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ENFORCEMENT DECREE OF THE SPECIAL ACT ON ASSISTANCE IN DEVELOPMENT OF REGIONAL BROADCASTING

Presidential Decree No. 25815, Dec. 3, 2014

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Special Act on Assistance in Development of Regional Broadcasting and matters necessary for the enforcement of said Act.
 Article 2 (Formulation, etc., of Plans for Assistance in Developing Regional Broadcasting)
(1) Where it is necessary to formulate and implement a plan for assistance in developing regional broadcasting (hereinafter referred to as "assistance plan") under Article 7 (1) of the Special Act on Assistance in Development of Regional Broadcasting (hereinafter referred to as the "Act"), the Korea Communications Commission may hear opinions of relevant experts or request related central administrative agencies, local governments, regional broadcasting business operators, and other related organizations to cooperate in submitting data and presenting opinions.
(2) The Korea Communications Commission may gather consensus through public hearings, etc., to formulate an assistance plan.
 Article 3 (Provision, etc., of Funds from Broadcasting Communications Development Fund)
(1) Where the Korea Communications Commission intends to provide funds from the Broadcasting Communications Development Fund under Article 24 of the Framework Act On Broadcasting Communications Development pursuant to Article 7 (4) of the Act, it shall consider whether an assistance plan correlates with projects eligible for funding.
(2) Where a regional broadcasting business operator who has received funds from the Broadcasting Communications Development Fund falls under any of the following cases, the Korea Communications Commission shall recover all or part of the funds provided from the Broadcasting Communications Development Fund:
1. Where he/she has received the funds by fraud or other fraudulent means;
2. Where he/she has used the funds provided from the Broadcasting Communications Development Fund for other than the purposes designated as at the time of funding, in violation of Article 7 (5) of the Act.
 Article 4 (Subsidization of Budget for Organizations Related to Regional Broadcasting)
Where the Korea Communications Commission subsidizes a budget for an association, etc., related to regional broadcasting pursuant to Article 8 of the Act, it shall subsidize the budget for serving the purpose of an assistance plan based on the details of a project implemented by the relevant association, etc., and its capacity to implement the project, etc.
 Article 5 (Composition and Operation of the Committee)
(1) The Regional Broadcasting Development Committee (hereinafter referred to as the "Committee") prescribed in Article 9 of the Act, shall be comprised of nine members, including one chairperson and one vice chairperson.
(2) The chairperson shall represent the Committee and preside over its affairs.
(3) Where the chairperson is unable to perform his/her duties due to extenuating circumstances, the vice chairperson shall perform such duties; and where both the chairperson and the vice chairperson are unable to perform the duties, a member in order of seniority among Committee members, shall perform the duties.
 Article 6 (Recommendation of Members)
(1) The Chairperson of the Korea Communications Commission may publish organizations that may recommend Committee members (hereinafter in this Article, referred to as "organization entitled to recommend Committee members"), considering the results of activities related to regional broadcasting among organizations related to regional broadcasting pursuant to Article 10 (3) 3 of the Act.
(2) The Chairperson of the Korea Communications Commission shall appoint five persons as Committee members, from among nominees recommended by each organization entitled to recommend Committee members.
 Article 7 (Exclusion, Challenge, and Avoidance of Committee members)
(1) Where a Committee member falls under any of the following cases, he/she shall be excluded from deliberation or resolving on agenda items:
1. Where the Committee member or his/her current or former spouse, becomes a person directly involved in the relevant agenda item or is a joint obligee or obligor with the person directly involved in the relevant agenda item;
2. Where a company or organization to which the Committee member or his/her spouse belongs, becomes directly involved in the relevant agenda item or is a joint obligee or obligor with the person directly involved in the relevant agenda item;
3. Where the Committee member is a current or former relative of the person directly involved in the relevant agenda item;
4. Where the Committee member is a current or former agent of the person directly involved in the relevant agenda item.
(2) Where it is difficult for the person directly involved in the relevant agenda item to expect a fair deliberation or resolving by a Committee member, such person may file an application to challenge the relevant Committee member; and the Committee shall determine the challenge following a resolution by the Committee. In such cases, no Committee member whom an application is filed to challenge shall participate in the resolution.
(3) Where a Committee member has a reason for exclusion in any of subparagraphs of paragraph (1), the member shall voluntarily avoid participating in deliberation or resolving on the relevant agenda item.
 Article 8 (Submission of Agenda to the Committee)
Each Committee member may submit a meeting agenda to the Committee.
 Article 9 (Operation of Subcommittees)
(1) The Committee may establish subcommittees for each field pursuant to Article 11 (2) of the Act.
(2) Each subcommittee shall be comprised of at least three members designated by the chairperson from among Committee members.
(3) Each subcommittee shall perform duties regarding matters designated for each field by the Committee, and report the outcomes of performing its duties to the Committee.
 Article 10 (Utilization of Experts)
(1) The Committee may seek advice concerning affairs from experts or request them to examine data or present opinions, to facilitate the Committee’s and subcommittees’ in affairs pursuant to Article 11 (3) of the Act.
(2) The Committee may pay allowances and travel expenses to experts who have conducted affairs under paragraph (1), and reimburse travel expenses, within budgetary limits.
(3) Where necessary, the Committee may operate the council of experts, comprised of experts in the related fields.
 Article 11 (Detailed Rules Governing Operation)
In addition to matters provided for by Articles 5 through 10, necessary matters for the composition and operation of the Committee, subcommittees, and the council of experts, shall be prescribed by the chairperson of the Committee following a resolution by the Committee.
 Article 12 (Entrustment of Affairs)
The Chairperson of the Korea Communications Commission shall entrust the following affairs to a media-related corporation or organization published by the Korea Communications Commission, comprehensively considering its capacity to implement projects and the results of related activities, etc., among the media-related corporations or organizations pursuant to Article 17 of the Act:
1. Affairs concerning assistance in research, study, technical development, education, and human resources training for developing regional broadcasting under Article 7 (2) 6 of the Act;
2. Affairs concerning strengthening the competitiveness of regional broadcasting programming under Article 7 (2) 8 of the Act; and encouraging the distribution of regional broadcasting programming in the Korean and overseas markets.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on December 4, 2014.
Article 2 Omitted.