Article 1(Purpose) #
The purpose of this Act is to provide for matters necessary to support cultural and artistic activities of artists with disabilities, and thereby promote their cultural and artistic activities and contribute to the improvement of their quality of life.
Article 2(Fundamental Concepts) #
(1) Artists with disabilities shall be treated with due respect as beings that contribute to the realization of a culturally rich country and improvement of the quality of life of the people.
(2) Artists with disabilities shall be guaranteed opportunities to engage and participate in artistic activities according to their respective abilities and will.
Article 3(Definitions) #
The terms used in this Act are defined as follows:
1. The term “artist with a disability” means any of the persons described below who is engaged in cultural and artistic activities as defined in Article 2 (1) 1 of the Culture and Arts Promotion Act for business purposes, as prescribed by Presidential Decree:
(a) A person who holds a registration certificate for a person with disabilities issued under Article 32 of the Act on Welfare of Persons with Disabilities;
(b) A person determined to be entitled to a disability rating classified under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
2. The term “cultural facility” means a facility specified in Article 2 (1) 3 of the Culture and Arts Promotion Act.
Article 4(Relationship to Other Statutes) #
Unless otherwise provided in other statutes, support for cultural and artistic activities of artists with disabilities shall be governed by this Act.
Article 5(Responsibilities of the State and Local Governments) #
(1) The State and local governments shall develop comprehensive policies to promote the cultural and artistic activities of artists with disabilities, and implement such policies.
(2) The State and local governments shall make a budget appropriation for fulfilling their duties under paragraph (1), and prepare administrative and financial support plans.
Article 6(Formulation of Master Plan) #
(1) The Minister of Culture, Sports and Tourism shall, every five years, formulate and implement a master plan for supporting the cultural and artistic activities of artists with disabilities (hereinafter referred to as “master plan”), after deliberation by the Committee for Support of Cultural and Artistic Activities of Artists with Disabilities established under Article 7.
(2) A master plan shall include the following information: <Amended on Sep. 27, 2022>
1. Basic goals and directions for encouraging cultural and artistic activities of artists with disabilities;
2. Support for creative, exhibition, and performance activities of artists with disabilities;
2-2. Facilitation of public relations and distribution of creative works, such as craft products and performances, produced by artists with disabilities (hereinafter referred to as "creative works");
3. Support for arts and culture education for artists with disabilities;
4. Support for employment of artists with disabilities;
5. Enhancing accessibility to cultural facilities for artists with disabilities;
6. Raising public awareness of cultural and artistic activities of artists with disabilities;
7. Establishment and operation of a cooperative network for cultural and artistic activities of artists with disabilities;
8. Research on plans for promoting cultural and artistic activities of artists with disabilities;
9. Other matters necessary to promote cultural and artistic activities of artists with disabilities.
(3) The Minister of Culture, Sports and Tourism and the heads of local governments shall establish and implement an annual implementation plan (hereinafter referred to as “implementation plan”) in accordance with the master plan.
(4) The Minister of Culture, Sports and Tourism and the heads of local governments may, if deemed necessary to formulate a master plan or an implementation plan, require that relevant administrative agencies, local governments, and institutions or organizations relating to support for cultural and artistic activities of artists with disabilities submit data or express opinions, etc. In such cases, the relevant administrative agencies, etc. receiving such a request shall comply with it unless there is a compelling reason not to do so.
Article 7(Establishment of Committee for Support of Cultural and Artistic Activities of Artists with Disabilities) #
(1) There shall be established a Committee for Support of Cultural and Artistic Activities of Artists with Disabilities (hereinafter referred to as the “Committee”) under the jurisdiction of the Minister of Culture, Sports and Tourism to deliberate on major matters relating to support for cultural and artistic activities of artists with disabilities.
(2) The Committee shall consist of at least 10, but not more than 15 members, including one Chairperson, who shall be elected from among and by the members.
(3) Members shall be appointed or commissioned by the Minister of Culture, Sports and Tourism, from among public officials of the relevant central administrative agencies and persons with much expertise, experience and virtue in the field of arts made by persons with disabilities.
(4) Each member shall hold office for a term of three years and may serve consecutively for further terms.
(5) Other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.
Article 8(Investigation of Actual Conditions) #
(1) The Minister of Culture, Sports and Tourism shall, every three years, investigate the actual conditions of cultural and artistic activities of artists with disabilities and publish the results of the investigation, and use them as baseline data for making policies to support cultural and artistic activities of artists with disabilities.
(2) The Minister of Culture, Sports and Tourism may, if necessary for an investigation under paragraph (1), require that the head of a relevant central administrative agency, the head of a local government, or the head of a public institution defined in Article 4 of the Act on the Management of Public Institutions provide relevant data. In such cases, the head of a relevant central administrative agency, etc. receiving such a request for data shall comply with it unless there is a compelling reason not to do so.
(3) The Minister of Culture, Sports and Tourism may require an artist with disabilities, etc. to submit data or information, or to express his or her opinions, if necessary to conduct an investigation under paragraph (1).
(4) Necessary matters regarding the details, scope and procedure of an investigation of actual conditions under paragraph (1) shall be prescribed by Presidential Decree.
Article 9(Support for Cultural and Artistic Activities of Artists with Disabilities) #
The State and local governments shall develop policy measures to support the cultural and artistic activities of artists with disabilities.
Article 9-2(Preferential Purchase of Creative Works by Artists with Disabilities) #
(1) The State, local governments, and public institutions under Article 4 of the Act on the Management of Public Institutions (hereafter in this Article referred to as "public institutions") shall take measures necessary for the preferential purchase of creative works produced by artists with disabilities.
(2) The State or local governments may provide necessary support, such as financial support within the budget, to institutions, etc. that make preferential purchases pursuant to paragraph (1).
(3) Matters necessary for preparing measures for preferential purchase, such as the scope of public institutions and kinds of creative works under paragraph (1), shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Sep. 27, 2022]
Article 10(Expansion of Participation of Artists with Disabilities) #
The State and local governments shall make efforts to expand the participation of artists with disabilities in cultural and artistic activities that involve broadcasts, films, publishing, exhibitions, and performances.
Article 11(Support for Employment of Artists with Disabilities) #
(1) The State and local governments shall conduct education, advertising and public relations campaigns for business owners and citizens to improve public awareness of persons with disabilities on a continuous basis, in order to improve the employment opportunities of artists with disabilities.
(2) Business owners may hire artists with disabilities to support their creative activities. In such cases, the State and local governments may provide part of the money necessary to defray the expenses, within the budget.
Article 12(Enhancing Accessibility to Cultural Facilities for Artists with Disabilities) #
(1) The State and local governments shall make efforts to improve performance halls and other cultural facilities in a manner that artists with disabilities will not have difficulties in engaging in cultural and artistic activities.
(2) The State and local governments may provide operators of cultural facilities, etc. with all or part of the money to defray the expenses necessary for improving the accessibility of artists with disabilities to cultural facilities, as prescribed by Presidential Decree.
Article 13(Support for Organizations Relating to Artists with Disabilities) #
The State and local governments may provide money to cover the expenses incurred by organizations relating to artists with disabilities in performing their functions.
Article 14(Designation of Dedicated Institutions) #
(1) The Minister of Culture, Sports and Tourism may designate an institution dedicated to exclusively dealing with affairs related to support for cultural and artistic activities of artists with disabilities (hereinafter referred to as “dedicated authority”) for efficiently undertaking projects to support cultural and artistic activities of artists with disabilities.
(2) A dedicated institution shall undertake the following projects:
1. Projects entrusted under Article 15 (2);
2. Other projects deemed necessary by the Minister of Culture, Sports and Tourism to achieve the purposes of designation of the dedicated institution.
(3) The Minister of Culture, Sports and Tourism may revoke the designation or issue a correction order, if a dedicated institution falls within any of the following categories: Provided, That in the case of subparagraph 1, the Minister shall revoke its designation:
1. If it obtains designation by fraud or other improper means;
2. If it fails to meet the designation requirements;
3. If it is no longer able to perform the functions of a dedicated authority on serious public interest grounds.
(4) The Minister of Culture, Sports and Tourism may provide money necessary to defray the expenses of operation of a dedicated institution, within the budget.
(5) Matters necessary for the designation requirements, revocation of designation and financial support for dedicated institutions, other than those provided in paragraphs (1) through (4), shall be prescribed by Presidential Decree.
Article 15(Delegation and Entrustment of Authority) #
(1) The Minister of Culture, Sports and Tourism may delegate part of the authority vested in him or her under this Act to the head of a local government, as prescribed by Presidential Decree.
(2) The State and a local government may entrust part of the functions granted to it under this Act to a relevant institution, corporation, organization, as prescribed by Presidential Decree.