CULTURE AND ARTS PROMOTION ACT
Wholly Amended by Act No. 8345, Apr. 11, 2007
Amended by Act No. 8846, Jan. 17, 2008
Act No. 8852, Feb. 29, 2008
Act No. 10108, Mar. 17, 2010
Act No. 11313, Feb. 17, 2012
Act No. 11901, Jul. 16, 2013
Act No. 12134, Dec. 30, 2013
Act No. 12354, Jan. 28, 2014
Act No. 13962, Feb. 3, 2016
Act No. 14429, Dec. 20, 2016
Act No. 15638, jun. 12, 2018
Act No. 15816, Oct. 16, 2018
Act No. 16595, Nov. 26, 2019
Act No. 17408, jun. 9, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the development of national culture through succession to traditional culture and arts and creation of a new culture by supporting projects and activities aimed at promoting culture and arts.
| (1) | The terms used in this Act are defined as follows: <Amended on Feb. 17, 2012; Jul, 16, 2013; Dec. 20, 2016; Jun. 12, 2018> |
| 1. | The term "culture and arts" means literature, fine arts (including applied fine arts), music, dance, drama, motion pictures, entertainments, Korean classical music, photographs, architecture, linguistics, publication, and cartoons; |
| 2. | The term "cultural industry" means engaging, as a profession, in the business of planning, production, performance, exhibition, and sale of any creative works or articles of culture and arts by industrial means; |
| 3. | The term "cultural facilities" means the following facilities that are continuously used for cultural and art activities: |
| (d) | Complex facilities which combine performance facilities such as culture and arts center and other culture facilities; |
| (e) | Facilities available for public use as places for creative activities of artists, or established for performance or display, etc. of creative works of artists; |
| (f) | Other facilities prescribed by Presidential Decree; |
| 4. | The term “culture voucher” means a token on which a certain amount of money or quantity is stated (including records by electronic and magnetic means; hereinafter the same shall apply), with which the culturally marginalized people may enjoy benefits of watching or using culture and arts programs such as performance, exhibition, movies, books and records, or going on a trip or engaging in sports activities. |
| (2) | Kinds of cultural facilities may be subdivided as prescribed by Presidential Decree. <Amended on Feb. 17, 2012> |
| Article 3 (Policy Measures and Encouragement) |
| (1) | The State and local governments shall devise policy measures to promote culture and arts, and encourage, protect, and foster the cultural and art activities of citizens, and actively create financial resources required therefor. |
| (2) | The policy measures for the promotion of culture and arts under paragraph (1) shall include matters on the development and dissemination of a sound culture of everyday life for the qualitative improvement of national life-style. |
| (3) | When the State and local governments intend to establish the policy measures under paragraph (1), they shall hear in advance the opinions of culture and art institutions and organizations. |
| (4) | Related institutions and organizations shall cooperate upon a request of the Minister of Culture, Sports and Tourism or the head of a local government as to the execution of the policy measures and programs concerning the promotion of culture and arts under paragraph (1). <Amended on Feb. 29, 2008> |
| Article 4 Deleted. <Jan. 28, 2014> |
| Article 4-2 (Fact-Finding Surveys on Cultural Facilities and Relevant Statistics) |
| (1) | The Minister of Culture, Sports and Tourism shall conduct fact-finding surveys on the current status, etc. of the operation of cultural facilities to efficiently formulate and implement policies necessary for the promotion of culture and arts and the establishment and use of cultural facilities. |
| (2) | The Minister of Culture, Sports and Tourism shall produce, manage and announce statistics on cultural facilities by referring to the findings of the fact-finding surveys conducted under paragraph (1); and may consult with the Commissioner of the Statistics Korea, if necessary. |
| (3) | Where necessary for the production of statistics under paragraph (2), the Minister of Culture, Sports and Tourism may request the heads of relevant central administrative agencies, the heads of local governments, etc. to provide data. In such cases, the heads of the relevant central administrative agencies, etc. shall comply, in the absence of good cause. |
| (4) | Such matters as the cycle, scope, method, etc. of the fact-finding surveys referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 16, 2018]
CHAPTER II ESTABLISHMENT OF SPACE FOR CULTURE AND ARTS
| Article 5 (Encouragement of Establishment of Space for Culture and Arts) |
| (1) | For the purposes of promoting cultural and art activities and expanding the opportunity for the people to enjoy culture, the State and local governments shall take policy measures to establish cultural facilities and have such facilities utilized by citizens. |
| (2) | The State and local governments shall encourage owners of large buildings prescribed by Presidential Decree to establish cultural facilities therein. |
| (3) | If it is necessary to facilitate the efficient management and utilization of the cultural facilities referred to in paragraph (1), the State and local governments may entrust the management of such cultural facilities to nonprofit corporations, organizations or individuals. |
| Article 6 (Training of Experts) |
The State and local governments shall endeavor to train experts in planning and management necessary to operate cultural facilities in a professional manner.
| Article 7 (Designation and Cultivation of Corporations and Organizations Dedicated to Arts) |
| (1) | The State and local governments (limited to “Si/ Do”; hereinafter the same shall apply in this Article) may designate, support and cultivate corporations and organizations dedicated to the arts (hereinafter referred to as “corporations and organizations dedicated to arts”) to promote culture and arts. |
| (2) | When the State or a local government intends to designate any corporation or organization dedicated to arts in accordance with paragraph (1), it shall designate it from among nonprofit corporations or organizations falling under any of the following subparagraphs: |
| 1. | Nonprofit corporations or organizations with the main purpose of the operation of performance venues or art companies which have been installed or established by the State or local governments; |
| 2. | Nonprofit corporations or organizations with the main purpose of the exhibition, performance, planning, and artwork production in connection with fine arts, music, dance, drama, Korean classical music, and photographs; |
| 3. | Nonprofit corporations or organizations with the main purpose of the operation of facilities used for performance or exhibition; |
| 4. | Nonprofit corporations which have been established by the State or local governments to support projects and activities for promoting culture and arts; |
| 5. | Other nonprofit corporations or organizations related with culture and arts in conformity with the standards prescribed by Presidential Decree. |
| (3) | Any person who intends to be designated as a corporation or organization dedicated to arts in accordance with paragraph (1) shall prepare a written application for designation and submit it to the Minister of Culture, Sports and Tourism or a Mayor/Do Governor. When the person intends to modify the details of designation, the same shall apply. |
| (4) | In cases where corporations or organizations dedicated to arts designated under paragraph (1) fall under any of the following subparagraphs, the Minister of Culture, Sports and Tourism or a Mayor/Do Governor may cancel his/her designation. Provided, That in cases falling under subparagraph 1, the designation thereof shall be canceled: |
| 1. | Where it has been designated through any act of deceit or other unjustifiable means; |
| 2. | Where it fails to meet the standards prescribed by Presidential Decree, such as poor achievement in artistic activities; |
| 3. | Where it falls under other acts prescribed by Presidential Decree, such as a breach of order in an exhibition and performance. |
| (6) | If necessary for support for corporations or organizations dedicated to arts, the State and local governments may request such corporations or organizations to submit the relevant data. In such cases, corporations or organizations dedicated to arts upon receipt of request for submission of data shall comply with such requests except in extenuating circumstances. |
| (7) | Necessary matters concerning methods and procedures for the designation, and the cancellation of designation, of corporations or organizations dedicated to the arts under paragraph (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 25, 2011]
| Article 8 Deleted. <Jan. 28, 2014> |
| Article 9 (Installation, etc. of Art Work at Buildings) |
| (1) | Any person who intends to construct (hereinafter referred to as “building owner”) any building in the category or not less than the size prescribed by Presidential Decree shall spend an amount at a specified ratio of the construction cost of the building on the installation of art works, such as pictures, sculptures, crafts, etc. <Amended on May 25, 2011> |
| (2) | A building owner (excluding the State and local governments) may contribute the amount at a certain ratio of the construction cost to the fund for the promotion of culture and arts under Article 16, instead of using it for installing art works in accordance with paragraph (1). <Newly Inserted on May 25, 2011> |
| (3) | The amount to be spent for the installation of art works or contribution to the fund for the promotion of culture and arts under paragraph (1) or (2) shall be prescribed by Presidential Decree, within the scope of not exceeding 1/100 of the construction cost of the building. <Amended on May 25, 2011> |
| (4) | Necessary matters concerning procedures for and methods of installing works of art referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended on May 25, 2011> |
[Title Amended on May 25, 2011]
CHAPTER III PROMOTION OF CULTURE AND ART WELFARE
| Article 10 Deleted. <Dec. 30, 2013> |
| Article 11 (Payment, etc. of Subsidies) |
| (1) | The State may grant subsidies or award prizes to those who have rendered remarkably distinguished services to the promotion of culture and arts and those who have won prizes at international contests prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), neither subsidy nor prize referred to in paragraph (1) shall be paid or awarded to a person who was sentenced to a punishment or medical treatment and custody for any of the following crimes and for whom such punishment or medical treatment and custody has become final and conclusive: |
[This Article Wholly Amended on Nov. 26, 2019]
| Article 12 (Opening Cultural Courses) |
| (1) | The State and local governments may disseminate culture and arts by designating any institution or organization to open a cultural course for the purpose of enabling citizens to enjoy high culture and arts. |
| (2) | The designation of any institution or organization in which a cultural course is to be opened under paragraph (1) and procedures therefor shall be prescribed by Presidential Decree. |
| (3) | The State and local governments may subsidize expenses incurred in opening and operating a cultural course. |
| Article 13 (Promotion of Culture and Arts in Schools, etc.) |
The State and local governments shall encourage schools and workplace to form at least one club for cultural and art activities comprised of students, staff, and other employees, to cultivate their sentiments and culture, and if necessary for fostering such groups, they may partially subsidize expenses for their activities to foster such clubs.
| Article 14 (Fostering and Support of Cultural Industry) |
| (1) | For the purpose of promoting culture and arts, the State and local governments shall devise necessary measures, including policy measures for fostering the cultural industry, arrangement of loan, support for the introduction and dissemination of technology, and other matters. |
| (2) | When the Minister of Culture, Sports and Tourism intends to formulate policy measures for fostering the cultural industry under paragraph (1), he/she shall consult in advance with the heads of the relevant central administrative agencies. <Amended on Feb. 29, 2008> |
| Article 15 (Certification Systems for Gift Voucher for Exclusive Use for Books and Culture) |
| (1) | The State may certify a gift voucher, the major purpose of use of which is to purchase books, or cultural and arts goods or services, in order to invigorate the creation and enjoyment activities of culture and arts, and devise measures to facilitate its use. |
| (2) | Necessary matters for criteria, procedures, etc. for certification of gift vouchers for exclusive use for books and culture under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 15-2 (Support for Cultural and Art Activities of Disabled Persons) |
| (1) | For the purposes of increasing cultural and art education opportunities for disabled persons, and encouraging and supporting cultural and art activities of disabled persons, the State and local governments shall devise necessary measures, including installation of relevant facilities. |
| (2) | For the purpose of enhancing cultural rights of disabled persons, the State and local governments may provide necessary assistance, such as subsidization of expenses for cultural and art projects and organizations of disabled persons. |
[This Article Newly Inserted on Jan. 17, 2008]
| Article 15-3 (Policy Measures to Promote Welfare on Culture and Arts for Culturally Marginalized People) |
The State and local governments shall work out policy measures necessary to expand opportunities for culturally marginalized people, who are not able to enjoy culture and arts due to economic, social, and geographical constraints, to enjoy culture and arts, and to promote their cultural and artistic activities.
[This Article Newly Inserted on Feb. 17, 2012]
| Article 15-4 (Provision and Management of Culture Vouchers) |
| (1) | The State and local governments may provide culture vouchers to the culturally marginalized people prescribed by Presidential Decree, such as beneficiaries under the National Basic Living Security Act, other low-income brackets, etc. |
| (2) | The State and local governments may request the head of a relevant administrative agency to provide materials prescribed by Presidential Decree, such as data on family relation certificate, national tax, local tax, land, buildings, health insurance, national pension, etc. necessary for confirming eligibility for a benefit of culture voucher and the propriety of qualification maintenance, and the head of the relevant administrative agency shall comply with such requests except in extenuating circumstances. Provided, That this shall not apply to matters confirmable through joint use of administrative information. |
| (4) | The State and local governments may designate an agency as prescribed by Presidential Decree which are dedicated to the effective performance of duties related to the culture voucher, such as issuance of the culture voucher and establishment and operation of an information system. |
| (5) | Except as otherwise provided for in paragraph (1) through (4), necessary matters for the provision and use of the culture voucher shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 17, 2012]
CHAPTER IV CULTURE AND ARTS PROMOTION FUND
| Article 16 (Establishment, etc. of Fund) |
| (1) | In order to assist projects or activities for promoting culture and arts, the Culture and Arts Promotion Fund shall be established. |
| (2) | The Culture and Arts Promotion Fund shall be operated and managed by the Arts Council Korea under Article 20, and shall be kept separately from other accounts. |
| (3) | Necessary matters for the operation and management of the Culture and Arts Promotion Fund shall be prescribed by Presidential Decree. |
| Article 17 (Creation of Culture and Arts Promotion Fund) |
| (1) | The Culture and Arts Promotion Fund shall be created from the following revenue sources: <Amended on May 25, 2011> |
| 1. | Contributions of the Government; |
| 2. | Donations collected from individuals or corporations; |
| 3. | Proceeds accruing from the operation of the Culture and Arts Promotion Fund; |
| 4. | Contributions from a building owner under Article 9 (2); |
| 5. | Other earnings prescribed by Presidential Decree. |
| (2) | The Arts Council Korea under Article 20 may receive donations pursuant to paragraph (1) 2. |
| (3) | Any person who makes donations under paragraph (1) 2 may do so specifying the purpose thereof, such as supporting for any specific organization or individual. |
| (4) | Upon receiving any donation under paragraph (2), the Arts Council Korea shall report the value and name thereof to the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008> |
| Article 18 (Purposes of Culture and Arts Promotion Fund) |
The Culture and Arts Promotion Fund shall be used for the support of the following projects and activities: <Amended on May 25, 2011; Jan. 28, 2014>
| 1. | Creation and dissemination of culture and arts; |
| 2. | Preservation, succession and development of traditional Korean culture; |
| 3. | Exchange of culture and arts between North and South Koreas; |
| 4. | International exchange of culture and arts; |
| 5. | Projects for promoting the welfare of those who are engaged in culture and arts; |
| 7. | Expenses incurred in the operation of the Arts Council Korea under Article 20; |
| 8. | Creation and dissemination of culture and arts for the marginalized classes of people such as the invalid; |
| 9. | Business for promotion of public arts (means to install and exhibit the works of art to the public in open places); |
| 10. | Other projects and activities of cultural facilities, such as support, fostering, etc. of libraries, which aim at promoting culture and arts. |
| Article 19 Deleted. <Jan. 28, 2014> |
CHAPTER V ARTS COUNCIL KOREA, ETC.
| Article 20 (Arts Council Korea) |
| (1) | For the purpose of supporting the projects and activities for promoting culture and arts, the Arts Council Korea (hereinafter referred to as the "Council") shall be established. |
| (2) | The Council shall be a corporation, and the provisions concerning incorporated foundations under the Civil Act shall apply mutatis mutandis to the Council, except as otherwise provided for in this Act. |
| Article 21 (Registration for Incorporation, etc.) |
| (1) | The Council shall be established by effecting the registration for incorporation in the place where its head office is located. |
| (2) | Necessary matters for the registration for incorporation, etc. shall be prescribed by Presidential Decree. |
| Article 22 (Articles of Association) |
| (1) | The articles of association of the Council shall include the following matters: |
| 3. | Matters concerning its head office; |
| 4. | Matters concerning its Council members; |
| 5. | Matters concerning its property and accounting; |
| 6. | Matters concerning the organization and operation of the Secretariat; |
| 7. | Matters concerning the amendment of the articles of association. |
| (2) | When the Council intends to prepare or amend its articles of association, it shall obtain authorization from the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| Article 23 (Composition of Council) |
| (1) | The Council shall be comprised of not more than eleven members (including one chairperson) commissioned by the Minister of Culture, Sports and Tourism from among persons with profound specialty and experience in culture and arts, and of high moral repute. <Amended on Feb. 29, 2008; May 25, 2011> |
| (2) | When the Minister of Culture, Sports and Tourism commissions the members under paragraph (1), such members shall be commissioned from among persons recommended by a plurality of the member recommendation committee comprised of persons commissioned by the Minister of Culture, Sports and Tourism. In such cases, the member recommendation committee shall be comprised of persons from each of the culture and arts fields, such as literature, fine arts, music, dance, stage performance, traditional arts, etc. as well as local figures shall be included in a well-balanced manner. <Amended on Feb. 29, 2008; May 25, 2011> |
| (3) | The members of the Council shall be deemed the directors of the Council. |
| (4) | Necessary matters concerning the methods and procedures for organizing the Council under paragraph (1) and the member recommendation committee under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 24 (Chairperson, etc.) |
| (1) | One chairperson shall be assigned in the Council. |
| (2) | The chairperson shall be elected among and by the Council members. <Amended on Jun. 9, 2020> |
| (3) | The chairperson shall represent the Council, and exercise overall control over its business. |
| (4) | When the chairperson is unable to perform his/her duties due to inevitable reasons, the member shall act for the chairperson in the order of seniority. |
| (5) | The members excluding the chairperson shall be non-standing. |
| Article 25 (Term of Office of Members) |
| (1) | The term of office of the chairperson and members shall be three years; and it may be extended only once. <Amended on Jun. 9, 2020> |
| (2) | Where any vacancy has occurred in the office of a member, the Minister of Culture, Sports and Tourism shall commission a new member; and the term of office of the new member shall be the remainder of that of his/her predecessor. <Amended on May 25, 2011; Jun. 9, 2020> |
| (3) | A member whose term of office has been completed shall perform his/her duties until his/her successor is appointed. |
| Article 26 (Treatment of Members and Prohibition of Concurrent Offices) |
| (1) | Remunerations shall be paid to the chairperson, and a member who is not the chairperson shall be a honorary position, but actual expenses, such as those for performing his/her duties, may be paid pursuant to the Council’s regulations. |
| (2) | Except as otherwise provided for in the Council’s regulations, the chairperson shall not concurrently take other profit-making duties. |
| Article 27 (Grounds for Disqualification for Members) |
No person falling under any of the following subparagraphs may become a member of the Council: <Amended on May 25, 2011>
| Article 28 (Prohibition of Participation) |
No member of the Council shall participate in deliberation on and resolution for matters related to the interests of the member himself/herself or his/her relatives under Article 777 of the Civil Act.
| Article 29 (Independence of Members on Duties, etc.) |
| (1) | No member of the Council shall be subject to any external instructions or interventions on duties during their term of office. |
| (2) | Members of the Council shall conscientiously perform their duties to ensure the diversity and balanced development of culture and arts. |
| (3) | No member of the Council shall be dismissed against their will except any of the following cases: |
| 1. | Where they fall under the grounds for disqualification under Article 27; |
| 2. | Where they become unable to perform their duties due to physical and mental disorder. |
| Article 30 (Functions of Council) |
| (1) | The Council shall deliberate on and resolve the following matters: |
| 1. | Matters concerning the establishment, modification, and execution of basic plans for supporting projects and activities for the promotion of culture and arts; |
| 2. | Matters concerning the establishment and execution of operating plans of the Council; |
| 3. | Matters concerning the enactment, amendment, and repeal of the articles of association and regulations of the Council; |
| 4. | Matters concerning the management and operation of the facilities possessed by the Council; |
| 5. | Matters concerning the management and operation of the Culture and Arts Promotion Fund; |
| 6. | Matters concerning investigations, research, education, and training for the effective implementation of projects for supporting the culture and arts; |
| 7. | Matters requested by three or more members for deliberation on and resolutions; |
| 8. | Other matters deemed by the Council as necessary for the promotion of culture and arts. |
| (2) | Where the Council deliberates on important matters concerning the management and operation of the Culture and Arts Promotion Fund under paragraph (1) 5, the Council shall be deemed the Deliberative Committee on Fund Management under Article 74 (1) of the National Finance Act. |
| Article 31 (Meetings, etc. of Council) |
| (1) | Meetings of the Council shall be convened by the chairperson or at the request of more than 1/3 of all incumbent members. <Amended on May 25, 2011> |
| (2) | The resolution of a meeting of the Council shall require the consent of a majority of all incumbent members. <Amended on May 25, 2011> |
| (3) | Meetings of the Council (including subcommittees under Article 32; hereafter the same shall apply in this Article) shall be open to the public: Provided, That where the resolution has been made by the Council as it is necessary (limited to cases where the meetings for the support of the Culture and Arts Promotion Fund could injure a third person's reputation, if opened to the public), they shall not be open to the public. |
| (4) | The Council shall prepare the minutes under the Council's regulations. |
| Article 32 (Sub-committees) |
| (1) | Where necessary for performing the duties stipulated under each subparagraph of Article 30 (1), the Council may organize and operate a subcommittee. |
| (2) | A subcommittee shall be comprised of persons commissioned by the chairperson with the consent of the Council from among the specialists in the relevant fields, including one or more members nominated by the chairperson. |
| (3) | Necessary matters for the organization and operation of subcommittees shall be prescribed by the Council’s regulations. |
| (1) | The Secretariat shall be installed in the Council in order to assist the affairs of the Council. |
| (2) | One executive secretariat shall be assigned in the Secretariat, and he/she shall be appointed or dismissed by the chairperson with the consent of the Council. |
| (3) | The term of office of executive secretariat shall be three years. |
| (1) | One auditor shall be assigned in the Council in order to audit the matters concerning duties and accounting of the Council. |
| (2) | The auditor shall be appointed by the Minister of Culture, Sports and Tourism. <Amended on May 25, 2011; Jun. 9, 2020> |
| (3) | The auditor shall be a permanent post, and his/her term of office shall be two years, which may be extended on an annual basis. <Amended on May 25, 2011> |
| Article 35 (Assessment of Results) |
| (1) | The Minister of Culture, Sports and Tourism shall measure and evaluate the achievement of support by the Culture and Arts Promotion Fund for the projects and activities under the subparagraphs of Article 18, and notify the Council of the results thereof by the end of March of the following year. <Amended on Feb. 29, 2008> |
| (2) | The Minister of Culture, Sports and Tourism shall determine the performance target and the evaluation criteria in consultation with the Council in order to measure and evaluate the achievement under paragraph (1). <Amended on Feb. 29, 2008> |
| (3) | When the Minister of Culture, Sports and Tourism deems that there are matters requiring corrections based on the evaluation results of achievement under paragraph (1), he/she may demand the Council to correct such matters. <Amended on Feb. 29, 2008> |
| (4) | Necessary matters for the methods and procedures, etc. for the evaluation results of achievement shall be prescribed by Presidential Decree. |
| Article 36 (Organization of Consultation Body) |
The Council, the regional culture foundation, and the regional culture and arts council under Article 19 of the Regional Culture Promotion Act may organize and operate a mutual consultation body for consultation and coordination for the promotion of regional culture and arts, and matters necessary for the organization, etc. of the consultation body shall be prescribed by Presidential Decree. <Amended on Jan. 28, 2014>
| Article 37 (Seoul Arts Center) |
| (1) | The Seoul Arts Center shall be established for the purposes of developing culture and arts, expanding the opportunities for citizens to enjoy culture, and executing other projects for promoting culture and arts. |
| (2) | The Seoul Arts Center shall be a corporation. |
| (3) | The executive officers and necessary staff shall be assigned in the Seoul Arts Center pursuant to the articles of association. |
| (4) | If necessary for a smooth operation of the Seoul Arts Center, the State may gratuitously transfer the State property prescribed by Presidential Decree to the Seoul Arts Center, notwithstanding the State Property Act. |
| (5) | Except as otherwise provided for in this Act concerning the Seoul Arts Center, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis. |
| Article 38 (Federation of Korean Culture and Arts Center) |
| (1) | The culture and arts center may establish the Federation of Korean Culture and Arts Center (hereinafter referred to as “the Federation”) by obtaining authorization from the Minister of Culture, Sports and Tourism to increase mutual cooperation between the culture and arts centers and promote culture and arts. |
| (2) | The Federation shall be a corporation and shall be established by registration of incorporation at the place of main office. |
| (3) | With respect to matters pertaining to the Federation not prescribed by this Act, the provisions of the Civil Act concerning to the incorporated association shall apply mutatis mutandis. |
| (4) | The Federation shall have executive officers and employees as necessary in accordance with the prescription of articles of association. |
| (5) | The Federation may perform businesses described in the following subparagraphs to achieve the purpose of establishment referred to in paragraph (1): |
| 1. | Support to promote mutual cooperation between the culture and arts centers; |
| 2. | Education and training to enhance the qualification of employees of culture and arts centers; |
| 3. | Survey, research, and advertisement to promote the culture and arts centers; |
| 4. | Consultation and support to revitalize the operation of the culture and arts centers; |
| 5. | Domestic and international exchange concerning the culture and arts centers; |
| 6. | Projects commissioned by the state, local governments, public agencies, etc. such as supporting performance activities for the disadvantaged class of people by utilizing the culture and arts centers; |
| 7. | Other business necessary to achieve the purpose of the Federation’s establishment. |
| (6) | The Federation may conduct profit-making business to the extent that does not disrupt the purpose of establishment. Provided, That no profits thereof may be used for other purposes than the business projects referred to in paragraph (5). |
| (7) | The State may subsidize the Federation for expenses required for its operation and activities, within the budgetary limit. |
| (8) | Individuals, corporations, or organizations may donate or contribute money or other properties to the Federation to provide support for the establishment, facility, operation, and business of the Federation. |
[This Article Newly Inserted on Feb. 17, 2012]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 39 (State Subsidy) |
The State and local governments may fully or partially subsidize expenses incurred in any project, activity, or facility for the purpose of promoting any of the following matters within budgetary limits:
| 1. | Projects or activities for the promotion of culture and arts; |
| 2. | Operation of cultural and art institutions, corporations or organizations; |
| 3. | Installation and maintenance of cultural and art facilities; |
| 4. | Projects entrusted by the State or local governments under this Act. |
[This Article Wholly Amended on Feb. 3, 2016]
If it is required for the promotion of culture and arts, the Minister of Culture, Sports and Tourism may require the Seoul Arts Center and the Federation established under this Act to report matters concerning its affairs, accounting, and property, and have public officials under his/her jurisdiction conduct an inspection thereon. <Amended on Feb. 29, 2008; Mar. 17, 2010; Feb. 17, 2012>
| Article 41 (Delegation and Entrustment of Authority) |
The Minister of Culture, Sports and Tourism may delegate part of his/her authority under this Act, to the Mayor/Do Governor, or consign it to the Council or any other culture and art organization, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008>
ADDENDA <Act No. 8345, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 9 (4) of the Addenda shall enter into force on July 4, 2007. Article 2 (Validity Period of Provisions on Fund-Raising for Culture and Arts Promotion Fund)
| (1) | The amended provisions of Articles 19, 19-2, 22 (3) and (4) (referring only to the facilities for which fund-raising is possible with the approval of the Minister of Culture and Tourism from the persons who view or utilize the facilities stipulated by Municipal Ordinance from among the facilities, excepting the facilities listed in the subparagraphs of Article 19 (1)), and 28 (1) and (2) of the amendment to the Culture and Arts Promotion Act shall remain valid until December 31, 2003. |
| (2) | Even after the validity period pursuant to paragraph (1) has expired, an operator of facility subject to fund-raising and a person who has leased the facility shall pay the money that has been raised during the validity period, along with the relevant data to the Korean Culture and Arts Foundation or an operator of the facility subject to fund-raising, and an operator of the facility subject to fund-raising who has been received money and relevant data from a person who leased the facility shall pay the money and submit such data the Korean Culture and Arts Foundation even after the validity period has expired. |
| (3) | Even after the validity period of the relevant provisions pursuant to paragraph (1) has expired, a person who fails to perform the duty of fund-raising during the validity period without justifiable grounds and a person who fails to pay the raised money or submit relevant data or submits relevant data in falsity shall be punished by an administrative fine pursuant to the amended provisions of Article 28 of the amendment to the Culture and Arts Promotion Act. |
| (4) | A person who fails to pay raised money or to submit relevant data pursuant to paragraph (2) shall be punished by an administrative fine pursuant to the amended provisions of Article 28 of the amendment to the Culture and Arts Promotion Act. |
Article 3 (Applicability to Installation of Facility and Limitation on Business within Cultural Districts)
The amended provisions of Article 10-2 (4) of the amendment to the Culture and Arts Promotion Act shall not apply to the facility or business installed or operated in a cultural district designated as at the time the amendment to the Culture and Arts Promotion Act enters into force, and to the facility or business installed or operated in a cultural district as at the time the cultural district was designated: Provided, That this shall not apply to cases where the size of business place is enlarged. Article 4 (Succession to Property, Rights, Obligations, etc. of Seoul Arts Center)
| (1) | The Seoul Arts Center, an incorporated foundation, as at the time the amendment to the Culture and Arts Promotion Act enters into force shall be deemed to have been dissolved when the registration for establishment of the Seoul Arts Center is complete pursuant to Article 3 of Addenda of the amendment to the Culture and Arts Promotion Act, notwithstanding the provisions regarding the dissolution and liquidation of juristic persons from among the Civil Act. |
| (2) | The Seoul Arts Center pursuant to the amendment to the Culture and Arts Promotion Act shall succeed to all the rights, obligations and property of the Seoul Arts Center Foundation which is a incorporated foundation, on the date of registration for establishment. |
Article 5 (Succession to Property, Rights, Obligations, etc. of Arts Council Korea)
| (1) | The Arts Council Korea as at the time the amendment to the Culture and Arts Promotion Act enters into force shall be deemed to have been dissolved when the registration for establishment of the Arts Council Korea is complete pursuant to Article 2 of Addenda of the amendment to the Culture and Arts Promotion Act, notwithstanding the provisions regarding the dissolution and liquidation of juristic persons from among the Civil Act. |
| (2) | The Arts Council Korea pursuant to the amendment to the Culture and Arts Promotion Act shall succeed to all the rights, obligations and property of the Arts Council Korea on the date of registration for establishment. |
Article 6 (Succession to Property, Rights, Obligations, etc. of Korea Literature Translation Institute)
| (1) | The Korea Literature Translation Institute, an incorporated foundation, as at the time the amendment to the Culture and Arts Promotion Act enters into force shall be deemed to have been dissolved when the registration for establishment of the Korea Literature Translation Institute is complete pursuant to Article 4 of Addenda of the amendment to the Culture and Arts Promotion Act, notwithstanding the provisions regarding the dissolution and liquidation of juristic persons from among the Civil Act. |
| (2) | The Korea Literature Translation Institute pursuant to the amendment to the Culture and Arts Promotion Act shall succeed to all the rights, obligations and property of the Korea Literature Translation Institute which is a incorporated foundation, on the date of registration of establishment. |
Article 7 (General Transitional Measures concerning Dispositions)
Any acts by/against administrative agencies done under the former provisions as at the time this Act enters into force shall be deemed acts by/against administrative agencies done under this Act corresponding thereto.
Article 8 (Transitional Measures concerning Administrative Fines)
Application of an administrative fine for an act performed before this Act enters into force shall be governed by the former provisions.
Article 9 Omitted.
Article 11 (Relations with other Acts and Subordinate Statutes)
Where the former Culture and Arts Promotion Act or a provision thereof is cited in other Acts and statutes as at the time this Act enters into force, this Act or the corresponding provisions in this Act, if any, shall be deemed to have been cited in place of the former provisions.
ADDENDUM <Act No. 8846, Jan. 17, 2008>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10108, Mar. 17, 2010>
Article 1 (Provisions Concerning Delegation)
This Decree shall enter into force three months after the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Act No. 10725, Jun. 25, 2011>
Article 1 (Provisions Concerning Delegation)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Corporations, etc. Dedicated to Arts)
Any person who has been designated as a corporations and organization dedicated to arts in accordance with the previous provisions at the time when this Act enters into force is deemed to be designated in accordance with this Act. Provided, That profit corporations and organizations among persons designated as corporations and organizations dedicated to arts are deemed to be corporations and organizations dedicated to arts in accordance with this Act until the date when two years have passed from the date when this Act enters into force, notwithstanding the amended provisions of Article 7 (2). Article 3 (Transitional Measures concerning Executive Officers of Korean Culture and Arts Committee)
The executive officers of the Korean Culture and Arts Committee who are in office at the time when this Act enters into force are deemed to be commissioned by this Act, whose term of office shall be applied to the previous provisions.
ADDENDA <Act No. 11313, Feb. 17, 2012>
Article 1 (Provisions Concerning Delegation)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Federation of Korean Culture and Arts Center as Incorporated Association)
| (1) | The Federation of Korean Culture and Arts Center as an Incorporated Association which has been established by obtaining authorization from the Minister of Culture, Sports and Tourism in accordance with Article 32 of the Civil Act at the time when this Act enters into force shall obtain authorization from the Minister of Culture, Sports and Tourism by preparing articles of association under this Act within one month after this Act enters into force. |
| (2) | In the event that the Federation of Korean Culture and Arts Center as an Incorporated Association has obtained the authorization in accordance with paragraph (1), it shall register establishment of the Federation of Korean Culture and Arts Center under this Act. |
| (3) | In the event that the Federation of Korean Culture and Arts Center as an Incorporated Association has registered its establishment in accordance with paragraph (2), it is deemed to be dissolved, notwithstanding the provisions of the Civil Act concerning dissolution and liquidation of corporations. |
| (4) | The Federation under this Act shall succeed to all the rights and responsibilities, and property of the Federation of Korean Culture and Arts Center. |
| (5) | Executive officers and staff members including the chairperson of the Federation of Korean Culture and Arts Center at the time when this Act enters into force shall be regarded as executive officers and staff members of the Federation. The term of office of executive officers shall be calculated from the previous date when he/she was appointed. |
ADDENDA <Act No. 12134, Dec. 30, 2013>
Article 1 (Provisions Concerning Delegation)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 12354, Jan. 28, 2014>
Article 1 (Provisions Concerning Delegation)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13962, Feb. 3, 2016>
This Act shall enter into force on the date of promulgation.
ADDENDUM <Act No. 14429, Dec. 20, 2016>
This Article shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15638, Jun. 12, 2018>
This Act shall enter into force on the date of promulgation.
ADDENDUM <Act No. 15816, Oct. 16, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16595, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Granting of Subsidies or Awarding of Prizes)
The amended provisions of Article 11 (2) shall begin to apply to subsidies or prizes granted or awarded after this Act enters into force.
ADDENDA <Act No. 17408, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Chairpersons, Members, and Auditors of Arts Council Korea)
The chairpersons, members and auditors of the Arts Council Korea commissioned and appointed pursuant to previous Articles 23 through 25 and 34 as at the time this Act enters into force shall be deemed commissioned and appointed pursuant to the amended provisions of this Act until their terms of office expire.