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REGIONAL CULTURE PROMOTION ACT

Act No. 12354, Jan. 28, 2014

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to improve the quality of life of the residents and realize a culturally vibrant country by prescribing matters necessary for promoting regional cultures, thereby narrowing the cultural gap among regions and develop a distinctive and indigenous culture in each region.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term “regional culture” means the cultural heritage, culture and arts, living culture, cultural industry, and tangible and intangible cultural activities related thereto, which are based on an administrative district of local government under the Local Autonomy Act or a region with common historical and cultural identity;
2. The term “living culture” means tangible and intangible cultural activities which residents of a region voluntarily or routinely participate in and perform to meet their cultural needs;
3. The term “culture and arts” means culture and arts under Article 2 (1) 1 of the Culture and Arts Promotion Act;
4. The term “cultural facility” means a cultural facility under Article 2 (1) 3 of the Culture and Arts Promotion Act;
5. The term “living cultural facility” means a facility prescribed by Presidential Decree, where living culture is directly or indirectly created;
6. The term “city of culture” means a city of culture designated pursuant to Article 15 to reinforce power of creating culture by efficiently utilizing cultural resources with regional characteristics, such as cultural arts, cultural industry, tourism, tradition, history, and visual images;
7. The term “zone of culture” means a zone designated pursuant to Article 18 to foster cultural facilities and cultural business categories, vitalize specialized activities for culture and arts, or preserve cultural resources and cultural characteristics;
8. The term “specialized human resources for regional cultures” means persons equipped with knowledge and ability to perform affairs concerning planning, developing, and evaluating regional cultures.
 Article 3 (Basic Principles for Regional Culture Promotion)
The State and local governments shall pursue policies for regional culture promotion according to the following basic principles:
1. Narrowing the cultural gap among regions and ensuring balanced harmonization of the diversity of regional cultures;
2. Pursuit for improving the quality of life of regional residents;
3. Creation of environments where living culture can be invigorated;
4. Preferential conservation of the inherent original features of regional cultures.
 Article 4 (Duties of the State and Local Governments)
(1) The State and local governments shall establish policies to promote regional cultures and shall give support necessary therefor.
(2) Where there is any matter necessary to implement this Act such as securing of financial resources, local governments shall actively pursue various measures such as enacting municipal ordinances suitable for the actual conditions of the relevant regional culture.
 Article 5 (Relationship with Other Acts)
Except as otherwise expressly provided in other Act, this Act shall apply to the promotion of regional cultures.
 Article 6 (Establishment, etc. of Basic Plan for Regional Culture Promotion)
(1) For the purpose of promoting regional cultures, the Minister of Culture, Sports and Tourism shall establish, implement and evaluate a basic plan for regional culture promotion (hereinafter referred to as “basic plan”) every five years, containing the following:
1. Matters concerning the basic direction-setting of policies for regional culture promotion;
2. Matters concerning the balanced development and specialization of regional cultures;
3. Matters concerning the invigoration of living culture;
4. Matters concerning the fosterage of specialized human resources for regional cultures;
5. Matters concerning the fosterage of cities of culture;
6. Matters concerning the establishment of living cultural facilities and the invigoration of operation thereof;
7. Matters concerning the budget and financial resources necessary to implement basic plans;
8. Other matters prescribed by Presidential Decree, to be necessary to promote regional cultures.
(2) In order to establish a basic plan, the Minister of Culture, Sports and Tourism may request the heads of local governments to submit the relevant materials.
(3) When establishing a basic plan, the Minister of Culture, Sports and Tourism shall consult in advance with the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), and the heads of the relevant central administrative agencies.
(4) The head of a local government shall establish, implement and evaluate an implementation plan to promote regional culture (hereinafter referred to as “implementation plan”) every five years in a manner suitable for the actual conditions of the local government by reflecting the basic plan.
(5) A Mayor/Do Governor shall submit an implementation plan and the result of implementation to the Minister of Culture, Sports and Tourism.
(6) Other matters necessary to establish, implement, and evaluate basic plans and implementation plans shall be prescribed by Presidential Decree.
CHAPTER II PROMOTION OF REGIONAL LIVING CULTURE
 Article 7 (Support for Living Culture)
(1) The State and local governments may grant support to the activities of culture and arts organizations or clubs of residents to invigorate their living culture.
(2) The operators of the cultural facilities established and operated by the State or a local government may provide space for the activities of culture and arts organizations or clubs of residents to the extent of not impairing the operation of the relevant facilities.
(3) Where the operators of cultural facilities established and operated by private entities, such as individuals and enterprises, provides space for activities to culture and arts organizations or clubs of residents, the State and the local governments may subsidize the relevant expenses within budgetary limits.
 Article 8 (Expansion of and Support for Living Cultural Facilities)
(1) The State and local governments shall devise support and policies necessary to expand living cultural facilities.
(2) The State and local governments may subsidize expenses necessary to establish and operate living cultural facilities and conduct projects thereby.
(3) The head of a local government may utilize the idle space owned by such local government by changing the use of the idle space to living cultural facilities, as prescribed by the Public Property and Commodity Management Act.
(4) If a person intending to establish and operate living cultural facilities applies for the use of the idle space under paragraph (3), the head of a local government may permit such person to use it free of charge.
(5) The local government may prescribe as its municipal ordinance and implement the matters necessary to expand and support living cultural facilities.
 Article 9 (Preferential Support, etc. to Regions with Disadvantageous Cultural Environment)
(1) The State and local governments shall devise support and policies necessary for regions with disadvantageous cultural environment to narrow cultural gap among regions and secure a balanced development of regional cultures.
(2) The State and local governments may preferentially implement a project for guaranteeing opportunities for the residents of regions with disadvantageous cultural environment to enjoy culture and arts.
(3) Matters necessary to select and support regions with disadvantageous cultural environment shall be prescribed by Presidential Decree.
CHAPTER III ESTABLISHMENT OF REGIONAL CULTURE PROMOTION INFRASTRUCTURE
 Article 10 (Fosterage of Specialized Human Resources for Regional Cultures)
(1) The State and local governments shall devise policies necessary to foster and improve the quality of specialized human resources for regional cultures.
(2) In order to foster specialized human resources for regional cultures under paragraph (1), the Minister of Culture, Sports and Tourism may designate as an institution for fostering specialized human resources for regional cultures, a university or college under Article 2 of the Higher Education Act or an institution or organization established for the purpose of culture promotion-related research, etc.
(3) The Minister of Culture, Sports and Tourism may partially subsidize, within budgetary limits, necessary expenses to institutions for fostering specialized human resources for regional culture designated pursuant to paragraph (2).
(4) Matters concerning designation, etc. of institutions for fostering specialized human resources for regional cultures under paragraph (2) shall be prescribed by Presidential Decree.
 Article 11 (Investigation of Current Status of Regional Cultures)
(1) For the purpose of establishing a basic plan under Article 6 (1), the Minister of Culture, Sports and Tourism shall investigate, every five years, matters necessary for regional culture promotion such as current status of culture gap among regions.
(2) The Minister of Culture, Sports and Tourism may request the heads of central administrative agencies or the heads of local governments to submit materials necessary for the investigation.
 Article 12 (Support for Cooperative Activities)
(1) The State and local governments shall endeavor to reinforce cooperation among regions, and between regions and enterprises in order to invigorate regional culture.
(2) The State and local governments may devise various policies for support necessary for cooperation under paragraph (1).
 Article 13 (Advisory Center for Regional Culture Promotion)
(1) The State and local governments shall designate as an advisory center for regional culture promotion, an institution or organization related to culture and arts, including universities and colleges located in the relevant regions, to reinforce capacity for developing regional culture policies.
(2) The State and local governments may partially subsidize expenses necessary to conduct advisory services, within budgetary limits.
(3) Detailed matters concerning the designation of and subsidization to an advisory center for regional culture promotion shall be prescribed by Presidential Decree.
CHAPTER IV DESIGNATION OF AND SUPPORT TO CITIES OF CULTURE AND ZONES OF CULTURE
 Article 14 (Establishment of Deliberative Committee on Cities of Culture)
(1) The Deliberative Committee on Cities of Culture (hereinafter referred to as “Deliberative Committee”) shall be established under the jurisdiction of the Minister of Culture, Sports and Tourism to efficiently implement projects for creating cities of culture.
(2) The Deliberative Committee shall conduct the following affairs:
1. Deliberation on local governments’ plans to create cities of culture and examination on results of local governments’ implementation of such plans;
2. Matters concerning designation of cities of culture, and cancellation and alteration of designation thereof;
3. Matters concerning support to designated cities of culture;
4. Other matters prescribed by Presidential Decree, as necessary to deliberate on cities of culture.
(3) Other matters necessary to organize and operate the Deliberative Committee shall be prescribed by Presidential Decree.
 Article 15 (Designation of Cities of Culture)
(1) The Minister of Culture, Sports and Tourism may, after deliberation of the Deliberative Committee, designate cities of culture by field, such as culture and arts, cultural industry, tourism, tradition, history, visual image, and other fields determined by Presidential Decree to promote such regional development utilizing cultural resources of the relevant regions.
(2) Based on fundamental conditions as cities of culture, such as cultural or historical identity, creativity, and artistry, a Mayor/Do Governor may apply for the designation of a city of culture to the Minister of Culture, Sports and Tourism, and a head of Si/Gun/Gu may apply for the designation of a city of culture to the Minister of Culture, Sports and Tourism in consultation with the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor.
(3) A local government applying for the designation of a city of culture shall prepare a creation plan for a city of culture and apply for the designation at least two years before the year in which it wishes to be designated as such and shall obtain approval from the Minister of Culture, Sports and Tourism for the creation plan for a city of culture.
(4) The following matters shall be included in a creation plan under paragraph (3):
1. Basic direction-setting for the creation of a city of culture;
2. Plan to specialize a city of culture by designation field;
3. Matters concerning developing various and creative programs to create a city of culture;
4. Matters concerning raising the financial resources for investment necessary for a project for creating a city of culture;
5. Other matters prescribed by Presidential Decree, which are necessary for projects for creating cities of culture.
(5) The Minister of Culture, Sports and Tourism may evaluate the implementation results of a local government’s creation plan for a city of culture and designate such local government as a city of culture after examination by the Deliberative Committee at least one year after the date of approval of that plan.
(6) Other matters necessary to approve the creation plans for a city of culture and designate cities of culture shall be prescribed by Presidential Decree.
 Article 16 (Cancellation of Designation of City of Culture)
(1) In any of the following cases, the Minister of Culture, Sports and Tourism may cancel the designation of a city of culture after deliberation by the Deliberative Committee: Provided, That he/she shall cancel the designation in cases falling under subparagraph 1:
1. Where a city of culture is designated in a false or otherwise unlawful manner;
2. Where the head of a local government fails to perform an approved creation plan for a city of culture without any justifiable ground;
3. Where the head of a local government deems it impossible to execute a creation plan for a city of culture and voluntarily requests the cancellation of designation;
4. Where it is difficult to execute a creation plan for a city of culture due to change of circumstances such as conditions of the relevant regions.
(2) Other matters necessary to cancel the designation of a city of culture shall be prescribed by Presidential Decree.
 Article 17 (Support to Cities of Culture)
The Minister of Culture, Sports and Tourism may grant administrative and financial support to cities of culture designated pursuant to Article 15, as prescribed by Presidential Decree.
 Article 18 (Designation and Management of Zones of Culture)
(1) For the purpose of promoting regional culture, a Mayor/Do Governor and a mayor of a large city (referring to a mayor of a large city with a population of at least 500,000 under Article 175 of the Local Autonomy Act, exclusive of the Seoul Special Metropolitan City and Metropolitan Cities; hereinafter the same shall apply) may designate any of the following as a zone of culture by the municipal ordinance of the relevant local government enacted pursuant to the National Land Planning and Utilization Act:
1. Area in which cultural facilities as well as business facilities prescribed by Presidential Decree, such as folkcraft shops and antiques shops, are clustered or are intended to be created according to a certain plan;
2. Area in which culture and arts activities, such as culture and arts events and festivals, continuously occur or are held;
3. Other areas prescribed by Presidential Decree, to be deemed necessary to be designated as a zone of culture to conserve tangible and intangible cultural resources or cultural characteristics.
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of Si/Gun/Gu who has jurisdiction over a zone of culture designated pursuant to paragraph (1), shall prepare a management plan for a zone of culture and obtain approval (not required in case of the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a large city), as prescribed by Presidential Decree: Provided, That the same shall apply in case of intending to modify such plan.
(3) A Mayor/Do Governor and a mayor of a large city may prohibit or restrict the conduct of such business or the establishment of facilities falling under any of the following in a zone of culture, in order to maintain, preserve and invigorate a zone of culture:
2. Business prescribed by Presidential Decree among food service businesses under the Food Sanitation Act;
3. Other business or facility likely to impair the purpose of designation of a zone of culture, which is determined by municipal ordinance of the relevant local government, as prescribed by Presidential Decree.
(4) The State and local governments may grant administrative and financial support to cultural facilities, etc. which are recommended to be established or operated pursuant to a management plan for a zone of culture.
CHAPTER V ESTABLISHMENT, ETC. OF REGIONAL CULTURE FOUNDATION
 Article 19 (Establishment, etc. of Regional Culture Foundation and Regional Culture and Arts Commission)
(1) The head of a local government may establish and operate a regional culture foundation and a regional culture and arts commission to deliberate on important policies concerning regional culture promotion, support there policies, and conduct projects for regional culture promotion.
(2) A regional culture foundation and a regional culture and arts commission shall be a body corporate, and except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis thereto.
(3) Other matters necessary to establish and operate a regional culture foundation and a regional culture and arts commission shall be prescribed by municipal ordinance of the relevant local government, as prescribed by Presidential Decree.
 Article 20 (Support to the Regional Culture Foundation and the Regional Culture and Arts Commission)
A local government may subsidize expenses necessary to operate a regional culture foundation and a regional culture and arts commission and to conduct projects thereby.
 Article 21 (Expansion of Finance for Regional Culture Promotion)
(1) A local government shall devise policies necessary to expand finance for regional culture promotion.
(2) The State may subsidize the budget necessary to expand finance for regional culture promotion under paragraph (1).
 Article 22 (Creation of Fund for Regional Culture Promotion)
(1) A local government may establish a fund for regional culture promotion to support projects or activities for regional culture promotion.
(2) A fund for regional culture promotion shall be operated and managed by the head of a local government.
(3) The head of a local government may receive donations for individuals or corporations to create a fund for regional culture promotion. In such cases, a person making a donation may designate the usage thereof such as support to a specific organization or individual.
(4) In receipt of donations pursuant to paragraph (3), the head of a local government shall report their values and item names to the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree.
(5) Matters necessary for the creation, uses, operation, etc. of a fund for regional culture promotion shall be prescribed by municipal ordinance of a local government.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 23 (Delegation and Entrustment of Authority)
The Minister of Culture, Sports and Tourism may partially delegate authority under this Act to the heads of local governments or partially entrust such authority to organizations related to regional culture promotion, as prescribed by Presidential Decree.
CHAPTER VII PENALTY PROVISIONS
 Article 24 (Administrative Fines)
(1) A person who violates an order or disposition under Article 18 (3) shall be subject to an administrative fine of not more than ten million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by a Mayor/Do Governor or a mayor of a large city.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures Concerning Measure concerning the Local Culture and Arts Promotion Council, etc.)
(1) A Local Culture and Arts Promotion Council established pursuant to Article 4 (1) of the Culture and Arts Promotion Act before this Act enters into force shall be deemed a regional culture and arts commission under this Act, and an incorporated foundation under Article 4 (2) of that Act shall be deemed a regional culture foundation under this Act.
(2) A local culture and arts promotion fund established pursuant to Article 19 of the Culture and Arts Promotion Act before this Act enters into force shall be converted into a fund for regional culture and arts promotion before this Act enters into force.
Article 3 Omitted.
Article 4 (Relationship with Other Acts and Subordinate Statutes)
References to the former Culture and Arts Promotion Act in other Acts and Subordinate Statutes at the time this Act enters into force shall, when there are any corresponding provisions in this Act, be deemed to refer to this Act or such corresponding provisions of this Act in lieu of the former provisions.