Law Viewer

Back Home

ENFORCEMENT DECREE OF THE CULTURE AND ARTS PROMOTION ACT

Wholly Amended by Presidential Decree No. 20252, Sep. 10, 2007

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

Presidential Decree No. 20811, jun. 11, 2008

Presidential Decree No. 21087, Oct. 20, 2008

Presidential Decree No. 21626, Jul. 7, 2009

Presidential Decree No. 21629, Jul. 16, 2009

Presidential Decree No. 21676, Aug. 6, 2009

Presidential Decree No. 22208, jun. 15, 2010

Presidential Decree No. 23318, Nov. 25, 2011

Presidential Decree No. 23718, Apr. 10, 2012

Presidential Decree No. 24043, Aug. 13, 2012

Presidential Decree No. 24314, Jan. 16, 2013

Presidential Decree No. 24453, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25273, Mar. 24, 2014

Presidential Decree No. 25268, Mar. 24, 2014

Presidential Decree No. 25509, Jul. 28, 2014

Presidential Decree No. 26683, Nov. 30, 2015

Presidential Decree No. 26763, Dec. 28, 2015

Presidential Decree No. 26774, Dec. 30, 2015

Presidential Decree No. 26802, Dec. 30, 2015

Presidential Decree No. 26839, Dec. 31, 2015

Presidential Decree No. 26922, Jan. 22, 2016

Presidential Decree No. 27751, Dec. 30, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Culture and Arts Promotion Act and matters necessary for the enforcement thereof.
 Article 2 (Kinds of Cultural Facilities)
(1) “Facilities prescribed by Presidential Decree” referred to in Article 2 (1) 3 (e) of the Culture and Arts Promotion Act (hereinafter referred to as the “Act”) means the following:
1. Local cultural welfare facilities;
2. Facilities for cultural dissemination and inheritance;
3. Other facilities used for cultural and art activities on a continued basis, which are prescribed and publicly announced by the Minister of Culture, Sports and Tourism.
(2) Detailed classification of cultural facilities falling under each item of Article 2 (1) 3 of the Act shall be as shown in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 24043, Aug. 13, 2012]
CHAPTER II ESTABLISHMENT OF SPACE FOR CULTURE AND ARTS
 Article 3 (Buildings subject to Encouraging Establishment of Space for Culture and Arts)
"Large building prescribed by Presidential Decree" referred to in Article 5 (2) of the Act means the building, the total floor area of which is not less than 10,000 square meters, and which is prescribed by Municipal Ordinance of the local government where the building is located.
 Article 4 (Designation of Corporations or Organizations Specialized in Arts)
(1) A person who intends to file an application for the designation as a corporation specialized in arts or an organization specialized in arts (hereinafter referred to as “corporations or organizations specialized in arts”) pursuant to Article 7 (3) of the Act shall submit an application for designation (modification) as corporations or organizations specialized in arts in Form No. 1 attached hereto, along with each of the following documents, to the Minister of Culture, Sports and Tourism or the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of Special Self-governing Province (hereinafter referred to as "Mayor/Do Governor"):
1. Articles of incorporation or an agreement equivalent thereto;
2. A copy of a certificate of unique number (if applicable);
3. A registration certificate of a museum or art gallery under Article 17 of the Museum and Art Gallery Support Act or a copy of a registration certificate of a performance hall under Article 8 of the Enforcement Decree of the Public Performance Act (if applicable);
4. A copy of materials regarding current status of operation of the organization and human resources for the preceeding two years (in cases of a corporation or organization established not more than two years ago, referring to the period after its establishment; the same shall apply in subparagraphs 5 and 6);
5. A record of business performance and a written settlement of account for the preceeding two years;
6. A document proving a record of public performance or exhibition, record of supporting cultural and art projects and activities, or record of operating facilities for public performance or exhibition for the preceeding two years.
(2) The Minister of Culture, Sports and Tourism or Mayor/Do Governor shall, upon receiving an application for designation of corporations or organizations specialized in arts under paragraph (1), verify the following documents through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That he/she shall require the applicant to submit the relevant document, if the applicant does not consent to verification of a certificate of business registration:
1. A certificate of corporate registration;
2. A certificate of business registration.
(3) The Minister of Culture, Sports and Tourism or Mayor/Do Governor shall, upon receiving an application for designation under paragraph (1), designate such corporation or organization as a corporation or organization specialized in arts, taking into account the followings:
1. Propriety of operation of organization and human resources;
2. Soundness of financial management;
3. Record of public performance or exhibition, record of supporting cultural and art projects and activities, or record of operating facilities for public performance or exhibition;
4. Artistic completeness of performed or exhibited artworks;
5. Other matters deemed necessary by the Minister of Culture, Sports and Tourism or Mayor/Do Governor for promotion of culture and arts.
(4) If necessary to designate corporations or organizations specialized in arts, the Minister of Culture, Sports and Tourism or Mayor/Do Governor may organize and operate a deliberative committee, and necessary matters for the organization and operation of the deliberative committee shall be determined by the Minister of Culture, Sports and Tourism or Mayor/Do Governor.
(5) When the Minister of Culture, Sports and Tourism or Mayor/Do Governor designate corporations or organizations specialized in arts, he/she shall issue a written designation of a corporation or organization specialized in arts in Form No. 2 attached hereto, and shall record the details thereof in the register of designation of corporations or organizations specialized in arts in Form No. 3 attached hereto.
(6) Except as otherwise provided for in paragraphs (1) through (5), matters necessary for a Mayor/Do Governor in designating corporations or organizations specialized in arts shall be prescribed by Ordinance of Special Metropolitan City, Metropolitan City, Do or Special Self-governing Province (hereinafter referred to as “City/ Do”).
[This Article Wholly Amended by Presidential Decree No. 23318, Nov. 25, 2011]
 Article 4-2 (Modification of Designated Matters)
(1) Where a corporation or organization specialized in arts intends to modify any matter pursuant to the latter part of Article 7 (3) of the Act, it shall submit an application for designation (modification) of a corporation or organization specialized in arts in Form No. 1 attached hereto, along with each of the following documents, to the Minister of Culture, Sports and Tourism or a competent Mayor/Do Governor, within 30 days from the date on which the grounds for modification occurs:
1. A designation form of corporations or organizations specialized in arts;
2. Documents proving the modified details.
(2) When the Minister of Culture, Sports and Tourism or Mayor/Do Governor deems the application for designation or modification of a corporation or organization specialized in arts under paragraph (1) adequate, he/she shall state the modified details on the written designation of a corporation or organization specialized in arts and issue it to the applicant.
[This Article Newly Inserted by Presidential Decree No. 23318, Nov. 25, 2011]
 Article 4-3 (Cancellation of Designation of Corporations or Organizations Specialized in Arts)
(1) The term “where it fails to meet the standards prescribed by Presidential Decree” in Article 7 (4) 2 of the Act means cases falling under any of the following:
1. Where the record of staging planned or produced public performance or exhibition is less than once a year;
2. Where it fails to support cultural and art projects and activities or to operate facilities for public performance or exhibition for more than one year.
(2) The term “acts prescribed by Presidential Decree” in Article 7 (4) 3 of the Act means cases falling under any of the following:
1. Any act of causing disorder in exhibition or public performance;
2. Any act of receiving support pursuant to Article 7 (1) of the Act by submitting the record of artistic activities by fraud or other improper means.
(3) When the Minister of Culture, Sports and Tourism or Mayor/Do Governor cancels the designation of a corporation or organization specialized in arts pursuant to Article 7 (4) of the Act, he/she shall record the details thereof in a register of cancelled designation of corporations or organizations specialized in arts in Form No. 4 attached hereto.
[This Article Newly Inserted by Presidential Decree No. 23318, Nov. 25, 2011]
 Articles 5 through 11 Deleted. <by Presidential Decree No. 25509, Jul. 28, 2014>
 Article 12 (Installation of Art Works for Buildings)
(1) The buildings for which an amount equivalent to a specified ratio of construction costs shall be spent on art works under Article 9 (1) of the Act shall be any of the following buildings, the total floor area (referring to the total floor area under Article 119 (1) 4 of the Enforcement Decree of the Building Act, and excluding the area of parking lots, machinery room, electricity room, substation, power generating room, and air-conditioning room; hereinafter the same shall apply) of which is at least 10,000 square meters (in cases of extension, the extended floor area of at least 10,000 square meters), from among buildings classified by their purpose in attached Table 1 of the Enforcement Decree of the Building Act: Provided, That in cases of collective housing under subparagraph 1, it shall be limited to cases where the aggregated total floor area of all buildings is at least 10,000 square meters, and an art work shall be installed at a specified place within the housing complex wherein each building is located: <Amended by Presidential Decree No. 20811, Jun. 11, 2008; Presidential Decree No. 21629, Jul. 16, 2009; Presidential Decree No. 23318, Nov. 25, 2011; Presidential Decree No. 25273, Mar. 24, 2014; Presidential Decree No. 26763, Dec. 28, 2015>
1. Collective housing (excluding dormitories and publicly constructed rental housing under the Special Act on Public Housing);
2. Class I neighborhood living facilities (excluding facilities under subparagraph 3 (f), (g), and (h) (excluding urban gas plumbing facilities) of attached Table 1 of the Enforcement Decree of the Building Act) and Class II neighborhood living facilities;
3. Performance places, assembly halls, and viewing places from among cultural and assembly facilities;
4. Sales facilities;
5. Transportation facilities (excluding port facilities functioning as storage);
6. Hospitals from among medical facilities;
7. Business facilities;
8. Lodging facilities;
9. Amusement facilities;
10. Broadcasting and communications facilities (excluding Class I neighborhood living facilities).
(2) "Construction" referred to in Article 9 (1) of the Act means a new construction and an extension under Article 2 (1) 1 and 2 of the Enforcement Decree of the Building Act.
(3) "Construction costs" referred to in Article 9 (1) through (3) of the Act means the amount computed for the total floor area based on the standard building cost publicly announced by the Minister of Land, Infrastructure and Transport pursuant to Article 14 (2) of the Seoul Metropolitan Area Readjustment Planning Act (in cases of design change, the amount computed based on the total floor area as at the time of the final design change): Provided, That in cases of areas other than the Special Metropolitan City and Metropolitan Cities, it means the amount computed for the total floor area based on 95/100 of the standard building costs. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 23318, Nov. 25, 2011; Presidential Decree No. 24453, Mar. 23, 2013>
(4) "Art works" referred to in Article 9 of the Act means any of the following that have undergone appraisal or evaluation under Article 13: <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
1. Plastic arts, such as paintings, sculptures, artcraft, photographs, calligraphies, mural paintings, and media art;
2. Public sculptures acceptable as art works, such as fountains.
(5) The amount to be spent for the establishment of art works under Article 9 (1) of the Act shall be as shown in attached Table 2. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
(6) The amount to be contributed to a Culture and Arts Promotion Fund under Article 16 (1) of the Act (hereinafter referred to as “fund”) pursuant to Article 9 (3) of the Act shall be the amount equivalent to 70/100 of the amount under attached Table 2. <Newly Inserted by Presidential Decree No. 23318, Nov. 25, 2011>
 Article 13 (Procedures and Methods for Installation of Art Works)
(1) Where a building owner who has an obligation to install art works under Article 9 (1) of the Act intends to install art works at his/her building, he/she shall file an application for appraisal and evaluation on the price, artistry, etc. of the said art works with the Mayor/Do Governor who has jurisdiction over the area where the relevant building is located. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
(2) The Mayor/Do Governor who receives an application under paragraph (1) shall conduct a fair and objective appraisal and evaluation on the price, artistry, etc. of the relevant art works, and notify the building owner of the results thereof. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
(3) The Mayor/Do Governor shall verify whether an art work has been established in accordance with the results of the appraisal and evaluation under paragraph (2), before the competent permitting authority approves the use of the building under Article 22 of the Building Act. <Newly Inserted by Presidential Decree No. 23318, Nov. 25, 2011>
(4) Other necessary matters for the procedures, etc. for installing art works shall be prescribed by ordinances of a City/Do. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
 Article 13-2 (Procedure and Method of Fund Contribution)
(1) A building owner who intends to contribute the amount under Article 12 (6) to a fund pursuant to Article 9 (2) of the Act (hereinafter referred to as “building owner” in this Article) shall submit a plan for the contribution to the Culture and Arts Promotion Fund in Form No. 5 attached hereto, to a Mayor/Do Governor and the Arts Council Korea under Article 20 of the Act (hereinafter referred to as the “Arts Council Korea”), respectively.
(2) A building owner shall make a contribution to the fund before filing an application for approval for the use of a building under Article 22 of the Building Act, and when the building owner completed the contribution of the amount under Article 12 (6), the Arts Council Korea shall issue a written confirmation of the contribution to the Culture and Arts Promotion Fund in Form No. 6 attached hereto to the building owner within ten days from the date of making the contribution and notify it to the Mayor/Do Governor.
[This Article Newly Inserted by Presidential Decree No. 23318, Nov. 25, 2011]
 Article 14 (Art Works Deliberative Committee)
(1) A Mayor/Do Governor may operate an art works deliberative committee comprised of members including specialists in the fields of arts, construction, environment, space design, urban planning, etc. and delegates of citizens, for the purpose of ensuring a fair and objective appraisal and evaluation of the price, artistry, etc. of art works under Article 13 (2). In such cases, the number of specialists in the relevant field shall be at least 2/3 of the committee members. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
(2) The art works deliberative committee under paragraph (1) shall deliberate on the following matters: <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
1. Price of art works;
2. Artistry of art works;
3. Harmony of art works and buildings with environment;
4. Accessibility to art works;
5. Other matters, such as art works’s contribution to the city’s fine view.
(3) When the art works deliberative committee has deliberated on matters falling under each subparagraph of paragraph (2), it shall publicly announce the results on the public gazette. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
(4) Necessary matters for the composition, operation, etc. of the art works deliberative committee shall be prescribed by ordinances of a City/Do. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
 Article 15 (Measures in Times of Removal or Damage of Art Works)
Where art works installed pursuant to Article 9 of the Act have been removed, damaged, changed in usage, or lost, a Mayor/Do Governor shall take measures to cause the relevant building owner to restore them to the original state: Provided, That this shall not apply to cases not attributable to the building owner. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
 Article 15-2 (Preparation and Management of Art Works Management Register)
A Mayor/Do Governor shall prepare and manage the art works management register in Form No. 7 attached hereto for the art works installed in the relevant City/Do pursuant to Article 9 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23318, Nov. 25, 2011]
CHAPTER III PROMOTION OF CULTURE AND ART WELFARE
 Article 16 Deleted. <by Presidential Decree No. 25268, Mar. 24, 2014>
 Article 17 (Awarding Culture and Arts Prize of the Republic of Korea)
(1) The State may award the "Culture and Arts Prize of the Republic of Korea" to cultural artists or cultural and art organizations having rendered remarkably distinguished services to the promotion of culture and arts of the Republic of Korea, pursuant to Article 11 of the Act.
(2) Awarding of the Culture and Arts Prize of the Republic of Korea shall be governed by the Government’s Commendation Regulations, and the fields and number of persons to be awarded and other necessary matters shall be prescribed by the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 24314, Jan. 16, 2013>
 Article 18 (Scope of International Contests)
"International contests prescribed by Presidential Decree" referred to in Article 11 of the Act means authoritative contests in the field of culture and arts, which have been held on at least 10 occasions with the participation of 15 or more countries, or contests recognized by the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 19 (Designation of Agencies, etc. to Open Cultural Courses)
(1) Where any of the following institutions or organizations intends to open and operate cultural courses, the Governor of the Special Self-governing Province or the head of a relevant Si/Gun/Gu may disseminate culture and arts by designating the said institutions or organizations as the institutions or organizations in which cultural courses are opened under Article 12 (1) of the Act: Provided, That in cases of institutions or organizations established by the State, the Minister of Culture, Sports and Tourism may designate them as such: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 23318, Nov. 25, 2011>
1. Cultural facilities established by the State or local governments;
2. Museums or art galleries registered under Article 16 of the Museum and Art Gallery Support Act;
3. Local cultural institutes authorized to be established pursuant to Article 4 (1) of the Promotion of Local Cultural Institutes Act;
4. Juvenile training facilities established under subparagraph 1 of Article 10 of the Juvenile Activity Promotion Act;
5. Other institutions or organizations deemed by the Minister of Culture, Sports and Tourism to be able to open and operate cultural courses.
(2) The Minister of Culture, Sports and Tourism, the Governor of the Special Self-governing Province or the head of a Si/Gun/Gu shall examine the following matters, in making the designation under paragraph (1): <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 23318, Nov. 25, 2011>
1. Matters concerning cultural course programs and its lecturers;
2. Matters concerning the utilization of equipment and facilities for cultural courses;
3. Plans for appropriating expenses incurred in operating cultural courses.
 Article 20 (Promotion of Culture and Arts in Schools, etc.)
Schools and work places encouraged to form one or more clubs for cultural and art activities pursuant to Article 13 of the Act shall be the schools of each level pursuant to Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act, and the work places having 100 or more employees working full-time.
 Article 21 (Certification Criteria, etc. for of Gift Voucher for Exclusive Use for Books and Culture)
(1) Certification criteria of gift vouchers for exclusive use for books and culture under Article 15 of the Act shall be as follows: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. The capital and total amount of assets of a gift voucher issuer shall exceed the criteria prescribed and publicly announced by the Minister of Culture, Sports and Tourism;
2. The total value of gift vouchers issued and redeemed in the preceding year shall exceed the criteria prescribed and publicly announced by the Minister of Culture, Sports and Tourism;
3. Number of the member stores, and the size of redemption amount therefrom, where the cultural and artistic goods or services, such as books, public performances, and movies, may be purchased, from among the number of total member stores and the volume of annual redemption amount, shall exceed the ratio prescribed and publicly announced by the Minister of Culture, Sports and Tourism.
(2) Deleted. <by Presidential Decree No. 21087, Oct. 20, 2008>
 Article 22 Deleted. <by Presidential Decree No. 21087, Oct. 20, 2008>
 Article 23 (Certification Procedures, etc. for Gift Voucher for Exclusive Use for Books and Culture)
(1) A person who intends to obtain certification for gift vouchers for exclusive use for books and culture under Article 15 of the Act shall apply for certification to the Minister of Culture, Sports and Tourism by no later than the end of March each year. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) When the Minister of Culture, Sports and Tourism has received an application for certification under paragraph (1), he/she shall determine whether to certify it by no later than the end of April each year, and notify the applicant of the details of relevant decision. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21087, Oct. 20, 2008>
(3) Where the Minister of Culture, Sports and Tourism has determined certification under paragraph (2), he/she shall publicly announce the relevant facts, and issue the written certification to the person subjected to certification. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(4) The effective period of certification for gift vouchers for exclusive use for books and culture shall be one year.
(5) A person who has received the written certification under paragraph (3) may indicate the details and certification period on the relevant gift voucher.
(6) Necessary matters for application for certification and issuance of the written certification, other than those provided for in paragraphs (1) through (5), shall be prescribed and publicly announced by the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 23-2 (Scope of Culturally Marginalized People)
"Culturally marginalized people prescribed by Presidential Decree" referred to in Article 15-4 (1) of the Act means persons falling under any of the following subparagraphs: <Amended by Presidential Decree No. 26683, Nov. 30, 2015>
1. A recipient of assistances under subparagraph 2 of Article 2 of the National Basic Living Security Act;
2. A person falling under any of the following, among those falling under next needy classes under subparagraph 10 of Article 2 of the National Basic Living Security Act:
(a) A recipient of self-support assistance under Article 7 (1) 7 of the National Basic Living Security Act;
(b) A recipient of disability allowances under Article 49 (1) of the Act on Welfare of Persons with Disabilities and a recipient of allowances for children with disabilities under Article 50 (1) of the same Act;
(c) A recipient of pensions for persons with disabilities under Article 5 of the Act on Pensions for Persons with Disabilities;
(d) A person falling under cases of subparagraph 3 (d) of attached Table 2 of the Enforcement Decree of the National Health Insurance Act.
3. A person eligible for protection under Article 5 of the Single-Parent Family Support Act;
4. Other persons who need support to enjoy culture and arts due to economic, social, or geographical limitation, etc., who are prescribed and publicly announced by the Minister of Culture, Sports and Tourism.
[This Article Newly Inserted by Presidential Decree No. 24043, Aug. 13, 2012]
 Article 23-3 (Materials Necessary for Provision of Culture Voucher)
"Materials prescribed by Presidential Decree" referred to in Article 15-4 (2) of the Act means materials falling under any of the following subparagraphs:
1. Materials to confirm the eligibility as the culturally marginalized people under Article 23-2;
2. A certified copy of resident registration;
3. A family relation certificate;
4. Other materials necessary for confirming the eligibility for the issuance of a culture voucher, among materials regarding national taxes, local taxes, land, buildings, etc., prescribed by the Minister of Culture, Sports and Tourism.
[This Article Newly Inserted by Presidential Decree No. 24043, Aug. 13, 2012]
 Article 23-4 (Exclusive Agency for Culture Voucher Project)
(1) An exclusive agency for culture voucher projects under Article 15-4 (4) of the Act shall be the Arts Council Korea.
(2) The Arts Council Korea, as the exclusive agency under paragraph (1) shall perform the following duties:
1. Overall control over culture voucher issuance;
2. Establishment and operation of the information system under Article 15-4 (4) of the Act and collection and management of materials;
3. Development and dissemination of measures to foster culture voucher projects and to provide human service and financial support;
4. Cooperation with cultural and arts organizations and facilities to invigorate culture voucher projects;
5. Surveys, research, education, and promotion to invigorate the use of culture vouchers;
6. Projects to improve the convenience for culture voucher users;
7. Preparation and management of statistics of culture voucher projects;
8. Other duties necessary for the efficient performance of culture voucher projects.
[This Article Newly Inserted by Presidential Decree No. 24043, Aug. 13, 2012]
 Article 23-5 (Issuance, etc. of Culture Voucher)
(1) A culture voucher shall be issued by the chairperson of the Arts Council Korea or the head of each Si/Gun/Gu (for the cases of Jeju Special Self-Governing Province, referring to the head of an administrative city under Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter the same shall apply in Article 36-2). <Amended by Presidential Decree No. 26922, Jan. 22, 2016>
(2) Necessary matters concerning the issuance procedure for culture vouchers under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Presidential Decree No. 24043, Aug. 13, 2012]
CHAPTER IV CULTURE AND ARTS PROMOTION FUND
 Article 24 (Management and Operation of Fund)
(1) Accounting of the fund shall be in accordance with the principles under Article 5 of the Enterprise Budget and Accounts Act. <Amended by Presidential Decree No. 23318, Nov. 25, 2011>
(2) The Arts Council Korea shall prepare a draft Fund operation plan for the following year under Article 66 (8) of the National Finance Act, and submit it to the Minister of Culture, Sports and Tourism by May 20 each year. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(3) The Arts Council Korea shall submit a report on the settlement of accounts of the Fund to the Minister of Culture, Sports and Tourism by February 20 of the following year under Article 73 (1) of the National Finance Act. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(4) Except as otherwise provided for in this Decree and the National Finance Act and the Enforcement Decree thereof, necessary matters for the management and operation of the Fund shall be determined by the Arts Council Korea subject to the approval of the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 25 (Creation, etc. of Fund)
(1) "Other earnings prescribed by Presidential Decree" referred to in Article 17 (1) 5 of the Act means the following: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 23318, Nov. 25, 2011>
1. Money transferred from other funds;
2. Other earnings recognized by the Minister of Culture, Sports and Tourism.
(2) The Arts Council Korea shall report the value and names of annual donation by kind by January 20 of the following year to the Minister of Culture, Sports and Tourism, pursuant to Article 17 (4) of the Act. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 26 Deleted. <by Presidential Decree No. 25509, Jul. 28, 2014>
CHAPTER V ARTS COUNCIL KOREA, ETC.
 Article 27 (Registration for Incorporation)
Matters to be registered for the incorporation of the Arts Council Korea under Article 21 of the Act shall be as follows:
1. Purposes;
2. Name;
3. Location of it head office;
4. Names, resident registration numbers and addresses of the members of the Arts Council Korea;
5. Matters concerning its property;
6. Methods of contribution and the amount of relevant contribution.
 Article 28 (Composition, etc. of Member Recommendation Committee)
(1) The member recommendation committee under Article 23 (2) of the Act shall be comprised of not less than 20, but not more than 25 members, and the members shall be commissioned by the Minister of Culture, Sports and Tourism from among the following persons: Provided, That when the member for a vacant position is recommended under Article 25 (2) of the Act, the member recommendation committee may be comprised of not less than five, but not more than ten members: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Persons having served for not less than ten years in the fields of creation, research, planning, or administration of culture and arts;
2. Persons having acted for not less than ten years in any cultural and art organization;
3. Persons having profound knowledge in culture and arts, who have served for not less than ten years in the specialized fields, such as legal circles, educational circles, press circles or economic circles;
4. Persons whose careers falling under subparagraphs 1 through 3 is not less than ten years in total.
(2) The Minister of Culture, Sports and Tourism shall take into account the following matters in commissioning the members of the member recommendation committee under the main sentence of paragraph (1): <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Not less than two specialists in each field of literature, fine arts, music, dance, drama, and traditional arts, and not less than five specialists in the fields of general culture, welfare, arts management, administration, or local culture, etc. shall be included;
2. Persons belonging to any one organization (referring to any nonprofit cultural and art organization established by obtaining permission or authorization from the Government) shall not exceed a majority of the committee;
3. Ratio of female members shall be at least 30/100.
(3) If necessary for organizing the member recommendation committee under paragraph (1), the Minister of Culture, Sports and Tourism may request cultural and art organizations, etc. to recommend members. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(4) The member recommendation committee shall continue to exist by the date on which the candidates for members of the Arts Council Korea are recommended to the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 29 (Meetings, etc. of Member Recommendation Committee)
(1) The chairperson of the member recommendation committee shall be elected from among and by its members.
(2) The meetings of the member recommendation committee shall make a resolution by the attendance of not less than 2/3 of all incumbent members and the consent of a majority of those present.
 Article 30 (Recommendation of Candidates for Members)
(1) The member recommendation committee shall select twice the required number of members, from among persons satisfying the conditions of each subparagraph of Article 28 (1) within 30 days from its composition date as the candidates for the members of the Arts Council Korea, and recommend them to the Minister of Culture, Sports and Tourism. In such cases, the member recommendation committee shall not recommend the members of the member recommendation committee as the candidates for the members of the Arts Council Korea. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) When the member recommendation committee recommends candidates for members under paragraph (1), it shall consider the following matters:
1. Candidates shall have balanced sense, political understanding on the overall culture and art, and capabilities, etc. to become the candidates for members;
2. Specialists in each arts field, such as literature, fine arts, music, dance, drama, and traditional arts, and the fields of general culture, welfare, arts management, administration, or local culture, etc. shall be included with balance in recommendation;
3. Male, female, and person from different age group shall be included with balance in recommendation.
(3) When the member recommendation committee intends to select the candidates for members under paragraph (1), it shall undergo an open recruiting process. In such cases, the plans, etc. for open recruitment shall be publicly announced in advance through daily newspapers, the Internet, etc.
 Article 31 (Establishment, etc. of Evaluation Plans)
(1) The Minister of Culture, Sports and Tourism shall establish matters concerning the performance target for fund supports in the following year and the evaluation criteria (hereinafter referred to as "evaluation plans") by November 30 each year, and notify it to the Arts Council Korea pursuant to Article 35 (2) of the Act. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) Evaluation plans under paragraph (1) shall include the following matters:
1. Purposes and necessity of the evaluation;
2. Objects and scope of the evaluation;
3. Performance targets of duties subject to evaluation and achievement plans;
4. Evaluation methods (including the evaluation criteria for the measurement of achievements);
5. Utilization plans for the evaluation results.
 Article 32 (Composition and Operation of Evaluation Group)
Where the Minister of Culture, Sports and Tourism deems it necessary for measuring and evaluating the performance of fund supports under Article 35 (4) of the Act, he/she may organize the evaluation group consisting of the public officials belonging to the Ministry of Culture, Sports and Tourism, persons falling under any subparagraph of Article 28 (1) and the specialists in the fund operation. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 33 (Investigation, Research, etc.)
(1) Where the Minister of Culture, Sports and Tourism deems it necessary for measuring and evaluating the performance of fund supports under Article 35 (4) of the Act, he/she may entrust the related specialized institutions, etc. with investigations and research. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) Where the Minister of Culture, Sports and Tourism deems it necessary for measuring and evaluating the performance of fund supports, he/she may request the Arts Council Korea to submit the related data or documents. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 34 (Approval of Project Plans, etc.)
(1) The Arts Council Korea and the Seoul Arts Center under Article 37 of the Act (hereinafter referred to as the "Center") shall establish and prepare project plans and the budget for the following year before the following fiscal year begins, and submit them to the Minister of Culture, Sports and Tourism for his/her approval: Provided, That this shall not apply to the project plans and the budget of the Arts Council Korea that directly aim at supporting the culture and arts included in the Fund operation plan established under the National Finance Act. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 22208, Jun. 15, 2010; Presidential Decree No. 23318, Nov. 25, 2011>
(2) When the Arts Council Korea or the Center intends to modify the project plan and the budget approved under paragraph (1), it shall obtain approval for such modification from the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 35 (Submission of Actual Achievements of Project, etc.)
The Center shall submit a report on project performance and settlements of accounts, and a balance sheet to the Minister of Culture, Sports and Tourism by the end of February of the following year after each fiscal year ends. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 22208, Jun. 15, 2010>
 Article 36 (Gratuitous Transfer of State Property)
“State property prescribed by Presidential Decree" referred to in Article 37 (4) of the Act means the State property publicly announced in the Official Gazette by the Minister of Culture, Sports and Tourism, following consultation with the Minister of Strategy and Finance, which are buildings wherein the Center is located and appurtenant land thereto as of July 13, 2000. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 36-2 (Management of Sensitive Information and Personally Identifiable Information)
The chairperson of the Arts Council Korea and the head of each Si/Gun/Gu may manage sensitive information under Article 23 of the Personal Information Protection Act or data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the same Act, if it is inevitable to conduct affairs concerning the provision and management of a culture voucher under Article 15-4 of the Act.
[This Article Newly Inserted by Presidential Decree No. 24043, Aug. 13, 2012]
 Article 37 (Re-Examination of Regulation)
The Minister of Culture, Sports and Tourism shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year), and take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. Procedures for and methods of applying for designation as corporations or organizations specialized in arts under Article 4: January 1, 2016;
2. Types and sizes of buildings for which an amount equivalent to a certain ratio of construction costs needs to be spent on installing art works under Articles 12, 13 and 13-2, and installation procedures, methods, etc.: January 1, 2017.
[This Article Wholly Amended by Presidential Decree No. 26802, Dec. 30, 2015]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relation to other Statutes)
Where provisions of the former Enforcement Decree of the Culture and Arts Promotion Act have been cited in other Statutes as at the time this Decree enters into force, it shall be deemed that the corresponding provisions of this Decree have been cited in place of the former provisions if provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 20811, Jun. 11, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21629, Jul. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22208, Jun. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 18, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23318, Nov. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2011.
Article 2 (Transitional Measures Concerning Appraisal and Evaluation of Art Decorations)
Former provisions shall apply to the appraisal and evaluation on the price, artistry, etc. of the art decorations for which an application was filed with the head of the relevant Si/Gun as at the time this Decree enters into force, notwithstanding the amended provisions of Articles 13 and 14.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 24043, Aug. 13, 2012>
This Decree shall enter into force on August 18, 2012.
ADDENDA <Presidential Decree No. 24314, Jan. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24453, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25268, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 31, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25273, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25509, Jul. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 and 10 Omitted.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 26802, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26839, Dec. 31, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Amendment of Forms)
Forms under the previous provisions as at the time this Decree enters into force may also be used with forms under this Decree for three months after this Decree enters into force.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 and 6 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 and 12 Omitted.