PROMOTION OF LOCAL CULTURAL CENTERS ACT
Act No. 4718, Jan. 7, 1994
Amended by Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5653, Jan. 21, 1999
Act No. 6792, Dec. 18, 2001
Act No. 8302, Jan. 30, 2007
Act No. 8745, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 10883, Jul. 21, 2011
Act No. 15064, Nov. 28, 2017
Act No. 15824, Oct. 16, 2018
Act No. 17007, Feb. 18, 2020
Act No. 17417, jun. 9, 2020
The purpose of this Act is to contribute to the well-balanced promotion of local culture by fostering and developing local cultural centers by prescribing matters concerning the establishment, operation and support of local cultural centers.
[This Article Wholly Amended on Dec. 21, 2007]
The term "local cultural center" in this Act shall refers to a legal entity established pursuant to this Act in order to implement local cultural projects for the promotion of local culture.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall support and foster local cultural centers. |
| (2) | The State and local governments shall establish and implement the following measures which are necessary for fostering and supporting local cultural centers: <Newly Inserted on Jul. 21, 2011; Jun. 9, 2020> |
| 1. | Deleted; <Jul. 9, 2020> |
| 2. | Deleted; <Jul. 9, 2020> |
| 3. | Deleted; <Jul. 9, 2020> |
| 4. | Deleted. <Jul. 9, 2020> |
| (3) | Local cultural centers shall faithfully conduct local cultural projects prescribed in Article 8. <Amended on Jul. 21, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jun. 9, 2020]
| Article 3-2 (Formulation of Mater Plans) |
| (1) | To support and foster local cultural centers, the Minister of Culture, Sports and Tourism shall formulate a master plan for supporting and fostering local cultural centers (hereinafter referred to as "basic plan") every five years in consultation with the heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). |
| (2) | A master plan shall include the following: |
| 1. | Basic objectives and policy directions for the fostering and development of local cultural centers; |
| 2. | Matters concerning specialists, programs, facilities, expansion of financial resources, etc. necessary for the activities of local cultural centers; |
| 3. | Matters concerning cooperation among local cultural centers, local institutions or organizations of culture and arts; |
| 4. | Other matters necessary for the promotion and revitalization of local cultural centers. |
| (3) | For the formulation of a master plan, the Minister of Culture, Sports and Tourism may request the heads of the relevant central administrative agencies and the heads of local governments to submit the relevant materials. In such cases, the heads of the relevant central administrative agencies and the heads of local governments in receipt of a request for submitting materials shall comply with such request, except in extenuating circumstances. |
| (4) | A Mayor/Do Governor shall formulate and implement a regional action plan each year in consultation with the head of a Si/Gun/Gu according to the master plan, and submit the formulated action plan to the Minister of Culture, Sports and Tourism. |
| (5) | Matters necessary for formulating master plans and for formulating and implementing action plans under paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 4 (Establishment of Local Cultural Centers) |
| (1) | Any person who intends to establish a local cultural center shall obtain authorization from a Mayor/Do Governor. <Amended on Oct. 16, 2018; Jun. 9, 2020> |
| (2) | A local cultural center shall be a legal entity. |
| (3) | The administrative district of a Special Self-Governing City, Special Self-Governing Province, Si, Gun, or autonomous Gu shall be the business area of a local cultural center. <Amended on Oct. 16, 2018> |
| (4) | If a Mayor/Do Governor (excluding a Special Self-Governing City Mayor and Special Self-Governing Province Governor) intends to grant authorization for establishing a local cultural center as prescribed in paragraph (1), he/she shall hear opinions of the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the business area of such local cultural center. <Amended on Oct. 16, 2018> |
| (5) | A Mayor/Do Governor shall notify an applicant of whether to grant authorization, within 20 days from the date of receipt of an application for authorization under paragraph (1). <Newly Inserted on Oct. 16, 2018> |
| (6) | If a Mayor/Do Governor fails to notify an applicant of whether to grant authorization within the period prescribed in paragraph (5) or whether the period for processing applications is extended under statutes or regulations related to addressing civil petitions, authorization shall be deemed granted on the day immediately following the expiration of such period (referring to the relevant period for processing applications, where it is extended or re-extended under statutes or regulations related to addressing civil petitions). <Newly Inserted on Oct. 16, 2018> |
| (7) | Each local cultural center shall use the term "cultural center" or "文化院" in its title, and indicate the name of the Special Self-Governing City, Special Self-Governing Province, Si, Gun, or autonomous Gu, which is the business territory of such local cultural center, or a geographical name by which it is possible to distinguish such local cultural center from other local cultural centers. In such case, the names of historical figures, traditional culture, etc. may be added to the name of the local cultural center by taking consideration of the characteristics of the business area. <Amended on Jul. 21, 2011; Oct. 16, 2018> |
| (8) | One local cultural center shall be established at each Special Self-Governing City, Special Self-Governing Province, Si, Gun, or autonomous Gu, and, where necessary, a branch office thereof may be established at the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"). <Amended on Oct. 16, 2018; Jun. 9, 2020> |
| (9) | Notwithstanding paragraph (8), where a Special Self-Governing City, a Special Self-Governing Province, a Si, a Gun, or an autonomous Gu is merged or abolished, the local cultural center already established may be maintained after gathering opinions from local residents in the relevant area. <Newly Inserted on Jun. 9, 2020> |
| (10) | Matters necessary for the establishment, operation, etc. of local cultural centers shall be prescribed by municipal ordinance of a City/Do. <Amended on Oct. 16, 2018; Feb. 18, 2020; Jun. 9, 2020> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 4-2 (Prohibition of Use of Similar Names) |
"Local cultural center" or a title similar thereto shall not be used by anyone other than a local cultural center under this Act. <Amended on Jun. 9, 2020>
[This Article Wholly Amended on Dec. 21, 2007]
| Article 5 (Standards for Authorization of Establishment of Local Cultural Center) |
The Mayor/Do Governor may grant authorization only in cases where the details of an application for the establishment of a local cultural center prescribed in Article 4 (1) meet the standards in the following subparagraphs: | 1. | Where the applicant is recognized as being capable of managing regional cultural projects prescribed in Article 8 from the revenues raised from membership fees, etc.; |
| 2. | Where the applicant is recognized as being equipped with the facilities prescribed in Article 6 (1) or as being able to be equipped with such facilities. |
[This Article Wholly Amended on Dec. 21, 2007]
| (1) | The local cultural center shall be equipped with the facilities prescribed by municipal ordinance of a City/Do in order to implement its business objectives. <Amended on Feb. 18, 2020> |
| (2) | The local cultural center shall furnish part of the facilities prescribed in paragraph (1) to the promotion of public interest of the local residents insofar as it does not interfere with its business objectives. |
[This Article Wholly Amended on Dec. 21, 2007]
| (1) | The local cultural center shall have more than five to less than thirty directors including a president, and two auditors. |
| (2) | The president shall represent the local cultural center and take full responsibility for the duties of the local cultural center. |
| (3) | The local cultural center may set up a secretariat to deal with the duties of the local cultural center, and employ necessary staff members. <Newly Inserted on Jul. 21, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 8 (Projects of Local Cultural Centers) |
| (1) | The local cultural center shall conduct the following local cultural projects: |
| 1. | Development, conservation and utilization of local culture; |
| 2. | Searching for, collecting, examining, making researches on and utilizing local culture (including local data); |
| 3. | Domestic and international exchanges of local culture; |
| 4. | Projects to promote local culture, such as holding local cultural events, etc.; |
| 5. | Projects for supporting consulting services for the revitalization of local culture; |
| 8. | Other projects entrusted by the State or local governments for the revitalization of local culture. |
| (2) | In order to smoothly conduct local cultural activities prescribed in paragraph (1), the local cultural center may conduct a project jointly with another local cultural center. |
[This Article Wholly Amended on Jul. 21, 2011]
| Article 8-2 (Building and Managing Database of Local Cultural Project Data) |
The local cultural center shall build, maintain, and manage database of data on local cultural projects referred to in each subparagraph of Article 8 (1). [This Article Newly Inserted on Nov. 28, 2017]
| Article 9 Deleted. <Jan. 21, 1999> |
| Article 10 Deleted. <Jan. 21, 1999> |
| Article 11 (Prohibition against Political Participation, etc.) |
| (1) | A local cultural center shall not participate in politics or religious activities. |
| (2) | The head of a local cultural center shall not hold an additional post of a National Assembly member, a local council member or an executive member of a political party. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 12 (Establishment of Federation) |
| (1) | The local cultural centers may establish a Federation of Korean Cultural Center (hereinafter referred to as the "Federation") after obtaining authorization from the Minister of Culture, Sports and Tourism for the balanced development of the local cultural centers, and for the promotion of mutual cooperation and common interests among local cultural centers. <Amended on Feb. 29, 2008> |
| (2) | The Federation shall be a legal entity. |
| (3) | The Federation shall conduct the following projects in order to achieve the objectives of establishment prescribed in paragraph (1): <Amended on Jul. 21, 2011> |
| 1. | Examination, research, guidance, and support for the balanced development of local cultural centers; |
| 2. | Provision of information, data, etc. on culture to local cultural centers; |
| 3. | Cooperation and exchanges of data, etc. with cultural organizations in Korea and abroad; |
| 4. | Training of staff members of local cultural centers in order to enhance their quality; |
| 5. | Projects necessary for the mutual cooperation and promotion of common interests among local cultural centers; |
| 6. | Support for the projects of managing local data of local cultural centers; |
| 7. | Support for informatization projects of local cultural centers; |
| 8. | Holding local cultural exhibitions; |
| 9. | Establishment of a cooperation system and exchanges of information among cultural facilities and organizations of the region; |
| 10. | Projects entrusted by the Sate or local governments in order to promote local culture; |
| 11. | Other projects necessary to achieve the objectives of establishment of the Federation. |
| (4) | The Federation may establish branch offices in a City/Do for cooperation in duties among local cultural centers and to efficiently conduct projects in the subparagraphs of paragraph (3). <Amended on Oct. 16, 2018; Jun. 9, 2020> |
| (5) | Matters necessary for the establishment, operation, etc. of the Federation shall be prescribed by Presidential Decree. |
| (6) | Article 11 concerning prohibition against political participation, etc. shall apply mutatis mutandis to the Federation. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 13 Deleted. <Jan. 21, 1999> |
| Article 14 (Civil Act to Be Applied mutatis mutandis) |
The provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to matters concerning local cultural centers and Federation, which are not prescribed by this Act. [This Article Wholly Amended on Dec. 21, 2007]
| Article 15 (Subsidization, etc. of Expenses) |
The State and local governments may subsidize expenses incurred for the activities and operation of local cultural centers and Federation within budgetary limits as prescribed by Presidential Decree, and lend necessary property and facilities without charge.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 16 (Property Contribution, etc.) |
Individuals, legal entities or organizations may contribute or donate money or property to local cultural centers or the Federation to finance the establishment, facilities, operation and projects of local cultural centers and Federation.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 17 (Cooperation, etc. of Relevant Institutions) |
| (1) | Where the State or public organizations have been requested by local cultural center for cooperation necessary to conduct projects, they shall comply therewith unless their duties are interfered with. |
| (2) | The local cultural centers may cooperate with other cultural facilities, such as libraries, museums, galleries, etc. if necessary to conduct their objective projects. |
| (3) | The Minister of Culture, Sports and Tourism or a Mayor/Do Governor may designate a specific local cultural center and separately support and foster it for balanced development of local culture. <Amended on Jun. 9, 2020> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 18 Deleted. <Dec. 18, 2002> |
| Article 19 (Enactment of Municipal Ordinance) |
The local governments may prescribe matters necessary to provide assistance to and to foster local cultural centers by Municipal Ordinance.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 20 (Administrative Fines) |
| (1) | Any one who violates Article 4-2 shall be subject to an administrative fine not exceeding five million won. |
| (2) | The administrative fines prescribed in paragraph (1) shall be imposed and collected by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the heads of Sis/Guns/Gus. <Amended on Jul. 21, 2011; Oct. 16, 2018> |
| (3) | Deleted. <Jul. 21, 2011> |
| (4) | Deleted. <Jul. 21, 2011> |
| (5) | Deleted. <Jul. 21, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
ADDENDA <Act No. 4718, Jan. 7, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Transitional Measures concerning Education, Training, etc.)
| (1) | The non-profit legal entities reported as local cultural enterprisers as prescribed by the previous Furtherance of Local Cultural Projects Act as at the time this Act enters into force and the Federation of Korean Cultural Center, an incorporated association, shall file an application for succession to the Minister of Culture and Sports after resolution of the board of directors so that local cultural centers or the Federation of Korean Cultural Center to be established as prescribed in Article 4 or 12 may succeed to all the rights and responsibilities thereof. |
| (2) | The legal entities that have received approval on the application prescribed in paragraph (1) shall be deemed dissolved simultaneously with the establishment of local cultural centers or the Federation of Korean Cultural Center, notwithstanding the provisions concerning dissolution and liquidation of a legal entity prescribed by the Civil Act, and all the rights and responsibilities belonging to such legal entity shall be succeeded by the local cultural centers or the Federation of Korean Cultural Center to be established as prescribed this Act. |
| (3) | The directors and auditor of a legal entity that has received approval on the application prescribed in paragraph (1) whose terms of office expire after local cultural centers or the Federation of Korean Cultural Center is established shall be deemed the directors or auditor of the local cultural centers or the Federation of Korean Cultural Center to be established as prescribed by this Act until their remaining term of office expires. |
Article 4 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted)
ADDENDUM <Act No. 5653, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6792, Dec. 18, 2002>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Establishment of Local Cultural Centers) Local cultural centers that have been established and are being operated after having received authorization for establishment of the Minister of Culture and Tourism as prescribed by previous provisions at the time this Act enters into force shall be deemed established after receiving authorization for establishment from the relevant Mayor/Do Governor as prescribed by the amended provisions of Article 4 (1). |
ADDENDA <Act No. 8302, Jan. 30, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Local Cultural Centers)
| (1) | The local cultural centers that have been established and are being operated as prescribed by previous provisions at the time this Act enters into force shall be deemed established as prescribed by this Act, notwithstanding the amended provisions of Article 4 (6). |
| (2) | The local cultural centers in Jeju Do (Jeju, Seogwipo, Nam Jeju and Buk Jeju) established and being operated as prescribed by previous provisions at the time this Act enters into force shall be deemed established after receiving authorization of establishment from the Jeju Province Governor as prescribed by the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, notwithstanding the amended provisions of Article 4 (6). |
| (3) | The Changwon culture center, Masan culture center and Jinhae culture center that have been established and are being operated as prescribed by the previous provisions as at the time this Act enters into force shall maintain previous administrative district as their business district, notwithstanding the Act on Special Cases of Establishing and Supporting Changwon-si in Gyeongsangnam-do. <Newly Inserted by Act No. 10883, 6 Jul. 21, 2007> |
Article 3 (Transitional Measures concerning Modification of Names, etc.)
| (1) | The Federation of Korean Cultural Center pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Federation of Korean Cultural Center prescribed in the amended provisions of Article 12 (1). |
| (2) | The acts performed by the Federation of Korean Cultural Center pursuant to the previous provisions, acts performed in reaction to the Federation of Korean Cultural Center, and the Federation of Korean Cultural Center in other legal relationship as at the time this Act enters into force shall be deemed the Federation of Korean Cultural Center prescribed in Article 12 (1). |
| (3) | The Minister of Culture and Tourism shall entrust the head of registry office having jurisdiction over the Federation of Korean Cultural Center pursuant to the previous provisions with the registration of modification of the name of such legal entity into the Federation of Korean Cultural Center prescribed by this Act |
Article 4 (Transitional Measures concerning Executives and Employees of Federation of Korean Cultural Center)
The executives and employees of the Federation of Korean Cultural Center pursuant to the previous provisions as at the time this Act enters into force shall be deemed appointed as the executives and employees of the Federation of Korean Cultural Center prescribed in the amended provisions of Article 12 (1). Article 5 (Relationship with other Acts)
Where the Federation of Korean Cultural Center is cited in other Acts as at the time this Act enters into force, the Federation of Korean Cultural Center shall be deemed cited in place of the previous one.
ADDENDUM <Act No. 8745, Dec. 21, 2007>
This Act shall enter into force on the date of its promulgation.
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. 10883, Jul. 21, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15064, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15824, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Authorization for Establishing Local Cultural Centers)
The amended provisions of Article 4 (5) and (6) shall begin to apply to an application for authorization for establishing a local cultural center filed after this Act enters into force.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Transfer Affairs)
| (1) | The head of a relevant central administrative agency shall formulate necessary measures to provide personnel and financial resources required for fully transferring the central administrative authority and affairs to local governments under this Act and shall report said measures to the competent standing committee of the National Assembly not later than three months before the enforcement date under this Act. |
Article 3 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under the provisions of this Act.
Article 4 Omitted.
ADDENDUM <Act No. 17417, Jun. 9, 2020>
This Act shall enter into force on January 1, 2021.