:

1. Accounting details related to affiliated popular culture artists, such as accounting books under Article 14 (1) of the Act;

2. The amount received by the relevant popular culture planner from a third party in return for popular culture services provided by affiliated popular culture artists;

3. Remuneration to be paid to affiliated popular culture artists under Article 14 (3) of the Act;

4. Timing of payment of remuneration under subparagraph 3.

[This Article Added on Apr. 22, 2025]

Article 3(Support center) #

The Support Center provided for under Article 17 (1) of the Act (hereinafter referred to as "support center") may construct and operate a network with relevant public institutions, the association, etc., to receive reports on infringement on the rights and interests of popular culture artists, popular culture production crew members, and persons engaged in popular culture planning business, and provide them with necessary support.

Article 4(Advisory committee) #

(1) The advisory committee under Article 17 (3) of the Act (hereinafter referred to as "advisory committee") shall consist of not exceeding ten members, including a chairperson.

(2) The members of the advisory committee shall be entrusted by the Minister of Culture, Sports, and Tourism among persons engaged in the popular culture and arts industry and relevant specialists, giving due regard to gender considerations.

(3) Members who attend the advisory committee may be paid allowances, reimbursed travel expenses, and other necessary expenses, within budgetary limits.

(4) Matters necessary for the composition and operation of the advisory committee, in addition to the matters prescribed in paragraphs (1) through (3), shall be determined by the Minister of Culture, Sports and Tourism.

Article 5(Research on actual conditions) #

(1) Research on actual conditions in Article 18 (1) of the Act shall target the following:

1. Market conditions of the popular culture and arts industry and matters concerning the business environment thereof;

2. Current status of persons engaged in the popular culture and arts industry and matters concerning the actual conditions of supply and demand;

3. Matters concerning the actual provision of services by persons engaged in the popular culture and arts industry and conclusion of relevant contracts;

4. Other mattes that the Minister of Culture, Sports, and Tourism deems necessary to conduct research on actual conditions for the establishment of orderly and fair trade in the popular culture and arts industry.

(2) The Minister of Culture, Sports, and Tourism shall conduct research on actual conditions in paragraph (1) every two years, but may occasionally conduct research, if deemed necessary.

Article 5-2(Designation and duties of youth protection officers) #

(1) The youth protection officer provided in Article 21-2 (1) of the Act (hereinafter referred to as "youth protection officer") shall be designated from among the executive officers of a popular culture business entity or persons who hold a position equivalent to the head of a department responsible for the protection of youth popular culture artists (if there is no person in a position equivalent to the head of the department, referring to a person in charge of affairs related to the protection of youth popular culture artists).

(2) The youth protection officers shall be in charge of the following duties:

1. Receipt and actions reports of infringement of the fundamental human rights under Article 21 (1) of the Act (hereinafter referred to as "fundamental human rights") in relation to the provision of popular culture arts services by youth popular culture artists;

2. Management of service hours of youth popular culture artists in accordance with Articles 22 and 23 of the Act;

3. Review of whether a contract for the provision of popular culture and arts services or a contract for planning of popular culture and arts entered into with a youth popular culture artist infringes upon the fundamental human rights of the youth;

4. Management and preservation of materials evidencing the performance of duties under subparagraphs 1 through 3.

[This Article Added on Jul. 31, 2025]

Article 5-3(Request for submission of materials) #

Where the Minister of Culture, Sports and Tourism requests the submission of materials related to the protection of the fundamental human rights of youth popular culture artists from a popular culture business entity or the popular culture production staff pursuant to Article 21-3 (1) of the Act, it shall be in a document specifying the following:

1. Grounds for requesting the submission of materials;

2. Scope of submission of materials;

3. Deadline and methods for submission of materials.

[This Article Added on Jul. 31, 2025]

Article 6(Registration of popular culture planning business) #

(1) Any person who intends to apply for registration of a popular culture planning business under Article 26 (1) of the Act shall submit an application for registration to the Minister of Culture, Sports and Tourism, along with the following documents to verify fulfillment of requirements for registration under Article 26 (2) of the Act: <Amended on Sep. 18, 2018; Jul. 31, 2025>

1. Documents evidencing that there was income earned from engaging in popular culture planning business (limited to cases where a person intends to file for registration of popular culture planning business after meeting the requirements set forth in Article 26 (2) 1 (a) of the Act);

2. Evidentiary documents for work experience in a popular culture planning business issued by an institution or organization determined and publicly notified by the Minister of Culture, Sports, and Tourism, which is established for the development of the culture industry (limited to where he or she has work experience unverifiable by documents referred to in paragraph (1));

3. Documents verifying that the person has completed an educational course related to popular culture planning business (limited to cases where he or she intends to file for registration of a popular culture planning business after meeting the requirements provided in Article 26 (2) 1 (b) of the Act);

4. A copy of a lease agreement or other documents evidencing the right to use an office (limited to the principal office), which shall be submitted only where the office is leased or in similar cases.

(2) The Minister of Culture, Sports, and Tourism, in receipt of an application in paragraph (1), shall verify the certificate of registration of a building, the certificate of incorporation, and the certificate of business registration through administrative data matching under Article 36 of the Electronic Government Act.

(3) If an institution or organization in paragraph (1) 2 intends to issue documents referred to in the same subparagraph, it shall first obtain verification of work experience from an organization designated and publicly notified by the Minister of Culture, Sports, and Tourism among trade associations comprised of popular culture planners.

(4) Where the Minister of Culture, Sports, and Tourism receives an application for registration of a popular culture planning business referred to in paragraph (1) and he or she deems that the contents of application meet each of the requirements for registration, he or she shall issue a certificate of registration of a popular culture planning business (hereinafter referred to as "certificate of registration") to the applicant.

Article 7(Registration of modification of popular culture planning business) #

(1) Where a person whose popular culture planning business is registered under Article 6, modifies any of the following, he or she shall apply for registration of modification within 30 days from the date such cause occurs; provided, such case shall be excluded where subparagraph 1 is modified following the succession to business referred to in Article 30 of the Act:

1. Name of the business person (referring to the name of the representative in cases of a juristic person);

2. Executives, other than a representative, in cases of a juristic person;

3. Location of office (limited to the main office);

4. Company name.

(2) Any person who applies for registration of modification under paragraph (1) shall submit an application for registration of modification, attached with the following documents: <Amended on Sep. 18, 2018>

1. A certificate of registration (excluding where matters pursuant to paragraph (1) 2 are modified);

2. Any of the following documents (limited to cases where the representative of a corporation is changed or matters under subparagraph 2 of paragraph (1) are changed, among matters specified in paragraph (1) 1):

(a) Documents specified in Article 6 (1) 1 and 2 of 1 executive officer who has been engaged in the popular culture planning business for at least 2 years;

(b) Documents under Article 6 (1) 3 of 1 executive officer;

3. A copy of a lease contract of the main office (applicable only where matters in paragraph (1) 3 are modified and the office is leased).

(3) In receipt of an application in paragraph (1), the Minister of Culture, Sports, and Tourism shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the applicant withholds consent for verification of a certificate of business registration, he or she shall append a certificate of business registration:

1. A certificate of registration of a building (applicable only to where matters in paragraph (1) 3 are modified);

2. A certificate of corporate registration;

3. A certificate of business registration (excluding where matters in paragraph (1) 2 are modified).

Article 8(Application for re-issuance of certificate) #

Where any popular culture planner intends to have a certificate reissued as he or she has lost the certificate or the certificate is defaced and unusable, he or she shall submit the Minister of Culture, Sports, and Tourism an application for re-issuance (including applications in electronic form) prescribed by Decree of the Ministry of Culture, Sports, and Tourism, accompanied by the following documents:

1. Where the certificate is lost: Statement of cause for loss;

2. Where the certificate is defaced and unusable: The defaced and unusable certificate.

Article 9(Education of popular culture planners) #

(1) "Matters prescribed by Presidential Decree" in Article 29 (1) of the Act means the following: <Amended on Dec. 8, 2020>

1. Matters related to the subjects, timing, and details of research on actual conditions under Article 5;

2. Matters related to the construction and operation of a comprehensive information system under Article 12;

3. Other matters related to the systems for the operation of popular culture planning business.

(2) "Specialized institutions prescribed by Presidential Decree" in Article 29 (4) of the Act means the following institutions: <Added on Dec. 8, 2020>

1. Korea Creative Content Agency established under Article 31 of the Framework Act on the Promotion of Cultural Industries;

2. Korea Artists Welfare Foundation established under Article 8 of the Artists Welfare Act;

3. Other institutions and organizations determined and publicly notified by the Minister of Culture, Sports and Tourism, from among the institutions and organizations related to the popular culture and arts industry.

[Title Amended on Dec. 8, 2020]

Article 10(Report on temporary closure, permanent closure, and resumption of business) #

A popular culture planner who intends to temporarily close, close down, or resume business after temporary closure pursuant to Article 31 (1) of the Act, shall submit the Minister of Culture, Sports, and Tourism a report (including a report in electronic form) prescribed by Decree of the Ministry of Culture, Sports, and Tourism, accompanied by a certificate of registration (excluding where he or she shall report the resumption of business after temporary closure).

Article 11(Cancellation by authority) #

(1) Where the Minister of Culture, Sports, and Tourism intends to cancel by authority, the registration of a popular culture planner pursuant to Article 31 (2) of the Act who fails to report closure pursuant to Article 31 (1) of the Act, he or she shall verify the following matters:

1. Whether the relevant lease contract is terminated;

2. Whether the business is closed down, such as a report on closure to the competent tax office.

(2) Where the Minister of Culture, Sports, and Tourism intends to cancel registration by authority pursuant to Article 31 (2) of the Act, he or she shall pre-notify a relevant popular culture planner thereof, and preannounce it on the web site of the Ministry of Culture, Sports, and Tourism for at least 20 days.

Article 12(Construction and operation of comprehensive information system) #

(1) The scope and details of information on the popular culture planning business under Article 32 (2) of the Act shall be as listed in the following subparagraphs: <Amended on Sep. 18, 2018>

1. General information on popular culture planning business:

(a) Various statistical data related to popular culture planning business;

(b) Outcomes of research on actual conditions pursuant to Article 18 of the Act;

2. Information on individuals engaged in popular culture planning business:

(a) Work experience of persons engaged in popular culture planning business;

(b) History of registration and registration of modifications of a popular culture planner under Article 26 of the Act;

(c) History of completion of the curricula related to popular culture planning business.

(2) Where a person engaged in popular culture planning business consents to providing information specified in paragraph (1) 2 (a) and (c), the Minister of Culture, Sports, and Tourism shall construct a comprehensive information system under Article 32 (1) of the Act by direct input. <Amended on Sep. 18, 2018>

(3) The Minister of Culture, Sports, and Tourism may request cooperation from a trade association consisting of popular culture planners in order to verify information required under paragraph (1) 2 (a).

Article 13(Detailed standards for administrative disposition) #

The detailed standards for administrative disposition in Article 33 (4) of the Act shall be as listed in Appendix 1.

Article 14(Standards for imposition of penalty surcharges) #

(1) The penalty surcharges replacing disposition of suspension of business pursuant to Article 34 (1) of the Act, may be imposed only where the business of a popular culture planner does not obstruct the creation of a healthy environment in the popular culture and arts industry.

(2) The kinds of violations, for which a penalty surcharge is imposed under Article 34 (1) of the Act and the amount of a penalty surcharge according to the degree of violation shall be as listed in Appendix 2.

(3) The Minister of Culture, Sports, and Tourism may increase or mitigate a penalty surcharge by up to 1/2 of the penalty surcharge in paragraph (2) in consideration of the degree of violations, number of violations, motive for violations, impact of violations, etc.

Article 15(Imposition of penalty surcharges and procedures for payment) #

(1) Where the Minister of Culture, Sports, and Tourism intends to impose a penalty surcharge pursuant to Article 34 (1) of the Act, he or she shall detail the kind of violation, amount of the relevant penalty surcharge, etc. and notify the violator in writing to pay the amount.

(2) A person who has been notified under paragraph (1) shall pay the penalty surcharge to the receiving institution designated by the Minister of Culture, Sports and Tourism within 30 days. <Amended on Dec. 12, 2023>

(3) A receiving agency in receipt of a penalty surcharge pursuant to paragraph (2), shall issue a receipt to the payer.

(4) A receiving agency in receipt of penalty surcharges pursuant to paragraph (2) shall, without delay, notify the Minister of Culture, Sports and Tourism thereof.

(5) The Minister of Culture, Sports, and Tourism shall record and manage matters concerning the imposition and collection of penalty surcharges.

Article 16(Delegation and entrustment of authority) #

(1) Pursuant to Article 38 (1) of the Act, the Minister of Culture, Sports, and Tourism shall delegate the following authority to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor: <Amended on Dec. 8, 2020>

1. Registration and registration of modification pursuant to Article 26 of the Act;

2. Receipt and acceptance of reports on succession to business pursuant to Article 30 (2) of the Act;

3. Receipt and acceptance of reports on temporary closure, closure, and resumption of business pursuant to Article 31 (1) of the Act;

4. Ex officio cancellation of registration pursuant to Article 31 (2) of the Act;

5. Revocation of registration pursuant to Article 33 (1) of the Act;

6. Dispositions of suspension of business pursuant to Article 33 (2) of the Act;

7. Imposition and collection of penalty surcharges (including disposition on default) pursuant to Article 34 (1) and (3) of the Act;

8. Holding hearings pursuant to Article 36 of the Act;

9. Imposing and collecting administrative fines under Article 41 (4) of the Act on and from persons specified in Article 41 (1) 7 and 9 of the Act or persons specified in paragraph (2) 4 and 6 of that Article.

(2) Pursuant to Article 38 (2) of the Act, the Minister of Culture, Sports and Tourism shall entrust the Korea Creative Content Agency (hereinafter referred to as "Agency") in Article 31 of the Framework Act on the Promotion of Cultural Industries, with the following duties:

1. Operation of the Support Center in Article 17 (1) of the Act;

2. Operation of the advisory committee in Article 17 (3) of the Act.

(3) In accordance with Article 38 (2) of the Act, the Minister of Culture, Sports, and Tourism shall entrust the Agency or a trade association composed of popular culture planners with the following business affairs: <Amended on Dec. 8, 2020>

1. Research on actual conditions pursuant to Article 18 of the Act;

2. Education of popular culture planners pursuant to Article 29 (1) of the Act;

3. Construction and operation of a comprehensive information system pursuant to Article 32 of the Act.

Article 16-2(Management of personally identifiable information) #

Where it is inevitable to perform the following duties, the Minister of Culture, Sports and Tourism (where the relevant authority is delegated or entrusted, including a person to whom the authority is delegated or entrusted) may process data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Administrative affairs on the registration of popular culture planning business under Article 26 of the Act;

2. Administrative affairs related to the report of succession of the popular culture planning business under Article 30 of the Act.

[This Article Added on Sep. 18, 2018]

Article 17(Standards for imposition of administrative fines) #

Standards for imposition of administrative fines pursuant to Article 41 (1) and (2) of the Act, shall be as listed in Appendix 3.