ENFORCEMENT DECREE OF THE PUBLISHING INDUSTRY PROMOTION ACT
Presidential Decree No. 19963, Mar. 27, 2007
Amended by Presidential Decree No. 20473, Dec. 28, 2007
Presidential Decree No. 20676, Feb. 29, 2008
Presidential Decree No. 21769, Oct. 7, 2009
Presidential Decree No. 22076, Mar. 15, 2010
Presidential Decree No. 22208, jun. 15, 2010
Presidential Decree No. 22783, Mar. 30, 2011
Presidential Decree No. 23861, jun. 19, 2012
Presidential Decree No. 24020, Aug. 3, 2012
Presidential Decree No. 25474, Jul. 16, 2014
Presidential Decree No. 25734, Nov. 19, 2014
Presidential Decree No. 25853, Dec. 16, 2014
Presidential Decree No. 26923, Jan. 22, 2016
Presidential Decree No. 27428, Aug. 2, 2016
Presidential Decree No. 28601, Jan. 23, 2018
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 2 Deleted. <by Presidential Decree No. 20473, Dec. 28, 2007> |
| Article 3 (Records of Publications) |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 4 (Support, etc. for International Exchanges) |
| (1) | The activities eligible for support for activation of international exchanges under Article 6 of the Act shall be as follows: |
| 1. | Opening of and participation in international exhibitions related to domestic and foreign publishing; |
| 2. | International meetings or events related to publishing; |
| 3. | Overseas marketing of publications; |
| 4. | Publishing foreign-language versions of domestic publications; |
| 5. | Other promotions of international exchanges of publishing culture. |
| (2) | For projects eligible for support under paragraph (1), the Minister of Culture, Sports and Tourism may provide subsidies to help cover all or part of the associated costs within budget limits. |
| (3) | Where necessary for selecting those eligible for support under paragraph (1), the Minister of Culture, Sports and Tourism may hear from related specialists. |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 5 (Indication of ISBN/ISSN) |
Article 14 (3) of the Enforcement Decree of the Library Act shall govern the detailed matters related to methods, etc. of indicating ISBN/ISSN under Article 7 (2) of the Act. [This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 6 (Support, etc. for Modernization of Facilities and Distribution) |
| (1) | Projects eligible for support for modernizing facilities and distribution of the publishing company under Article 7 (3) of the Act shall be as follows: |
| 1. | Project related to the informatization of distribution of publications; |
| 2. | Project to improve the facilities related to the logistics of publications; |
| 3. | Project related to the improvement of logistics functions of book stores; |
| 4. | Other projects to lay the foundation for the publishing and distribution of publications. |
| (2) | For the projects eligible for support under paragraph (1), the Minister of Culture, Sports and Tourism may provide subsidies to help cover all or part of the costs incurred in carrying out such projects within budget limits. |
| (3) | Where necessary for selecting those eligible for support under paragraph (1), the Minister of Culture, Sports and Tourism may hear from related specialists. |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Articles 7 through 9 Deleted. <by Presidential Decree No. 23861, Jun. 19, 2012> |
| Article 10 (Chairperson, etc. of Publication Ethics Commission) |
| (1) | The chairperson of the Publication Ethics Commission under Article 17 of the Act (hereinafter referred to as the "Commission") shall represent the Commission and exercise overall control over its affairs. <Amended by Presidential Decree No. 23861, Jun. 19, 2012> |
| (2) | If the chairperson is unable to perform his/her duties due to inevitable reasons, the vice chairperson shall act on his/her behalf, and if both the chairperson and vice chairperson are unable to perform their duties, the next in seniority shall act on their behalf. |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 11 (Recommendation of Members of Commission) |
Where the Minister of Culture, Sports and Tourism commissions members of the Commission under Article 17 (4) of the Act, those juristic persons or organizations eligible to recommend the members of the Commission shall be as follows: <Amended by Presidential Decree No. 23861, Jun. 19, 2012> | 2. | The Korean Bar Association under the Attorney-at-Law Act and other agencies, organizations and associations related to laws; |
| 3. | Agencies, organizations and associations related to the press; |
| 4. | Agencies, organizations and associations related to foreign studies or foreign languages; |
| 5. | Organizations and associations related to the production or criticism of periodicals; |
| 6. | Organizations and associations related to the creation, production, distribution and criticism of a class of books (including comics); |
| 7. | Organizations and associations related to education; |
| 8. | Organizations and associations related to juveniles, females, religions and consumers, which perform fosterage and protection projects for juveniles; |
| 9. | Academies and specialized institutes related to the screening of publications; |
| 10. | Organizations and associations under which the autonomous screening system of publications is established; |
| 11. | Other agencies, organizations and associations related to culture and the arts, such as visuals and advertisements. |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 11-2 (Secretariat of Commission) |
| (1) | In order to handle the business affairs of the Commission, a secretariat shall be established under the Commission. |
| (2) | The secretariat shall have a secretary general, appointed by the president of the Publication Industry Promotion Agency of Korea under Article 16 of the Act (hereinafter referred to as the "Promotion Agency") from among the employees of the Promotion Agency. |
[This Article Newly Inserted by Presidential Decree No. 23861, Jun. 19, 2012]
| Article 12 (Scope of Publications Subject to Deliberation) |
"Publications prescribed by Presidential Decree" in subparagraph 1 of Article 18 of the Act means the following publications: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 23861, Jun. 19, 2012> | 2. | Publications presented for deliberation by the Minister of Culture, Sports and Tourism or the Ministry of Gender Equality and Family; |
| 3. | Publications selected by the Commission; |
| 4. | Publications referred by the agencies, organizations or 30 or more persons related to juvenile protection with their signatures to verify whether such publications are harmful to juveniles. |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 13 (Detailed Criteria for Deliberation on Harmfulness) |
Detailed criteria for deliberation on the harmfulness of publications under Article 19 (4) of the Act shall be specified in attached Table 1. [This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 13-2 (Scope of Publications Requiring Expert Opinions) |
[This Article Newly Inserted by Presidential Decree No. 23861, Jun. 19, 2012]
| Article 14 (Composition, Operation, etc. of Subcommittees by Field) |
| (1) | The subcommittees by field established under Article 20 (1) of the Act shall be comprised of up to ten members commissioned by the chairperson of the Commission after obtaining the consent of the Commission, from among its members and the specialists in relevant fields. <Amended by Presidential Decree No. 23861, Jun. 19, 2012> |
| (2) | The chairpersons of the subcommittees by field shall be commissioned by the chairperson of the Commission from among its members. <Amended by Presidential Decree No. 23861, Jun. 19, 2012> |
| (3) | The term of office of the members of the subcommittees by field shall be one year. <Amended by Presidential Decree No. 23861, Jun. 19, 2012> |
| (4) | The subcommittees by field shall deliberate on the matters delegated by the Commission as stipulated by the Commission Regulations. <Amended by Presidential Decree No. 23861, Jun. 19, 2012> |
| (5) | Deleted. <by Presidential Decree No. 23861, Jun. 19, 2012> |
| (6) | Details regarding the composition and operation of the Commission and the subcommittees by field shall be stipulated by the Commission Regulations. <Amended by Presidential Decree No. 23861, Jun. 19, 2012> |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 14-2 Deleted. <by Presidential Decree No. 27428, Aug. 2, 2016> |
| Article 14-3 (Approval of Business Plan, etc. and Submission of Business Records, etc.) |
| (1) | The Promotion Agency shall formulate and prepare a business plan and budget for the following year prior to the commencement of the following year, and submit them to the Minister of Culture, Sports and Tourism for approval. <Amended by Presidential Decree No. 23861, Jun. 19, 2012; Presidential Decree No. 27428, Aug. 2, 2016> |
| (2) | Any change of a business plan and budget, which have been approved pursuant to paragraph (1), shall require approval from the Minister of Culture, Sports and Tourism. |
| (3) | The Promotion Agency shall submit business records, closing statement and balance sheet to the Minister of Culture, Sports and Tourism by the end of February of the following year after the closing of each year. <Amended by Presidential Decree No. 23861, Jun. 19, 2012; Presidential Decree No. 27428, Aug. 2, 2016> |
[This Article Newly Inserted by Presidential Decree No. 22208, Jun. 15, 2010]
| Article 15 (Indication of Fixed Prices of Publications, etc.) |
| (1) | Publishing companies shall indicate fixed prices on the covers of publications as referred to in Article 22 (1) of the Act. |
| (2) | "Publishing date" in the former part of Article 22 (2) of the Act means the date of first printing of each edition: Provided, That this shall not apply to re-printing for minor changes, such as correction of errors and omissions. <Amended by Presidential Decree No. 22208, Jun. 15, 2010; Presidential Decree No. 23861, Jun. 19, 2012; Presidential Decree No. 25734, Nov. 19, 2014> |
| (3) | Where a publishing company intends to alter the fixed price of a publication for which 18 months have elapsed since its publishing date under Article 22 (2) of the Act, it shall notify the following matters to the Promotion Agency and the business entities or business organizations related to the distribution of the relevant publication not later than the fifteenth day of the month preceding the month in which the fixed price altered is intended to be applied: <Newly Inserted by Presidential Decree No. 25734, Nov. 19, 2014; Presidential Decree No. 28601, Jan. 23, 2018> |
| 1. | Matters concerning a publication whose fixed price is to be altered: |
| (a) | Title of the publication; |
| (c) | Author and translator; |
| (f) | An International Standard Book Number (ISBN) assigned under Article 14 of the Enforcement Decree of the Libraries Act (including additional numbers where they are issued along with an ISBN under the same Article): Provided, That in cases of electronic publications, ISBNs may be replaced by the content identifier specified in Article 23 of the Content Industry Promotion Act; |
| 2. | Matters concerning a change in a fixed price: |
| (a) | The current fixed price; |
| (b) | A changed fixed price; |
| (c) | Deleted. <by Presidential Decree No. 28601, Jan. 23, 2018> |
| (4) | Upon receipt of a notice under paragraph (3), the Promotion Agency shall post such notice on its website and inform the Chief Executive of National Library of Korea thereof. In such cases, with regard to electronic publications, it shall also notify an institution in charge of registering the content identifier referred to in Article 23 of the Content Industry Promotion Act. <Newly Inserted by Presidential Decree No. 25734, Nov. 19, 2014> |
| (5) | "Social welfare facilities" in Article 22 (6) 2 of the Act means social welfare foundations and social welfare facilities defined in subparagraphs 3 and 4 of Article 2 of the Social Welfare Services Act. <Amended by Presidential Decree No. 23861, Jun. 19, 2012; Presidential Decree No. 24020, Aug. 3, 2012; Presidential Decree No. 25734, Nov. 19, 2014> |
| (6) | "Publications prescribed by Presidential Decree" in Article 22 (6) 5 of the Act means any of the following publications: <Amended by Presidential Decree No. 23861, Jun. 19, 2012; Presidential Decree No. 25734, Nov. 19, 2014; Presidential Decree No. 26923, Jan. 22, 2016> |
| 1. | and 2. Deleted; <by Presidential Decree No. 25734, Nov. 19, 2014> |
| 3. | Publications published in foreign countries: Provided, That any publication published primarily for domestic sales is excluded; |
| 4. | Second-hand publications to be resold, which have been sold to end users for reading, learning, etc. other than for resale. |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 15-2 (Measures for Establishment of Orderly Distribution of Publications) |
| (2) | The Minister of Culture, Sports and Tourism shall entrust affairs under Article 23 (2) of the Act to the Promotion Agency pursuant to the former part of paragraph (3) of the aforesaid Article. |
[This Article Newly Inserted by Presidential Decree No. 25474, Jul. 16, 2014]
| Article 16 (Request for Cooperation for Collection or Discarding of Illegally Reproduced Publications, etc.) |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 16-2 (Payment, etc. of Rewards) |
| (2) | A reward under Article 25-2 of the Act shall be paid to a person who has reported or informed before any person who did an act referred to in Article 23 (1) 1 of the Act is discovered by a relevant administrative agency or investigative agency, limited to cases where a prosecutor decides to prosecute such reported or informed case or to stay the prosecution thereof. |
| (3) | No reward shall be paid to a person who has reported or informed the same offense after a report or information under Article 25-2 of the Act has been lodged. |
| (4) | Where at least two persons jointly lodge a report or information on the same offense, the relevant reward shall be evenly divided and paid thereto: Provided, That where persons to receive a reward have reached prior agreement on the method of division before the payment of the reward, such reward shall be paid as agreed thereby. |
| (5) | In addition to the matters provided for in paragraphs (1) through (4), matters regarding the payment of rewards shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted by Presidential Decree No. 25474, Jul. 16, 2014]
| Article 17 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Culture, Sports and Tourism shall, pursuant to Article 26 of the Act, delegate to the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") his/her authority over the imposition and collection of the following administrative fines: <Amended by Presidential Decree No. 22208, Jun. 15, 2010; Presidential Decree No. 23861, Jun. 19, 2012; Presidential Decree No. 25474, Jul. 16, 2014> |
| 1. | Deleted; <by Presidential Decree No. 23861, Jun. 19, 2012> |
| (2) | The Minister of Culture, Sports and Tourism shall entrust affairs concerning the payment of rewards under Article 25-2 of the Act to the Promotion Agency pursuant to Article 26 of the Act. <Newly Inserted by Presidential Decree No. 25474, Jul. 16, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
| Article 17-2 (Handling of Personally Identifiable Information) |
| 3. | Deleted. <by Presidential Decree No. 27428, Aug. 2, 2016> |
[This Article Newly Inserted by Presidential Decree No. 25853, Dec. 16, 2014]
| Article 17-3 (Re-Examination of Regulation) |
The Minister of Culture, Sports and Tourism shall examine the appropriateness of detailed criteria for deliberation on the harmfulness of publications under Article 13 and attached Table 1 every three years, counting from January 1, 2016 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. [This Article Newly Inserted by Presidential Decree No. 26923, Jan. 22, 2016]
| Article 18 (Criteria for Imposition of Administrative Fines) |
The criteria for imposing administrative fines under Article 28 (1) of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 23861, Jun. 19, 2012; Presidential Decree No. 25474, Jul. 16, 2014> [This Article Wholly Amended by Presidential Decree No. 22783, Mar. 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 27, 2003.
Article 2 (Repeal, etc. of other Acts and Subordinate Statutes)
Article 3 (Relationship with other Acts and Subordinate Statutes)
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18811, Apr. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19431, Mar. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2006.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 19963, Mar. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 5, 2007.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20473, Dec. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2008: Provided, That the amended provisions of Article 15 (2) and subparagraph 6 of attached Table 2 shall enter into force on the date of its promulgation.
Article 2 (Relationship with other Acts and Subordinate Statutes)
In cases where the former Enforcement Decree of Publication and Printing Promotion Act or its provisions are cited in other Acts and subordinate statutes at the time this Decree enters into force, if any corresponding provisions exists in this Decree, this Decree or the corresponding provisions in this Decree shall be deemed to have been cited, in lieu of previous provisions.
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21769, Oct. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22208, Jun. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 18, 2010.
Articles 2 (Applicability)
The amended provisions of Article 15 (2) shall begin to apply to the first publication printed after this Decree enters into force. Article 3 Omitted.
ADDENDA <Presidential Decree No. 22783, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | When applying the criteria for imposing administrative fines for offences committed before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of attached Table 2. |
| (2) | A disposition of imposition of an administrative fine for an offense committed before this Decree enters into force shall not be counted in the number of offences under the amended provisions of attached Table 2. |
ADDENDA <Presidential Decree No. 23861, Jun. 19, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 27, 2012: Provided, That the provisions concerning the Mayor of a Special Self-Governing Province among the amended provisions of Article 17 (1) shall enter into force on July 1, 2012. Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of subparagraph 2 (d) of attached Table 2, the previous provisions concerning criteria for imposing administrative fines shall apply to acts committed before this Act enters into force. |
| (2) | A disposition for the imposition of administrative fines issued against an act committed before this Act enters into force shall not be counted in the calculation of frequencies of violations under the amended provisions of subparagraph 2 (d) of attached Table 2. |
ADDENDA <Presidential Decree No. 24020, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25474, Jul. 16, 2014>
This Decree shall enter into force on July 29, 2014.
ADDENDUM <Presidential Decree No. 25734, Nov. 19, 2014>
This Decree shall enter into force on November 21, 2014.
ADDENDUM <Presidential Decree No. 25853, Dec. 16, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26923, Jan. 22, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27428, Aug. 2, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016.
Articles 2 Omitted.
ADDENDUM <Presidential Decree No. 28601, Jan. 23, 2018>
This Decree shall enter into force on the date of its promulgation.