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ENFORCEMENT DECREE OF THE SPECIAL ACT ON ASSISTANCE IN DEVELOPMENT OF LOCAL NEWSPAPERS

Presidential Decree No. 18559, Oct. 5, 2004

Amended by Presidential Decree No. 20142, jun. 29, 2007

Presidential Decree No. 20676, Feb. 29, 2008

Presidential Decree No. 21813, Nov. 9, 2009

Presidential Decree No. 22003, Jan. 27, 2010

Presidential Decree No. 22397, Sep. 20, 2010

Presidential Decree No. 23928, Jul. 4, 2012

Presidential Decree No. 24185, Nov. 20, 2012

Presidential Decree No. 25853, Dec. 16, 2014

Presidential Decree No. 27121, May 4, 2016

Presidential Decree No. 32183, Dec. 7, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Special Act on Assistance in Development of Local Newspapers and matters necessary for the enforcement thereof. <Amended on Nov. 9, 2009>
 Article 2 (Formulation of Plans for Assistance in Developing Local Newspapers)
(1) Where the Minister of Culture, Sports and Tourism intends to formulate a plan for assistance in developing local newspapers under Article 6 of the Special Act on Assistance in Development of Local Newspapers (hereinafter referred to as the "Act"), he or she shall seek in advance the opinions of the Committee for Local Press (hereinafter referred to as the "Committee") established under Article 7 of the Act.
(2) When necessary to formulate and implement a plan for assistance in developing local newspapers, the Minister of Culture, Sports and Tourism may request necessary cooperation from the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the heads of press-related organizations.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 3 (Duties of Chairperson)
(1) The chairperson of the Committee (hereinafter referred to as the "chairperson") shall represent the Committee and exercise general supervision over its affairs.
(2) If the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson; and if both the chairperson and the vice chairperson are unable to perform their duties, a member predesignated by the chairperson shall act on behalf of the chairperson.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 3-2 (Exclusion of, Challenge to, or Recusal of Members)
(1) Where a member of the Committee (hereinafter referred to as "member") falls under any of the following cases, he or she shall be excluded from deliberation or inspection by the Committee under Article 9 (1) 4 or 5 of the Act (hereinafter referred to as "deliberation, etc."):
1. Where a member or the current or former spouse of a member becomes a party to the case at issue (including executive officers, if the party is a legal person or organization, etc.; hereafter in this subparagraph and subparagraph 2, the same shall apply) or a member is a joint right holder or joint obligor with a party to the case at issue;
2. Where a member is or was a relative of a party to the case at issue;
3. Where a member has provided advice, delivered services, or performed appraisal with respect to the case at issue;
4. Where a member or a legal person or organization, etc. to which he or she belongs is or was an agent of a party to the case at issue;
5. Where a member is holding or has held a post as an executive officer or employee of a party to the case at issue.
(2) If the circumstances indicate that it would be impracticable to expect fair deliberations, etc. of a member, a party to the case at issue may file a request for challenge to the member with the Committee, which shall make a decision thereon by resolution. In such cases, the member against whom the request is filed shall not participate in the resolution.
(3) If a member finds that he or she is subject to exclusion on the ground specified in the subparagraphs of paragraph (1), the member shall recuse himself or herself from deliberation, etc. on the case at issue.
[This Article Newly Inserted on Jul. 4, 2012]
 Article 3-3 (Dismissal of Members)
Where a member falls under any one of the following cases, the Minister of Culture, Sports and Tourism may dismiss the member:
1. Where a member becomes unable to perform his or her duties due to a mental or physical disability;
2. Where a member is deemed unfit to serve as a member on the grounds of neglect of duty, loss of dignity, etc.;
3. Where a member is subject to exclusion on the ground specified in any subparagraph of Article 3-2 (1) but fails to recuse himself or herself from deliberation, etc.
[This Article Newly Inserted on Jul. 4, 2012]
 Article 4 (Subcommittees)
(1) The Committee shall have subcommittees for each field determined by the Committee, including the use of the Fund and eligibility recipients, pursuant to Article 9 (2) of the Act.
(2) Members of a subcommittee shall be comprised of at least three members designated by the chairperson from among the members of the Committee, and each subcommittee may have up to five part-time expert members.
(3) Each subcommittee shall perform duties regarding matters designated for each field by the Committee and report the outcomes thereof to the Committee.
(4) Allowances and travel expenses may be paid or reimbursed to part-time expert members under paragraph (2) within the budget.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 5 (Seeking Opinions)
When deemed necessary in connection with the matters to be deliberated upon by the Committee, the chairperson may seek opinions from related experts or interested parties, etc.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 6 (Operating Rules)
Except as provided in this Decree, matters necessary for the composition and operation of the Committee and the subcommittees shall be determined by the chairperson after resolution by the Committee.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 7 (Management and Operation of Fund)
The Minister of Culture, Sports and Tourism may open an Account for the Local Newspapers Development Fund in the Bank of Korea in order to clarify the revenues and expenditures of the Local Newspapers Development Fund under Article 13 (1) of the Act (hereinafter referred to as the "Fund").
[This Article Wholly Amended on Nov. 20, 2012]
 Article 8 (Entrustment of Management and Operation of Fund)
Pursuant to Article 14 (2) of the Act, the Minister of Culture, Sports and Tourism shall entrust the following administrative affairs among administrative affairs on the management and operation of the Fund to the Korea Press Foundation established pursuant to Article 29 of the Act on the Promotion of Newspapers (hereafter in this Article and Articles 9 and 10 referred to as the "entrusted institution"); and in such cases, any expenses incurred in performing the affairs entrusted to the entrusted institution shall be borne by the Fund:
1. Receipts and disbursements of the Fund;
2. Operation of surplus of the Fund;
3. Preparation of a report on closing accounts of the Fund;
4. Other affairs relating to the management and operation of the Fund, as determined by the Minister of Culture, Sports and Tourism.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 9 (Accounting Agency of Fund)
(1) Where the entrusted institution is entrusted with the affairs on the management and operation of the Fund pursuant to Article 8, the head of such institution shall appoint a director in charge of the revenue of the Fund and a director in charge of the encumbrance against the Fund from among the executive directors, shall appoint a disburser of the Fund and a cashier of the Fund from among the employees, and shall report such fact to the Minister of Culture, Sports and Tourism; and in such cases, the directors and the employees appointed shall perform the following duties:
1. The director in charge of the revenue of the Fund: Duties of a fund revenue collection officer;
2. The director in charge of the encumbrance against the Fund: Duties of a fund financial officer;
3. The disburser of the Fund: Duties of a fund disbursement officer;
4. The cashier of the Fund: Duties of a public official in charge of fund accounts.
(2) The Minister of Culture, Sports and Tourism shall notify the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea of the appointment of the accounting agency under paragraph (1), respectively.
(3) The head of the entrusted institution may appoint up to three fund-related experts to systematically operate and manage the Fund.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 10 (Formulation of Draft Plans for Fund Operation)
(1) Each fiscal year, the Minister of Culture, Sports and Tourism shall formulate a draft plan for fund operation after deliberation by the Committee.
(2) A draft plan for fund operation under paragraph (1) shall include the following:
1. Matters concerning revenues of and expenditures from the Fund;
2. An appropriation plan of the Fund for each project;
3. Expenses incurred in managing and operating the Fund.
(3) The entrusted institution shall report the receipts and disbursements of the Fund and the status of fund operation as of the last day of each quarter to the Minister of Culture, Sports and Tourism by the 10th day of the month following each quarter.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 10-2 (Use of Fund)
"Projects prescribed by Presidential Decree" in subparagraph 5 of Article 15 of the Act means the following:
1. Projects to assist in improving content of local newspapers and pages thereof;
2. Projects to assist with subscription of underprivileged classes to local newspapers, education on reading culture, and local community activities;
3. Public interest projects of the press, including assistance with self-review of local newspapers.
[This Article Newly Inserted on Sep. 20, 2010]
 Article 11 (Subsidization from Fund)
"Matters prescribed by Presidential Decree" in Article 16 (1) 4 of the Act means the following:
1. The following acts in connection with a violation of the Act on the Promotion of Newspapers;
(a) An act of publishing a newspaper without filing for registration in violation of Article 9 (1) of the Act on the Promotion of Newspapers;
(b) A violation of Article 18 (1) or (2) of the Act on the Promotion of Newspapers;
(c) An act of publishing a newspaper in violation of any disposition taken under Article 22 (1) or (2) or 23 of the Act on the Promotion of Newspapers;
(d) Any act of establishing a branch office or district office of a foreign newspaper in Korea without filing for registration under Article 28 (1) of the Act on the Promotion of Newspapers;
2. A violation of Article 43 of the Labor Standards Act or Article 81 of the Trade Union and Labor Relations Adjustment Act;
3. A violation of Article 3-2 (1), 19 (1), 23 (1), 26 (1), or 29 (1) of the Monopoly Regulation and Fair Trade Act;
4. An act falling under an offense prescribed in Article 283 (1), 284, 285 (limited to an offense prescribed in Article 283 (1) or 284), 286 (limited to an offense prescribed in Article 283 (1), 284, or 285), 347, 349, 350, 351 (limited to an offense prescribed in Article 347, 349, or 350), 352 (limited to an offense prescribed in Article 347, 350, or 351), 355, 356, 357, or 359 of the Criminal Act; or prescribed in Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes;
5. An act subject to punishment under Article 109 or 111 of the Attorney-at-Law Act;
6. An act of receiving money, valuables, or other gains, in violation of Article 32 of the Employment Security Act.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 12 (Documents to Be Submitted)
(1) "Matters prescribed by Presidential Decree" in Article 16 (2) of the Act means the following:
1. Matters to verify whether a local newspaper falls under the subparagraphs of Article 16 (1) of the Act;
2. Matters to verify whether a local newspaper falls under the subparagraphs of Article 13 (1);
3. Data necessary for evaluation in accordance with the criteria specified in the attached Table;
4. A plan to use the subsidy.
(2) The details of documents that must be submitted to the Minister of Culture, Sports and Tourism pursuant to Article 16 (2) of the Act shall be determined and publicly notified by such Minister, after deliberation by the Committee.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 13 (Criteria for Preferential Subsidization)
(1) Pursuant to Article 16 (3) of the Act, the Minister of Culture, Sports and Tourism may give priority to providing a subsidy from the Fund to local newspapers that are selected from assessment by the Committee in accordance with the criteria specified in the attached Table, among local newspapers falling under all of the following requirements:
1. Editorial autonomy shall be ensured in such a way that the publisher and the editor-in-chief of a local newspaper, among other things, equally participate in establishing and implementing editorial regulations;
2. The relevant local newspaper, controlling stockholder, publisher, editor, or other executive officers shall have not been subject to a fine or heavier criminal punishment for any act prescribed in subparagraphs 2 through 6 of Article 11 in connection with the operation of the local newspaper within one year before the date an application for the Fund was filed;
3. The relevant local newspaper shall have no amount of unpaid premiums for health insurance, national pension insurance, employment insurance, and industrial accident compensation insurance for its employees within one year before the date an application for the Fund was filed.
(2) Detailed matters necessary for the standards for allotment and ratio of the evaluation under paragraph (1), and the detailed methods, procedures, etc. for the selection of recipients eligible for the Fund shall be determined by the chairperson of the Committee, after its resolution.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 14 (Entrustment of Authority)
Pursuant to Article 19 of the Act, the Minister of Culture, Sports and Tourism shall entrust the following affairs to the Korea Press Foundation established pursuant to Article 29 of the Act on the Promotion of Newspapers:
1. Affairs on subsidization from the Fund prescribed in Article 16 (1) and (3) of the Act;
2. Affairs on receiving documents submitted pursuant to Article 16 (2) of the Act;
3. Affairs on receiving reports on results of projects under Article 17 (2) of the Act.
[This Article Wholly Amended on Nov. 20, 2012]
 Article 15 (Management of Personally Identifiable Information)
The Minister of Culture, Sports and Tourism (including persons to whom the authority of such Minister is entrusted under Article 14) may manage data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs:
1. Affairs to check whether a member has grounds for disqualification for membership under Article 10-2 of the Act;
2. Affairs concerning subsidization of local newspapers from the Fund under Article 16 of the Act.
[This Article Newly Inserted on Dec. 16, 2014]
ADDENDA <Presidential Decree No. 18559, Oct. 5, 2004>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Term of Validity) This Decree shall be valid until December 31, 2022. <Amended on Sep. 20, 2010; May 4, 2016>
ADDENDA <Presidential Decree No. 20142, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21813, Nov. 9, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22397, Sep. 20, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 24185, Nov. 20, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25853, Dec. 16, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27121, May 3, 2016>
This Decree shall enter into force on May 4, 2016.
ADDENDUM <Presidential Decree No. 32183, Dec. 7, 2021>
This Decree shall enter into force on the date of its promulgation.