Presidential Decree No. 25509, Jul. 28, 2014
Amended by Presidential Decree No. 27129, May 10, 2016
| Article 1 (Purpose) |
| Article 2 (Scope of Living Cultural Facilities) |
| 1. | A cultural facility under Article 2 (1) 3 of the Culture and Arts Promotion Act; |
| 2. | A lifelong study hall and a lifelong study center under Articles 21 and 21-2 of the Lifelong Education Act; |
| 3. | A district autonomy center and a village hall under subparagraph 3 (e) and (f) of attached Table 1 of the Enforcement Decree of the Building Act; |
| 4. | Other facilities determined and publicly announced by the Minister of Culture, Sports and Tourism or determined by ordinance of a local government, where the living culture of local residents is continuously created. |
| Article 3 (Establishment of Basic Plans for Local Culture Promotion) |
| (1) | “Matters determined by Presidential Decree” in Article 6 (1) 8 of the Act means the following: |
| 1. | Cooperation and exchange for local culture promotion between regions between related organizations; |
| 2. | Conservation, discovery and utilization of inherent local cultures; |
| 3. | Narrowing cultural gaps between regions, such as supporting regions with disadvantageous cultural environment; |
| 4. | Investigations and research for promoting local cultures; |
| 5. | Matters deemed by the Minister of Culture, Sports and Tourism as necessary for promoting local cultures. |
| (2) | Where the Minister of Culture, Sports and Tourism intends to establish a basic plan for local culture promotion under Article 6 (1) of the Act (hereinafter referred to as “basic plan”), he/she may request organizations related to local culture promotion to give assistance, such as submitting necessary materials. |
| (3) | When the Minister of Culture, Sports and Tourism has established a basic plan, he/she shall notify the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, |
| Article 4 (Formulation and Implementation of Implementation Plans for Local Culture Promotion) |
| (1) | A Mayor/ |
| (2) | Where a Mayor/ |
| (3) | Where a Mayor/ |
| (4) | The head of a |
| (5) | Where the head of a |
| (6) | Where a Mayor/ |
| (7) | An implementation plan shall contain the following: |
| 1. | Basic direction-setting for policies for promoting local culture of the relevant region; |
| 2. | Development and execution of the policies for promoting local culture suitable for cultural characteristics and actual conditions of the relevant region; |
| 3. | Budget and financial resources necessary to implement an implementation plan; |
| 4. | Matters necessary to reduce cultural gaps, such as supporting regions with disadvantageous cultural environment; |
| 5. | Fostering and supporting specialized human resources for local cultures; |
| 6. | Other matters necessary to promote local cultures. |
| Article 5 (Evaluation of Basic Plan and Implementation Plan) |
| (1) | The head of a |
| (2) | A Mayor/ |
| (3) | The Minister of Culture, Sports and Tourism shall evaluate the outcomes of a basic plan every five years, taking into account the outcomes of executing the City/ |
| Article 6 (Selection and Support of Regions with Disadvantageous Cultural Environment) |
| (1) | Regions with disadvantageous cultural environment under Article 9 (1) of the Act (hereinafter referred to as “region with disadvantageous cultural environment”) shall be selected form the following regions: |
| 1. | A region proven to have a larger cultural gap to bridge in comparison with other regions, as a result of investigating the actual status of local cultures under Article 11 (1) of the Act; |
| 2. | A region whose population consists of relatively more culturally marginalized people under Article 23-2 of the Enforcement Decree of the Culture and Arts Promotion Act, in comparison with other regions; |
| 3. | A region in which people have fewer opportunities to enjoy culture and arts, such as an island and a remote area under Article 2 of the Act on the Promotion of Education in Islands and Remote Areas, and an abandoned mine area under subparagraph 1 of Article 2 of the Special Act on the Assistance to the Development of Abandoned Mine Areas; |
| 4. | Other regions deemed by the Minister of Culture, Sports and Tourism or the head of a local government to require the improvement of cultural gaps and cultural environment. |
| (2) | Basic plans and implementation plans shall contain the content of support for regions with disadvantageous cultural environment. |
| Article 7 (Designation, etc. of Institution for Fostering Specialized Human Resources for Local Cultures) |
| (1) | The Minister of Culture, Sports and Tourism may designate any of the following institutions and organizations as an institution for fostering specialized human resources for local cultures (hereinafter referred to as “fostering institution”) pursuant to Article 10 (2) of the Act: |
| 1. | A university or college under subparagraph 1 of Article 2 of the Higher Education Act; |
| 2. | The Arts Council Korea under Article 20 of the Culture and Arts Promotion Act; |
| 3. | The Korea Arts and Culture Education Service under Article 10 of the Culture and Arts Education Support Act; |
| 4. | A local culture foundation under Article 19 of the Act; |
| 5. | A local cultural institute under Article 4 of the Promotion of Local Cultural Institutes Act, and the Federation of Korean Cultural Center under Article 12 (1) of the same Act; |
| 6. | Other institution or organization established for the purpose of researching and promoting local cultures. |
| (2) | Where the Minister of Culture, Sports and Tourism designates a fostering institution pursuant to paragraph (1), he/she shall take into consideration the following matters: |
| 1. | Expertise on local cultures; |
| 2. | Outcomes of fostering specialized human resources for local cultures; |
| 3. | Whether educational manpower, facilities and funds are secured. |
| (3) | An institution or organization which intends to be designated as a fostering institution pursuant to paragraphs (1) shall file an application for designation (including an application in an electronic document) prescribed by Ordinance of the Ministry of Culture, Sports and Tourism with the Minister of Culture, Sports and Tourism, attaching a document specifying the following matters: |
| 1. | Outcomes of fostering specialized human resources for local cultures, and a plan to foster such resources; |
| 2. | Courses for fostering specialized human resources for local cultures, and curriculum of each course; |
| 3. | Securing and managing educational manpower; |
| 4. | Facilities necessary to foster specialized human resources for local cultures; |
| 5. | A plan for raising financial resources necessary to operate a fostering institution. |
| (4) | The validity period of designation of a fostering institution shall be two years. |
| (5) | The Minister of Culture, Sports and Tourism may subsidize expenses necessary to foster specialized human resources for regional cultures for fostering institutions, within budgetary limits. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary to designate fostering institutions shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 8 (Designation, etc. of Advisory Center for Local Culture Promotion) |
| (1) | An advisory center for local culture promotion under Article 13 of the Act (hereinafter referred to as “advisory center”) may be designated from among the following institutions or organizations: |
| 1. | A university or college under subparagraph 1 of Article 2 of the Higher Education Act; |
| 2. | The Arts Council Korea under Article 20 of the Culture and Arts Promotion Act; |
| 3. | The Korea Arts and Culture Education Service under Article 10 of the Culture and Arts Education Support Act; |
| 4. | A local culture foundation under Article 19 of the Act; |
| 5. | A local cultural institute under Article 4 of the Promotion of Local Cultural Institutes Act and the Federation of Korean Cultural Center under Article 12 (1) of the same Act; |
| 6. | Other institutions or organizations established for the purpose of researching and giving advice on policies concerning local cultures. |
| (2) | In cases of designating an advisory center, the following matters shall be taken into consideration: |
| 1. | Outcomes of research related to local cultures; |
| 2. | Expertise concerning local cultures; |
| 3. | Records of giving advice on policies concerning local cultures; |
| 4. | Whether specialized human resources for local cultures are secured. |
| (3) | The validity period of designation of an advisory center shall be two years. |
| Article 9 (Deliberative Committee on Cities of Culture) |
| (1) | “Matters prescribed by Presidential Decree” in Article 14 (2) 4 of the Act means the following matters: |
| 1. | Formulating basic policies concerning supporting cities of culture; |
| 2. | Scope and content of basic investigations under Article 13 (1); |
| 3. | Other matters deemed by the Minister of Culture, Sports and Tourism necessary to efficiently promote projects for creating cities of culture. |
| (2) | The Deliberative Committee on Cities of Culture under Article 14 of the Act (hereinafter referred to as “Deliberative Committee”) shall be composed of not more than 20 members, including one chairperson. |
| (3) | The members of the Deliberative Committee (hereafter referred to as “member” in this Article and Article 10) shall be appointed or commissioned by the Minister of Culture, Sports and Tourism from among the following persons, in consideration of their sex; and the chairperson of the Deliberative Committee (hereafter referred to as “chairperson” in this Article) shall be designated by the Minister of Culture, Sports and Tourism from among the members under subparagraph 1: |
| 1. | Persons who have abundant knowledge and experience in policies for local cultures or in a field related to the creation of cities of culture, including culture and arts, culture industry, tourism, tradition, building, and urban planning; |
| 2. | Persons recommended by the heads of their affiliated agencies from among public officials belonging to the Senior Civil Service of the relevant central administrative agencies. |
| (4) | The term of office of the chairperson and the members under paragraph (3) 1 shall be two years. |
| (5) | The chairperson shall convoke the Deliberative Committee’s meetings at the request of the Minister of Culture, Sports and Tourism, and preside over them. |
| (6) | A majority of the members of the Deliberative Committee shall constitute a quorum, and any decision thereof shall require a concurring vote of at least a majority of those present. |
| (7) | The Deliberative Committee shall have one secretary to handle its administrative affairs, who shall be nominated by the Minister of Culture, Sports and Tourism, from among public officials under his/her jurisdiction. |
| (8) | If deemed necessary to perform its business affairs, the Deliberative Committee may request the relevant administrative agencies to provide materials, or hear the opinions of experts concerning cities of culture. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary to operate the Deliberative Committee shall be determined by the chairperson after deliberation by the Deliberative Committee. |
| Article 10 (Exclusion, Challenge and Abstention of Members) |
| (1) | A member shall be excluded from deliberation of the relevant case, where he/she falls under any of the following: |
| 1. | Where the member or his/her current or former spouse is a party to the relevant case (where a party is a corporation, organization, etc., its executives or employees are included; hereafter the same shall apply in this subparagraph and subparagraph 2) or is a co-rightholder or co-obligor with a party to the relevant case; |
| 2. | Where the member is or was a relative of any party to the relevant case; |
| 3. | Where the member or the corporation, organization, etc. to which the member belongs has given advice or has conducted research, services (included subcontracted services), appraisals or investigations with respect to the relevant case; |
| 4. | Where the member or the corporation or organization, etc. to which the member belongs is or was an agent of any party to the relevant case; |
| 5. | Where the organization, etc. in which the member serves as an executive officer or an employee, or has ever served as such at any time during the latest three years has given advice, or has conducted research, services (included subcontracted services), appraisals or investigations with respect to the relevant case. |
| (2) | Where the circumstances indicate that it would be difficult to expect fair deliberation and resolution from a member, any party to the relevant case may file a request for a challenge to such member with the Deliberative Committee; and the Deliberative Committee shall decide whether to grant the request by a resolution. In such cases, the member a challenge to whom is requested shall not participate in the resolution on the relevant case. |
| (3) | Where a member falls under any ground for exclusion under any subparagraph of paragraph (1), he/she shall voluntarily abstain from deliberating and resolving on the relevant case. |
| (4) | The Minister of Culture, Sports and Tourism may dismiss or decommission a member who fails to make a request for abstention even though he/she falls under any subparagraph of paragraph (1). |
| Article 10-2 (Dismissal and Decommission of Members) |
| 1. | Where he/she becomes unable to perform his/her duties due to mental disorder; |
| 2. | Where any corruption or illegality has occurred in relation to his/her duties as a member; |
| 3. | Where he/she is deemed inappropriate as a member due to his/her neglect of duties, injury to dignity, or other grounds; |
| 4. | Where he/she fails to abstain even though he falls under any subparagraph of Article 10 (1); |
| 5. | Where he/she voluntarily declares that it is difficult to perform his/her duties as a member. |
| Article 11 (Fields for Which Cities of Culture Can be Designated) |
| Article 12 (Preparation and Approval of Plans for Creating Cities of Culture) |
| (1) | “Matters prescribed by Presidential Decree” in Article 15 (4) 5 of the Act means the following matters: |
| 1. | The current status of cultural environment and resources of the relevant cities; |
| 2. | Organization and implementation system necessary for projects of creating cities of culture; |
| 3. | Operation and fosterage of specialized human resources necessary for projects of creating cities of culture; |
| 4. | Other matters deemed by the Minister of Culture, Sports and Tourism necessary for projects of creating cities of culture. |
| (2) | The head of a local government applying for the designation of a city of culture (hereinafter referred to as “head of the relevant local government”) pursuant to Article 15 (3) of the Act shall hear the opinions of the residents and related organizations and institutions of the relevant region when preparing a plan for creating a city of culture. |
| (3) | Where the Minister of Culture, Sports and Tourism intends to approve a plan for creating a city of culture pursuant to Article 15 (3) of the Act, he/she shall refer such plan to the Deliberative Committee for deliberation, after consultation with the Mayor/ |
| (4) | Where the Minister of Culture, Sports and Tourism approves a plan for creating a city of culture, he/she shall notify the Mayor/ |
| (5) | The head of a local government in receipt of a notification of approval of a plan for creating a city of culture pursuant to paragraphs (4) shall publish the major content of such plan in its official report and on its Internet homepage. |
| Article 13 (Designation of Cities of Culture) |
| (1) | If necessary to designate a city of culture, the Minister of Culture, Sports and Tourism may make basic investigations of the cultural resources of the relevant region, the current status of preparing the creation of a city of culture, and other related matters. In such cases, the Minister of Culture, Sports and Tourism may request the head of the relevant local government to provide materials necessary for basic investigations. |
| (2) | Where the Minister of Culture, Sports and Tourism designates a city of culture pursuant to Article 15 (5) of the Act, he/she shall notify the Mayor/ |
| (3) | The heads of the relevant local governments in receipt of a notification of designation of a city of culture pursuant to paragraphs (2) shall publish the fact without delay in official reports and on their Internet homepages. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for procedures, etc. for designating cities of culture shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 14 (Revocation of Designation of Cities of Culture) |
| (1) | Where the Minister of Culture, Sports and Tourism intends to revoke the designation of a city of culture pursuant to Article 16 (1) of the Act, he/she may conduct investigations of the current status of executing the project for creating a city of culture. |
| (2) | If necessary to conduct investigations under paragraph (1), the Minister of Culture, Sports and Tourism may request the heads of the relevant local governments to provide materials concerning the current status of creating a city of culture. |
| (3) | Where the Minister of Culture, Sports and Tourism intends to revoke the designation of a city of culture, he/she shall hear in advance the opinion of the head of the relevant local government. |
| (4) | Where the Minister of Culture, Sports and Tourism revokes the designation of a city of culture, he/she shall notify the Mayor/ |
| (5) | The heads of the relevant local governments in receipt of a notification of the designation of a city of culture pursuant to paragraphs (4) shall publish without delay the fact in official reports and on their Internet homepages. |
| Article 15 (Support for Cities of Culture) |
| 1. | Expenses necessary for projects for creating cities of culture; |
| 2. | Expenses necessary to foster and support specialized human resources for regional cultures; |
| 3. | Expenses necessary to establish a cooperative system for creating cities of culture; |
| 4. | Expenses necessary for the publicity of cities of culture. |
| Article 16 (Designation of Zones of Culture) |
| (1) | Pursuant to Article 18 (1) of the Act, a Mayor/ |
| (2) | “Business facilities prescribed by Presidential Decree” means business facilities related to traditional culture. such as folkcraft shops and antiques shops” in Article 18 (1) 1 of the Act means folkcraft shops, antiques shops, writing and painting brush shops, paintings mounting shops, and pottery shops. |
| (3) | “Area prescribed by Presidential Decree” in Article 18 (1) 3 of the Act means area with specialized cultural characteristics, the designation of which as a zone of culture is deemed necessary by a Mayor/ |
| (4) | Where a Mayor/ |
| Article 17 (Preparation and Approval of Management Plan for Zone of Culture) |
| (1) | A management plan for a zone of culture under Article 18 (2) of the Act shall contain the following: |
| 1. | Types of business or facilities prohibited or restricted in the relevant zone of culture pursuant to Article 18 (3) of the Act; |
| 2. | Types of cultural facilities or business facilities, the establishment and operation of which are recommended pursuant to Article 19; |
| 3. | Other matters necessary to operate the relevant zone of culture. |
| (2) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a |
| (4) | Where a Mayor/ |
| (5) | Where the head of a |
| (6) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a |
| Article 18 (Categories of Business Restricted in Zone of Culture) |
| (1) | “Business prescribed by Presidential Decree” in Article 18 (3) 2 of the Act means Karaoke bar business and entertainment bar business under subparagraph 8 (c) and (d) of Article 21 of the Enforcement Decree of the Food Sanitation Act. |
| (2) | In case of determining the business or facilities to be prohibited or restricted in a zone of culture pursuant to Article 18 (3) 3 of the Act, the cultural resources, cultural characteristics and designation purpose of such zone of culture shall be taken into consideration. |
| Article 19 (Cultural Facilities, etc. Recommended to be Established and Operated) |
| 1. | Cultural facilities under attached Table 1 of the Enforcement Decree of the Culture and Arts Promotion Act; |
| 2. | Business facilities deemed by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a |
| Article 20 (Evaluation of Management Plans for Zone of Culture) |
| Article 21 (Establishment and Operation of Local Culture Foundation and Local Culture and Arts Committee) |
| (1) | In case of prescribing matters necessary to establish and operate a local culture foundation and a local culture and arts commission by municipal ordinance of a local government pursuant to Article 19 (3) of the Act, such municipal ordinance shall contain the following matters: |
| 1. | Scope of business; |
| 2. | Matters concerning financial resources; |
| 3. | Other matters deemed by the Minister of Culture, Sports and Tourism necessary to establish and operate a local culture foundation and a local culture and arts commission. |
| (2) | The scope of business under paragraph (1) 1 shall include the following: |
| 1. | Development, implementation and support of local culture promotion; |
| 2. | Support for and advice on the development of policies for local culture; |
| 3. | Fosterage and support of specialized human resources for local cultures; |
| 4. | Implementation of projects for supporting and invigorating organizations for local culture and arts; |
| 5. | Business affairs concerning cooperation, connection and exchange with respect to local cultures; |
| 6. | Other business deemed necessary to promote local cultures. |
| Article 22 (Establishment and Operation of Cooperative Committee on local Cultures) |
| (1) | The Cooperative Committee on Local Cultures (hereinafter referred to as “Cooperative Committee”) shall be established under the Minister of Culture, Sports and Tourism to give advice on policies and projects for local culture promotion. |
| (2) | The Cooperative Committee shall deliberate on the following matters: |
| 1. | Establishing, implementing and evaluating basic plans for local culture promotion under Article 6 (1) of the Act; |
| 2. | Selecting and supporting regions with disadvantageous cultural environment under Article 9 of the Act; |
| 3. | Designating and fostering specialized human resources for local cultures under Article 10 of the Act; |
| 4. | Investigating current status of local cultures under Article 11 of the Act; |
| 5. | Designating and supporting advisory centers for local culture promotion under Article 13 of the Act; |
| 6. | Cooperation, connection and exchange between institutions and organizations related to local cultures; |
| 7. | Other matters deemed by the Minister of Culture, Sports and Tourism necessary for local culture promotion. |
| (3) | The Cooperative Committee shall be composed of not more than 20 members, including two chairpersons. |
| (4) | The Minister of Culture, Sports and Tourism and one member elected from among and by the members under paragraph (5) 1 through 3 shall serve as the chairpersons of the Cooperative Committee. |
| (5) | The members of the Cooperative Committee shall be appointed or commissioned by the Minister of Culture, Sports and Tourism from among the following persons, in consideration of their sex: |
| 1. | Representatives of local culture-related institutions and organizations; |
| 2. | Chairperson of the Arts Council Korea under Article 20 of the Culture and Arts Promotion Act; |
| 3. | Persons with abundant expertise and experience in policies for local culture; |
| 4. | Persons recommended by the heads of their affiliated agencies from among public officials belonging to the Senior Civil Service of the relevant central administrative agencies. |
| (6) | The term of office of the members under paragraph (5) 3 shall be two years. |
| (7) | Where a member under paragraph (5) falls under any of the following, he/she may be dismissed from office or decommissioned: <Newly inserted by Act No. 27129, May 10, 2016> |
| 1. | Where he/she becomes unable to perform his/her duties due to mental disorder; |
| 2. | Where any corruption or illegality has occurred in relation to his/her duties as a member; |
| 3. | Where he/she is deemed inappropriate as a member due to his/her neglect of duties, injury to dignity, or other grounds; |
| 4. | Where he/she voluntarily declares that it is difficult to perform his/her duties as a member. |
| (8) | A majority of the members of the Cooperative Committee shall constitute a quorum, and any decision thereof shall require a concurring vote of at least a majority of those present. |
| (9) | Subcommittees or working committees may be established in the Cooperative Committee to efficiently operate the latter. |
| (10) | Except as provided in paragraphs (1) through (9), matters necessary to organize and operate the Cooperative Committee, subcommittees and working committees shall be determined by the Chairperson after deliberation by the Deliberative Committee. <Amended by Act No. 27129, May 10, 2016> |
| Article 23 (Report on Creation of Fund for Local Culture Promotion) |
| Article 24 (Standards for Imposing Administrative Fines) |