Presidential Decree No. 25490, Jul. 21, 2014
Article 1 (Purpose) |
Article 2 (Duties of Organizations Mediating Support for Culture and Arts) |
1. | Duties of mediating or providing support for culture and arts; |
2. | Education and training of human resources mediating or providing support for culture and arts; |
3. | Publicity for raising social awareness of support for culture and arts; |
4. | Activities for promoting support for culture and arts, such as counseling on support for culture and arts or provision of information. |
Article 3 (Requirements for Organizations Mediating Support for Culture and Arts) |
(1) | "Organization type prescribed by Presidential Decree, including a non-profit corporation prescribed in the Civil Act" means any of the following organization types: |
1. | Non-profit corporation pursuant to Article 32 of the Civil Act; |
2. | Non-profit, non-governmental organization pursuant to Article 2 of the Assistance for Non-profit, Non-governmental Organizations Act; |
3. | Non-profit corporation established under special Acts. |
(2) | "Matters prescribed by Presidential Decree" in Article 5 (1) 4 of the Act means any of the following matters: |
1. | Duties concerning support for culture and arts shall be included in its purpose and business contents written in its articles of association or covenants, etc. (hereinafter referred to as "articles of association, etc.") pursuant to Article 6 (1) of the Act; |
2. | It shall be equipped with exclusive organizations or human resources performing duties of support for culture and arts; |
3. | It shall have soundness in its financial operation. |
Article 4 (Procedures, etc. for Certifying Organizations Mediating Support for Culture and Arts) |
(1) | Where a non-profit corporation or organization intends to be certified as an organization mediating support for culture and arts pursuant to Article 5 of the Act, it shall apply for the certification by submitting to the Minister of Culture, Sports and Tourism a written application prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, accompanied with the following documents: |
1. | Its articles of association; |
2. | Business plans on support for culture and arts; |
3. | Current status of its exclusive organization or human resources; |
4. | List of property necessary for operating a group mediating support for culture and arts (including documents which can verify ownership or rights to be exercised). |
(2) | Upon receipt of an application pursuant to paragraph (1), the Minister of Culture, Sports and Tourism shall issue a certificate of an organization mediating support for culture and arts (hereinafter referred to as "certificate of a mediatory organization“) prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, to an applicant once he/she deems that the applicant satisfies requirements prescribed in Article 5 (1) of the Act after the applicant undergoes review within 60 days from the date the application is received. |
(3) | Where the Minister of Culture, Sports and Tourism deems that it is not suitable to certify an organization as an organization mediating support for culture and arts as a result of conducting a review after receiving an application pursuant to paragraph (1), he/she shall notify the applicant of grounds for the rejection without delay. |
(4) | Where the Minister of Culture, Sports and Tourism certifies an organization as an organization mediating support for culture and arts pursuant to paragraph (2), he/she shall publicize the following matters on the Internet website of the Ministry of Culture, Sports and Tourism: |
1. | Name and representative of the organization mediating support for culture and arts; |
2. | Scope and details of duties related to support for culture and arts by the relevant organization mediating support for culture and arts. |
Article 5 (Extension of Valid Period for Certification) |
(1) | Any person who intends to obtain an extension of the valid period for certification of an organization mediating support for culture and arts pursuant to Article 5 (3) of the Act shall file an application with the Minister of Culture, Sports and Tourism prior to six months before the valid period for certification expires, by attaching the following documents to a written application prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: |
1. | Documents prescribed in the subparagraphs of Article 4 (1); |
2. | Documents concerning performance of projects for support for culture and arts during a valid period for certification after it is certified as an organization mediating support for culture and arts. |
(2) | Upon receipt of an application filed under paragraph (1), the Minister of Culture, Sports and Tourism shall determine whether he/she will extend the valid period for certification after reviewing the following matters: |
1. | Performance of projects for support for culture and arts during the valid period for certification after it is certified as an organization mediating support for culture and arts; |
2. | Whether it can implement projects for support for culture and arts, satisfying requirements for certification after extension of the valid period for certification. |
Article 6 (Re-issuance of Certificates of Mediatory Organizations) |
(1) | Where an organization mediating support for culture and arts which has been issued a certificate of a mediatory organization falls under any of the following subparagraphs, it shall file an application for a re-issuance of a certificate of a mediatory organization with the Minister of Culture, Sports and Tourism by attaching evidential materials thereto: |
1. | Where a certificate is lost or damaged; |
2. | Where matters included in a certificate are revised. |
(2) | In receipt of an application filed under (1), the Minister of Culture, Sports and Tourism shall re-issue a certificate of a mediatory organization within seven days from the date the application is filed. |
Article 7 (Revocation of Certification of Organizations Mediating Support for Culture and Arts) |
Article 8 (Reporting and Submission of Documents) |
Article 9 (Certification of Exemplary Institutions of Support for Culture and Arts) |
(1) | "Institutions prescribed by Presidential Decree, including companies which set an example for supporting culture and arts" in Article 12 (1) of the Act means any of the following companies which set an example for supporting culture and arts: |
1. | A company which has made registration of incorporation pursuant to Article 172 of the Commercial Act; |
2. | An enterprise which has made business registration pursuant to Article 168 of the Income Tax Act or Article 8 of the Value-Added Tax Act; |
3. | Public institutions designated by the Minister of Strategy and Finance pursuant to Article 4 (1) of the Act on the Management of Public Institutions; |
4. | A local corporation or local industrial complex established pursuant to the Local Public Enterprises Act. |
(2) | Any company, etc., which intend to be certified as an organization mediating support for culture and arts pursuant to Article 12 (1) of the Act shall file an application with the Minister of Culture, Sports and Tourism with a written application prescribed by Ordinance of the Ministry Culture, Sports and Tourism by attaching the following documents thereto: |
1. | Organizations related to support for culture and arts, and current status of human resources; |
2. | Performance of support for culture and arts; |
3. | Operation system of support for culture and arts; |
4. | Other data related to support for culture and arts. |
(3) | Standards for certification of exemplary institutions of support for culture and arts pursuant to Article 12 (1) of the Act shall be as follows: |
1. | It shall have organizations and human resources necessary for support for culture and arts; |
2. | It shall support culture and arts frequently and consistently; |
3. | It shall have the adequate operation system related to support for culture and arts. |
(4) | Details of standards for certification prescribed in paragraph (3) shall be determined and publicly notified by the Minister of Culture, Sports and Tourism. |
(5) | Where the Minister of Culture, Sports and Tourism, in receipt of an application filed under paragraph (2), deems that an applicant satisfies standards for certification prescribed in paragraphs (3) and (4) after conducting review within 60 days from the date of such application, he/she shall issue a certificate of an exemplary institution of support for culture and arts prescribed by Ordinance of the Ministry of Culture, Sports and Tourism (hereinafter referred to as "certificate of an exemplary institution") to the applicant. |
(6) | Where the Minister of Culture, Sports and Tourism deems that it is not suitable to certify an applicant as an exemplary institution of support for culture and arts as a result of conducting review after receiving an application filed under paragraph (2), he/she shall notify the applicant of detailed grounds for the determination of unsuitability without delay. |
(7) | With regard to re-issuance of a certificate of an exemplary institution, Article 6 shall apply |
Article 10 (Extension of Valid Period for Certification) |
(1) | Any person who intends to obtain an extension of a valid period for certification of exemplary institutions of support for culture and arts pursuant to Article 12 (5) of the Act shall file an application with the Minister of Culture, Sports and Tourism prior to six months before the valid period for certification expires by attaching documents prescribed in the subparagraphs of Article 9 (2) to a written application prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
(2) | With regard to determination on whether to extend the valid period for certification, Article 5 (2) shall apply |
Article 11 (Revoking Certification of Exemplary Institutions of Support for Culture and Arts) |
Article 12 (Entrustment of Duties) |
1. | Receipt and review of applications for certification of organizations mediating support for culture and arts, and applications for extension of the valid period for certification pursuant to Article 5 (2) and (3) of the Act; |
2. | Receipt and review of applications for certification of exemplary institutions of support for culture and arts, and applications for extension of the valid period for certification pursuant to Article 12 (2) and (5) of the Act. |
Article 13 (Standards for Imposition of Administrative Fines) |