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ENFORCEMENT DECREE OF THE CONTENT INDUSTRY PROMOTION ACT

Wholly Amended by Presidential Decree No. 22521, Dec. 10, 2010

Amended by Presidential Decree No. 23036, Jul. 19, 2011

Presidential Decree No. 24045, Aug. 17, 2012

Presidential Decree No. 24453, Mar. 23, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26774, Dec. 30, 2015

Presidential Decree No. 26844, Dec. 31, 2015

Presidential Decree No. 27488, Sep. 5, 2016

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 31379, Jan. 5, 2021

Presidential Decree No. 31836, jun. 29, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Content Industry Promotion Act and the matters necessary for its implementation.
 Article 2 (Procedures for Formulating Master Plan)
(1) The mid-term and long-term master plans on the development of content industry (hereinafter referred to as "master plan") under Article 5 (1) of the Content Industry Promotion Act (hereinafter referred to as "Act") shall be formulated by the Minister of Culture, Sports and Tourism in consultation with the heads of relevant central administrative agencies.
(2) The Minister of Culture, Sports and Tourism shall submit the master plans formulated pursuant to paragraph (1) to the Content Industry Promotion Committee (hereinafter referred to as the "Committee") under Article 7 of the Act.
(3) The Minister of Culture, Sports and Tourism may set guidelines for formulating a sector-specific plan by relevant central administrative agencies and notify the heads of relevant central administrative agencies thereof.
(4) If needed for setting a sector-specific plan, the head of a relevant central administrative agency may request other relevant central administrative agencies, local governments, public institutions under Article 11 (1), etc. for data. In such cases, when the Minister of the Interior and Safety sets a sector-specific plan under the jurisdiction of the Ministry of the Interior and Safety, he or she shall endeavor to aggregate opinions of local governments and reflect them in the plan. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(5) The Minister of Culture, Sports and Tourism shall give notice on the master plans determined by deliberation of the Committee to the heads of relevant central administrative agencies, Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors and Special Self-Governing Province Governor.
(6) Where the Minister of Culture, Sports and Tourism intends to modify matters in the determined master plans, related to two or more central administrative agencies, and matters that may have a significant influence on the promotion of content industry as determined by the Committee, he or she shall, beforehand, submit the matters to the Committee for deliberation.
(7) When the master plans are determined or modified, the Minister of Culture, Sports and Tourism shall publicly notify such fact.
 Article 3 (Procedures for Formulating Implementation Plans)
(1) A jurisdictional implementation plan for the promotion of content industry under Article 6 (1) of the Act (hereinafter referred to as "implementation plan") shall contain the following matters:
1. Direction-setting for promoting projects for the relevant year;
2. Promotion principles by major projects;
3. Detailed implementation plans by major projects;
4. Plans to accelerate the distribution of contents;
5. Measures to activate the production of contents by fields and by types;
6. Measures to activate fused contents;
7. Other matters necessary for promoting the content industry.
(2) The heads of relevant central administrative agencies shall submit an implementation plan for the following year to the Committee not later than October 31 of each year. In such cases, opinion of local governments shall be integrated and reflected in the implementation plan of the Ministry of the Interior and Safety. <Amended by Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) Where the heads of relevant central administrative agencies intend to modify matters that may have influence on the promotion of content industry in the formulated implementation plan, which are determined by the Committee, they shall have the matters deliberated by the Committee beforehand.
(4) Unless any extraordinary ground exists, an implementation plan shall be determined by deliberation of the Committee not later than December 31 of each year.
 Article 4 (Operation of Committee)
(1) A Committee meeting shall convene when the chairperson deems it necessary or at least 1/3 of the members on the register makes a request therefor.
(2) The chairperson shall notify members of the date and place of a meeting and agendas for deliberation not later than seven days before a meeting is to be held: Provided, That where an emergency meeting is necessary or any extenuating circumstance exists, he or she may give notice not later than the day before a meeting is to be held.
(3) A Committee meeting shall be held when a majority of members on the register is present, and a resolution shall be passed when a majority of the members present vote in favor.
(4) Where the chairperson is unable to perform duties due to an extenuating circumstance, a member according to the order of precedence under Article 7 (3) 1 of the Act shall perform such duties on behalf of the chairperson.
 Article 4-2 (Dismissal of Members)
Where a member of the Committee under Article 7 (3) 2 of the Act falls under any of the following, the chairperson may terminate entrustment agreement with the member:
1. Where the member becomes unable to perform duties due to a mental or physical disorder;
2. Where the member commits a misdeed with regard to duties;
3. Where the member is deemed unfit for a member due to negligence, demeaning behavior or other reasons;
4. Where the member voluntarily expresses that performing duties is difficult for him or her.
[This Article Newly Inserted on Dec. 31, 2015]
 Article 5 (Working Committee)
(1) In order to efficiently operate the Committee, a working committee shall be established.
(2) The working committee shall consist of up to 20 members including a chairperson.
(3) The First Vice Minister of the Culture, Sports and Tourism shall chair the working committee, and the following persons shall become its members: <Amended by Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 29, 2021>
1. One person each designated by the heads of respective agencies from among the public officials appointed to the Senior Executive Service in the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Employment and Labor, the Ministry of Land, Infrastructure and Transport, the Ministry of SMEs and Startups, the Korea Communications Commission, and the Fair Trade Commission;
2. Specialists in the relevant fields who are entrusted by the working committee chairperson at the recommendation of the heads of relevant central administrative agencies.
(4) The members entrusted pursuant to paragraph (3) 2 shall have a term of office of three years.
(5) The working committee shall have an executive member, and a public official affiliated with the Ministry of Culture, Sports and Tourism who is a working committee member shall become the executive member.
(6) The working committee shall examine and deliberate on the agendas submitted to the Committee and the matters delegated by the Committee or instructed by the Committee Chairperson.
(7) In order to support the duties of the working committee, the working committee chairperson may establish and operate subcommittees. In such cases, matters concerning the composition of subcommittees shall be determined by the working committee chairperson after deliberation by the working committee.
 Article 6 (Hearing Opinion)
Where the Committee, working committee, or a subcommittee deems it necessary for examining agendas or for performing duties, it may have interested parties or relevant specialists attend a meeting and express opinion, or request them to submit an opinion.
 Article 7 (Allowances)
The members and relevant specialists who attend a meeting of the Committee, working committee or subcommittee may be paid allowances, within budgetary limit: Provided, That this shall not apply where a member who is a public official attends a meeting with direct regard to his or her duties.
 Article 8 (Detailed Operational Rules)
In addition to the matters prescribed by this Decree, matters necessary for operating the Committee shall be determined by the Chairperson after deliberation of the Committee; and matters necessary for operating the working committee and subcommittees shall be determined by the working committee chairperson after deliberation of the working committee.
CHAPTER II FACILITATION OF CONTENT PRODUCTION
 Article 9 (Facilitation of Support for Content Production)
In order to facilitate the production of contents by fields and by types pursuant to Article 9 (3) of the Act, the heads of relevant central administrative agencies shall reflect measures concerning the following matters in the implementation plan:
1. Support for planning, production, development and distribution of excellent contents;
2. Support for training of content production specialists;
3. Recommendation of joint use, lease, etc. of facilities, equipment and materials between content producers;
4. Support for nonprofit juristic persons’ or organizations’ content production business;
 Article 10 (Protection Measures for Intellectual Property Rights)
(1) In order to adequately protect intellectual property rights relating to contents pursuant to Article 10 (1) of the Act, the heads of relevant central administrative agencies shall formulate the following measures: <Amended on Jul. 19, 2011>
1. Educating and publicizing for the protection of intellectual property rights to contents;
2. Research and development of technologies and construction of an evaluation system for the protection of intellectual property rights to contents;
3. Inspection and research for the protection of intellectual property rights to contents and international cooperation therein;
4. Improvement of a system regarding a fair use environment for the protection of intellectual property rights to contents and improvement of distribution structures;
5. Preparation of effective measures of remedy against violation of rights in order to protect intellectual property rights to contents;
6. Training of specialists in order to protect intellectual property rights to contents.
(2) The Minister of Culture, Sports and Tourism shall prepare measures to support the following matters so that content producers may develop technological protection measures for contents pursuant to Article 10 (2) of the Act:
1. Support for funds necessary for developing technological protection measures;
2. Provision of information necessary for developing technological protection measures;
3. Training of specialists necessary for developing technological protection measures;
4. Support for facilities necessary for developing technological protection measures;
5. Support for forming of a performance evaluation system with regard to the development of technological protection measures.
[Title of This Article Amended on Jul. 19, 2016]
 Article 11 (Facilitation of Use of Public Information)
(1) "A public institution prescribed by Presidential Decree" in Article 11 (1) of the Act means a public institution under Article 4 of the Act on the Management of Public Institutions or a public institution under Article 2 of the Enforcement Decree of the Official Information Disclosure Act.
(2) The head of a public institution under Article 11 (1) of the Act shall disclose the following matters so that content producers may, pursuant to Article 11 (2) of the Act, use information (hereinafter referred to as "public information") for the production, etc. of contents except for the information subject to non-disclosure under Article 9 of the Official Information Disclosure Act among the information held and managed by the public institution:
1. Scope of information provided;
2. Form of information provided;
3. Information use charges or fees;
4. Scope of processing and using information;
5. Information update date;
6. Standards for use of information and procedures for filing an application;
7. Other matters that the head of a relevant public institution deems as necessary with regard to the use of public information.
(3) The Minister of Culture, Sports and Tourism may determine and publicly announce detailed matters necessary for content producers’ use of public information.
(4) The Minister of Culture, Sports and Tourism may support content producers’ business of facilitating the use of public information under Article 11 of the Act.
 Article 12 (Measures to Facilitate Fused Contents)
In order to facilitate fused contents under their jurisdiction pursuant to Article 12 of the Act, the heads of relevant central administrative agencies shall formulate and implement measures with regard to the following matters: <Amended on Sep. 5, 2016>
1. Planning for fused contents;
2. Research and development of technologies for fused contents;
3. Production, development and commercialization of fused contents;
4. Expansion of realization, consumption and distribution of fused contents, and search for new business models;
5. Creation and operation of a foundation and space for content fusion, and implementation of model business;
6. Expansion of fused contents into foreign markets;
7. Training of top creative talents relating to fused contents;
8. Other matters necessary for facilitating fused contents.
CHAPTER III CREATION OF FOUNDATIONS FOR CONTENT INDUSTRY
 Article 13 (Facilitation of Establishment of Business)
Pursuant to Article 13 of the Act, the heads of central administrative agencies shall formulate a jurisdictional plan to support the establishment of business including the following matters, and incorporate it into the master plans and implementation plans for implementation:
1. Administrative and financial support for the establishment of content business;
2. Matters concerning promotion of institutions and organizations relating to support for the establishment of business;
3. Other matters necessary for support for the establishment of business.
 Article 14 (Procedures for Designating Specialist Training Institutes)
A person who intends to be designated as a specialist training institute pursuant to Article 14 (2) of the Act shall file an application for designation accompanied by documents stating the following matters with the head of a relevant central administrative agency:
1. A track record of training specialists and a plan therefor;
2. Matters concerning preparation of courses;
3. Matters concerning experience and qualifications of instructors;
4. Matters concerning facilities and equipment necessary for training specialists;
5. A plan to finance operational expenses.
 Article 15 (Facilitation of Technological Development Projects)
(1) The head of a relevant central administrative agency may perform a model project to promote the projects under each subparagraph of Article 15 (1) of the Act.
(2) In order to facilitate technological cooperation, technological transfer and seamless distribution of information on technologies under Article 15 (1) of the Act, the head of a relevant central administrative agency may construct and operate an information system for the distribution of content technologies.
 Article 16 (Entrustment of Technological Development Projects)
Where the head of a relevant central administrative agency intends to entrust an entity with a project to develop content technologies under Article 15 (1) of the Act, he or she shall select an entity in comprehensive consideration of the staff, facilities, equipment, level of specialized knowledge, etc. possessed by the research institute or private organization intending to be entrusted therewith, and enter into a contract or an agreement containing the following matters with the entity:
1. The details and scope of the project to be entrusted;
2. The period of the project to be entrusted;
3. Reporting of the result of performance of the entrusted project;
4. Modification and rescission of the contract or agreement, and measures to be taken in case of violation;
5. Other matters necessary for performing the entrusted project.
 Article 17 (Entrustment of Projects, etc. to Promote Standardization)
Article 16 shall apply mutatis mutandis to matters necessary for the methods and procedures in entrusting projects necessary for the standardization of contents under Article 16 (1) of the Act; projects to facilitate international cooperation and overseas expansion under Article 17 (1) of the Act; projects to establish and disseminate a system of identifying contents under Article 23 (2) of the Act; duties concerning the standard contract under Article 25 (1) of the Act; and duties concerning the protection, etc. of users under Article 26 (1) and (2) of the Act.
 Article 18 (Financial Support)
Pursuant to Article 18 (2) of the Act, the heads of relevant central administrative agencies may provide the following support to promote the content industry:
1. Support according to the completion guarantee accounts established pursuant to Article 10-2 of the Framework Act on the Promotion of Cultural Industries;
2. Support for providing contents as a security;
3. Evaluation of technologies for the commercialization of contents and provision of advice thereon;
4. Other matters deemed necessary for promoting the content industry,
CHAPTER III-2 KOREA CONTENTS FINANCIAL COOPERATIVE
 Article 18-2 (Authorization for Korea Contents Financial Cooperative)
(1) When content business operators intend to establish the Korea Contents Financial Cooperative (hereinafter referred to as "Financial Cooperative") under Article 20-2 (1) of the Act, at least ten content business operators, acting as promoters, shall prepare articles of association, put the articles of association to voting at the inaugural general meeting, and file an application for authorization with the Minister of Culture, Sports and Tourism.
(2) When the Minister of Culture, Sports and Tourism grants authorization under paragraph (1), he or she shall publicly announce such fact.
(3) Necessary duties until the Financial Cooperative is established and executives are appointed shall be performed by promoters.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-3 (Matters to Be Stated in Articles of Association of Financial Cooperative)
Matters to be stated in the articles of association of the Financial Cooperative under Article 20-2 (3) of the Act shall be as listed hereunder:
1. Purpose;
2. Name;
3. Location of office;
4. Matters concerning business;
5. Matters relating to executive officers and employees;
6. Matters concerning the qualification of members, entry and withdrawal;
7. Matters concerning the rights and obligations of members;
8. Matters concerning the amount of one investment account, methods of investment, etc.;
9. Matters concerning the creation of an endowment, and the operation and management thereof;
10. Matters concerning assets and accounting;
11. Matters concerning handling of surpluses, reserve funds and losses;
12. Matters concerning general meetings and board of directors;
13. Matters concerning dissolution and how to deal with remaining property;
14. Matters concerning the establishment of branches, etc.;
15. Matters concerning public announcements;
16. Matters concerning agents;
17. Matters concerning the modification of the articles of association.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-4 (Registration of Financial Cooperative)
(1) When establishment of the Financial Cooperative is authorized, it shall register the following matters at the location of its main office: <Amended on Dec. 30, 2015>
1. Purpose;
2. Name;
3. Business;
4. Location of office;
5. Date on which the establishment is authorized;
6. Amount of total investment, amount of one investment account and methods of investment;
7. Matters concerning restrictions on the transfer of investment certificates;
8. Names, addresses and dates of birth of executive officers;
9. Matters concerning restrictions on representation;
10. Matters concerning agents;
11. Methods of public announcement.
(2) Where modifications are made to the registered matters (excluding the registered matters on the amount of total investment) under each subparagraph of paragraph (1), the modifications shall be registered within three weeks after the modifications are made.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-5 (Operation and Supervision of Financial Cooperative)
(1) Pursuant to Article 20-2 (3) of the Act, the Minister of Culture, Sports and Tourism shall supervise the Financial Cooperative on the following duties:
1. Matters determined at general meetings and by the board of directors;
2. Matters concerning the qualification of members, entry, and withdrawal;
3. Matters concerning business plans and budgets;
4. Matters concerning organizational structure and organization;
5. Other matters concerning the performance of duties entrusted by the Minister of Culture, Sports and Tourism or the performance of duties specified by the articles of association.
(2) The Financial Cooperative shall obtain approval from the Minister of Culture, Sports and Tourism for its business plans and budgets.
(3) For supervision of duties of the Financial Cooperative, the Minister of Culture, Sports and Tourism may have the Financial Cooperative make a report on the matters under each subparagraph of paragraph (1) and order it to submit necessary data. In such cases, the Financial Cooperative shall follow the order unless any justifiable ground exists.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-6 (Business of Financial Cooperative)
(1) "Other business prescribed by Presidential Decree" in Article 20-3 (1) 8 of the Act means the following business for the promotion of the content industry:
1. Business of inspection and research relating to the mutual aid of the content industry;
2. Business concerning management consulting, diagnosis and instruction, education and training for members;
3. Provision of information concerning taking orders, etc. from foreign countries regarding contents and related business;
4. Business for the improvement of welfare of members and persons employed by members;
5. Investment in the related business necessary in attaining the purpose of the Financial Cooperative;
6. Business incidental to the business under subparagraphs 1 through 5, which is specified by the articles of association.
(2) The Financial Cooperative may run the following business to target content business operators who is not a member as specified by the articles of association and mutual aid provisions insofar as such business does not impede member’s use:
1. Investment under Article 20-3 (1) 1 of the Act and loans to the companies in which such investment is made;
2. Business under paragraph (1) 2 through 4.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-7 (Creation of Endowments)
"Financial resources prescribed by Presidential Decree" in Article 20-4 (1) 2 of the Act means the following: <Amended on Jul. 2, 2019>
1. Contributions and deposits paid by institutions related to the content industry and by related persons, etc.;
2. Loans to mutual aid operations;
3. Profits and other incomes.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-8 (Approval for Mutual Aid Provisions)
"Other important matters prescribed by Presidential Decree" in the former part of Article 20-5 (3) of the Act means the following:
1. Matters concerning investment and installment payments by members;
2. Matters concerning reserve funds, accumulated money and profits;
3. Matters concerning loans for members, and total amount of guarantee and fees for guarantee;
4. Matters concerning the creation and operation of an endowment for the Financial Cooperative.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-9 (Accumulation and Operation of Loss Compensation Reserve Funds)
(1) The loss compensation reserve funds under Article 20-6 (1) of the Act shall be separately accumulated and operated within the scope of 5/100 of the amount obtained by aggregating loans, debt guarantee amount and performance guarantee amount.
(2) The loss compensation reserve funds under paragraph (1) shall not be used for a purpose other than for compensation for loss incurred with regard to the mutual aid operations and for expenses necessary for managing compensation for loss.
(3) Matters necessary for accumulation, operation, etc. of loss compensation reserve funds shall be specified by mutual aid provisions.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-10 (Investment and Investment Certificates)
(1) The total amount of nominal value of investment accounts opened by members shall be the total amount of investment in the Financial Cooperative.
(2) The Financial Cooperative shall issue investment certificates indicating members' investment and deliver the investment certificates to the members as specified by the articles of association.
(3) Members shall pay in cash for the full amount of investment, and the payment shall not be set off by claims against the Financial Cooperative.
(4) Members' liability shall be limited to the amount of investment they make.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-11 (Transfer of Title to Investment Certificates)
(1) Where a member or a person who has been a member intends to transfer his or her stake in the Financial Cooperative pursuant to Article 20-8 (1) of the Act, he or she shall obtain authorization for transfer of title to a person intending to acquire the stake from the Financial Cooperative as specified by the articles of association.
(2) Where the Financial Cooperative acquires a stake due to a reason under Article 20-9 (1) 2 or 3 of the Act, it shall transfer the title to the Financial Cooperative and dispose of the stake.
[This Article Newly Inserted on Aug. 17, 2012]
 Article 18-12 (Budget and Settlement)
(1) The Financial Cooperative shall prepare a business plan and a budget bill for each business year which are to be approved at the general meeting within two months before the start of the relevant business year; it shall prepare a statement of settlement of accounts for each business year and obtain approval at the general meeting within two months from the end of the relevant business year.
(2) Matters necessary for special business account, revised supplementary budget, reserve funds, etc. relating to the preparation of the budget bill under paragraph (1) shall be specified by the articles of association.
(3) The Financial Cooperative shall prepare a statement of financial position and an income statement within two months from the end of each business year and keep them in the main office, branches and sub-branches and publicly announce the statement of financial position.
[This Article Newly Inserted on Aug. 17, 2012]
CHAPTER IV RATIONALIZATION OF DISTRIBUTION OF CONTENTS
 Article 19 (Designation of Institutions Certifying Content Transactions)
(1) The technical staff, financial capabilities, facilities, equipment and other necessary requirements that an entity intending to be designated as an institution certifying the fact of content transactions under Article 21 (2) of the Act (hereinafter referred to as "certifying institution") is required to have shall be as listed hereunder: <Amended on Mar. 23, 2013; Jul. 26, 2017>
1. Technical staff: At least three technical staff members who are specialists in exclusive charge of facilities and equipment necessary for certifying the fact of content transactions:
(a) That they shall have a national technical qualification equivalent to an information and communications engineer, data processing engineer or computer system application engineer or higher, or a qualification determined and publicly notified by the Minister of Science and ICT as being equivalent to such qualification;
(b) That each holder of a qualification under item (a) shall have at least two years’ work experience in the field of protection of information, or operation and management of information and communications as determined and publicly notified by the Minister of Science and ICT;
2. Financial capability: To have a capital of at least three billion won;
3. Facilities and equipment: To have the following facilities:
(a) Facilities to create, issue and manage certificates of the fact of content transactions;
(b) Facilities to manage users’ registered information;
(c) Network and inspection facilities to provide users with information relating to certification of the fact of content transactions;
(d) Facilities to protect content business operators’ transactional information and users’ personal information;
(e) Protection facilities to safely operate facilities and equipment relating to the certification of the fact of content transactions;
(f) Facilities to create and manage information on the creation of electronic signatures and information on the verification of electronic signatures;
4. Internal business rules specifying procedures for the management and operation of facilities under subparagraph 3 and for the methods thereof.
(2) An entity intending to be designated as a certification institution shall file an application for designation as a certification institution accompanied by the documents prescribed by Ordinance of the Ministry of Science and ICT with the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(3) Upon receipt of an application for designation under paragraph (2), the Minister of Science and ICT shall designate the applicant as a certification institution if the applicant meets the requirements for designation under paragraph (1) in consultation with the Minister of Culture, Sports and Tourism, and issue a certificate of designation as a certification institution certifying the fact of content transactions prescribed by Ordinance of the Ministry of Science and ICT. In such cases, the Minister of Science and ICT shall publicly announce the designation of a certification institution on the website, etc. of the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
 Article 20 (Entities Eligible for Certification of Fact of Content Transactions)
(1) A certification institution may certify the fact of a content business operator’s content transactions under Article 21 (1) of the Act, who meets the following requirements:
1. That the content business operator shall implement the digital signature under subparagraph 2 of Article 2 of the Digital Signature Act;
2. That the content business operator shall be equipped with facilities and equipment for securing the stability of content transactions. In such cases, borrowed facilities and equipment shall be allowed.
(2) Where a certification institution certifies the fact of a content business operator’s content transactions pursuant to paragraph (1), it shall issue a mark of certification of the fact of content transactions to the content business operator.
(3) The mark of certification of the fact of content transactions under paragraph (2) shall be easily recognizable for the general public as being related to certification of relevant content transactions.
 Article 21 (Transfer of Duties of Certification of Fact of Content Transactions of Certification Institutions the Designation of which Is Revoked)
(1) A certification institution the deisgnation of which is revoked pursuant to Article 21 (4) of the Act shall transfer records on the certification of the fact of content transactions to another certification institution: Provided, That where transfer of records on certification of the fact of content transactions is impracticable due to extenuating circumstances, it shall, without delay, notify the Minister of Science and ICT of such fact. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) Where the Minister of Science and ICT intends to revoke the designation of a certifying institution pursuant to Article 21 (4) of the Act, he or she shall hold a hearing. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(3) When the Minister of Science and ICT revokes the designation of a certifying institution pursuant to Article 21 (4) of the Act, he or she shall publicly announce such fact and notify the relevant certifying institution of such fact. <Amended on Mar. 23, 2013; Jul. 26, 2017>
4) The Minister of Science and ICT may publicly announce matters necessary for the transfer and takeover under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017>
 Article 22 (Conducting, etc. Demonstration Business)
(1) In order to swiftly implement the project of certifying the fact of content transactions under Article 21 (1) of the Act, the Minister of Science and ICT and the Minister of Culture, Sports and Tourism may conduct demonstration business. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) Pursuant to Article 21 (5) of the Act, the Minister of Science and ICT and the Minister of Culture, Sports and Tourism may support expenses, in whole or in part, necessary for installing facilities and equipment needed in certifying the fact of content transactions for content business operators, certifying institutions, etc. <Amended on Mar. 23, 2013; Jul. 26, 2017>
 Article 23 (Designation of Content Provision Service Quality Certification Institutions)
(1) "Operational standards prescribed by Presidential Decree” in Article 22 (1) of the Act means any of the following matters:
1. To have facilities by which certification of the quality of content provision service in a stable manner is possible;
2. To have evaluation procedures by which certification of the quality of content provision service is impartially conducted;
3. To target a content provision service not in violation of moral standards or public order.
(2) The standards for designating an institution that certifies the quality of content provision service under Article 22 (2) of the Act (hereinafter referred to as "content provision service quality certification institution") shall be as listed hereunder:
1. That the institution shall have at least specialists meeting any of the following requirements, who take exclusive charge of the duties of certifying the quality of content provision service:
(a) That the specialists shall have specialized knowledge in the standards for certifying the quality of content provision service and in the methods of certifying quality;
(b) That the specialists shall meet the qualification requirements under Article 19 (1) 1 (a) or have at least one year’s work experience in the duties of certifying the quality of content provision service;
2. That the institution shall have an organization needed for dealing with the duties of certifying the quality of content provision service;
3. Deleted; <Jan. 5, 2021>
4. That the institution shall have the following facilities and equipment:
(a) Facilities by which quality certificates are created, issued and managed;
(b) Network facilities by which information on quality certification is provided to content business operators, etc. who request quality certification;
(c) Facilities by which the corporate or personal information of content business operators who request quality certification is protected;
5. That the institution shall have internal business rules specifying procedures for the management and operation of facilities under subparagraph 4 and the methods of quality evaluation.
(3) An entity intending to be designated as a content provision service quality certification institution shall file an application for designation of a content provision service quality certification institution accompanied by documents prescribed by Ordinance of the Ministry of Science and ICT with the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(4) Upon receipt of an application for designation under paragraph (3), the Minister of Science and ICT shall designate the applicant as a content provision service quality certification institution if the applicant is deemed to meet the requirements for designation under paragraph (2) in consultation with the Minister of Culture, Sports and Tourism, and issue a certificate of designation as a content provision service quality certification institution prescribed by Ordinance of the Ministry of Science and ICT. In such cases, the Minister of Science and ICT shall publicly announce the designation of a content provision service quality certification institution on the website, etc. of the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
 Article 24 (Targets of Certification of Quality of Content Provision Service)
(1) The certification of the quality of content provision service shall target content provision services provided by a content business operator, etc.
(2) Where a content provision service quality certification institution judges that a content provision service is in violation of moral standards or public order, it may exclude the service from the target of quality certification.
 Article 25 (Standards for Certification of Quality of Content Provision Service)
The detailed standards for certification of the quality of content provision service shall be determined and publicly announced by the Minister of Science and ICT in consideration of the following matters: <Amended on Mar. 23, 2013; Jul. 26, 2017>
1. Content provision service technologies:
Functionality of content provision service, stability of content provision service, etc.;
2. Business foundation of content provision service:
Management situation of business operators, organization and staff of business operators, level of information protection, etc.;
3. Customer management:
Customer satisfaction management system, customer complaint collection system, etc.
 Article 26 (Operational Standards for Content Provision Service Quality Certification Business)
A content provision service quality certification institution shall set operational standards including the following matters:
1. Targets and scope of content certification;
2. Methods of implementing the duties of quality certification and procedures therefor;
3. Conditions for use of quality certification;
4. Period of validity of quality certification and re-evaluation.
 Article 27 (Issuance of Certificates of Quality of Content Provision Service)
(1) A person who intends to obtain certification of the quality of content provision service under Article 22 of the Act shall apply for quality certification to a content provision service quality certification institution designated pursuant to Article 23 (4).
(2) When a content provision service quality certification institution conducts quality certification for a content business operator, etc., it shall issue a quality certificate to the relevant content business operator, etc.
 Article 28 (Dissemination of Content Identification Systems)
(1) For introduction and facilitation of the use of a content identification system (hereinafter referred to as “identification system”) under Article 23 (2) of the Act, the Minister of Culture, Sports and Tourism may support the following business:
1. Business of distributing the contents produced or used by the State or public institutions after putting an identification system;
2. Business of distributing contents after newly putting an identification system;
3. Business of changing an identification system for mutual connection, etc.;
4. Other business that the Minister of Culture, Sports and Tourism deems necessary.
(2) The Minister of Culture, Sports and Tourism may determine and publicly announce matters necessary for promoting the business under Article 23 (2) of the Act. In such cases, he or she shall have consultation with the heads of relevant central administrative agencies.
 Article 29 (Scope of Information and Communications Network Business Operators)
(1) "A person prescribed by Presidential Decree" in Article 24 (1) of the Act means a businessman who provides telephone services, services of leasing telecommunications line equipment and facilities, services of providing frequencies after being allocated therewith, internet connection services or internet telephone services from among the common telecommunications services under subparagraph 11 of Article 2 of the Telecommunications Business Act. <Amended on Aug. 17, 2012>
(2) "Persons prescribed by Presidential Decree" in Article 24 (2) of the Act means a businessman who provides value-added telecommunications services under subparagraph 12 of Article 2 of the Telecommunications Business Act (excluding a businessman who is exempt from the duty to make a report pursuant to the latter part of Article 22 (1) of the same Act) and a businessman who provides special value-added telecommunications services under subparagraph 13 of Article 2 of the same Act. <Newly Inserted on Aug. 17, 2012>
[This Article Wholly Amended on Aug.17, 2012]
CHAPTER V PROTECTION OF USERS' RIGHTS AND INTERESTS
 Article 30 (Details of Terms of Content Transactions)
Where a content business operator intends to set the terms of transactions for the protection of users when transacting contents pursuant to Article 28 (2) of the Act, he or she shall include details of the following matters:
1. Methods of refunding erroneously or excessively paid money and procedures therefor;
2. Methods of withdrawing orders, and rescinding or terminating a contract for the use of contents, and effects thereof;
3. Standards for compensation for damage suffered by users due to defects in the contents, scope and methods thereof, and procedures therefor;
4. Methods of dispute settlement, and procedures therefor;
5. Other matters necessary for protecting users when contents are transacted.
CHAPTER VI MEDIATION OF DISPUTES
 Article 31 (Reasons for Refusing Mediation)
"Where a reason prescribed by Presidential Decree exists“ in Article 34 (1) of the Act means any of the following:
1. Where a person who does not have direct interest makes an application for mediation;
2. Where an applicant requests mediation at least twice on the same case with the same intent;
3. Where an applicant does not supplement an application for mediation within the deadline without justifiable grounds;
4. Where a lawsuit is filed or is in progress;
5. Where an applicant files an application for mediation with another mediation institution;
6. Where the details of an application for mediation are fraudulent;
7. Other cases in which the details of an application are deemed to be in violation of moral standards or public order, which are determined and publicly notified by the content dispute mediation committee.
 Article 32 (Mediation Expenses)
(1) Where a case occurs, which is determined by the content dispute mediation committee under Article 29 of the Act that an applicant for mediation assume mediation expenses, the applicant for such case shall pay the expenses beforehand when the applicant files an application for mediation under Article 35 (1) of the Act.
(2) The amount of mediation expenses under paragraph (1) shall be determined by the content dispute mediation committee under Article 29 of the Act.
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 33 (Methods of Indicating Marks)
"As prescribed by Presidential Decree" in Article 37 (1) of the Act means any of the following indication methods:
1. Where the mark is indicated on the content:
(a) Date of production, producer's name and the fact that the content is protected pursuant to this Act shall be indicated on the upper right side of the screen being used in the order stated hereinbefore; in order to indicate that the content is protected pursuant to this Act, the following design and details shall all be indicated:
(i) Painting the rim of the following design gray, inside character C black and the inner part except the character C white. In such cases, the Minister of Culture, Sport and Tourism shall post the following design on the website, etc. of the Ministry of Culture, Sport and Tourism:
(ii) The expression “This content is protected for five years from the date of first production pursuant to the Content Industry Promotion Act.”;
(b) To indicate the date of production, producer's name and the fact that the content is protected pursuant to this Act on the upper right side in a size equivalent to at least 1/10 of the total size of the screen being used;
(c) To indicate the date of production, producer's name and the fact that the content is protected pursuant to this Act in a freeze-frame lasting at least one second;
(d) To indicate the date of production, producer's name and the fact that the content is protected pursuant to this Act in a color contrasting to the color of the screen being used;
2. Where the mark is indicated on the package:
(a) Date of production, producer's name and the fact that the content is protected pursuant to this Act shall be indicated in that order on the upper right side of the cover of the package where such facts are indicated; in order to indicate that the content is protected pursuant to this Act, the following design and details shall all be indicated:
(i) Painting the rim of the following design gray, inside character C black and the inner part except the character C white. In such cases, the Minister of Culture, Sport and Tourism shall post the following design on the website, etc. of the Ministry of Culture, Sport and Tourism:
(ii) The expression “This content is protected for five years from the date of first production pursuant to the Content Industry Promotion Act.”;
(b) To indicate the date of production, producer's name and the fact that the content is protected pursuant to this Act on the upper right side in a size equivalent to at least 1/10 of the total size of the screen being used;
(c) To indicate the date of production, producer's name and the fact that the content is protected pursuant to this Act in a color contrasting to the color of the cover of the package where such are indicated.
 Article 34 (Re-Examination of Regulations)
The Minister of Culture, Sports and Tourism shall examine the propriety of the details of the terms of content transactions under Article 30 every two years (referring to the period until before January 1 of every second year) on the basis of January 1, 2015, and take improvement measures, etc.
[This Article Newly Inserted on Dec. 9, 2014]
ADDENDA <Presidential Decree No. 22521, Dec. 10, 2010>
ADDENDA <Presidential Decree No. 23036, Jul. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24045, Aug. 17, 2012>
This Decree shall enter into force on August 18, 2012.
ADDENDA <Presidential Decree No. 24453, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the part that amends a Presidential Decree, which is promulgated before this Decree enters into force whose enforcement date has not yet arrived from among the Presidential Decrees amended pursuant to Article 5 of Addenda, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27488, Sep. 5, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the part that amends a Presidential Decree, which is promulgated before this Decree enters into force whose enforcement date has not yet arrived from among the Presidential Decrees amended pursuant to Article 8 of Addenda, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31379, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Requirements for Designation or Entrustment)
This Decree shall begin to apply to cases where procedures for designation or entrustment commence for purposes of designation or entrustment under the statutes or regulations amended by this Decree after this Decree enters into force.
ADDENDUM <Presidential Decree No. 31836, Jun. 29, 2021>
This Decree shall enter into force on the date of its promulgation.