Article 1(Purpose) #
This Act aims to establish a foundation for the development of the traditional cultural industry by stipulating matters necessary for the support and development of the traditional cultural industry, thereby contributing to the improvement of the quality of cultural life of the people and the development of the national economy.
Article 2(Definitions) #
The definitions of terms used in this Act shall be as follows:
1. The term "traditional culture" means any of the following, prescribed by Presidential Decree, which are worthy of preservation and development as cultural assets of the Korean people:
a. Traditional arts: Creative expression activities unique to the Korean people, such as traditional dance, traditional music, and traditional art, and the outcomes thereof;
b. Traditional lifestyle: Clothing such as hanbok, food, housing, hanji, traditional games, etc. that are related to the unique real life of the Korean people;
2. The term "traditional cultural products" means tangible and intangible goods (including traditional cultural content, digital traditional cultural content, and multimedia traditional cultural content), services, and complexes thereof that create economic added value in the field of traditional culture;
3. The term "traditional cultural industry" means an industry that plans, develops, produces, distributes and consumes traditional cultural products and provides services related thereto;
4. The term "traditional cultural content" means data or information in the form of symbols, letters, shapes, colors, voices, sounds, images, and videos (including composites of these) that embody traditional cultural elements;
5. The term "digital traditional cultural content" means data or information in the form of symbols, letters, shapes, colors, voices, sounds, images, and videos (including composites thereof) that embody traditional cultural elements, which are produced or processed in digital form to increase the utility of their preservation and use;
6. The term "multimedia traditional cultural content" means a creative work utilizing traditional culture that organically combines media related to symbols, letters, shapes, colors, voices, sounds, images, and videos (including composites thereof) to have new expression and storage functions.
Article 3(Responsibilities of the State and local governments) #
(1) The State and local governments shall formulate and implement various policy measures to promote the traditional cultural industry in accordance with the master plan for promoting the traditional cultural industry according to Article 5.
(2) The State and local governments shall establish a foundation for publicizing the value of traditional culture and promoting the traditional cultural industry, such as securing human resources and organizations necessary and providing budgetary support.
Article 4(Relationship to other statutes) #
Except as otherwise provided for in other Acts, such as the Korean Food Promotion Act and the Act on Value Enhancement of Hanok and Other Architectural Assets, the provisions of this Act shall prevail with respect to the promotion and support, etc. of the traditional cultural industry.
Article 5(Formulation and implementation of master plans for promotion of traditional cultural industry) #
(1) The Minister of Culture, Sports and Tourism shall formulate and implement a master plan for the promotion of traditional cultural industry (hereinafter referred to as the "master plan") every 5 years to promote the traditional cultural industry.
(2) The master plan shall include the following matters:
1. Mid- to long-term basic direction-setting for promoting the traditional cultural industry;
2. Matters concerning the improvement of systems and the statutes and regulations for the promotion of the traditional cultural industry;
3. Matters concerning the policy for fostering the traditional cultural industry by sector;
4. Matters concerning the training of professionals in the traditional cultural industry;
5. Matters concerning research and development of technologies related to the traditional cultural industry;
6. Matters concerning support for start-ups and production for the promotion of traditional cultural industry;
7. Matters concerning the quality improvement of traditional cultural goods and the revitalization of the distribution thereof;
8. Matters concerning the collection, development, and use of traditional cultural content, digital traditional cultural content, and multimedia traditional cultural content;
9. Matters concerning international exchange and overseas expansion of traditional cultural industries;
10. Matters concerning the establishment of a foundation for revitalizing the traditional cultural industry;
11. Other matters necessary for the promotion of traditional cultural industry.
(3) The Minister of Culture, Sports and Tourism shall formulate and implement a detailed action plan (hereinafter referred to as "action plan") each year in accordance with the master plan.
(4) When the Minister of Culture, Sports and Tourism formulates a master plan and an action plan, he or she shall consult in advance with the heads of relevant central administrative agencies, such as the Minister of Agriculture, Food and Rural Affairs and the Minister of Land, Infrastructure and Transport.
(5) The Minister of Culture, Sports and Tourism may request the heads of relevant central administrative agencies, the heads of local governments, or relevant institutions, corporations, organizations, or private enterprises to provide cooperation, if necessary for formulating and implementing the master plan and implementation plans. Upon receipt of such request, the heads of central administrative agencies, the heads of local governments, and the heads of public institutions under the Act on the Management of Public Institutions shall comply therewith, unless there is a compelling reason not to do so.
Article 6(Fact-finding survey) #
(1) The Minister of Culture, Sports and Tourism shall regularly conduct a fact-finding survey on the traditional cultural industry in order to formulate and implement policies for the promotion of traditional cultural industry.
(2) The Minister of Culture, Sports and Tourism may request the heads of relevant central administrative agencies, the heads of local governments, and institutions, corporations, organizations, and private enterprises related to the traditional cultural industry to provide cooperation, if necessary for conducting a fact-finding survey under paragraph (1). Upon receipt of such request, they shall comply therewith, unless there is special reason not to do so.
(3) Necessary matters concerning the timing, subjects, methods, etc. of a fact-finding survey under paragraph (1) shall be prescribed by Presidential Decree.
Article 7(Training of professionals) #
(1) The State and local governments may support projects for the training of experts in related fields in order to promote the traditional cultural industry.
(2) The Minister of Culture, Sports and Tourism may designate research institutes, universities, and other institutions as the professional training institutions for traditional cultural industry, to train professional human resources under paragraph (1), as prescribed by Presidential Decree.
(3) The Minister of Culture, Sports and Tourism may fully or partially subsidize the professional training institutions for traditional cultural industry designated pursuant to paragraph (2) within budgetary limits to cover expenses incurred in training professionals, as prescribed by Presidential Decree; provided, if support for projects falls under Article 7-2 (3) of the Higher Education Act, he or she shall consult with the Minister of Education thereon.
(4) The Minister of Culture, Sports and Tourism may revoke the designation of a professional training institution for traditional cultural industry designated pursuant to paragraph (2) in any of the following cases; provided, in cases falling under subparagraph 1, the designation shall be revoked:
1. If it is designated by fraud or other improper means;
2. If the designation criteria under paragraph (2) are no longer satisfied;
3. If the curriculum or content related to training professional human resources is extremely poor;
4. If it fails to continue education and training for more than one year without a justifiable reason.
(5) Matters necessary for the procedures for designation and revocation of designation pursuant to paragraphs (2) and (4) shall be prescribed by Presidential Decree.
Article 8(Promotion of research and development) #
(1) The State and local governments may promote the following research and development projects to promote the traditional cultural industry:
1. Research on trends and demand for technology related to the traditional culture industry;
2. Research and study for the promotion, overseas expansion, and systematization of traditional cultural industry;
3. Cooperation and information exchange related to the traditional cultural industry;
4. Entitlement to technology related to the traditional cultural industry and commercialization thereof;
5. Other matters necessary for the promotion of traditional cultural industry.
(2) The Minister of Culture, Sports and Tourism may support the development of technologies necessary for the industrialization of traditional cultural products, such as materials, ingredients and processing techniques to improve the quality of traditional cultural products.
(3) Matters necessary regarding the target, method, and procedure of support according to paragraphs (1) and (2) shall be prescribed by Presidential Decree.
Article 9(Promotion of standardization) #
(1) The Minister of Culture, Sports and Tourism may recommend standardization to business entities related to traditional culture industry regarding the specifications of traditional culture products and other matters prescribed by Presidential Decree.
(2) If it is necessary to promote standardization under paragraph (1), the Minister of Culture, Sports and Tourism may designate specialized institutions and organizations related to traditional cultural products to have them carry out standardization projects and may subsidize relevant institutions or organizations to cover all or part of the costs for standardization projects.
Article 10(Quality control) #
(1) The Minister of Culture, Sports and Tourism may operate a quality control system, such as a quality labeling system for traditional cultural products, to promote the standardization of traditional cultural industries, improve the quality of traditional cultural products, and promote the rights and interests of consumers.
(2) The items, standards, labeling methods, and other necessary matters regarding quality labeling under paragraph (1) shall be prescribed by Presidential Decree.
Article 11(Support for startups and production) #
(1) The State and local governments may provide necessary support to promote the business start-up related to the traditional cultural industry and for the growth and development of entrepreneurs.
(2) The State and local governments may provide necessary support to promote the production of traditional cultural products.
Article 12(Revitalization of distribution and promotion of investment) #
(1) The State and local governments shall endeavor to promote the distribution of traditional cultural products, such as modernizing the distribution structure.
(2) The State and local governments may support joint purchase and joint sales business of cooperatives related to the traditional cultural industry established pursuant to the Small and Medium Enterprise Cooperatives Act or the Framework Act on Cooperatives.
(3) The State and local governments shall make necessary efforts to promote investment in traditional cultural industries, such as providing information on financial support and arrangement.
Article 13(Convergence of traditional cultural industries) #
(1) In order to develop the traditional cultural industry, the government shall prepare policy measures necessary for the convergence or linkage of traditional cultural industry with modern design, industry, and technologies.
(2) The Minister of Culture, Sports and Tourism shall formulate and promote policies to promote the collection, development, utilization, and distribution of traditional cultural content, digital traditional cultural content, and multimedia traditional cultural content.
(3) The Minister of Culture, Sports and Tourism may, if necessary for the convergence or linkage under paragraph (1), request the heads of relevant central administrative agencies, the heads of local governments, and institutions, corporations, organizations, and private enterprises related to the traditional cultural industries to provide cooperation. Upon receipt of such request, the heads of central administrative agencies, the heads of local governments, and the heads of public institutions under the Act on the Management of Public Institutions shall comply therewith, unless there is a compelling reason not to do so.
Article 14(Revitalization of international exchanges and overseas expansion) #
The State and local governments may provide support to facilitate international exchanges and advance into overseas markets in order to promote the traditional cultural industry.
Article 15(Designation of dedicated institutions) #
(1) The Minister of Culture, Sports and Tourism may designate an institution exclusively in charge of projects for promoting traditional cultural industry (hereinafter referred to as “dedicated institution”) to efficiently carry out projects necessary for the promotion of traditional cultural industry.
(2) A dedicated institution shall conduct the following business:
1. Research, study, development and support for the traditional cultural industry;
2. Distribution, exhibition, promotion and support for revitalizing the traditional cultural industry;
3. Support for international exchange and overseas expansion of the traditional cultural industry;
4. Other projects deemed necessary by the Minister of Culture, Sports and Tourism to achieve the designated purpose of the dedicated institution.
(3) The Minister of Culture, Sports and Tourism may revoke the designation or order corrective measures if the dedicated institution falls under any of the following subparagraphs; provided, in the case of subparagraph 1, the designation shall be revoked:
1. If it is designated by fraud or other improper means;
2. If it fails to meet the requirements for designation;
3. If it cannot perform the business affairs of a dedicated institution on serious public interest grounds.
(4) The Minister of Culture, Sports and Tourism may subsidize a dedicated institution to cover expenses necessary for its operation within budgetary limits.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the requirements for designation of a dedicated institution, revocation of designation, subsidization of expenses, etc. shall be prescribed by Presidential Decree.
Article 16(Securing of traditional cultural industry infrastructure) #
The State and local governments shall endeavor to secure the infrastructure for the traditional cultural industry, such as the expansion of support facilities for the promotion of the traditional cultural industry and the creation of complexes and districts.
Article 17(Fostering of regionally specialized traditional cultural products) #
(1) The State and local governments may subsidize a person who engages in or intends to engage in the business of producing local specialized traditional cultural products to cover necessary expenses for the development and production, sales, export promotion of the local specialized traditional cultural products and other matters prescribed by Presidential Decree.
(2) The State and local governments shall endeavor to develop regionally specialized traditional cultural industry in conjunction with local cultural tourism, education, and experience programs of the region.
Article 18(Revitalization of experience programs in traditional cultural industry) #
The State and local governments may implement projects related to the development and operation of experience programs of traditional cultural industries and the establishment of experience and education spaces in order to revitalize the experience industries with the main content of traditional cultural industries.
Article 19(Discovery of exemplary cases and awarding) #
The State and local governments may provide necessary support, such as discovering and awarding exemplary cases that have contributed to the promotion of the traditional cultural industries through the daily use, industrialization, and globalization of traditional cultural industries.
Article 20(Delegation and entrustment of authority) #
(1) The Minister of Culture, Sports, and Tourism may delegate part of the authority bestowed under this Act to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governor, as prescribed by Presidential Decree.
(2) Part of the business affairs of the Minister of Culture, Sports under this Act may be entrusted to a dedicated institution, as prescribed by Presidential Decree.
Article 21(Legal fiction as public officials in application of penalty provisions) #
In applying Articles 129 through 132 of the Criminal Act, the executive officers and employees of dedicated institutions who are engaged in business affairs entrusted by the Minister of Culture, Sports and Tourism pursuant to Article 20 (2) shall be regarded as public officials.