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ENFORCEMENT DECREE OF THE PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT

Presidential Decree No. 19714, Oct. 26, 2006

Amended by Presidential Decree No. 20025, Apr. 26, 2007

Presidential Decree No. 20676, Feb. 29, 2008

Presidential Decree No. 21122, Nov. 17, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21364, Mar. 25, 2009

Presidential Decree No. 21814, Nov. 9, 2009

Presidential Decree No. 22076, Mar. 15, 2010

Presidential Decree No. 22781, Mar. 30, 2011

Presidential Decree No. 24036, Aug. 13, 2012

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 26625, Nov. 11, 2015

Presidential Decree No. 26802, Dec. 30, 2015

Presidential Decree No. 27659, Dec. 5, 2016

Presidential Decree No. 27830, Feb. 3, 2017

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28204, Jul. 24, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Promotion of the Motion Pictures and Video Products Act and other matters necessary for the enforcement thereof.
 Article 2 (Non-Permanent Movie Theaters)
Non-permanent movie theaters under the proviso to subparagraph 10 of Article 2 of the Promotion of the Motion Pictures and Video Products Act (hereinafter referred to as the "Act") shall be places or establishments where the number of running days of motion pictures is no longer than 120 days per year and the continuous running period is no longer than 30 days.
 Article 3 (Scope of Video Products)
For the purpose of subparagraph 12 (b) of Article 2 of the Act, the term "those with no motion picture recorded" means those in which motion pictures recorded individually or in the form of mutual combination do not form the main contents of a computer program.
 Article 4 (Scope of Other Video-Viewing Service Providing Business)
For the purpose of subparagraph 16 (e) of Article 2 of the Act, "places or establishments used for public accommodation, rest, etc." means any of the following places or establishments: <Amended by Presidential Decree No. 21814, Nov. 9, 2009; Presidential Decree No. 24036, Aug. 13, 2012>
1. Hotel establishments referred to in Article 3 (1) of the Tourism Promotion Act;
2. Off-road parking lots referred to in subparagraph 1 (b) of Article 2 of the Parking Lot Act, which are equipped with facilities to view video products.
 Article 4-2 (Motion Picture Workers)
"Person prescribed by Presidential Decree" in subparagraph 21 of Article 2 of the Act means a worker defined in subparagraph 1 of Article 2 of the Trade Union and Labor Relations Adjustment Act.
[This Article Newly Inserted by Presidential Decree No. 26625, Nov. 11, 2015]
 Article 4-3 (Labor-Management-Government Council for Motion Pictures)
The Labor-Management-Government Council for Motion Pictures under Article 3-2 of the Act shall consult on the following matters:
1. Matters concerning the formulation of the guidelines on standard wages under Article 3-3 (1) of the Act;
2. Matters concerning facilitation of the spread and use of standard form of contract under Article 3-5 (1) of the Act;
3. Matters concerning the safety of motion picture workers;
4. Matters concerning the improvement in vocational capability, including vocational training;
5. Other matters necessary for the promotion of the motion picture industry and the improvement in the working environment of motion picture workers.
[This Article Newly Inserted by Presidential Decree No. 26625, Nov. 11, 2015]
 Article 5 (Establishment Registration)
(1) The Korean Film Council established in accordance with Article 7 of the Act shall include matters falling under each of the following subparagraphs in its establishment registration:
1. Objective;
2. Name;
3. Location of principal office;
4. Names and domiciles of members of the Korean Film Council;
5. Matters relating to assets;
6. Methods of contributions and the amount of contributions made.
(2) The chairperson of the Korean Film Council shall file an application for registering the establishment of the Korean Film Council.
(3) The application for registering the establishment of the Korean Film Council referred to in paragraph (1) shall be accompanied by the articles of association and documents attesting qualifications of the members of the Korean Film Council.
 Article 6 (Registration of Alterations)
When any change in the matters of each subparagraph of Article 5 (1) occurs, the Korean Film Council shall file an application for registering the changed matters, accompanied by documents attesting such matters changed, within three weeks from the date of change.
 Article 7 (Relocation Registration)
(1) The Korean Film Council shall, when it relocates its principal office to other area under jurisdiction of other registry office, register the new location of its principal office and the date of such relocation at the previous location within two weeks from the date of relocation, and register the matters of each subparagraph of Article 5 (1) at the new location within three weeks from the date of relocation.
(2) The Korean Film Council shall, where it relocates its principal office in the area under jurisdiction of the same registry office, register the new location of its principal office and the date of such relocation within two weeks from the date of relocation.
 Article 8 (Method of Composing Korean Film Council)
The Minister of Culture, Sports and Tourism may ask the organizations, etc. of fields concerned to recommend candidates to be commissioned as members of the Korean Film Council to organize the Korean Film Council under Article 8 of the Act. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 9 (Approval, etc. of Budget)
(1) The Korean Film Council shall obtain approval from the Minister of Culture, Sports and Tourism with respect to the gross amount of revenues and expenditures and the general rules of budget by the end of the year preceding each fiscal year in accordance with Article 18 (1) of the Act. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) The Korean Film Council shall, when it intends to change the budget approved under paragraph (1), furnish materials stating reasons for such change and contents of such change to the Minister of Culture, Sports and Tourism for approval. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 9-2 (Management, Operation, etc. of Fund)
(1) Pursuant to Article 23 of the Act, the Korean Film Council shall formulate an operation plan for the Film Development Fund (hereinafter referred to as the "Fund") of the next year and shall submit it to the Minister of Culture, Sports and Tourism by May 31 each year. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) The Korean Film Council shall prepare papers in the following subparagraphs regarding the operation of the Fund as of the end of each quarter year, and shall submit them to the Minister of Culture, Sports and Tourism within 15 days from the date a quarter year comes to an end: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Balance sheet;
2. Income statement;
3. Statement of revenue and expenditure;
4. Report of present state of Fund operation.
(3) The Korean Film Council shall prepare a report on closing accounts of the Fund of the previous year and shall submit it to the Minister of Culture, Sports and Tourism by February 20 each year. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(4) Matters necessary for the management and operation of the Fund other than those prescribed by this Decree, the State Finance Act and its Decree shall be laid down by the Korean Film Council with approval of the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 20025, Apr. 26, 2007]
 Article 9-3 (Creation of Fund)
The term "other revenues prescribed by Presidential Decree" referred to in subparagraph 5 of Article 24 of the Act means the following revenues: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Contributions made by a person other than the Government;
2. Money transferred from other Funds;
3. Other revenues of the Korean Film Council that are stipulated by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Presidential Decree No. 20025, Apr. 26, 2007]
 Article 9-4 (Dues, etc. on Admission Fees)
(1) The amount of dues referred to in Article 25-2 (1) of the Act (hereinafter referred to as the "dues") shall be 3/100 of the price of admission ticket for the movie theater (including non-permanent movie theaters; hereafter the same shall apply in this Article): <Amended by Presidential Decree No. 26625, Nov. 11, 2015>
1. and 2. Deleted. <by Presidential Decree No. 26625, Nov. 11, 2015>
(2) “Amount prescribed by Presidential Decree" in Article 25-2 (1) 2 of the Act means one billion won. <Newly Inserted by Presidential Decree No. 26625, Nov. 11, 2015>
(3) The operator of a movie theater shall pay the dues that have been collected until the end of every month to the Korean Film Council by the 20th day of the next month. <Amended by Presidential Decree No. 26625, Nov. 11, 2015>
(4) Where the operator of a movie theater intends to collect and pay dues, he/she shall pay them in cash or in a way, such as electronic cash, electronic settlement, etc., that utilizes information and communications networks determined by the chairperson of the Korean Film Council. <Amended by Presidential Decree No. 26625, Nov. 11, 2015>
(5) The operator of a movie theater (excluding cases falling under the proviso to Article 25-2 (3) of the Act) shall submit a monthly statement of receipt of dues prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, accompanied by a document verifying the receipt of dues to the Korean Film Council by the 20th day of the next month. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 26625, Nov. 11, 2015>
(6) Where the Korean Film Council intends to provide for matters necessary for the procedures of collection of dues, etc., in addition to those prescribed by this Decree, it shall set rules for the collection of dues with approval of the Minister of Culture, Sports and Tourism and shall announce it on the Internet homepage, etc., before the execution thereof. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 26625, Nov. 11, 2015>
[This Article Newly Inserted by Presidential Decree No. 20025, Apr. 26, 2007]
 Article 9-5 (Formulation, etc. of Assessment Plan)
(1) The Minister of Culture, Sports and Tourism shall formulate a plan (hereinafter referred to as "assessment plan") on the target of outcome and standard of assessment related to the measurement and assessment of outcome of the use of the Fund of the next year pursuant to Article 25-3 (2) of the Act after consultation with the Korean Film Council by November 30 each year. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) The assessment plan in paragraph (1) shall contain the matters in the following subparagraphs:
1. Purpose and necessity of assessment;
2. Object and extent of assessment;
3. Target of outcome of the duty being the object of assessment and the plan for achieving it;
4. Method of assessment (including assessment standard for the measurement of outcome);
5. Plan for utilizing the result of assessment.
(3) The Minister of Culture, Sports and Tourism may organize and operate an assessment team in accordance with Ordinance of the Ministry of Culture, Sports and Tourism in case it is deemed necessary for the assesment of outcome regarding the use of Fund pursuant to Article 25-3 of the Act. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 20025, Apr. 26, 2007]
 Article 10 (Application, etc. for Recognition of Jointly Produced Motion Pictures as Korean Motion Pictures)
(1) A person who intends to be granted the recognition of a jointly produced motion picture as Korean motion picture under Article 27 of the Act shall file an application (including any application drawn up in the form of electronic document) therefor, accompanied by documents (including any electronic documents) determined by Ordinance of the Ministry of Culture, Sports and Tourism, with the Korean Film Council. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) The Korean Film Council shall, upon receiving an application for the recognition of a jointly produced motion picture as Korean motion picture under paragraph (1), notify the applicant of the results of its deliberation about whether the jointly produced motion picture is recognized as Korean motion picture, within 15 days from the date on which such application is filed: Provided, That the fixed period of deliberation above may be extended when there exists any unavoidable cause, and in that case, the reasons for such extension and the period of dealing with such application shall be notified to the applicant.
(3) The Korean Film Council may recognize as Korean motion picture a jointly produced motion picture that meets the requirements set forth in each of the following subparagraphs beyond a certain level:
1. The extent of Korean manpower's participation in the fields of major manufacturing manpower such as directors, scenario writers, performers and staffs;
2. The extent of utilization of Korean places, equipment, facilities, etc. in shooting the jointly produced motion picture;
3. The extent of utilization of Korean unique manufacturing techniques in producing the jointly produced motion picture or to which the themes or contents of the motion picture represent Korean artistic values.
(4) Matters necessary for the detailed standards, procedures, etc. for recognition of jointly produced motion pictures as Korean motion pictures under paragraph (3) shall be determined by the rules of the Korean Film Council.
 Article 10-2 (Standards for Assistance, etc., in Shooting of Visual Materials)
A municipal ordinance which prescribes matters necessary for the provision of assistance and the request for cooperation referred to in Article 28-3 (1) and (2) of the Act in accordance with Article 28-3 (4) of the Act shall include the following matters:
1. Conditions and details of, and procedures for, the assistance;
2. Matters for which cooperation is requested and the procedures for requesting the cooperation;
3. Department in charge;
4. Other matters necessary for the provision of assistance and the request for cooperation for shooting of visual materials.
[This Article Newly Inserted by Presidential Decree No. 26625, Nov. 11, 2015]
[ Previous Article 10-2 Moved to Article 10-3]
 Article 10-3 (Classification Criteria of Rating of Motion Pictures)
(1) The classification criteria of the rating of a motion picture pursuant to Article 29 (7) of the Act shall be as specified in attached Table 2-2.
(2) Detailed classification criteria of the rating pursuant to paragraph (1) shall be determined by the rules of the Korea Media Rating Board.
[This Article Newly Inserted by Presidential Decree No. 21814, Nov. 9, 2009]
 Article 11 Deleted. <by Presidential Decree No. 21814, Nov. 9, 2009>
 Article 12 (Submission of Motion Picture Films, etc.)
(1) A person who intends to submit the original film, disk, etc. of a motion picture or the copies and scripts thereof (hereinafter referred to as the "motion picture film, etc.") under Article 35 (1) of the Act shall submit the documents prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, accompanied by the motion picture film, etc., to the Korean Film Archive within 60 days from the date when the motion picture concerned is rated. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) A person who intends to submit a motion picture film, etc. under Article 35 (2) of the Act shall submit the documents referred to in paragraph (1), accompanied by the motion picture film, etc., to the Korean Film Archive, beginning with the day when the motion picture concerned is imported or its manufacture is completed.
(3) The Korean Film Archive shall give compensation to those who submit the motion picture films, etc. under Article 35 (3) of the Act, within the limit of costs involved in the manufacture or import of the motion picture films, etc.
(4) A person who has submitted a motion picture film, etc. under paragraphs (1) and (2) shall submit to the Korean Film Archive a written compensation claim (including any written claim drawn up in the form of an electronic document) stating the details of costs necessary to calculate the compensation, within 90 days from the date when he/she has submitted the motion picture film, etc.
 Article 13 (Preservation, etc. of Motion Picture Films, etc.)
(1) Any person who possesses motion picture materials such as motion picture films, etc. may, for the efficient preservation of such motion picture materials, request the Korean Film Archive to preserve them under entrustment or to render a technological guidance required for such preservation.
(2) Upon receipt of the request under paragraph (1), the Korean Film Archive shall preserve directly the motion picture materials recognized as requiring preservation or render a technological guidance required for such preservation.
 Article 14 (Registration, etc., of Movie Theaters)
(1) Any person who intends to make a registration, or registration of alteration, a movie theater pursuant to Article 36 (1) of the Act shall submit an application (including any application in the electronic format) therefor, accompanied by documents (including any electronic documents) prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, to the a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to an autonomous Gu: hereinafter referred to as the "head of a Si/Gun/Gu") having jurisdiction over the location of such movie theater: Provided, That where intending to make a registration of alterations, only the documents related to the changes shall be attached within 30 days from the date when the causes of such alterations occur. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21814, Nov. 9, 2009; Presidential Decree No. 24036, Aug. 13, 2012; Presidential Decree No. 26625, Nov. 11, 2015>
(2) Upon receipt of an application for registration or registration of alteration pursuant to paragraph (1), the head of a Si/Gun/Gu shall confirm whether the facility standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and the following standards have been satisfied and then shall issue a certificate of registration of movie theater: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21122, Nov. 17, 2008; Presidential Decree No. 27830, Feb. 3, 2017>
1. To be issued a certificate of the furnishing of safety facilities, etc., pursuant to Article 9 (5) of the Special Act on the Safety Control of Publicly Used Establishments;
2. To undergo an electrical safety check pursuant to Article 66-2 of the Electric Utility Act;
3. To ensure that the installation of the facilities shall be permitted within a school environmental sanitation and clear-up zone pursuant to Article 9 of the Educational Environment Protection Act.
(3) When the head of a Si/Gun/Gu issues the certificate pursuant to paragraph (2), he/she shall enter such fact in the register of movie theaters.
(4) When any person who was issued a certificate of movie theater registration pursuant to paragraph (2) has lost such certificate, or such certificate has been defaced and become unusable, he/she may request the head of a Si/Gun/Gu to reissue the certificate.
 Article 15 (Areas or Facilities Wherein Installation of Restricted Movie Theater Is Limited)
Areas or facilities wherein a restricted movie theater can not be installed under Article 36 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 27830, Feb. 3, 2017>
1. Educational environment protection zones under Article 8 of the Educational Environment Protection Act;
2. Areas within 200 meters in a beeline from the outer boundary of the juvenile training facilities under subparagraph 1 of Article 10 of the Juvenile Activity Promotion Act or of the juvenile training districts under Article 47 of the same Act;
4. Facilities or places wherein a movie theater (excluding the restricted movie theater) is installed.
 Article 16 (Report on Safety-Precaution Plan)
(1) The safety-precaution plan which is to be reported by the operator of a movie theater to the head of the competent Si/Gun/Gu under Article 37 (1) of the Act shall contain the matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 20025, Apr. 26, 2007>
1. Matters related to the duties of the manager of installations, etc. of the movie theater and to managerial systems;
2. Matters related to the measures to be taken at emergency, such as a broadcast for guiding evacuation and a disposition of staff to guide evacuation, and to the liaison offices to get in touch in case where a disaster arises;
3. Matters related to the measures to be taken for the prevention of fires and personal injuries.
(2) The operator of a movie theater shall submit the safety-precaution plan (including any electronic document) under paragraph (1) prior to the first screening of motion pictures in the movie theater, and shall, when intending to make any alteration in the reported plan, submit the altered plan prior to its implementation.
(3) The head of a Si/Gun/Gu who has received the safety-precaution plan (including the altered plan) submitted under paragraph (2) shall, when deemed that the plan is insufficient to prevent fires and personal injuries, notify the operator of the movie theater concerned thereof, and the operator of the movie theater so notified shall supplement the safety-precaution plan and submit it again within 15 days from the date when he/she is notified. <Amended by Presidential Decree No. 20025, Apr. 26, 2007>
 Article 17 (Assistance to Exclusive Movie Theaters)
(1) The Minister of Culture, Sports and Tourism may provide assistance falling under each of the following subparagraphs to exclusive movie theaters pursuant to Article 38 of the Act: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Reduction of the mandatory running days of Korean motion pictures within the limit of 20 days (excluding exclusive movie theaters for Korean motion pictures only);
2. Providing of expenses necessary for operating exclusive movie theaters and running the exclusive movie theater business.
(2) A person who intends to get the assistance under paragraph (1) shall file an application (including any application drawn up in the form of electronic document) therefor, accompanied by documents (including any electronic documents) determined by Ordinance of the Ministry of Culture, Sports and Tourism, with the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(3) The Minister of Culture, Sports and Tourism shall, upon receiving an application under paragraph (2), decide whether to provide the assistance within two months from the date of such application and inform the applicant of the decision, and then shall notify the contents of such decision to the agency or organization that deals with the business involving the assistance. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 18 (Operation, etc. of Integrated Computer Network for Handling Movie Theater Admission Tickets)
(1) The Korean Film Council shall operate an integrated computer network for handling movie theater admission tickets under Article 39 (1) of the Act (hereinafter referred to as the "integrated computer network for admission tickets") in such a way as to sum up in real time the data related to the matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism (hereinafter referred to as "integrated computer network data") such as the attendance at movie theaters, the amount of admission tickets sold, etc. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) The operator of a movie theater who has joined the integrated computer network for admission tickets shall abide by the following matters:
1. To make the integrated computer network data of the movie theater stored in the database of the main server;
2. To make the integrated computer network data summed up in real time through the integrated computer network for admission tickets via its leased line.
(3) The Korean Film Council shall publish the details of the integrated computer network data summed up through the integrated computer network for admission tickets in the Official Gazette or on the Internet, etc., but such publication shall be made in such manner that the business secrets of the relevant movie theaters may not be disclosed. The same shall also apply in cases of alterations of the published matters.
 Article 19 (Mandatory Screening of Korean Motion Pictures)
(1) Operators of movie theaters shall screen Korean motion pictures for not less than one fifth of the annual running days from January 1 to December 31 each year pursuant to Article 40 of the Act.
(2) The mandatory running days of Korean motion pictures under paragraph (1) shall not include the running days falling under each of the following subparagraphs:
1. The relevant running days, where a paid preview of a foreign motion picture is given during the mandatory running days of Korean motion pictures;
2. The relevant running days, where a free preview of a foreign motion picture is given not less than twice during the mandatory running days of Korean motion pictures;
3. The relevant running days, where a foreign motion picture is run during the mandatory running days of Korean motion pictures.
 Article 20 Deleted. <by Presidential Decree No. 22781, Mar. 30, 2011>
 Article 21 (Qualified Projectionists)
(1) The technical qualifications for motion picture projection under the main sentence of Article 44 of the Act mean the technical qualifications in the field of projection as prescribed in the National Technical Qualifications Act.
(2) For the purpose of the proviso to Article 44 of the Act, the term "motion pictures, including small films, prescribed by Presidential Decree" means the small films referred to in subparagraph 6 of Article 2 of the Act.
 Article 22 (Suspension of Business and Cancellation of Registration against Movie Theaters)
The standards for the suspension of business or the cancellation of registration under Article 45 (1) of the Act shall be as specified in attached Table 1.
 Article 22-2 (Report on Business Closure, etc., of Movie Theaters)
(1) Any person who intends to report the closure of business pursuant to Article 46-2 (1) of the Act shall submit a report on business closure prescribed by Ordinance of the Minister of Culture, Sports and Tourism to the head of a Si/Gun/Gu, accompanied by the certificate of registration.
(2) Where the head of a Si/Gun/Gu intends to cancel ex officio the registered matters pursuant to Article 46-2 (2) of the Act, he/she shall confirm the following matters to the persons related to the relevant movie theater, such as the operator of a movie theater or building owner: Provided, That the same shall not apply where a report on business closure is filed with the head of the competent tax office under Article 8 of the Value-Added Tax Act or where the head of the competent tax office confirms the fact that the relevant business registration was canceled:
1. Whether the lease contract is terminated;
2. Whether facilities of the movie theater are installed.
(3) Where the head of a Si/Gun/Gu intends to cancel ex officio the registered matters pursuant to Article 46-2 (2) of the Act, he/she shall notify such intention in advance to the operator of the relevant movie theater and post the fact of the ex officio cancellation on the Internet homepage, etc., of the relevant Metropolitan Autonomous City, Special Self-Governing Province or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) for at least 20 days.
(4) Upon canceling ex officio the registered matters pursuant to Article 46-2 (2) of the Act, the head of a Si/Gun/Gu shall publish the following matters in the gazette and post them on the Internet homepage, etc. of the relevant Metropolitan Autonomous City, Special Self-Governing Province or Si/Gun/Gu:
1. Name of the movie theater;
2. Location of the movie theater;
3. Date of cancellation of the registration;
4. Grounds for cancellation of the registration.
[This Article Newly Inserted by Presidential Decree No. 26625, Nov. 11, 2015]
 Article 23 (Video Products Not Required to Be Classified)
(1) For the purpose of Article 50 (1) 5 of the Act, the term "video products as determined by Presidential Decree" means the video products falling under any one of the following subparagraphs: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21814, Nov. 9, 2009>
1. Video products falling under Article 57 (1) 1 through 5 and 7 of the Act;
2. Video products of the same contents as broadcast programs under Article 2 of the Broadcasting Act: Provided, That the same shall not apply with respect to the broadcast programs sanctioned by the Korea Communications Commission under Article 100 (1) of the same Act;
3. Video products falling under any of the following items which are manufactured for domestic education, studies or religious activities, etc.: Provided, That the video products falling under attached Table 2 shall be excluded therefrom;
(a) Educational or learning video products related to school curricula, including early childhood education, elementary education, secondary education, higher education;
(b) Educational or learning video products used at private teaching institutes under Article 2-2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;
(c) Video products related to religious rituals, such as sermons, Gospel, hymns;
4. Video products of the same contents as classified video products, which are manufactured into or distributed through a different medium: Provided, That the cases of manufacturing or distributing by reediting the contents of video products or of adding up the images of different contents shall be excluded;
5. Video products recognized by the Minister of Culture, Sports and Tourism as manufactured or imported for non-profit purposes, such as diplomatic relations, cultural exchange, charity, social relationships.
(2) A manufacturer of video products may, where it is difficult for him/ her to judge whether the relevant video products fall under the proviso to paragraph (1) 3, ask in advance the Korea Media Rating Board to verify them.
 Article 23-2 (Classification Criteria of Rating of Video Products)
(1) Attached Table 2-2 shall apply mutatis mutandis to the classification criteria of the rating of a video product under Article 50 (5) of the Act. In such cases, "Restricted" under subparagraph 5 of attached Table 2-2 shall be deemed "Restricted Rating".
(2) Detailed rating classification criteria under paragraph (1) shall be determined by the rules of the Korea Media Rating Board.
[This Article Newly Inserted by Presidential Decree No. 21814, Nov. 9, 2009]
 Article 24 (Heads of Administrative Agencies Subject to Notification of Classification, etc.)
For the purpose of Article 55 of the Act with the exception of its subparagraphs, the term "heads of administrative agencies prescribed by Presidential Decree" means the agencies falling under each of the following subparagraphs: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21814, Nov. 9, 2009; Presidential Decree No. 22076, Mar. 15, 2010>
1. The Minister of Culture, Sports and Tourism;
2. Deleted; <by Presidential Decree No. 20676, Feb. 29, 2008>
3. The Prosecutor General of the Public Prosecutor's Office;
4. The Commissioner General of the National Police Agency;
5. The Minister of Gender Equality and Family;
6. The Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors;
7. Such other heads of administrative agencies as recognized by the Korea Media Rating Board as necessary.
 Article 24-2 (Areas or Facilities in Which Video-Viewing Mini-Theater for Video Products with Restricted Rating May Not be Established)
The areas or facilities in which a video-viewing mini-theater for video products with restricted rating may not be established under Article 58 (2) of the Act are as listed in the following subparagraphs: <Amended by Presidential Decree No. 27830, Feb. 3, 2017>
1. An educational environment protection zone under Article 8 of the Educational Environment Protection Act;
2. Juvenile training facilities under subparagraph 1 of Article 10 of the Juvenile Activity Promotion Act, and area within 200 meters as the crow fries from the outer boundary of a juvenile training zone under Article 47 of the said Act;
4. Facilities or places in which a video-viewing mini-theater is established (excluding a video-viewing mini-theater for video products with restricted rating).
[This Article Newly Inserted by Presidential Decree No. 21814, Nov. 9, 2009]
 Article 25 (Restriction, etc. on Juvenile's Admission Hours)
(1) For the purpose of the main sentence of subparagraph 2 of Article 62 of the Act, the term "admission hours specified by Presidential Decree" means the hours from 9:00 a.m. to 10:00 p.m.
(2) For the purpose of the proviso to subparagraph 2 of Article 62 of the Act, the term "cases as determined by Presidential Decree" means the cases of being accompanied by the adult relative of relevant juvenile, the teacher of a competent school under the Elementary and Secondary Education Act, or a person, etc. corresponding thereto who is in a position to guide and supervise the relevant juvenile.
 Article 26 (Succession of Business)
For the purpose of Article 63 (3) of the Act, the term "major facilities and apparatuses determined by Presidential Decree" means those provided for in each of the following subparagraphs:
1. Video products manufacturing business: Facilities and equipment used for manufacturing video products;
2. Video service providing business: Apparatuses and equipment used for viewing video products.
 Article 27 (Indication, etc. of Video Product Ratings)
(1) The indication under Article 65 (1) of the Act shall be made as follows: <Amended by Presidential Decree No. 21814, Nov. 9, 2009>
1. Trade name or other matters: At the bottoms of the front or back of video products and their containers;
2. Indication of video product ratings: At the bottoms of the front and side of video products and their containers;
3. Content information of video products: At the bottoms of the front or back of video products.
(2) The method of indicating the trade name and other matters, video product ratings, and content information under paragraph (1) shall be as specified in attached Table 2-3. <Amended by Presidential Decree No. 21814, Nov. 9, 2009>
(3) Notwithstanding the provisions of paragraphs (1) and (2), in the case of the video products offered to the public for their viewing through information and communications networks, the matters specified in attached Table 3 shall be indicated in addition to the matters to be indicated pursuant to Article 37 of the Content Industry Promotion Act: Provided, That where there exists any overlap between the matters to be indicated, only either of them may be indicated. <Amended by Presidential Decree No. 22781, Mar. 30, 2011>
(4) Necessary matters for the indication provided in Article 65 (1) of the Act other than the provisions of paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 28 Deleted. <by Presidential Decree No. 21814, Nov. 9, 2009>
 Article 29 (Imposition and Payment of Penalty Surcharge)
(1) The head of a Si/Gun/Gu shall, where he/she imposes a penalty surcharge under Article 68 (1) of the Act, notify an offender in writing to pay it, by clarifying the details of relevant offense, the amount of penalty surcharge, etc.
(2) Any person in receipt of the notification under paragraph (1) shall pay the penalty surcharge within 20 days to the receiving agency designated by the head of a Si/Gun/Gu: Provided, That where he/she is unable to pay the penalty surcharge within the relevant period due to a natural disaster or other inevitable causes, he/she shall pay it within 7 days from the date on which such causes cease to exist.
(3) The receiving agency shall, upon receipt of a payment of penalty surcharge under paragraph (2), issue a receipt to the relevant payer.
(4) The receiving agency of the penalty surcharge shall, where it receives the penalty surcharge under paragraph (2), without delay notify the head of a Si/Gun/Gu of such a fact.
 Article 30 (Computing Criteria, etc. for Amount of Penalty Surcharge)
(1) The amount of penalty surcharge imposed under Article 68 of the Act shall be fifty thousand won per day for each day for which business is suspended. In this case, the amount of penalty surcharge which falls under one-month business suspension shall be calculated on a basis of 30 days.
(2) The head of a Si/Gun/Gu may aggravate or reduce the amount of penalty surcharge under paragraph (1) within the limit of one half of the said amount, taking into consideration the level, frequency and motive of the act of violation, the consequences thereof, etc.: Provided, That even in the case of aggravation, the total amount of penalty surcharge shall not exceed 30 million won.
 Article 31 (Operational Plans for Penalty Surcharges)
Pursuant to Article 68 (4) of the Act, the head of a Si/Gun/Gu shall formulate and implement the operational plans for penalty surcharges for the following year not later than October 31 each year.
 Article 32 Deleted. <by Presidential Decree No. 21122, Nov. 17, 2008>
 Article 32-2 (Appointment of Members of the Korea Media Rating Board)
(1) The President of the National Academy of Arts of the Republic of Korea under the National Academy of Arts of the Republic of Korea Act (hereinafter referred to as the "President of the National Academy of Arts of the Republic of Korea") shall recommend, to the Minister of Culture, Sports and Tourism, not more than 20 but not less than 30 persons as the members of the Korea Media Rating Board, from among those with expertise and experience who are engaged in the areas of culture and art, motion pictures, video products and their advertising or publicity materials, juvenile affairs, law, education, and journalism or in nonprofit private organizations, etc. considering equity in the respective areas as prescribed by Article 73 (2) of the Act.
(2) The Minister of Culture, Sports and Tourism shall commission the members of the Korea Media Rating Board from among the persons recommended by the President of the National Academy of Arts of the Republic of Korea under paragraph (1) by considering the following matters:
1. Appropriate distribution of areas subject to recommendation;
2. Expertise and career engaging in the relevant area;
3. Balance of gender and age. With respect to the aforesaid matter, either men or women shall not exceed 2/3 of the total number of members.
[This Article Newly Inserted by Presidential Decree No. 21814 Nov. 9, 2009]
 Article 33 (Education for Establishing Order of Video Products Distribution)
(1) Where the head of a Si/Gun/Gu intends to conduct education for the video service providing business operators (in the case of juristic persons, referring to the representatives thereof; hereinafter the same shall apply) under Article 88 of the Act, he/she shall forward the written notification of education clearly stating the date and time, place, details, etc. of education to the persons subject to relevant education by not later than seven days prior to the date of conducting such education.
(2) The video service providing business operators may have the persons responsible for the management of each business place, from among their employees, undergo such education on behalf of themselves.
(3) With respect to the persons, from among those subject to education under paragraphs (1) and (2), who fail to participate in the education for any inevitable reasons, the head of a Si/Gun/Gu may provide the educational data to them to substitute for such education.
 Article 33-2 (Management of Personally Identifiable Information)
The head of Si/Gun/Gu (including a person to whom his/her authority is delegated or entrusted if such authority is delegated or entrusted) may manage information including resident registration number or alien registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act if unavoidable to conduct affairs concerning succession of business, etc. pursuant to Articles 46 and 63 of the Act.
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
 Article 33-3 (Re-Examination of Regulations)
The Minister of Culture, Sport and Tourism shall examine the appropriateness of the following matters every three years counting from the following base dates (referring to a date before the same date as the base date of the year that comes every three years), and shall take measures for improvement, etc.: <Amended by Decree No. 26802, Dec. 30, 2015>
1. Areas or facilities wherein the installation of a restricted movie theater is limited under Article 15: January 1, 2014;
2. Video products not required to be classified under Article 23: January 1, 2014;
3. Classification criteria of rating of video products under Article 23-2: January 1, 2014;
4. Methods of indication etc., of video product ratings under Article 27: January 1, 2016;
5. Procedure for and methods of education about distribution of video products under Article 33: January 1, 2016.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 34 (Criteria for Imposition of Administrative Fines)
(1) The Minister of Culture, Sports and Tourism or the heads of Sis/Guns/Gus shall impose and collect administrative fines pursuant to Article 98 of the Act in accordance with the following classification: <Amended by Presidential Decree No. 26625, Nov. 11, 2015>
1. The Minister of Culture, Sports and Tourism: Administrative fines in Article 98 (2) 2 and 5 of the Act;
2. The heads of Sis/Guns/Gus: Administrative fines in Article 98 (1), (2) 1-2, 3, 4 and 6 through 9, and (3) of the Act.
(2) Criteria for imposition of administrative fines under Article 98 (1), (2) 1-2, and 2 through 9, and (3) of the Act shall be as specified in attached Table 4.
(3) Deleted. <by Presidential Decree No. 26625, Nov. 11, 2015>
[This Article Wholly Amended by Presidential Decree No. 22781, Mar. 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Article 2 (Repeal, etc. of Other Statutes)
The Enforcement Decree of the Promotion of the Motion Pictures Industry Act and the Enforcement Decree of the Sound Records, Video Products, and Game Software Act shall be hereby repealed, respectively.
Article 3 (Applicability of Indication, etc. of Video Product Ratings)
The provisions of Article 27 shall apply to the video products which are manufactured, imported or reproduced on or after the enforcement date of this Decree.
Article 4 Omitted.
Article 5 (Relation with Other Statutes)
In case where other statutes have cited the provisions of the Enforcement Decree of the Promotion of the Motion Pictures Industry Act or the Enforcement Decree of the Sound Records, Video Products, and Game Software Act at the time when this Decree enters into force, and where there exist the corresponding provisions in this Decree, they shall be deemed to have cited this Decree or the corresponding provisions of this Decree, in lieu of the previous provisions.
ADDENDUM <Presidential Decree No. 20025, Apr. 26, 2007>
This Decree shall enter into force on April 27, 2007: Provided, That the amended provisions of Article 9-4 shall enter into force on July 1, 2007.
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. 21122, Nov. 17, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
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. 21364, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The application of administrative dispositions to any act committed before this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 21814, Nov. 9, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22781, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of attached Table 4, the application of criteria for imposition of administrative fines on offenses committed before this Decree enters into force shall be governed by the former provisions.
(2) The disposition of imposition of administrative fines on offenses committed before this Decree enters into force shall not be included when counting the number of times offenses are committed under the amended provisions of attached Table 4.
ADDENDA <Presidential Decree No. 24036, Aug. 13, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 18, 2012.
Article 2 (Applicability to Registration of Alterations in Movie Theaters)
The amended provisions of the proviso to Article 14 (1) shall apply, starting from the causes of alterations that occur after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 26625, Nov. 11, 2015>
This Decree shall enter into force on November 19, 2015.
ADDENDUM <Presidential Decree No. 26802, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27659, Dec. 5, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27830, Feb. 3, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2017.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28204, Jul. 24, 2017>
This Decree shall enter into force on the date of its promulgation.