PROMOTION OF CARTOONS ACT
Act No. 11311, Feb. 17, 2012
Amended by Act No. 16054, Dec. 24, 2018
Act No. 17403, jun. 9, 2020
Act No. 17581, Dec. 8, 2020
Act No. 17707, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to invigorate the creation of cartoons, promote the development of the cartoon industry, and contribute to the improvement of citizens' cultural lifestyle and the development of the national economy by providing for matters necessary to promote the creation of cartoons and the cartoon industry.
The terms used in this Act are defined as follows: <Amended on Dec. 8, 2020>
| 1. | The term "cartoon" means a work depicting real things or the world of imagination in one, or two or more compartmentalized frames with pictures or with pictures and text and drawn on paper or any other tangible medium or recorded on a disc or any other digital medium; |
| 2. | The term "Korean cartoon" means a cartoon created by a citizen of the Republic of Korea and produced by a cartoon entity (including a corporation) who has his/her principal place of business in the Republic of Korea or a cartoon recognized as a Korean cartoon pursuant to Article 13; |
| 3. | The term "jointly-produced cartoon" means a cartoon recognized as jointly created or produced, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, among cartoons jointly created or produced by a cartoonist who is a citizen of the Republic of Korea or a cartoon entity who has his/her principal place of business in the Republic of Korea and a foreigner or cartoon entity who has his/her principal place of business outside of the Republic of Korea; |
| 4. | The term "printed cartoon" means a cartoon published in the form of printed media; |
| 6. | The term "cartoon industry" means the industry relating to the creation, production, distribution, rental, sale, utilization, export, import, etc. of cartoons and cartoon products (referring to tangible and intangible goods, services, and combinations of both that create added economic value by using cartoons; the same shall apply hereinafter); |
| 7. | The term "cartoon business entity" means a person who plans, develops, produces, manufactures or distribute cartoons for the purpose of profit-making, or who provides other services related thereto. |
| Article 3 (Formulation, etc. of Master Plans) |
| (1) | In order to efficiently achieve the purpose of this Act, the Minister of Culture, Sports and Tourism shall formulate a master plan for nurturing and supporting the creation of cartoons and the cartoon industry (hereinafter referred to as "master plan"). |
| (2) | A master plan shall include the following matters: <Amended on Dec. 22, 2020> |
| 1. | Basic direction-setting for the promotion of Korean cartoons; |
| 2. | Improvement of Acts, subordinate statutes, and systems relating to cartoons; |
| 3. | A scheme for protecting intellectual property rights to cartoons; |
| 4. | A scheme for invigorating the creation of cartoons; |
| 5. | Training of professional human resources for cartoons and the cartoon industry; |
| 6. | Creation of infrastructure for the cartoon industry; |
| 7. | Development and diffusion of technology and standards for the cartoon industry and digital cartoons; |
| 8. | International cooperation and entry into overseas markets; |
| 9. | A scheme for securing and efficiently managing funds for cartoons and the cartoon industry; |
| 10. | A scheme for collecting and preserving data related to cartoons; |
| 11. | Other matters necessary to promote the creation of cartoons and the cartoon industry. |
| (3) | The Minister of Culture, Sports and Tourism shall annually formulate and implement an action plan to nurture and support the creation of cartoons and the cartoon industry (hereinafter referred to as "action plan") in accordance with the master plan. <Newly Inserted on Dec. 22, 2020> |
| (4) | Matters necessary for the procedures, etc. for the formulation of a master plan and an action plan shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
[Title Amended on Dec. 22, 2020]
| Article 3-2 (Cartoon Promotion Committee) |
| (1) | A Cartoon Promotion Committee (hereinafter referred to as the "Committee") may be established under the jurisdiction of the Minister of Culture, Sports and Tourism to provide advice on important matters concerning the promotion of the creation of cartoons and the cartoon industry, including the formulation and implementation of a master plan and an action plan. |
| (2) | The Committee shall be comprised of up to 20 members, including one chairperson and one vice chairperson, respectively, who shall be elected from among and by members. |
| (3) | Members of the Committee shall be commissioned by the Minister of Culture, Sports and Tourism, from among persons who have expertise or abundant experience in the field related to the creation of cartoons and the cartoon industry. |
| (4) | Each member of the Committee shall hold office for a term of three years and may be appointed consecutively only once. |
| (5) | Other matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
CHAPTER II CREATION OF CARTOONS AND PROMOTION OF CARTOON INDUSTRY
| Article 4 (Invigoration of Creation of Cartoons and Cartoon Industry) |
| (1) | The Minister of Culture, Sports and Tourism shall explore measures to protect and nurture cartoons and the cartoon industry. |
| (2) | The Minister of Culture, Sports and Tourism may provide subsidies or loans to cartoonists, cartoon entities, and related organizations that contribute to the invigoration of creation of cartoons and the cartoon industry. |
| (3) | Matters necessary for the procedure for and methods of providing subsidies or loans under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 5 (Training of Cartoonists and Professional Human Resources) |
| (1) | In order to train cartoonists and professional human resources for the cartoon industry, the Minister of Culture, Sports and Tourism shall formulate and implement a plan for the following matters: |
| 1. | Analysis on supply of and demand for cartoonists and professional human resources for the cartoon industry and the development of human resources; |
| 2. | Enhancement of cooperation among academic circles, industrial entities, and public institutions for training cartoonists and professional human resources for the cartoon industry. |
| (2) | In order to train cartoonists and professional human resources for the cartoon industry, the Minister of Culture, Sports and Tourism or the head of a local government may designate universities, research institutes, and other specialized institutions as institutions for training professional human resources, and may fully or partially subsidize them in relation to expenses incurred in education and training, as prescribed by Presidential Decree. |
| (3) | Where any institution for training professional human resources designated under paragraph (2) falls under any of the following cases, the Minister of Culture, Sports and Tourism and the head of a local government may revoke the designation: Provided, That in cases falling under subparagraph 1, such designation shall be revoked: <Newly Inserted on Jun. 9, 2020> |
| 1. | Where the institution has obtained the designation by fraud or other improper means; |
| 2. | Where the institution has failed to educating and training human resources for at least one year without good cause; |
| 3. | Where the institution ceases to satisfy the standards for designation. |
| (4) | Where the Minister of Culture, Sports and Tourism or the head of a local government revokes designation pursuant to paragraph (3), he/she shall hold hearings in accordance with the Administrative Procedures Act. <Newly Inserted on Jun. 9, 2020> |
| Article 6 (Facilitation of Development of Technology) |
In order to facilitate the development of technology relating to digital cartoons and the cartoon industry, the Minister of Culture, Sports and Tourism may make a contribution or grant a subsidy to a person who performs a project to develop technology for all or some of funds required for such project.
| Article 7 (Collaborative Development and Research) |
| (1) | In order to develop and research cartoons or cartoon products, the Minister of Culture, Sports and Tourism shall endeavor to establish an institutional basis for facilitating collaborative development and research by sharing human resources, facilities, equipment, materials, funds, and information. |
| (2) | The Minister of Culture, Sports and Tourism may fully or partially subsidize a person who implements collaborative development and research pursuant to paragraph (1) in relation to expenses incurred in collaborative development and research. |
| Article 8 (Vitalization, etc. of Distribution) |
| (1) | The Minister of Culture, Sports and Tourism shall endeavor to vitalize the distribution of cartoons and cartoon products and to promote the informatization of distribution in order to promote the cartoon industry. |
| (2) | The Minister of Culture, Sports and Tourism shall endeavor to prevent illegal reproduction and distribution of cartoons and cartoon products, to provide related education, and to protect intellectual property rights, and may provide assistance necessary for such activities. |
| Article 9 (Establishment of Order in Distribution) |
| (1) | No cartoon entity shall unilaterally demand a cartoonist or another cartoon entity without reasonable grounds, taking advantage of his/her position, to transfer an intellectual property right, compel a cartoonist or another cartoon entity to sign an unfair contract, or make unjust enrichment. |
| (2) | If the Minister of Culture, Sports and Tourism finds that a cartoon entity violates paragraph (1), he/she may request the head of the competent agency to take necessary measures therefor. |
| (3) | The Minister of Culture, Sports and Tourism may prepare a standard form contract related to the cartoon industry in consultation with the Fair Trade Commission, and recommend business entities and associations of business entities to use such contract. <Amended on Dec. 24, 2018> |
| (4) | Where the Minister of Culture, Sports and Tourism establishes or amends the standard form contract under paragraph (3), he/she shall hear the opinions of the relevant associations of business entities and experts. <Amended on Dec. 24, 2018> |
| Article 10 (Protection of Intellectual Property Rights) |
| (1) | In order to protect and nurture cartoonists' creative activities and the cartoon industry, the Government shall explore measures to protect intellectual property rights to cartoons. |
| (2) | In order to protect intellectual property rights to cartoons, the Government may implement the following projects: |
| 1. | Countermeasures against violations of intellectual property rights through Internet or by electronic technology; |
| 2. | Education and publicity about copyrights and intellectual property rights to cartoons; |
| 3. | Other matters relating to the protection of copyrights. |
| (3) | The Government may designate an institution or organization specializing in intellectual property rights, and may authorize it to perform a project specified in any subparagraph of paragraph (2), as prescribed by Presidential Decree. |
| Article 11 (Assistance in International Cooperation and Entry into Overseas Markets) |
| (1) | In order to enhance the competitiveness of cartoons and cartoon products for export and entry into overseas markets, the Minister of Culture, Sports and Tourism may conduct the following activities: |
| 1. | Holding international exhibitions, etc.; |
| 2. | Marketing and advertising activities in overseas markets; |
| 3. | Inviting foreign investments; |
| 4. | Assistance in localization of cartoons in overseas markets; |
| 5. | Assistance in joint production of cartoons in overseas markets; |
| 6. | Other activities required for international cooperation and entry into overseas markets. |
| (2) | In order to efficiently conduct any of the activities specified in paragraph (1), the Minister of Culture, Sports and Tourism may entrust an institution or organization with such activities or authorize an institution or organization to perform such activities on his/her behalf, as prescribed by Presidential Decree, and may fully or partially subsidize such institution or organization in relation to expenses incurred therein. |
| Article 12 (Protection of Rights and Interests of Users) |
| (1) | In promoting the cartoon industry, the Minister of Culture, Sports and Tourism shall take the following measures to protect users' rights and interests: <Amended on Dec. 22, 2020> |
| 1. | Education and publicity for effective use of exemplary cartoons and cartoon products; |
| 2. | Remedial measures for complaints of and losses by users of cartoons and cartoon products; |
| 3. | Other measures to protect users of cartoons and cartoon products. |
| (2) | Cartoonists, cartoon business entities, and related organizations shall actively cooperate in the implementation of the measures under paragraph (1). <Newly Inserted on Dec. 22, 2020> |
| Article 13 (Recognition of Jointly-Produced Cartoons as Korean Cartoons) |
| (1) | A jointly-produced cartoon may be recognized as a Korean cartoon, if elements of human resources participating in, or materials utilized for, creating or producing the cartoon meet the standards for recognition of Korean cartoons. |
| (2) | Matters necessary for the standards and procedure for and method of the recognition of Korean cartoons under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 13-2 (Preparation of Statistics) |
| (1) | The Minister of Culture, Sports and Tourism may prepare and manage statistics related to the cartoon industry in order to utilize them for the formulation and implementation of a master plan and an action plan, the preparation of measures under Article 4 (1), etc. |
| (2) | Where necessary to prepare statistics under paragraph (1), the Minister of Culture, Sports and Tourism may request the head of a relevant central administrative agency, the head of a local government, the head of a public institution, a cartoonist, a cartoon business entity, etc. to provide necessary data or information. In such cases, a person who is requested to provide data or information shall comply with such request, unless there is good cause. |
| (3) | While the relevant provisions of the Statistics Act shall apply mutatis mutandis to the statistics under paragraph (1), other matters necessary for preparing and managing such statistics shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
CHAPTER III SUPPLEMENTARY PROVISIONS
| Article 14 (Delegation of Authority) |
The Minister of Culture, Sports and Tourism may partially delegate his/her authority under this Act to the Special Metropolitan City Mayor or a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDUM <Act No. 11311, Feb. 17, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16054, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards Terms and Conditions)
The standard terms and conditions under the previous Article 9 (3) and (4) as at the time this Act enters into force shall be deemed standard form contracts under this Act.
ADDENDUM <Act No. 17403, Jun. 9, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17581, Dec. 8, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17707, 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 Mater Plans)
The amended provisions of Article 3 (2) 10 shall begin to apply to master plans formulated on or after the date this Act enters into force.