FRAMEWORK ACT ON CULTURE
Act No. 12134, Dec. 30, 2013
Amended by Act No. 14203, May 29, 2016
Act No. 15061, Nov. 28, 2017
Act No. 16593, Nov. 26, 2019
The purpose of this Act is to prescribe the rights of citizens and the responsibility of the State and local governments concerning culture; and fundamental matters necessary for direction-setting and implementing cultural policies, thereby reinforcing the value and status of culture which can improve the quality of life and play a significant role in developing the State and society.
| Article 2 (Fundamental Ideas) |
The fundamental ideas of this Act are to recognize the significance of culture in developing a democratic nation and enhancing the quality of life for individual citizens; to ensure that the State and local governments perform their roles to spread the value of culture into all social spheres, such as education, environment, human rights, welfare, politics, economy, and leasure; to ensure that individuals are not discriminated against in cultural expressions and activities; and to realize the principles of variety, autonomy, and creativity of culture harmoniously.
The term “culture” used in this Act means all mental, physical, intellectual, and emotional characteristics inherent to any society or members thereof, including cultural arts, ways of life, community lifestyles, value systems, traditions, and convictions.
| Article 4 (Rights of Citizens) |
Every citizen shall have rights to freely create culture, participate in cultural activities, and enjoy culture (hereinafter referred to as “cultural rights”) without being discriminated against in cultural expressions and activities, regardless of gender, religion, ethics, generation, region, political opinion, social status, economic position, physical condition, etc.. <Amended on Nov. 28, 2017>
| Article 5 (Responsibility of the State and Local Governments) |
| (1) | To guarantee cultural rights of citizens, the State shall formulate and implement policies for promoting culture; and, to this end, shall endeavor to increase and operate funds efficiently. |
| (2) | The State shall endeavor to respect the culture-related plans, policies, and resources of local governments; and to achieve balanced cultural development by narrowing regional cultural gaps. |
| (3) | The State and local governments shall implement policies necessary to increase opportunities for enjoyment of culture of culturally underprivileged people who can not enjoy culture due to economic, social, and geographical restraints, etc.; and to encourage such people to conduct cultural activities. |
| (4) | When formulating various plans and polices, the State and local governments shall evaluate the impacts of such plans and policies on the quality of life of citizens from a cultural perspective (hereinafter in this Article, referred to as “cultural impact evaluation”) to spread cultural values into society. |
| (5) | Matters necessary for the targets, procedures, and methods for cultural impact evaluation, shall be prescribed by Presidential Decree. |
| Article 6 (Relations to Other Acts) |
| (1) | Other Acts on culture shall be enacted or amended pursuant to the purpose and fundamental ideas of this Act. |
| (2) | The State and local governments shall apply this Act when formulating and implementing culture-related polices, except as otherwise expressly prescribed in any other Act. |
| Article 7 (Fundamental Principles in Formulating and Implementing Cultural Policies) |
The State and local governments shall take the following in full consideration when formulating and implementing cultural policies:
| 1. | Respecting cultural variety and autonomy; and spreading creativity of culture; |
| 2. | Providing support and creating conditions to enhance cultural capabilities of both citizens and the State; |
| 3. | Enlarging opportunities to participate in cultural activities and receive cultural education; and ensuring freedom to create culture; |
| 4. | Promoting cultural welfare without discrimination; |
| 5. | Respecting the value of culture; and enhancing the dynamics of culture; |
| 6. | Promoting international cultural exchanges and cooperations. |
| Article 8 (Formulation of Fundamental Plan for Cultural Promotion) |
| (1) | The State shall formulate a fundamental plan for promoting culture (hereinafter referred to as “fundamental plan”) every five years to promote culture. <Amended on Nov. 26, 2019> |
| (2) | A fundamental plan shall be formulated by the Minister of Culture, Sports and Tourism following consultation with the relevant central administrative agencies, as prescribed by Presidential Decree. |
| (3) | A fundamental plan shall including the following matters: |
| 1. | Objectives and direction-setting for national cultural development; |
| 2. | Basic direction-setting for cultural policies for promoting culture; |
| 3. | Matters concerning creating foundations for promoting culture, such as establishing legislations and systems therefor; |
| 4. | Cultural policies related to the matters referred to in each subparagraph of Article 9; |
| 5. | Matters concerning policies for improving the quality of cultural life for citizens; |
| 6. | Matters concerning strengthening cultural rights; |
| 7. | Matters concerning creating and utilizing cultural and leisure facilities; |
| 8. | Matters concerning fostering culture-related personnel and progressive education on culture; |
| 9. | Matters concerning surveying, researching, and developing policies on culture; |
| 10. | Matters concerning raising and operating funds for promoting culture; |
| 11. | Other matters prescribed by Presidential Decree, necessary for promoting culture. |
| (4) | Deleted. <Nov. 26, 2019> |
| (5) | Deleted. <Nov. 26, 2019> |
[Title Amended on Nov. 26, 2019]
| Article 8-2 (Formulation of Annual Implementation Plan) |
| (1) | The head of relevant competent central administrative agencies shall formulate an annual implementation plan for cultural promotion (hereinafter referred to as "implementation plan") in accordance with a fundamental plan. |
| (2) | The heads of relevant central administrative agencies shall submit an implementation plan for the relevant year and the implementation outcomes for the preceding year to the Minister of Culture, Sports and Tourism each year, as prescribed by Presidential Decree. |
| (3) | Other matters necessary for formulating and implementing an implementation plan, submitting the implementation outcomes, etc., shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 9 (Implementation of Cultural Policies by Field for Promoting Culture) |
The State and local governments shall endeavor to formulate and implement cultural policies concerning the following to promote culture:
| 1. | Conserving and utilizing cultural heritage and traditional culture; |
| 2. | Developing and conserving Korean Language; |
| 3. | Promoting cultural arts; |
| 4. | Promoting cultural industry; |
| 5. | Developing and utilizing cultural resources; |
| 6. | Promoting cultural welfare; |
| 7. | Encouraging leisure and culture industry; |
| 8. | Managing and creating cultural landscapes; |
| 9. | Encouraging international cultural exchanges and cooperations; |
| 10. | Encouraging regional culture; |
| 11. | Encouraging cultural exchanges between the South and the North in the Korean peninsula. |
| Article 10 (Fosterage of Cultural Personnel) |
| (1) | The State and local governments shall create foundations for fostering cultural personnel; and shall implement policies necessary therefor. |
| (2) | The State and local governments shall conduct education to spread cultural values and promote culture. |
| Article 11 (Survey, Research, and Development for Promoting Culture) |
| (1) | The State and local governments shall survey and research the actual cultural enjoyment to increase the rights of citizens in the enjoyment of culture by improving the quality of life of citizens and narrowing regional cultural gaps. |
| (2) | The State and local governments shall encourage surveying, researching, and developing cultural policies for promoting culture; and shall take measures to implement such policies. |
| (3) | The State and local governments may designate and operate an exclusive institution specializing in surveying, researching, and developing cultural policies; and an exclusive institution in charge of cultural informatization providing support thereto, as prescribed by Presidential Decree. |
| Article 11-2 (Establishment of the Korea Culture and Tourism Institute) |
| (1) | The Korea Culture and Tourism Institute (hereinafter referred to as “the Institute”), shall be established to conduct research, survey, and evaluation on developing cultural arts and promoting the cultural industry and tourism. |
| (2) | The Institute shall be a corporation. |
| (3) | The Institute shall have executive officers and employees, as prescribed by its articles of incorporation. |
| (4) | The Government may subsidize necessary expenses for operating, etc., of the Institute, within budgetary limits. |
| (5) | The Institute shall perform the following projects to achieve its purpose of establishment: |
| 1. | Survey and research on promoting cultural arts and fostering the cultural industry; |
| 2. | Survey, evaluation, and research on cultural tourism; |
| 3. | Survey and research on creating environment for cultural welfare; |
| 4. | Survey and research on promoting traditional culture and life culture; |
| 5. | Survey and research on the leisure and culture industry; |
| 6. | Research on the cultural arts of the North in the Korean Peninsula; |
| 7. | Projects for exchanges and research cooperations with domestic and international research institutes; and with international organizations; |
| 8. | Production, analysis, and service of policy information and statistics related to cultural arts, cultural industry, and tourism; |
| 9. | Publication and publicity of the outcomes of survey and research; |
| 10. | Other projects necessary to achieve the purpose of establishing the Institute. |
| (7) | No person, other than the Institute referred to in this Act, shall use the name “the Korea Culture and Tourism Institute” or any similar name. |
[This Article Newly Inserted on May 29, 2016]
| Article 12 (Cultural Events) |
| (1) | The month of October each year shall be designated as the Cultural Month to enhance cultural awareness and understanding and attract proactive participation in cultural activities; and the third Saturday of October each year shall be designated as a Cultural Day. |
| (2) | The Minister of Culture, Sports and Tourism may designate and operate cultural days additionally for citizens to participate in cultural activities in daily life, in addition to events held under paragraph (1). <Amended on May 29, 2016> |
| (3) | Matters concerning events in the Cultural Month and cultural days and concerning the designation and operation of cultural days, shall be prescribed by Presidential Decree. <Newly Inserted on May 29, 2016> |
[Title Amended on May 29, 2016]
| Article 12-2 (Reporting to National Assembly) |
The Minister of Culture, Sports and Tourism shall finalize a fundamental plan, an implementation plan for the relevant year, and the implementation outcomes for the preceding year and submit them to the competent standing committee of the National Assembly without delay.
[This Article Newly Inserted on Nov. 26, 2019]
| Article 13 (Financial Support of Culture Promoting Projects) |
| (1) | The State and local governments shall provide necessary financial support to culture promoting projects, within budgetary limits. |
| (2) | The State shall endeavor to establish systems and conditions for raising funds and encouraging donations from the private sector to promote culture. |
| Article 13-2 (Administrative Fines) |
| (1) | A person who uses the name “the Korea Culture and Tourism Institute” or its similar name, in violation of Article 11-2 (7), shall be subject to administrative fines not exceeding one million won. |
| (2) | The Minister of Culture, Sports and Tourism shall impose and collect administrative fines under paragraph (1). |
[This Article Newly Inserted on May 29, 2016]
ADDENDA <Act No. 12134, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 14203, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure Concerning the Korea Culture and Tourism Institute)
The Korea Culture and Tourism Institute established as the foundation incorporated pursuant to the Civil Act, as at the time this Act enters into force, shall be deemed the Institute established pursuant to the amended provisions of Article 11-2.
ADDENDUM <Act No. 15061, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16593, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting to the National Assembly)
The amended provisions of Article 12-2 shall apply starting from the first fundamental plan and the first implementation plan formulated after this Act enters into force.