ENFORCEMENT DECREE OF THE ACT ON THE DEVELOPMENT OF EXHIBITION INDUSTRY
Presidential Decree No. 21009, Sep. 18, 2008
Amended by Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21676, Aug. 6, 2009
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26462, Aug. 3, 2015
Presidential Decree No. 27383, Jul. 26, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28521, Dec. 29, 2017
| Article 2 (Types and Scales of Exhibitions) |
"Which meet the criteria for the type and scale prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on the Development of Exhibition Industry (hereinafter referred to as the "Act") means any of the following exhibitions: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26462, Aug. 3, 2015> | 1. | An exhibition registered with or approved by the general meeting of the Bureau International des Expositions in accordance with the Convention Relating to International Exhibitions; |
| 2. | Any of the following permanent or non-permanent exhibitions: |
| (a) | The indoor and outdoor exhibition area thereof shall be at least 2,000 square meters; |
| (b) | At least 100 foreign buyers shall have registered to participate in the exhibition; |
| 3. | Among other permanent or non-permanent exhibitions meeting any of the following requirements deemed necessary by the Minister of Trade, Industry and Energy to develop the exhibition industry at the request of an exhibition organizer under subparagraph 5 (b) of Article 2 of the Act: |
| (a) | The indoor and outdoor exhibition area thereof shall be at least 1,000 square meters; |
| (b) | The exhibition shall provide at least ten exhibition booths. |
| Article 3 (Types and Scales of Exhibition Facilities) |
"Which meet the criteria for the type and scale prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means any of the following exhibition facilities: <Amended by Presidential Decree No. 26462, Aug. 3, 2015> | 1. | Facilities necessary to hold an exhibition: Facilities whose area to hold the exhibition is at least 2,000 square meters (including both indoor and outdoor facilities); |
| 2. | Facilities necessary to hold events accompanied with an exhibition: A banquet hall, performance facility, venues for meetings, venues for presentations, etc. to hold events accompanied with the exhibition; |
| 3. | Related ancillary facilities: Convenient facilities for accommodation, food service, sale, rest, etc. ancillary to facilities under subparagraphs 1 and 2 (including convenient facilities temporarily operated within the exhibition hall where the exhibition is held). |
| Article 4 (Formulation and Implementation of Exhibition Industry Development Plan) |
| (1) | The Minister of Trade, Industry and Energy shall formulate and implement an exhibition industry development plan (hereinafter referred to as "development plan") every five years pursuant to Article 3 (1) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | Where the Minister of Trade, Industry and Energy deems it necessary to formulate a development plan, he/she may request the heads of related central administrative agencies to provide cooperation or may hear the opinion of an institution in charge of programs to develop the exhibition industry (hereinafter referred to as "implementing authority"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 5 (Implementing Authority of Exhibition Industry Development Projects) |
"Any other legal entity or organization specified by Presidential Decree" in Article 4 (1) 8 of the Act means the following entities or organizations: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26462, Aug. 3, 2015> | 1. | The Korea International Trade Association (hereinafter referred to as the "Korea International Trade Association") established with the permission of the Minister of Trade, Industry and Energy pursuant to Article 32 of the Civil Act; |
| 2. | The Association of Korea Exhibition Industry (hereinafter referred to as the "Association of Korea Exhibition Industry") established with the permission of the Minister of Trade, Industry and Energy pursuant to Article 32 of the Civil Act; |
| 3. | Deleted; <by Presidential Decree No. 26462, Aug. 3, 2015> |
| 4. | Corporations or organizations the Minister of Trade, Industry and Energy directly deems necessary for specialization of the exhibition industry or at the request of the heads of related central administrative agencies. |
| Article 6 (Procedures, etc. for Selecting Implementing Authority) |
| (1) | An agency, corporation or organization that intends to be selected as an implementing authority pursuant to Article 4 (1) of the Act shall file an application prescribed by Ordinance of the Ministry of Trade, Industry and Energy with the Minister of Trade, Industry and Energy along with the following documents: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26462, Aug. 3, 2015> |
| 1. | A plan (hereinafter referred to as "project plan") for the project for development of the exhibition industry (hereinafter referred to as "exhibition industry development project"); |
| 2. | Results achieved concerning the exhibition industry development projects (hereinafter referred to as "project results"); |
| 3. | Data that may prove the ability to implement programs, such as the ability to raise funds and the current status of the possession of professionals (limited to cases where it fails to submit project results under subparagraph 2). |
| (2) | In receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall examine the project plan and project results submitted by a person who intends to be selected as an implementing authority (where the person submits data under paragraph (1) 3, referring to the relevant data) and determine whether he/she selects the persons as an implementing authority, and notify the relevant agency, corporation or organization that has filed an application of the result thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26462, Aug. 3, 2015> |
| (3) | Where the Minister of Trade, Industry and Energy revokes the selection of an implementing authority pursuant to Article 4 (2) of the Act, he/she shall notify the relevant agency, corporation or organization of the revocation thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 7 (Procedures, etc. for Granting Subsidies) |
| (1) | An implementing authority intending to receive subsidies pursuant to Article 4 (3) of the Act shall file an application prescribed by Ordinance of the Ministry of Trade, Industry and Energy with the Minister of Trade, Industry and Energy along with a project plan. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | In receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall examine the project plan submitted by an implementing authority and determine whether to grant subsidies, and notify the relevant implementing authority of the his/her determination. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 8 (Use and Management of Subsidies) |
| (1) | In receipt of subsidies pursuant to Article 4 (3) of the Act, an implementing authority shall establish and manage a separate account for such subsidies. |
| (2) | No subsidy under paragraph (1) shall be used for the purpose other than the purpose of programs to develop the exhibition industry. |
| (3) | An implementing authority shall report the results of the use of subsidies under paragraph (1) to the Minister of Trade, Industry and Energy once a year, as prescribed and publicly notified by him/her. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (4) | Deleted. <by Presidential Decree No. 28521, Dec. 29, 2017> |
| Article 9 (Establishment and Operation of Committee for Consultation on Development of Exhibition Industry) |
| (1) | The Minister of Trade, Industry and Energy shall appoint the chairperson of the Committee for Consultation on Development of Exhibition Industry under Article 5 of the Act (hereinafter referred to as the "Consultative Committee") from among public officials belonging to the Senior Executive Service of the Ministry of Trade, Industry and Energy, and appoint the members thereof from among the following persons: <Amended by Presidential Decree No. 27383, Jul. 26, 2016> |
| 1. | From among public officials belonging to the Senior Executive Service of related central administrative agencies, persons recommended by the head of the relevant agency; |
| 2. | From among Vice Mayors of the Special Metropolitan City, Metropolitan Cities and Special Self-governing Cities or Vice Governors of Dos and the Special Self-governing Province, persons recommended by the relevant Mayor or Do Governor. |
| (2) | Deleted. <by Presidential Decree No. 27383, Jul. 26, 2016> |
| (3) | The Consultative Committee shall have one administrative secretary to conduct its affairs, and a person designated by the chairperson from among public officials belonging to the Ministry of Trade, Industry and Energy shall serve as the administrative secretary. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27383, Jul. 26, 2016> |
| (4) | The chairperson shall convene meetings of the Consultative Committee, hold meetings when a majority of the incumbent members are present, and pass resolutions with the concurrence of a majority of the members present. <Amended by Presidential Decree No. 27383, Jul. 26, 2016> |
| (5) | In addition to matters provided for in paragraphs (1) through (4), matters necessary to operate the Consultative Committee shall be prescribed by the chairperson through a resolution adopted by the Consultative Committee. <Amended by Presidential Decree No. 27383, Jul. 26, 2016> |
| Article 10 (Operation of Advisory Group) |
| (1) | Relevant experts of an advisory group (hereinafter referred to as the "advisory group") under Article 5 (3) of the Act shall provide advice and suggestions on professional and technical matters of items of business to be taken up during the meeting of the Consultative Committee. |
| (2) | The Consultative Committee may require relevant experts of an advisory group to attend its meetings to hear their opinions. |
[This Article Wholly Amended by Presidential Decree No. 27383, Jul. 26, 2016]
| Article 11 Deleted. <by Presidential Decree No. 26462, Aug. 3, 2015> |
| Article 12 (Prior Consultation on Plan to Build Exhibition Facilities) |
Where an implementing authority requests the Minister of Trade, Industry and Energy to hold consultations on the plan to build exhibition facilities pursuant to Article 11 (1) of the Act, he/she shall submit the plan to build exhibition facilities to the Consultative Committee for it to discuss such plan at its meeting, and complete consultations within 90 days based on the result of the discussion thereof: Provided, That in extenuating circumstances due to disagreements with related agencies, the period of consultation may be extended for 30 days. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27383, Jul. 26, 2016>
| Article 13 Deleted. <by Presidential Decree No. 26462, Aug. 3, 2015> |
| Article 14 (Support, etc. for Exhibition Industry) |
| (1) | Where the Minister of Trade, Industry and Energy provides support for the development of the exhibition industry pursuant to Article 21 (1) of the Act, he/she shall formulate and publicly announce a plan to support the exhibition industry (hereinafter referred to as "support plan"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall examine the ability to implement projects, the project plan, the project results, etc. of a person who intends to receive support in accordance with the support plan, and determine whether to provide support and the extent of support. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | A person who receives support pursuant to paragraph (2) shall establish and manage a separate account for subsidies, and report the results of the use thereof to the Minister of Trade, Industry and Energy once a year, as prescribed and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (4) | Where the Minister of Trade, Industry and Energy withdraws subsidies pursuant to Article 21 (2) of the Act, he/she shall withdraw subsidies in the same manner as national taxes are collected. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (5) | In addition to matters provided for in paragraphs (1) through (4), detailed matters necessary to provide support for the exhibition industry and to withdraw subsidies shall be prescribed and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 15 (Criteria, etc. for Evaluating Exhibitions) |
| (1) | Deleted. <by Presidential Decree No. 26462, Aug. 3, 2015> |
| (2) | Where the Minister of Trade, Industry and Energy operates an evaluation system pursuant to Article 22 (1) of the Act, he/she shall evaluate exhibitions according to a composite index calculated by integrating the level of goal achievement, the level of customer satisfaction, etc. <Amended by Presidential Decree No. 26462, Aug. 3, 2015> |
| (3) | Detailed matters concerning detailed criteria of a composite index for evaluating exhibitions, procedures and methods for evaluation, etc. shall be prescribed and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 16 (Financial and Administrative Support) |
The Government may take necessary financial and administrative support measures for the following pursuant to Article 23 (2) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> | 1. | Creation of facilities related to the exhibition industry; |
| 2. | Informatization projects related to the exhibition industry; |
| 3. | Training of professionals in exhibitions; |
| 4. | Internationalization of and international cooperation in exhibitions; |
| 5. | Matters announced by the Minister of Trade, Industry and Energy because he/she deems it necessary to provide support for the development of the exhibition industry, such as the standardization of the exhibition industry and the discovery of prospective exhibitions. |
| Article 17 Deleted. <by Presidential Decree No. 26462, Aug. 3, 2015> |
| Article 18 (Lease and Sale of State Land or Public Land) |
| (1) | "Persons prescribed by Presidential Decree among legal entities or organizations under subparagraph 8" in Article 26 (1) of the Act means any of the following legal entities or organizations: <Amended by Presidential Decree No. 26462, Aug. 3, 2015> |
| 1. | The Korea International Trade Association; |
| 2. | The Association of Korea Exhibition Industry; |
| 3. | An implementing authority which intends to build exhibition facilities or has built and operates exhibition facilities in accordance with a plan to build exhibition facilities under Article 11 of the Act (referring to an implementing authority selected from among corporations or organizations under Article 5 (4)). |
| (2) | Where the head of a central administrative agency, etc. under subparagraph 11 of Article 2 of the State Property Act intends to permit an implementing authority under paragraph (1) 3 to use or make profits from state property, or to lend or sell state property to the implementing authority under a private contract pursuant to Article 26 (1) of the Act, he/she shall consult in advance with the agency exercising overall control under subparagraph 10 of Article 2 of the State property Act. <Newly Inserted by Presidential Decree No. 26462, Aug. 3, 2015> |
| Article 19 (Entrustment of Affairs) |
| (1) | The Minister of Trade, Industry and Energy may entrust affairs concerning market surveys and demand surveys on the exhibition industry under Article 6 of the Act to any of the following agencies, legal entities or organizations pursuant to Article 28 (1) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27383, Jul. 26, 2016> |
| 1. | The Association of Korea Exhibition Industry; |
| 4. | An institution, corporation or organization designated and publicly notified by the Minister of Trade, Industry and Energy from among institutions, corporations or organizations deemed to specialize in market surveys and request surveys on the exhibition industry. |
| (2) | Deleted. <by Presidential Decree No. 26462, Aug. 3, 2015> |
| (3) | The Minister of Trade, Industry and Energy may entrust affairs concerning the training of professionals in the exhibition industry under Article 12 of the Act to the following legal entities or organization pursuant to Article 28 (1) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | The Korea International Trade Association; |
| 2. | The Association of Korea Exhibition Industry; |
| 3. | The Korea Trade-Investment Promotion Agency. |
| (4) | The Minister of Trade, Industry and Energy may entrust affairs concerning the promotion of distribution and the management of information on the exhibition industry, such as collecting, analyzing and processing information on the exhibition industry under Article 13 of the Act, to the following legal entities or organizations pursuant to Article 28 (1) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | The Korea International Trade Association; |
| 2. | The Association of Korea Exhibition Industry; |
| 3. | The Korea Trade-Investment Promotion Agency. |
| (5) | The Minister of Trade, Industry and Energy may entrust affairs concerning the evaluation of exhibitions under Article 22 of the Act to the following corporation or organization pursuant to Article 28 (1) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26462, Aug. 3, 2015> |
| 1. | The Korea International Trade Association; |
| 2. | The Association of Korea Exhibition Industry; |
| 3. | The Korea Trade-Investment Promotion Agency. |
| (6) | The Minister of Trade, Industry and Energy may entrust affairs for the standardization of the exhibition industry under Article 18 of the Act to the following legal entities or organizations pursuant to Article 28 (1) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | The Korea International Trade Association; |
| 2. | The Association of Korea Exhibition Industry; |
| 3. | The Korea Trade-Investment Promotion Agency; |
| 4. | Deleted. <by Presidential Decree No. 26462, Aug. 3, 2015> |
| Article 19-2 Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016> |
| Article 20 Deleted. <by Presidential Decree No. 26462, Aug. 3, 2015> |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted).
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of Addenda, the amended provisions of Presidential Decrees which were promulgated before this Decree enters into force, the enforcement dates of which have not arrived, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26462, Aug. 3, 2015>
This Decree shall enter into force on August 4, 2015.
ADDENDUM <Presidential Decree No. 27383, Jul. 26, 2016>
This Decree shall enter into force on July 28, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.