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PROMOTION OF LOCAL CULTURAL INSTITUTES ACT

Act No. 4718, Jan. 7, 1994

Amended by Act No. 5453, Dec. 13, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5653, Jan. 21, 1999

Act No. 6792, Dec. 18, 2001

Act No. 8302, Jan. 30, 2007

Act No. 8745, Dec. 21, 2007

Act No. 8852, Feb. 29, 2008

Act No. 10883, Jul. 21, 2011

Act No. 15064, Nov. 28, 2017

 Article 1 (Purpose)
The purpose of this Act is to contribute to the well-balanced promotion of local culture by fostering and developing local cultural institutes by prescribing matters concerning the establishment, operation and support of local cultural institutes.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 2 (Definitions)
The term "local cultural institute" in this Act shall refers to a legal entity established pursuant to this Act in order to implement local cultural projects for the promotion of local culture.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 3 (Fostering, etc. Local Cultural Institutes)
(1) The State and local governments shall support and foster local cultural institutes.
(2) The State and local governments shall establish and implement the following measures which are necessary for fostering and supporting local cultural institutes: <Newly Inserted by Act No. 10883, Jul. 21, 2011>
1. Matters concerning basic plans for fostering and developing local cultural institutes;
2. Matters concerning specialists, programs, facilities, expansion of financial resources, etc. necessary for the activities of local cultural institutes;
3. Matters concerning cooperation among local cultural institutes, local institutions or organizations of culture and arts;
4. Other matters necessary for the promotion and revitalization of local cultural institutes.
(3) Local cultural institutes shall faithfully conduct local cultural projects prescribed in Article 8. <Amended by Act No. 10883, Jul. 21, 2011>
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 4 (Establishment of Local Cultural Institutes)
(1) Any person who intends to establish a local cultural institute shall obtain authorization from aSpecial Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor").
(2) A local cultural institute shall be a legal entity.
(3) The administrative district of the Special Self-Governing Province, Si, Gun or autonomous Gu shall be the business area of a local cultural institute.
(4) If the Mayor/Do Governor (except for the Governor of a Special Self-Governing Province) intends to grant authorization for a local cultural institute as prescribed in paragraph (1), he/she shall hear opinions of the head of aSi/Gun/Gu(referring to the head of autonomous Gu; hereinafter the same shall apply) having jurisdiction over the business area of such local cultural institute.
(5) The local cultural institute shall use the term "cultural institute" in its title, and indicate the name of Special Self-Governing Province, Si, Gun or autonomous Gu, which is the business territory of such local cultural institute, or a geographical name by which it is possible to distinguish such local cultural institute from other local cultural institutes. In such cases, the names of historical figures, traditional culture, etc. may be added to the name of the local cultural institute by taking consideration of the characteristics of the business area. <Amended by Act No. 10883, Jul. 21, 2011>
(6) One local cultural institute shall be established at each Si, Gun or autonomous Gu.
(7) Matters necessary for the establishment, operation, etc. of local cultural institutes shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 4-2 (Prohibition of Use of Similar Names)
"Local cultural institute" or a title similar thereto shall not be used by anyone other than a local cultural institute.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 5 (Standards for Authorization of Establishment of Local Cultural Institute)
The Mayor/Do Governor may grant authorization only in cases where the details of an application for the establishment of a local cultural institute prescribed in Article 4 (1) meet the standards in the following subparagraphs:
1. Where the applicant is recognized as being capable of managing regional cultural projects prescribed in Article 8 from the revenues raised from membership fees, etc.;
2. Where the applicant is recognized as being equipped with the facilities prescribed in Article 6 (1) or as being able to be equipped with such facilities.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 6 (Facilities)
(1) The local cultural institute shall be equipped with the facilities prescribed by Presidential Decree in order to implement its business objectives.
(2) The local cultural institute shall furnish part of the facilities prescribed in paragraph (1) to the promotion of public interest of the local residents insofar as it does not interfere with its business objectives.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 7 (Executives)
(1) The local cultural institute shall have more than five to less than thirty directors including a president, and two auditors.
(2) The president shall represent the local cultural institute and take full responsibility for the duties of the local cultural institute.
(3) The local cultural institute may set up a secretariat to deal with the duties of the local cultural institute, and employ necessary staff members. <Newly Inserted by Act No. 10883, Jul. 21, 2011>
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 8 (Projects of Local Cultural Institutes)
(1) The local cultural institute shall conduct the following local cultural projects:
1. Development, conservation and utilization of local culture;
2. Searching for, collecting, examining, making researches on and utilizing local culture (including local data);
3. Domestic and international exchanges of local culture;
4. Projects to promote local culture, such as holding local cultural events, etc.;
5. Projects for supporting consulting services for the revitalization of local culture;
6. Supporting the projects of culture and arts education prescribed in subparagraph 1 of Article 2 of the Culture and Arts Education Support Act;
7. Supporting the cultural activities of multicultural families prescribed in Article 2 of the Multicultural Families Support Act;
8. Other projects entrusted by the State or local governments for the revitalization of local culture.
(2) In order to smoothly conduct local cultural activities prescribed in paragraph (1), the local cultural institute may conduct a project jointly with another local cultural institute.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 8-2 (Building and Managing Database of Local Cultural Project Data)
The local cultural institute shall build, maintain, and manage database of data on local cultural projects referred to in each subparagraph of Article 8 (1).
[This Article Newly Inserted by Act No. 15064, Nov. 28, 2017]
 Articles 9 and 10 Deleted. <by Act No. 5653, Jan. 21, 1999>
 Article 11 (Prohibition against Political Participation, etc.)
(1) A local cultural institute shall not participate in politics or religious activities.
(2) The head of a local cultural institute shall not hold an additional post of a National Assembly member, a local council member or an executive member of a political party.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 12 (Establishment of Federation)
(1) The local cultural institutes may establish a Federation of Korean Cultural Center (hereinafter referred to as "Federation") after obtaining authorization from the Minister of Culture, Sports and Tourism for the balanced development of the local cultural institutes, and for the promotion of mutual cooperation and common interests among local cultural institutes. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Federation shall be a legal entity.
(3) The Federation shall conduct the following projects in order to achieve the objectives of the establishment prescribed in paragraph (1):
1. Examination, research, guidance and support for the balanced development of local cultural institutes;
2. Supply of information, data, etc. on culture to the local cultural institutes;
3. Cooperation and exchanges of data, etc. with cultural institutes in Korea and abroad;
4. Training of staff members of local cultural institutes in order to enhance their quality;
5. Projects necessary for the mutual cooperation and promotion of common interests among local cultural institutes;
6. Support for the projects of managing local data of local cultural institutes;
7. Support for informatization projects of local cultural institutes;
8. Holding local cultural exhibitions;
9. Establishment of a cooperation system and exchanges of information among cultural facilities and organizations of the region;
10. Projects entrusted by the Sate or local governments in order to promote local culture;
11. Other necessary projects in order to achieve the objectives of establishment of the Federation.
(4) The Federation may establish branch offices in a Special Metropolitan City, Metropolitan City and Do, and Special Self-Governing Province for cooperation in duties among local cultural institutes and to efficiently conduct projects in the subparagraphs of paragraph (3).
(5) Matters necessary for the establishment, operation, etc. of the Federation shall be prescribed by Presidential Decree.
(6) Article 11 concerning prohibition against political participation, etc. shall apply mutatis mutandis to the Federation.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 13 Deleted. <by Act No. 5653, Jan. 21, 1999>
 Article 14 (Civil Act to Be Applied mutatis mutandis)
The provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to matters concerning local cultural institutes and Federation, which are not prescribed by this Act.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 15 (Subsidization, etc. of Expenses)
The State and local governments may subsidize expenses incurred for the activities and operation of local cultural institutes and Federation within budgetary limits as prescribed by Presidential Decree, and lend necessary property and facilities without charge.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 16 (Property Contribution, etc.)
Individuals, legal entities or organizations may contribute or donate money or property to local cultural institutes or theFederation to finance the establishment, facilities, operation and projects of local cultural institutes and Federation.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 17 (Cooperation, etc. of Relevant Institutions)
(1) Where the State or public organizations have been requested by local cultural institute for cooperation necessary to conduct projects, they shall comply therewith unless their duties are interfered with.
(2) The local cultural institutes may cooperate with other cultural facilities, such as libraries, museums, galleries, etc. if necessary to conduct their objective projects.
(3) The State may designate a specific local cultural institute and separately assist and foster it for well-balanced development of local culture.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 18 Deleted. <by Act No. 6792, Dec. 18, 2002>
 Article 19 (Enactment of Municipal Ordinance)
The local governments may prescribe matters necessary to provide assistance to and to foster local cultural institutes by Municipal Ordinance.
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
 Article 20 (Fines for Negligence)
(1) Any one who violates Article 4-2 shall be punished by a fine for negligence not exceeding five million won.
(2) The fines for negligence prescribed in paragraph (1) shall be imposed and collected by the Governor of a Special Self-Governing Province, and the heads of Sis/Guns/Gus. <Amended by Act No. 10883, Jul. 21, 2011>
(3) through (5) Deleted, <by Act No. 10883, Jul. 21, 2011>
[This Article Wholly Amended by Act No. 8745, Dec. 21, 2007]
ADDENDA <Act No. 4718, Jan. 7, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Transitional Measures concerning Education, Training, etc.)
(1) The non-profit legal entities reported as local cultural enterprisers as prescribed by the previous Furtherance of Local Cultural Projects Act as at the time this Act enters into force and the Federation of Korean Cultural Center, an incorporated association, shall file an application for succession to the Minister of Culture and Sports after resolution of the board of directors so that local cultural institutes or the Federation of Korean Cultural Center to be established as prescribed in Article 4 or 12 may succeed to all the rights and responsibilities thereof.
(2) The legal entities that have received approval on the application prescribed in paragraph (1) shall be deemed dissolved simultaneously with the establishment of local cultural institutes or the Federation of Korean Cultural Center, notwithstanding the provisions concerning dissolution and liquidation of a legal entity prescribed by the Civil Act, and all the rights and responsibilities belonging to such legal entity shall be succeeded by the local cultural institutes or the Federation of Korean Cultural Center to be established as prescribed this Act.
(3) The directors and auditor of a legal entity that has received approval on the application prescribed in paragraph (1) whose terms of office expire after local cultural institutes or the Federation of Korean Cultural Center is established shall be deemed the directors or auditor of the local cultural institutes or the Federation of Korean Cultural Center to be established as prescribed by this Act until their remaining term of office expires.
Article 4 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted)
ADDENDUM <Act No. 5653, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6792, Dec. 18, 2002>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Establishment of Local Cultural Institutes) Local cultural institutes that have been established and are being operated after having received authorization for establishment of the Minister of Culture and Tourism as prescribed by previous provisions at the time this Act enters into force shall be deemed established after receiving authorization for establishment from the relevant Mayor/Do Governor as prescribed by the amended provisions of Article 4 (1).
ADDENDA <Act No. 8302, Jan. 30, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Local Cultural Institutes)
(1) The local cultural institutes that have been established and are being operated as prescribed by previous provisions at the time this Act enters into force shall be deemed established as prescribed by this Act, notwithstanding the amended provisions of Article 4 (6).
(2) The local cultural institutes in Jeju Do (Jeju, Seogwipo, Nam Jeju and Buk Jeju) established and being operated as prescribed by previous provisions at the time this Act enters into force shall be deemed established after receiving authorization of establishment from the Jeju Province Governor as prescribed by the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, notwithstanding the amended provisions of Article 4 (6).
(3) The Changwon culture center, Masan culture center and Jinhae culture center that have been established and are being operated as prescribed by the previous provisions as at the time this Act enters into force shall maintain previous administrative district as their business district, notwithstanding the Act on Special Cases of Establishing and Supporting Changwon-si in Gyeongsangnam-do. <Newly Inserted by Act No. 10883, 6 Jul. 21, 2007>
Article 3 (Transitional Measures concerning Modification of Names, etc.)
(1) The Federation of Korean Cultural Center pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Federation of Korean Cultural Center prescribed in the amended provisions of Article 12 (1).
(2) The acts performed by the Federation of Korean Cultural Center pursuant to the previous provisions, acts performed in reaction to the Federation of Korean Cultural Center, and the Federation of Korean Cultural Center in other legal relationship as at the time this Act enters into force shall be deemed the Federation of Korean Cultural Center prescribed in Article 12 (1).
(3) The Minister of Culture and Tourism shall entrust the head of registry office having jurisdiction over the Federation of Korean Cultural Center pursuant to the previous provisions with the registration of modification of the name of such legal entity into the Federation of Korean Cultural Center prescribed by this Act
Article 4 (Transitional Measures concerning Executives and Employees of Federation of Korean Cultural Center)
The executives and employees of the Federation of Korean Cultural Center pursuant to the previous provisions as at the time this Act enters into force shall be deemed appointed as the executives and employees of the Federation of Korean Cultural Center prescribed in the amended provisions of Article 12 (1).
Article 5 (Relationship with other Acts)
Where the Federation of Korean Cultural Center is cited in other Acts as at the time this Act enters into force, the Federation of Korean Cultural Center shall be deemed cited in place of the previous one.
ADDENDUM <Act No. 8745, Dec. 21, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10883, Jul. 21, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15064, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.