Law Viewer

Back Home

ENFORCEMENT DECREE OF THE ACT ON PRESS ARBITRATION AND REMEDIES, ETC. FOR DAMAGE CAUSED BY PRESS REPORTS

Presidential Decree No. 18974, Jul. 27, 2005

Amended by Presidential Decree No. 20676, Feb. 29, 2008

Presidential Decree No. 21663, Aug. 5, 2009

Presidential Decree No. 24186, Nov. 20, 2012

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 25853, Dec. 16, 2014

Presidential Decree No. 27751, Dec. 30, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 1-2 (Publications Excluded from Internet News Service)
"Other electronic publications prescribed by Presidential Decree" in the proviso to subparagraph 18 of Article 2 of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter referred to as the "Act") means electronic publications which a business operator other than a supplementary communications business operator under the Telecommunications Business Act continues to provide or intermediate press articles through the Internet.
[This Article Newly Inserted by Presidential Decree No. 21663, Aug. 5, 2009]
 Article 2 (Publication of Matters Related to Ombudsman)
Where a press organization intends to publish the qualification, the status of activities, etc. of an ombudsman belonging thereto pursuant to Article 6 (4) and (5) of the Act, it shall do so by posting such qualification, the status of activities, etc. in a newspaper issued or website managed by the organization.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 3 (Commission, etc. of Successor of Arbitration Commissioner Resigning from His/Her Office)
(1) If an arbitration commissioner who belongs to the Press Arbitration Commission established pursuant to Article 7 (1) of the Act (hereinafter referred to as the "Arbitration Commission") resigns from his/her office or retires therefrom ipso facto, the Minister of Culture, Sports and Tourism shall commission a successor within 30 days after such resignation or retirement.
(2) The term of office of a successor shall be the remainder of his/her predecessor’s term of office.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 4 (Payment of Allowances, etc. to Arbitration Commissioners)
Allowances and other actual expenses shall be paid pursuant to the proviso to Article 7 (10) of the Act within budgetary limits, as determined by the Arbitration Commission.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 5 (Methods, etc. of Filing Applications for Exclusion or Challenge)
(1) A person who intends to file an application for exclusion of or challenge to an arbitration commissioner or a staff member participating in conciliation or arbitration pursuant to Article 10 (2), (3) and (7) of the Act shall do so either in writing with the relevant arbitral tribunal to which the arbitration commissioner belongs or with the relevant arbitral tribunal which has jurisdiction over the relevant case, or orally after attending himself/herself on the date for conciliation or arbitration.
(2) Where an application for exclusion or challenge is filed under paragraph (1), the reasons therefor shall be specified in detail.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 6 (Rejection, etc. of Application for Exclusion or Challenge)
(1) If an application for exclusion or challenge is contrary to the methods of application under Article 5, or if it is obvious that such application aims to delay conciliation, etc., an arbitral tribunal falls under any of following cases shall reject it by decision. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
1. In cases of an application for exclusion: an arbitral tribunal to which any relevant arbitration commissioner or staff belong;
2. In cases of an application for challenge: an arbitral tribunal which the Chairperson of the Arbitration Commission nominates pursuant to Article 10 (4).
(2) An excluded or challenged arbitration commissioner or staff member participating in conciliation or arbitration procedure may present his/her written opinion concerning an application for such exclusion or challenge. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
 Article 7 (Suspension of Conciliation, Arbitration, etc.)
(1) If an application for exclusion is filed pursuant to Article 10 (2) of the Act, an arbitral tribunal to which the relevant arbitration commissioner belongs shall suspend conciliation or arbitration procedures until a decision on such application is made.
(2) If an application for exclusion or challenge is filed pursuant to Article 10 (2) or (3) of the Act, the period from the date of such application to the date of a decision thereon shall not be included in the conciliation disposal period and the ex officio conciliation disposal period under Article 19 (2) and the latter part of Article 22 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 8 (Consultation on Budget, etc.)
In compiling the budget and preparing service plans requiring subsidies from the National Treasury in accordance with Article 12 of the Act, the Arbitration Commission shall consult with the Minister of Culture, Sports and Tourism in advance.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 9 (Publication of Report, etc.)
(1) A person who suffers any damage due to a report or medium (hereinafter referred to as "press report, etc.") conducted by the press, an Internet news service, or an Internet multimedia broadcasting may, for the purpose of requiring the relevant press organization, etc. to report a corrected news pursuant to the main sentence of Article 14 (1) of the Act, make an application to the relevant press, Internet news service provider, or Internet multimedia broadcasting business operator (hereinafter referred to as "press organization, etc.") for any perusal or duplication of the original or copy or of electronic records on the arrangement of the relevant press report, etc. published by such press organization, etc.
(2) A press organization, etc. in receipt of an application under paragraph (1) shall comply therewith, unless a person who suffers any damage requests any perusal or duplication of materials irrelevant to such damage, or any other justifiable reason exists to refuse such request. In such cases, expenses incurred in making any duplicate thereof may be paid to the press organization, etc., and such press organization shall publish standards for determination of the expenses on its website.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 10 (Methods of Notifying Whether to Accept)
If the representative of a press organization, etc. gives a notice on whether to accept a request for a report on a corrected statement under the former part of Article 15 (2) of the Act, he/she shall do so by any swift means, such as an e-mail or domestic express mail.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 11 (Contents of Written Consultation)
The consultation on the contents, size, etc. of a report on a corrected news under Article 15 (3) of the Act shall include the frequency of the report and the page or broadcast program in which the written report is included, in addition to the contents and size of the written report to be published.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 11-2 (Preservation of Records on Arrangement of Online Newspapers and Internet News Services)
(1) Any electronic record on arrangement of reports by an online newspaper or Internet news service which shall be preserved pursuant to Article 15 (8) of the Act (hereinafter referred to as "electronic record on arrangement") shall be any electronic record on articles falling under any of following:
1. In cases of an online newspaper business operator, articles on the front page of the relevant online newspaper site;
2. In cases of an Internet news service provider, any of the following articles:
(a) Articles on the front page of the Internet news service provided by the relevant Internet news service provider;
(b) Articles on the front page which is located on the top level of the linked pages of a site in which the relevant Internet news service provider links articles of the press and provides them comprehensively.
(2) Regarding any article provided in paragraph (1), any electronic record on arrangement shall include the following matters:
1. The name of the article and the name of the relevant press organization;
2. The location on arrangement of articles in the relevant page;
3. The very first time shown on the page and the time the relevant article deleted.
(3) Any person obligated to preserve electronic records on arrangement pursuant paragraphs (1) and (2) shall be an online newspaper business operator or Internet news service provider who provides a relevant service, the number of users of which is at least 100,000 daily users on the average during the immediately preceding three months as at the end of the previous year.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 12 (Applications for Submission to Conciliation by Electronic Documents, etc.)
(1) A person who intends to make an application for the submission to conciliation by means, such as electronic documents, etc., under Article 18 (3) of the Act shall submit the application created by a computerized information processing system.
(2) An application submitted through a computerized information processing system under paragraph (1) shall be considered to be registered at the time the electronic record of such application is created in the computerized information processing system.
(3) The Arbitration Commission shall establish and manage a computerized information processing system which is needed to manage and use electronic documents, etc. under paragraph (1).
(4) The Chairperson of the Arbitration Commission may request an applicant who has made his/her application for submission to conciliation under paragraph (1) to submit materials to verify the applicant's identity.
(5) Matters necessary for an application for submission to conciliation, management and use of electronic documents, and operation of a computerized information processing system other than provisions under paragraphs (1) through (4) shall be prescribed by the rules of the Arbitration Commission.
[This Article Wholly Amended by Presidential Decree No. 21663, Aug. 5, 2009]
 Article 13 (Failure of Agreement)
"The date on which an agreement between the aggrieved party and the relevant press organization, etc. has failed." in Article 18 (3) of the Act means the date on which the aggrieved party receives a document clearing stating that the relevant press organization, etc. rejects his/her request.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 14 Deleted. <by Presidential Decree No. 21663, Aug. 5, 2009>
 Article 15 (Withdrawal of Applications for Arbitration)
(1) A person who makes an application for arbitration may withdraw all or part of such application with the consent of the other party until an arbitral award is made.
(2) Where a person who makes an application for arbitration intends to withdraw such application, he/she shall submit a document stating the fact that the other party consents to such withdrawal to the competent arbitral tribunal.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 16 (Methods of Recommendations for Correction)
Where the Arbitration Commission issues recommendations for correction under Article 32 (1) of the Act, it shall do so by a document clearly stating the following matters:
1. The name of a press organization to which recommendations for correction may be issued and of its representative;
2. The program, title, date and page (limited to a newspaper and a periodical, including a magazine) of a press report, the correction of which may be recommended;
3. Reasons for recommendations for correction.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 17 (Correction Recommendation Subcommittee)
(1) A correction recommendation subcommittee shall be established under the Arbitration Commission to deliberate on the matters relating to recommendations for correction under Article 32 (1) of the Act.
(2) The correction recommendation subcommittee referred to in paragraph (1) shall be comprised of seven arbitration commissioners, including the Chairperson, elected by the Arbitration Commission.
(3) The correction recommendation subcommittee shall meet at least once a month, and at least 2/3 of all incumbent members shall constitute a quorum and resolutions shall be passed by a majority of those present.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 18 Deleted. <by Presidential Decree No. 21663, Aug. 5, 2009>
 Article 19 (Rehearings on Recommendations for Correction)
(1) A press organization which makes an application for rehearing under Article 32 (5) of the Act shall submit a rehearing application to the Arbitration Commission.
(2) A rehearing application referred to in paragraph (1) shall state the name of a person who makes an application for rehearing and clearly indicate detailed reason to make the application.
(3) A rehearing application referred to in paragraph (1) may be made in writing or by means of an electronic document, etc. In such cases, where an applicant intends to make his/her application by means of an electronic document, such applicant shall use a computerized information processing system established pursuant to Article 12 (3).
(4) Except as otherwise expressly provided in paragraphs (1) through (3), matters necessary for rehearings regarding recommendations for correction shall be prescribed by rules of the Press Arbitration Commission.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 20 (Methods of, Procedures for, etc. Recommendations for Correction)
Except as otherwise expressly provided in this Decree, the detailed methods of and procedures for recommendations for correction and other necessary matters shall be prescribed by rules of the Press Arbitration Commission.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
 Article 20-2 (Handling of Personally Identifiable Information)
Where the Minister of Culture, Sports and Tourism deems it inevitable in performing affairs regarding the grounds for disqualification of an arbitration commissioner under Article 8 (2) of the Act, he/she may handle data containing a resident registration number or alien registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
[This Article Newly Inserted by Act No. 25853, Dec. 16, 2014]
 Article 20-3 (Re-Examination of Regulations)
The Minister of Culture, Sports and Tourism shall examine the validity of the method of publication of matters related to ombudsmen under Article 2 every three years counting from on January 1, 2017 (referring to the period that ends on the day before January 1 of every third year), and take measures, such as making improvements: <Amended by Act No. 27751, Dec. 30, 2016>
[This Article Newly Inserted by Act No. 25840, Dec. 9, 2014]
 Article 21 (Imposition of Administrative Fines)
(1) Standards for imposition of administrative fines under Article 34 (1) of the Act shall be as stipulated in the attached Table.
(2) Where the Minister of Culture, Sports and Tourism imposes an administrative fine under paragraph (1), he/she may increase or reduce an amount up to 1/2 of the relevant administrative fine in the attached Table, taking into consideration the degree of the violation, frequency thereof, cause and effect of such violation, etc.: Provided, That even in cases of an increase, the amount shall not exceed the maximum of an administrative fine provided in Article 34 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 24186, Nov. 20, 2012]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on July 28, 2005.
(2) (Transitional Measures concerning Correction Recommendation Subcommittee) A correction recommendation subcommittee which has already been established in accordance with the Enforcement Decree of the Registration, etc. of Periodicals Act at the time when this Decree enters into force, shall be deemed to be established in accordance with this Decree.
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21663, Aug. 5, 2009>
This Decree shall enter into force on August 7, 2009.
ADDENDA <Presidential Decree No. 24186, Nov. 20, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 25853, Dec. 16, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017. (Proviso Omitted)
Articles 2 through 12 Omitted.