ARTIST WELFARE ACT
Act No. 11089, Nov. 17, 2011
Amended by Act No. 12136, Dec. 30, 2013
Act No. 13970, Feb. 3, 2016
Act No. 15568, Apr. 17, 2018
Act No. 15821, Oct. 16, 2018
Act No. 16687, Dec. 3, 2019
Act No. 16998, Feb. 11, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to legally protect the professional status and rights of artists; to promote the creative activities of artists; and to contribute to artistic development by providing artists with welfare support services.
The terms used in this Act are defined as follows: <Amended on Dec. 3, 2019>
| 2. | The term “artist” means a person who earns a living by engaging in artistic activities; contributes to enriching Korean culture, society, economy and politics; and is able to prove his/her activities in creation, performance, technical assistance, etc. in the field of culture and arts, as prescribed by Presidential Decree. |
| 3. | The term "culture and arts services" means services, such as creation and performance of, and technical support for, culture and arts; |
| 4. | The term "culture and arts planner, etc." means a person engaged in planning, production, and distribution business for culture and arts services who enters into a contract with an artist. |
[This Article Wholly Amended on Feb. 3, 2016]
| Article 2-2 (Relationship to other Statutes) |
Except as provided in other Acts, this Act shall apply to matters concerning artists’ welfare.
[This Article Newly Inserted on Feb. 3, 2016]
CHAPTER II STATUS, RIGHTS, ETC. OF ARTISTS
| Article 3 (Status and Rights of Artists) |
| (1) | Each artist shall be properly respected as a being who significantly contributes to enhancing Korean culture and to improving the quality of life style of the people. |
| (2) | Each artist shall have a right to perform artistic activities in an environment in which the human dignity and physical and mental stability are secured. <Newly Inserted on Oct. 16, 2018> |
| (3) | Each artist shall have a right to freely engage in artistic activities and to fairly enjoy mental and material benefits from the outcomes of artistic activities. <Amended on Oct. 16, 2018> |
| (4) | Each artist shall have a right not to be compelled to sign an unfair contract as tangible or intangible interests are offered or to be threatened with any disadvantage. <Newly Inserted on Dec. 30, 2013; Oct. 16, 2018> |
| Article 4 (Responsibilities, etc. of the State and Local Governments) |
| (1) | The State and local governments shall formulate and implement policies to protect the status and rights of artists and to improve their welfare. |
| (2) | The State and local governments shall formulate policies by which artists may engage in artistic activities without discrimination against provincial origin, gender, age, race, income, etc. |
| (3) | The State and local governments shall devise measures to protect artists from sexual harassment and violence. <Newly Inserted on Oct. 16, 2018> |
| (4) | The State or local governments may provide support necessary for the projects and activities to improve welfare of artists, within budgetary limit. <Amended on Oct. 16, 2018> |
| Article 4-2 (Master Plan for Artist Welfare Policies) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate a master plan for artist welfare policies (hereinafter referred to as "master plan") every five years in consultation with the heads of relevant central administrative agencies for a systematic promotion of artist welfare policies. |
| (2) | A master plan shall include the following matters: |
| 1. | Basic direction-setting for, and objectives of promotion of, artist welfare policies; |
| 2. | Protection of the professional status and rights of artists; |
| 3. | Promotion of the welfare of artists; |
| 4. | Improvement of conditions for artistic activities of artists; |
| 5. | A system for pursuing artist welfare policies; |
| 6. | Size and procurement of funds for artist welfare projects; |
| 7. | Support for artist welfare projects; |
| 8. | Other matters deemed necessary for promoting the welfare of artists. |
| (3) | Where necessary to formulate and implement a master plan, the Minister of Culture, Sports and Tourism may request the heads of relevant local governments, relevant institutions, corporations, or organizations, or individuals to provide cooperation, and any person in receipt of such request shall comply therewith unless there is good cause. |
| (4) | Other matters necessary for formulation, etc. of master plans shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 3, 2019]
[Previous Article 4-2 moved to Article 4-3 <Dec. 3, 2019>]
| Article 4-3 (Status Surveys) |
| (1) | To use the findings from surveys as underlying data necessary for protecting the rights and interests of artists and formulating and implementing welfare policies for artists, the Minister of Culture, Sports and Tourism shall survey the status of welfare, creative environments, etc. for artists, every three years; and publicly announce the findings therefrom: Provided, That whenever deemed necessary, the Minister of Culture, Sports and Tourism may survey specific areas, issues, etc. <Amended on Feb, 3, 2016; Oct. 16, 2018> |
| (2) | Where deemed necessary to conduct status surveys under paragraph (1), the Minister of Culture, Sports and Tourism may request relevant data from the heads of central administrative agencies, local governments, and public institutions; or individuals, corporations, organizations, etc. that have contracted with artists. In such case, those in receipt of a request for data shall comply therewith, except in extenuating circumstances. |
| (3) | Matters necessary for the details of, scope of, procedures for, etc. status surveys under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 30, 2013]
[Moved from Article 4-2; previous Article 4-3 moved to Article 4-4 <Dec. 3, 2019>]
| Article 4-4 (Contracts for Culture and Arts Services) |
| (1) | Contractual parties related to culture and arts services shall conclude a contract on equal terms, and fulfill the contract conscientiously and with due care. <Amended on Dec. 3, 2019> |
| (2) | Contractual parties under paragraph (1) shall specify the following matters in the contract and exchange the contract with their signatures or names and seals on it: |
| 2. | Matters concerning period, renewal, amendment and termination of the contract; |
| 3. | Matters concerning rights and obligations of contractual parties; |
| 4. | Matters concerning the scope of services, such as the details of duties, tasks, time, place, etc.; |
| 5. | Matters concerning profit sharing; |
| 6. | Matters concerning settlement of disputes. |
| (3) | Where a standard form contract specified in Article 5 is used, the contract shall be deemed concluded pursuant to paragraphs (1) and (2). |
| (4) | Where a culture and arts planner, etc. violate paragraph (2), the Minister of Culture, Sports and Tourism may order him/her to enter the details of the contract specified in the subparagraphs of the same paragraph, to issue a contract with his/her signature or name and seal on it, and to take other measures necessary for correction. <Newly Inserted on Dec. 3, 2019> |
[This Article Newly Inserted on Feb. 3, 2016]
[Moved from Article 4-3 <Dec. 3, 2019>]
| Article 5 (Disseminating Standard form Contract) |
| (1) | The State shall develop and disseminate a standard form contract in the field of culture and arts so that contractual parties for culture and arts services may contract on equal terms. <Amended on Feb, 3, 2016> |
| (2) | Where the State and local governments provides financial support, such as support with funds from the Culture and Arts Promotion Fund, etc. under Article 16 of the Culture and Arts Promotion Act, they shall accord preferential treatment to a person who uses a standard form contract under paragraph (1). <Amended on Feb, 3, 2016> |
| (3) | Matters necessary for the details of, and methods of disseminating, etc., a standard form contract under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb, 3, 2016> |
| Article 5-2 (Preservation of Contracts) |
A culture and arts planner, etc. shall preserve contracts with his/her signature or name and seal on them under Article 4-4 (2) for three years. [This Article Newly Inserted on Dec. 3, 2019]
| Article 6 (Measures for Certifying Artist’s Career Experience, etc.) |
The Minister of Culture, Sports and Tourism shall formulate separate measures necessary for certifying an artist’s career experience, etc. so that artists do not receive groundless unfavorable treatment in employment, wage, working conditions, etc.
| Article 6-2 (Prohibiting Unfair Practices) |
| (1) | No culture and art planner, etc. shall perform any of the following activities that compromise or are likely to compromise free and creative activities or legitimate interests of artists (hereafter referred to in this Article as “unfair practices”); or make a third party perform such unfair practices: <Amended on Feb. 3, 2016; Oct. 16, 2018; Dec. 3, 2019> |
| 1. | Pressuring the artist to sign a contract with unfair conditions using a dominant position or to perform activities different from the contract terms and conditions; |
| 2. | Refusing, protracting or limiting distribution of adequate profits to the artist; |
| 3. | Unjustly obstructing, directing or interfering with the artist’s creative activities; |
| 4. | Unjustly using information on the artist learned in the course of contracting; or providing it to a third party. |
| (2) | Where a culture and arts planner, etc. performs unfair practices, the Minister of Culture, Sports and Tourism may order him/her to cease such practices; to delete or amend the contract; to publicly announce that an order to take corrective measures is issued due to an unfair practice; and to take other necessary measures for rectification. <Amended on Feb. 3, 2016> |
| (3) | Where a culture and arts planner, etc. performs the unfair practice prescribed in paragraph (1) 1, the Minister of Culture, Sports and Tourism shall notify the Fair Trade Commission of such fact. |
| (4) | Deleted. <Dec. 3, 2019> |
| (5) | Detailed types and criteria of unfair practices, procedures for handling unfair practices, etc. shall be prescribed by Presidential Decree. <Amended on Feb, 3, 2016> |
[This Article Newly Inserted on Dec. 30, 2013]
[Title Amended on Dec. 3, 2016]
| Article 6-3 (Suspending, etc. Financial Support) |
Where a culture and arts planner, etc. fails to comply with an order to take corrective measures under Article 6-2 (2) within the designated period, the State and local governments may suspend the following relevant financial support or disqualify them therefrom: <Amended on Feb. 11, 2020> | 5. | Other financial support from the State and local governments. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 6-4 (Reporting and Inspection) |
Where necessary to conclude a contract for culture and arts services under Article 4-4 and investigate factual relevance regarding whether an unfair practice under Article 6-2 is performed, the Minister of Culture, Sports and Tourism may request a culture and arts planner, etc. to report the relevant matters, to submit necessary data, or to appear before the Minister, as prescribed by Presidential Decree. In such cases, a person in receipt of a request for reporting, submission of data, or appearance before the Minister shall comply therewith unless there is a compelling reason not to do so. [This Article Newly Inserted on Dec. 3, 2019]
CHAPTER III SOCIAL SECURITY
| Article 7 (Protecting Artists from Accidents Occurring in Course of Duties) |
| (2) | Where an artist purchases industrial accident compensation insurance pursuant to paragraph (1), the Korean Artists Welfare Foundation referred to in Article 8 may partially subsidize industrial accident compensation insurance premiums to be paid by the artist. <Newly Inserted on Dec. 30, 2013> |
CHAPTER IV KOREA ARTISTS WELFARE FOUNDATION
| Article 8 (Incorporating, etc. Korean Artists Welfare Foundation) |
| (1) | A Korean Artists Welfare Foundation (hereinafter referred to as the “Foundation”) shall be incorporated to efficiently implement artist welfare projects. |
| (2) | The Foundation shall be a corporate entity. |
| (3) | The Foundation shall be duly formed by completing registration for its incorporation upon authorization by the Minister of Culture, Sports and Tourism with the registry at the seat of its main office. |
| (4) | Except as otherwise expressly provided for in this Act, provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the Foundation. |
| Article 9 (Articles of Association) |
| (1) | The articles of association of the Foundation shall specify the following matters: |
| 3. | Location of main office; |
| 4. | Matters regarding the board of directors; |
| 5. | Matters regarding executives and employees; |
| 6. | Matters regarding property and accounting; |
| 7. | Matters regarding public announcement; |
| 8. | Matters regarding managing and operating an artist welfare chest; |
| 9. | Matters regarding amending to the articles of association. |
| (2) | When the Foundation formulates or amends its articles of association, it shall obtain authorization from the Minister of Culture, Sports and Tourism. |
| Article 10 (Affairs of Foundation) |
| (1) | The Foundation shall perform the following affairs: <Amended on Feb. 3, 2016; Oct. 16, 2018> |
| 1. | Supporting increasing social security for artists; |
| 2. | Supporting job security, job creation and career transition for artists; |
| 3. | Supporting the welfare of vulnerable artists, such as supporting livelihood stability of senior artists, etc.; |
| 4. | Supporting promoting welfare of independent creative artists; |
| 5. | Conducting surveys and research into the welfare and working environments of artists; |
| 6. | Managing and operating artist welfare chests; |
| 7. | Managing and operating mutual-aid projects for artists; |
| 8. | Providing counseling and legal aid services to artists who have suffered losses due to unfair practices; |
| 9. | Operating educational programs to protect rights and interests of artists; |
| 10. | Providing education to prevent sexual harassment and violence in the artistic community and supporting with damage relief; |
| 11. | Implementing projects entrusted by the government; |
| 12. | Implementing other projects prescribed by Presidential Decree to improve artist welfare. |
| (2) | The Foundation may engage in for-profit business to attain its objectives, with authorization from the Minister of Culture, Sports and Tourism, in addition to the affairs specified in paragraph (1). |
| Article 10-2 (Subsidizing Expenses and Receiving Donations) |
| (1) | The State may contribute or subsidize expenses necessary for projects and business operations of the Foundation, within budgetary limits. |
[This Article Newly Inserted on Dec. 30, 2013]
| Article 10-3 (Consent to Providing Data or Information) |
| (1) | Where necessary for the affairs specified in Article 10 (1), the Minister of Culture, Sports and Tourism may have artists, their parents or spouses, or persons prescribed by Presidential Decree (hereinafter referred to as “household member”) submit a written consent to providing the following data or information: |
| 3. | Insurance premiums paid since purchasing insurance prescribed in Article 4 (1) of the Insurance Business Act, and the data or information prescribed by Presidential Decree (hereinafter referred to as “insurance information”). |
| (2) | Matters necessary for the methods, procedures, etc. for consent to providing the data or information specified in paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 11 (Prohibition against Use of Similar Names) |
No entity other than the Foundation under this Act shall use the name “the Korean Artists Welfare Foundation” or similar.
| Article 12 (Executive Officers) |
| (1) | Executive officers of the Foundation shall consist of not more than 15 directors, including one chairperson and one full-time director; and one auditor. <Amended on Dec. 30, 2013> |
| (2) | A chairperson shall be appointed and dismissed by the Minister of Culture, Sports and Tourism; a full-time director shall be appointed and dismissed by the chairperson with approval from the Minister of Culture, Sports and Tourism from among persons recommended by the board of directors; directors and an auditor except for the chairperson and full-time director shall be appointed pursuant to the articles of association. <Amended on Dec. 30, 2013> |
| (3) | The chairperson, directors and auditor shall have a term of office of three years; and may be reappointed for only one consecutive term. |
| (4) | The chairperson shall represent the Foundation; and have overall charge of the affairs of the Foundation. <Amended on Dec. 30, 2013> |
| (5) | The auditor shall examine and audit the affairs of the Foundation. |
| Article 13 (Board of Directors) |
| (1) | To deliberate and determine significant matters of business, the Foundation shall have a board of directors. |
| (2) | The board of directors shall consist of directors, including the chairperson. |
| (3) | The chairperson shall convene and chair board of directors meetings. |
| (4) | In extenuating circumstances, another director shall vicariously perform the duties of the chairperson, as specified by the articles of association. |
| (5) | A quorum for board of directors meetings shall be a majority of directors on the register; and resolutions shall be passed with concurring votes of a majority of directors present. |
| (6) | The auditor may attend board of directors meetings; and express his/her opinions. |
| Article 14 (Business Year and Business Plan) |
| (1) | The business year of the Foundation shall coincide with the fiscal year of the Government. |
| (2) | Each year, the Foundation shall submit a business plan, budget, and revenue and expenditure statement to the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree. The same shall also apply to amendment to the business plan and budget. |
| (3) | Where needs arise, the Minister of Culture, Sports and Tourism may request the Foundation to submit data related to the business plan, budget and annual report. |
| Article 15 (Supervision, etc.) |
| (1) | The Minister of Culture, Sports and Tourism may have public officials in his/her Ministry examine the business, accounting and assets of the Foundation; or may order the Foundation to submit data necessary for examination. |
| (2) | If any illegality or unjust practices are discovered during an examination under paragraph (1), the Minister of Culture, Sports and Tourism may order the Foundation to rectify them or take other necessary measures. |
| Article 15-2 (Request for Data and Use of Computer Networks) |
| (1) | Where necessary to verify the eligibility for support or the appropriateness of eligibility of an artist who receives or intends to receive support for the affairs specified in Article 10 (1) (hereinafter referred to as “artist eligible for support”), the Minister of Culture, Sports and Tourism may request the heads of central administrative agencies; local governments; and related institutions or organizations, to allow artists to use relevant computer networks or to provide data prescribed by Presidential Decree regarding family relations; resident registration; national taxes; local taxes; land; buildings; income; property; immigration; health insurance; national pension; employment insurance; and industrial accident compensation insurance of the artist eligible for support or his/her household member: Provided, That where verification through administrative data matching under Article 38 (1) of the Electronic Government Act is possible, such case shall be excluded. |
| (3) | A person in receipt of a request to allow the use of computer networks or to provide data pursuant to paragraphs (1) and (2) shall comply therewith, except in extenuating circumstances. |
| (4) | No person who performs or has performed duties under paragraphs (1) through (3) shall use the information he/she has received or learned pursuant to paragraphs (1) through (3), for other than the purpose prescribed by this Act; or shall provide or disclose it to other persons or institutions. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 15-3 (Request for Financial Information, etc. and Provision thereof) |
| (5) | No person who performs or has performed any of the duties specified in paragraphs (1), (2) and (4) shall use the financial information, etc. he/she has received pursuant to paragraphs (2) and (4) for other than the purpose prescribed by this Act; or shall provide or disclose it to third persons or institutions. |
| (6) | Matters necessary for requests for financial information, etc., provision thereof, etc. under paragraphs (1), (2) and (4) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 15-4 (Collecting, etc. Data and Information) |
The Minister of Culture, Sports and Tourism and the heads of institutions delegated or entrusted with artist welfare services pursuant to Article 16-2, may collect, manage, hold or process data, financial information, etc. they have received pursuant to Article 15-2 or 15-3. [This Article Newly Inserted on Apr. 17, 2018]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 16 (Deemed Public Officials for Purposes of Penalty Provisions) |
The executive officers and employees of the Foundation shall be deemed public officials for the purposes of penalty provisions under the Criminal Act or other Acts.
| Article 16-2 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Culture, Sports and Tourism may partially delegate his/her authority under this Act to the heads of local governments, as prescribed by Presidential Decree. |
| (2) | Pursuant to Presidential Decree, the Minister of Culture, Sports and Tourism may fully or partially entrust his/her duties under this Act to the Foundation; or institutions, corporations or organizations established to promote artist welfare. |
[This Article Newly Inserted on Feb. 3, 2016]
CHAPTER VI?PENALTY PROVISIONS
| Article 17 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
| 1. | A person who uses, provides or discloses data or information, in violation of Article 15-2 (4); |
| 2. | A person who uses, provides or discloses financial information, etc., in violation of Article 15-3 (5). |
[This Article Newly Inserted on Apr. 17, 2018]
[Previous Article 17 moved to Article 18 <Apr. 17, 2018>]
| Article 18 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Dec. 30, 2013; Feb. 3, 2016; Feb. 3, 2019> |
| 1. | A person who fails to submit data or submits false data, in violation of Article 4-3 (2); |
| 1-2. | A culture and arts planner, etc. who fails to prepare a written contract for culture and arts services, in violation of Article 4-4 (2); |
| 1-3. | A person who violates a corrective order issued under Article 4-4 (4). |
| 1-4. | A person who fails to preserve contracts for culture and arts services, in violation of Article 5-2; |
| 2. | An person who violates a correction order issued under Article 6-2 (2); |
| 3. | Deleted; <Dec 3, 2019> |
| 3-2. | A person who fails to submit a report or data or who submits a false data, in violation of Article 6-4; |
| 4. | A person who uses the name “the Korea Artists Welfare Foundation” or similar names, in violation of Article 11. |
| (2) | The administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. |
[Moved from Article 17 <Apr. 17, 2018>]
ADDENDUM <Act No. 11089, Nov. 17, 2011>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 12136, Dec. 30, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13970, Feb. 3, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15568, Apr. 17, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15821, Oct. 16, 2018>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16687, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Preservation of Contracts)
The amended provisions of Article 5-2 shall begin to apply to contracts for cultural and arts services concluded on or after the date this Act enters into force.
ADDENDA <Act No. 16998, Feb. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.