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LITERATURE PROMOTION ACT

Act No. 13961, Feb. 3, 2016

Amended by Act No. 15814, Oct. 16, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the development of literature by supporting projects and activities for the promotion of literature and by promoting people’s activities related to the creation and enjoyment of literature.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "literature" means poems, novels or short stories, dramas, essays, criticisms, etc., which are artistic works expressing ideas or feelings ideas or feelings in a language;
2. The term "literary person" means a person who conducts activities related to the creation of literature;
3. The term "literary organization" means an organization which literary persons organize and operate to conduct literary activities;
4. The term "literature museum materials" means materials conforming to the standards prescribed by Presidential Decree, which are related to literature and literary persons;
5. The term "literature museum" means a facility meeting requirements for registration, such as literature museum materials, human resources and facilities under Article 21 (1), which collects, manages, preserves, conducts research and studies on, exhibits, gives publicity to and provides education on literature museum materials.
 Article 3 (Responsibilities of State and Local Governments)
(1) The State and local governments shall devise policies on the promotion of literature, and endeavor to encourage, protect and foster activities of people related to the creation and enjoyment of literature.
(2) Policies to promote literature under paragraph (1) shall include matters concerning the development and dissemination of living culture for the qualitative improvement of the lives of people.
(3) The State and local governments shall endeavor to take budgetary measures necessary to fulfill their responsibilities prescribed in paragraph (1).
 Article 4 (Relationship to other Acts)
Except as otherwise provided for in other Acts, this Act shall apply to the promotion of literature.
 Article 5 (Formulation, Implementation, etc. of Master Plan for Promotion of Literature)
(1) The Minister of Culture, Sports and Tourism shall formulate and implement a master plan for the promotion of literature (hereinafter referred to as "master plan") every five years after hearing opinions of the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-governing City Mayors, Do Governors, and Special Self-governing Province Governors (hereinafter referred to as "Mayor/Do Governor") for the promotion of literature.
(2) A master plan shall include the following:
1. Basic directions of the promotion of literature;
2. Matters concerning the revitalization of the creation of literature and the promotion of the enjoyment thereof;
3. Matters concerning the protection of intellectual property rights related to literature;
4. Matters concerning the training of and support to professional manpower related to literature;
5. Matters concerning the construction of infrastructure related to the promotion of literature;
6. Matters concerning international cooperation and overseas expansion for the promotion of literature;
7. Matters concerning the improvement of Acts and subordinate statutes and systems;
8. Matters concerning the securing of funds and methods of the efficient operation thereof;
9. Matters concerning education related to literature;
10. Other necessary matters concerning the promotion of literature.
(3) The Minister of Culture, Sports and Tourism and each Mayor/Do Governor shall formulate and implement a detailed action plan every year in accordance with a master plan.
(4) Where the Minister of Culture, Sports and Tourism or each Mayor/Do Governor formulates a master plan pursuant to paragraph (1), he/she shall follow advice and suggestions provided by the Literature Promotion Policy Committee prescribed in Article 7 after holding consultations with the heads of related central administrative agencies.
(5) Where necessary for formulating a master plan, the Minister of Culture, Sports and Tourism may request the heads of related central administrative agencies or Mayors/Do Governors to submit related data. In such cases, the heads of related central administrative agencies or Mayors/Do Governors requested to submit related data shall comply with such request unless special circumstances exist.
 Article 6 (Fact-Finding Research)
(1) The Minister of Culture, Sports and Tourism shall conduct fact-finding research on the environment, etc. for the creation of literature in order to utilize the results thereof as basic data necessary for the establishment and implementation of policies to promote literature.
(2) Where necessary for conducting fact-finding research under paragraph (1), the Minister of Culture, Sports and Tourism may require the heads of related central administrative agencies, local governments and public institutions, and individuals, corporations or organizations that have entered into a contract with a literary person to submit related data. In such cases, any person requested to submit related data shall comply with such request unless special circumstances exist.
(3) Necessary matters concerning the details and scope of and procedures for fact-finding research under paragraph (1) shall be prescribed by Presidential Decree.
 Article 7 (Literature Promotion Policy Committee)
(1) The Literature Promotion Policy Committee (hereinafter referred to as the "Policy Committee") may be established under the jurisdiction of the Minister of Culture, Sports and Tourism in order to provide advice and suggestions on important matters concerning the promotion of literature.
(2) The Policy Committee shall provide advice and suggestions on the following matters:
1. Matters concerning the formulation and implementation of a master plan for the promotion of literature;
2. Other matters submitted to meetings by the Chairperson because he/she deems them necessary, which are related to affairs and the operation of the Policy Committee.
(3) The Policy Committee shall be composed of not more than 15 members including one chairperson and one vice chairperson.
(4) The Chairperson shall be elected by the Policy Committee from among its members, and the chairperson shall appoint the vice chairperson with the consent of the Policy Committee.
(5) The Minister of Culture, Sports and Tourism shall commission members of the Policy Committee from among those who have extensive expertise and experience in literature and enjoy a good reputation.
(6) The term of office of members of the Policy Committee shall be three years and they may serve two consecutive terms.
(7) Other necessary matters concerning the composition, operation, etc. of the Policy Committee shall be prescribed by Presidential Decree.
CHAPTER II MEASURES FOR PROMOTION OF LITERATURE
 Article 8 (Development of Nonprofit Corporations or Literature Organizations)
(1) The State and each local government shall formulate a policy to develop nonprofit corporations or literature organizations established for the promotion of literature or for the purpose of supporting academic activities related to literature.
(2) The State and each local government may provide support to develop nonprofit corporations or literature organizations under paragraph (1).
 Article 9 (Support, etc. for academic activities)
The State and each local government may provide support for research and academic activities of related institutions, the academic world, related scientific societies, etc. for the promotion of literature.
 Article 10 (Support for Education on Literature, etc.)
The State and local governments may provide support to organizations that conduct education related to literature or educational activities for the promotion of literature and the people's enjoyment of literature.
 Article 11 (Support for Overseas Expansion and International Exchange)
(1) The Minister of Culture, Sports and Tourism may pursue the following projects to promote the overseas expansion and international exchange of Korean literature:
1. Support for overseas expansion and international exchange;
2. Research and study for overseas expansion and international exchange;
3. Provision of information and education for overseas expansion and international exchange;
4. Other matters prescribed by Presidential Decree for the promotion of overseas expansion and international exchange.
(2) In order to efficiently pursue projects under paragraph (1), the Minister of Culture, Sports and Tourism may delegate or entrust such projects to related institutions or organizations prescribed by Presidential Decree, and may subsidize expenses incurred in performing such projects.
 Article 12 (Training of and Support to Professional Manpower)
The State and each local government shall devise a policy on the following matters to train and support professional manpower necessary for the promotion of literature:
1. Training of and support to excellent professional manpower related to literature;
2. Expansion of opportunities of study and training and international exchange of professional manpower;
3. Strengthening of the foundation for research and education ability of the academic world.
CHAPTER III LITERATURE TRANSLATION INSTITUTE OF KOREA
 Article 13 (Literature Translation Institute of Korea)
(1) The Literature Translation Institute of Korea shall be established for the systematic translation and publication of, overseas publicity to and overseas exchange of Korean literary works and publications.
(2) The Literature Translation Institute of Korea shall be a corporation.
(3) The Literature Translation Institute of Korea shall perform the following projects:
1. Projects that translate and publish Korean literary works and publications;
2. Projects that train translators of Korean literary works and publications;
3. Projects that conduct planning, research and studies related to the globalization of Korean literary works and publications;
4. Projects that support overseas exchange of, overseas publicity to and overseas expansion of Korean literary works and publications;
5. Projects that translate foreign literary works and publications into Korean and publish them in Korean for the revitalization of exchange of literary works and publications;
6. Other accompanying projects to achieve the purpose of the establishment of the Literature Translation Institute of Korea.
(4) Criteria, procedures, etc. for the selection of Korean literary works and publications eligible for support necessary to pursue projects under paragraph (3) 1 shall be prescribed by Presidential Decree.
(5) The Literature Translation Institute of Korea shall have executives and necessary employees, as prescribed by the articles of incorporation.
(6) Where necessary for the smooth operation of the Literature Translation Institute of Korea, the State may transfer state property prescribed by Presidential Decree to the Literature Translation Institute of Korea without compensation pursuant to the Act on Regulation of Special Cases of State Property.
(7) Except as provided for in this Act, the provisions concerning incorporated foundations of the Civil Act shall apply mutatis mutandis to the Literature Translation Institute of Korea.
 Article 14 (Subsidization of Expenses)
The Government may subsidize expenses incurred in operating the Literature Translation Institute of Korea or performing its projects.
 Article 15 (Supervision)
Where necessary for the promotion of literature, the Minister of Culture, Sports and Tourism may require the Literature Translation Institute of Korea to report matters concerning its affairs, accounting and assets, or public officials under his/her jurisdiction to examine such matters.
CHAPTER IV LITERATURE MUSEUMS
 Article 16 (Classification of Literature Museums)
Literature museums shall be classified as follows in accordance with the main agent of the establishment and operation thereof:
1. National museum of literature: A literature museum established and operated by the State or a literature museum established as a corporation by the State;
2. Public museum of literature: A literature museum established and operated by a local government, a literature museum established as a corporation by a local government or a literature museum established by a corporation in which a local government has made an investment;
3. Private museum of literature: A literature museum established and operated by a corporation excluding corporations under subparagraphs 1 and 2, an organization or an individual.
 Article 17 (Projects of Literature Museum)
A literature museum shall perform the following projects:
1. Collection, preservation, restoration, management, exhibition and utilization of literature museum materials;
2. Research and study on literature museum materials;
3. Domestic and overseas exchange and cooperation related to literature museum materials;
4. Public relation and education for the popularization of literature and the establishment and operation of various incidental facilities;
5. Other projects to achieve the purpose of the establishment of the literature museum.
 Article 18 (Establishment of National Museum of Korean Literature)
(1) The Minister of Culture, Sports and Tourism shall establish the National Museum of Korean Literature as a literature museum representing the Republic of Korea.
(2) The National Museum of Korean Literature shall be a corporation and come into existence by registering the establishment thereof at the location of its principal office.
(3) Other matters necessary for the organization, operation, registration of the establishment of the National Museum of Korean Literature shall be prescribed by Presidential Decree.
 Article 19 (Establishment and Operation of Public Museum of Literature)
(1) A local government may establish a public museum of literature in accordance with procedures and standards prescribed by Presidential Decree for the promotion of literature of the local community.
(2) Necessary matters concerning the organization and operation of a public museum of literature under paragraph (1) shall be prescribed by Municipal Ordinance.
 Article 20 (Establishment and Development of Private Museum of Literature)
(1) A corporation, an organization or an individual may establish a private museum of literature.
(2) The State or a local government may help establish a private museum of literature under paragraph (1) or support the establishment thereof.
(3) A private museum of literature shall be established or operated so that it may be consistent with the purpose under Article 1 and projects under Article 17.
 Article 21 (Registration, etc.)
(1) Any person who intends to establish and operate a literature museum shall have literature museum materials, human resources and facilities necessary to achieve the purpose of the establishment thereof, and register with the Minister of Culture, Sports and Tourism in case of a national museum of literature and with the Mayor/Do Governor having jurisdiction over the location of a public museum of literature in case of the public museum of literature, as prescribed by Presidential Decree. A private museum of literature may be registered with the Mayor/Do Governor having jurisdiction over the location of such private museum of literature, and in case of a private museum of literature established after obtaining approval of a plan for the establishment thereof from the Mayor/Do Governor pursuant to Article 22, it shall immediately register after the completion of its construction.
(2) Where a person who has registered a literature museum pursuant to paragraph (1) intends to alter any matter of registration, he/she shall register any alterations.
(3) Where a literature museum is registered pursuant to paragraph (1), a registration certificate shall be immediately issued to an applicant. In such cases, a literature museum that has received a registration certificate shall display its registration on its outdoor signboard, all kinds of documents, publicity materials, etc., as prescribed by Presidential Decree.
(4) Standards concerning literature museum materials, human resources and facilities under paragraph (1) and other necessary matters concerning registration shall be prescribed by Presidential Decree.
 Article 22 (Approval, etc. of Plan for Establishment of Private Museum of Literature)
(1) Where a person who intends to establish a private museum of literature applies for approval of the establishment thereof, the Mayor/Do Governor may approve a plan for the establishment of such private museum of literature, as prescribed by Presidential Decree.
(2) Where a person who has obtained approval of a plan for the establishment of a private museum of literature pursuant to paragraph (1) intends to alter any important matter prescribed by Presidential Decree in the plan for the establishment thereof, he/she shall obtain approval for any alteration from the Mayor/Do Governor.
(3) Where the Mayor/Do Governor intends to approve a plan for the establishment of a private museum of literature pursuant to paragraph (1) or to approve any alterations pursuant to paragraph (2), he/she shall hold consultations with the head of an administrative agency having jurisdiction over the relevant matters under the subparagraphs of Article 23 (1) in advance.
(4) Where the results of the pursuit of projects of a person who has obtained approval for the establishment of a private museum of literature pursuant to paragraph (1) are extremely poor, the Mayor/Do Governor may revoke his/her approval, as prescribed by Presidential Decree.
(5) Where the Mayor/Do Governor approves a plan for the establishment of a private museum of literature pursuant to paragraph (1), approves any alterations pursuant to paragraph (2) or revokes his/her approval pursuant to paragraph (4), he/she shall immediately notify agencies with which he/she has held consultations under paragraph (3) or interested persons of the facts.
 Article 23 (Legal Fiction of Permission, Authorization, etc. under other Acts)
(1) Where the Mayor/Do Governor has held consultations with the head of the competent administrative agency about any matter falling under any of the following pursuant to Article 22 (3), he/she shall be deemed to have granted permission, authorization or designation, or received a report or held consultations corresponding thereto (hereinafter referred to as "permission, authorization, etc."):
1. Permission to perform development Under Article 56 (1) 1 and 2 of the National Land Planning and Utilization Act, designation of an operator of an urban/Gun planned facility project under Article 86 of the aforesaid Act, or authorization of an action plan under Article 88 of the aforementioned Act;
2. Permission to perform road work or to maintain or manage a road under Article 36 of the Road Act, or permission to occupy and use a road under Article 61 of the aforesaid Act;
3. Authorization of a water supply system for exclusive use under Article 52 of the Water Supply and Waterworks Installation Act;
4. Permission to construct or maintain public sewers under Article 16 of the Sewerage Act;
5. Permission to use farmland for another use and consultation about the use of farmland for another use under Article 34 of the Farmland Act;
6. Permission to use a mountainous district for another purpose under Article 14 of the Mountainous Districts Management Act, reporting of the use of a mountainous district for another purpose under Article 15 of the aforesaid Act, and permission for or reporting of the temporary use of a mountainous district under Article 15-2 of the aforementioned Act;
7. Permission for the felling, etc. of standing trees under Article 36 (1) of the Creation and Management of Forest Resources Act or reporting of the felling, etc. of standing trees under Article 36 (4) of the aforementioned Act;
8. Permission to perform an act or reporting of an act in a forest protected area (excluding a forest genetic resources protected area) under Article 9 (1) and (2) 1 or 2 of the Forest Protection Act, and revocation of the designation of a forest protected area under Article 11 (1) 1 of the aforesaid Act.
(2) Where a person who has obtained approval of a plan for the establishment of a private museum of literature pursuant to Article 22 (1) alters the content of the approval thereof for other purposes or reports the closure of the private museum of literature pursuant to Article 24, or the registration of the private museum of literature is revoked pursuant to Article 27, permission, authorization, etc. under the subparagraphs of paragraph (1) shall be deemed revoked.
 Article 24 (Reporting on Closure of Literature Museum)
(1) Where a person who operates a registered literature museum intends to close such literature museum, he/she shall report the closure thereof to the Minister of Culture, Sports and Tourism or the Mayor/Do Governor, as prescribed by Presidential Decree.
(2) The Minister of Culture, Sports and Tourism or the Mayor/Do Governor shall notify a reporter of whether to accept the report within 14 days from the date when a report is received under paragraph (1). <Newly Inserted by Act No. 15814, Oct. 16, 2018>
(3) Where the Minister of Culture, Sports and Tourism or the Mayor/Do Governor fails to notify the reporter of whether to accept a report or the extension of the period under the statues or regulations regarding the handling of civil petitions within the period determined under paragraph (2), the report shall be deemed accepted on the day following the date such period (where the handling period is extended or re-extended pursuant to the statues or regulations regarding the handling of civil petitions, referring to the relevant handling period) ends. <Newly Inserted by Act No. 15814, Oct. 16, 2018>
(4) Where the Minister of Culture, Sports and Tourism or the Mayor/Do Governor receives a report pursuant to paragraph (1) (including where he/she shall be deemed to accept the report pursuant to paragraph (3)), he/she shall revoke such registration. <Amended by Act No. 15814, Oct. 16, 2018>
 Article 25 (Admission Fees and User Fees)
(1) A literature museum may receive admission fees and other fees for using literature museum materials.
(2) Admission fees, etc. under paragraph (1) shall be prescribed by Presidential Decree in case of a national museum of literature or by Municipal Ordinance in case of a public museum of literature.
 Article 26 (Request for Making Corrections and Closure of Literature Museum)
(1) Where a literature museum violates this Act or the purpose of the establishment thereof in relation to its facilities and the management and operation thereof, the Minister of Culture, Sports and Tourism or the Mayor/Do Governor may request it to make corrections.
(2) A literature museum requested to make corrections under paragraph (1) shall comply with such request unless justifiable grounds exist.
(3) Where a literature museum requested to make corrections pursuant to paragraph (1) fails to comply with such request without just cause, the Minister of Culture, Sports and Tourism or the Mayor/Do Governor may order such literature museum to close it with a fixed period not exceeding six months.
(4) Where the Minister of Culture, Sports and Tourism or the Mayor/Do Governor deems it necessary to make a request for making corrections under paragraph (1), he/she may require a literature museum to submit data relating to its facilities and the management and operation thereof.
 Article 27 (Revocation of Registration)
(1) Where a registered literature museum falls under any of the following, the Minister of Culture, Sports and Tourism or the Mayor/Do Governor may revoke the registration thereof: Provided, That where the literature museum falls under subparagraph 3 due to a natural disaster or for other reasons beyond its control, the foregoing shall not apply where such reasons do not exist within six months:
1. Where the literature museum obtains registration by deception or by other fraudulent means;
2. Where the literature museum fails to register any alterations under Article 21 (2);
3. Where the literature museum is deemed to be unable to implement projects under Article 17 because it fails to maintain criteria for registration under Article 21 (4);
4. Where the literature museum fails to comply with an order to close it under Article 26 (3);
5. Where the literature museum acquires, helps others obtain, intermediates or manages literature museum materials, in violation of the purpose of the establishment thereof under this Act.
(2) Where the registration of a literature museum is revoked pursuant to paragraph (1), the representative of such literature museum shall return its registration certificate to the Minister of Culture, Sports and Tourism or the Mayor/Do Governor within seven days.
(3) Where the registration of a literature museum is revoked pursuant to paragraph (1), no matters of registration revoked shall be registered again within two years from the date on which the registration of the literature museum is revoked.
 Article 28 (Reports)
(1) The head of a national museum of literature registered pursuant to Article 21 or the Mayor/Do Governor shall report the current status of the management and operation of the relevant national museum of literature or a registered literature museum over which the Mayor/Do Governor has the jurisdiction, admission fees and usage fees, and the guidance and supervision thereof to the Minister of Culture, Sports and Tourism every year by no later than January 20 of the following year, as prescribed by Presidential Decree.
(2) Where the Mayor/Do Governor grants the registration of a literature museum prescribed in Article 21 or revokes the registration thereof under Article 24 (4) or 27 (1), he/she shall report such fact to the Minister of Culture, Sports and Tourism within seven days from the date on which he/she grants or revokes the registration thereof. <Amended by Act No. 15814, Oct. 16, 2018>
 Article 29 (Hearings)
Where the Minister of Culture, Sports and Tourism or the Mayor/Do Governor intends to take action falling under any of the following, he/she shall hold hearings:
1. Revocation of approval of a plan for the establishment of a literature museum under Article 22 (4);
2. An order to close a literature museum under Article 26 (3);
3. Revocation of the registration of a literature museum under Article 27 (1).
 Article 30 (Support to Registered Literature Museums, etc.)
(1) The State or local governments may subsidize expenses incurred in establishing a private museum of literature to a person who obtains approval of a plan for the establishment of such private museum of literature pursuant to Article 22 (1), and expenses incurred in operating a registered literature museum to it, respectively.
(2) No subsidies under paragraph (1) may be provided to a facility provided with expenses, etc. incurred in establishing and operating it pursuant to other Acts.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 31 (Delegation or Entrustment of Authority)
(1) The Minister of Culture, Sports and Tourism may delegate any part of his/her authority under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree.
(2) The Minister of Culture, Sports and Tourism may entrust part of his/her affairs under this Act to an institution or organization related to literature, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Literature Translation Institute of Korea)
The Literature Translation Institute of Korea established pursuant to Article 20-2 of the former Publishing Industry Promotion Act at the time this Act enters into force shall be deemed the Literature Translation Institute of Korea established pursuant to this Act.
Article 3 Omitted.
ADDENDA <Act No. 15814, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Reporting on Closure of Literature Museum)
The amended provisions of Article 24 (2) and (3) shall begin to apply to the closure of a literature museum reported after this Act enters into force.