PUBLISHING INDUSTRY PROMOTION ACT
Act No. 8533, Jul. 19, 2007
Amended by Act No. 9530, Mar. 25, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10108, Mar. 17, 2010
Act No. 11048, Sep. 15, 2011
Act No. 11229, Jan. 26, 2012
Act No. 12355, Jan. 28, 2014
Act No. 12603, May 20, 2014
Act No. 13308, May 18, 2015
Act No. 13961, Feb. 3, 2016
Act No. 14636, Mar. 21, 2017
Act No. 16065, Dec. 24, 2018
Act No. 16693, Dec. 3, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters regarding publishing and matters necessary for supporting and fostering the publishing industry, reviewing publications and establishing a sound distribution order.
[This Article Wholly Amended on Mar. 25, 2009]
The terms used in this Act are defined as follows: <Amended on Jan. 26, 2012>
| 1. | The term "publishing" means issuing publications by editing and copying literary works, etc. on paper or electronic media (where they are issued by electronic media, it shall be limited to electronic publications); |
| 2. | The term "publishing company" means personal or physical facility which engages in publishing business; |
| 3. | The term "publications" means products indicating the author, publisher, publishing date, and other matters recorded as prescribed by Presidential Decree so as to be read, seen, or heard by placing them on paper or in electronic media; |
| 4. | The term "electronic publications" means publications such as electronic books, etc. issued by a publishing company as reported under this Act by placing contents of literary works, etc. in the electronic media so that users can read, see, and hear them through information processing apparatuses, such as computers; |
| 5. | The term "foreign publications" means publications published in foreign countries (including North Korea; hereinafter the same shall apply); |
| 6. | The term "distribution" means transferring, lending or displaying publications to the general public, with or without receiving any consideration; |
| 7. | The term "publishing industry" means the publishing or distribution industry for publications and industries closely related thereto; |
| 8. | The term "harmful publications" means harmful publications with anti-national, anti-social or unethical contents, such as distinctly harming the national safety, public order or human dignity, etc., which are deliberated upon and determined under Article 19 (1) by the Publication Ethics Commission referred to in Article 17. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 3 (Scope of Application) |
This Act shall apply to all publishing and publications, but it shall not apply to any of the following subparagraphs: <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Mar. 25, 2009]
CHAPTER II PROMOTION OF PUBLISHING INDUSTRY
| Article 4 (Formulation and Implementation of Plans to Promote Publishing Industry) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate and implement basic plans (hereinafter referred to as "promotion plans") every five years, which are required for promoting the publishing industry. |
| (2) | Promotion plans shall contain all of the following: |
| 1. | Support for fostering specialized personnel; |
| 2. | Encouragement and support for publishing good books; |
| 3. | Support for translations of excellent domestic or foreign literary works; |
| 4. | Support for modernization of publishing facilities and distribution of publications; |
| 5. | Fosterage of and support for electronic publications; |
| 6. | Support for international exchanges and cooperation and expansion of export markets; |
| 7. | Fosterage of and support for the comics industry; |
| 8. | Support for book stores and book-binding business, etc.; |
| 9. | Other matters necessary to support the publishing industry. |
| (3) | The Minister of Culture, Sports and Tourism shall, when he or she intends to formulate promotion plans, consult in advance with the heads of related central administrative agencies, and hear from the organizations related to the publishing industry. |
| (4) | Where deemed necessary to formulate and implement promotion plans, the Minister of Culture, Sports and Tourism may request cooperation from 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") or render support to Mayors/Do Governors. <Amended on Jan. 26, 2012> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 5 (Support for Fostering Specialized Personnel) |
| (1) | The Minister of Culture, Sports and Tourism shall support the fostering of specialized personnel in the relevant fields in order to promote the publishing industry. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 6 (Support for International Exchanges) |
| (1) | The Minister of Culture, Sports and Tourism shall provide support to facilitate international exchanges in order to promote the publishing industry. |
| (2) | Matters regarding those entitled to receive support for activation of international exchanges and the methods and procedures, etc. therefor under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 7 (Support for Modernization of Facilities and Distribution) |
| (1) | The Minister of Culture, Sports and Tourism shall endeavor to provide support to modernize facilities and distribution of publishing companies. |
| (2) | Any one who publishes publications shall be issued an ISBN/ISSN (International Standard Book Number/International Standard Serial Number) under Article 21 of the Libraries Act and indicate it in the relevant publications. |
| (3) | Matters regarding those entitled to receive support for modernization of facilities and distribution and the methods and procedures, etc. therefor under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 8 (Expansion of Infrastructure for Publishing Industry) |
| (1) | The State and local governments shall make efforts to secure infrastructure for the publishing industry, such as expansion of the infrastructure for the said industry or creating a complex, etc. |
[This Article Wholly Amended on Mar. 25, 2009]
CHAPTER III REPORTS OF PUBLISHING COMPANIES
| (1) | Any person who intends to operate a publishing company shall report, in advance, the following matters to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as “Mayor, etc.”) having jurisdiction over the location of the publishing company. Any person who intends to make changes to reported matters [excluding any change to the address of the CEO (in the case of a juristic person or organization, its representative)] shall file a report in advance: <Amended on Mar. 21, 2017; Dec. 24, 2018> |
| 1. | Title and location of the publishing company; |
| 2. | Address and name of the CEO (in the case of a juristic person or organization, its representative). |
| (2) | A Mayor, etc. shall notify a person who has filed a report of whether such report is accepted within ten days from the date of receipt of his or her report or report on changes referred to in paragraph (1). <Newly Inserted on Mar. 21, 2017> |
| (3) | If a Mayor, etc. fails to notify a person who has filed a report of whether such report is accepted within the period prescribed in paragraph (2) or of whether the period of processing the report is extended under statutes and regulations related to addressing civil petitions, the report shall be deemed to be accepted on the day following the day on which such period ends. <Newly Inserted on Mar. 21, 2017> |
| (4) | A Mayor, etc. shall provide the person who has filed a report under paragraph (1) (hereinafter referred to as "report") with a certificate of report completion. <Amended on Mar. 21, 2017> |
| (5) | A Mayor, etc. shall, upon receipt of a report, file a report on the reported matters with the Minister of Culture, Sports and Tourism via the Mayor/Do Governor (excluding a Special Self-Governing City and Special Self-Governing Province). <Amended on Mar. 21, 2017> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 10 Deleted. <Mar. 25, 2009> |
| Article 11 (Business Closure and Ex Officio Cancellation) |
| (1) | Where a person who has filed a report pursuant to Article 9 closes his or her business, he or she shall file a report thereon with the competent Mayor, etc. within seven days after the date of business closure, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 24, 2018> |
| (2) | Where a Mayor, etc. receives a report on business closure pursuant to paragraph (1) or cancels the reported matters ex officio pursuant to paragraph (3), he or she shall report such fact to the Minister of Culture, Sports and Tourism via the Mayor/Do Governor (excluding a Special Self-Governing City and Special Self-Governing Province). <Amended on Mar. 21, 2017; Dec. 24, 2018> |
| (3) | Where any person who operates a publishing company has reported the closure of his or her business to the head of the competent tax office or the head of the competent tax office has revoked his or her business registration under Article 8 of the Value-Added Tax Act, a Mayor, etc. may cancel the reported matters ex officio. <Newly Inserted on May 18, 2015; Mar. 21, 2017> |
| (4) | If necessary to confirm whether a person who operates a publishing company has closed his or her business reported, a Mayor, etc. may request the head of the competent tax office to provide necessary materials. In such cases, upon receipt of such request, the head of the competent tax office shall not reject it without any good cause. <Newly Inserted on May 18, 2015; Mar. 21, 2017> |
[This Article Wholly Amended on Mar. 25, 2009]
[Title Amended on Dec. 24, 2018]
| Article 12 Deleted. <Jan. 26, 2012> |
| Article 13 Deleted. <Jan. 26, 2012> |
| Article 14 Deleted. <Jan. 26, 2012> |
| Article 15 Deleted. <Jan. 26, 2012> |
CHAPTER V PUBLICATION INDUSTRY PROMOTION AGENCY OF KOREA
| Article 16 (Establishment of Publication Industry Promotion Agency of Korea) |
| (1) | Publication Industry Promotion Agency of Korea (hereinafter referred to as "Promotion Agency") shall be established in order to efficiently support the promotion and development of the publishing industry. |
| (2) | The Promotion Agency shall be a juristic person. |
| (3) | The Promotion Agency shall be formed by registering its establishment at the location of its principal office with the authorization of the Minister of Culture, Sports and Tourism. |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 16-2 (Articles of Incorporation of Promotion Agency) |
The articles of incorporation of the Promotion Agency shall include the following:
| 3. | Matters concerning the principal office; |
| 4. | Matters concerning the executive officers and employees; |
| 5. | Matters concerning the operation of the board of directors; |
| 6. | Matters concerning the Publication Ethics Commission under Article 17; |
| 7. | Matters concerning duties; |
| 8. | Matters concerning property and accounting; |
| 9. | Matters concerning the modification of articles of incorporation; |
| 10. | Matters concerning the formulation, modification and repeal of internal regulations. |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 16-3 (Executives of Promotion Agency) |
| (1) | The Promotion Agency shall have nine directors, including a president, and an auditor; directors other than the president and the auditor shall be non-standing; and the president shall chair the board of directors. |
| (2) | The president shall be appointed and dismissed by the Minister of Culture, Sports and Tourism. |
| (3) | The term of office of the president shall be three years. |
| (4) | The president shall represent the Promotion Agency and exercise overall control over the duties of the Promotion Agency. |
| (5) | If the president is unable to perform his or her duties due to unavoidable reasons, a director according to the order of precedence stipulated in the articles of incorporation shall perform such duties on his or her behalf. |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 16-4 (Duties of Promotion Agency) |
The Promotion Agency shall perform the following duties:
| 1. | Research, development and planning of policies and systems for the promotion of the publishing industry; |
| 2. | Research on the current status of the publishing industry and compilation of statistics; |
| 3. | Support for education concerning the publishing industry and for fostering specialized personnel; |
| 4. | Support for the facilitation of production and the advancement of distribution for the development of the publishing industry; |
| 5. | Projects to boost demand for publication, such as recommendation of good books, promotion of reading, etc.; |
| 6. | Fostering and supporting electronic publication; |
| 7. | Establishment of a foundation, such as installation of support facilities for the revitalization of the publishing industry; |
| 8. | Support for the publishing industry in its entry into foreign markets; |
| 9. | Deliberation on whether a publication is harmful (referring to the function of the Commission under Article 18); |
| 10. | Other projects necessary to accomplish the purpose of the Promotion Agency. |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 17 (Establishment of Publication Ethics Commission) |
| (1) | Publication Ethics Commission (hereinafter referred to as the "Commission") shall be established under the Promotion Agency in order to fulfill ethical and social responsibilities of publications and to deliberate on whether publications are harmful. <Newly Inserted on Jan. 26, 2012> |
| (2) | The Commission shall be comprised of not less than 10 but not more than 20 members, including one chairperson and one vice chairperson. <Amended on Jan. 26, 2012> |
| (3) | The chairperson and the vice chairperson of the Commission shall be elected from among its members. <Amended Jan. 26, 2012> |
| (4) | The members of the Commission shall be appointed by the Minister of Culture, Sports and Tourism from among persons having extensive knowledge and experience in arts, the media, education, culture, law, juveniles, publishing and printing, etc. upon recommendation from the related juristic persons or organizations as prescribed by Presidential Decree. <Amended Jan. 26, 2012> |
| (5) | The term of office of Commission members shall be three years, and consecutive appointment may be permitted. <Amended Jan. 26, 2012> |
| (6) | Other matters necessary for the composition and operation of the Commission shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 26, 2012> |
[This Article Wholly Amended on Mar. 25, 2009]
[Title Amended on Jul. 26, 2012]
| Article 18 (Functions of Commission) |
The Commission shall perform functions listed in the following subparagraphs: <Amended on Sep. 15, 2011; Jan. 26, 2012>
| 1. | Deliberation on the harmfulness of novels, comics, photo albums, pictorial series, and other publications as prescribed by Presidential Decree; |
| 4. | Deleted; <Jan. 26, 2012> |
| 5. | Matters stipulated in other statutes or regulations. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 19 (Deliberation on Harmfulness of Publications) |
| (1) | In a case where a publication falls under any of the following, upon deliberation on its harmfulness, the Commission shall determine it to be a harmful publication: |
| 1. | Publication clearly harming the security of the State or the public order by completely denying a liberal democratic system or encouraging or instigating the activities to overturn such system; |
| 2. | Publication clearly harming the sound sexual ethics of society with graphic descriptions of lewd content; |
| 3. | Publication clearly harming the human dignity and the sound social order by excessively depicting or encouraging the antisocial or unethical activities, such as murder, violence, war, narcotics, etc. |
| (2) | In a case where a publication falls under any subparagraph of Article 9 (1) of the Youth Protection Act upon deliberation under paragraph (1), the Commission shall determine it to be a publication harmful to juveniles, and notify, without delay, the Ministry of Gender Equality and Family thereof. <Amended on Jan. 18, 2010; Sep. 15, 2011> |
| (3) | The chairperson of the Commission shall, when a publication has been determined to be harmful upon deliberation by the Commission, promptly notify such decision to the publisher or importer of such publication or the head of the relevant customhouse, and file a report thereon with the Minister of Culture, Sports and Tourism: Provided, That where notification to the importer is impossible because his or her address is unknown, etc., the chairperson of the Commission shall post the fact that the relevant publication has been determined to be harmful on the website of the Commission. <Amended on Jan. 26, 2012> |
| (4) | Matters regarding the detailed deliberation standards pursuant to the criteria for deliberation on the harmfulness of publications shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 19-2 (Public Notice and Notification) |
| (1) | The Minister of Culture, Sports and Tourism shall, without delay, publicly notify the publications concerned as harmful publications in accordance with the decision reported by the chairperson of the Commission under Article 19 (3). |
| (2) | The Minister of Culture, Sports and Tourism shall clearly state the reason and effective date at the time of public notice of harmful publications under paragraph (1). |
| (3) | When making a public announcement of harmful publications under paragraph (1), the Minister of Culture, Sports and Tourism shall notify each Mayor/Do Governor and the head of each Si/Gun/Gu of such fact. |
| (4) | The Minister of Culture, Sports and Tourism may, if necessary, notify an individual, corporation or organization who or which engages in the business of publications distribution of the public notice made under paragraph (1). |
| (5) | Matters regarding public notice pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 19-3 (Seeking Opinions) |
| (1) | If the publisher of a publication falling under subparagraph 1 and the importer of a foreign publication falling under subparagraph 1 or 2 is unsure about whether such publication falls into the category of harmful publications or publications harmful to juveniles as prescribed in the Youth Protection Act, he or she may, beforehand, seek the opinion of the Commission for confirmation: |
| 1. | Novels, cartoons, photography books, picture reports and magazines, and other publications prescribed by Presidential Decree; |
| (2) | If the head of a customhouse has questions about whether a publication falling under paragraph (1) 1 or 2, among imported foreign publications, falls into the category of harmful publications, he or she may seek the opinion of the Commission before allowing such publication to pass a customs inspection. |
| (3) | If the chairperson of the Commission receives an inquiry pursuant to paragraph (1) or (2), he or she shall notify his or her opinion to the inquirer: Provided, That where the publication in question falls under any of the following subparagraphs, he or she shall bring it to the Commission for deliberation and notify the result thereof: |
| 1. | Publications likely to be categorized as publications harmful to youth as prescribed by the Youth Protection Act; |
| 2. | Publications likely to be categorized as harmful publications. |
| (4) | Matters regarding the procedures of seeking opinions and deliberation, etc. under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 20 (Subcommittees) |
| (1) | Where necessary to ensure efficient and professional deliberation, the Commission may establish subcommittees by field. |
| (2) | Matters necessary for the composition and operation of subcommittees by field under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 26, 2012]
| Article 20-2 Deleted. <Feb. 3, 2016> |
| Article 21 (Subsidy for Expenses) |
The Government may grant subsidies to help cover the expenses incurred in the operation or activities of the Promotion Agency within budgetary limits. <Amended on Jan. 26, 2012; Feb. 3, 2016>
[This Article Wholly Amended on Mar. 17, 2010]
| Article 21-2 (Supervision) |
The Minister of Culture, Sports and Tourism may, where necessary for the promotion of the publishing industry, require that matters concerning the business, accounting and property of the Promotion Agency be reported or public officials under his or her supervision inspect them. <Amended on Jan. 26, 2012; Feb. 3, 2016>
[This Article Newly Inserted on Mar. 17, 2010]
CHAPTER VI CIRCULATION OF PUBLICATIONS
| Article 22 (Indication of Fixed Price of Publications, and Sale) |
| (1) | Where a publishing company issues a publication for the purpose of sale, it shall fix the price for sale to consumers (hereinafter referred to as "fixed price"), and indicate it on the publication, as prescribed by Presidential Decree. <Amended on Jan. 26, 2012; May 20, 2014> |
| (2) | A publishing company may alter the fixed price of a publication issued 18 months ago, as prescribed by Presidential Decree. In such cases, paragraph (1) shall apply mutatis mutandis to the indication of the fixed price. <Newly Inserted on May 20, 2014> |
| (3) | Notwithstanding paragraphs (1) and (2), in the case of an electronic publication, the publishing company shall specify the fixed price in the bibliographic information and any person who sells an electronic publication shall indicate the price specified by the publishing company on its sales website in a manner recognizable by purchasers. <Newly Inserted on Jan. 26, 2012; May 20, 2014> |
| (4) | Any person who sells a publication shall sell it at the fixed price. <Amended on May 20, 2014> |
| (5) | Notwithstanding paragraph (4), any person who sells a publication may sell it through free combination of price reduction and economic benefit, the combined value of which shall not exceed 15 percent of the fixed price to promote reading and protect consumers. In such cases, such price reduction shall not exceed 10 percent. <Newly Inserted on May 20, 2014> |
| (6) | Paragraphs (4) and (5) shall not apply to any of the following publications: <Amended on Jan. 26, 2012; May 20, 2014> |
| 1. | Deleted; <May 20, 2014> |
| 2. | Publications sold to social welfare facilities; |
| 3. | Publications sold to the copyright holder; |
| 4. | Deleted; <May 20, 2014> |
| 5. | Other publications prescribed by Presidential Decree. |
| (7) | The term "economic benefit" under paragraph (5) means any of the following, offered to consumers accompanying the trade of publications: <Newly Inserted on May 20, 2014> |
| 2. | Loyalty points (referring to points, etc. equivalent to a certain percentage of the selling price); |
| 5. | In addition to those provided for in subparagraphs 1 through 4, those deemed unobtainable by consumers without paying the normal prices. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 23 (Orderly Distribution of Publications) |
| (1) | In order to maintain orderly distribution of publications, none of the following authors of a publication or a person involved in the publishing and distribution of publications shall do any of the following acts: <Amended on Jan. 28, 2014> |
| 1. | The act of the author of a publication, or the representative, an agent, employee, or other servant of a publishing company, unfairly buying such publication, or a publishing company unlawfully compelling the author of such publication or persons related to such publishing company to buy such publication for the purpose of increasing sales of the publication; |
| 2. | The act of retailers, such as bookstores, openly announcing the sales of a publication, knowing full well that the author of such publication or the representative, etc. of a publishing company has committed an act referred to in subparagraph 1; |
| 3. | Other acts violating matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in order to maintain orderly distribution of publications. |
| (2) | Where the Minister of Culture, Sports and Tourism or a Mayor/Do Governor deems it necessary to ensure sound, orderly distribution of publications, he or she may take the following measures against publishing companies, printing companies, business entities related to the distribution of publications, and other persons prescribed by Presidential Decree: <Amended on Jan. 28, 2014; Dec. 3, 2019> |
| 1. | An order to report business affairs; |
| 2. | An order to submit materials related to publishing and distribution of publications, such as the details of publishing and printing, delivery and shipping-out, and transactions and sales of publications, and other materials necessary for maintaining the order of distribution of publications; |
| 3. | An order to exclude publications from the computation of total book sales; |
| 4. | Requiring public officials of the relevant authorities to access relevant sites or to examine documents; |
| 5. | Other measures prescribed by Presidential Decree, required to ensure the sound, orderly distribution of publications. |
| (3) | The Minister of Culture, Sports and Tourism may entrust affairs under paragraph (2) to a corporation or organization prescribed by Presidential Decree. In such cases, a person who conducts such entrusted affairs shall be deemed a public official. <Newly Inserted on Jan. 28, 2014> |
| (4) | Any person who accesses the relevant sites or examines documents pursuant to paragraph (2) 4 shall carry an identification indicating his or her authority and present it to interested persons. <Newly Inserted on Jan. 28, 2014> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 24 Deleted. <Mar. 25, 2009> |
| Article 25 (Collection and Abolition of Illegally Reproduced Publications) |
| (1) | Where the Minister of Culture, Sports and Tourism, a Mayor/Do governor, or the head of a Si/Gun/Gu have found any of the following publications (hereinafter referred to as "illegally reproduced publications"), he or she may have relevant public officials under his or her control (hereinafter referred to as "relevant public officials") order the persons who have distributed illegally reproduced publications, etc. to collect or discard the relevant publications forthwith. In such cases, where persons ordered to collect or discard such publications have failed to comply therewith, he or she may have relevant public officials collect or discard them directly: |
| 1. | Publications which have been illegally reproduced without any consent of the copyright holder or publishing right holder or other justifiable rights in accordance with the Copyright Act; |
| (2) | Relevant public officials may, where deemed necessary for performing the duties under paragraph (1), gain access to the business place of persons who have distributed illegally reproduced publications, etc. or make inspections and ask questions. |
| (3) | When relevant public officials have collected or discarded illegally reproduced publications, etc. pursuant to the latter part, with the exception of the subparagraphs of paragraph (1), they shall immediately issue a written certificate to that effect to the distributors of illegally reproduced publications, etc. |
| (4) | Relevant public officials who issue an order to collect or discard illegally reproduced publications, etc. or who take measures to collect or discard under paragraph (1) shall carry an identification indicating their authority, and show it to interested parties. |
| (5) | Where deemed necessary for relevant public officials to collect or discard such publications pursuant to the latter part of the main body other than each subparagraph of paragraph (1), the Minister of Culture, Sports and Tourism, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request juristic persons or organizations as prescribed by Presidential Decree to render their cooperation. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 25-2 (Monetary Rewards) |
| (1) | The Minister of Culture, Sports and Tourism may pay a monetary reward, within budgetary limits, to any person who has reported a person who did an act referred to in Article 23 (1) 1 to a relevant administrative agency or who has informed an investigative agency of such person. |
| (2) | Matters concerning standards, methods, procedures, etc. for paying monetary rewards under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 26 (Delegation or Entrustment of Authority) |
Part of the authority of the Minister of Culture, Sports and Tourism vested under this Act may be delegated to the Mayors/Do Governors or be entrusted to the Promotion Agency or related juristic persons or organizations, as prescribed by Presidential Decree. <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Mar. 25, 2009]
| Article 27 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
| 1. | Members of the Commission and its employees who are engaged in deliberation; |
| 2. | Members of the subcommittees established under Article 20; |
| 3. | Officers and employees of corporations or organizations, who are engaged in services entrusted under Article 26. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 27-2 (Review of Restrictions) |
The Minister of Culture, Sports and Tourism shall review the relevance of the system for indicating fixed prices and selling publications at such prices (including the discount rate) under Article 22 and take necessary measures, such as the abolishment, deregulation, or maintenance of such system. [This Article Newly Inserted on May 20, 2014]
[Previous Article 27-2 Moved to Article 27-3 <May 20, 2014>]
CHAPTER VII PENTALTY PROVISIONS
| Article 27-3 (Penalty Provisions) |
Any person who commits an act prohibited under Article 23 (1) 1 shall be punished by imprisonment for up to two years or by a fine of up to 20 million won. [This Article Newly Inserted on Jan. 28, 2014]
[Moved from Article 27-2; Previous Article 27-3 moved to Article 27-4 <May 20, 2014>]
| Article 27-4 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee, or other servant of a corporation or individual commits an offense referred to in Article 27-3 relating to affairs of such corporation or individual, not only shall such offender be punished, but the corporation or individual shall also be punished by a fine referred to in the relevant provisions: Provided, That the foregoing shall not apply where the corporation or individual has not neglected to pay due attention to and exercise reasonable supervision over the relevant affairs to prevent such offense. <Amended on May 20, 2014> [This Article Newly Inserted on Jan. 28, 2014]
[Moved from Article 27-3 <May 20, 2014>]
| Article 28 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine of up to three million won: <Amended on Jan. 26, 2012; Jan. 28, 2014; May 20, 2014> |
| 1. | A person who performs any of the business activities of a publishing company without filing a report, in violation of Article 9 (1); |
| 2. | Deleted; <Jan. 26, 2012> |
| 3. | Deleted; <Jan. 26, 2012> |
| 4. | Deleted; <Jan. 26, 2012> |
| 5. | A person who fails to indicate a fixed price on a publication, in violation of Article 22 (1) or (2), or fails to indicate a fixed price in the bibliographic information or on a sales website, in violation of paragraph (3) of the same Article; |
| 5-2. | A person who sells a publication in violation of Article 22 (4) or (5); |
| 6. | A person who commits a prohibited act in violation of Article 23 (1) 2 or 3, or who has failed to comply with an order related to distribution under paragraph (2); |
| 7. | A person who fails to comply with an order to collect or discard any illegally reproduced publication, etc. in violation of the former part of Article 25 (1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree: Provided, That administrative fines under paragraph (1) 1, 5 and 5-2 shall be imposed and collected by the Mayor, etc. having jurisdiction thereover, and administrative fines under paragraph (1) 7 shall be imposed and collected by the Minister of Culture, Sports and Tourism, Mayors/Do Governors or the heads of Sis/Guns/Gus. <Amended on Jan. 26, 2012; Jan. 28, 2014; Mar. 21, 2017> |
[This Article Wholly Amended on Mar. 25, 2009]
ADDENDA <Act No. 6721, Aug. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Deleted. <by Act No. 8533, Jul. 19, 2007>
Article 3 (Annulment, etc. of Other Acts)
Article 4 (Transitional Measures concerning Report on Publishing and Printing Companies)
Any publishing company or printing company registered under the previous provisions at the time this Act enters into force shall be deemed to have been reported as a publishing company or printing company under this Act.
Article 5 (Transitional Measures concerning Recommendations for Import of Publications)
| (1) | Any import recommendation made by the Minister of Culture and Tourism or any application made for import recommendation to the Minister of Culture and Tourism under the previous provisions at the time this Act enters into force, shall be deemed to be an act by the Minister of Culture and Tourism or an act in relation to the said Minister under this Act. |
| (2) | In cases where an application for recommendation for import of foreign publications has been filed with the Minister of Culture and Tourism under the previous provisions at the time this Act enters into force, the previous provisions shall govern. |
Article 6 (Transitional Measures concerning Establishment, etc. of Korea Publication Ethics Commission)
| (1) | The Korea Publication Ethics Commission established under Article 45 of the Youth Protection Act at the time this Act enters into force (hereafter in this Article, referred to as the "former Commission"), shall be deemed to be the Korea Publication Ethics Commission under Article 16 (hereafter in this Article, referred to as the "newly-established Commission"). |
| (2) | Members and officers of the former Commission who hold office at the time this Act enters into force shall be deemed to have been commissioned or appointed as members and officers of the newly-established Commission under this Act, and the term of office of such members and officers shall be reckoned from the day of commencing the previous term of office, and the chairperson and vice chairperson of the former Commission shall be deemed to have been elected by mutual votes as the chairperson and vice chairperson of the newly-established Commission under this Act. |
| (3) | Any deliberation acts carried out by the former Commission under Article 45 of the previous Youth Protection Act before this Act enters into force or application for deliberation, etc. to the former Commission, shall be deemed to be an act of the newly-established Commission or an act in relation to the newly-established Commission under this Act. |
Article 7 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall govern any application of penalty provisions to acts committed before this Act enters into force.
Article 8 (Relations with Other Acts)
ADDENDA <Act No. 7366, Jan. 27, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Article 19-2 shall begin to apply to the first harmful publications determined after this Act enters into force. |
ADDENDA <Act No. 7421, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date when Presidential Decree concerning the organization of the National Youth Commission is implemented, within three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7799, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7941, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8533, Jul. 19, 2007>
Article 1 (Enforcement Date)
Article 2 (Transitional Measures concerning Reports of Publishing Companies)
Publishing companies which have made a report under the former Publication and Printing Promotion Act at the time this Act enters into force shall be deemed to have made a report under this Act. Article 3 (Transitional Measures concerning Korea Publication Ethics Commission and Deliberation Committee for Distribution of Publications)
| (1) | The Korea Publication Ethics Commission and the Deliberation Committee for Distribution of Publications established under Articles 16 and 24 of the former Publication and Printing Promotion Act at the time this Act enters into force shall be deemed to have been established under this Act, respectively. |
| (2) | Members of the Korea Publication Ethics Commission and the Deliberation Committee for Publication Distribution who hold official positions at the time this Act enters into force shall be deemed to have been commissioned under this Act. Their terms of office shall be reckoned from a date on which such members have been commissioned under the former Publication and Printing Promotion Act. |
Article 4 (Transitional Measures concerning Plans to Promote Publishing and Printing Industry)
Publishing-related parts of plans to promote publishing and printing industry, which have been established under Article 4 of the former Publication and Printing Promotion Act at the time this Act enters into force, shall be deemed plans to promote publishing industry established under this Act. Article 5 Omitted.
Article 6 (Relations with Other Acts)
In cases where the former Publication and Printing Promotion Act or its provisions are cited in other Acts and subordinate statutes at the time this Act enters into force, if any corresponding provisions exist in this Act, this Act or the corresponding provisions thereof shall be deemed to have been cited, in lieu of the previous provisions.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9530, Mar. 25, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) When applying provisions on administrative fines to any acts which have been committed before this Act enters into force, the previous provisions shall govern such acts. |
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10108, Mar. 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Article 2 (Transitional Measures concerning Literature Translation Institute of Korea)
Literature Translation Institute of Korea which has been established pursuant to Article 38 of the former Culture and Arts Promotion Act at the time when this Act enters into force shall be considered to be Literature Translation Institute of Korea established pursuant to the amended provisions of Article 20-2. Article 3 Omitted.
ADDENDA <Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11229, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the part concerning the Mayor of a Special Self-Governing City among the amended provisions of Articles 4 (4) and 28 (3) shall enter into force on July 1, 2012, and Article 2 of the Addenda shall enter into force on the date of its promulgation. Article 2 (Procedures, etc. for Establishment of Promotion Agency)
| (1) | In order to handle business affairs concerning the establishment of the Promotion Agency, the Minister of Culture, Sports and Tourism shall establish an Office for the Promotion of Establishment of the Promotion Agency (hereinafter referred to as the "Office for the Promotion of Establishment"). |
| (2) | The Office for the Promotion of Establishment shall be comprised of up to five founding members entrusted by the Minister of Culture, Sports and Tourism. |
| (3) | The Office for the Promotion of Establishment shall transfer its business affairs to the president of the Promotion Agency after formulating articles of incorporation of the Promotion Agency, obtaining approval therefor from the Minister of Culture, Sports and Tourism, and making registration of the establishment of the Promotion Agency with an application bearing signatures of the establishment members. |
| (4) | When the transfer of business affairs under paragraph (3) has been completed, the Office for the Promotion of Establishment and the establishment members shall be deemed to be dissolved or de-commissioned. |
| (5) | If the Promotion Agency has not been established until the date this Act enters into force, the Office for the Promotion of Establishment shall perform the duties of the Promotion Agency as proxy from the date this Act enters into force until the Office for the Promotion of Establishment is established. |
Article 3 (Applicability)
The amended provisions of Articles 12 through 15 and 22 shall apply to the publications published, imported or cleared through customs on or after the date this Act enters into force. Article 4 (Transitional Measures following Establishment of Promotion Agency)
| (1) | The Korea Publication Ethics Commission under previous Article 16 (hereinafter referred to as the "Korea Publication Ethics Commission") shall be deemed to have been dissolved at the time the establishment of the Promotion Agency is registered as prescribed in Article 2 (3) of the Addenda. |
| (2) | The rights, obligations and property of the Korea Publication Ethics Commission shall be comprehensively succeeded by the Promotion Agency simultaneously with the establishment of the Promotion Agency. |
| (3) | Acts performed by or in regards to the Korea Publication Ethics Commission before the establishment of the Korea Publication Ethics Commission shall be deemed acts performed by or in regards to the Publication Ethics Commission. |
| (4) | The Promotion Agency may perform acts concerning its property, rights and obligations after the establishment of the Promotion Agency until the time this Act enters into force. |
Article 5 (Transitional Measures concerning Administrative Fines)
The previous provisions concerning administrative fines shall apply to any acts committed before this Act enters into force.
Article 6 Omitted.
ADDENDA <Act No. 12355, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Payment of Rewards)
The amended provisions of Article 25-2 shall apply beginning with the first person who reports an offense after this Act enters into force. Article 3 (Transitional Measures concerning Administrative Fines)
When the provisions on administrative fines apply to acts performed before this Act enters into force, the former provisions shall apply thereto.
ADDENDA <Act No. 12603, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provision of Article 27-2 shall apply as at the time this Act enters into force.
ADDENDA <Act No. 13308, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Cancellation Ex Officio of Reported Matters)
The amended provisions of Article 11 shall begin to apply to the first case where the closure of business is reported to the head of the competent tax office or he/she cancels business registration under Article 8 of the Value-Added Tax Act.
ADDENDA <Act No. 13961, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14636, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Report on Publishing Business, etc.)
The amended provisions of Article 9 (2) and (3) shall begin to apply from a report or report on changes filed after this Act enters into force.
ADDENDUM <Act No. 16065, Dec. 24, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16693, Dec. 3, 2019>
This Act shall enter into force three months after the date of its promulgation.