The purpose of this Decree is to stipulate matters mandated by the Act on Guarantee of Status and Rights of Artists and matters necessary for its enforcement.
| Article 2 (Scope of Artists) |
Any person who has received or receives education, training, etc. under subparagraph 2 (b) of Article 2 of the Act on the Guarantee of Status and Rights of Artists (hereinafter referred to as the "Act") shall be a person who has received or receives education, training, etc. from any of the following corporations, organizations, or individuals (hereinafter referred to as "corporations, etc."): <Amended on May. 7, 2024> | 1. | Schools determined and publicly notified by the Minister of Culture, Sports and Tourism, the main purpose of which is to provide education, training, etc. related to artistic activities, from among schools defined in Article 2 of the Elementary and Secondary Education Act; |
| 2. | An educational institution the main purpose of which is to provide education and training related to artistic activities in a field prescribed and publicly notified by the Minister of Culture, Sports and Tourism, from among educational institutions specified in any of the following categories: |
| 6. | Artists who provide education, training, etc. by concluding a contract for artistic education activities for the purpose of nurturing artists specified in subparagraph 2 (a) of Article 2 of the Act; |
| 7. | Other corporations that provide education and training, etc. related to artistic activities, as determined and publicly notified by the Minister of Culture, Sports and Tourism. |
| Article 3 (Criteria for Judgment on Persons with De Facto Control over Juristic Persons as Art Business Entities) |
A person who has de facto control pursuant to subparagraph 7 of Article 2 of the Act shall be any of the following persons: | 1. | In cases where a specific individual or specific corporation solely owns at least 50/100 of the total number of outstanding shares or total investments of an art business entity who is a corporation, the specific individual or specific corporation; |
| 2. | In cases where a specific individual or specific corporation holds at least 50% of the total number of issued shares or total investment amount of an arts business entity that is a corporation in combination with any of the following persons, the specific individual or specific corporation; |
| (a) | Persons according to the following categories: |
| i) | For specific individuals: Spouse, blood relatives or in-laws within the fourth degree of kinship; |
| ii) | In the case of a specific corporation: An executive officer of the corporation (referring to a director, auditor, general partner, or a person in a position equivalent thereto; the same shall apply hereinafter in this Article); |
| (b) | The following corporations: |
| i) | A corporation in which a specific individual or corporation solely holds 50 percent or more of the total issued shares or total investment amount; |
| ii) | A corporation in which a specific individual or corporation holds at least 50% of the total number of issued shares or total investment amount in combination with the persons classified in above item (a); |
| iii) | A corporation in which a specific individual or corporation holds 50% or more of the total number of issued shares or total investment amount of the corporation in combination with the corporation referred to in i) or ii); |
| (c) | Executive officers of corporations specified in item (b). |
| Article 4 (Impact Assessment on the Rights of Artists) |
| (1) | The impact assessment on the rights of artists pursuant to Article 11 (3) of the Act (hereinafter referred to as "impact assessment on the right of artists") shall include the following matters: |
| 1. | Matters concerning the possibility of any disadvantages to artists or infringement on the rights of artists due to the implementation or alteration of the relevant arts support project; |
| 2. | Matters concerning the procedures for resolving disadvantages suffered by artists or infringements on artists' rights due to the implementation or change of the relevant art support project; |
| 3. | Other matters that affect the rights of artists and that are publicly notified by the Minister of Culture, Sports and Tourism as deemed necessary to be included in the impact assessment on the rights of artists. |
| (2) | In order to ensure smooth implementation of the impact assessment on the rights of artists, the Minister of Culture, Sports and Tourism may establish the guidelines on the criteria and methods of evaluation and notify them to the State agencies, local governments (hereinafter referred to as "the State agencies, etc.") and arts support agency. |
| (3) | When the State agencies, etc. and the arts support agencies conduct an impact assessment on the rights of artists, they shall keep the results for 3 years. |
| (4) | In cases where it is necessary to establish or amend the guidelines pursuant to paragraph (2) or to formulate measures to protect the rights of artists pursuant to Article 15 (2) of the Act, the Minister of Culture, Sports and Tourism may request submission of the assessment results from the State agencies, etc. that have conducted an impact assessment on the rights of artists and the art support agencies. |
| Article 5 (Detailed Types and Criteria of Unfair Practices) |
The detailed types and criteria of unfair practices according to Article 13 (1) of the Act (hereinafter referred to as "unfair practices") are as set forth in attached Table 1.
| Article 6 (Methods and Procedures for Consultation on Contracts of Artists‘ Union) |
| (1) | When an arts organization that has filed a report pursuant to the latter part of Article 14 (1) of the Act (hereinafter referred to as "artists‘ union") requests consultation pursuant to paragraph (2) of that Article, it shall submit a written document specifying matters to be consulted in detail (including electronic documents; hereinafter referred to as "request for consultation") to the State agencies, etc., arts support agencies, or arts business entities (hereinafter referred to as "counterpart to consultation"). In this case, if requested by the counterpart to consultation, it shall also submit documents proving the fact of reporting pursuant to the latter part of Article 14 (1) of the Act. |
| (2) | The counterpart to consultation who has received a request for consultation in accordance with the former part of paragraph (1) shall notify the artists‘ union that has requested the consultation of the review results of the request for consultation within 10 days from the date of receipt of the consultation request. |
| (3) | The counterpart to consultation who intends to refuse to respond to a request for consultation pursuant to Article 14 (3) of the Act shall notify the other party in writing (including electronic document; hereinafter the same shall apply), specifying the grounds therefor. |
| Article 7 (Measures to Prevent Sexual Harassment and Sexual Violence) |
The "measures necessary to prevent sexual harassment and sexual violence as prescribed by Presidential Decree" in Article 17 (1) 5 of the Act refers to the following measures: | 1. | Development and dissemination of guidelines related to prevention and handling of sexual harassment and sexual violence; |
| 2. | Preparation of support measures for the victims of sexual harassment and sexual violence to resume their artistic activities; |
| 3. | Measures necessary to give preferential treatment to arts business entities, arts support agencies, or arts education institutions that require their employees to receive education for the prevention of sexual harassment and sexual violence in accordance with Article 17 (2) of the Act, in the course of selecting persons eligible for art support projects; |
| 4. | Formulation and implementation of a plan to secure human resources necessary for conducting education for the prevention of sexual harassment and sexual violence. |
| Article 8 (Education for Prevention of Sexual Harassment and Sexual Violence) |
The education for the prevention of sexual harassment and sexual violence pursuant to Article 17 (2) of the Act shall include the following matters: | 1. | Matters concerning the promotion of gender equality awareness among workers of the arts business entities, arts support agencies, or arts education institutions; |
| 2. | Matters concerning the development and spread of gender equality culture in the field of artistic activities; |
| 3. | Matters concerning the prevention of sexual harassment and sexual violence from the viewpoint of gender awareness; |
| 4. | Matters concerning the introduction and promotion of the statutes and regulations related to the prevention of sexual harassment and sexual violence; |
| 5. | Other necessary matters for the prevention of sexual harassment and sexual violence, taking into consideration the particularities of artists and artistic activities. |
| Article 9 (Criteria and Procedures for Designation of Support Agencies for Damage Relief) |
| (1) | The Minister of Culture, Sports and Tourism may designate any of the following institutions or organizations as a support institution for the prevention of sexual harassment and sexual violence and the relief of damage (hereinafter referred to as "support agency for damage relief") pursuant to Article 18 (1) of the Act: |
| 1. | An institution that falls under any of the following categories, which is established for the purpose of preventing sexual harassment and sexual violence and providing damage relief for victims, or which conducts business affairs concerning the prevention of sexual harassment and sexual violence and providing damage relief for victims: |
| 3. | An institution or organization that has been providing counseling and support to the victims of sexual harassment or sexual violence for at least 3 years and has facilities and personnel suitable for performing the business affairs of a support agency for damage relief. In this case, detailed standards for the facilities and personnel shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (2) | An institution or organization seeking to be designated as a support agency for damage relief pursuant to Article 18 (1) of the Act shall apply for designation to the Minister of Culture, Sports and Tourism as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (3) | The Minister of Culture, Sports and Tourism who receives an application for designation pursuant to paragraph (2) shall, if he or she deems that the relevant institution or organization satisfies the designation criteria under paragraph (1), designate it as a support agency for damage relief, and issue a designation certificate as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (4) | When the Minister of Culture, Sports and Tourism designates a support agency for damage relief pursuant to paragraph (3), he or she shall, without delay, publicly announce the name, location, name of representative, and duties of the damage relief support institution in the Official Gazette or post it on the website of the Ministry of Culture, Sports and Tourism. |
| Article 10 (Revocation of Designation of Support Agency for Damage Relief) |
| (1) | "Cases prescribed by Presidential Decree" in Article 18 (4) 3 of the Act refers to any of the following cases: |
| 1. | Where it no longer meets the standards for designation of a support agency for damage relief under Article 9 (1); |
| 2. | Where an executive officer of a support agency for damage relief commits an act of sexual harassment or sexual violence and falls under any of the following items: |
| (a) | Where the court's judgment of guilt becomes final and conclusive; |
| (b) | In the case where the Committee for the Protection of Artists' Rights and the Relief of Victims of Sexual Harassment and Sexual Violence provided in Article 20 (1) of the Act (hereinafter referred to as the "Committee") adopts a resolution on a request for damage relief pursuant to Article 32 (1) of the Act; |
| 3. | In the case where any of the following dispositions is imposed due to grounds related to the performance of duties as a support agency for damage relief: |
| (b) | Revocation of decision to grant local subsidies under Article 12 (1) of the Act on Local Government Subsidy Management. |
| (2) | When the Minister of Culture, Sports and Tourism revokes the designation of a support agency for damage relief pursuant to Article 18 (4) of the Act, he or she shall, without delay, publicly announce the name, location, and representative name of a support agency for damage relief in the Official Gazette or post it on the website of the Ministry of Culture, Sports and Tourism. |
| Article 11 (Composition and Operation of Committee) |
| (1) | The chairperson of the Committee shall represent the Committee and exercise overall control over its affairs. |
| (2) | The chairperson of the Committee shall convene and preside over meetings of the Committee. |
| (3) | A meeting of the Committee shall be held with the attendance of a majority of all incumbent members, and a resolution shall be passed with the concurrent vote of a majority of those present. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the operation of the Committee shall be determined by the chairperson through a resolution of the Committee. |
| Article 12 (Composition and Operation of Subcommittees) |
| (1) | The Subcommittee for Artists' Rights Guarantee under Article 21 (5) of the Act (hereinafter referred to as the "Subcommittee on the Guarantee of Rights") and the Subcommittee for Relief for Victims of Sexual Harassment and Sexual Violence against Artists under Article 21 (5) of the Act (hereinafter referred to as the "Subcommittee on the Relief of Victims") shall each be composed of no more than 10 members, including 1 chairperson. |
| (2) | The members of the Subcommittee on the Guarantee of Rights and the Subcommittee on the Relief of Victims shall be designated by the chairperson of the Committee from among the following committee members. |
| (3) | The meetings of the Subcommittee on the Guarantee of Rights and the Subcommittee on the Relief of Victims shall be presided over by the chairperson of each Subcommittee, and the results of the meetings shall be reported to the Committee. |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the composition and operation of each subcommittee shall be determined by the chairperson following a resolution by the Committee. |
| Article 13 (Qualifications of Artist Protection Officers) |
| (1) | The Minister of Culture, Sports and Tourism shall designate an artist protection officer pursuant to Article 27 (1) of the Act (hereinafter referred to as "protection officer") from among public officials in general service belonging to the Senior Civil Service in charge of protecting the right and interest of artists at the Ministry of Culture, Sports and Tourism. |
| (2) | The Minister of Culture, Sports and Tourism shall designate a public official in charge of assisting the duties of a protection officer from among public officials of Grade IV or higher belonging to the Ministry of Culture, Sports and Tourism. |
| Article 14 (Procedures for Reporting on Acts of Infringement on Rights of Artists) |
| (1) | A person who intends to file a report under Article 28 (1) and (2) of the Act shall submit a document stating the following matters to the Minister of Culture, Sports and Tourism. In such cases, it may be submitted through the Artist‘s Hotline under Article 28 (3) of the Act (hereinafter referred to as "the Artist‘s Hotline"): |
| 1. | Name and address of the reporter (in case of a corporation or organization such as artists‘ union, the name of the corporation or organization, the location of the main office, and the name and address of the representative); |
| 2. | Details of an act of infringement on the right of artists subject to reporting or sexual harassment or sexual violence related to artistic activities (referring to sexual harassment or sexual violence in violation of Article 16 (2) or (3) of the Act; hereinafter the same shall apply); |
| 3. | Purpose and grounds for reporting. |
| (2) | Notwithstanding paragraph (1), if a person who intends to file a report pursuant to Article 28 (1) and (2) of the Act has difficulties in submitting a written report, he or she may make a verbal report. In such cases, a person in charge of receiving verbal reports shall write down the details stated by the reporter, read them to the reporter, and have the reporter sign or affix his or her seal. |
| Article 15 (Operation of Artist‘s Hotline) |
| (1) | The Minister of Culture, Sports and Tourism shall designate a department in charge of the management and operation of the Artist‘s Hotline. |
| (2) | The Minister of Culture, Sports and Tourism shall utilize the Artist's Hotline to classify and manage reports filed pursuant to Article 28 (1) and (2) of the Act according to the details of acts of infringement on the rights of artists or sexual harassment or sexual violence related to artistic activities. |
| (3) | The Minister of Culture, Sports and Tourism shall analyze the details of reports registered in the Artist‘s Hotline and the results of processing such reports, and shall reflect the analysis results in formulating or amending policies for the prevention of infringement on the rights of artists and sexual harassment and sexual violence. |
| Article 16 (Investigation of Reported Facts) |
| (1) | In cases where the Minister of Culture, Sports and Tourism seeks the consent of the victims pursuant to Article 29 (2) of the Act, he or she shall explain the entire investigation procedure to the victim verbally and in writing before initiating the investigation, and then obtain consent in writing. |
| (2) | When a protection officer requests a report, submission of materials, or attendance or statement pursuant to Article 29 (4) of the Act, he or she shall do so in writing, specifying the matters classified as follows: |
| 1. | In case of reporting or submission of materials: |
| (a) | Reasons for requesting reports and submission of materials; |
| (b) | Scope of reporting and submission of materials; |
| (c) | Deadline and method for reporting and submission of materials; |
| (d) | Details of sanctions for refusal to submit reports and materials; |
| 2. | In case of attendance and statement: |
| (a) | Date and place of attendance and statement; |
| (b) | Reasons for requesting attendance and statement; |
| (c) | Matters to be presented in attendance. |
| Article 17 (Procedures and Methods for Filing Objections) |
| (1) | When the Minister of Culture, Sports and Tourism makes a notification pursuant to Article 31 (3) or Article 32 (3) of the Act, he or she shall provide a written notification stating the method and deadline for filing an objection. |
| (2) | A person who wishes to file an objection pursuant to Article 31 (4) or Article 32 (4) of the Act shall prepare a written request for objection in the form prescribed by the Ordinance of the Ministry of Culture, Sports and Tourism and submit it to the Minister of Culture, Sports and Tourism. |
| (3) | The Minister of Culture, Sports and Tourism shall notify the reporter or the reported party of the results of processing the objection within 30 days from the date of receipt of the objection pursuant to Article 31 (4) or Article 32 (4) of the Act. |
| (4) | No further objection shall be filed against the results of processing the objection under paragraph (3). |
| Article 18 (Standards for Period and Extent of Suspension or Exclusion of Financial Support) |
The standards for the period and extent of suspension or exclusion of financial support under Article 35 (1) of the Act shall be as specified in attached Table 2.
| Article 19 (Entrustment of Business Affairs) |
| 1. | Receipt of reports on the formation of artists‘ union pursuant to the latter part of Article 14 (1) of the Act; |
| 2. | Receipt of reports on any acts of infringement on the rights of artists and sexual harassment and sexual violence related to artistic activities in accordance with Article 28 (1) and (2) of the Act. |
| Article 20 (Processing of Personally Identifiable Information) |
| Article 21 (Standards for Imposing Administrative Fines) |
Standards for imposing administrative fines pursuant to Article 41 (1) and (2) of the Act shall be as listed in attached Table 3.
ADDENDA <Presidential Decree No. 32911, Sep. 20, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2022.
Attached Table 1 shall be deleted.
Subparagraph 2 (e) of attached Table 2 shall be deleted.
Article 3 (Transitional Measures following Amendment to Other Statutes and Regulations)
With respect to the cases reported pursuant to Article 3-4 (1) 2 of the former Enforcement Decree of the Artist Welfare Act before this Decree enters into force, for which an investigation under paragraph (2) of that Article is not completed at the time this Decree enters into force, a report shall be deemed to have been made pursuant to the former part of Article 14 (1) of this Decree.
ADDENDA <Presidential Decree No. 34492, May. 7, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 17, 2024.