ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION AND PROMOTION OF CULTURAL DIVERSITY
Presidential Decree No. 25782, Nov. 28, 2014
Amended by Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 28211, Jul. 26, 2017
| Article 2 (Formulation and Amendment of Basic Plans, etc.) |
| (1) | In order to efficiently formulate a basic plan for the protection and promotion of cultural diversity referred to in Article 6 (1) of the Act on the Protection and Promotion of Cultural Diversity (hereinafter referred to as a “basic plan”), the Minister of Culture, Sports and Tourism shall formulate guidelines on preparing a basic plan in advance through consultations with the heads of the relevant central administrative agencies, and notify the heads of the relevant central administrative agencies thereof. |
| (2) | The heads of the relevant central administrative agencies shall formulate sectoral plans concerning affairs under their jurisdiction in accordance with the guidelines on preparing a basic plan referred to in paragraph (1), and submit them to the Minister of Culture, Sports and Tourism. |
| (3) | The Minister of Culture, Sports and Tourism shall formulate a basic plan by integrating sectoral plans submitted pursuant to paragraph (2), hearing the opinions of the heads of local governments, and consulting with the heads of the relevant central administrative agencies. |
| (4) | Where the Minister of Culture, Sports and Tourism intends to amend a basic plan, he/she shall undergo deliberation of the Cultural Diversity Committee referred to in Article 7 of the Act (hereinafter referred to as the “Committee”) after hearing opinions of the heads of the relevant local governments and consulting with the heads of the relevant central administrative agencies: Provided, That the foregoing shall not apply when amending minor matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (5) | Where the Minister of Culture, Sports and Tourism has amended a basic plan pursuant to paragraph (4), he/she shall notify details thereof to the heads of the relevant central administrative agencies and the heads of local governments. |
| Article 3 (Formulation of Annual Implementation Plans, etc.) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate an annual implementation plan for promoting a basic plan prescribed in Article 6 (4) of the Act (hereinafter referred to as an “implementation plan”) by integrating annual implementation plans submitted by the heads of the relevant central administrative agencies regarding affairs under their jurisdiction. |
| (2) | Where the Minister of Culture, Sports and Tourism intends to amend an implementation plan, he/she shall consult with the heads of the relevant central administrative agencies. |
| (3) | Where the Minister of Culture, Sports and Tourism has formulated or amended an implementation plan pursuant to paragraph (1) or (2), he/she shall notify details thereof to the heads of the relevant central administrative agencies and the heads of local governments |
| Article 4 (Members of Committee, etc) |
| (1) | The Committee shall consist of the chairperson of the Committee (hereinafter referred to as the “chairperson”), who shall be the Prime Minister, and the following members: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Minister of Strategy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Justice, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Health and Welfare, the Minister of Employment and Labor, the Ministry of Gender Equality and Family, and the Minister of the Office for Government Policy Coordination; |
| 2. | Up to seven persons commissioned by the Prime Minister, in consideration of gender diversity from among those with abundant professional knowledge about and experiences in policies for protecting and promoting cultural diversity. |
| (2) | The term of office of members commissioned pursuant to paragraph (1) 2 shall be three years, and the consecutive appointment may be permitted. |
| (3) | The Committee shall have one secretary who shall handle the duties of the Committee, and the head of the Culture Policy Bureau of the Ministry of Culture, Sports and Tourism shall serve as the secretary. |
| (4) | Where the chairperson is unable to perform his/her duties due to extenuating circumstances, a member designated by the chairperson in advance shall perform the chairperson’s duties on his/her behalf. |
| Article 4-2 (Dismissal of Members) |
Where any member prescribed in Article 4 (1) 2 falls under any of the following, the Prime Minister may dismiss such member: | 1. | When the member becomes incapable of performing his/her duties due to any mental or physical disorder; |
| 2. | When the member engages in misconduct in connection with his/her duties; |
| 3. | When the member is deemed unsuitable as a member due to delinquency of a duty, injury to dignity, or on any other ground; |
| 4. | When the member voluntarily admits that it is impracticable for him/her to perform his/her duties as a member. |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| (1) | The chairperson shall convene and preside over the meetings of the Committee. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require a concurring vote of at least a majority of those present. |
| (3) | Where it is deemed necessary for deliberation of the Committee, the chairperson may require the heads of the relevant central administrative agencies or the heads of local governments to attend a meeting of the Committee to hear their opinions. |
Allowances may be paid to members who have attended a meeting of the Committee within budgetary limits: Provided, That the foregoing shall not apply where a member who is a public official attends such meeting in direct connection with his/her competent duties.
| Article 7 (Detailed Regulations on Operation) |
Matters necessary for the organization and operation of the Committee, other than those provided for in Articles 4 through 6, shall be prescribed by the chairperson through resolution of the Committee.
| Article 8 (Actual Status Surveys on Cultural Diversity) |
| (1) | The Minister of Culture, Sports and Tourism shall conduct an actual status survey on cultural diversity referred to in Article 8 of the Act (hereinafter referred to as “actual status survey on cultural diversity”) according to the following classification: |
| 1. | Regular surveys: Surveys conducted every two years to ascertain the actual status of the protection and promotion of cultural diversity; |
| 2. | Occasional surveys: Surveys conducted where the Minister of Culture, Sports and Tourism deems it necessary concerning specific fields, issues, etc. |
| (2) | An actual status survey on cultural diversity shall be conducted, covering each of the following: Provided, That, when conducting an occasional survey referred to in paragraph (1) 2, some of the following matters may be omitted, in consideration of the necessity of the survey, etc: |
| 1. | Matters relating to social awareness of cultural diversity; |
| 2. | Matters relating to diversity of cultural enjoyment or cultural creative activities; |
| 3. | Matters relating to facilities, resources and human resources for the protection and promotion of cultural diversity; |
| 4. | Matters relating to the current status of policies and institutions for the protection and promotion of cultural diversity. |
| (3) | For the purpose of conducting an actual status survey on cultural diversity, the Minister of Culture, Sports and Tourism may request submission of necessary materials from the heads of the relevant central administrative agencies, the heads of local governments, and relevant institutions and organizations. |
| (4) | The Minister of Culture, Sports and Tourism may entrust conducting of an actual status survey on cultural diversity to an institution or organization equipped with the expertise and human resources necessary for research on cultural diversity. |
| Article 9 (Preparation of Annual Reports, etc.) |
For the purpose of preparing a report on the current status of implementation of the policies for protecting and promoting cultural diversity as well as on the outcomes of evaluation of the detailed implementation of such policies prescribed in Article 9 of the Act, the Minister of Culture, Sports and Tourism may request submission of necessary materials from the heads of the relevant central administrative agencies and the heads of local governments.
| Article 10 (Support for Protection and Promotion of Cultural Diversity) |
| (1) | In accordance with Article 12 (1) of the Act, the State and local governments may provide administrative or financial support to any of the following activities conducted in the fields of culture and arts, academia, physical education, the cultural industry, etc. or to cultural facilities for such activities. In such cases, the urgency of support, the participation of social members, anticipated effects, etc. shall be taken into consideration: |
| 1. | Activities for coexistence and harmonization of diverse cultures; |
| 2. | Activities for expanding opportunities to express and enjoy diverse cultures. |
| (2) | Where the State and local governments intend to provide support pursuant to paragraph (1), they may hear the opinions of relevant institutions, organizations or experts. |
| Article 11 (Education on Protection and Promotion of Cultural Diversity) |
| (1) | The State and local governments may provide education on cultural diversity prescribed in Article 13 (1) of the Act to teachers, adolescents, and others deemed necessary for receiving education on cultural diversity. |
| (2) | The details of the cultural diversity education prescribed in paragraph (1) shall be as follows: |
| 1. | Details of treaties, statutes and policies related to cultural diversity; |
| 2. | Details of diverse forms of culture based on nationality, ethnicity, race, religion, language, region, gender, generation, disability, etc.; |
| 3. | Matters relating to specific methods for respecting cultural diversity; |
| 4. | Other matters relating to protection and promotion of cultural diversity. |
ADDENDA
Article 1 (Enforcement Decree)
This Decree shall enter into force on November 29, 2014.
Article 2 (Transitional Measures concerning Actual Status Surveys on Cultural Diversity)
The regular survey to be conducted for the first time pursuant to Article 8 shall be conducted until December 31, 2015.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Presidential Decrees, which were promulgated before this Decree enters into force, whose enforcement dates have not yet arrived, from among the Presidential Decrees amended under Article 8 of this Addenda, shall enter into force on the date when the relevant Presidential Decree enters into force, respectively.
Articles 2 through 8 Omitted.