PUBLIC PERFORMANCE ACT
Wholly Amended by Act No. 5924, Feb. 8, 1999
Amended by Act No. 6473, May 24, 2001
Act No. 6568, Dec. 31, 2001
Act No. 6632, Jan. 26, 2002
Act No. 7364, Jan. 27, 2005
Act No. 7943, Apr. 28, 2006
Act No. 7991, Sep. 27, 2006
Act No. 8345, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 10111, Mar. 17, 2010
Act No. 10723, May 25, 2011
Act No. 11048, Sep. 15, 2011
Act No. 12133, Dec. 30, 2013
Act No. 13298, May 18, 2015
Act No. 13726, Jan. 6, 2016
Act No. 13957, Feb. 3, 2016
Act No. 15055, Nov. 28, 2017
Act No. 16048, Dec. 24, 2018
Act No. 16588, Nov. 26, 2019
Act No. 17398, jun. 9, 2020
Act No. 17702, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters relating to public performance in order to guarantee the freedom of the arts and promote sound public performance activities.
The terms used in this Act are defined as follows: <Amended on Jan. 6, 2016>
| 1. | The term "public performance" means having the public watch the performance of art works of music, dance, drama, entertainment, Korean traditional music, acrobatics, etc.: Provided, That where a public performance is appurtenant to the sale or publicity of goods, such public performance shall be excluded; |
| 3. | The term "performer" means a person who leads a public performance or performs in a public performance in person; |
| 4. | The term "performance hall" means a facility prescribed by Presidential Decree which is set up and operated for the main purpose of holding public performances; |
| 5. | The term "rehearsal hall" means a facility set up and operated for the main purpose of rehearsal; |
[This Article Wholly Amended on May 25, 2011]
| Article 3 (Performing Arts Master Plans) |
| (1) | The State and local governments shall formulate and implement plans necessary for the promotion of performing arts. |
| (2) | Pursuant to paragraph (1), the Minister of Culture, Sports and Tourism shall formulate and implement a performing arts master plan that includes the following matters, and the heads of local governments shall submit materials necessary for the formulation and implementation of such master plan to promote regionally balanced development of performing arts if the Minister of Culture, Sports and Tourism so requests: |
| 1. | Matters concerning the training of and support for performing artists; |
| 2. | Matters concerning the training and placing of support personnel for performing arts relating to public performance planning, stage equipment, stage lighting, stage design, stage sound, etc.; |
| 3. | Matters concerning the expansion of facilities for public performance, such as performance halls; |
| 4. | Matters concerning the use of sports and educational facilities as performance halls, and matters concerning support for and encouragement of such use; |
| 5. | Matters concerning overseas expansion of performing arts; |
| 6. | Matters concerning the promotion of the performing arts industry; |
| 7. | Other important matters concerning the promotion of performing arts as prescribed by Presidential Decree. |
| (3) | The head of a local government shall formulate and implement a detailed plan for promoting performing arts of the local government according to a master plan formulated under paragraph (2); and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereafter the same shall apply) shall report the detailed plan and the outcomes of implementation to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor who shall compile them and report to the Minister of Culture, Sports and Tourism: Provided, That in the case of a Special Self-Governing City and a Special Self-Governing Province, the Special Self-Governing City Mayor and the Special Self-Governing Province Governor shall report the plan and the outcomes of implementation to the Minister of Culture, Sports and Tourism. <Amended on Dec. 24, 2018> |
[This Article Wholly Amended on May 25, 2011]
CHAPTER II PUBLIC PERFORMANCES
| Article 4 (Korea Performing Arts Box Office Information System) |
| (1) | The Minister of Culture, Sports and Tourism shall operate the Korea Performing Arts Box Office Information System so that the public can quickly and accurately know the number of audiences of public performances, etc. through a computerized system. |
| (2) | Any of the following persons shall provide information related to public performances prescribed by Ordinance of the Ministry of Culture, Sports and Tourism (hereinafter referred to as "information on public performances"), such as the title, time and period of a public performance, ticket reservation for a public performance and a payment amount, through the Korea Performing Arts Box Office Information System under paragraph (1): Provided, That where ticket selling is wholly entrusted, the same shall be applicable only to a person who is entrusted with such ticket selling: |
| 1. | A person who operates a performance hall; |
| 2. | A person who sells tickets for public performances; |
| 3. | A person who plans or produces public performances. |
| (3) | A person who is obligated to provide information on public performances under paragraph (2) (referring to a person who is entrusted with ticket selling where such ticket selling is entrusted) shall transmit such information to the Korea Performing Arts Box Office Information System without intentionally omitting or manipulating such information: Provided, That the same shall not apply where tickets are not issued by a computer reservation system. |
| (4) | In order to efficiently operate the Korea Performing Arts Box Office Information System, the Minister of Culture, Sports and Tourism may designate an institution that meets the requirements prescribed by Presidential Decree for personnel and organizations as a responsible institution (hereinafter referred to as "operator of the Korea Performing Arts Box Office Information System") and may provide subsidies to help such institution cover the expenses incurred in establishing and operating the computer reservation system of a performance hall, etc. |
| (5) | Other matters necessary for the operation of the Korea Performing Arts Box Office Information System and the provision, transmission, etc. of information on public performances shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 4-2 (Efforts to Prevent Illegal Sale of Tickets) |
The Minister of Culture, Sports and Tourism shall endeavor to prevent the illegal sale (referring to an act of selling or helping to sell tickets, etc. to others at a higher price than the price a person has paid by the person who fails to obtain consent from a person selling tickets, etc. or entrusted with the sale thereof, on a regular basis or for business purposes) of tickets for public performances or discount coupons, exchange tickets, etc. (hereinafter referred to as "tickets, etc.").
[This Article Newly Inserted on Dec. 22, 2020]
| Article 5 (Public Performances Harmful to Minors) |
| (2) | No publicity materials falling under Article 9 of the Youth Protection Act shall be publicly set up, posted, or distributed in places where the public pass, nor shall be publicized to the public, such as recommending them to watch the publicity materials with the same contents, etc. <Amended on Sep. 15, 2011> |
| (3) | Performers may request the Korea Media Rating Board (hereinafter referred to as the "Board") established under the Promotion of the Motion Pictures and Video Products Act to examine whether public performances under paragraph (1) and publicity materials under paragraph (2) are harmful to minors. |
[This Article Wholly Amended on May 25, 2011]
| Article 6 (Recommendations for Public Performances in Korea by Foreigners) |
| (1) | Any foreigner who intends to hold a public performance in the Republic of Korea or any person who intends to invite a foreigner to hold a public performance in the Republic of Korea shall obtain recommendation from the Board. The same shall also apply to the modification of the already recommended matters. |
| (2) | No foreigner shall hold a public performance in Korea without recommendation from the Board under paragraph (1), except in cases falling under any of the following subparagraphs: <Amended on Feb. 3, 2016> |
| 1. | Where the State or local government intends to invite foreigners to hold a public performance in Korea; |
| 2. | Where a foreign organization or individual intends to hold a public performance in Korea as a religious ceremony or for the purpose of social gathering or research presentation; |
| 3. | Where a Korean organization or individual intends to invite foreigners to hold a public performance in Korea as a religious ceremony or for the purpose of social gathering or research presentation; |
| (3) | Matters necessary for recommendation or modification of recommendation under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | If the Board gives a recommendation under paragraph (1), it may attach conditions to the recommendation necessary for the safety of audience or the maintenance of order at public performances. |
[This Article Wholly Amended on May 25, 2011]
| Article 7 (Restrictions on Performing Foreign Public Performances) |
| (1) | Upon receipt of an application for recommendation on a public performance by foreigners in accordance with Article 6, the Board may choose not to give a recommendation, if the contents of such performance or performers fall under any of the following cases: |
| 1. | Where they are likely to harm national interests; |
| 2. | Where they are likely to harm the public order and public moral; |
| 3. | Where they are likely to disrupt or harm the system of public performance in Korea; |
| 4. | Where they fall under standards prescribed by Presidential Decree. |
| (2) | If a person who has obtained a recommendation on a public performance by foreigners pursuant to Article 6 falls under any of the following cases, the Board may revoke such recommendation: Provided, That where he/she falls under subparagraph 1, the Board shall revoke the recommendation: |
| 1. | Where he/she obtains the recommendation by fraudulent or other illegal means; |
| 2. | Where he/she holds a public performance without recommendation on modification under Article 6 (1); |
| 3. | Where he/she violates Article 5 (1) or (2); |
| 4. | Where he/she violates any conditions attached to the recommendation of public performance under Article 6 (4). |
| (3) | Where the Board gives a recommendation on a public performance by foreigners or recommendation on modification pursuant to Article 6, or does not give a recommendation on a public performance or revokes a recommendation pursuant to paragraphs (1) or (2), it shall report the outcomes thereof to the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Wholly Amended on May 25, 2011]
CHAPTER III ESTABLISHMENT AND OPERATION OF PERFORMANCE HALLS
| Article 8 (Public Performance Halls and Rehearsal Halls) |
| (1) | The State and local governments may establish and operate performance halls and rehearsal halls to foster performing art. |
| (2) | The State or local governments may entrust individuals or organizations with the operation of performance halls and rehearsal halls under paragraph (1) in order to enhance the specialty and efficiency of the operation of performance halls and rehearsal halls. |
| (3) | Where the State or local governments entrust individuals and organizations with the operation of performance halls and rehearsal halls pursuant to paragraph (2), it or they may subsidize expenses incurred in relation to activities and operation thereof; and the State or local governments may allow them to gratuitously use property and facilities necessary for proper operation of the performance halls and rehearsal halls or benefit therefrom, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
[This Article Wholly Amended on May 25, 2011]
| Article 8-2 (Comprehensive Plans to Establish and Operate Public Performance Halls) |
| (1) | The State and local governments shall formulate a comprehensive plan to establish and operate public performance halls to establish and operate such public performance halls. |
| (2) | Comprehensive plans referred to in paragraph (1) shall contain the following: |
| 1. | The purpose of establishing public performance halls; |
| 2. | A plan to operate public performance programs; |
| 3. | A funding plan for public performance halls; |
| 4. | Other matters prescribed by Presidential Decree as necessary for establishing and operating public performance halls. |
| (3) | Matters necessary for formulation of comprehensive plans under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 30, 2013]
| Article 9 (Registration and Closure of Performance Halls) |
| (1) | Any person who intends to establish and manage a performance hall (including the State and local governments; hereinafter referred to as "performance hall manager") shall meet facility standards provided by Ordinance of the Ministry of Culture, Sports and Tourism and register the performance hall with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu who has jurisdiction over the area in which the performance hall is located. <Amended on May 18, 2015> |
| (2) | Where a cause prescribed by Ordinance of the Ministry of Culture, Sports and Tourism arises for the modification of registration, a performance hall manager shall register modification with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu. <Amended on May 18, 2015> |
| (3) | Where a person who has registered a performance hall under paragraph (1) closes business, such person shall submit a report on business closure to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu within 30 days from the date of closure of business as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on Dec. 24, 2018> |
| (4) | Where a person who is required to submit a report on business closure under paragraph (3) fails to do so, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu may ascertain business closure and revoke the registered matters ex officio as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on Dec. 24, 2018> |
[This Article Wholly Amended on May 25, 2011]
[Title Amended on Dec. 24, 2018]
| Article 10 (Assistance for Performers and Encouragement of Establishing and Managing Performance Halls) |
| (1) | The State or local governments may provide performers with necessary assistance, such as paying subsidies, etc., where it is deemed necessary for developing performing arts. |
| (2) | The Minister of Culture, Sports and Tourism may pay subsidies from the National Treasury or require the Arts Council Korea established under Article 20 of the Culture and Arts Promotion Act to provide assistance, such as giving loans from the Culture and Arts Promotion Fund established under Article 16 of the same Act, where it is deemed necessary for encouraging the establishment or management of performance halls in private sector. |
| (3) | Matters necessary for necessary assistance, such as the payment of subsidies under paragraphs (1) and (2), and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 25, 2011]
| Article 11 (Preventive Measures against Disasters) |
| (1) | A performance hall manager shall formulate a disaster management plan specifying the duties, placement, etc. of employees of the relevant performance hall in order to prevent fire and other disasters and shall report it to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu each year. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the chief of the competent fire station of the reported disaster management plan. <Amended on May 18, 2015> |
| (2) | The competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu shall review a disaster management plan reported pursuant to the former part of paragraph (1) and accept such report if the plan is deemed appropriate. In such cases, where the details of the reported disaster management plan are deemed insufficient, he/she may request any supplement to the plan. <Amended on Nov. 26, 2019> |
| (3) | A performance hall manager upon receipt of a request to supplement a disaster management plan pursuant to the latter part of paragraph (2) shall supplement it according to such request unless there is good cause, and shall report it again to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. <Newly Inserted on Nov. 26, 2019> |
| (4) | Paragraph (1) shall apply mutatis mutandis to preventive measures against disasters to be taken by a person who intends to hold a public performance which is expected to draw an audience of a size prescribed by Presidential Decree in a place other than a performance hall. <Amended on May 18, 2015; Nov. 26, 2019> |
| (5) | The disaster management plan formulated under paragraphs (1) and (4) shall contain matters concerning the safety management expenses, safety management organization, safety education, and escape guide provided for in Articles 11-2 through 11-5. <Newly Inserted on May 18, 2015; Nov. 26, 2019; Dec. 22, 2020> |
| (6) | Other matters necessary for preventive measures against disasters at performance halls shall be prescribed by Presidential Decree. <Amended on May 18, 2015; Nov. 26, 2019> |
[This Article Wholly Amended on May 25, 2011]
| Article 11-2 (Safety Management Expenses) |
| (1) | A performance hall manager, and a person who intends to hold a public performance in a place other than a performance hall (hereafter referred to as "performance hall manager, etc.") shall appropriate expenses incurred in relation to the safety management of the performance hall and the public performance (hereafter referred to as "safety management expenses") for expenses for operating the performance hall or expenses for the public performance, as prescribed by Presidential Decree: Provided, That a performance hall manager, etc. may elect not to do so if he/she is not required to meet the standards prescribed by Presidential Decree. |
| (2) | Standards for use of safety management expenses based on the scales, kinds, etc. of performance halls and public performances, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 18, 2015]
| Article 11-3 (Safety Management Organization) |
| (1) | A performance hall manager, etc. who formulates a disaster management plan pursuant to Article 11 shall establish a safety management organization comprised of the following persons: Provided, That a performance hall manager, etc. may choose not do so if he/she is not required to meet the standards prescribed by Presidential Decree: |
| 1. | A person in general charge of safety affairs who supervises and controls affairs concerning the safety of public performances; |
| 2. | A person in charge of safety management at public performance venues. |
| (2) | Standards for establishment, composition, and tasks of the safety management organization referred to in the main sentence of paragraph (1), and relevant matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 18, 2015]
| Article 11-4 (Safety Education) |
| (1) | A performance hall manager, etc. who formulates a disaster management pursuant to Article 11 shall conduct safety education to performers, a person in general charge of safety affairs, persons in charge of safety management, etc. |
| (2) | The timing and method of safety education under paragraph (1), and other relevant matters, shall be prescribed by Presidential Decrees. |
[This Article Newly Inserted on May 18, 2015]
| Article 11-5 (Escape Guide) |
| (1) | In order to make it possible for the audience to safely escape when a disaster, such as a fire, or other emergency situation occurs, a performance hall manager shall either keep escape guide maps indicating escape stairs, escape passages, escape equipment, etc. at the performance hall, or inform, prior to the beginning of public performance, the audience of escape procedures, escape methods for the audience who has difficulty in moving, such as old and feeble persons and disabled persons, and other matters they need to know to respond to emergency situations. <Amended on Dec. 22, 2020> |
| (2) | Matters necessary for keeping escape guide maps or determining the scope of persons to be informed of the matters concerning escape guide pursuant to paragraph (1), the location of escape guide maps, the content to be included in cases of conducting escape guide, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 12 (Safety Checkups of Stage Facilities) |
| (1) | A person who intends to establish and operate a performance hall shall undergo the following examinations and inspections conducted by an institution specialized in safety checkups of stage facilities (hereafter referred to as "institution specialized in safety checkups of stage facilities") designated pursuant to Article 12-2 (1): Provided, That the examination of design under subparagraph 1 shall be conducted only for a performance hall at least of the size prescribed by Presidential Decree: <Amended on May 18, 2015> |
| 1. | Examination of design of stage facilities before the beginning of the construction works of the performance hall; |
| 2. | Safety inspections of stage facilities before the registration of the performance hall (hereafter referred to as "safety inspection before registration"). |
| (2) | A performance hall manager shall undergo regular safety inspections of stage facilities by an institution specialized in safety checkups of stage facilities in any of the following cases: <Amended on Dec. 24, 2018> |
| 1. | Where three years have elapsed since the date of registration; |
| 2. | Where three years have elapsed since the date a regular safety inspection was conducted; |
| 3. | Where the performance hall manager or institution specializing in safety checkups of stage facilities deems that a regular safety inspection is especially necessary as a result of a safety self-inspection conducted under paragraph (4). |
| (3) | A performance hall manager shall undergo a precise safety checkup of stage facilities by an institution specializing in safety checkups of stage facilities in any of the following cases. In such cases, if a precise safety checkup is conducted, a regular safety inspection shall be deemed conducted under paragraph (2): <Newly Inserted on May 18, 2015; Dec. 24, 2018> |
| 1. | Where a period prescribed by Presidential Decree has elapsed since the date of registration; |
| 2. | Where a period prescribed by Presidential Decree has elapsed since the date a precise safety checkup was conducted; |
| 3. | Where the institution specialized in safety checkups of stage facilities deems that a precise safety checkup is especially necessary as a result of a regular safety inspection conducted under paragraph (2). |
| (4) | A performance hall manager shall formulate an annual inspection plan for stage facilities and conduct a safety self-inspection. In such cases, the performance hall manager may request an institution specialized in safety checkups of stage facilities to conduct such inspection. |
| (5) | Where a performance hall manager undergoes a safety inspection before registration pursuant to paragraphs (1) 2, (2) and (3), such manager shall report without delay the findings of such inspection to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on May 18, 2015; Nov. 28, 2017> |
| (6) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in receipt of the findings of a safety inspection before registration reported under paragraph (5) may request a performance hall manager to supplement, improve or repair stage facilities. In such cases, such performance hall managers shall comply with such request except in extenuating circumstances and submit without delay the results of such supplementation, improvement or repair to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on May 18, 2015; Nov. 28, 2017> |
| (7) | The procedures and timing for the examination of design of stage facilities, safety inspections before registration, regular safety inspections, precise safety checkups and safety self-inspections and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 18, 2015> |
[This Article Wholly Amended on May 25, 2011]
| Article 12-2 (Designation, etc. of Safety Checkup Institutions) |
| (1) | For the examination of design, safety inspections before registration, regular safety inspections, precise safety checkups, and self-safety inspections (hereinafter referred to as "safety inspection, etc."), the Minister of Culture, Sports and Tourism shall designate at least two institutions specialized in the safety checkup of stage facilities (hereafter referred to as "safety checkup institution"). |
| (2) | Any entity which intends to be designated as a safety checkup institution pursuant to paragraph (1) shall meet the requirements for designation, such as technical personnel and safety checkup equipment, and file an application with the Minister of Culture, Sports and Tourism. |
| (3) | Matters necessary for the methods of, and procedures for, designation of safety checkup institutions and other matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on May 25, 2011]
| Article 12-3 (Revocation of Designation of Safety Checkup Institutions) |
| (1) | Where a safety checkup institution falls under any of the following cases, the Minister of Culture, Sports and Tourism may revoke such designation or order suspension of business in whole or part within a specified period of up to one year: Provided, That where it falls under subparagraph 1, he/she shall revoke such designation: |
| 1. | Where it obtains the designation of a safety checkup institution by fraudulent or other illegal means; |
| 2. | Where it conducts a safety checkup, etc. during the period of suspension of business; |
| 3. | Where it refuses to conduct a safety checkup, etc. without justifiable reasons; |
| 4. | Where it fails to meet the requirements for designation under Article 12-2 (2); |
| 5. | Where it conducts a safety checkup, etc. differently from the fact either intentionally or by gross negligence. |
| (2) | Matters necessary for the methods of, and procedures for, revocation of designation, suspension of business affairs, etc. under paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on May 25, 2011]
| Article 12-4 (Confirmation, etc. of Outcomes of Safety Inspections) |
| (1) | Where any need arises to enhance technical standards for safety inspections, etc. and prevent improper inspections, the Minister of Culture, Sports and Tourism may check and evaluate the outcomes of safety inspections, etc. conducted by a safety checkup institution, request it to submit necessary data, or dispatch affiliated public officials to conduct an on-site checkup. |
| (2) | Matters necessary for standards and procedures for evaluations under paragraph (1) and matter matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 25, 2011]
CHAPTER IV TRAINING OF PROFESSIONALS STAGEHANDS
| Article 13 (Duties of State, etc.) |
The State and local governments shall formulate policies necessary for training professional stagehands and for enhancing their specialty.
[This Article Wholly Amended on May 25, 2011]
| Article 14 (Qualifications for Professional Stagehands) |
| (1) | The Minister of Culture, Sports and Tourism shall issue a certificate of qualifications for professional stagehands to a person who is qualified for an examination prescribed by Presidential Decree and passes an examination administered by an examination institution for professional stagehands designated under Article 15. <Amended on Nov. 26, 2019> |
| (2) | No professional stagehand shall allow other persons to use his/her name or lend his/her certificate of qualification to other persons. <Newly Inserted on Jun. 9, 2020> |
| (3) | No person shall use the name of a professional stagehand without obtaining qualifications for professional stagehands or be lent a certificate of qualification and shall help the use of such name or the lending of such certificate of qualification. <Newly Inserted on Jun. 9, 2020> |
| (4) | Professional stagehands shall be classified into three levels by type, such as stage equipment, stage lighting, and stage sound, and matters necessary for the detailed types of qualifications and qualifying examinations, procedures for issuance of certificates of qualification, etc. shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
[This Article Wholly Amended on May 25, 2011]
| Article 14-2 (Revocation, etc. of Qualifications) |
| (1) | The Minister of Culture, Sports and Tourism shall revoke the qualification of a person who acquires qualifications for professional stagehands under Article 14 by improper means or lends other persons his/her certificate of qualification issued. <Amended on Nov. 26, 2019> |
| (2) | If a person cheats in a qualifying examination for professional stagehands under Article 14 (1), his/her examination shall be stopped or nullified on the spot. |
| (3) | Neither a person whose qualification is revoked under paragraph (1) nor a person whose examination was stopped or nullified under paragraph (2) shall take a qualifying examination for professional stagehands for three years following the revocation, stopping, or nullification. |
[This Article Wholly Amended on May 25, 2011]
[Title Amended on Nov. 26, 2019]
| Article 15 (Examination Institutions for Professional Stagehands) |
| (1) | The Minister of Culture, Sports and Tourism may designate examination institutions for professional stagehands under Article 14 for the examination of qualifications for professional stagehands, as prescribed by Presidential Decree. |
| (2) | The State may, within budgetary limits, subsidize examination institutions for professional stagehands designated pursuant to paragraph (1) with some of the expenses incurred in performing their duties, and the designated institutions may, with approval from the Minister of Culture, Sports and Tourism, collect expenses incurred in administering examinations. |
| (3) | Matters necessary for the requirements for designation of examination institutions for professional stagehands and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 25, 2011]
| Article 15-2 (Revocation of Designation of Examination Institutions for Professional Stagehands) |
If an examination institution for professional stagehands designated pursuant to Article 15 (1) obtains designation by fraudulent or other illegal means, its designation shall be revoked, and if an examination institution for professional stagehands is deemed unable to duly perform its duties due to improper performance, its designation may be revoked. [This Article Wholly Amended on May 25, 2011]
| Article 15-3 (Keeping and Maintaining Books and Documents) |
Examination institutions for professional stagehands shall keep and maintain books and documents relating to qualifying examinations, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Wholly Amended on May 25, 2011]
| Article 16 (Placement, etc. of Professional Stagehands) |
| (1) | Professional stagehands qualified under Article 14 (1) shall be placed at public performance halls under Article 8 (1) and (2) and other performance halls prescribed by Presidential Decree. |
| (2) | Standards for the placement of professional stagehands under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 25, 2011]
| Article 17 Deleted. <May 24, 2001> |
| Article 18 Deleted. <May 24, 2001> |
| Article 19 Deleted. <May 24, 2001> |
| Article 20 Deleted. <May 24, 2001> |
| Article 21 Deleted. <May 24, 2001> |
| Article 22 Deleted. <May 24, 2001> |
| Article 23 Deleted. <May 24, 2001> |
| Article 24 Deleted. <May 24, 2001> |
| Article 25 Deleted. <May 24, 2001> |
| Article 26 Deleted. <May 24, 2001> |
| Article 27 Deleted. <May 24, 2001> |
| Article 28 Deleted. <May 24, 2001> |
| Article 29 Deleted. <May 24, 2001> |
| Article 30 Deleted. <May 24, 2001> |
CHAPTER VI GUIDANCE AND SUPERVISION OF PERFORMANCE HALLS, ETC.
| Article 31 (Supervision of Performers or Performance Halls) |
If necessary to ascertain any of the following matters, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require public officials under his/her jurisdiction to inspect or peruse books and documents of performers or performance hall managers: <Amended on May 18, 2015; Nov. 26, 2019>
| 1. | Matters regarding public performances harmful to minors under Article 5; |
| 2. | Matters regarding public performances in Korea by foreigners under Article 6 or foreign public performances under Article 7; |
| 3. | Matters regarding the registration of performance halls under Article 9; |
| 4. | Matters regarding preventive measures against disasters under Article 11; |
| 5. | Matters regarding the appropriation, etc. of safety management expenses under Article 11-2; |
| 7. | Matters regarding safety checkups, etc. of stage facilities under Article 12; |
| 8. | Matters regarding the implementation of administrative dispositions under Article 33. |
[This Article Wholly Amended on May 25, 2011]
| Article 32 (Orders, etc. to Discard Harmful Materials) |
Where the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that publicity materials unexamined pursuant to Article 5 (2) and (3) are harmful to minors, he/she may order the producers of such publicity materials or persons who have requested production thereof to collect and discard them or require relevant public officials to collect, seize, or discard them, upon obtaining confirmation from the Board. <Amended on May 18, 2015> [This Article Wholly Amended on May 25, 2011]
| Article 33 (Administrative Dispositions) |
| (1) | The Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order any of the following persons to suspend performance activities or the operation of a performance hall for a specified period not exceeding six months: <Amended on May 18, 2015; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | A person who violates Article 5 (1) or (2); |
| 2. | A person who violates Article 6 (1) or (2); |
| 3. | A person who falls under any of the subparagraphs of Article 7 (2); |
| 5. | A person who violates the former part of Article 11 (1) or paragraph (3) or (4) of the same Article; |
5-2 A person who fails to take a preventive measure against disasters as required under the disaster management plan formulated under Article 11; | 6. | A person who violates any provision of Article 12 (1) through (6); |
| 7. | A person who commits a crime prescribed in subparagraph 1 or 2 of Article 40 or subparagraph 1 or 5 of Article 41 within three months after having been sentenced to punishment for the same violation. |
| (2) | Administrative dispositions under paragraph (1) shall be taken within two months from the date of a violation, and detailed standards for such administrative dispositions shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Wholly Amended on May 25, 2011]
| Article 34 (Measures for Closure, etc.) |
| (1) | Where a person who continues to conduct performance activities or the operation of a performance hall after having been subject to an order suspending such performance activities or the operation of the performance hall under Article 33 (1), the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require affiliated public officials to take the following measures: <Amended on May 18, 2015> |
| 1. | To eliminate or erase signs and posts relating to performance activities or operation of the performance hall; |
| 2. | To post a notice, etc. indicating that performance activities or operation of the performance hall is illegal; |
| 3. | To seal equipment or facilities necessary for public performances in order to prohibit the use of the equipment or facilities. |
| (2) | Where the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that continuing to post a notice, etc. or to seal equipment or facilities under paragraph (1) 2 and 3 is unnecessary, he/she may remove the notice, etc. or take off sealing either on request or ex officio. <Amended on May 18, 2015> |
| (3) | Measures provided for in the subparagraphs of paragraph (1) shall be taken to the minimum extent necessary and advance written or verbal notice shall be provided to the interested parties. |
[This Article Wholly Amended on May 25, 2011]
| Article 35 (Carrying Certificates) |
Public officials conducting an on-site checkup, inspection or seizure, or taking measures of closure, etc. pursuant to Article 12-4, 31, 32, or 34 shall carry a public official identity card or a document indicating his/her authority, and produce it to the interested parties. [This Article Wholly Amended on May 25, 2011]
The Minister of Culture, Sports and Tourism, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall hold a hearing before taking any of the following dispositions: <Amended on May 18, 2015>
| 1. | Revocation of designation of a safety checkup institution under Article 12-3; |
| 4. | Measures of closure, etc. under Article 34 (1) 1 and 3. |
[This Article Wholly Amended on May 25, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 37 (Delegation and Entrustment of Authority) |
The Minister of Culture, Sports and Tourism may delegate part of his/her authority under this Act to the Special Metropolitan Mayor, Metropolitan City Mayors, the Metropolitan Autonomous City Mayor, Do Governors, or the Special Self-Governing Province Governor, or entrust it to the Board, as prescribed by Presidential Decree. <Amended on May 18, 2015>
[This Article Wholly Amended on May 25, 2011]
| Article 38 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | Examination of a design under Article 12 (1) 1; |
| 2. | Safety inspections before registration under Article 12 (1) 2; |
| 3. | Regular safety inspections under Article 12 (2); |
[This Article Newly Inserted on Dec. 24, 2018]
| (1) | With authorization from the Minister of Culture, Sports and Tourism, the Board or safety checkup institutions may collect fees, etc. in the following cases: |
| 1. | Examinations as to whether publicity materials are harmful to minors; |
| 2. | Recommendation for holding public performances in Korea by foreigners or recommendation for modification of matters under Article 6 (1); |
| (2) | The Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may collect fees for the registration or registration of modification of performance halls under Article 9 (1) and (3), as prescribed by Ordinance of the relevant Metropolitan Autonomous City, Special Self-Governing Province, or Si/Gun/Gu. <Amended on May 18, 2015> |
[This Article Wholly Amended on May 25, 2011]
CHAPTER VIII PENALTY PROVISIONS
| Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or a fine not exceeding thirty million won: <Amended on May 18, 2015; Feb. 3, 2016; Dec. 24, 2018>
| 2. | A person who holds a foreigner’s public performance in Korea without recommendation from the Board in violation of Article 6 (1) or (2); |
| 3. | A person who holds a foreigner’s public performance after the recommendation therefor has been revoked under Article 7 (2); |
| 4. | A person who conducts a safety checkup, etc. under Article 12 (1) 1 and 2, and paragraphs (2) and (3) of the same Article by fraud or other improper means; |
| 5. | A person who is designated as a safety checkup institution by fraud or other improper means; |
| 6. | A person who continues performance activities or the operation of a performance hall even after he/she has been issued an administrative disposition under Article 33 (1). |
[This Article Wholly Amended on May 25, 2011]
| Article 41 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or a fine not exceeding ten million won: <Amended on Jun. 9, 2020>
| 2. | A person who obtains qualifications for professional stagehands under Article 14 (1) by fraud or other improper means; |
| 3. | A person who allows other persons to use the name of a professional stagehand or lends his/her certificate of qualification to other persons, in violation of Article 14 (2); |
| 4. | A person who uses the name of a professional stagehand or is lent his/her certificate of qualification or who helps the use of such name or the lending of such certificate of qualification, in violation of Article 14 (3); |
| 5. | A person who arbitrarily removes public notices, etc. under Article 34 (1) 2 or takes off sealing under Article 34 (1) 3. |
[This Article Wholly Amended on May 25, 2011]
| Article 42 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations under subparagraph 1 or 5 of Article 41 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine prescribed in the relevant Article: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation, this shall not apply. [This Article Wholly Amended on May 25, 2011]
| Article 43 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding twenty million won: <Amended on May 18, 2015; Nov. 26, 2019> |
| 1. | A person who fails to formulate, report or supplement a disaster management plan in violation of the former part of Article 11 (1) or paragraph (3) or (4) of the same Article; |
| 2. | A person who fails to take a preventive measure against disasters according to a disaster management plan pursuant to Article 11. |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding ten million won: <Amended on May 18, 2015> |
| 1. | A person who violates Article 9 (1) and (2); |
| 1-2. | A person who fails to incorporate safety management expenses into operating expenses for a performance hall or expenses for public performance in violation of Article 11-2 (1) or a person who uses safety management expenses in violation of Article 11-2 (2); |
| 2. | A person who violates Article 12 (1) through (6); |
| 3. | A person who refuses to submit data under Article 12-4, submits false data or refuses, obstructs or evades an on-site check-up by public officials; |
| 4. | A person who fails to comply with an order to remove or discard publicity materials under Article 32. |
| (3) | A person who transmits information on public performances to the Korea Performing Arts Box Office Information System by intentionally omitting or manipulating such information in violation of Article 4 (3) shall be punished by an administrative fine not exceeding five million won. <Newly Inserted on Dec. 24, 2018> |
| (4) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended on Nov. 28, 2017> |
| 1. | A person who fails to keep escape guide maps or inform matters concerning escape guide in violation of Article 11-5 (1); |
| 2. | A person who fails to place professional stagehands in violation of Article 16 (1). |
| (5) | Administrative fines provided for in paragraphs (1) through (4) shall be imposed and collected by the Minister of Culture, Sports and Tourism, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu as prescribed by Presidential Decree. <Amended on May 18, 2015; Dec. 24, 2018> |
[This Article Wholly Amended on May 25, 2011]
ADDENDA <Act No. 5924, Feb. 8, 1999>
Article 1 (Enforcement Date, etc.)
| (1) | This Act shall enter into force three months after the date of its promulgation: Provided, That the provisions of Article 12 (including cases where the provisions of Article 8 (4) are applied mutatis mutandis) shall enter into force on July 1, 2000, and the provisions of Article 16 (including cases where the provisions of Article 8 (5) are applied mutatis mutandis) shall enter into force on January 1, 2005. <Amended by Act No. 6568, Dec. 31, 2001> |
| (2) | Matters concerning the registration, etc. of performers under the provisions of Articles 3 through 6-2 of the former Public Performance Act shall be invalidated on the promulgation date of this Act. |
Article 2 (Establishment of Film-Grading Commission)
| (1) | The Commission shall be established within one month from the date when this Act enters into force. |
| (2) | The Korea Public Performance and Art Promotion Council under the provisions of Article 25-3 of the former Public Performance Act shall execute as proxy the Commission's duties until the Commission is established. |
Article 3 (Succession of Rights, Duties, and Properties)
The Commission shall take over all rights, duties, and properties owned by the Korea Public Performance and Art Promotion Council established under the provisions of Article 25-3 of the former Public Performance Act on the date of its establishment. Article 4 (Succession of Dispositions)
| (1) | Any acts performed by the Korea Public Performance and Art Promotion Council under the provisions of Article 25-3 (4) of the former Public Performance Act before the Commission is established shall be deemed the acts performed by the Commission. |
| (2) | Administrative dispositions taken by the head of a Si/Gun/Gu under the provisions of Article 17 of the former Public Performance Act shall be deemed the administrative dispositions taken by the head of a Si/Gun/ Gu under the provisions of Article 33 of this Act. |
Article 5 (Transitional Measures concerning Registration, Report, etc. of Business of Public Performance Establishments)
Persons who have obtained permission to set up public performance establishments from the head of a Si/Gun/Gu or reported their public performances to the head of a Si/Gun/Gu under the former provisions at the time of enforcement of this Act shall be deemed to have registered as the operators of public performance establishments with the head of a Si/Gun/Gu and reported their public performances to the head of a Si/Gun/Gu under this Act.
Article 6 (Transitional Measures concerning Domestic Public Performances by Foreigners)
Domestic performances by foreigners permitted under the former provisions at the time of enforcement this Act shall be deemed to have obtained recommendations under this Act.
Article 7 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to the acts of violating the former Public Performance Act before the enforcement of this Act shall be dealt with according to the former provisions. Article 8 (Relation with other Statutes)
Where the provisions of the former Public Performance Act are quoted by other statutes as at the time this Act enters into force, the provisions of this Act, which fall under the quoted provisions of the former Public Performance Act, shall be deemed the quoted provisions of this Act.
ADDENDA <Act No. 6473, May 24, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 6568, Dec. 31, 2001>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 1 of the Addenda of the Public Performance Act (No. 5924) shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Registration of Public Performance Hall) A person who registered the business of a public performance with the head of a Si/Gun/Gu under the former provisions at the time of the entry into force of this Act shall be deemed to have registered a relevant public performance hall under this Act. |
ADDENDA <Act No. 6632, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 2002. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7364, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7943, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 7991, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14 (1), 15, 15-2, 15-3, and 42 (1) shall enter into force on January 1, 2007. Article 2 (Transitional Measures concerning Reporting on Disaster Management Plan)
Any person who has reported a disaster management plan under the former provisions at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 11 (1). Article 3 (Transitional Measures concerning Persons Having Practical Experience Related to Theatrical Art)
With respect to any person who is recognized as having practical experience in the field of theatrical art at the time of the enforcement date under the proviso to Article 1 of the Addenda, he/she may, notwithstanding the amended provisions of Article 14 (1), be deemed to have passed the qualifying test for theatrical art professionals under the proviso to the former provisions of Article 14 (1). Article 4 (Transitional Measures concerning Disposition of Administrative Fines)
Any person who was subject to the disposition of an administrative fine under the former provisions as at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 42 (1). Article 5 (Relations with other Acts)
Where other statutes have cited the provisions of the former Public Performance Act and when there exist provisions corresponding thereto in this Act, it shall be deemed that the relevant Article in this Act has been cited in lieu of the former provisions.
ADDENDA <Act No. 8345, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10111, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10723, May 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Safety Inspections of Stage Facilities)
Safety inspections before registration under the amended provisions of Article 12 (1) 2 shall begin to apply to the person who first undergoes an examination of design pursuant to Article 12 (1) 1 after this Act enters into force. Article 3 (Transitional Measures concerning Designation of Safety Checkup Institutions)
Any institution designated as a safety checkup institution by the Minister of Culture, Sports and Tourism as at the time this Act enters into force shall be deemed a safety checkup institution designated pursuant to the amended provisions of Article 12-2.
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.
ADDENDUM <Act No. 12133, Dec. 30, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13298, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 11 (4) and Articles 11-2 through 11-4 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Registration of Public Performance Halls)
The manager of a public performance hall which needs to be newly registered pursuant to Article 9 (1), as at the time this Act enters into force, shall register the public performance hall with the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu pursuant to Article 9 (1) within six months after this Act enters into force. Article 3 (Transitional Measures concerning Regular Safety Inspections of Stage Facilities)
The manager of a public performance who is required to undergo a regular safety inspection of stage facilities pursuant to the amended provisions of Article 12 (2), as at the time this Act enters into force, shall undergo such a regular safety inspection under this Act within two years and six months after this Act enters into force.
ADDENDA <Act No. 13726, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13957, Feb. 3, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15055, Nov. 28, 2017>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 12 (5) and (6) shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16048, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Safety Checkups of Stage Facilities)
The amended provisions of Article 12 (2) and (3) shall also apply to regular safety inspections or precise safety checkups conducted before this Act enters into force.
ADDENDA <Act No. 16588, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14-2 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Formulation and Reporting of Disaster Management Plans by Performance Hall Managers)
The amended provisions of Article 11 shall begin to apply to disaster management plans reported by performance hall managers after this Act enters into force.
ADDENDUM <Act No. 17398, Jun. 9, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17702, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Formulation of Disaster Management Plans)
The amended provisions of Article 11 (5) shall begin to apply to disaster management plans reported by performance hall managers pursuant to Article 11 on or after the date this Act enters into force.