Act No. 18466, Sep. 24, 2021
| Article 1 (Purpose) |
| Article 2 (Definitions) |
| 1. | "Artistic activity" means creative activities that express impressions, insights, experiences, etc. in a specific form, such as creation (which includes planning and criticism), performance (which includes practice and training), and technical support in the field of culture and arts as defined in Article 2 (1) 1 of the Culture and Arts Promotion Act; |
| 2. | "Artist" means a person specified as follows: |
| (a) | A person who, by engaging in artistic activities as a profession, contributes to the cultural, social, economic, and political enrichment of the nation, and who engages in activities such as creation, performance, or technical support in the field of culture and arts; |
| (b) | A person who has received or receives education, training, etc. to engage in artistic activities as a profession, as prescribed by Presidential Decree; |
| 3. | "Arts education activity" refer to activities in which artists educate and train others in the skills necessary for artistic activities; |
| 4. | "Arts support project" refer to any projects in which the State agencies, local governments (hereinafter referred to as "State agencies, etc."), or arts support agencies defined in subparagraph 6 provide budget or subsidies to support artistic activities or arts education activities; |
| 5. | "Arts education institution" refer to an institution established for the purpose of providing education and training for artistic activities, among those defined under Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act; |
| 6. | "Arts support agency" refers to an agency that carries out arts support projects among the institutions that fall under any of the following items: |
| (a) | A public institution prescribed in Article 4 of the Act on the Management of Public Institutions; |
| (b) | Local public enterprises under the Local Public Enterprises Act; |
| (c) | A local government-invested or funded institution under the Act on the Operation of Local Government-Invested or -Funded Institutions; |
| (d) | Private institutions, corporations, organizations, etc. that carry out the arts support projects entrusted by any of the institutions listed in items (a) through (c); |
| 7. | "Arts business entity" refers to a person whose business is planning, producing, and distributing the artistic activities of artists, and who enters into a contract with an artist (including a person who has |
| 8. | "Sexual harassment" refers to any of the following acts in relation to an artist's artistic activities or arts education activities: |
| (a) | Acts of making sexual remarks or demands that cause the other person to feel sexual humiliation or disgust; |
| (b) | Acts of giving disadvantages to the other party for not complying with sexual remarks or demands, or expressing the intention to offer benefits on the condition of compliance; |
| 9. | "Sexual violence" refers to acts related to an artist's artistic activities or arts education activities that constitute sexual violence crimes as defined in Article 2 (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes; |
| 10. | "Acts of infringement on the rights of artists" refer to any of the following acts: |
| (a) | Acts that violate Article 7 (2); |
| (b) | Acts that violate Article 8 (2); |
| (c) | Acts that violate Article 9; |
| (d) | Acts that violate Article 13 (1); |
| (e) | Acts that violate Article 14 (4). |
| Article 3 (Status and Rights of Artists) |
| (1) | Freedom of artistic expression shall be protected as a condition for diverse and creative artistic activities and as a cornerstone of democracy. |
| (2) | Artists, as citizens with cultural rights according to Article 4 of the Framework Act on Culture, and as contributors to the realization of a cultural state and the improvement of the quality of life of the people, shall be accorded due respect. |
| (3) | Artists shall be guaranteed equal status with other types of occupations in terms of labor and welfare. |
| (4) | Artists shall have the right to work in a gender-equal artistic environment, and no one shall commit acts of sexual harassment or sexual violence against artists. |
| (5) | Artists shall have the right to receive information about arts policies from the State agencies, etc. and to participate in the policy-making process. |
| Article 4 (Role of Artists) |
| Article 5 (Responsibilities of State Agencies) |
| (1) | The State agencies, etc. shall formulate policies to protect the freedom of artistic creation and expression of artists and to promote the professional rights of artists in labor and welfare. |
| (2) | The State agencies, etc. shall not censor arts and shall ensure that artists are not discriminated against in decisions on the arts support projects without reasonable grounds. |
| (3) | The State agencies, etc. shall have the responsibilities and duty to support the artistic activities of artists to ensure cultural diversity as defined in subparagraph 1 of Article 2 of the Act on the Protection and Promotion of Cultural Diversity. |
| (4) | The State agencies, etc., shall ensure that artists can participate in the policy-making process when deciding or implementing policies concerning artists. |
| (5) | The State agencies, etc. shall formulate policy measures to prohibit and prevent sexual harassment and sexual violence against artists and for the protection of victims and relief of the victims' rights. |
| (6) | The State agencies, etc. shall create an environment in which arts support agencies can carry out arts support projects with guaranteed independence and autonomy. |
| Article 6 (Relationship to Other Statutes) |
| (1) | This Act shall take precedence over other statues regarding the guarantee of the status and rights of artists. |
| (2) | When enacting or amending other statutes regarding the guarantee of the status and rights of artists, the purpose of this Act shall be adhered to. |
| Article 7 (Prohibition of Infringement on Artistic Freedom) |
| (1) | Artists shall have the right to freely engage in artistic activities and the right to widely disseminate the results of their artistic activities. |
| (2) | No public official or person affiliated with an arts support agency or an arts education institution shall obstruct the artistic activities of artists or arts organizations (referring to an organization composed of artists for the purpose of engaging in artistic activities; hereinafter the same shall apply) or the dissemination of the outcomes of such artistic activities through violence, threats, intimidation of disadvantages, or deception. |
| Article 8 (Prohibition of Discrimination in Arts Support Projects) |
| (1) | Artists have the right not to be discriminated against without reasonable grounds in the arts support projects of the State agencies, etc. or arts support agencies. |
| (2) | The State agencies, etc. and arts support agencies shall not favor, exclude, differentiate, or give disadvantage to, specific artists or arts organizations in arts support projects based on unreasonable grounds such as gender, religion, disability, age, social status, place of origin (including birthplace, place of registration, or principal residence before reaching adulthood), country of origin, ethnic origin, skin color, physical conditions such as appearance, marital status (including married, unmarried, separated, divorced, widowed, remarried, or in common-law marriage), matters related to pregnancy or childbirth, family type or family situation, race, ideology or political opinion, criminal record for which the effects of the conviction have been nullified, sexual orientation, educational background, medical history, etc. (hereinafter referred to as "discriminatory acts"): provided, the temporary preferential treatment of certain artists or art organizations to eliminate existing discrimination, as well as the enactment, amendment of the statutes and regulations, and the formulation and implementation of policies containing such measures, shall not be considered discriminatory acts. |
| Article 9 (Prohibition on Infringement on Fairness of Arts Support Projects) |
| (1) | Public officials belonging to State agencies, etc., or executive officers and employees of arts support agencies shall neither prepare a list of artists or arts organizations for the purpose of discriminating them against in arts support projects without justifiable reasons, nor instruct an arts support agency to prepare a list and use or provide it for use or use it after receiving it. |
| (2) | Anyone participating in the screening process for selecting recipients of support under arts support projects shall not obstruct the fair evaluation through hierarchical pressure, deceit, or any other improper methods. |
| (3) | Public officials belonging to State agencies, etc. or executive officers and employees of arts support agencies shall not fabricate or instruct the manipulation of screening-related documents by deceit or any other fraudulent means. |
| (4) | Public officials of the State agencies or the executive officers and employees of arts support agencies shall neither, without just cause, alter the concluded screening results to exclude those selected as recipients of support under the arts support projects, nor shall they coerce or instruct selected recipients to forgo the support. |
| Article 10 (Artists' Professional Rights) |
| (1) | Artists have the right to receive fair compensation for their artistic activities and performance results. |
| (2) | Artists may engage in artistic activities or form organizations to protect artists' rights. |
| (3) | Artists have the right to engage in artistic activities in an environment that guarantees physical safety. |
| (4) | State agencies, arts support agencies, and arts business entities shall not infringe on the rights of artists. |
| Article 11 (Prohibition of Intervention in Artistic Activities in Arts Support Projects) |
| (1) | The State agency, etc. and arts support agencies shall not intervene or interfere with the artistic activities of artists selected for support under arts support projects without justifiable grounds. |
| (2) | The State agencies, etc. and arts support agencies shall prepare measures to ensure fairness, transparency, validity, and reliability of screening in the selection of arts support projects, and shall establish and disclose the criteria for selection and examination thereof. |
| (3) | Before implementing or modifying arts support projects, the State agencies, etc. and arts support agencies may independently evaluate the impact of the relevant arts support projects on the rights of artists (hereinafter referred to as "impact assessment on the rights of artists"), as prescribed by Presidential Decree. |
| Article 12 (Designation of Person Responsible for Protecting Artists) |
| Article 13 (Prohibition of Unfair Practices) |
| (1) | The State agencies, etc., arts support agencies, and arts business entities shall neither engage in, nor allow any third party to engage in, any of the following acts (hereinafter referred to as "unfair practices") that harm or are likely to harm the free artistic activities or legitimate interests of artists: |
| 1. | Using a superior position to force unfair contract terms upon artists or to compel them to engage in activities that differ from the agreed-upon contract terms; |
| 2. | Refusing, delaying, or restricting the fair distribution of revenues to artists; |
| 3. | Unjustly interfering with, directing, or meddling in the artistic activities of artists; |
| 4. | Unjustly using or disclosing information about artists learned in the course of the contract to third parties; |
| 5. | Setting or changing transaction terms unfairly to the disadvantage of artists by improper means, or causing disadvantages to artists during the execution of such terms. |
| (2) | Detailed types and criteria of unfair practices by the State agencies, arts support agencies, and arts business entities, as well as other necessary matters, shall be prescribed by Presidential Decree. |
| Article 14 (Prohibition of Interference with Activities of Artists' Unions) |
| (1) | Two or more artists who have concluded a contract or are preparing to enter into a contract with a specific arts business entity or arts support agency regarding particular artistic activities may form an arts organization to protect their rights. In this case, they must report this to the Minister of Culture, Sports, and Tourism as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (2) | An arts organization reported in accordance with the latter part of paragraph (1) (hereinafter referred to as "artists' union") may request changes to the terms of the contract or negotiations regarding the contract conditions to the State agencies, arts support organizations, or arts business entities, and those who receive such requests shall respond in good faith. |
| (3) | The State agencies, arts support agencies, or arts business entities may refuse to respond to a request filed under paragraph (2) if the artists' union requests contract terms that are contrary to the consistency with other artistic activities or the essential matters of the contract, or that unduly interfere with management of the institutions. |
| (4) | The State agencies, etc., arts support agencies, or arts business entities shall not engage in any of the following acts (hereinafter referred to as "acts interfering with the activities of the artists' union"): |
| 1. | Refusing or neglecting to consult with the artists' union under paragraph (2) without justifiable reason; |
| 2. | Acts of giving disadvantages to the artists on the grounds of the formation, membership, or activities of the artists' union; |
| 3. | Entering into a contract related to artistic activities with an artist on the condition that the artist joins or does not join the artists' union. |
| (5) | Necessary matters such as methods and procedures for consultation under paragraphs (2) and (3) shall be prescribed by Presidential Decree. |
| Article 15 (Support for Protecting Artists' Rights) |
| (1) | The State agencies, etc. may provide necessary support to institutions or organizations that carry out support projects or activities to protect the rights of artists within the scope of the budget. |
| (2) | The Minister of Culture, Sports and Tourism shall prepare the following policy measures to protect the rights of artists: |
| 1. | Protection of artists' rights and relief for harmed artists; |
| 2. | Raising public awareness of the social role and status of artists; |
| 3. | Regular fact-finding survey on the protection of artists' rights and on the environment for artistic activities; |
| 4. | Improvement of artists' physical safety and environment for artistic activities; |
| 5. | Support for education on the protection of artists' rights and prohibition of discrimination in the arts support projects. |
| Article 16 (Creation of Gender-Equal Artistic Environment) |
| (1) | Artists shall have the right to equal protection of their human rights in their artistic activities, free from discrimination, bias, demeaning treatment, or violence based on gender, and to be protected from sexual harassment and sexual violence. |
| (2) | Artists shall not commit sexual harassment or sexual violence against others in relation to artistic activities or arts education activities. |
| (3) | A person who is not an artist and who falls under any of the following subparagraphs shall not engage in sexual harassment or sexual violence against an artist: |
| 1. | A person in a position of authority to direct or supervise tasks related to artistic activities or arts education activities; |
| 2. | A person in a position of authority to educate or engage in educational-related duties for individuals aspiring to become artists at an arts education institution; |
| 3. | An arts business entity or a person employed by such an operator; |
| 4. | A person belonging to an arts support agency; |
| 5. | A person who has concluded or intends to enter into a contract regarding artistic activities. |
| Article 17 (Measures to Prevent Sexual Harassment and Sexual Violence) |
| (1) | The Minister of Culture, Sports and Tourism shall take the following measures to prevent sexual harassment and sexual violence against artists: |
| 1. | Formulation of measures to prevent sexual harassment and sexual violence; |
| 2. | Establishment of the reporting and counseling centers for sexual harassment and sexual violence, deployment of professional counselors, and provision of counseling for victims; |
| 3. | Preparation of measures to protect the victims of sexual harassment and sexual violence; |
| 4. | Implementation of education for prevention of sexual harassment and sexual violence for artists; |
| 5. | Other necessary measures to prevent sexual harassment and sexual violence prescribed by Presidential Decree. |
| (2) | The Minister of Culture, Sports and Tourism may provide education for prevention of sexual harassment and sexual violence to the employees of arts business entities, arts support agencies, or arts education institutions, as prescribed by Presidential Decree. |
| Article 18 (Designation of Support Agencies for Prevention and Damage Relief of Sexual Harassment and Sexual Violence) |
| (1) | The Minister of Culture, Sports and Tourism may designate a specialized institution or organization as a support organization for the prevention and damage relief of sexual harassment and sexual violence (hereinafter referred to as "a support agency for the prevention and damage relief of sexual harassment and sexual violence") in order to prevent and provide relief for sexual harassment and sexual violence against artists. |
| (2) | A support agency for the prevention and damage relief of sexual harassment and sexual violence shall carry out the following business: |
| 1. | Education and promotion to prevent sexual harassment and sexual violence against artists; |
| 2. | Receiving reports on sexual harassment and sexual violence on behalf of victims and linking with facilities for the protection of victims of sexual violence, etc.; |
| 3. | Provision of legal counseling and support for legal representation for artists who are victims of sexual harassment and sexual violence; |
| 4. | Assistance in criminal justice procedures, including investigations by law enforcement agencies, for artists who are victims of sexual harassment and sexual violence; |
| 5. | Provision of psychological therapy and financial support for medical expenses for artists who are victims of sexual harassment and sexual violence; |
| 6. | Conducting investigations and research on sexual harassment, sexual violence, and their impact on artists. |
| (3) | The Minister of Culture, Sports and Tourism may support expenses necessary for the operation of a support agency for the prevention and damage relief of sexual harassment and sexual violence designated pursuant to paragraph (1). |
| (4) | The Minister of Culture, Sports, and Tourism may revoke the designation of a support agency for the prevention and damage relief of sexual harassment and sexual violence designated under paragraph (1) if it falls under any of the following subparagraphs: provided, the designation shall be revoked if it falls under subparagraph 1: |
| 1. | Where it has obtained the designation by fraud or other improper means; |
| 2. | In case of refusal to carry out the business under paragraph (2) without justifiable reasons; |
| 3. | Where it is prescribed by Presidential Decree that it is not suitable as a support agency for the prevention and damage relief of sexual harassment and sexual violence. |
| (5) | The Minister of Culture, Sports, and Tourism shall hold a hearing to revoke the designation of a support agency for the prevention and damage relief of sexual harassment and sexual violence under paragraph (4). |
| (6) | Necessary matters such as the standards and procedures for designation of a support agency for the prevention and damage relief of sexual harassment and sexual violence under paragraph (1), the procedures for revocation of designation under paragraph (4), and the operation of a support agency for the prevention and damage relief of sexual harassment and sexual violence shall be prescribed by Presidential Decree. |
| Article 19 (Fact-Finding Survey on Sexual Harassment and Sexual Violence) |
| (1) | The Minister of Culture, Sports and Tourism shall conduct a fact-finding survey on sexual harassment and sexual violence in the field of arts every 2 years and announce the results. |
| (2) | The Minister of Culture, Sports and Tourism, if necessary to conduct a fact-finding survey under paragraph (1) or a fact-finding survey under Article 15 (2) 3, may request the heads of relevant administrative agencies, the heads of arts support agencies and arts education institutions, the representative of arts organizations and artists' unions, and arts business entities, etc. to submit related materials. In this case, the person requested to submit data shall comply therewith unless there are special reasons not to do so. |
| (3) | Matters necessary for the content and methods of the fact-finding survey under paragraph (1) and the fact-finding survey under Article 15 (2) 3 shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 20 (Establishment of the Committee for Protection of Artists‘ Rights and Damage Relief for Victims of Sexual Harassment and Sexual Violence) |
| (1) | In order to deliberate and make decisions on matters related to the protection of the social status and rights of artists, as well as the remedy of damage caused by sexual harassment and sexual violence in artistic activities or arts education activities, the Committee for the Protection of Artists' Rights and the Relief of Victims of Sexual Harassment and Sexual Violence (hereinafter referred to as "the Committee") shall be established under the jurisdiction of the Minister of Culture, Sports, and Tourism. |
| (2) | The Committee shall deliberate on and resolve the following matters: |
| 1. | Matters pertaining to the formulation and implementation of policies to guarantee the status and rights of artists under Article 27 (1) 3; |
| 2. | Matters pertaining to reported cases of violation of human rights of artists pursuant to Article 28 (1); |
| 3. | Matters pertaining to reported cases of sexual harassment and sexual violence pursuant to Article 28 (2); |
| 4. | Matters concerning the conclusion of relief procedures under Article 31 (2); |
| 5. | Matters concerning a request for remedial measures under Article 32 (1); |
| 6. | Matters pertaining to requests for corrective orders under Article 34 (1) and (3) and Article 38 (3); |
| 7. | Matters concerning dispute mediation under Article 37 (1); |
| 8. | Matters pertaining to the guarantee of the status and rights of artists and relief of damage caused by sexual harassment or sexual violence in artistic activities or artistic education activities, which are requested by the Minister of Culture, Sports and Tourism for deliberation by the Committee; |
| 9. | Any other matters prescribed by this Act or other Acts as the business affairs of the Committee. |
| Article 21 (Composition of Committee) |
| (1) | The Committee shall be comprised of 15 or less members including one chairperson. |
| (2) | The Committee members shall be appointed or commissioned by the Minister of Culture, Sports and Tourism from among those with more than 10 years of experience in the fields of arts and artists' rights protection, fair trade, and prevention of sexual harassment and sexual violence, as well as public officials belonging to relevant central administrative agencies. |
| (3) | No more than six-tenths of the Committee members shall be of a particular gender. |
| (4) | The chairperson shall be elected from among the Committee members, and if the chairperson is unable to perform his/her duties, a member designated by the chairperson shall act on his/her behalf. |
| (5) | In order to professionally perform the duties of the Committee, the Committee shall establish the Subcommittee for Artists' Rights Guarantee and the Subcommittee for Relief for Victims of Sexual Harassment and Sexual Violence against Artists. |
| (6) | Other matters necessary for the organization, operation, etc. of the Committee and the Subcommittees shall be prescribed by Presidential Decree. |
| Article 22 (Term of Office of Members and Grounds for Disqualification) |
| (1) | Each member of the Committee shall hold office for a term of 2 years and may be appointed consecutively only once. |
| (2) | Where the office of any member of Committee is vacant, the Minister of Culture, Sports and Tourism shall appoint a supplementary member. In such cases, the term of office of the supplementary member shall be the remaining period of the term of office of his or her predecessor. |
| (3) | A person who falls under any of the following subparagraphs shall not become a Committee member: |
| 1. | A person who falls under any subparagraph of Article 33 of the State Public Officials Act; |
| 2. | A person who falls under Article 34 (1) 2 of the Act on the Management of Public Institutions. |
| Article 23 (Exclusion of Committee Members) |
| (1) | Any member of the Committee who falls under any of the following subparagraphs shall be excluded from deliberation and resolution by the Committee on the matters specified in Article 20 (2): |
| 1. | When any member of the Committee or his or her current or former spouse is a party to the relevant case, or is a joint right holder or joint obligor with the party in relation to the case; |
| 2. | Where any member of the Committee is or was relatives of a party to the relevant case; |
| 3. | When any member of the Committee has provided testimony or appraisal regarding the relevant case; |
| 4. | When any member of the Committee has or had been involved in the relevant case, as an agent for a party to the relevant case; |
| 5. | When any member of the Committee has been involved in an investigation, trial, or relief procedure under other laws regarding the case in question. |
| (2) | If there are circumstances in which it is difficult to expect a fair deliberation and resolution from any member of the Committee, a party may file a request for challenge to the chairperson, and the chairperson shall make a decision on the party's request for challenge to the member without going through a resolution of the Committee: provided, if the decision by the chairperson is not appropriate, the decision shall be made by resolution of the Committee. |
| (3) | If a Committee member falls under any of the grounds specified in paragraph (1) or (2), the Committee member may voluntarily recuse themselves from the deliberation and resolution of the case. |
| Article 24 (Independence and Security of Committee Members in Performance of Duties) |
| (1) | Committee members shall perform their duties independently in accordance with the law and their conscience, and shall not be subject to any external instructions or interference during their term of office. |
| (2) | Committee members shall not be dismissed against their will except in any of the following cases: |
| 1. | In case of disqualification under Article 22 (3); |
| 2. | If a member is unable to perform his/her duties due to mental or physical disability or long-term stay abroad, etc.; |
| 3. | In case of violation of confidentiality obligation under Article 26. |
| Article 25 (Disclosure of Resolution) |
| (1) | The deliberations and decisions of the Committee shall be made public: provided, if it is deemed necessary to protect the business secrets of arts business entities or the privacy of artists, the Committee may resolve to keep them confidential. |
| (2) | Notwithstanding the main clause of paragraph (1), the deliberation and resolution on sexual harassment and sexual violence shall be kept confidential: provided, if the victim of sexual harassment or sexual violence has clearly expressed his/her intention to disclose such information, it may be disclosed by a resolution of the Committee. |
| Article 26 (Duty of Confidentiality) |
| Article 27 (Artist Protection Officer) |
| (1) | In order to guarantee the status and rights of artists, the Minister of Culture, Sports and Tourism shall designate public officials as artist protection officers (hereinafter referred to as "protection officers") to perform the following duties: |
| 1. | Investigation into acts of violation of the rights of artists and sexual harassment and sexual violence against artists pursuant to Article 29 (1); |
| 2. | Support for dispute mediation under Article 37; |
| 3. | Formulation and implementation of policies to guarantee the status and the rights of artists; |
| 4. | Other duties related to the protection of artists' rights overseen by the Minister of Culture, Sports, and Tourism. |
| (2) | When a protection officer performs duties under paragraph (1) 3, he/she shall undergo deliberation and resolution by the Committee. |
| (3) | The protection officer shall, upon the request of the Committee, report the results of investigation into any acts of violation of the rights of artists or sexual harassment or sexual violence against artists. |
| (4) | The Minister of Culture, Sports and Tourism shall ensure that the independence of protection officers is guaranteed in performing their duties. |
| (5) | The protection officer becomes the person responsible for protecting artists pursuant to Article 12. |
| (6) | Matters necessary for the operation of the protection officer system, such as the qualifications, duties and authority of probation officers, and officers in charge of subsidizing the duties of protection officers, shall be prescribed by Presidential Decree. |
| Article 28 (Reporting on Acts of Infringement on the Rights of Artists) |
| (1) | If any acts of violation of artists‘ rights occur, an artist, arts organization, or artists' union may report it to the Minister of Culture, Sports and Tourism. |
| (2) | A person who has suffered from sexual harassment or sexual violence in violation of Article 16(2) or (3) (hereinafter referred to as "sexual harassment or sexual violence related to artistic activities"), or a person who becomes aware of such acts, may report them to the Minister of Culture, Sports and Tourism. h |
| (3) | The Minister of Culture, Sports and Tourism may operate an artist's hotline to facilitate the reporting of acts infringing on the rights of artists pursuant to paragraph (1) and the reporting of sexual harassment and sexual violence related to artistic activities pursuant to paragraph (2). |
| (4) | Matters necessary for reporting procedures under paragraphs (1) and (2), and operation of the Artist‘s Hotline under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 29 (Investigation of Reported Facts) |
| (1) | If an act of violation of the human rights of an artist or an act of sexual harassment or sexual violence related to artistic activities is reported pursuant to Article 28 (1) and (2), the Minister of Culture, Sports and Tourism shall have a protection officer conduct the necessary investigation into the case without delay. |
| (2) | Notwithstanding paragraph (1), if a person other than the victim reports damage caused by sexual harassment or sexual violence related to artistic activities, the Minister of Culture, Sports and Tourism shall direct an investigation into the reported case only after the victim's consent is obtained in accordance with the procedures prescribed by Presidential Decree. |
| (3) | When investigating a case of sexual harassment or sexual violence related to artistic activities, the protection officer shall first explain to the victim about the relief procedures under this Act. |
| (4) | For the purpose of conducting an investigation pursuant to paragraph (1), the protection officer may, in accordance with the procedures prescribed by Presidential Decree, conduct on-site inspections, review documents, or request the reporting, submission of materials, attendance, or testimony related to the matters from the informant, the accused, the victim, or other relevant persons. |
| (5) | A person who has been requested to report, submit materials, attend, or testify pursuant to paragraph (4) shall comply with such requests unless there is a legitimate reason not to do so. |
| (6) | If necessary, the protection officer may have relevant experts participate in the investigation under paragraph (1). |
| Article 30 (Conclusion of Investigation Procedures) |
| (1) | The Minister of Culture, Sports and Tourism may terminate the investigation procedures if the facts reported pursuant to Article 28 (1) and (2) fall under any of the following: |
| 1. | If it is recognized that separate relief and corrective measures are not necessary, such as where the recovery of the victim has already been achieved; |
| 2. | If relief procedures under other statutes are in progress or have been completed regarding the reported facts. |
| (2) | When the Minister of Culture, Sports and Tourism terminates the investigation procedures pursuant to paragraph (1), he or she shall notify the reporter of the results and grounds therefor, and notify the Committee thereof. |
| Article 31 (Conclusion of Relief Procedures) |
| (1) | If, as a result of the investigation pursuant to Article 29 (1), the protection officer finds that the reported facts do not fall under any of the subparagraphs of Article 30 (1), the protection officer shall prepare the investigation results, relief measures, and corrective plans, and report them to the Committee. |
| (2) | If the reviewing of the report pursuant to paragraph (1) reveals that the reported fact does not constitute an act of infringement on the rights of artists or an act of sexual harassment or sexual violence related to artistic activities, the Committee shall terminate the relief procedures. |
| (3) | If the Committee terminates the relief procedures pursuant to paragraph (2), the Minister of Culture, Sports and Tourism shall notify the reporter of the results and grounds therefor. |
| (4) | A reporter who has received notification pursuant to paragraph (3) or Article 30 (2) may file an objection to the Minister of Culture, Sports and Tourism within 14 days from the date of receipt of the notification. |
| (5) | The procedures and methods of filing objections pursuant to paragraph (4), and necessary details for handling objections shall be prescribed by Presidential Decree. |
| Article 32 (Relief Measures) |
| (1) | If, after reviewing the report pursuant to Article 31 (1), the Committee finds reasonable grounds to believe that an act of infringement on artists' rights or an act of sexual harassment or sexual violence related to artistic activities has occurred, it may deliberate and resolve to direct the Minister of Culture, Sports and Tourism to request the relevant agencies to take the following measures (hereinafter referred to as "relief measures"): |
| 1. | Request for investigation; |
| 2. | Administrative disposition; |
| 3. | Disciplinary action against those who have violated the rights of artists or those who have committed acts of sexual harassment or violence related to artistic activities. |
| (2) | The Minister of Culture, Sports and Tourism shall request relief measures in writing from the relevant agencies following the Committee's resolution pursuant to paragraph (1). |
| (3) | Before requesting relief measures under paragraph (2), the Minister of Culture, Sports and Tourism shall notify the accused of the results and grounds therefor. |
| (4) | The accused who has received notification pursuant to paragraph (3) may file an objection to the Minister of Culture, Sports and Tourism within 14 days from the date of receiving the notification. |
| (5) | The procedures and methods of filing objections pursuant to paragraph (4), and necessary details for handling objections shall be prescribed by Presidential Decree. |
| Article 33 (Recommendation for Corrective Action) |
| (1) | If, after reviewing the report filed under Article 31 (1), the Committee deliberates and resolves that an act of infringement on artists' rights or sexual harassment has occurred, the Minister of Culture, Sports and Tourism may recommend corrective measures to the relevant State agencies, etc. (excluding the Ministry of Culture, Sports and Tourism; hereinafter the same shall apply in this Article, Article 34, and Article 38 (3)), arts support agencies, and arts business entities, and require them to comply with these measures. |
| (2) | State agencies, etc., arts support agencies, and arts business entities that have received a recommendation for corrective action under paragraph (1) shall notify the Minister of Culture, Sports and Tourism of whether they have accepted the recommendation within 10 days from the date of receipt of the notification. |
| (3) | The State agencies, etc., arts support agencies, and arts business entities that have accepted the recommendations under paragraph (1) shall notify the Minister of Culture, Sports and Tourism of the details of implementation of the corrective measures. |
| (4) | If, as a result of reviewing the report filed pursuant to Article 31 (1), the Committee deliberates and resolves that there has been an act of violating the rights of artists or an act that constitutes sexual harassment against artists in relation to the Ministry of Culture, Sports and Tourism, the Committee shall determine corrective measures and direct the Minister of Culture, Sports and Tourism to comply with it. In this case, the Minister of Culture, Sports and Tourism shall comply with the corrective measures. |
| Article 34 (Corrective Order) |
| (1) | If, after reviewing the report filed under Article 31 (1), the Committee deliberates and resolves that an act of infringement on the artists' rights specified in subparagraph 10 (d) of Article 2 has occurred, it may request the Minister of Culture, Sports and Tourism to order the arts support agency or arts business entity that committed the act to take necessary corrective actions. In such cases, the Minister of Culture, Sports and Tourism may order the cessation of the relevant practice, deletion or modification of contractual clauses, public announcement of the fact that corrective actions were ordered on the grounds of the relevant practice, and any other necessary corrective actions within a specified period. |
| (2) | If an act of infringement on the rights of artists committed by an arts support agency or arts business entity falls under Article 13 (1) 1, the Minister of Culture, Sports and Tourism shall notify the Fair Trade Commission of the fact. |
| (3) | If, after reviewing the report pursuant to Article 31 (1), the Committee deliberates and resolves that an act of sexual harassment in violation of Article 16 (2) or (3) has occurred, it may request the Minister of Culture, Sports and Tourism to order necessary actions regarding the act. In such cases, the Minister of Culture, Sports and Tourism may order the person who committed the act, or the arts support agency, arts education institution, or arts business entity to which the person belongs or is employed by, to take the following measures within a specified period: |
| 1. | Measures necessary for relief from sexual harassment damage; |
| 2. | Measures to prevent recurrence of sexual harassment; |
| 3. | Other necessary measures to prevent sexual harassment. |
| (4) | Before issuing a corrective order pursuant to paragraph (1) or (3), the Minister of Culture, Sports and Tourism shall set a date for a hearing and listen to the opinions of the person who committed the act, the relevant arts education institution, arts support agency, or arts business entity. |
| (5) | The Minister of Culture, Sports and Tourism shall notify the State agencies, etc. and arts support agencies to suspend or exclude financial support for persons or arts business entities who fail to comply with the corrective order issued under paragraph (1) or (3) within the specified period. |
| (6) | The detailed standards and procedures for the public announcement of the fact that a corrective order has been issued pursuant to paragraph (1) shall be prescribed and publicly notified by the Minister of Culture, Sports and Tourism. |
| Article 35 (Suspension of Financial Support) |
| (1) | The State agencies and arts support agencies may suspend or exclude financial support for up to 5 years for any of the following arts business entities or individuals: |
| 1. | A person notified by the Minister of Culture, Sports and Tourism to be suspended or excluded from financial support pursuant to Article 34 (5); |
| 2. | A person who has been convicted of sexual violence in violation of article 16 (2) or (3) and who has been notified by the Minister Culture, Sports and Tourism of suspension or exclusion of financial support. |
| (2) | Matters necessary for the period and extent of suspension or exclusion of financial support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 36 (Succession to the Effect of Administrative Sanctions) |
| (1) | When an arts business entity transfers its business or dies, or when there is a merger of the corporation, the transferee, heir, or corporation surviving the merger or a corporation established through the merger succeeds to the status of the arts business entity. |
| (2) | When the status of an arts business entity is succeeded pursuant to paragraph (1), the effects of the administrative sanctions imposed on the previous arts business entity pursuant to Article 34 (1) shall be succeeded by the person who succeeds to the status of the arts business entity for 1 year from the date of the administrative disposition; and the effects of the administrative sanctions pursuant to Article 35 (1) shall be succeeded by the person who succeeds to the status of the arts business entity for the duration of the validity period of the relevant administrative disposition; and if the procedure for administrative sanctions is in progress, it may continue against the person who succeeds to the status of the arts business entity: provided, this shall not apply if the transferee, heir, or the corporation surviving after the merger was unaware of the disposition or the violation at the time of the transfer, inheritance, or merger. |
| Article 37 (Dispute Mediation) |
| (1) | The Committee may mediate between the informant and the accused in disputes arising from acts of infringement on artists' rights, either at the request of the parties or |
| (2) | If the Committee intends to mediate a dispute pursuant to paragraph (1), the protection officer shall prepare a mediation plan and report it to the Committee. |
| (3) | Mediation shall be established when the matters agreed upon by the parties are recorded in a mediation agreement, signed or sealed by the parties, and confirmed by the Committee. |
| (4) | Mediation under paragraph (3) has the same effect as reconciliation under the Civil Act. |
| (5) | If the informant and the accused accept the mediation plan pursuant to paragraph (3) and implement the mediation plan, the Committee shall not request relief measures pursuant to Article 32 (1) or request a corrective order pursuant to the former part of Article 34 (1). |
| Article 38 (Prohibition of Disadvantageous Measures) |
| (1) | No person shall take disadvantageous measures as defined in subparagraph 6 of Article 2 of the Public Interest Whistleblower Protection Act (hereinafter referred to as "disadvantageous measures") against anyone for reporting acts of infringement on artists' rights, sexual harassment, or sexual violence related to artistic activities, or for reporting, submitting materials, attending, or testifying pursuant to Article 29 (4). |
| (2) | No State agency, arts support agency, arts education institution, arts business entity, or any person falling under any subparagraph of Article 16 (3) shall, without a legitimate reason, exclude anyone from being eligible for support for artistic activities or arts education activities on the grounds such as reporting of acts of infringement on artists' rights, sexual harassment, or sexual violence related to artistic activities, or reporting, submitting materials, attending, or testifying pursuant to Article 29 (4). |
| (3) | If the Committee requests the Minister of Culture, Sports and Tourism to order necessary corrective measures to any State agencies, etc., arts support agencies, arts business entities, or any person falling under any subparagraph of Article 16 (3) who violates paragraphs (1) or (2), the Minister of Culture, Sports and Tourism may recommend or order the cessation of disadvantageous measures and other necessary corrective actions. |
| (4) | If the Committee deliberates on and resolves that there has been any act of disadvantageous measures against artists related to the Ministry of Culture, Sports and Tourism, it may prepare corrective measures and request the Minister of Culture, Sports and Tourism to comply with them. In such cases, the Minister of Culture, Sports and Tourism shall comply with the corrective measures prepared by the Committee. |
| Article 39 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Culture, Sports and Tourism vested under this Act may be delegated to the heads of relevant agencies as prescribed by Presidential Decree. |
| (2) | Part of the business affairs of the Minister of Culture, Sports and Tourism vested under this Act may be entrusted to a related corporation or organization as prescribed by Presidential Decree. |
| Article 40 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| Article 41 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 1. | A person who fails to comply with a corrective order within the specified period after receiving a corrective order pursuant to Article 34 (1) or (3); |
| 2. | A person who fails to comply with a corrective order after receiving a corrective order issued pursuant to Article 38 (3). |
| (2) | Any person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding 3 million won: |
| 1. | A person who fails to submit data or submits false data in violation of Article 19 (2); |
| 2. | A person who fails to report or submit data, or submits false data, in violation of Article 29 (4) and (5). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Culture, Sports, and Tourism, as prescribed by Presidential Decree. |