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ENFORCEMENT DECREE OF THE PROMOTION OF CARTOONS ACT

Presidential Decree No. 24038, Aug. 13, 2012

Amended by Presidential Decree No. 27503, Sep. 21, 2016

Presidential Decree No. 29972, Jul. 9, 2019

Presidential Decree No. 31771, jun. 15, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Promotion of Cartoons Act and other matters necessary for enforcement thereof.
 Article 2 (Procedures for Formulating Master Plan and Implementation Plan)
(1) The Minister of Culture, Sports and Tourism shall formulate a master plan every five years for nurturing and supporting the creation of cartoons and the cartoon industry (hereinafter referred to as “master plan”) under Article 3 (1) of the Promotion of Cartoons Act (hereinafter referred to as the “Act”).
(2) The Minister of Culture, Sports and Tourism shall formulate an implementation plan for nurturing and supporting the creation of cartoons and the cartoon industry under Article 3 (3) of the Act (hereinafter referred to as "implementation plan") by every December 31. <Newly Inserted on Jun. 15, 2021>
(3) In formulating a master plan and implementation plan, the Minister of Culture, Sports and Tourism may request necessary cooperation from institutions or organizations related to the matters specified in Article 3 (2) of the Act, such as submission of data. <Amended on Jun. 15, 2021>
(4) Upon formulation of a master plan, the Minister of Culture, Sports and Tourism shall give notice thereof to the heads of relevant administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors and Special Self-Governing Province Governor.
[Title Amended on Jun. 15, 2021]
 Article 2-2 (Composition and Operation of Cartoon Promotion Committee)
(1) The Minister of Culture, Sports and Tourism shall commission members (hereinafter referred to as "member") of the Cartoon Promotion Committee under Article 3-2 (1) of the Act (hereinafter referred to as "Committee"), from among any of the following persons, taking their gender into consideration:
1. A person who served, or has served, as at least an associate professor at a school defined in any subparagraph of Article 2 of the Higher Education Act after obtaining a bachelor's degree in a cartoon-related major from a university or college defined in subparagraph 1 of Article 2 of the Act;
2. A person who engaged, or has engaged, in a filed related to cartoon for at least five years;
3. A person deemed to have extensive expertise or experience in a field related to cartoon creation or the cartoon industry by the Minister of Culture, Sports and Tourism.
(2) The Minister of Culture, Sports and Tourism may request that related administrative agencies, cartoon-related institutions or organizations recommend persons eligible as members of the Committee.
(3) The chairperson of the Committee (hereinafter referred to as "chairperson") shall convene and chair its meetings.
(4) Where the chairperson is incapable of performing his or her duties due to unavoidable circumstances, the vice chairperson shall act on his or her behalf.
(5) A committee meeting shall require the presence of a majority of the incumbent members; and any decision thereof shall require the concurring vote of a majority of those present.
(6) A member present at a meeting may be paid allowances, travel expenses, and other associated expenses, within budgetary limits.
(7) Matters necessary for the composition and operation of the Committee, other than those prescribed in paragraphs (1) through (6), shall be subject to resolution of the Committee and determined by the chairperson.
[This Article Newly Inserted on Jun. 15, 2021]
 Article 2-3 (Decommissioning of Members)
The Minister of Culture, Sports and Tourism may decommission a member in any of the following cases:
1. Where the member becomes incapable of performing his or her duties due to mental or physical disability;
2. Where the member has committed any misconduct in relation to his or her duties;
3. Where the member is deemed unfit to remain as a member due to dereliction of duty, injury to the dignity of a member, or other grounds;
4. Where the member expresses that it is difficult for him or her to perform the duties.
[This Article Newly Inserted on Jun. 15, 2021]
 Article 3 (Invigoration of Cartoon Creation and Support for Cartoon Industry)
Pursuant to Article 4 (2) of the Act, the Minister of Culture, Sports and Tourism may provide subsidies or loans, within the budget, for the work provided in each of the following subparagraphs:
1. Supporting and nurturing the creation of cartoons;
2. Nurturing enterprises (including self-employed creative enterprises under Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises) in the cartoon industry;
3. Surveying the environment for creation of cartoons and the present state of the cartoon industry;
4. Producing and publishing cartoons;
5. Other work necessary for invigorating the creation of cartoons and for protecting and nurturing the cartoon industry.
 Article 4 (Designation, etc. of Institutions for Training Cartoonists and Professional Human Resources for Cartoon Industry)
(1) Pursuant to Article 5 (2) of the Act, the Minister of Culture, Sports and Tourism or the head of a local government may designate as an institution for training cartoonists and professional human resources for the cartoon industry (hereinafter referred to as “training institution”), an institution or organization that falls under any of the following subparagraphs: <Amended on Jul. 9, 2019>
1. A facility or organization that has a cartoon-related curriculum among the culture and arts education facilities and the culture and arts education organizations under subparagraphs 3 and 4 of Article 2 of the Culture and Arts Education Support Act;
2. A school under Article 2 of the Higher Education Act, that has a cartoon-related curriculum among the schools;
3. A nonprofit corporation that is established to primarily engage in promoting cartoons under Article 32 of the Civil Act.
4. The Korea Creative Content Agency under Article 31 of the Framework Act on the Promotion of Cultural Industries (hereinafter referred to as the “Korea Creative Content Agency”);
5. A workplace skill development training establishment under subparagraph 3 of Article 2 of the Act on the Development of Workplace Skills of Workers;
6. Other institutions or organizations with the aim of promoting cartoons, which are deemed capable of training cartoonists and professionals in the cartoon industry and thus publicly notified by the Minister of Culture, Sports and Tourism.
(2) Any person who intends to be designated as a training institution under paragraph (1) shall submit to the Minister of Culture, Sports and Tourism or the head of a local government an application for designation determined by Ordinance of the Ministry of Culture, Sports and Tourism, along with a document stating each of the following:
1. The record of, and a plan for, training cartoonists and professional human resources for the cartoon industry;
2. Compilation of curriculums (including In-service training programs);
3. Instructors and other teaching staff;
4. Facilities and equipment necessary for training cartoonists and professional human resources for the cartoon industry;
5. A plan to finance operational expenses.
(3) Pursuant to Article 5 (2) of the Act, the Minister of Culture, Sports and Tourism or the head of a local government may fully or partially reimburse training institutions for any of the following expenses within the budget: <Amended on Jun. 15, 2021>
1. Lecture fees and benefits;
2. Expenses for teaching materials and expenses for tools for practice;
3. In-service training expenses;
4. Other necessary expenses for training cartoonists and professional human resources for the cartoon industry.
(4) Other than details provided in paragraphs (1) through (3), further those necessary for the criteria, procedures, etc. for designation of training institutions shall be determined and published by the Minister of Culture, Sports and Tourism or a head of local government.
 Article 5 (Designation of Institutions, etc. in Charge of Protecting Intellectual Property Rights)
Pursuant to Article 10 (3) of the Act, the Minister of Culture, Sports and Tourism may designate any of the following institutions or organizations as one that carries out the project described in each of the subparagraphs of paragraph (2) of the same Article: <Amended on Sep. 21, 2016>
1. The Korea Copyright Commission established under Article 112 of the Copyright Act or the Korea Copyright Protection Agency under Article 122-2 of the same Act;
2. The Korea Creative Content Agency;
3. A nonprofit corporation that is established to primarily engage in promoting cartoons under Article 32 of the Civil Act.
 Article 6 (Assistance in International Cooperation and Entry into Overseas Markets)
Pursuant to Article 11 (2) of the Act, the Minister of Culture, Sports and Tourism may entrust an institution or organization that falls under any of the following subparagraphs with the activities described in each of the subparagraphs of paragraph (1) of the same Article or authorize such an institution or organization to perform those activities on his/her behalf, while fully or partially reimbursing such institution or organization for the expenses necessary therefor within the budget: <Amended on Jul. 9, 2019>
1. The Korea Creative Content Agency;
2. A nonprofit corporation that is established to primarily engage in promoting cartoons under Article 32 of the Civil Act, performing the work related to entry into overseas markets for cartoons;
3. Other institutions or organizations deemed to be capable as an agent for the projects specified in the subparagraphs of Article 11 (1) of the Act and thus publicly notified by the Minister of Culture, Sports and Tourism.
 Article 7 (Standards, etc. for Recognition of Jointly-Produced Cartoons as Korean Cartoons)
(1) The standards for recognition of Korean cartoons under Article 13 (1) of the Act means satisfaction of any of the following subparagraphs:
1. Where at least 30/100 of the main production personnel, including a cartoonist, a story writer and staff, are nationals of the Republic of Korea;
2. Where at least 30/100 of the facilities, equipment, etc. utilized in producing a cartoon are manufactured in the Republic of Korea;
3. Where deemed that the theme or contents of a cartoon substantively represent the artistic value of the Republic of Korea.
(2) Any person who intends to obtain recognition of a jointly-produced cartoon as a Korean cartoon shall file an application for recognition determined by Ordinance of the Ministry of Culture, Sports and Tourism, with the Korea Creative Content Agency, with a document which evidences that it complies with the standards under paragraph (1).
(3) Other than those matters provided for in paragraphs (1) and (2), matters necessary for detailed standards, procedures, etc. for the recognition of Korean cartoons shall be determined by the Korea Creative Content Agency.
 Article 8 (Subjects of Statistics)
Statistics related to the cartoon industry under Article 13-2 (1) of the Act shall include the following:
1. Market conditions of the cartoon industry;
2. Export and import status of the cartoon industry;
3. Current status of human resources in the cartoon industry;
4. Trends and prospects of the cartoon industry home and abroad;
5. Other matters deemed by the Minister of Culture, Sports and Tourism to be necessary for effectively formulating and implementing measures designed to nurture and support the cartoon industry.
[This Article Newly Inserted on Jun. 15, 2021]
ADDENDUM <Presidential Decree No. 11482, Aug. 13, 2012>
This Decree shall enter into force on August 18, 2012.
ADDENDA <Presidential Decree No. 27503, Sep. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31771, Jun. 15, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2021.
Article 2 (Applicability to Formulation of Implementation Plan)
The first implementation plan, to be formulated after this Decree enters into force under the amended provisions of Article 2 (2), shall be formulated by December 31, 2022.