ENFORCEMENT DECREE OF THE ACT ON PROMOTION OF THE HUMANITIES AND HUMANISTIC SPIRIT AND CULTURE
Presidential Decree No. 27423, Aug. 2, 2016
Amended by Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 29865, jun. 18, 2019
| Article 2 (Request, etc. to Submit Materials Relating to Matters Subject to Deliberation) |
The head commissioner (hereinafter referred to as “head commissioner”) of “the deliberative committee on the promotion of the humanities and a humanistic spirit and culture” (hereinafter referred to as “deliberative committee”) provided for in Article 6 (1) of the Act on Promotion of the Humanities and Humanistic Spirit and Culture (hereinafter referred to as the “Act”), may request relevant materials or opinions from the head of a central administrative agency or a local government, if matters subject to deliberation by the deliberative committee are related to the institution, policy, or projects managed by such central administrative agency or local government. In such cases, the head of the central administrative agency or the local government in receipt of such request, shall comply with said request, except in extenuating circumstances.
| Article 3 (Organization of Deliberative Committee) |
| (1) | “Vice-Minister-level public officials of the relevant central administrative agency prescribed by Presidential Decree” in Article 7 (2) 1 of the Act means the following persons. In such cases, if several Vice Ministers exist in an agency, it means the Vice Minister selected by the head of the central administrative agency: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Vice Minister of Strategy and Finance; |
| 2. | The Vice Minister of Foreign Affairs; |
| 3. | The Vice Minister of the Interior and Safety; |
| 4. | The Vice Minister of Gender Equality and Family; |
| 5. | The Administrator of the Cultural Heritage Administration. |
| (2) | “The head of the agency related to promoting the humanities and a humanistic spirit and culture prescribed by Presidential Decree” in Article 7 (2) 2 of the Act, means the head of an agency conducting affairs related to promoting the humanities and a humanistic spirit and culture or an agency having professional manpower, programs, etc., for promoting the humanities and a humanistic spirit and culture, such agency jointly selected by the Minister of Education and the Minister of Culture, Sports and Tourism. |
| (3) | The Minister of Education and the Minister of Culture, Sports and Tourism, may commission members described in Article 7 (2) 3 of the Act, at the recommendation of an agency, a corporation, or an organization related to the humanities and a humanistic spirit and culture. |
| (4) | The term of office for members commissioned under Article 7 (2) 3 of the Act, shall be two years; they may be re-commissioned consecutively only twice. |
| (5) | If necessary for efficiently conducting the affairs of the deliberative committee, the head commissioner may establish a subcommittee following a resolution by the deliberative committee. |
| Article 4 (Operation of Deliberative Committee) |
| (1) | Meetings of the deliberative committee shall be convened by the head commissioner in the following cases: |
| 1. | Where the Minister of Education or the Minister of Culture, Sports and Tourism requests to convene the deliberative committee; |
| 2. | Where more than one third of incumbent members request to convene the deliberative committee; |
| 3. | Other cases where the head commissioner deems that it is necessary to convene the deliberative committee. |
| (2) | In order to convene a meeting, the head commissioner shall inform each member of the time and venue of the meeting and items on the agenda of the meeting, by not later than seven days before holding the meeting: Provided, That he/she may inform each member by the pervious day of the meeting, in urgent or other extenuating circumstances. |
| (3) | A majority of incumbent members shall constitute a quorum for the meeting of the deliberative committee and its resolutions shall be passed with the consent of the majority of the members present. |
| (4) | The deliberative committee shall have two assistant administrators for its efficient operation and support; one shall be selected by the Minister of Education from among director-level public officials in the Ministry of Education and the other shall be selected by the Minister of Culture, Sports and Tourism from among director-level public officials in the Ministry of Education and the Ministry of Culture, Sports and Tourism. |
| (5) | Where the head commissioner is unable to perform his/her duties in extenuating circumstances, the member selected in advance by the head commissioner shall perform the duties on his/her behalf. |
| (6) | Where deemed necessary for deliberation, the deliberative committee and subcommittee may allow relevant public officials or relevant experts to attend its meetings and listen to their opinions, and may request relevant experts to review or submit necessary documents. |
| (7) | Allowances may be paid or travel expenses and other necessary expenses may be reimbursed to members or relevant experts attending meetings of the deliberative committee or subcommittees: Provided, that this shall not apply where a public official attends as part of his/her duties. |
| (8) | In addition to the matters provided for in paragraphs (1) through (7), matters necessary for operating the deliberative committee shall be determined by the head commissioner following a resolution by the deliberative committee. |
| Article 5 (Dismissal of Appointed Members of Deliberative Committee) |
Where members appointed pursuant to Article 7 (2) 3 of the Act falls under any of the following, the Minister of Education and the Minister of Culture, Sports and Tourism may dismiss the relevant member: | 1. | If a member is unable to perform his/her duties due to a mental or physical disorder; |
| 2. | If a wrongdoing is found relating to a member’s duties; |
| 3. | If it is deemed inappropriate for a member to remain in his/her position due to his/her neglect of duty, injury of dignity, etc.; |
| 4. | If a member declares he/she cannot perform his/her duties. |
| Article 6 (Goal and Direction of Mid and Long Term Policy) |
Mid- and long-term policy goals and direction-setting for promoting the humanities and a humanistic spirit and culture, set by the Minister of Education and the Minister of Culture, Sports and Tourism pursuant to Article 9 (1) of the Act shall include the following: | 1. | Mid- and long-term objectives for a period of not less than five years, to promote the humanities and a humanistic spirit and culture, including promotion of the humanities and social and cultural dissemination of a humanistic spirit and culture; |
| 2. | Strategies and direction-setting to achieve the promotion objectives described in subparagraph 1; |
| 3. | Other major policy tasks necessary for promoting the humanities and a humanistic spirit and culture. |
| Article 7 (Formulation, etc. of Basic Plan) |
| (1) | The Minister of Education shall formulate a basic plan for promoting the humanities; and the Minister of Culture, Sports and Tourism shall formulate a basic plan for promoting a humanistic spirit and culture (hereinafter “basic plans under jurisdiction”) by September 30 of the year preceeding the year the basic plan for the promotion of the humanities and a humanistic spirit and culture provided for in Article 9 (2) of the Act (herein referred to as “basic plan”), begins. <Amended by Presidential Decree No. 29865, Jun. 18, 2019> |
| (2) | When basic plans under jurisdiction are finalized, the Minister of Education and the Minister of Culture, Sports and Tourism shall each notify the head of the relevant central administrative agency and the head of the relevant local government of the details thereof, without delay. |
| Article 7-2 (Method and Details of Fact-Finding Survey) |
| 1. | Public perception of the humanities and a humanistic spirit and culture; |
| 2. | The current status of support for research activities into the humanities and a humanistic spirit and culture under Article 12 (1) of the Act; |
| 3. | The current status of operation of and participation in humanities education programs conducted by the agencies referred to in the subparagraphs of Article 13; |
| 4. | The current status of operation of and participation in programs for people to appreciate a humanistic spirit and culture under Article 14 (1) of the Act; |
| 5. | The current status of nurturing and utilization of specialized personnel to promote the humanities and a humanistic spirit and culture under Article 15 of the Act; |
| 6. | Other matters deemed necessary to formulate policy for promoting the humanities and a humanistic spirit and culture. |
| (2) | A fact-finding survey under paragraph (1) shall be classified into a regular survey and an occasional survey, and the former shall be conducted every five years and the latter shall be conducted where necessary to supplement a regular survey. |
| (3) | The conducting of a fact-finding survey under paragraph (1) shall be entrusted to a specialized research institute, corporation, organization, or related expert. |
[This Article Newly Inserted by Presidential Decree No. 29865, Jun. 18, 2019]
| Article 8 (Establishment, Implementation, etc. of Implementation Plans) |
| (1) | An implementation plan established by heads of relevant central administrative agencies including the Minister of Education and the Minister of Culture, Sports and Tourism, and heads of local governments (limited to local governments falling under Article 2 (1) 1 of the Local Autonomy Act) pursuant to Article 10 (1) of the Act (hereinafter referred to as “implementation plans”) shall include the following: |
| 1. | Policy direction for promoting the humanities and a humanistic spirit and culture; |
| 2. | Details for projects to implement policy for the humanities and a humanistic spirit and culture, including policy promotion tasks, promoters, and implementation methods; |
| 3. | Budgets and plans for financing; |
| 4. | Other matters necessary for promoting implementation plans. |
| (2) | The Minister of Education and the Minister of Culture, Sports and Tourism shall determine the guideline for examining performance records of the relevant year and the guideline for formulating an implementation plan for the next year and notify heads of relevant central administrative agencies and heads of local governments thereof by September 30 each year. <Amended by Presidential Decree No. 29865, Jun. 18, 2019> |
| (3) | Pursuant to Article 10 (2) of the Act, heads of relevant central administrative agencies and heads of local governments shall submit to the deliberative committee performance records under the implementation plan of the relevant year by December 31 and an implementation plan for the next year by October 31 each year. <Amended by Presidential Decree No. 29865, Jun. 18, 2019> |
| (4) | The deliberative committee shall complete deliberation on the implementation plan of the next year by December 31 each year and inform heads of relevant central administrative agencies and heads of local governments of the result thereof: Provided, That, if necessary for the deliberation, the period of deliberation may be extended by up to 30 days. <Amended by Presidential Decree No. 29865, Jun. 18, 2019> |
| Article 9 (Agencies Conducing Humanities Education) |
“Agencies prescribed by Presidential Decree” in subparagraph 4 of Article 13 of the Act, means the following: | 11. | Other agencies in which the deliberative committee finds that humanities education should be conducted systematically and continuously. |
| Article 10 (Designation of Specialized Agency) |
| (1) | The Minister of Education and the Minister of Culture, Sports and Tourism may each designate any of the following agencies, corporations, or organizations as the specialized agency for promoting the humanities and a humanistic spirit and culture (hereinafter referred to as “specialized agency”) pursuant to Article 18 (1) of the Act: |
| 4. | Institutions invested in or funded pursuant to Article 2 (1) of the Act on the Operation of Institutions Provided with Investments or Funds by Local Governments; |
| 5. | Other agencies, corporations, or organizations established mainly for the purpose of promoting the humanities and a humanistic spirit and culture. |
| (2) | Any agency, corporation, or organization which intends to be designated as a specialized agency shall submit an application for designation jointly determined and notified by the Minister of Education and the Minister of Culture, Sports and Tourism to the Minister of Education and the Minister of Culture, Sports and Tourism, attaching documents regarding the following. In such cases, the application for designation and the attached documents may be submitted in electronic form using information and communications network: |
| 1. | The performance record and business plan for the promotion of the humanities and a humanistic spirit and culture; |
| 2. | The status of manpower for promoting the humanities and a humanistic spirit and culture; |
| 3. | Plans for obtaining facilities and financing for promoting the humanities and a humanistic spirit and culture; |
| 4. | Other matters deemed necessary by the Minister of Education and the Minister of Culture, Sports and Tourism for designating the specialized agency. |
| (3) | Where the deliberative committee conducts deliberation on the designation of a specialized agency pursuant to Article 18 (1) of the Act, it shall take into account the following: |
| 1. | Expertise regarding the promotion of the humanities and a humanistic spirit and culture; |
| 2. | Whether manpower, facilities, and finances necessary for promoting the humanities and a humanistic spirit and culture are obtained; |
| 3. | Other matters deemed necessary by the deliberative committee for conducting the promotion of the humanities and a humanistic spirit and culture. |
| (4) | The duration for which the designation of a specialized agency is effective shall be three years. |
| (5) | Where the Minister of Education or the Minister of Culture, Sports and Tourism designates a specialized agency, he/she shall notify the fact on the website of the Ministry of Education or the Ministry of Culture, Sports and Tourism. |
| (6) | In addition to the matters provided for in paragraphs (1) through (5), matters necessary for designating a specialized agency shall be determined by the Minister of Education or the Minister of Culture, Sports and Tourism, upon deliberation by the deliberation committee. |
| Article 11 (Operation of Specialized Agency) |
A specialized agency shall conduct the following:
| 1. | Research on the promotion of the humanities and a humanistic spirit and culture; |
| 2. | Investigation, analysis, and evaluation on the policies regarding the humanities and a humanistic spirit and culture; |
| 3. | Duties entrusted by the Minister of Education and the Minister of Culture, Sports and Tourism pursuant to Article 19 (2) of the Act; |
| 4. | Other matters deemed necessary by the Minister of Education or the Minister of Culture, Sports and Tourism for promoting the humanities and a humanistic spirit and culture. |
| Article 12 (Cancelling Designation of Specialized Agencies) |
| (1) | Where the Minister of Education or the Minister of Culture, Sports and Tourism intends to cancel the designation of a specialized agency pursuant to Article 18 (4) of the Act, he/she shall first submit the case for deliberation by the deliberative committee. |
| (2) | Where the Minister of Education and the Minister of Culture, Sports and Tourism cancels the designation of the specialized agency, he/she shall publish the fact on the website of the Ministry of Education or the Ministry of Culture, Sports and Tourism, respectively. |
| Article 13 (Entrustment of Duties) |
| (1) | The Minister of Education or the Minister of Culture, Sports and Tourism may entrust the following duties to the specialized agency pursuant to Article 19 (2) of the Act: |
| 1. | Supporting the revitalization of programs for people to enjoy the humanities and a humanistic spirit and culture and voluntary participation thereto pursuant to Article 14 (1) of the Act; |
| 2. | Nurturing and utilizing specialized manpower for promoting the humanities and a humanistic spirit and culture pursuant to Article 15 of the Act; |
| 3. | Discovering, collecting, preserving, and disseminating assets and resources relevant to promoting the humanities a humanistic spirit and culture pursuant to Article 16 (1) of the Act; |
| 4. | Supporting the development and management of the contents or programs relevant to the humanities, and a humanistic spirit and culture pursuant to Article 16 (2) of the Act; |
| 5. | Domestic and international exchange and cooperation for promoting the humanities and a humanistic spirit and culture pursuant to Article 17 of the Act. |
| (2) | The Minister of Education and the Minister of Culture, Sports and Tourism shall each determine and notify the details of the duties he/she entrusts pursuant to paragraph (1) and the specialized agency to which such duties are entrusted. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016.
Article 2 (Special Cases concerning Deadline, etc. for Formulating Basic Plan)
| (1) | Notwithstanding Article 7 (1), the deadline for formulating the basic plans under the jurisdiction first formulated after this Decree enters into force shall be December 31, 2016. |
| (2) | Notwithstanding Article 8 (2), the deadline for notifying the guideline for formulating the implementation plan for 2017 first formulated after this Decree enters into force, shall be December 31, 2016. |
| (3) | Notwithstanding Article 8 (3), the deadline for submitting the implementation plan of 2017 shall be February 28, 2017. |
| (4) | Notwithstanding the main sentence of Article 8 (4), the deadline for notifying the deliberation outcome of the implementation plan for 2017, shall be March 31, 2017. |
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016.
Article 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29865, Jun. 18, 2019>
This Decree shall enter into force on June 19, 2019.