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ACT ON THE PROTECTION AND PROMOTION OF CULTURAL DIVERSITY

Act No. 12691, May 28, 2014

 Article 1 (Purpose)
The purpose of this Act is to enhance the quality of individuals' cultural life and to contribute to social integration and creation of a new culture based on cultural diversity by prescribing basic matters relating to formulation, execution, etc. of policies for protecting and promoting cultural diversity for the purpose of implementing the Convention on the Protection and Promotion of the Diversity of Cultural Expressions of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as the "UNESCO").
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term “cultural diversity” means the manifold ways in which the culture of groups and societies is expressed and passed on within and among groups and societies, and is made manifest not only through the various ways in which the cultural heritage of humanity is expressed, augmented and transmitted through the variety of cultural expressions, but also through diverse modes of artistic creation, production, dissemination, distribution and enjoyment, regardless of the means and technologies thereof;
2. The term “cultural expressions” means those expressions that result from the creativity of individuals, groups and societies, and that have the symbolic meanings, artistic dimension and cultural values that originate from or express cultural identities.
 Article 3 (Responsibilities of the State and Local Governments)
(1) The State and local governments shall take measures for protecting and promoting cultural diversity; encourage, protect and cultivate culture and arts activities based on cultural diversity; and actively secure financial resources necessary therefor.
(2) The State and local governments shall endeavor to formulate and implement policies and conduct a survey and research concerning cultural diversity, to support culture and arts activities for promoting cultural diversity, and to build a system for exchange and cooperation with other nations and international organizations related to cultural diversity.
(3) The State and local governments shall not discriminate on the grounds of cultural differences according to nationality, ethnicity, race, religion, language, region, gender, generation, etc., with respect to support for or participation in cultural expressions and culture and art activities.
 Article 4 (Rights and Responsibilities of Members of Society)
All the members of the society shall have the freedom of and right to cultural expressions, and endeavor to respect and understand diverse cultural expressions of other members of the society.
 Article 5 (Relationship to other Acts)
(1) This Act shall apply to protecting and promoting cultural diversity, except as otherwise specially provided for in other Acts.
(2) Where any other Act is enacted or amended in relation to protecting and promoting cultural diversity, such Act shall conform to the provisions of this Act.
 Article 6 (Formulation and Execution of Basic Plans, etc)
(1) The Minister of Culture, Sports and Tourism shall formulate a basic plan for the protection and promotion of cultural diversity (hereinafter referred to as a “basic plan”) every four years for the purpose of protecting and promoting cultural diversity.
(2) A basic plan shall contain the following matters:
1. Policy directions for protecting and promoting cultural diversity, and implementation goals;
2. Each of the following projects:
(a) Survey and research for raising awareness of cultural diversity;
(b) Identification and dissemination of culture and arts activities for promoting cultural diversity;
(c) Production and dissemination of information materials for protecting and promoting cultural diversity;
(d) ?Development of cultural facilities for promoting cultural diversity;
(e) Education and publicity activities for protecting and promoting cultural diversity;
(f) Cultivation of human resources for protecting and promoting cultural diversity;
(g) International exchanges and cooperation with international organizations for protecting and promoting cultural diversity.
3. Raising and operation of financial resources necessary for implementing policies for protecting and promoting cultural diversity;
4. Other matters necessary for formulating and implementing policies for protecting and promoting cultural diversity.
(3) The Minister of Culture, Sports and Tourism shall hear the opinions of the heads of local governments in formulating a basic plan, and determine and implement it after undergoing consultation with the heads of the relevant central administrative agencies and deliberation by the Cultural Diversity Committee prescribed in Article 7.
(4) The Minister of Culture, Sports and Tourism shall formulate and execute an annual implementation plan for promoting a basic plan (hereinafter referred to as an “implementation plan”).
(5) The Minister of Culture, Sports and Tourism shall endeavor to promote active participation by members of the society when he/she formulates and executes a basic plan and an implementation plan.
(6) For the purposes of formulating, revising, etc. a basic plan or implementation plan, the Minister of Culture, Sports and Tourism may request submission of necessary materials from the heads of the relevant central administrative agencies, the heads of the relevant local governments, or the heads of the relevant education/research institutions, corporations or organizations, and the heads of the relevant institutions or organizations, in receipt of such request, shall comply with it, except in extenuating circumstances.
(7) Other matters necessary for formulating, revising, implementing, etc. a basic plan and an implementation plan shall be prescribed by Presidential Decree.
 Article 7 (Cultural Diversity Committee)
(1) The Cultural Diversity Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister for the purpose of deliberating on and coordinating the following matters:
1. Matters relating to formulating and revising a basic plan;
2. Matters relating to evaluating the implementation of a basic plan;
3. Matters relating to actual status surveys on cultural diversity prescribed in Article 8;
4. Matters relating to annual reports prescribed in Article 9;
5. Matters relating to cooperation and coordination among the relevant Ministries concerning policies for protecting and promoting cultural diversity;
6. Matters relating to cooperation with other nations concerning policies for protecting and promoting cultural diversity;
7. Other matters deemed to require deliberation and coordination by the chairperson of the Committee, in relation to policies for protecting and promoting cultural diversity.
(2) The Committee shall be comprised of up to 20 members, including one chairperson, and the Prime Minister shall serve as the chairperson and its members shall be appointed or commissioned by the Prime Minister from among the heads of the relevant central administrative agencies and persons with sufficient professional knowledge about or experience in policies for protecting and promoting cultural diversity, as prescribed by Presidential Decree.
(3) Other matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree.
 Article 8 (Actual Status Surveys on Cultural Diversity)
(1) The Minister of Culture, Sports and Tourism may survey the cultural elements that constitute cultural diversity, the level of awareness on the protection and promotion of cultural diversity, and the actual status of cultural enjoyment and creative activities (hereinafter referred to as a “actual status survey on cultural diversity”), and publish the outcomes of such survey.
(2) Matters necessary for the survey items, methods, etc. of an actual status survey on cultural diversity prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 9 (Annual Reports)
(1) The Minister of Culture, Sports and Tourism shall prepare and submit to the National Assembly an annual report on the current status of implementing policies for protecting and promoting cultural diversity as well as the outcomes of evaluating the detailed implementation of such policies prior to the date the regular session of the National Assembly commences.
(2) A report referred to in paragraph (1) shall contain the following matters:
1. Formulation and management of an annual implementation plan based on a basic plan;
2. Current status of implementing cultural diversity policies, and the outcomes of evaluation thereof;
3. Outcomes and Analysis of an actual status survey on cultural diversity;
4. Other matters prescribed by Presidential Decree.
(3) Matters necessary for preparing, submitting, etc. a report referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 10 (Preparation of National Reports)
(1) The Government shall prepare a national report stipulated in Article 9 of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions of the UNESCO, and submit it to the UNESCO after undergoing deliberation by the Committee.
(2) Where it is necessary to prepare a national report referred to in paragraph (1), the Minister of Culture, Sports and Tourism may request submission of materials from the heads of the relevant central administrative agencies and the heads of local governments, and the heads of the relevant central administrative agencies and the heads of local governments, in receipt of such request, shall comply with it, except in extenuating circumstances.
 Article 11 (Day of Cultural Diversity)
(1) In order to promote the public understanding of cultural diversity, the government shall designate May 21 each year as the day of cultural diversity, and one week from the cultural diversity day as the week of cultural diversity.
(2) Matters necessary for events for the day of cultural diversity may be separately determined by the Minister of Culture, Sports and Tourism, the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor.
 Article 12 (Support for Protection and Promotion of Cultural Diversity)
(1) The State and local governments may support culture and arts, academia, physical education, the cultural industry, etc. for the purpose of protecting and promoting cultural diversity.
(2) The State and local governments may establish or support cultural facilities for protecting and promoting cultural diversity.
(3) Matters necessary for the criteria, procedures, etc. for providing support stipulated in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 13 (Education on Protection and Promotion of Cultural Diversity)
(1) The State and local governments shall endeavor to provide cultural diversity education by utilizing educational facilities, such as schools, educational organizations, etc. so that the members of the society can improve their understanding of cultural diversity and contribute to protecting and promoting it.
(2) Matters necessary for the targets, details, etc. of education referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 14 (Cultivation of Human Resources Specializing in Cultural Diversity)
(1) The State and local governments shall strive to nurture human resources specializing in protecting and promoting cultural diversity.
(2) Matters necessary for nurturing professional human resources, etc. prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 15 (Delegation or Entrustment of Authority)
The Minister of Culture, Sports and Tourism may partially delegate his/her authority pursuant to this Act to the heads of local governments, as prescribed by Presidential Decree, or partially entrust his/her duties pursuant to this Act to institutions or organizations established for the purpose of protecting and promoting cultural diversity.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.