ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF ANIMATION INDUSTRY

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Act on the Promotion of Animation Industry and matters necessary for its enforcement.

Article 2(Standards for Recognition of Korean Animation) #

(1) The term “criteria prescribed by Presidential Decree” in subparagraph 3 of Article 2 of the Act on the Promotion of Animation Industry (hereinafter referred to as the “Act”) refers to the following criteria:

1. Korean citizens shall have participated in major planning and production sections;

2. Facilities or equipment manufactured in the Republic of Korea shall have been used in the animation production process;

3. The theme or content of the animation shall not harm the overall artistic value of the Republic of Korea;

4. The production costs invested by animation producers (including corporations) with their main business office in Korea shall be at or above the ratio determined and publicly notified by the Minister of Culture, Sports and Tourism.

(2) Notwithstanding paragraph (1), animations recognized as domestically produced animations according to the criteria for classification under Article 57 (7) of the Enforcement Decree of the Broadcasting Act shall be deemed Korean animations under subparagraph 3 of Article 2 of the Act.

(3) Except as provided in paragraph (1), details regarding the standards for recognition of Korean animation shall be determined and publicly notified by the Minister of Culture, Sports and Tourism.

Article 3(Standards for Recognition of Co-Produced Animation) #

(1) The criteria for recognition of co-produced animation under subparagraph 4 of Article 2 of the Act shall be as follows:

1. The production costs invested by Korean animation producers shall be or above the ratio determined and publicly notified by the Minister of Culture, Sports and Tourism;

2. Korean animation producers shall have all or part of the copyright property rights under Article 10 (1) of the Copyright Act regarding co-produced animation;

3. Korean animation producers shall have participated in major planning and production sections of co-production animation.

(2) Except as provided in paragraph (1), details regarding the standards for recognition of co-produced animation shall be determined and publicly notified by the Minister of Culture, Sports and Tourism.

Article 4(Formulation of Basic Plan) #

(1) When the Minister of Culture, Sports and Tourism formulates a basic plan for the promotion of the animation industry pursuant to Article 4 (1) of the Act (hereinafter referred to as the “basic plan”), the Minister of Culture, Sports and Tourism shall request for necessary cooperation from the institutions and organizations related to the matters specified in each subparagraph of paragraph (2) of the same Article, such as submission of data.

(2) Upon formulation of a master plan, the Minister of Culture, Sports and Tourism shall give notice thereof to the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor and Special Self-Governing Province Governor.

Article 5(Support for Animation Industry) #

The Minister of Culture, Sports and Tourism may provide funds and loans for the following projects within the budget in accordance with Article 5 (2) of the Act:

1. Cultivating and protecting animation creation;

2. Fostering enterprises (including self-employed creative enterprises under Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises) in the animation industry;

3. Survey of the animation creation environment and actual conditions of the animation industry;

4. Production and distribution of animation;

5. Development of animation technology;

6. Collection, preservation, restoration and utilization of animation materials;

7. Other projects necessary for revitalizing the creation of animation and fostering and protecting the animation industry.

Article 6(Designation of Training Institutions for Professionals in Animation Industry) #

(1) The Minister of Culture, Sports and Tourism or the head of a local government may designate any of the following institutions, facilities, or organizations as the animation industry professional training institutions (hereinafter referred to as "training institutions") in accordance with Article 6 (2) of the Act: <Amended on Feb. 17, 2022>

1. Schools operating animation-related curriculum among schools defined in Article 2 of the Higher Education Act;

2. Vocational skills development training establishments defined in subparagraph 3 of Article 2 of the National Lifelong Vocational Skills Development Act;

3. The Korea Creative Content Agency as defined in Article 31 of the Framework Act on Promotion of Cultural Industries (hereinafter referred to as “Korea Creative Content Agency”);

4. Any of the following facilities or organizations that operate animation-related educational courses:

(a) Facilities for culture and arts education defined in subparagraph 3 of Article 2 of the Culture and Arts Education Support Act;

(b) Organization for culture and arts education define in subparagraph 4 of Article 2 of the Culture and Arts Education Support Act;

5. A non-profit corporation established for the main purpose of promoting the animation industry pursuant to Article 32 of the Civil Act;

6. Other institutions, facilities or organizations established for the purpose of promoting the animation industry, as determined and publicly notified by the Minister of Culture, Sports and Tourism.

(2) Any person who wishes to be designated as a training institution pursuant to Article 6 (2) of the Act shall submit a designation application in the form prescribed by Ordinance of the Ministry of Culture, Sports and Tourism along with documents stating the following matters to the Minister of Culture, Sports and Tourism or the head of a local government:

1. Training performance and plan for the animation industry-related professionals;

2. A plan for organizing the curriculum (including on-the-job training);

3. Current status of instructors and other teaching staff;

4. Current status of facilities and equipment necessary for training professionals related to the animation industry;

Article 7(Scope of Key Telecommunications Business Entities) #

(1) The term "persons prescribed by Presidential Decree" in Article 9 (1) 1 of the Act refers to the business operators providing telephone services, telecommunications line rental services, services provided by allocating frequencies, Internet access services, or Internet telephone services, among the common telecommunications services defined in subparagraph 11 of Article 2 of the Telecommunications Business Act.

(2) In Article 9 (1) 2 of the Act, “person prescribed by Presidential Decree” means a business operator who provides value-added telecommunications service pursuant to subparagraph 12 of Article 2 of the Telecommunications Business Act (excluding business entities deemed to have filed a report in accordance with Article 22 (4) 1 of the same Act), and a business operator that provides a special type of value-added telecommunications service pursuant to subparagraph 13 of Article 2 of the same Act.

Article 8(Support for International Cooperation and Overseas Expansion) #

(1) Pursuant to Article 11 (2) of the Act, the Minister of Culture, Sports and Tourism may entrust or commission the projects referred to in each subparagraph of paragraph (1) of the aforesaid Article to any of the following institutions or organizations:

1. A non-profit corporation established for the main purpose of promoting the animation industry in accordance with Article 32 of the Civil Act and carrying out work related to international cooperation and overseas expansion of animation;

2. The Korea Creative Content Agency;

3. Other institutions or organizations related to the animation industry determined and publicly notified by the Minister of Culture, Sports and Tourism.

(2) When the Minister of Culture, Sports and Tourism entrusts or commissions a project pursuant to paragraph (1), he or she shall publicly notify the institution or organization entrusted or commissioned with the project and the details of the project.

Article 9(Designation of Institutions for Intellectual Property Protection) #

(1) Pursuant to Article 12 (3) of the Act, the Minister of Culture, Sports and Tourism may designate any of the following institutions or organizations to promote the projects specified in each subparagraph of paragraph (2) of the same Article:

1. A non-profit corporation established for the main purpose of promoting the animation industry pursuant to Article 32 of the Civil Act;

2. The Korea Copyright Commission under Article 112 of the Copyright Act or the Korea Copyright Protection Agency under Article 112-2 of the same Act;

3. Korea Creative Content Agency.

(2) When the Minister of Culture, Sports and Tourism designates any institution or organization to promote the projects specified in each subparagraph of Article 12 (2) of the Act pursuant to paragraph (1), he or she shall publicly notify the institution or organization designated to promote the projects and the details of the projects.

Article 10(Subjects of Statistical Compilation) #

(1) Statistics related to the animation industry pursuant to Article 15 (1) of the Act shall include the following matters:

1. Current status of the animation industry market;

2. Export and import status of the animation industry;

3. Current status and supply and demand of manpower in the animation industry;

4. Current status and operational conditions of facilities related to the animation industry;

5. Trends and outlook of the domestic and international animation industry;

6. Other matters deemed necessary by the Minister of Culture, Sports and Tourism to effectively establish and implement policies to foster and support the animation industry.

(2) The Minister of Culture, Sports and Tourism may commission institutions or organizations with expertise in research related to the animation industry to compile and manage statistics in accordance with Article 15 (1) of the Act.

Article 11(Formation and Operation of the Animation Promotion Committee) #

(1) The members of the Animation Promotion Committee (hereinafter referred to as "the Committee") established in accordance with Article 16 of the Act shall be appointed by the Minister of Culture, Sports and Tourism from among those who meet any of the following criteria:

1. A person who has obtained a degree in the field of animation from a university defined in subparagraph 1 of Article 2 of the Higher Education Act and has been or had been employed for at least 5 years, as an associate professor or in an equivalent or higher position at a school or accredited research institute as listed in each subparagraph of the same Article;

2. A person who has been or had been engaged in the animation-related field for at least 10 years;

3. Any other person recognized by the Minister of Culture, Sports and Tourism as having extensive expertise and experience in animation-related fields.

(2) In order to organize the Committee, the Minister of Culture, Sports and Tourism may request the relevant administrative agencies, animation-related institutions or organizations, etc. to recommend the members of the Committee.

(3) When the chairperson of the Committee (hereinafter referred to as “chairperson”) is unable to perform his or her duties due to unavoidable reasons, the vice chairperson shall perform his or her duties on his or her behalf, and when both the chairperson and the vice-chairperson are unable to perform their duties due to unavoidable reasons, the members shall perform his or her duties by proxy in the order of seniority.

(4) The chairperson shall convene and preside over meetings of the Committee.

(5) A committee meeting shall require the presence of a majority of the incumbent members, and any decision thereof shall require the concurring vote of a majority of those present.

(6) A Committee member present at a meeting may be paid allowances, travel expenses, and other associated expenses, within budgetary limits.

(7) Matters necessary for the composition and operation of the Committee, other than those prescribed in paragraphs (1) through (6), shall be subject to resolution of the Committee and determined by the chairperson.

Article 12(Dismissal of Members) #

The Minister of Culture, Sports and Tourism may dismiss a committee member if he or she falls under any of the following:

1. In cases where a person is unable to perform their duties due to mental or physical disability;

2. In cases where the member has engaged in misconduct in relation to the performance of duties;

3. In cases where it is deemed inappropriate for a member to maintain their position due to neglect of duty, damage to dignity, or other reasons;

4. In cases where he or she personally expresses his or her intent that fulfilling duties is difficult.

Article 12-2(Re-Examination of Regulations) #

The Minister of Culture, Sports, and Tourism shall examine the appropriateness of the designated institutions for the training of professionals in the animation industry every 3 years, starting from January 1, 2022 (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.

[This Article Newly Inserted on Mar. 8, 2022]

Article 13(Standards for Imposition of Administrative Fines) #

The standards for imposing administrative fines under Article 19 (1) and (2) of the Act are as set forth in the attached table.