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ENFORCEMENT DECREE OF THE POPULAR CULTURE AND ARTS INDUSTRY DEVELOPMENT ACT

Presidential Decree No. 25510, Jul. 28, 2014

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Popular Culture and Arts Industry Development Act and matters necessary for the enforcement thereof.
 Article 2 (Scope of Popular Culture and Arts Industry)
The term "industry prescribed by Presidential Decree" under subparagraph 1 of Article 2 of the Popular Culture and Arts Industry Development Act (hereinafter referred to as "Act") means any of following industries:
1. An industry that produces any of the following popular culture products using popular culture services provided by popular culture artists:
(a) Public performances under the Public Performance Act (excluding a public performance in the form of dance, drama, or Korean traditional music);
(b) Cinematographic works (excluding cinematographic works in the field of news report and general education) produced for broadcasting under the Broadcasting Act;
(c) Movies and video products under the Promotion of the Motion Pictures and Video Products Act;
(d) Music records, music files, music video products, and music video files under the Music Industry Promotion Act;
(e) Products utilizing images;
2. An industry that provides or brokers popular culture artists' popular culture services to produce popular culture products under subparagraph 1, and trains, directs, counsels, etc. popular culture artists for the provision or brokerage thereof.
 Article 3 (Support Center)
The Support Center provided for under Article 17 (1) of the Act (hereinafter referred to as "support center") may construct and operate a network with relevant public institutions, the association, etc., to receive reports on infringement on the rights and interests of popular culture artists, popular culture production crew members, and persons engaged in popular culture planning business, and provide them with necessary support.
 Article 4 (Advisory Committee)
(1) The advisory committee under Article 17 (3) of the Act (hereinafter referred to as "advisory committee") shall consist of not exceeding ten members, including a chairperson.
(2) The members of the advisory committee shall be entrusted by the Minister of Culture, Sports, and Tourism among persons engaged in the popular culture and arts industry and relevant specialists, giving due regard to gender considerations.
(3) Members who attend the advisory committee may be paid allowances, reimbursed travel expenses, and other necessary expenses, within budgetary limits.
(4) Matters necessary for the composition and operation of the advisory committee, in addition to the matters prescribed in paragraphs (1) through (3), shall be determined by the Minister of Culture, Sports and Tourism.
 Article 5 (Research on Actual Conditions)
(1) Research on actual conditions in Article 18 (1) of the Act shall target the following:
1. Market conditions of the popular culture and arts industry and matters concerning the business environment thereof;
2. Current status of persons engaged in the popular culture and arts industry and matters concerning the actual conditions of supply and demand;
3. Matters concerning the actual provision of services by persons engaged in the popular culture and arts industry and conclusion of relevant contracts;
4. Other mattes that the Minister of Culture, Sports, and Tourism deems necessary to conduct research on actual conditions for the establishment of orderly and fair trade in the popular culture and arts industry.
(2) The Minister of Culture, Sports, and Tourism shall conduct research on actual conditions in paragraph (1) every two years, but may occasionally conduct research, if deemed necessary.
 Article 6 (Registration of Popular Culture Planning Business)
(1) Any person who intends to apply for registration of a popular culture planning business pursuant to Article 26 (1) of the Act shall submit an application for registration, accompanied by the following documents to verify fulfillment of requirements for registration under Article 26 (2) of the Act:
1. Documents proving that he/she has income from work in a popular culture planning business;
2. Evidentiary documents for work experience in a popular culture planning business issued by an institution or organization determined and publicly notified by the Minister of Culture, Sports, and Tourism, which is established for the development of the culture industry (limited to where he/she has work experience unverifiable by documents referred to in paragraph (1));
3. A copy of a lease contract (to be submitted only where an office is leased) for a separate office (limited to the main office).
(2) The Minister of Culture, Sports, and Tourism, in receipt of an application in paragraph (1), shall verify the certificate of registration of a building, the certificate of incorporation, and the certificate of business registration through administrative data matching under Article 36 of the Electronic Government Act.
(3) If an institution or organization in paragraph (1) 2 intends to issue documents referred to in the same subparagraph, it shall first obtain verification of work experience from an organization designated and publicly notified by the Minister of Culture, Sports, and Tourism among trade associations comprised of popular culture planning business persons.
(4) Where the Minister of Culture, Sports, and Tourism receives an application for registration of a popular culture planning business referred to in paragraph (1) and he/she deems that the contents of application meet each of the requirements for registration, he/she shall issue a certificate of registration of a popular culture planning business (hereinafter referred to as "certificate of registration") to the applicant.
 Article 7 (Registration of Modification of Popular Culture Planning Business)
(1) Where a person whose popular culture planning business is registered under Article 6, modifies any of the following, he/she shall apply for registration of modification within 30 days from the date such cause occurs: Provided, That such case shall be excluded where subparagraph 1 is modified following the succession to business referred to in Article 30 of the Act:
1. Name of the business person (referring to the name of the representative in cases of a juristic person);
2. Executives, other than a representative, in cases of a juristic person;
3. Location of office (limited to the main office);
4. Company name.
(2) Any person who applies for registration of modification pursuant to paragraph (1) shall submit an application for registration of modification accompanied by the following documents:
1. A certificate of registration (excluding where matters pursuant to paragraph (1) 2 are modified);
2. Documents in Article 6 (1) 1 and 2 of an executive who has served in the popular culture planning industry for at least four years (applicable where the representative of the juristic person has changed or matters in subparagraph 2 have changed among matters in paragraph (1) 1);
3. A copy of a lease contract of the main office (applicable only where matters in paragraph (1) 3 are modified and the office is leased).
(3) In receipt of an application in paragraph (1), the Minister of Culture, Sports, and Tourism shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant withholds consent for verification of a certificate of business registration, he/she shall append a certificate of business registration:
1. A certificate of registration of a building (applicable only to where matters in paragraph (1) 3 are modified);
2. A certificate of corporate registration;
3. A certificate of business registration (excluding where matters in paragraph (1) 2 are modified).
(4) Where the Minister of Culture, Sports, and Tourism registers modification according to an application filed under paragraph (1), he/she shall issue a new certificate stating the modification, to the applicant, except for where modification of matters in paragraph (1) 2 are registered.
 Article 8 (Application for Re-issuance of Certificate)
Where any popular culture planning business person intends to have a certificate reissued as he/she has lost the certificate or the certificate is defaced and unusable, he/she shall submit the Minister of Culture, Sports, and Tourism an application for re-issuance (including applications in electronic form) prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism, accompanied by the following documents:
1. Where the certificate is lost: Statement of cause for loss;
2. Where the certificate is defaced and unusable: The defaced and unusable certificate.
 Article 9 (Education of Popular Culture Planning Business Persons)
The term "matters prescribed by Presidential Decree" under Article 29 (1) of the Act shall mean the following:
1. Matters concerning the subjects, timing, and details of research on actual conditions pursuant to Article 5;
2. Matters concerning the construction and operation of a comprehensive information system pursuant to Article 12;
3. Other matters concerning systems related to the operation of popular culture planning business.
 Article 10 (Report on Temporary Closure, Closure, and Resumption of Business)
A popular culture planning business person who intends to temporarily close, close down, or resume business after temporary closure pursuant to Article 31 (1) of the Act, shall submit the Minister of Culture, Sports, and Tourism a report (including a report in electronic form) prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism, accompanied by a certificate of registration (excluding where he/she shall report the resumption of business after temporary closure).
 Article 11 (Cancellation by Authority)
(1) Where the Minister of Culture, Sports, and Tourism intends to cancel by authority, the registration of a popular culture planning business person pursuant to Article 31 (2) of the Act who fails to report closure pursuant to Article 31 (1) of the Act, he/she shall verify the following matters:
1. Whether the relevant lease contract is terminated;
2. Whether the business is closed down, such as a report on closure to the competent tax office.
(2) Where the Minister of Culture, Sports, and Tourism intends to cancel registration by authority pursuant to Article 31 (2) of the Act, he/she shall pre-notify a relevant popular culture planning business person thereof, and preannounce it on the web site of the Ministry of Culture, Sports, and Tourism for at least 20 days.
 Article 12 (Construction and Operation of Comprehensive Information System)
(1) The scope and details of information on popular culture planning business pursuant to Article 32 (2) of the Act shall be as listed hereunder:
1. General information on popular culture planning business:
(a) Various statistical data related to popular culture planning business;
(b) Outcomes of research on actual conditions pursuant to Article 18 of the Act;
2. Information on individuals engaged in popular culture planning business:
(a) Work experience of persons engaged in popular culture planning business;
(b) Records of the registration and registration of modification of a popular culture planning business person pursuant to Article 26 of the Act.
(2) Where a person engaged in popular culture planning business approves of providing information pursuant to paragraph (1) 2 (a), the Minister of Culture, Sports, and Tourism shall construct a comprehensive information system in Article 32 (1) of the Act by direct input.
(3) The Minister of Culture, Sports, and Tourism may request cooperation from a trade association consisting of popular culture planning business persons in order to verify information required under paragraph (1) 2 (a).
 Article 13 (Detailed Standards for Administrative Disposition)
The detailed standards for administrative disposition in Article 33 (4) of the Act shall be as listed in attached Table 1.
 Article 14 (Standards for Imposition of Penalty Surcharges)
(1) The penalty surcharges replacing disposition of suspension of business pursuant to Article 34 (1) of the Act, may be imposed only where the business of a popular culture planning business person does not obstruct the creation of a healthy environment in the popular culture and arts industry.
(2) The kinds of violations, for which a penalty surcharge is imposed under Article 34 (1) of the Act and the amount of a penalty surcharge according to the degree of violation shall be as listed in attached Table 2.
(3) The Minister of Culture, Sports, and Tourism may increase or mitigate a penalty surcharge by up to 1/2 of the penalty surcharge in paragraph (2) in consideration of the degree of violations, number of violations, motive for violations, impact of violations, etc.
 Article 15 (Imposition of Penalty Surcharges, Procedures for Payment, etc.)
(1) Where the Minister of Culture, Sports, and Tourism intends to impose a penalty surcharge pursuant to Article 34 (1) of the Act, he/she shall detail the kind of violation, amount of the relevant penalty surcharge, etc. and notify the violator in writing to pay the amount.
(2) Any person in receipt of notification pursuant to paragraph (1) shall pay the penalty surcharge to a receiving agency determined by the Minister of Culture, Sports, and Tourism within 30 days: Provided, That where it is impracticable to pay the penalty surcharge within the deadline due to a natural disaster or other extenuating circumstance, he/she shall pay it within seven days from the day such ground ceases to exist.
(3) A receiving agency in receipt of a penalty surcharge pursuant to paragraph (2), shall issue a receipt to the payer.
(4) A receiving agency in receipt of penalty surcharges pursuant to paragraph (2) shall, without delay, notify the Minister of Culture, Sports and Tourism thereof.
(5) The Minister of Culture, Sports, and Tourism shall record and manage matters concerning the imposition and collection of penalty surcharges.
 Article 16 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 38 (1) of the Act, the Minister of Culture, Sports, and Tourism shall delegate the following authority to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, and the Governor of a Special Self-Governing Province:
1. Registration and registration of modification pursuant to Article 26 of the Act;
2. Receipt and acceptance of reports on succession to business pursuant to Article 30 (2) of the Act;
3. Receipt and acceptance of reports on temporary closure, closure, and resumption of business pursuant to Article 31 (1) of the Act;
4. Ex officio cancellation of registration pursuant to Article 31 (2) of the Act;
5. Revocation of registration pursuant to Article 33 (1) of the Act;
6. Dispositions of suspension of business pursuant to Article 33 (2) of the Act;
7. Imposition and collection of penalty surcharges (including disposition on default) pursuant to Article 34 (1) and (3) of the Act;
8. Holding hearings pursuant to Article 36 of the Act;
9. Imposition and collection of administrative fines pursuant to Article 41 (3) of the Act on and from a person under Article 41 (1) 7, 9, (2) 4, or 6.
(2) Pursuant to Article 38 (2) of the Act, the Minister of Culture, Sports and Tourism shall entrust the Korea Creative Content Agency (hereinafter referred to as "Agency") in Article 31 of the Framework Act on the Promotion of Cultural Industries, with the following duties:
1. Operation of the Support Center in Article 17 (1) of the Act;
2. Operation of the advisory committee in Article 17 (3) of the Act.
(3) Pursuant to Article 38 (2) of the Act, the Minister of Culture, Sports, and Tourism shall entrust the Agency or a trade association comprised of popular culture planning business persons with the following duties:
1. Research on actual conditions pursuant to Article 18 of the Act;
2. Education of popular culture planning business persons pursuant to Article 29 of the Act;
3. Construction and operation of a comprehensive information system pursuant to Article 32 of the Act.
(4) Where the Minister of Culture, Sports, and Tourism entrusts any duty pursuant to paragraph (3) to institutions, he/she shall publicly notify the entrusted institutions and details of the entrusted duties.
 Article 17 (Standards for Imposition of Administrative Fines)
Standards for imposition of administrative fines pursuant to Article 41 (1) and (2) of the Act, shall be as listed in attached Table 3.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014.
Article 2 (Applicability concerning Research on Actual Conditions of Popular Culture and Arts Industry and Persons Engaged therein)
The first research on actual conditions under Article 5 (2) shall be implemented in the year 2015.