CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the cultural development of the State and society by guaranteeing the right of citizens to library knowledge and information, by prescribing the responsibilities, etc. of the State and local governments, and by providing for basic matters regarding the operation of libraries and their services and social roles.
| Article 2 (Fundamental Concepts) |
The fundamental concepts of this Act are to recognize that libraries are one of the most important infrastructure based on which a nation advanced in knowledge and culture is created as they contribute to the promotion of the basic right of citizens to information and social cultural development, to ensure that the State and local governments fulfill their roles so as to spread the values of libraries throughout the society, and to guarantee that libraries maintain their public nature and serve the public interest, thereby allowing citizens to enjoy free and equitable access to and use of libraries.
The terms used in this Act are defined as follows:
| 1. | The term "library" means a facility that contributes to the utilization of information, the acquisition of cultural knowledge, learning activities, surveys and research, lifelong learning, the promotion of reading culture, etc. by collecting, processing, preserving, and providing library materials that citizens need; |
| 2. | The term "library materials" means all materials (including online materials) in which information is accumulated for the purpose of transmitting knowledge and information resources, such as printed materials, manuscript materials, audio-visual materials, microfiche materials, electronic materials, and other special materials for persons with disabilities, and which a library collects, processes, and preserves; |
| 3. | The term "library services" means all types of tangible and intangible services that libraries provide to the general public or support for them by utilizing library materials and facilities, including lending, perusal, and reference services, services for access to all kinds of facilities and information devices, guidance and education to help library users obtain materials and understand information with ease, and support for reading activities; |
| 4. | The term "librarian" means a person who meets qualification requirements referred to in Article 43 (2) and works at a library or a facility referred to in Article 9; |
| 5. | The term "legal deposit" means a mandatory requirement that a person who has published or produced library materials submit a specified number of copies to an institution prescribed by statutes or regulations; |
| 7. | The term "online materials provider" means a person who publicly transmits online materials through an information communications network; |
| 8. | The term "technical protective measure" means a technical measure taken by the holder of right or a person who has obtained such holder's consent for the purpose of effectively preventing or controlling an infringement on rights, such as a copyright protected under the Copyright Act. |
| Article 4 (Classification of Libraries) |
| (1) | Libraries shall be classified as follows, based on the entities that found and operate such libraries: |
| 1. | National libraries: Libraries founded and operated by the State; |
| 3. | Non-governmental libraries: Libraries founded and operated by corporations or organizations founded pursuant to the Civil Act, the Commercial Act, or other statutes, or by individuals. |
| (2) | Libraries shall be classified as follows, based on the purposes for which they are founded and persons they intend to serve: |
| 1. | Public libraries: Libraries whose primary purpose is to ensure that the general public utilize information, engage in reading and cultural activities, and pursue lifelong learning and which include the following facilities: |
| (a) | Small libraries whose primary purpose is to improve the life-friendly library culture of the local community based on residents' participation and autonomy; |
| (b) | Libraries whose primary purpose is to provide library services to children, persons with disabilities, senior citizens, multi-cultural families, etc.; |
| 2. | University libraries: Libraries whose primary purpose is to provide library services to teachers, students, and staff members at schools under the subparagraphs of Article 2 of the Higher Education Act, and at universities or higher education institutions founded under other statutes; |
| 4. | Specialized libraries: Libraries run by a corporation, organization, or individual whose primary purpose is to provide their employees or the general public with specialized library services in a specific field in connection with their affairs; |
| 5. | Special libraries: The following libraries that provide library services to persons under special circumstances: |
| (a) | Hospital libraries whose primary purpose is to provide library services to persons hospitalized in medical institutions, their guardians, etc.; |
| (b) | Barrack libraries whose primary purpose is to provide library services to members of the various branches of the armed forces, such as the Army, the Navy, and the Air Force; |
| (c) | Correctional facility libraries whose primary purpose is to provide library services to persons housed in correctional institutions, protective custody facilities, medical treatment and custody facilities, etc. |
| Article 5 (Responsibilities of the State and Local Governments) |
| (1) | The State and a local government shall support the development of libraries to guarantee that citizens have the right to access knowledge and information and to bridge the knowledge and information gap, and thereby to provide them with free and equitable access to, and use of, knowledge and information, and shall formulate measures necessary therefor. |
| (2) | The State and a local government shall formulate measures necessary for fostering specialized personnel, such as librarians, in order to fulfill their role as a foundation for knowledge information and creativity. |
| Article 6 (Assistance to Bridge Knowledge and Information Gap) |
| (1) | The State and a local government shall formulate and implement the following measures to guarantee that the knowledge and information poor prescribed by Presidential Decree, including persons with disabilities (hereinafter referred to as the "knowledge and information poor") have the right to access knowledge and information and to bridge their knowledge and information gap: |
| 1. | Matters regarding the expansion and provision of library materials and the construction of a shared use system; |
| 2. | Matters regarding the expansion of libraries’ convenience facilities and the training of professional personnel; |
| 3. | Other matters for guaranteeing the right to access knowledge and information and for bridging the knowledge and information gap. |
| (2) | The State and a local government may grant subsidies to cover all or some of the financial resources for projects promoted by libraries in order to guarantee that the knowledge and information poor have the right to access knowledge and information and to bridge the knowledge and information gap. |
| (3) | Where the knowledge and information poor use library materials, the State and a local government may grant subsidies to cover all or some of the remuneration payable to the holder of author's economic right under Article 31 (5) of the Copyright Act within the budget. |
| Article 7 (Responsibilities of Libraries) |
| (1) | Libraries shall collect, process, preserve, and provide library materials that citizens need and shall contribute to the utilization of information, the acquisition of cultural knowledge, learning activities, surveys and research, lifelong learning, the promotion of reading culture, etc. |
| (2) | Libraries shall take all necessary measures to ensure that citizens are provided with equitable library services, irrespective of their physical, regional, economic, or social status. |
| (3) | Libraries shall take the following measures to guarantee that the knowledge and information poor have the right to access knowledge and information and to bridge their knowledge and information gap: |
| 1. | Expansion and provision of library materials and construction of a shared use system; |
| 2. | Expansion and provision of lifelong learning and cultural programs; |
| 3. | Expansion of convenience facilities, provision of easier access to libraries, and assignment of professional personnel; |
| 4. | Cooperation with other libraries and relevant organizations; |
| 5. | Other matters necessary for guaranteeing the right to access knowledge and information and for bridging the knowledge and information gap. |
| Article 8 (Cooperation among Libraries) |
| (1) | Libraries shall cooperate with one another in order to more efficiently conduct their affairs in relation to the management, utilization, etc. of library materials, and to facilitate the shared use of library materials. |
| (2) | Libraries shall cooperate with various kinds of cultural and educational facilities, such as museums, art galleries, cultural centers, cultural houses, and study halls, administrative agencies, relevant organizations, and local communities to provide the general public with diverse services. |
| (3) | University libraries, school libraries, specialized libraries, etc. may provide their facilities and library materials for use by the general public to the extent that does not interfere with the achievement of the purposes of founding such libraries. |
| Article 9 (Scope of Application) |
This Act shall also apply to a facility prescribed by Presidential Decree, among information offices, information institutes, information centers, data centers, data bureaus, knowledge centers, and other facilities with a similar name and function.
| Article 10 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, libraries shall be governed by this Act.
CHAPTER II FORMULATION OF COMPREHENSIVE LIBRARY DEVELOPMENT PLANS
| Article 11 (Establishment of National Library Committee) |
| (1) | A National Library Committee shall be established under the jurisdiction of the President to formulate, deliberate on, and coordinate significant matters regarding library policies. |
| (2) | The National Library Committee shall formulate, deliberate on, and coordinate the following matters: |
| 1. | Matters regarding the formulation, implementation, etc. of a comprehensive library development plan under Article 14; |
| 2. | Matters regarding the improvement of library-related systems and operating systems; |
| 3. | Matters regarding the evaluation of library operation; |
| 4. | Matters regarding the bridging of the gap in the access to and use of libraries and library materials; |
| 5. | Matters regarding the training of professional library personnel; |
| 6. | Other matters prescribed by Presidential Decree for library policies. |
| (3) | In order to support administrative affairs of the National Library Committee, a secretariat shall be established within the Committee and a planning body shall be established within the Ministry of Culture, Sports and Tourism in order to perform the functions provided in paragraph (2). |
| (4) | The chairperson may request that public officials of the relevant central administrative agencies or executive officers and employees of the relevant organizations be dispatched, if necessary for conducting the secretariat affairs. Upon receipt of such request, the head of the relevant agency shall comply therewith, unless there is a compelling reason not to do so. |
| (5) | Matters necessary for the establishment, operation, etc., of the secretariat and the planning body of the National Library Committee shall be prescribed by Presidential Decree. |
| Article 12 (Composition of National Library Committee) |
| (1) | The National Library Committee shall consist of up to 30 members, including one chairperson and one vice chairperson. |
| (2) | The chairperson shall be commissioned by the President, from among persons with extensive expert knowledge of and experience in helping libraries and citizens acquire more knowledge and information, and the Minister of Culture, Sports and Tourism shall serve as the vice chairperson. |
| (3) | The following persons shall be members: |
| 1. | The heads of the relevant central administrative agencies prescribed by Presidential Decree; |
| 2. | Persons commissioned by the chairperson from among those with extensive expert knowledge of and experience in helping libraries and citizens acquire more knowledge and information. |
| (4) | The chairperson shall convene and preside over meetings of the Committee. |
| (5) | The chairperson may have the vice chairperson act on his or her behalf, if necessary. |
| (6) | The chairperson and a member under paragraph (3) 2 shall hold office for a term of two years and may be commissioned consecutively for only one further term. |
| (7) | Where a member is no longer able to perform his or her duties due to an accident or where the office of a member becomes vacant, a new member shall be commissioned without delay. In such cases, the term of office of the member commissioned to fill such vacancy shall be the remaining term of office of his or her predecessor. |
| (8) | Other matters necessary for the operation of the National Library Committee shall be prescribed by Presidential Decree. |
| Article 13 (Dismissal of Members) |
Where a member under Article 12 (3) 2 falls under any of the following categories, the chairperson of the National Library Committee may dismiss such member: | 1. | Where he or she becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where he or she engages in misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed inappropriate to serve as a member due to neglect of duties or loss of dignity or for other similar reasons; |
| 4. | Where he or she voluntarily admits that it is impracticable for him or her to perform his or her duties. |
| Article 14 (Formulation of Comprehensive Library Development Plans) |
| (1) | The chairperson of the National Library Committee shall formulate a comprehensive library development plan to ensure the development of libraries every five years (hereinafter referred to as "comprehensive plan"). |
| (2) | A comprehensive plan shall include the following: <Amended on Jan. 18, 2022> |
| 1. | Matters regarding basic direction-setting for library policies; |
| 2. | The following matters regarding the objectives and methods of library policies: |
| (a) | Matters regarding the performance of more important roles by libraries and the improvement of circumstances; |
| (b) | Matters regarding the improvement of library services for the knowledge and information poor; |
| (c) | Matters regarding the facilitation of a cooperation system between libraries; |
| (d) | Other matters regarding important measures of library policies; |
| 3. | Matters regarding major tasks to be promoted and cooperation with the relevant central administrative agencies, etc.; |
| 4. | Matters regarding the safety, sanitation, and disease control with respect to infectious diseases, etc. in libraries. |
| Article 15 (Formulation of Annual Implementation Plans) |
| (1) | The head of a relevant central administrative agency and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") shall formulate and promote an annual implementation plan (hereinafter referred to as "implementation plan") every year based on the comprehensive plan. In such cases, a Mayor/Do Governor may consult with the superintendent of education of the relevant region, if deemed necessary. |
| (2) | The head of a relevant central administrative agency and a Mayor/Do Governor shall submit an implementation plan for the relevant year and the performance outcomes of the preceding year to the chairperson of the National Library Committee every year, as prescribed by Presidential Decree. |
| (3) | The chairperson of the National Library Committee shall comprehensively evaluate the performance outcomes submitted pursuant to paragraph (2). |
| (4) | Other matters necessary for the formulation and implementation of an implementation plan, the evaluation of performance outcomes, etc., shall be prescribed by Presidential Decree. |
| Article 16 (Raising of Financial Resources) |
| (1) | The State or a local government shall secure financial resources necessary for the promotion of a comprehensive plan and an implementation plan. |
| Article 17 (Establishment of Metropolitan Library Committees) |
| (1) | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do") shall establish a metropolitan library committee to deliberate on important matters regarding the balanced development of libraries in their jurisdictional areas (hereinafter referred to as "local libraries"), the guarantee of the right to access knowledge and information, and the bridging of the knowledge and information gap. |
| (2) | A metropolitan library committee shall deliberate on the following matters: |
| 1. | Matters regarding the balanced development of local libraries; |
| 2. | Matters regarding local libraries' duties to guarantee the right to access knowledge and information and to bridge the knowledge and information gap; |
| 3. | Other matters deemed necessary by the relevant metropolitan library committee for local library policies. |
| (3) | A metropolitan library committee shall consist of up to 15 members, including one chairperson and one vice chairperson. |
| (4) | The Vice Mayor/Vice Governor (referring to a Vice Mayor/Vice Governor nominated by the relevant Mayor/Do Governor where there are at least two Vice Mayors/Vice Governors in the relevant City/Do) shall serve as the chairperson, the head of a regional representative library under Article 25 shall serve as the vice chairperson, and members shall be commissioned by the chairperson from among persons with extensive expert knowledge of and experience in libraries. |
| (5) | The chairperson shall convene and preside over meetings of the relevant committee. |
| (6) | The chairperson may have the vice chairperson act on his or her behalf, if necessary. |
| (7) | Other matters necessary for the operation of a metropolitan library committee shall be prescribed by ordinance of the relevant local government. |
| Article 18 (Founding of Library-Related Organizations) |
| (1) | The Minister of Culture, Sports and Tourism may permit a library-related organization to found a corporation, if necessary for the exchange of library materials and business cooperation between libraries, research on the operation and management of libraries, mutual cooperation with the relevant international organizations, the promotion of library services, the development of libraries, enhanced competency of staff, and the promotion of common interests. |
| (2) | The State and a local government may provide subsidies to cover the expenses incurred in the operation of the related organizations under paragraph (1). |
| (3) | Except as provided in this Act, the provisions of the Civil Act pertaining to non-profit corporations shall apply mutatis mutandis to the related organizations under paragraph (1). |
CHAPTER III NATIONAL LIBRARY OF KOREA AND NATIONAL LIBRARY FOR THE DISABLED
| Article 19 (Establishment of National Library of Korea) |
| (1) | A National Library of Korea shall be established under the jurisdiction of the Minister of Culture, Sports and Tourism as a representative library of the State. |
| (2) | If necessary for increasing efficiency in handling affairs and for achieving the balanced development of local libraries, the National Library of Korea, as a representative library of the State, may establish branch libraries by region and sector. |
| (3) | Matters necessary for the organization, operation, etc. of the National Library of Korea shall be prescribed by Presidential Decree. |
| (1) | The National Library of Korea shall conduct the following affairs: |
| 1. | Implementation of measures in relation to a comprehensive plan; |
| 2. | Collection, provision, preservation, and management of domestic and foreign library materials; |
| 3. | Preparation and standardization of national bibliographies; |
| 4. | Construction of the national bibliographic information system through computerization; |
| 5. | Guidance and assistance to, and cooperation with, domestic libraries to provide education, training, etc. for library staff; |
| 6. | Exchange and cooperation with foreign libraries; |
| 7. | Surveys and research for the development of libraries; |
| 9. | Other affairs necessary to perform functions as a representative library of the State. |
| (2) | Matters necessary for conducting the affairs specified in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | A data archive and research center shall be established under the National Library of Korea to conduct the affairs specified in paragraph (1) 7. |
| (4) | The founding and operation of the data archive and research center and its affairs under paragraph (3) shall be prescribed by Presidential Decree. |
| (5) | The National Library of Korea shall cooperate with the National Assembly Library, etc. to efficiently conduct its affairs. |
| Article 21 (Legal Deposit of Library Materials) |
| (1) | Any person who has published or produced library materials (excluding online materials: Provided, That online materials to which international standard book or serial numbers are assigned under Article 23 shall be included herein; hereafter in this Article, the same shall apply) shall make a legal deposit of such library materials to the National Library of Korea within 30 days from the date of such publication or production. The same shall also apply to a revised and enlarged edition. |
| (2) | Where the State, a local government, or any other public institution prescribed by Presidential Decree makes a legal deposit of library materials to the National Library of Korea pursuant to paragraph (1), such legal deposit shall also be made in a digital file format as prescribed by Presidential Decree. |
| (3) | The National Library of Korea shall issue a certificate of legal deposit without delay to a person who makes a legal deposit of library materials pursuant to paragraphs (1) and (2), and where all or part of deposited library materials are for sale, it shall make due compensation for such library materials. |
| (4) | Matters necessary for the selection, types, forms, number of copies of library materials required to be deposited and legal deposit procedures, compensation, etc. shall be prescribed by Presidential Decree. |
| Article 22 (Collection of Online Materials) |
| (1) | The National Library of Korea shall select online materials highly worth preserving, from among those serviced in the Republic of Korea, and shall collect and preserve them. |
| (2) | Where a technical protective measure, etc. places restrictions on the collection of online materials, the National Library of Korea may request that the relevant online materials provider give cooperation. Upon receipt of such request, the online materials provider shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | A person who becomes aware of the fact that his or her personal information is included in collected online materials may request that the chief executive of the National Library of Korea correct or delete such information or take similar measures, as prescribed by Presidential Decree. |
| (4) | A person whose rights or interests are infringed due to any disposition or omission made by the chief executive of the National Library of Korea in connection with a request under paragraph (3) may apply for an administrative appeal in accordance with the Administrative Appeals Act or may institute an administrative litigation in accordance with the Administrative Litigation Act. |
| (5) | Where all or part of online library materials collected pursuant to paragraph (1) are for sale, the National Library of Korea shall make due compensation for such online library materials. |
| (6) | Matters necessary for the selection, types, and forms of online library materials subject to collection, and collection procedures, compensation, etc., for such online library materials shall be prescribed by Presidential Decree. |
| Article 23 (International Standard Book or Serial Numbers) |
| (1) | A public institution, individual, or organization that intends to publish or produce a book or periodical (including books and periodicals published or produced online) shall be assigned an international standard book or serial number (hereinafter referred to as "ISBN/ISSN") for such book or periodical from the National Library of Korea. |
| (2) | In order to efficiently conduct the affairs specified in paragraph (1), the National Library of Korea shall mutually cooperate with the relevant institutions, organizations, etc. specializing in publication, etc. |
| (3) | Matters necessary for the assignment of an ISBN/ISSN shall be prescribed by Presidential Decree. |
| Article 24 (Establishment of National Library for the Disabled) |
| (1) | A National Library for the Disabled shall be established under the jurisdiction of the Minister of Culture, Sports and Tourism to provide library services to persons with disabilities, from among the knowledge and information poor. |
| (2) | The National Library for the Disabled shall conduct the following affairs: |
| 1. | Formulation and overall management of library service measures for persons with disabilities; |
| 2. | Establishment of standards and guidelines regarding library services for persons with disabilities; |
| 3. | Collection, processing, preservation, production, and support for the production, of library materials for persons with disabilities, and provision of access to such materials for them; |
| 4. | Guaranteed and easier access to library materials for persons with disabilities; |
| 5. | Formulation, assessment, verification, distribution, etc., of standards for library materials for persons with disabilities; |
| 6. | Construction of a system for sharing library materials for persons with disabilities and shared use thereof; |
| 7. | Research, development, and distribution of library services and special facilities for persons with disabilities; |
| 8. | Research, development, and distribution of library services for children and youths with disabilities; |
| 9. | Matters regarding education and culture programs to help persons with disabilities to use knowledge and information; |
| 10. | Education of professional personnel in charge of library services for persons with disabilities; |
| 11. | Cooperation with domestic and foreign libraries and relevant organizations on library services for persons with disabilities; |
| 12. | Other affairs regarding library services that persons with disabilities need. |
| (3) | If necessary for conducting the affairs specified in paragraph (2) 3, the National Library for the Disabled may request that a person who has published or produced library materials submit such library materials in a digital file format. Upon receipt of such request, the person shall submit the relevant library materials in a digital file format to the National Library for the Disabled, within 30 days from the receipt of the request, unless there is good reason prescribed by Presidential Decree. |
| (4) | The National Library for the Disabled shall issue a certificate to a person who has submitted library materials in a digital file format pursuant to paragraph (3) without delay, and if all or part of the library materials submitted are for sale, it shall make due compensation for such library materials. |
| (5) | Other matters necessary for the organization and operation of the National Library for the Disabled, submission under paragraph (3), and the issuance of certificates and compensation under paragraph (4), etc. shall be prescribed by Presidential Decree. |
CHAPTER IV PUBLIC LIBRARIES
SECTION 1 Metropolitan Representative Libraries
| Article 25 (Establishment of Metropolitan Representative Libraries) |
| (1) | A City/Do shall designate or found a metropolitan representative library from among governmental public libraries and operate it in order to formulate and implement library policies in the jurisdictional area and to support the systematic provision of the relevant services. |
| (2) | A metropolitan representative library shall be equipped with appropriate personnel, facilities, books, etc. for conducting the affairs as a central library in the jurisdictional area. |
| (3) | Matters necessary for designation, founding, and operation under paragraph (1), and for standards for personnel, facilities, books, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 26 (Affairs of Metropolitan Representative Libraries) |
A metropolitan representative library shall conduct the following affairs:
| 1. | Formulation and implementation of measures for the development of local libraries and the strengthening of their library services; |
| 2. | Comprehensive collection, processing, preservation, and provision of library materials at a City/Do level; |
| 3. | Support for local libraries and implementation of cooperation projects; |
| 4. | Surveys and research on the improvement of local libraries’ affairs and operation; |
| 5. | Support to help local libraries collect materials and the preservation and management of library materials transferred from other libraries; |
| 6. | Construction and operation of a cooperative network between local libraries; |
| 7. | Support to help the National Library of Korea collect library materials and engage in library cooperation projects; |
| 8. | Other affairs necessary to perform functions as a metropolitan representative library. |
| Article 27 (Subsidization of Construction Costs of Metropolitan Representative Libraries) |
| (1) | The State may provide a City/Do that intends to found a metropolitan representative library with subsidies to cover some of the construction cost. |
| (2) | The State may provide a City/Do that has established a metropolitan representative library with subsidies to cover some of the project cost, for the effective operation of a cooperation system between libraries. |
| Article 28 (Submission of Library Materials to Metropolitan Representative Libraries) |
| (1) | Where a local government has published or produced library materials, it shall submit such library materials to the metropolitan representative library under its jurisdiction within 30 days from the date of such publication or production. The same shall also apply to a revised and enlarged edition. |
| (2) | Matters necessary for the types and number of copies of library materials subject to submission, and procedures for the submission thereof, etc. shall be prescribed by Presidential Decree. |
SECTION 2 National, Governmental, and Non-Governmental Public Libraries
| Article 29 (Establishment of Public Libraries) |
| (1) | The State or a local government shall found and develop national or governmental public libraries, as prescribed by Presidential Decree. |
| (2) | Where the State or a local government founds a governmental public library pursuant to paragraph (1), it shall endeavor to give priority to founding such library in a Si/Gun/Gu (Gu means an autonomous Gu) which has poor living conditions and lacks financial capacity. |
| (3) | A national or governmental public library founded pursuant to paragraph (1) shall use the name "library". |
| (4) | Where a local government founds and operates a public library, it shall create an organized system to make the operation of the library more efficient and easier. |
| (5) | Any person may found and operate a non-governmental public library. |
| Article 30 (Consultation on Founding of National Public Libraries) |
| (1) | Where the head of a central administrative agency intends to found a national public library in connection with his or her affairs, he or she shall consult with the Minister of Culture, Sports and Tourism in advance. |
| (2) | Matters necessary for consultation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 31 (Preliminary Feasibility Study to Found Governmental Public Libraries) |
| (1) | Where the head of a local government or the superintendent of education of a City/Do intends to found a governmental public library, he or she shall formulate a plan on the founding and operation of the public library in advance and shall have the plan undergo a preliminary feasibility study on such founding from the Minister of Culture, Sports and Tourism. |
| (2) | Matters necessary for the procedures, methods, etc. for a preliminary study under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 32 (Affairs of Public Libraries) |
A public library shall conduct the following affairs so as to serve its functions that allow the general public to utilize information and to engage in cultural activities, lifelong learning, etc.:
| 1. | Collection, processing, preservation, and provision of library materials for the general public; |
| 2. | Provision and encouragement of programs that help the general public engage in cultural activities and lifelong learning; |
| 3. | Formulation and implementation of plans for everyday reading practice; |
| 4. | Close cooperation with other libraries and mutual lending of library materials (meaning one library lends its materials to the users of other libraries); |
| 5. | Founding and operation of branch libraries, etc. in consideration of the characteristics of the relevant regions; |
| 6. | Other affairs necessary to perform functions as a public library. |
| Article 33 (Operation of, and Support for, National or Governmental Public Libraries) |
| (1) | The State and a local government may support the balanced development and effective operation of a national or governmental public library by providing subsidies to cover some of the expenses incurred in founding and operating the library and in collecting library materials. |
| (2) | The operating expenses of a governmental public library founded and operated by a local government shall be borne by the relevant local government from its general account. |
| (3) | The operating expenses of a governmental public library founded and operated by the superintendent of education pursuant to Article 32 of the Local Education Autonomy Act shall be borne by the relevant local government from its general account. |
| (4) | The State and a local government shall offer cooperation in library materials, affairs, etc. among libraries to facilitate the functions and services of national and governmental public libraries and to develop the library culture. |
| Article 34 (Directors of Governmental Public Libraries and Library Steering Committees) |
| (1) | The director of a governmental public library shall be appointed from among librarians. |
| (2) | A governmental public library shall establish a library steering committee in order to promote the efficient operation of the relevant library and to closely cooperate with various kinds of cultural facilities. |
| (3) | Matters necessary for the composition and operation of a library steering committee under paragraph (2) shall be prescribed by ordinance of the relevant local government. |
| Article 35 (Support for Non-Governmental Public Libraries) |
| (1) | The State may provide non-governmental public libraries registered pursuant to Article 36 (1) with support necessary to achieve their balanced development. |
| (2) | A local government may provide subsidies to cover the expenses incurred in operating a non-governmental public library registered pursuant to Article 36 (1) or may offer other necessary support, if necessary for the efficient operation of such library. |
| (3) | If deemed necessary for the establishment and operation of a non-governmental public library, the head of a local government may allow such library to use or lease public property free of charge, notwithstanding the Public Property and Commodity Management Act. |
SECTION 3 Registration of Public Libraries
| Article 36 (Registration) |
| (1) | A person who intends to found and operate a public library (hereinafter referred to as "founder") shall prepare librarians, library materials, and facilities necessary to achieve the purposes of founding such library and shall file for registration with the Minister of Culture, Sports and Tourism in cases of a national public library, and with the competent Mayor/Do Governor or the superintendent of education of the relevant City/Do in cases of a governmental public library, as prescribed by Presidential Decree: Provided, That a non-governmental public library may file for registration with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") having jurisdiction over such library. |
| (2) | A person who intends to file for registration pursuant to paragraph (1) (hereinafter referred to as "applicant") shall meet the requirements prescribed by Presidential Decree to file an application for registration. The same shall also apply where he or she intends to modify registered matters (excluding modification of minor matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism). |
| (3) | Notwithstanding paragraphs (1) and (2), the foregoing shall not apply to a public library which is founded or established in accordance with other statutes or regulations, or the size of which is not larger than that prescribed by Presidential Decree. |
| (4) | Upon receipt of an application for registration under paragraph (2), the Minister of Culture, Sports and Tourism, a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of a Si/Gun/Gu shall deliberate on the registration and shall notify such deliberation results and issue a certificate of registration to the applicant, within 30 days from the date of the application. |
| (5) | Where the founder of a public library registered pursuant to paragraph (1) intends to permanently close the relevant library, he or she shall report to the Minister of Culture, Sports and Tourism, a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of a Si/Gun/Gu and shall return a certificate of registration, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (6) | Other matters necessary for registration shall be prescribed by Presidential Decree. |
| Article 37 (Assessment of Operation of Public Libraries) |
| (1) | The Minister of Culture, Sports and Tourism, a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of a Si/Gun/Gu may assess matters regarding the operation of registered public libraries, in terms of facilities, personnel, and library materials, etc. and may disclose the results thereof. |
| (2) | For public libraries which turn out to be outstanding according to the results of assessment under paragraph (1), the Minister of Culture, Sports and Tourism, a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of a Si/Gun/Gu may take necessary measures, such as providing budgetary support and awarding prizes. |
| (3) | Matters necessary for standards, procedures, methods, etc. for assessing public libraries under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 38 (Revocation of Registration) |
| (1) | Where a public library registered pursuant to Article 36 (1) falls under any of the following categories, the Minister of Culture, Sports and Tourism, a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of a Si/Gun/Gu may revoke the registration of the library, and if necessary, may request a correction within a specified period or order the suspension of the operation thereof within a specified period not exceeding six months: Provided, That in the case of subparagraph 1, such registration shall be revoked: |
| 1. | Where it has filed for registration by fraud or other improper means or for profit-making purposes; |
| 2. | Where it ceases to meet the registration requirements under the former part of Article 36 (2) and thereby is deemed unable to play its role as a library; |
| 3. | Where it fails to file for registration of any modification under the latter part of Article 36 (2); |
| 4. | Where it has been managed or operated, in violation of the purposes of founding a library under this Act. |
| (2) | Detailed standards for administrative dispositions under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER V COLLEGE OR SCHOOL LIBRARIES AND SPECIALIZED OR SPECIAL LIBRARIES
| Article 39 (Establishment of College Libraries) |
| (1) | College libraries shall be established in schools prescribed in the subparagraphs of Article 2 of the Higher Education Act and educational institutions at the college level or higher founded pursuant to other statutes. |
| (2) | The establishment and operation of college libraries under paragraph (1) shall be separately prescribed by other statutes. |
| Article 40 (Establishment of School Libraries) |
| (2) | School libraries shall perform the following affairs and roles: |
| 1. | Collection, processing, and preservation of library materials necessary for school education and provision of services to access such materials; |
| 2. | Integrated management of educational materials held by schools and provision of access to such materials; |
| 3. | Development and production of audio-visual and multi-media materials and provision of access to such materials; |
| 4. | Construction of information sharing systems utilizing information management systems and communication networks and provision of access to such systems; |
| 5. | Education on information utilization through guidance on the use of a library, reading education, cooperative teaching, etc.; |
| 6. | Other affairs necessary to perform functions as a school library. |
| (3) | The establishment and operation of school libraries under paragraph (1) shall be separately prescribed by other statutes. |
| Article 41 (Establishment of Specialized or Special Libraries) |
| (1) | The State, a local government, a corporation, an organization, or an individual may found a specialized or special library. |
| (2) | A specialized library shall perform the following affairs and roles: |
| 1. | Collection, processing, and preservation of library materials necessary for specialized scholastic and research activities and provision of access to such materials; |
| 2. | Various cooperative activities, including the sharing of library materials with other libraries; |
| 3. | Other affairs necessary to perform functions as a specialized library. |
| (3) | A special library shall perform the following affairs and roles: |
| 1. | Provision of services for learning, reading, leisure, etc. to persons under special circumstances, such as in a hospital, barrack, or correctional facility; |
| 2. | Other affairs necessary to perform functions as a special library. |
CHAPTER VI PERSONNEL AND FACILITIES OF LIBRARIES
| (1) | In order to increase the understanding and interest in libraries among citizens and to encourage the utilization thereof, April 12 every year shall be designated as “Library Day” and one week from Library Day shall be designated as Library Week. |
| (2) | The State and a local government may host celebratory events, consistent with the purport of Library Day. |
| (3) | Matters necessary for hosting the celebratory events of Library Day under paragraph (2) shall be prescribed by Presidential Decree. |
| (1) | The Minister of Culture, Sports and Tourism shall issue a librarian certificate to a person who has educational background and working experience in libraries or library and information science and shall manage such certificate. |
| (2) | Matters necessary for the classification of librarians’ qualifications, qualification requirements, training of librarians, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The State and a local government shall endeavor to enhance the competency of library staff in conducting their affairs as professionals and shall provide them with opportunities to receive education accordingly. |
| Article 44 (Revocation of Qualification) |
Where a person who has been issued with a certificate under Article 43 (1) falls under any of the following categories, the Minister of Culture, Sports and Tourism shall revoke his or her qualification: | 1. | Where he or she has obtained a qualification by fraud or other improper means; |
| 2. | Where he or she lends a certificate issued under Article 43 (1) to any other person. |
| Article 45 (Library Personnel and Facilities, and Library Materials) |
| (1) | A library shall employ librarians, and librarian teachers and vocational teachers under Article 21 (2) of the Elementary and Secondary Education Act, who are required for its operation, as prescribed by Presidential Decree, and may employ computer personnel and other professional personnel required for its operation. |
| (2) | A library shall have facilities adequate for the collection, processing, and preservation of its library materials and for the provision of easier access to such materials, and guidelines for the operation of the library materials and libraries. |
| (3) | A library may exchange, transfer, discard, or withdraw library materials, for the efficient preservation and systematic management of such materials. |
| (4) | Matters regarding guidelines for the employment of librarians under paragraph (1), guidelines for library facilities and materials under paragraph (2), and guidelines and scope of the exchange, transfer, discarding, and withdrawal of library materials under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 46 (Protection of Personal Information of Library Users) |
In order to protect the personal information of library users, a library shall devise measures for the following matters:
| 1. | Matters regarding the enactment of provisions on the collection, management, disclosure, etc. of library user information; |
| 2. | Matters regarding education provided to library staff; |
| 3. | Other matters deemed necessary by the director of a library for the protection of the personal information of library users. |
| Article 47 (Donation of Money) |
| (1) | In order to support the founding and operation of a library, any person may donate money or other property to the library. |
| (2) | Upon receipt of an offer of donation under paragraph (1), a library founded by the State or a local government may receive money or valuables voluntarily donated, notwithstanding the main clause, with the exception of the subparagraphs, of Article 5 (2) of the Act on Collection and Use of Donations. |
| (3) | Procedures for donations and the receipt thereof, management and operation methods, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| (1) | A public library may collect user fees, etc. from its users. |
| (2) | The scope of user fees that a public library may collect from its users pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| (1) | The head of a national public library registered pursuant to Article 36 (1), a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of a Si/Gun/Gu shall file an annual report on the current status of the management and operation of the relevant national public library or the registered public library under his or her jurisdiction with the Minister of Culture, Sports and Tourism by January 20 of the following year, as prescribed by Presidential Decree. |
| (2) | Where a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of a Si/Gun/Gu registers a public library pursuant to Article 36 (1) or revokes the registration thereof pursuant to Article 38 (1), he or she shall file a report on such fact with the Minister of Culture, Sports and Tourism within seven days from the date of such disposition. |
| (3) | The Minister of Culture, Sports and Tourism shall disclose the current status of the management and operation of a registered public library which has been reported to the Minister pursuant to paragraph (1). |
The Minister of Culture, Sports and Tourism, a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of a Si/Gun/Gu shall hold a hearing in any of the following cases:
| 1. | Where he or she intends to revoke the registration or order the suspension of the operation under Article 38 (1); |
| 2. | Where he or she intends to revoke the qualification of a librarian under Article 44. |
| Article 51 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Culture, Sports and Tourism may delegate part of his or her authority under this Act to a Mayor/Do Governor, the superintendent of education of a City/Do, or the head of an affiliated institution or may entrust it to the head of a central administrative agency, as prescribed by Presidential Decree. |
| (2) | The head of a central administrative agency, a Mayor/Do Governor, or the superintendent of education of a City/Do may entrust part of his or her affairs under this Act to the relevant institution or organization and may grant subsidies to cover the necessary expenses incurred therein. |
| Article 52 (Prohibition of Use of Similar Name) |
No person other than a librarian under this Act shall use the name similar to a librarian. In such cases, the Framework Act on Qualifications shall apply to matters regarding the prohibition of use of the same name.
| Article 53 (Support for Overseas Diffusion of Libraries) |
The State may provide administrative and financial support necessary for the overseas diffusion of libraries, to contribute to international development cooperation.
| Article 54 (Reporting to the National Assembly) |
The chairperson of the National Library Committee shall finalize a comprehensive plan, an implementation plan for the relevant year, and the performance outcomes of the preceding year and shall report them to the competent standing committee of the National Assembly without delay.
CHAPTER VIII PENALTY PROVISIONS
| Article 55 (Administrative Fines) |
| (1) | A person who violates Article 21 (1) shall be subject to an administrative fine not exceeding the amount equivalent to 10 times the marked price of the relevant library materials (where such library materials are not for sale, the prime cost of the published library materials). |
| (2) | A person who uses any similar name in violation of Article 52 shall be subject to an administrative fine not exceeding five million won. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Culture, Sports, and Tourism, as prescribed by Presidential Decree. |
ADDENDA <Act No. 18547, Dec. 7, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Filing Report on Permanent Closure of Public Libraries)
The amended provisions of Article 36 (5) shall begin to apply where a report on the permanent closure of a public library is filed on or after the date this Act enters into force. Article 3 (Transitional Measures concerning Registration of National or Governmental Public Libraries)
National or governmental public libraries which are founded but not yet registered as at the time this Act enters into force, shall file for registration pursuant to the amended provisions of Article 36 within two years from the date this Act enters into force. Article 4 (Transitional Measures concerning Registration of Non-Governmental Public Libraries)
A non-governmental public library registered under the previous provisions as at the time this Act enters into force shall be deemed a non-governmental public library registered under the amended provisions of this Act: Provided, That requirements under this Act shall be met within two years from the date this Act enters into force.
Article 5 (Transitional Measure concerning Establishment of National Library Committee)
The Library Information Policy Committee established under the previous provisions as at the time this Act enters into force shall be deemed the National Library Committee established under this Act.
Article 6 (Transitional Measures concerning Establishment of Metropolitan Library Committees)
A local library information service committee established under the previous provisions as at the time this Act enters into force shall be deemed a metropolitan library committee established under this Act.
Article 7 (Transitional Measures concerning Library Association)
An association, etc. founded under the previous provisions as at the time the Libraries and Reading Promotion Act (Act No. 8029) enters into force shall be deemed an organization founded under this Act. Article 8 (Transitional Measures concerning Administrative Disposition)
Registration by administrative agencies, such as the Minister of Culture and Tourism, acts or various kinds of reports conducted or filed by other administrative agencies, or acts conducted towards other administrative agencies pursuant to the previous provisions as at the time the Libraries and Reading Promotion Act (Act No. 8029) enters into force shall be deemed acts conducted by or towards administrative agencies pursuant to this Act. Article 9 Omitted.
Article 10 (Relationship to Other Statutes or Regulations)
A citation of the provisions of the previous Libraries Act by other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act, if any, in lieu of the previous provisions.