The purpose of this Decree is to prescribe matters mandated by the Public Performance Act and matters necessary for the enforcement thereof. [This Article Wholly Amended on Nov. 25, 2011]
| Article 1-2 (Scope of Performance Hall) |
"A facility prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Public Performance Act (hereinafter referred to as the "Act") means a facility installed and operated for the purpose of providing it for the performances for at least 90 days during a year or for at least 30 consecutive days. [This Article Wholly Amended on Nov. 25, 2011]
| Article 2 (Master Plan for Promotion of Performing Arts) |
"Other important matters concerning the promotion of performing arts as prescribed by Presidential Decree" in Article 3 (2) 8 of the Act means matters concerning the support by local governments for performing arts-related events: <Amended on Jul. 19, 2022> | 1. | Deleted; <Jul. 19, 2022> |
| 2. | Deleted; <Jul. 19, 2022> |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 3 (Designation and Operation of Dedicated Institutions) |
| (1) | "An institution that meets the requirements prescribed by Presidential Decree for personnel and organizations as a responsible institution" in Article 4 (4) of the Act means a public institution (referring to a public institution under Article 4 of the Act on the Management of Public Institutions) or a non-profit corporation established for the main purpose of promoting performing arts pursuant to Article 32 of the Civil Act, which conducts the affairs related to performing arts and satisfies all of the following requirements: <Amended Aug. 9, 2022; Nov. 21, 2023> |
| 1. | To secure at least 5 professional personnel classified as follows, who are dedicated to operating the Korea Performing Arts Box Office Information System under Article 4 (1) of the Act (hereinafter referred to as the "KOPIS"); In such cases, there shall be at least 1 person in charge of the duties referred to in item (a): |
| (a) | Person in charge of affairs: A person who falls under any of the following: |
| i) | A person who has obtained a master's or doctoral degree in the field of performing arts or computer science (hereinafter referred to as "relevant field") (including cases of having an equivalent level of academic capability recognized under the statues or regulations; hereinafter the same shall apply) with more than 3 years of work experience (including experience before obtaining a degree) in the relevant field; |
| ii) | A person who has earned a bachelor's degree in the relevant field and has more than 5 years of work experience in the relevant field (including experience before obtaining a degree); |
| iii) | A person who has obtained an associate degree in the relevant field and has more than 7 years of work experience in the relevant field (including experience before obtaining the degree); |
| (b) | Employees other than those in charge of affairs: A person who falls under any of the following: |
| i) | A person who has earned a bachelor's degree in the relevant field and has at least 1 year of work experience in the relevant field (including experience before obtaining the degree); |
| ii) | A person with more than 3 years of experience working in the relevant field; |
| 2. | To secure an office and equipment to carry out work; |
| 3. | To have experience of performing duties related to the operation and management of an information system; |
| 4. | To be able to perform tasks such as the collection and management of information and the statistical analysis and research. |
| (2) | Where the Minister of Culture, Sports and Tourism designates a dedicated institution that operates KOPIS (hereinafter referred to as "KOPIS operator") pursuant to Article 4 (4) of the Act, he/she shall announce it in the official gazette. |
| (3) | The KOPIS operator shall perform the following affairs: |
| 1. | Formulation and implementation of an operational plan for the KOPIS; |
| 2. | Operation of the KOPIS; |
| 3. | Survey, research and analysis to promote the utilization of the KOPIS; |
| 4. | Other affairs recognized by the Minister of Culture, Sports and Tourism as necessary for the efficient operation of the KOPIS. |
[This Article Added on Jun. 25, 2019]
| Article 3-2 (Operation of KOPIS and Provision and Transmission of Performance Information) |
| (1) | A person who has an obligation to provide and transmit performance-related information (hereinafter referred to as "performance information") pursuant to Article 4 (2) and (3) of the Act (hereinafter referred to as "performance information provider") shall fulfill all of the following requirements: |
| 1. | Performance information shall be provided and transmitted so that it is stored in the database within the main server of the KOPIS; |
| 2. | Performance information shall be provided and transmitted to the KOPIS to be aggregated on a daily basis. |
| (2) | The KOPIS operator shall operate the KOPIS so that performance information pursuant to Article 4 (2) of the Act can be aggregated on a daily basis. |
| (3) | The KOPIS operator shall post the performance information compiled through the KOPIS on the Internet, etc. on a daily basis, and ensure that the trade secret of the performance information provider is not disclosed. The same also applies when modifying the posted information. |
[This Article Added on Jun. 25, 2019]
| Article 4 (Recommendation of Domestic Performances by Foreigners) |
| (1) | Pursuant to Article 6 (1) of the Act, a foreigner who intends to perform in Korea or a person who intends to invite a foreigner for a domestic performance shall submit an application for recommendation for domestic performance by foreigners as prescribed by Ministerial Decree of Culture, Sports and Tourism, to the Korea Media Rating Board (hereinafter referred to as the "Board") under Article 71 of the Promotion of the Motion Pictures and Video Products Act. |
| (2) | When the Board receives an application pursuant to paragraph (1), it examines whether the content or performers of the relevant performance fall under any subparagraph of Article 7 (1) of the Act, and decides whether to recommend it and the conditions for recommendation pursuant to Article 6 (4) of the Act. |
| (3) | When making a recommendation pursuant to paragraphs (1) and (2), the Board shall issue a letter of recommendation for performance by foreigners to the applicant, and shall notify the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) who has jurisdiction over the performance place of the recommendation. <Amended on Nov. 18, 2015> |
| (4) | If a person who has received a recommendation for the performance by foreigners wishes to change the details of recommendation, the provisions of paragraphs (1) through (3) shall apply. |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 5 Deleted.<May 17, 2016> |
| Article 6 (Restrictions on Presentation of Foreign Performances) |
"Standards prescribed by Presidential Decree" in Article 7 (1) 4 of the Act means justifying a criminal act or describing the means of a crime in excessive detail. [Wholly Amended on May 2, 2023]
| Article 7 (Procedures for Free Use of and Profiting from State and Public Property) |
| (1) | In cases where the State-owned property or public property is used and made profits free of charge pursuant to Article 8 (3) of the Act, matters related thereto shall be determined in a contract between the head of the central government agency of the State property or the management office of the public property and the trustee of the operation of a performance hall or a performance training center. |
| (2) | The content and conditions of, and procedures for, the contract under paragraph (1) shall be in accordance with the statutes and regulations governing the State property or the public property. |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 8 (Registration of Performance Halls) |
| (1) | A person who wishes to register a performance hall pursuant to Article 9 (1) of the Act shall submit an application for the registration of a performance hall to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the location of the performance hall, as prescribed by Ministerial Decree of Culture, Sports and Tourism. <Amended on Nov. 18, 2015> |
| (2) | The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall make a registration for which an application is filed under paragraph (1), except in any of the following cases: <Amended on Nov. 18, 2015> |
| 1. | If the applicant fails to satisfy the standards for facility prescribed by Ministerial Decree of Culture, Sports and Tourism; |
| 2. | If the applicant fails to satisfy the standards for safety inspection before design review and registration (in the case of design review, this applies only to performance halls that fall under Article 10 (1)) as a result of the safety inspection before design review and registration pursuant to Article 12 (1) of the Act; |
| 3. | If the applicant violates the restrictions under the Act or other statutes and regulations. |
| (3) | If the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu makes a registration in accordance with paragraph (2), he/she shall enter the matters of registration in the performance hall register and issue the registration certificate of a performance hall to the applicant. <Amended Nov. 18, 2015> |
| (4) | If a person who has been issued a performance hall registration certificate pursuant to paragraph (3) loses the registration certificate or the registration certificate is worn out to become unusable, he/she may apply for the re-issuance of the registration certificate to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Nov. 18, 2015> |
| (5) | Delete. <Nov. 18, 2015> |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 9 (Reporting of Disaster Response Plan) |
| (1) | The disaster response plan under Article 11 (1) of the Act shall include all of the following matters: <Amended on May 17, 2016> |
| 1. | Matters concerning the duties and management organization of a person who manages the facilities, etc. of the performance hall; |
| 2. | Matters regarding measures to be taken and contact information in case of emergency; |
| 3. | Matters related to fire prevention and measures to prevent casualties; |
| 4. | Matters related to safety management fees, safety management organization, and safety education corresponding to the provisions of Articles 11-2 through 11-4 of the Act. |
| (2) | A performance hall operator under Article 9 (1) of the Act (hereinafter referred to as "performance hall operator") shall formulate a disaster response plan for the following year pursuant to Article 11 (1) of the Act and report it to the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by December 31 of each year, and where he/she intends to modify the reported disaster response plan, he/she shall file a report on such modification before applying the modified plan: provided, where a performance hall operator files for the registration of a performance hall pursuant to Article 9 (1) of the Act, he/she shall report a disaster response plan for the relevant year along with an application for the registration of the performance hall. <Amended on Nov. 18, 2015; May 17, 2016> |
| (3) | Any person who intends to perform to an audience expected to be over 1,000 people at a facility or venue other than a performance hall shall, in accordance with Article 11 (3) of the Act, submit a disaster response plan, which includes the matters specified in each subparagraph of paragraph (1) and a plan for the security and deployment of safety management personnel, jointly with the operator of the relevant facility or venue 14 days prior to the start of the performance, to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; and if he/she intends to modify the reported plan, he/she shall file a modified report at least 7 days prior to the performance. <Amended on Nov. 18, 2015; Nov. 27, 2018> |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 9-2 (Safety Management Fee) |
| (1) | The operator of a performance hall with at least 500 seats and a person who intends to present a performance to an audience expected to be over 1,000 people at a venue other than a performance hall shall appropriate the safety management fee pursuant to Article 11-2 (1) of the Act (hereinafter referred to as "safety management fee") in the operation costs of the performance hall or the performance expenses in accordance with the following criteria: |
| 1. | Operator of a performance hall with at least 500 seats: 1% or more of the operating cost of the performance hall; |
| 2. | A person who intends to perform in a place other than a performance hall: |
| (a) | For performances expected to be attended by at least 1,000 but less than 3,000 people: 1.15% or more of the performance cost; |
| (b) | For performances expected to be attended by at least 3,000 people: 1.21% or more of the performance cost. |
| (2) | Performance hall operators, etc. pursuant to Article 10-2 (2) of the Act (hereinafter referred to as "performance hall operators, etc.") shall use the safety management fee appropriated pursuant to paragraph (1) exclusively for the following purposes: <Amended on Jul. 19, 2022> |
| 1. | Labor costs and allowances for safety management personnel; |
| 2. | Installation, maintenance and repair of the facilities for the safety management of performance halls and performances; |
| 3. | Purchase of protective gears; |
| 4. | Safety education pursuant to Article 11-4 of the Act and other safety education and training; |
| 5. | Safety diagnosis of the stage facilities and other safety inspections pursuant to Article 12 of the Act; |
| 6. | Safety-related insurance; |
| 7. | Other purposes determined and publicly notified by the Minister of Culture, Sports and Tourism as necessary for the safety control of performance halls and performances. |
| (3) | When a performance hall operator, etc. uses the safety management fees calculated pursuant to paragraph (1), he/she shall prepare a statement of use and submit it to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by the deadline specified as follows: |
| 1. | Performance hall operator: Last day of February every year; |
| 2. | Person who performs at a venue other than the performance hall: Within 30 days from the end of the performance. |
[This Article Added on May 17, 2016]
| Article 9-3 (Safety Management Organization) |
| (1) | The operator of a performance hall with 500 or more seats or a person who intends to hold a performance expected to be attended by 1,000 or more people at a place other than the performance hall must establish a safety management organization pursuant to Article 11-3 (1) of the Act in accordance with Appendix 1. |
| (2) | Performance hall operators, etc. who have established a safety management organization pursuant to Article 11-3 (1) of the Act shall record and keep the personal information and work performance details of the safety general managers and safety managers. |
[This Article Added on May 17, 2016]
| Article 9-4 (Safety Education) |
| (1) | The period and education hours for each type of trainees for safety education to be provided pursuant to Article 11-4 (1) of the Act by performance hall operators, etc. who establish a disaster response plan pursuant to Article 11 of the Act are as follows: |
| 1. | Performers: At least 1 hour before performance; |
| 2. | Safety general managers: |
| (a) | At least 4 hours within 6 months after being designated as a safety general manager; |
| (b) | At least 4 hours within 3 months before and after the date respectively, on which every 2 years elapse from the date of receiving safety education pursuant to item (a); |
| (a) | At least 8 hours within 6 months after being designated as a safety manager; |
| (b) | At least 8 hours within 3 months before and after every 2 years from the date of receiving safety education according to item (a). |
| (2) | A performance hall operator, etc. who establishes a disaster response plan pursuant to Article 11 of the Act shall assign the conduct of safety education under paragraph (1) 2 and 3 to a person who falls under any of the following subparagraphs: |
| 1. | A person with at least 10 years of practical experience in the field of performance safety; |
| 2. | A person who is an assistant professor or higher at a university and has extensive knowledge and experience in the field of performance safety. |
| (3) | The content of safety education pursuant to Article 11-4 (1) of the Act are as specified in Appendix 1-2. |
[This Article Added on May 17, 2016]
| Article 9-5 (Scale of Performance Spectators subject to Evacuation Guidance) |
In Article 11-5 (2) of the Act, "audience of a scale prescribed by Presidential Decree" means viewers of 1,000 or more. [This Article Added on Jul. 19, 2022]
| Article 9-6 (Serious Accidents such as Loss of Life or Damage to Facilities) |
| (1) | In Article 11-6 (1) of the Act, "a serious accident in relation to a public performance, such as damage to people or facilities prescribed by Presidential Decree" means an accident that falls under any of the following subparagraphs: |
| 1. | Accident with one or more fatalities; |
| 2. | An accident in which at least one person is injured and requires hospitalization for 2 months or longer according to a doctor's initial diagnosis conducted within 3 days from the occurrence of the accident; |
| 3. | An accident in which at least 7 days are expected to be needed to restore the facility to the point to resume the performance after the performance is interrupted due to fire or damage to the facility caused by plunge, crash, or collapse of the stage facilities, etc. |
| (2) | Performance hall operators, etc. shall submit the relevant data within 7 days from the date of receiving a request for submission of data pursuant to Article 11-6 (2) of the Act: provided, if there is any unavoidable reason that the data cannot be submitted within 7 days, the performance hall operators, etc. may apply for the postponement of deadline by up to 10 days to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gun. |
[This Article Added on Jul. 19, 2022]
| Article 9-7 (Standards for Performance Halls Exempted from Installation of Safety Curtains) |
| (1) | In the proviso of Article 11-7 (1) of the Act, "a performance hall that does not meet the standards prescribed by Presidential Decree, in terms of the scale, form, and structure, etc. of a performance hall" means a performance hall that falls under any of the following subparagraphs: |
| 1. | Performance hall with less than 1,000 seats; |
| 2. | Performance hall recognized by the Minister of Culture, Sports and Tourism as falling under any of the following items: |
| (a) | A performance hall that installs a frame-shaped architectural structure, not separating the stage from the seats; |
| (b) | A performance hall that cannot secure the space necessary for the operation of a safety curtain (referring to a fire-resistant curtain installed to prevent the spread of flames and smoke from a fire to the auditorium; hereinafter the same shall apply; |
| (2) | The procedures and methods of recognition by the Minister of Culture, Sports and Tourism under paragraph (1) 2 shall be prescribed by Ministerial Decree of Culture, Sports and Tourism. |
[This Article Added on May 2, 2023]
| Article 10 (Safety Checkup of Stage Facilities) |
| (1) | In the proviso of Article 12 (1) of the Act, "a performance hall of a size not less than that prescribed by Presidential Decree" refers to a performance hall with a total of 40 or more units of stage machinery and devices that are installed in the upper and lower facilities of the stage and operated independently. <Amended on Nov. 18, 2015> |
| (2) | "Period prescribed by Presidential Decree" in Article 12 (3) 1 and 2 of the Act means 9 years, respectively. <Amended on Nov. 18, 2015> |
| (3) | Performance hall operators shall have regular safety inspections pursuant to Article 12 (2) 1 and 2 of the Act and a precise safety diagnosis pursuant to Article 12 (3) 1 and 2 in the following periods: <Amended on Nov. 18, 2015; Jun. 25, 2019> |
| 1. | Regular safety inspections: Within 31 days before and after the expiration of the period under Article 12 (2) 1 or 2 of the Act; |
| 2. | Precise safety diagnosis: Within 31 days before and after the expiration of the period under Article 12 (3) 1 and 2 of the Act and paragraph (2) of this Article. |
| (4) | A performance hall operator shall preserve the results of its self-safety inspection pursuant to Article 12 (4) of the Act for 3 years. <Amended on Nov. 18, 2015> |
| (5) | Design review, regular safety inspections, and precise safety diagnosis pursuant to Article 12 of the Act shall be conducted as follows: <Added on Nov. 18, 2015; May 17, 2016; July 2, 2019> |
| 1. | Design review: To check the safety of the structure and design of the stage facility using the design drawings of a performance hall, etc. before beginning the construction of installing a performance hall; |
| 2. | Regular safety inspection: Investigation and inspection of the safety, etc. of the stage facilities and their installation status using the naked eye or safety diagnostic equipment; |
| 3. | Precision safety diagnosis: To identify the physical condition and functional defects of the stage facilities using safety diagnosis equipment, and to investigate, measure, and evaluate the cause of such defects or risk (including mattes for the regular safety inspections under subparagraph 2). |
| (6) | The State or local governments may provide necessary support within the budget to performance hall operators who conduct regular safety inspections, precise safety diagnosis, and self-safety inspections in accordance with Article 12 of the Act. <Amended on Nov. 18, 2015> |
| (7) | Detailed matters necessary for the procedures, methods, standards, etc. of design reviews, pre-registration safety inspections, regular safety inspections, precise safety diagnosis, and self-safety inspections (hereinafter referred to as "safety inspections, etc.") under paragraphs (1) through (6) shall be determined and publicly notified by the Minister of Culture, Sports and Tourism. <Amended on Nov. 18, 2015> |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 10-2 (Requirements for Designation of Safety Diagnosis Agency) |
Any person who wishes to be designated as an agency specialized in the safety diagnosis of stage facilities (hereinafter referred to as "safety diagnosis agency") pursuant to Article 12-2 (1) of the Act shall meet the designation requirements specified in Appendix 1-3. <Amended on May 17, 2016> [This Article Wholly Amended on Nov. 18, 2015]
| Article 10-3 (Confirmation of Results of Safety Inspections) |
| (1) | If the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has jurisdiction over the location of a performance hall deems that the safety inspections, etc. performed by a safety diagnosis agency is inadequate, he/she may notify the Minister of Culture, Sports and Tourism of the confirmation and evaluation of the results of safety inspection pursuant to Article 12-4 (1) of the Act. <Amended on Nov. 18, 2015> |
| (2) | When the Minister of Culture, Sports and Tourism confirms and evaluates the results of safety inspections, etc. pursuant to Article 12-4 (1) of the Act, the following matters shall be included: <Amended on Nov. 18, 2015> |
| 1. | Compliance with procedures, methods, standards, etc. for safety inspections, etc. pursuant to Article 10 (7); |
| 2. | Reliability of safety inspections, etc.; |
| 3. | Other matters deemed necessary by the Minister of Culture, Sports and Tourism to improve the technical level of safety inspections, etc. and prevent poor inspections. |
| (3) | When the Minister of Culture, Sports and Tourism has conducted the confirmation and evaluation pursuant to paragraph (2), he/she shall notify the results thereof to the safety diagnosis agency that conducted the safety inspections, etc., the performance hall operators, and the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the location of the performance hall. <Amended on Nov. 18, 2015> |
[This Article Added on Nov. 25, 2011]
| Article 10-4 (Designation of Performance Safety Support Center) |
| (1) | "Requirements prescribed by Presidential Decree" in Article 12-5 (1) of the Act means the following requirements: |
| 1. | It shall be a person that falls under any of the following items: |
| 2. | It shall be equipped with professional manpower, dedicated organization, office space, and information system suitable for carrying out the duties specified in each subparagraph of Article 12-5 (2) of the Act; |
| 3. | It shall have the regulations concerning the operation of a performance safety support center under Article 12-5 (1) of the Act (hereinafter referred to as the "performance safety support center"). |
| (2) | The designated period of a performance safety support center shall be 3 years. |
| (3) | When the Minister of Culture, Sports and Tourism designates a performance safety support center, he/she shall publicly announce the designation in the official gazette. |
| (4) | "Duties prescribed by Presidential Decree" in Article 12-5 (2) 6 of the Act means the following duties: <Amended on May 2, 2023> |
| 1. | Research, development, guidance and dissemination of technology related to safety inspection or precise safety diagnosis pursuant to Article 12 (1) through (4) of the Act; |
| 2. | Support for improving performance hall safety; |
| 3. | Research and development of technology related to stage facilities, such as safety curtains. |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the designation of a performance safety support center shall be determined and publicly notified by the Minister of Culture, Sports and Tourism. |
[This Article Added on Jul. 19, 2022]
[Previous Article 10-4 moved to Article 10-5 <Jul. 19, 2022>]
| Article 10-5 (Criteria for Application for Professional Stagehand Qualification Examinations) |
The application criteria for each level of the qualification examination for professional stagehands pursuant to Article 14 (1) of the Act are as specified in Appendix 2. [This Article Wholly Amended on Nov. 25, 2011]
[Moved from Article 10-4 <Jul. 19, 2022>]
| Article 11 (Type of Qualifications for Professional Stagehands) |
The qualifications of professional stagehands (hereinafter referred to as "specialists") under Article 14 of the Act are divided into stage machinery specialists, stage lighting specialists, and stage sound specialists. [This Article Wholly Amended on Nov. 25, 2011]
| Article 12 Deleted. <Dec. 29, 2006> |
| Article 13 (Qualification Examination for Specialists) |
| (1) | The qualification examination for specialists pursuant to Article 14 (1) of the Act shall be conducted at least once a year by an examination institution for performing arts professionals (hereinafter referred to as "examination institution") pursuant to Article 15 (1) of the Act. In this case, the examination institution shall publicly announce the date, place, subject, method, application fee, and other matters related to the examination through daily newspapers published in Seoul, official gazette, website, or broadcast at least 90 days prior to the examination date. <Amended on May 1, 2012; Nov. 24, 2020> |
| (2) | The qualification examination for specialists under paragraph (1) shall be conducted on the theory and practical skills of the subjects related to performing arts, and the theoretical test examines professional knowledge, and the practical test examines professional skills for those who passed the theory test. |
| (3) | In principle, the theory test is administered as an optional written test, but a written test may be combined if necessary. |
| (4) | In principle, the practical test is administered as a work-type test, and maybe combined with a written test as necessary, and must be screed by at least 2 judges. |
| (5) | The test subjects and acceptance criteria for the professional qualification examination under paragraph (1) are as shown in Appendix 2-2. |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 13-2 Deleted. <Dec. 29, 2006> |
| Article 13-3 (Recognition of Partial Pass of Examination) |
A person who has passed the theory test of the professional qualification examination pursuant to Article 13 (1) but has not passed, or has failed to take, the practical test may be exempted from the theory test in the next two consecutive examinations. [This Article Wholly Amended on Nov. 25, 2011]
| Article 14 Deleted. <Jul. 30, 2002> |
| Article 14-2 Deleted. <Dec. 29, 2006> |
| Article 15 (Qualification Examination Committee) |
The head of an examination institution shall establish and operate a certification examination committee composed of experts related to the performing arts in the relevant examination institution when conducting affairs related to the examination of qualifications under Article 13 and affairs related to the recognition of practical experience under Appendix 2. [This Article Wholly Amended on Nov. 25, 2011]
| Article 16 (Procedures for Issuing Certificates of Specialists) |
The Minister of Culture, Sports and Tourism shall issue the certificate of specialists to those who pass the qualification examination pursuant to Article 13, as prescribed by Ministerial Decree of Culture, Sports and Tourism. [This Article Wholly Amended on Nov. 25, 2011]
| Article 16-2 Deleted. <Jul. 30, 2002> |
| Article 17 Deleted. <Dec. 29, 2006> |
| Article 18 (Designation of Examination Institution) |
| (1) | Any person who wishes to be designated as an examination institution pursuant to Article 15 (1) of the Act shall submit an application for designation to the Minister of Culture, Sports and Tourism as prescribed by Ministerial Decree of Culture, Sports and Tourism. |
| (2) | Upon receiving an application pursuant to paragraph (1), the Minister of Culture, Sports and Tourism shall review the following matters: |
| 1. | Human resources and financial capabilities necessary for operating an examination institution; |
| 2. | Organization of examination process and securing of examination personnel; |
| 3. | Status of the facilities and equipment for the examination. |
| (3) | When the Minister of Culture, Sports and Tourism designates an examination institution, he/she shall issue a designation letter and publicly announce the designation in the official gazette. |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 19 Deleted. <Jul. 30, 2002> |
| Article 20 Deleted. <Jul. 30, 2002> |
| Article 21 (Placement of Specialists) |
| (1) | In Article 16 (1) of the Act, "performance hall prescribed by Presidential Decree" refers to a performance hall established and operated by a corporation established by a Special Act or the operation of which is entrusted. |
| (2) | The criteria for placement of specialists according to Article 16 (2) of the Act are as specified in Appendix 3. |
[This Article Wholly Amended on Nov. 25, 2011]
| Article 22 (Processing of Personally Identifiable Information) |
[This Article Added on Mar. 27, 2017]
| Article 23 (Re-Examination of Regulation) |
| (1) | The Minister of Culture, Sports and Tourism shall examine the appropriateness of the following matters every 5 years, counting from January 1, 2022 (referring to the period that ends on the day before January 1 of every fifth year) and shall take measures, such as making improvements: <Added on Mar. 8, 2022; Jul. 19, 2022; May 2, 2023> |
| 1. | Standards for the scale of performances requiring the formulation of a disaster response plan pursuant to Article 9 (3); |
| 2. | Standards for the scale of performances subject to the appropriation of safety management fees under each item of Article 9-2 (1) 2; |
| 3. | Standards for the size of performance halls and scale of performances subject to the establishment of a safety management organization pursuant to Article 9-3 (1); |
| 4. | Standards for serious accidents under Article 9-6 (1); |
| 5. | Standards for performance halls exempted from the installation of safety curtains pursuant to Article 9-7. |
| (2) | The Minister of Culture, Sports and Tourism shall examine the appropriateness of the following matters every 3 years based on the base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every third year), and shall take measures, such as making improvements: <Amended on Mar. 8, 2022; May 2, 2023> |
| 1. | Procedures for recommendation of domestic performances by foreigners pursuant to Article 4: January 1, 2023; |
| 2. | Standards for restrictions on the presentation of foreign performance products pursuant to Article 6: January 1, 2023; |
| 3. | Criteria for application for each level of qualification examination for professional stagehands according to Appendix 2: January 1, 2023. |
[This Article Wholly Amended on Dec. 30, 2016]
| Article 24 (Criteria for Imposition of Administrative Fines) |
The criteria for imposing administrative fines under Article 43 of the Act are as specified in Appendix 4. [This Article Wholly Amended on Nov. 25, 2011]
ADDENDA <Presidential Decree No. 16302, May 10, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of promulgation: provided, the amended provisions of Article 10 shall enter into force on July 1, 2000, and the amended provisions of Article 21 and Appendix 3 shall enter into force on January 1, 2002. Article 2 (Term of Validity)
The amended provisions of Article 3 (5) shall be effective until December 31, 2000. Article 3 (Transitional Measures concerning Designation or Approval of Performance Halls)
A person who manages a facility or place designated or approved as a performance hall by the Minister of Culture, Sports and Tourism or the head of a Si/Gun/Gu under the previous provisions as at the time this Decree enters into force (referring to the enforcement date prescribed in the main clause of Article 1 of the Addenda; hereinafter the same shall apply) shall be deemed to have registered a performance hall business under the amended provisions of Article 8. Article 4 (Transitional Measures concerning Submission of Disaster Response Plans)
A person who runs a performance hall which has been installed and operated with the permission for installation of a performance hall under the previous provisions as at the time this Decree enters into force and which has at least 500 seats or has a floor area of at least 500 square meters, and a person who is deemed to have registered a performance hall business pursuant to Article 3 of the Addenda, shall submit a disaster response plan under the amended provisions of Article 9 to the chief of the competent fire station within 3 months from the date this Decree enters into force. Article 5 (Transitional Measures concerning Regular Inspection of Stage Facilities)
| (1) | A performance hall with more than 1,000 seats that has received a safety diagnosis of the stage facilities after the past 3 years from the date of enforcement of the amended provisions of Article 10 (July 1, 2000), and a performance hall with less than 1,000 seats that has received a safety diagnosis of stage facilities after the past 5 years from the aforesaid enforcement date shall undergo regular inspections until the day on which 3 years or 5 years have elapsed respectively, counting from the date of the last safety diagnosis. |
| (2) | A performance hall with at least 1,000 seats that fails to receive a safety diagnosis of the stage facilities for the past 3 years from the enforcement date of the amended provisions of Article 10 (July 1, 2000), and a performance hall with less than 1,000 seats that fails to receive a safety diagnosis of the stage facilities for the past 5 years from the aforesaid enforcement date shall have a regular inspection within 3 months from the enforcement date (July 1, 2000) of the amended provisions of Article 10. |
Article 6 (Transitional Measures concerning Designation of Educational Institutions for Professional Stagehands)
Any person designated by the Minister of Culture, Sports and Tourism as a training and educational institution for the training and education of the employees belonging to the performing arts halls pursuant to the previous provisions as at the time of enforcement of this Decree shall be deemed to have been designated as an educational institution pursuant to the amended provisions of Article 17. Article 7 (Transitional Measures concerning Completion of Curriculum for Professional Stagehands)
Any person who has completed the curriculum of a training and education institution pursuant to Article 6 of the Addenda as at the time this Decree enters into force shall be deemed to have completed the curriculum for professional stagehands under this Decree.
ADDENDUM <Presidential Decree No. 16717, Feb. 14, 2000>
This Decree shall enter into force 2 months after its promulgation.
ADDENDA <Presidential Decree No. 17395, Oct. 20, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17695, Jul. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: provided, the amended provisions of Appendix 2-2 shall enter into force on January 1, 2003; the amended provisions of Article 10 (4) shall enter into force on January 1, 2004; and the amended provisions of Appendix 3 shall enter into force on January 1, 2005, respectively. Article 2 (Transitional Measures concerning Registration of Public Performance Halls)
The operator of a performance hall with at least 100 seats as at the time of enforcement of this Decree (if the number of seats cannot be counted because the seats are not divided, it refers to the total floor area of 100 square meters used as seats), which is newly subject to the registration pursuant to the amended provisions of Article 8 (5), shall file for the registration of the performance hall within 5 months from the enforcement date of this Decree. Article 3 (Transitional Measures Concerning Safety Diagnosis of Stage Facilities)
| (1) | The operator of a performance hall that is newly subject to inspection of auxiliary facilities pursuant to the amended provisions of Article 10 (2) among the performance halls as at the time of enforcement of this Decree shall undergo an inspection pursuant to the amended provisions within 5 months from the date of enforcement of this Decree. |
| (2) | The safety diagnosis agency for the stage facilities publicly announced by the Minister of Culture and Tourism pursuant to the previous provisions of Article 10 (1) as at the time of enforcement of this Decree shall be deemed to be the safety diagnosis agency for the stage facilities designated by the Minister of Culture and Tourism pursuant to the amended provisions of Article 10 (5). |
Article 4 (Transitional Measures concerning Recognition of Practical Experience of Professional Stagehands)
| (1) | A person who has been recognized as having completed any course of study under previous provisions of Article 14 at the time this Decree enters into force shall be deemed to have been recognized as having practical experience under the amended provisions of Article 13 (2). |
| (2) | The course of study provided by an educational institution for professional stagehands being operated under the previous provisions as at the time this Decree enters into force shall be deemed to be the curriculum under this Decree. |
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19714, Oct. 26, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
ADDENDA <Presidential Decree No. 19798, Dec. 29, 2006>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 2007. |
| (2) | (Transitional Measures concerning Criteria for Application for Qualification Examination for Professional Stagehands) If a person who has completed a course of study or whose practical experience is recognized pursuant to the previous provisions as at the time this Decree enters into force, or a person who holds the certificate of qualifications in the relevant field, satisfies the criteria for application for each level of examination under the previous provisions, notwithstanding the amended provisions of Appendix 2, he/she may take the relevant level of qualification examination for professional stagehands. |
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22848, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: provided, the amended provisions of Article 8 (5) shall enter into force 3 months after its promulgation. Article 2 (Transitional Measures concerning Registration of Public Performance Halls)
The operator of a performance hall with at least 100 seats as at the time of enforcement of this Decree (if the number of seats cannot be counted because the seats are not divided, it refers to the total floor area of 100 square meters used as seats), which is newly subject to registration pursuant to the amended provisions of Article 8 (5), shall file for the registration of the performance hall, after satisfying the facility standards under Article 9 (1) of the Act and register it with the head of a Si/Gun/Gu by December 31, 2011. Article 3 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of Appendix 4, the application of the criteria for imposing administrative fines on offenses committed before this Decree enters into force shall be governed by former provisions. |
| (2) | The disposition of imposing administrative fines on offenses committed before this Decree enters into force shall not be included when counting the number of times of offenses committed under the amended provisions of Appendix 4. |
ADDENDUM <Presidential Decree No. 23317, Nov. 25, 2011>
This Decree shall enter into force on November 26, 2011.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article (Applicability to Public Announcement of Examinations)
Matters regarding the revision of the period of public announcement of examinations, etc. shall begin to apply to examinations conducted after January 1, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. <Proviso Omitted.>
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26643, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015: provided, the amended provisions of Article 9 (3) shall enter into force on November 24, 2015. Article 2 (Applicability to Report on Disaster Response Plan)
The amended provisions of Article 9 (3) shall begin to apply to the performances presented in a facility or venue other than a performance hall after December 1, 2015. Article 3 (Applicability to Preservation of Results of Self-Safety Inspection)
The amended provisions of Article 10 (4) shall begin to apply to the self-safety inspections conducted after this Decree enters into force. Article 4 (Transitional Measures Concerning Precise Safety Diagnosis)
Any performance hall operator who falls under any of the following items shall undergo a precise safety diagnosis within 2 years and 6 months after this Decree enters into force:
| 1. | Performance hall operators of the stage facilities newly subject to a precise safety diagnosis pursuant to the amended provisions of Article 10 (2) at the time this Decree enters into force; |
| 2. | Performance hall operators of the stage facilities that are newly subject to a precise safety diagnosis pursuant to the amended provisions of Article 10 (2) within 2 years and 6 months after the enforcement of this Decree. |
ADDENDUM <Presidential Decree No. 27170, May 17, 2016>
This Decree shall enter into force on May 19, 2016: provided, the amended provisions of Article 5 shall enter into force on the date of promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 29309, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018.
Article 2 (Transitional Measures Concerning Modification of Reporting Period for Disaster Response Plan)
Notwithstanding the amended provisions of Article 9 (3), the previous provisions shall apply to the performances that have 21 days or less left until the date of commencement of the performance at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 29902, Jun. 25, 2019>
This Decree shall enter into force on June 25, 2019.
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. 31176, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Methods of Public Announcement)
This Decree shall begin to apply to the public announcement, declaration, publication, or public notice made after this Decree enters into force.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32803, July 19, 2022>
This Decree shall enter into force on July 19, 2022.
ADDENDUM <Presidential Decree No. 32868, Aug. 9, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33441, May 2, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 4, 2023.
Article 2 (Applicability to Calculation of Number of Violations for Imposition of Administrative Fines)
The imposition of administrative fines for violations before this Decree enters into force shall not be included in calculating the number of violations pursuant to the amended provisions of subparagraphs (a) through (d), (i), and (n) through (q) of subparagraph 2 of Appendix 4.
ADDENDUM <Presidential Decree No. 33886, Nov. 21, 2023>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)