ACT ON THE PROMOTION OF NEWS COMMUNICATIONS
Act No. 6905, May 29, 2003
Amended by Act No. 7369, Jan. 27, 2005
Act No. 7655, Aug. 4, 2005
Act No. 8738, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9214, Dec. 26, 2008
Act No. 9755, jun. 9, 2009
Act No. 9785, Jul. 31, 2009
Act No. 10585, Apr. 14, 2011
Act No. 11690, Mar. 23, 2013
Act No. 13854, Jan. 27, 2016
Act No. 13924, Jan. 27, 2016
Act No. 14628, Mar. 21, 2017
Act No. 15060, Nov. 28, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to seek the sound development of news communications and creation of public opinion in a democratic manner and to protect national interests related to news communications by guaranteeing the freedom and independence of news communications and increasing the public responsibilities thereof while promoting the sound growth of news agencies and enhancing the public nature thereof.
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
The terms used in this Act shall be defined as follows:
| 1. | The term "news communications" means the wired or wireless transmission and reception of news, comments, public opinions, etc. regarding domestic and foreign politics, economy, society, culture, current issues, etc. for the purpose of the dissemination thereof, or issuing publications for the aforementioned purpose upon obtaining permission for a wireless station as prescribed in the Radio Waves Act or using other information and communications technology under a news communications with any foreign news agency; |
| 2. | The term "news communications business" means the business of providing news communications; |
| 3. | The term "news communications business entity" means a corporation that runs news communications business registered under Article 8 to run news communication business; |
| 4. | The term "editor" means a person appointed by a news communications business entity, who takes the responsibilities for editing news communications. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 3 (Training, etc.) |
| (1) | Each news communications business entity shall prepare and operate a training system to improve the capability and quality of his/her employees. |
| (2) | Each news communications business entity shall protect the editing and production activities of his/her employees. |
| (3) | Each news communications business entity shall improve the working environment and labor conditions for his/her employees and take other measures necessary for enhancing welfare based on the ethos of cooperation between management and labor. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 4 (Responsibilities of News Communications Business Entities) |
| (1) | Each news communications business entity shall edit, produce and provide accurate, fair and objective news information in a regular and consistent manner. |
| (2) | Each news communications business entity shall secure and maintain domestic and overseas coverage networks appropriate for performing functions as an information providing organization, which produces and disseminate news information. |
| (3) | Each news communications business entity shall produce and provide news information which can invigorates international cultural and economic exchanges and contribute to securing national homogeneity. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 5 (Fairness in and Public Nature of News Communications) |
| (1) | News communications shall offer fair and objective reports, In such cases, there shall be no discrimination on grounds of gender, age, occupation, religion, faith, social class, region, race, etc. |
| (2) | News communications shall respect citizens' ethical and emotional sentiments. |
| (3) | News communications shall contribute to protecting citizens' fundamental rights and promoting closer international relations. |
| (4) | News communications shall protect and expand citizens' right to know and freedom of expression. |
| (5) | News communications shall contribute to the balanced development of communities and the promotion of national culture. |
| (6) | When announcing policies, etc. of the Government or a specific group, news communications shall endeavor to provide other groups having different opinions with an equal opportunity and shall also endeavor to keep balance in editing in connection with political stakeholders. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 6 (Formulation, etc. of Polices for Promotion of News Communications) |
| (1) | The Government shall formulate necessary policies to ensure that news communications can develop in harmony with different mass media, such as broadcasting and newspapers. |
| (2) | When a news communications business entity provides news information it produced to the general public for public purpose, such as narrowing the information divide, the Government may pay an information use fee calculated by a method prescribed by Presidential Decree to the news communications business entity. |
| (3) | The Government may conclude a subscription contract with news communications business entities registered pursuant to Article 8, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 7 (Application Mutatis Mutandis of the Act on the Promotion of Newspapers, Etc.) |
[This Article Wholly Amended by Act No. 9785, Jul. 31, 2009]
CHAPTER II PROVISIONS PERTAINING TO NEWS COMMUNICATIONS BUSINESS
| Article 8 (Registration, etc.) |
| (1) | Any person intending to run news communications business shall conclude a news communications contract with a foreign news agencyupon obtaining permission for a wireless station pursuant to the Radio Waves Act or being equipped with information and communications systems prescribed by Presidential Decree by using other information and communications technology and register the following matters with the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. The same shall also apply to revisions to registered matters: |
| 2. | The name of the corporation and location of its main office and the name, date of birth, address of the representative thereof; |
| 3. | The name, date of birth and address of the editor; |
| 4. | Matters prescribed by Presidential Decree in connection with wireless stations or information and communications systems using other information and communications technology; |
| 5. | Details contained in the news communications contract concluded with a foreign news agency; |
| 6. | Other matters prescribed by Presidential Decree. |
| (2) | Upon completing registration of news communications business pursuant to paragraph (1), the Minister of Culture, Sports and Tourism shall issue a registration certificate without delay. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 9 (Grounds for Disqualification, etc.) |
| (1) | None of the following persons may become a representative director or editor of a news communications business entity: <Amended by Act No. 14628, Mar. 21, 2017; Act No. 15060, Nov. 28, 2017> |
| 1. | A person who is not a citizen of the Republic of Korea; |
| 2. | A person who has no address in the Republic of Korea; |
| 4. | A person for whom his/her imprisonment without labor or greater punishment declared by a court was not completely executed or the non-execution of such sentence has not become final for violating the Act on Promotion of Periodicals, including Magazines, the Broadcasting Act, the Internet Multimedia Broadcast Services Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Telecommunications Business Act, the Radio Waves Act, or the Copyright Act, or committing a crime under Articles 87 through 90 or 92 through 101 of the Criminal Act, Articles 5 through 8, 9 (2), or 11 through 16 of the Military Criminal Act, or Articles 3 through 9 of the National Security Act; |
| 4-2. | A person who is under suspension of the execution of his/her imprisonment without labor or greater punishment declared by a court for violating the Act on Promotion of Periodicals, including Magazines, the Broadcasting Act, the Internet Multimedia Broadcast Services Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Telecommunications Business Act, the Radio Waves Act, or the Copyright Act, or committing a crime under Articles 87 through 90 or 92 through 101 of the Criminal Act, Articles 5 through 8, 9 (2), or 11 through 16 of the Military Criminal Act, or Articles 3 through 9 of the National Security Act; |
| 6. | A person who has been sentenced to a fine or a heavier punishment for violating this Act and for whom two years have not elapsed since the execution of such punishment is terminated or the exemption of such punishment is made final and definite; |
| 7. | A representative director or an editor of a news communications business entity, the registration of which is revoked by reason of violating of this Act and for whom two years have not elapsed since such registration is revoked; |
| 8. | A minor, person under adult guardianship, or person under limited guardianship; |
| 9. | A bankrupt who has not been reinstated. |
| (2) | When a representative director or editor of a news communications business entity registered under Article 8 falls under grounds for disqualification prescribed in paragraph (1), the registration to change the representative director or editor of the news communications business entity shall be filed within one month after such grounds arise. |
| (3) | No person who is not a corporation may run news communications business. |
| (4) | None of the following persons shall run news communications business: |
| 1. | A foreign government, or foreign corporation or organization; |
| 2. | A corporation or organization, the representative of which falls under paragraph (1) 1 or 2; |
| 3. | A corporation in which foreigners or foreign corporations or organizations hold not less than 25/100 of its shares or equity. |
| (5) | When a person running or intending to run news communications business accepts property from foreigners or foreign corporations or organizations as an investment, he/she shall submit a document proving the fact that such investment was reported to the Minister of Trade, Infrastructure and Energy under Article 5 of the Foreign Investment Promotion Act to the Minister of Culture, Sports and Tourism within 15 days from the date on which such investment was reported or when filing for registration. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13854, Jan. 27, 2016> |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 9-2 (Matters to be Indicated Necessarily) |
Each news communications business entity shall indicate or announce the name, address, registration number, date of registration, title, representative director, editor and date of publication thereof in the relevant news communications report in a user-friendly manner, and when there are several editors, it shall indicate or announce their respective names and areas in charge. In such cases, when the relevant news communications report is published in print media, matters concerning the typographer and publishing office thereof shall be included therein.
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 9-3 (Revocation of Registration, etc.) |
| (1) | When a person who has obtained registration of a news communications business entity under Article 8 (1) falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may issue an order to the news communications business entity to suspend its news communications business for a period not exceeding three months: |
| 1. | When the news communications business entity runs news communications business after revising the terms on which he/she has obtained registration at his/her discretion without obtaining registration for revisions under Article 8 (1); |
| 2. | When the representative director or editor of such news communications business entity falls under grounds for disqualification prescribed in Article 9; |
| (2) | When a person who has obtained registration under Article 8 (1) falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may order the suspension of the relevant news communications business for a period not exceeding six months or apply for adjudication on the revocation of registration of the relevant news communications business: |
| 1. | When he/she has obtained registration by deceit or other unjust means; |
| 2. | When he/she has substantially undermined public morals or social ethics with obscene news communications reports. |
| (3) | The first trial following an application for adjudication prescribed in paragraph (2) shall be put under the control of a collegiate division of a local court having jurisdiction over the location of the general forum of the relevant news communications business entity. A court shall hold a trial within three months from the date of receipt of a request for adjudication. Requests, hearings, trials and other necessary matters for cases requesting for adjudication on the revocation of registration shall be prescribed by the Supreme Court Regulations. |
| (5) | When a person who has obtained registration of news communications business under Article 8 (1) falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may revoke the registration of the relevant news communications business entity: |
| 1. | When he/she fails to start the news communications business within six months from the date of registration without any justifiable ground; |
| 2. | When he/she suspends the relevant news communications business for not less than one year without any justifiable ground. |
| (6) | When registration is revoked according to a court ruling on the case requesting for adjudication on the revocation of registration prescribed in paragraph (2) or under paragraph (5) 1 and 2, the representative director of the news communications business entity, the registration of which is revoked as well as related parties prescribed by Presidential Decree with the news communications business entity may not register a news communications business under the revoked title within two years from the date of revocation. |
| (7) | When the Minister of Culture, Sports and Tourism intends to revoke the registration of news communications business under paragraph (5), he/she shall hold a hearing. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 9-4 (Deliberation Committee on Revocation of Registration) |
| (1) | A Deliberation Committee on Revocation of Registration shall be established under the jurisdiction of the Minister of Culture, Sports and Tourism to deliberate on orders for suspension of business and requests for adjudications on revocation of registration issued and filed under Article 9-3 (2) and dispositions of revocation of registration issued under paragraph (5) of the same Article in a fair and objective manner. |
| (2) | The organization and deliberation procedures of the Deliberation Committee on Revocation of Registration prescribed in paragraph (1) and other matters necessary therefor shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 9-5 (Establishment of Korean Branch Offices by Foreign News Agencies) |
| (1) | Any person intending to establish a branch office or branch of a foreign news agency in Korea shall obtain registration from the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. |
| (2) | When a person who has obtained registration under paragraph (1) falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may revoke the relevant registration: |
| 1. | When he/she has obtained registration by deceit or other unjust means; |
| 2. | When a branch office or branch substantially violates the objectives of its establishment; |
| 3. | When the relevant foreign news agency publishes articles which subvert the national constitution or substantially undermine national security. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
CHAPTER III YONHAP NEWS AGENCY
| Article 10 (Status and Duties) |
| (1) | As a national key news agency, the Yonhap News Agency shall perform the functions to protect information sovereignty, narrow the information divide and satisfy citizens' right to know. |
| (2) | The Yonhap News Agency shall carry out the following duties to maintain its status and perform its functions prescribed in paragraph (1): <Amended by Act No. 13924, Jan. 27, 2016> |
| 1. | Provision of news, data, pictures, etc. to the State and other public institutions, Korean and foreign news media, companies, individuals, etc.; |
| 2. | Provision of news, data, pictures, etc. to foreign major public institutions, news media, companies, organizations, etc. in English or in other important foreign languages prescribed by Presidential Decree; |
| 3. | Provision of news, data, pictures, etc. to colleges, universities, public libraries, non-profit social organizations, etc.; |
| 4. | Business prescribed by its articles of association; |
| 5. | Overseas news reports the State requires in connection with international relations, cultural exchanges and protection of overseas Koreans; |
| 7. | Other duties entrusted by the Government; |
| 8. | Business incidental to the duties prescribed in subparagraphs 1 through 7. |
| (3) | The Yonhap News Agency shall have personnel and materials necessary for performing the functions of the national key news agency. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| (1) | The location of the main office of the Yonhap News Agency shall be prescribed by its articles of association. |
| (2) | The Yonhap News Agency may establish branch offices in Korea and overseas, as prescribed by its articles of association, if necessary for performing its duties. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 12 (Capital and Shares) |
| (1) | The capital of the Yonhap News Agency shall be as stipulated by its articles of association. |
| (2) | The types of shares, total number of shares and value per share of the Yonhap News Agency shall be prescribed by its articles of association. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 13 (Approval of Amendments, etc. to Articles of Association) |
| (1) | Where the Yonhap News Agency intends to amend its articles of association or capital, it shall obtain approval from the Korea News Agency Commission (hereinafter referred to as the "Commission") prescribed in Article 23 (1). |
| (2) | Where the Yonhap News Agency intends to be merged with another news agency or dissolve itself, it shall obtain approval from the Commission. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 14 (Appointment, etc. of Executive Officers) |
| (1) | The Yonhap News Agency shall have executive officers consisting of one representative director, five or less directors and one auditor. |
| (2) | A person recommended by the Commission shall be appointed as a representative director by a resolution of the board of directors of the Yonhap News Agency. |
| (3) | A person recommended by the Commission shall be appointed as a director or the auditor at a general meeting of stockholders. |
| (4) | The term of office of an executive officer shall be three years: Provided, That the term of office of an executive filling a vacancy shall be the remaining term of office of his/her predecessor. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 15 (Duties of Executive Officers) |
| (1) | The representative director shall represent the Yonhap News Agency and administer the overall duties of the Yonhap News Agency. |
| (2) | Directors shall take partial charge of duties of the Yonhap News Agency, as determined by the board of directors, and when the representative director fails to perform his/her duties due to unavoidable grounds, the directors shall act for him/her in the order prescribed in the articles of association. |
| (3) | The auditor shall audit matters concerning the duties and accounting of the Yonhap News Agency. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 16 (Grounds for Disqualification of Executive Officers) |
Article 9 shall apply mutatis mutandis to executive officers of the Yonhap News Agency. [This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 17 (Board of Directors) |
| (1) | The board of directors shall be established in the Yonhap News Agency to decide the principal matters of the Yonhap News Agency, and the board of directors shall be comprised of directors, including the representative director. |
| (2) | The auditor may appear at the board of directors to state his/her opinions. |
| (3) | Except as otherwise prescribed in paragraphs (1) and (2), matters necessary for the operation, etc. of the board of directors shall be prescribed by the articles of association. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 18 (Obligations of Executive Officers and Employees in Performance of Duties) |
| (1) | No executive officer or employee shall engage in duties pursuing commercial purposes besides his/her duties. |
| (2) | No current or former executive officer or employee shall divulge confidential information he/she has learned in the course of performing his/her duties. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 18-2 (Protection of Rights and Interests of Customers) |
| (1) | The Yonhap News Agency shall allow recipients to participate in making decisions for editing or production of news reports and shall endeavor to reflect the interests of customers in the basic directions of editing and production faithfully. |
| (2) | The Yonhap News Agency shall establish the Committee for Rights and Interests of Recipients which is an advisory body for the protection of rights and interests of recipients, and may hold meetings for the protection of recipientsat least once a month to reflect the outcomes thereof in editing and production. |
| (3) | The meetings of the Committee for Rights and Interests of Recipients prescribed in paragraph (2) shall be open to the public in principle, but may not be open to the public if the Committee for Rights and Interests of Recipients decides so, when necessary, and matters concerning the organization and operation thereof shall be prescribed by the articles of association of the Yonhap News Agency. |
| (4) | The Yonhap News Agency shall not conclude, extend or terminate subscription contracts contrary to recipients' will, nor commit acts of unfair transaction. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 18-3 (Independence of Editorial Rights) |
| (1) | The Yonhap News Agency may establish the Editorial Committee. |
| (2) | The Editorial Committee shall be comprised of editors representing the Yonhap News Agency and editors representing employees engaging in the activities of news coverage and production, as prescribed by Presidential Decree. |
| (3) | Detailed matters concerning the organization, operation and evaluation of the Editorial Committee shall be prescribed by the Editorial Rules. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 19 (Conclusion, etc. of News Information Subscription Contracts) |
| (1) | Where the Government enters into a subscription contract prescribed in Article 6 (3) with the Yonhap News Agency, it shall determine terms and conditions of sale, such as subscription fees, in consideration of the amount of sales, price increase rate, economic growth rate, etc. |
| (2) | The Minister of Culture, Sports and Tourism may conclude the contracts prescribed in paragraph (1) at a time on behalf of the Government. In such cases, the contract term shall be two years, on condition that the Government amends subscription fees or rates in the year following the year in which the contract is concluded, in consideration of the price increase rate and the economic growth rate. |
| (3) | Matters necessary for details, procedures for conclusion, etc. of contracts prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 20 (Allocation, etc. of Costs Incurred from Entrusted Duties) |
The Government may bear all or some of costs incurred in performing the duties prescribed in Article 10 (2) 3, 5 and 6, duties entrusted to the Yonhap News Agency under subparagraph 7 of the same paragraph and business necessary to narrow the information divide due to the changing media environment within budgetary limits or provide loans from Government funds for such costs. [This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 21 (Management Goals, Operation Plans and Budget) |
| (1) | The representative director of the Yonhap News Agency shall set mid- to long-long term management goals spanning not less than three fiscal years, including the following year (hereinafter referred to as "management goals"), taking into consideration the working and managerial environment of the Yonhap News Agency, and submit such goals to the Commission by no later than October 31 of each year after undergoing a resolution of the board of directors. |
| (2) | The representative director shall formulate an annual operation plan for the Yonhap News Agency based on the management goals after undergoing a deliberation and resolution of the board of directors. |
| (3) | The representative director shall compile a budget based on the operation plan for the relevant year prescribed in paragraph (2). In such cases, he/she shall undergo a deliberation and resolution of the board of directors in advance. |
| (4) | The representative director shall submit a finalized operation plan to the Commission, and submit a budget compiled under paragraph (3) to the Commission to obtain approval from the Commission therefor. The same shall apply to cases where an operation plan prescribed in paragraph (2) is revised after a budget is approved, or a budget prescribed in paragraph (3) is revised in extenuating circumstances. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 22 (Settlement of Accounts and Management Performance Reports) |
| (1) | The representative director of the Yonhap News Agency shall finalize and announce the settlement of accounts approved by the Commission after undergoing a deliberation and resolution of the board of directors, within three months after the end of each fiscal year. |
| (2) | The representative director shall prepare a report stating the performance of management of the preceding year (hereinafter referred to as "management performance report") and submit it to the Commission by no later than March 31 of each year. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
CHAPTER IV KOREA NEWS AGENCY COMMISSION
| Article 23 (Establishment, etc.) |
| (1) | The Korea News Agency Commission shall be established to promote news communications and realize the public responsibilities thereof and secure the independence and fairness of the Yonhap News Agency. |
| (2) | The Commission shall be a corporation. |
| (3) | The location of the main office of the Commission shall be prescribed by its articles of association. |
| (4) | The Commission shall be established upon registration for its incorporation in the location of its main office. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 24 (Articles of Association) |
| (1) | The articles of association of the Commission shall include the following: |
| 3. | Location of the main office; |
| 4. | Matters concerning the board of directors; |
| 5. | Matters concerning executive officers and employees; |
| 6. | Matters concerning duties and the execution thereof; |
| 7. | Matters concerning the news agency promotion fund prescribed in Article 32; |
| 8. | Matters concerning property and accounting; |
| 9. | Matters concerning methods of giving public announcement; |
| 10. | Matters concerning the amendments to the articles of association. |
| (2) | When the Commission intends to amend its articles of association, it shall obtain authorization from the Minister of Culture, Sports and Tourism. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
The Commission shall perform the following duties:
| 1. | Research and academic projects for the development of news communications; |
| 2. | Operation and management of the news agency promotion fund prescribed in Article 32; |
| 3. | Matters concerning supervision over the management of the Yonhap News Agency; |
| 4. | Recommendation of representative directors, directors and auditor of the Yonhap News Agency; |
| 5. | Matters concerning independence and public responsibilities of the Yonhap News Agency; |
| 6. | Approval of the budget and settlement of accounts of the Yonhap News Agency; |
| 7. | Other matters prescribed as duties or authority of the Commission by this Act or other Acts; |
| 8. | Other public projects; |
| 9. | Duties incidental to the duties prescribed in subparagraphs 1 through 8. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 26 (Executive Officers) |
| (1) | The Commission shall have executive officers consisting of seven directors, including one representative director and one auditor. The term of office of an executive officer shall be three years and they may be reappointed consecutively on one occasion only. |
| (2) | When a vacancy occurs in executive officer's office, a new executive officer to fill such vacancy shall be appointed within 30 days from the date of occurrence of such vacancy, as prescribed in paragraphs (4) through (6). The term of office of an executive officer filling a vacancy shall be the remaining term of office of his/her predecessor. |
| (3) | Any executive officer whose term of office has expired shall perform his/her duties until his/her successor is appointed. |
| (4) | The President of the Republic of Korea shall appoint directors, taking into account expertise in news reports and representativeness of each area of the press, on condition that three of the directors be persons recommended by the Speaker of the National Assembly in consultation with representative members of each negotiation body and two of the directors be persons recommended by a national organization representing the publishers of daily newspapers and by a national organization representing terrestrial broadcasting business entities, respectively. |
| (5) | The chief director shall be elected from among the members of the board of directors. |
| (6) | The chief director shall appoint an auditor through a resolution of the board of directors. |
| (7) | Executive officers, excluding the chief director, shall be non-standing. |
| (8) | The Commission may reimburse actual expenses, such as expenses incurred in performing duties, to executive officers, as prescribed by the articles of association. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 27 (Duties of Executive Officers) |
| (1) | The chief director shall represent the Commission and administer the overall duties thereof. |
| (2) | When the chief director is unable to perform his/her duties in extenuating circumstances, a director senior in age shall act for him/her. |
| (3) | The chief director may attend the National Assembly and state his/her opinions on administrative affairs under his/her jurisdiction, and shall, when requested by the National Assembly, attend the National Assembly to report or answer to questions. |
| (4) | The auditor shall audit the duties and accounting of the Commission. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 28 (Grounds for Disqualification of Executive Officers) |
Article 9 shall apply mutatis mutandis to the executive officers of the Commission. [This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 29 (Organization, etc. of Board of Directors) |
| (1) | A board of directors shall be established in the Commission to deliberate and pass resolutions on important matters concerning the Commission. |
| (2) | The board of directors shall be comprised of directors, including a chief director. |
| (3) | The chief director shall convene meetings of the board of directors and preside over the meetings: Provided, That when a majority of all incumbent directors requests to convene a meeting of the board of directors, the chief director shall convene a meeting of the board of directors without delay. |
| (4) | The board of directors shall pass resolutions with the attendance of not less than two-thirds of all incumbent directors and the consent of a majority of those present: Provided, That when the board of directors recommends the representative director of the Yonhap News Agency, it shall pass a resolution with the consent of not less than two-thirds of all incumbent directors. |
| (5) | The auditor may attend meetings of the board of directors and state his/her opinions. |
| (6) | Meetings of the board of directors shall be open to the public: Provided, That the same shall not apply to cases where the board of directors passes a resolution otherwise as necessary. |
| (7) | The board of directors shall prepare the minutes of meetings, as prescribed by the articles of association. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 30 (Functions of Board of Directors) |
The board of directors shall deliberate and pass resolutions on the following matters:
| 1. | Budgeting, financial planning and settlement of accounts; |
| 2. | Acquisition and disposition of basic properties; |
| 3. | Enactment, amendments and repeal of provisions prescribed by the articles of association; |
| 4. | Amendments to the articles of association; |
| 5. | Matters prescribed in the subparagraphs of Article 25; |
| 6. | Other matters deemed necessary by the board of directors. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| (1) | A secretariat shall be established in the Commission to handle the administrative affairs of the Commission. |
| (2) | The secretariat shall have one director general and necessary employees. |
| (3) | The chief director shall appoint the director general with the consent of the board of directors. |
| (4) | The chief director shall appoint or dismiss employees, excluding the director general of the secretariat, as prescribed by the articles of association. |
| (5) | Matters necessary for the operation, etc. of the secretariat shall be prescribed by the articles of association. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 32 (News Agency Promotion Fund) |
| (1) | A News Agency Promotion Fund (hereinafter referred to as "Fund") shall be created in the Commission to be appropriated for funds necessary for the operation and performance of duties of the Commission. |
| (2) | The Fund may be raised by the following finances: |
| 1. | Surplus dividends of the Yonhap News Agency invested by the Commission; |
| 2. | Contributions prescribed in paragraph (3); |
| 3. | Property contributed by the Government, corporations, organizations or individuals; |
| 4. | Profits from the operation of the Fund; |
| (3) | The Yonhap News Agency shall contribute an amount prescribed by Presidential Decree within 10/100 of its operating profits as of the settlement of accounts of the relevant year to the Fund as finances of the Fund. |
| (4) | The Fund shall be used for the following duties and business: |
| 1. | Support for the duties prescribed in Article 10 (2) 5 and 6 and duties the Government entrusts to the Yonhap News Agency under subparagraph 7 of the same paragraph; |
| 2. | Projects prescribed in subparagraphs 1, 8 and 9 of Article 25; |
| 3. | Other projects deliberated and resolved on by the board of directors as deemed necessary for the development of news communications agencies. |
| (5) | Matters necessary for the operation and management of the Fund shall be prescribed by the articles of association. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 32-2 (Evaluation of Management Performance, etc.) |
| (1) | The Commission shall evaluate the management performance of the Yonhap News Agency for the preceding year on the basis of the objectives of management submitted under Article 21 (1) and the report on the management performance submitted under Article 22 (2). |
| (2) | The Commission shall finish the evaluation under paragraph (1) by no later than June 30 of each year and report the result thereof to the National Assembly and the Minister of Culture, Sports and Tourism. |
| (3) | Matters necessary for the evaluations of the management performance shall be prescribed by the articles of association. |
[This Article Newly Inserted by Act No. 9755, Jun. 9, 2009]
| Article 33 (Submission of Budget Bills and Balance Sheets) |
| (1) | The Commission shall submit the respective budget bills of each fiscal year of the Commission and the Yonhap News Agency to the National Assembly and to the Ministry of Culture, Sports and Tourism prior to the commencement of the relevant fiscal year. The same shall apply to revisions to budget bills. |
| (2) | The Commission shall submit the respective balance sheets of the preceding fiscal year of the Commission and the Yonhap News Agency to the National Assembly and to the Ministry of Culture, Sports and Tourism within three months after the end of each fiscal year. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
CHAPTER IV-II SUPPLEMENTARY PROVISION
| Article 33-2 (Re-examination of Regulation) |
The Minister of Culture, Sports and Tourism shall examine the appropriateness of the reasons for disqualification of the representative director or editor of a news communications business entity under Article 9 (1) every three years, counting from January 1, 2017 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements. [This Article Newly Inserted by Act No. 15060, Nov. 28, 2017]
CHAPTER V PENALTY PROVISIONS
| Article 34 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 20 million won:
| 1. | A person who obtains registration or registration for revision prescribed in Article 8 (1) by false or other unjust means, or a person who runs news communications business without registration or registration for revision; |
| 3. | A person who runs news communications business, in violation of an order for suspension of business or disposition of revocation of registration prescribed in Article 9-3 (1), (2) or (5); |
| 4. | A person who establishes a branch office or branch of a foreign news agency in Korea or overseas without registration prescribed in Article 9-5 (1). |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 35 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding ten million won:
| 1. | A person falling under any subparagraph of Article 9 (1), who is appointed as a representative director or editor; |
| 2. | A person who appoints a person falling under any subparagraph of Article 9 (1) as a representative director or editor. |
[This Article Wholly Amended by Act No. 10585, Apr. 14, 2011]
| Article 36 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or other persons employed by, the corporation or an individual commits any violation under Articles 34 and 35, in conducting the business affairs of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine under the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. [This Article Wholly Amended by Act No. 9214, Dec. 26, 2008]
| Article 37 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine of not exceeding 20 million won: |
| 1. | A person who fails to submit documents within a period specified in Article 9 (5); |
| 2. | A person who fails to submit documents, after receiving a request to submit documents under Article 15 (8) of the Act on the Guarantee of Freedom and Functions of Newspapers, Etc, as applied mutatis mutandis in Article 7; |
| 3. | A person who fails to indicate or publish matters to be indicated necessarily pursuant to Article 9-2. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. |
| (3) | through (5) Deleted. <by Act No. 9755, Jun. 9, 2009> |
[This Article Newly Inserted by Act No. 8738, Dec. 21, 2007]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after date of its promulgation: Provided, That the provisions on the News Agency Promotion Commission shall enter into force on the date on which the News Agency Promotion Commission becomes the largest shareholder of the Yonhap News Agency under Article 5 of the Addenda, and a general meeting of stockholders exercises the authority on behalf of the News Agency Promotion Commission under Articles 13, 14, 21 and 22 until such date. Article 2 Deleted. <by Act No. 9755, Jun. 9, 2009>
Article 3 (Transitional Measures concerning Registration of News Communications)
Article 4 (Transitional Measures concerning Yonhap News Agency)
The Yonhap News Co. as at the time this Act enters into force shall be deemed the Yonhap Yews Agency under this Act.
Article 5 (Preparation for Establishment of News Agency Promotion Commission)
| (1) | The Yonhap News Agency shall hold a general meeting of stockholders after the promulgation of this Act, without delay, and appoint five or less incorporators to establish the News Agency Promotion Commission. |
| (2) | Incorporators shall formulate the articles of association, without delay, and obtain approval from the Minister of Culture, Sports and Tourism. |
| (3) | When incorporators obtain approval under paragraph (2), they shall obtain registration of incorporation of the News Agency Promotion Commission by joint signatures, without delay, and transfer affairs to a chief director. |
| (4) | When the transfer of affairs under paragraph (3) is completed, incorporators shall be deemed dismissed. |
| (5) | Expenses incurred in establishing the News Agency Promotion Commission shall be paid by the Yonhap News Agency. |
Article 6 Omitted.
ADDENDA <Act No. 7369, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7655, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 8738, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Registration of News Communications) News communications agencies registered under the previous Act on Promotion of News Communications as at the time this Act enters into force shall be deemed registered under this Act. |
| (3) | (Transitional Measures concerning Matters to be Registered for News Communications) Trade names registered under the previous Act on Promotion of News Communications as at the time this Act enters into force shall be deemed titles registered under this Act. |
| (4) | (Transitional Measures concerning Establishment of Domestic Branch Office of Foreign News Communications Agencies) A domestic branch office or district office of a foreign news communications agency, which has obtained approval under the previous Act on Promotion of News Communications as at the time this Act enters into force, shall be deemed registered under this Act. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9214, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9755, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 of Addenda to the Act on Promotion of News Communications, Act No. 6905 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Setting Management Goals, Reports on and Evaluation of Management Performance)
| (1) | The amended provisions of Article 21 (1) shall apply beginning with the management goals for period including the year following the year in which this Act enters into force. In such cases, the deadline of the first submission of objectives of management may be decided otherwise by mutual consultation between the Yonhap News Agency and the Commission. |
| (2) | The amended provisions of Articles 22 (2) and 32-2 shall apply beginning with the first management performance under the management goals which the Yonhap News Agency submits to the Commission after this Act enters into force. |
ADDENDA <Act No. 9785, Jul. 31, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 10585, Apr 14, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13854, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13924, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14628, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Disqualifications of Persons under Adult Guardianship, etc.)
Notwithstanding the amended provisions of Article 9 (1) 8, the previous provisions shall apply to persons who have been adjudged incompetent or quasi-incompetent at the time this Act enters into force and against whom the effect of the adjudication of incompetency or quasi-incompetency remains valid pursuant to Article 2 of the Addenda of the Civil Act partially amended by Act No. 10429.
ADDENDUM <Act No. 15060, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.