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ACT ON IMPLEMENTATION OF ADVERTISEMENTS BY GOVERNMENT AGENCIES AND PUBLIC CORPORATIONS

Act No. 15640, jun. 12, 2018

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters concerning government advertisements so as to contribute to improving the efficiency and public interests of government advertisements.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "government agency" means any national institution prescribed in the Government Organization Act; any local government prescribed in the subparagraphs of Article 2 (1) of the Local Autonomy Act; any special local government prescribed in Article 2 (3) of the same Act; any superintendent of education prescribed in Article 18 of the Local Education Autonomy Act; and any subordinate educational administrative agency prescribed in Article 34 of the same Act;
2. The term "public corporation" means any public institution designated pursuant to Article 4 (1) of the Act on the Management of Public Institutions; any local public enterprise prescribed in the Local Public Enterprises Act; and any corporation established by Special Acts;
3. The term "government advertisement" means all acts of government agencies or public corporations (hereinafter referred to as "government agencies, etc.") to provide paid notice in domestic or foreign public relations media for advertising, public relations, enlightenment, public announcement, etc.;
4. The term "public relations medium" means any newspaper, online newspaper and online news service prescribed in Article 2 of the Act on the Promotion of Newspapers; any periodical prescribed in subparagraph 1 of Article 2 of the Act on Promotion of Periodicals, including Magazines; any broadcasting prescribed in subparagraph 1 of Article 2 of the Broadcasting Act; any outdoor advertisement prescribed in subparagraph 1 of Article 2 of the Act on the Management of Outdoor Advertisements and Promotion of Outdoor Advertisement Industry; any broadcasting communications prescribed in subparagraph 1 of Article 2 of the Framework Act on Broadcasting Communications Development; any news communications prescribed in subparagraph 1 of Article 2 of the Act on the Promotion of News Communications; any Internet multimedia broadcasting prescribed in subparagraph 1 of Article 2 of the Internet Multimedia Broadcast Services Act; and other media the Minister of Culture, Sports and Tourism designates, including domestic and foreign media similar thereto.
 Article 3 (Responsibilities of the State)
(1) The State shall devise administrative support measures, such as the formulation of necessary plans, to save the budget for government advertisements and enhance the effectiveness thereof.
(2) The heads of government agencies, etc. shall formulate annual plans necessary for the implementation of government advertisements before requesting government advertisements pursuant to Article 5.
 Article 4 (Relationship to Other Statutes)
Except as otherwise provided in other statutes, government advertisements of government agencies, etc. shall be governed by this Act.
 Article 5 (Request for Advertisement)
Where the head of a government agency, etc. intends to place government advertisements in public relations media in connection with the business under his or her jurisdiction, he or she shall request it to the Minister of Culture, Sports and Tourism, specifying matters necessary for the government advertisements, such as a budget, its content and whether to create advertising materials.
 Article 6 (Selection of Public Relations Media)
(1) Where the Minister of Culture, Sports and Tourism receives a request for a government advertisement from a government agency, etc., he or she shall select public relations media in consideration of the opinion of the government agency, etc. preferentially. In such cases, the Minister shall take into account the objectives of the advertisement, guarantee of people's universal access, etc.
(2) To enhance the efficiency of government advertisements and establish order, the Minister of Culture, Sports and Tourism may preferentially select newspapers and magazines which have reported, undergone a verification of, or made public their circulations and paid circulations of the previous year as public relations media when placing an advertisement in newspapers and magazines.
(3) Other matters necessary for selecting public relations media shall be prescribed by Presidential Decree.
 Article 7 (Requests for Materials)
For the selection of public relations media under Article 6 (2), the Minister of Culture, Sports and Tourism may request business entities managing newspapers and magazines to provide materials on total circulations and paid circulations.
 Article 8 (Expenditure of Expenses)
(1) Where a public relations medium requests government advertisement fees and expenses incurred in a government advertisement, the Minister of Culture, Sports and Tourism shall verify such fees and expenses and shall send materials evidencing the government advertisement, details of expenses, etc. to the institution that has requested the government advertisement.
(2) The government advertisement fees and expenses incurred in a government advertisement under paragraph (1) shall be borne by the institution that has requested the government advertisement.
 Article 9 (Prohibition of Government Agency from Placing Similar Government Advertisement)
No government agency, etc. shall conduct public relations activities in whatever form actually purchasing public relations media or broadcasting hours other than the form of government advertisement: Provided, That the same shall not apply where the fact of being sponsored is informed or an announcement of sponsors prescribed in subparagraph 22 of Article 2 of the Broadcasting Act is made in the relevant public relations medium.
 Article 10 (Entrustment of Government Advertisement Business)
(1) The Minister of Culture, Sports and Tourism may, if deemed necessary, entrust the government advertisement business prescribed in Articles 5 through 8 to the institutions or organizations prescribed by Presidential Decree.
(2) Any institution or organization entrusted with government advertisement business pursuant to paragraph (1) (hereinafter referred to as "entrusted institution") may collect fees.
(3) Every entrusted institution shall use fees collected pursuant to paragraph (2) with approval from the Minister of Culture, Sports and Tourism to support the following:
1. Supporting the promotion of newspapers, online newspapers, online news service, news communications and magazines;
2. Supporting the promotion of broadcasting and advertising;
3. Other matters prescribed by Presidential Decree for the promotion of the press.
(4) Matters necessary for the collection and use of fees shall be prescribed by Presidential Decree.
 Article 11 (Direction and Supervision)
(1) The Minister of Culture, Sports and Tourism shall direct and supervise entrusted institutions, and, if deemed necessary, may order directions, measures or reports necessary to handle administrative affairs.
(2) Where the Minister of Culture, Sports and Tourism deems that an entrusted institution handles administrative affairs in an illegal or improper manner, the Minister may cancel or suspend the administrative affairs.
(3) Where the Minister of Culture, Sports and Tourism intends to cancel or suspend the relevant administrative affairs pursuant to paragraph (2), the Minister shall notify the entrusted institution of the ground therefor in writing and provide such institution with an opportunity to provide an opinion in advance.
 Article 12 (Prohibition of Disclosure of Confidential Information)
No person who is or was an executive officer or employee of an entrusted institution shall disclose any confidential information that was attained in the course of conducting his or her duties.
 Article 13 (Request for Taking Corrective Measures)
Where the head of a government agency, etc. violates Article 5, the Minister of Culture, Sports and Tourism may request the head of the government agency, etc. to take corrective measures. In such cases, the head of the government agency, etc. shall comply therewith.
 Article 14 (Report to the National Assembly)
The Minister of Culture, Sports and Tourism shall report the details, etc. of administering government advertisements to the National Assembly by not later than May 31 of the following year.
 Article 15 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Executive officers and employees of institutions and organizations engaging in the business entrusted pursuant to Article 10 (1) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.
 Article 16 (Penalty Provisions)
A person who discloses confidential information in violation of Article 12 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.