CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the creation, distribution, and enjoyment of art by stipulating matters necessary for the promotion of art, thereby improving the quality of cultural life of the people and realizing a cultural country.
The terms used in this Act are defined as follows:
| 1. | "Art" refers to the expression of an artist's thoughts, emotions, or artistic experiences through visual media such as painting, sculpture, printmaking, media art, installation art, performance art, and applied art; |
| 2. | "Artwork" refers to tangible and intangible creations produced by artists through artistic activities; |
| 3. | "Art records" refer to records generated during the process of artistic activities that have preservation value; |
| 4. | "Art exhibition" refers to the activity of displaying artworks and art records (hereinafter referred to as "artworks, etc.") to the public; |
| 6. | "Gallery business" refers to the business of discovering or nurturing artists and mediating, renting, or selling artworks through art exhibitions; |
| 7. | "Art auction business" refers to the business of mediating or selling artworks through auctions (excluding auctions under Article 271 of the Civil Execution Act; hereinafter the same shall apply); |
| 8. | "Art advisory business" means the business of providing opinions on the valuation or acquisition and disposal of artworks (including rights to artworks) on a continuous or recurring basis for profit; |
| 9. | "Art rental and sales business" refers to the business of mediating, renting, or selling artworks (including rights to artworks) by means other than the gallery business and the art auction business; |
| 10. | "Art appraisal business" refers to the business of evaluating the authenticity and the artistic, cultural, and historical significance and quality of artworks, and issuing appraisal certificates that indicate the results of such evaluations; |
| 11. | "Art exhibition business" refers to the business of planning, organizing, hosting, or managing the exhibitions of artworks, etc.; |
| 12. | "Art service provider" refers to a person who reports and engages in the art service industry in accordance with this Act; |
| (a) | Government artworks as defined in subparagraph 14; |
| (b) | Artworks owned by local governments or City/Do Office of Education, the management of which have been entrusted to a specialized public artwork management agency pursuant to Article 30 (hereinafter referred to as "specialized public artwork management agency"); |
| (c) | Artworks owned by public institutions as defined in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institutions"), local public enterprises under the Local Public Enterprises Act, the Bank of Korea, the Korean Broadcasting System, and other institutions publicly notified by the Minister of Culture, Sports and Tourism, the management of which have been entrusted to a specialized public artworks management agency; |
| 14. | "Government artworks" means artworks owned by a State agency that falls under any of the following categories, which are selected and managed by a specialized public artworks management agency for their high artistic or preservation value: |
| (a) | The National Assembly, the courts, the Constitutional Court, and the National Election Commission; |
| (b) | Central administrative agencies (including agencies affiliated with the President and the Prime Minister) and their subordinate agencies, the National Human Rights Commission of Korea, and the Corruption Investigation Office for High-ranking Officials. |
| Article 3 (Responsibilities of State and Local Governments) |
| (1) | The State and local governments shall establish policies for the promotion of art and provide necessary support. |
| (2) | The State and local governments shall endeavor to secure necessary budget to implement the policies under paragraph (1). |
| Article 4 (Relationship to Other Statutes) |
| Article 5 (Formulation of Basic Plan for Art Promotion) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate and implement a basic plan for art promotion (hereinafter referred to as "basic plan") every 5 years. |
| (2) | A master plan shall include the following: |
| 1. | Mid- to long-term basic direction for art promotion; |
| 2. | Improvement of the statutes and regulations for art promotion; |
| 3. | Support for art creation, planning, and exhibition activities; |
| 4. | Training of art-related professionals; |
| 5. | Art-related international exchange and overseas expansion; |
| 6. | Establishment of a fair trade order related to art; |
| 7. | Revitalizing the distribution of artworks; |
| 8. | Management of public artwork; |
| 9. | Improvement of systems to expand the base for art enjoyment; |
| 10. | Other matters necessary for the promotion of art. |
| (3) | The Minister of Culture, Sports and Tourism shall formulate and implement an annual detailed implementation plan (hereinafter referred to as "implementation plan") in accordance with the basic plan. |
| (4) | When formulating and implementing the basic plan and implementation plan, the Minister of Culture, Sports and Tourism shall consult in advance with the head of the relevant central administrative agency. |
| (5) | If necessary for the formulation and implementation of the basic plan and implementation plan, the Minister of Culture, Sports and Tourism may request cooperation from the head of the relevant local government or related institutions, corporations, or organizations. In this case, the person who has received the request shall comply with it unless there is a justifiable reason. |
| (6) | If the Minister of Culture, Sports and Tourism intends to change the confirmed basic plan and implementation plan, paragraphs (4) and (5) shall apply mutatis mutandis: provided, this shall not apply where he or she alters any insignificant matters prescribed by Presidential Decree. |
| Article 6 (Fact-Finding Survey) |
| (1) | The Minister of Culture, Sports and Tourism shall annually conduct a fact-finding survey on the environment for creation and distribution, etc. in order to utilize it as basic data as necessary for formulating and implementing policies for the promotion of art, and shall publish the results thereof. |
| (2) | The Minister of Culture, Sports and Tourism may request relevant data from the heads of central administrative agencies, local governments, or public institutions when necessary for the fact-finding survey under paragraph (1). In such cases, the heads of the relevant central administrative agencies, local governments, or public institutions shall comply with the request unless there are special circumstances. |
| (3) | The Minister of Culture, Sports and Tourism may request the submission of data or the statements of opinion from art-related organizations prescribed by Presidential Decree, only when necessary for the fact-finding survey under paragraph (1). |
| (4) | Necessary matters, such as the details, scope, and procedures of the fact-finding survey under paragraph (1) shall be determined by Presidential Decree. |
CHAPTER 2 CREATION, DISTRIBUTION AND ENJOYMENT
| Article 7 (Support for Artistic Creation) |
| (1) | The State and local governments shall prepare policies to support artistic creation. |
| (2) | The State and local governments may provide necessary support to revitalize artistic creation within budget. |
| (3) | Matters necessary for the subjects, methods, etc. of support under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 8 (Support for Exhibitions) |
| (1) | The State and local governments shall prepare policy measures to support art exhibitions in order to expand the public's enjoyment of art and revitalize art-related services. |
| (2) | The State and local governments may provide necessary support to planners, art exhibitors, art-related corporations or organizations, etc. for the revitalization of art exhibitions within budgetary limits. |
| (3) | Matters necessary for the subjects, methods, etc. of support under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 9 (Expansion of Space for Art Creation) |
| (1) | The State and local governments shall take measures to expand spaces and facilities for the creation of art and the exhibition, preservation, and storage of artworks (hereinafter referred to as "creative spaces"). |
| (2) | When the State and local governments directly provide creative spaces, etc. or entrust the management of creative spaces, etc. pursuant to paragraph (3), they may support the expenses necessary for the maintenance and operation of the spaces within the budget: provided, this shall not apply where there are special provisions in other Acts. |
| (3) | If necessary to promote the efficient management and use of creative space, etc., the State or local government may entrust the management of creative space, etc. provided by the State or local government to a corporation, organization, or individual prescribed by Presidential Decree. |
| Article 10 (Revitalization of Local Art) |
| (1) | The State and local governments shall endeavor to strengthen inter-regional cooperation and exchange in order to revitalize local art and expand opportunities for local residents to enjoy art. |
| (2) | The State and local governments may provide necessary support for inter-regional cooperation and exchange pursuant to paragraph (1) within the scope of the budget. |
| Article 11 (Support for International Exchange and Overseas Expansion) |
| (1) | The State and local governments may support the following projects in order to promote and revitalize international exchanges related to art and the overseas expansion of artworks and artists: |
| 1. | Publication and distribution of related materials for international exchange and overseas expansion; |
| 2. | Survey and research for international exchange and overseas expansion; |
| 3. | Provision of information and education for international exchange and overseas expansion; |
| 4. | Other matters prescribed by Presidential Decree to promote international exchanges related to art and the overseas expansion of artworks and artists. |
| (2) | Necessary matters regarding the subjects, methods, procedures, etc. of support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 12 (Training of Professional Manpower) |
The State and local governments shall prepare the following policy measures to foster professional manpower necessary for laying the foundation for art and promoting art:
| 1. | To secure balance and diversity in the supply and demand of professional manpower; |
| 2. | To strengthen cooperation between industry, academia, and government; |
| 3. | To expand training, exchange, and retraining opportunities for professional manpower; |
| 4. | To strengthen research base; |
| 5. | To expand opportunities for professionals to advance into related fields; |
| 6. | Other matters necessary for training professional manpower. |
| Article 13 (Support from Art-Related Corporations or Organizations) |
The State and local governments may, as prescribed by Presidential Decree, provide necessary support within the budgetary limits to corporations or organizations established for the purpose of promoting art or supporting art-related activities.
| Article 14 (Revitalization of Art Service Industry) |
| (1) | The Minister of Culture, Sports and Tourism shall strive to revitalize the art service industry in order to lay the foundation for art and promote opportunities for the public to enjoy art. |
| (2) | The Minister of Culture, Sports and Tourism may provide necessary support in order to revitalize the art service industry, as prescribed by Presidential Decree. |
| Article 15 (Creating Fair Trade and Distribution Order) |
| (1) | The State and local governments shall endeavor to create a fair trade and distribution order for artworks in order to promote art. |
| (2) | The Minister of Culture, Sports and Tourism may carry out the following projects in order to create a fair trade and distribution order pursuant to paragraph (1): |
| 1. | Analysis and evaluation of the current state of the art market; |
| 2. | Other projects necessary to create a fair trade and distribution order. |
| (3) | Anyone engaged in art creation, planning, or the art service industry shall not, without reasonable cause, abuse their position to unilaterally demand the transfer of intellectual property rights or impose unfair contracts on their counterparts, nor shall they obtain unjust benefits. |
| (4) | Any party entering into a contract for art-related services shall pay a fair and appropriate fee to ensure the quality and standard of the art services provided. |
| (5) | Any person engaged in the gallery business, art auction business, art consultancy, or art rental and sales business shall fulfill the following obligations to establish a fair trade and distribution order: provided, subparagraphs 2 through 4 shall apply only to those engaged in the art auction business: |
| 1. | To manage the records of the artworks they have distributed; |
| 2. | To publicly disclose the hammer price of artworks sold at their auctions and whether the auction payments have been fully settled; |
| 3. | To refrain from participating in their own auctions or engaging in activities that undermine the fairness of the auction; |
| 4. | When auctioning artworks owned or managed by the auctioneer or owned or managed by a person who is or was a relative under Article 777 of the Civil Code, the auctioneer shall notify the participants in advance of the auction so that they are aware of the fact. |
| (6) | A person engaged in the art appraisal business shall fulfill the following obligations in order to create a fair trade and distribution order: |
| 1. | To be independent of the person who commissioned the appraisal of artworks or any other art service provider to make an impartial appraisal; |
| 2. | To not issue a false appraisal statement; |
| 3. | To refrain from independently appraising artworks owned, managed, or distributed by the appraiser, their current or former relatives as defined in Article 777 of the Civil Act, if there is a concern about unfair appraisal; |
| 4. | The appraisal certificate shall be issued in accordance with the form determined and publicly notified by the Minister of Culture, Sports and Tourism; |
| 5. | To accept no compensation related to their appraisal services beyond the fees and actual expenses incurred for the appraisal; |
| 6. | To refrain from offering or promising money or other financial benefits in exchange for securing appraisal contracts. |
| Article 16 (Consumer Protection) |
| (1) | The State and local governments shall establish policy measures necessary to protect the rights and interests of consumers related to the art service industry, such as art distribution, appraisal, and art exhibitions, in accordance with relevant statutes and regulations such as the Framework Act on Consumers. |
| (2) | A person who has purchased an artwork from an artist or an art service provider may request the artist or art service provider to issue the certificate of authenticity of the artwork, or the substitute certificate (including documents proving the grounds for not issuing the certificate of authenticity). |
| (3) | Matters to be included in the certificate of authenticity referred to in paragraph (2), such as the artist, name of the artwork, date of purchase, place of purchase, and the details of warranty, shall be prescribed by Presidential Decree. |
| Article 17 (Standard Contract) |
| (1) | The Minister of Culture, Sports and Tourism shall, in consultation with the Fair Trade Commission, prepare and publicly notify the standard contract related to art creation, planning, exhibition, distribution, etc. |
| (2) | If the standard contract is used pursuant to paragraph (1), the State and local governments may give preferential treatment in financial support for culture and art, such as financing from the Culture and Arts Promotion Fund pursuant to Article 16 of the Culture and Arts Promotion Act. |
| (3) | The Minister of Culture, Sports and Tourism shall listen to the opinions of stakeholders and experts when enacting or revising a standard contract under paragraph (1). |
| (4) | No person shall use the term "standard contract" or any other similar designation for a contract that is not the standard contract form publicly notified pursuant to paragraph (1). |
| Article 18 (Reporting of Art Service Industry) |
| (1) | Any person who intends to engage in the art service business shall file a report with the Special Metropolitan City Mayor, Special Self-Governing Province Governor (referring to the head of a Si/Gun/Gu in cases where there are a local government Si/Gun/Gu within the jurisdiction of the Special Self-Governing Province; hereinafter the same shall apply), or the head of a Si/Gun/Gu, in accordance with the provisions prescribed by Presidential Decree regarding the matters to be stated in the report and the documents to be attached. The same shall apply when intending to change important matters prescribed by the Ministerial Decree of Culture, Sports and Tourism among the reported matters. |
| (2) | Art service businesses in which the State, local governments, or public institutions are involved in the operation shall not be subject to paragraph (1). |
| (3) | When the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of Si/Gun/Gu receives a report or a report on modification under paragraph (1), he or she shall review the details of report, and accept the report if it complies with this Act, and provide the applicant with the certificate of report prescribed by Ministerial Decree of Culture, Sports and Tourism. |
| (4) | No person falling under any of the following subparagraphs shall file a report on the art service business under paragraph (1): |
| 1. | A minor or a person under adult guardianship; |
| 2. | A person who has been declared bankrupt and has not been reinstated; |
| (a) | A person who was sentenced to imprisonment without prison labor or heavier punishment and for whom 1 year has not passed since the execution was completed (including cases where the execution is deemed to have been completed) or the execution was exempted; |
| (b) | A person who has been sentenced to probation of imprisonment or heavier punishment and for whom 1 year has not passed since the expiration of the probation period; |
| (c) | A person for whom 1 year has not passed since he was sentenced to a fine; |
| 4. | A person who has been ordered to close his or her business pursuant to Article 19 (1) and 1 year has not elapsed since the order, or who has been ordered to suspend his or her business and the suspension period has not yet expired; |
| 5. | A person who does not have an address in the Republic of Korea; |
| 6. | A corporation or organization whose representative, executive officer, or auditor is a person who falls under any of subparagraphs 1 through 4. |
| (5) | When a person who has reported an art service business pursuant to paragraph (1) closes his or her business, he or she shall report the fact to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu within 14 days as prescribed by Presidential Decree. |
| (6) | If a business closure is reported pursuant to paragraph (5), the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall cancel the reported matters filed under paragraph (1): provided, if the fact of business closure is confirmed as prescribed by Presidential Decree, the reported matters may be canceled ex officio. |
| (7) | An art service business entity shall post the certificate of report issued pursuant to paragraph (3) on the place of business or on his or her website. |
[Enforcement date: July 26, 2026] Article 18
| Article 19 (Business Suspension) |
| (1) | If a person conducts an art service business without filing a report or a report on modification pursuant to Article 18 (1), or if the art service business entity falls under any of the following subparagraphs, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu may order the suspension of business for a specified period not exceeding 6 months, or the closure of business: provided, in cases falling under subparagraph 1 or 2, he or she shall order a business closure: |
| 1. | When a person files a report pursuant to Article 18 (1) by false or other illegal means; |
| 2. | When a person continues to operate the business in violation of an order to suspend business; |
| 3. | In cases that fall under any of Article 18 (4) 1 through 3, 5, and 6: provided, in the case of a corporation or organization specified in subparagraph 6 of the same paragraph, this shall not apply if the relevant executive officer is reappointed within 6 months; |
| 4. | In case of violation of Article 15 (3), (5) or (6). |
| (2) | If the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of Si/Gun/Gu intends to order business closure pursuant to paragraph (1), he or she shall hold a hearing. |
| (3) | Detailed criteria for administrative dispositions under paragraph (1) shall be prescribed by Presidential Decree, taking into consideration the type and severity of the violations. |
[Enforcement date: July 26, 2026] Article 19
| Article 20 (Succession to Business) |
| (1) | When an art service provider transfers its business, or dies, or merges with another corporation, and if the transferee, heir, or art service provider established through the merger or surviving after the merger (hereinafter referred to as "transferee, etc.") intends to succeed to the status of a business operator, the fact shall be reported to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu within 30 days from the date of transfer, inheritance, or merger, as prescribed by Presidential Decree. |
| (2) | When a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun/Gu receives a report pursuant to paragraph (1), he or she shall review the details of the report and accept the report if it complies with this Act. |
| (3) | If the report filed under paragraph (1) is accepted, the transferee, etc. shall succeed to the status of previous art service provider from the date of transfer, inheritance date, or merger. |
| (4) | If an art service provider whose reported details are terminated pursuant to a report on business closure filed under Article 18 (5) files a report pursuant to Article 18 (1) within 1 year after reporting the business closure, the art service provider shall succeed to the status of an art service provider as before the report on business closure. |
[Enforcement Date: July 26, 2026] Article 20
| Article 21 (Protection of Intellectual Property Rights) |
| (1) | The Minister of Culture, Sports and Tourism shall establish policy measures to protect intellectual property rights necessary to protect and foster art creation, planning and exhibition, and art distribution and appreciation activities. |
| (2) | The Minister of Culture, Sports and Tourism may provide assistance with the following matters in order to prevent illegal reproduction and distribution of artworks, etc.: |
| 1. | Technical protective measures and labeling of information concerning control of rights; |
| 2. | Education and promotion related to intellectual property rights; |
| 3. | Other matters relevant to the protection of intellectual property rights. |
| (3) | If necessary for the protection of art-related intellectual property rights, the Minister of Culture, Sports and Tourism may request cooperation from the head of the relevant central administrative agency with respect to the improvement and operational rationalization of related systems. |
| Article 22 (Support for Research and Survey) |
| (1) | The State and local governments may support the research, survey, and technological development necessary for the creation, planning, and exhibition of art, the distribution and appraisal of artworks, and the management and preservation of artworks, etc. |
| (2) | The Minister of Culture, Sports and Tourism may provide assistance with cooperative research, survey, and technology development through joint use of human resources, facilities, equipment, funds and information. |
| (3) | Necessary matters regarding the objects, methods, procedures, etc. of support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 23 (Establishment and Operation of Integrated Art Information System) |
| (1) | The Minister of Culture, Sports and Tourism shall take necessary policy measures to ensure that all citizens have smooth access to art-related information and utilize art-related information beneficially, and to efficiently promote art promotion policies based on art-related information. |
| (2) | The Minister of Culture, Sports and Tourism may establish and operate an integrated art information system, as prescribed by Presidential Decree, in order to comprehensively manage art-related information and provide art-related information to stakeholders. |
| (3) | The Minister of Culture, Sports and Tourism may, as prescribed by Presidential Decree, request the heads of relevant central administrative agencies, heads of local governments, and heads of related institutions and organizations (hereinafter referred to as "heads of relevant central administrative agencies, etc.") as well as individuals to provide information necessary for the operation of the integrated art information system, and the Minister may hold and use the provided information within the scope of the intended purpose. In such cases, the heads of the relevant central administrative agencies, etc. who have been requested to provide information shall comply with the request unless there is a justifiable reason not to do so. |
| (4) | If it is necessary to utilize the integrated art information system, the heads of relevant central administrative agencies and heads of local governments shall consult in advance with the Minister of Culture, Sports and Tourism. In this case, the Minister of Culture, Sports and Tourism may provide information to the extent necessary for related business affairs, and the heads of relevant central administrative agencies and local governments that have received information may retain and use the information in line with the purpose for which it was provided. |
CHAPTER 3 ARTIST COMPENSATION FOR RESALE OF ARTWORK
| Article 24 (Artist Compensation for Resale of Artworks) |
| (1) | If a person engaged in the business of art galleries, art auctions, art consulting, or art leasing and sales intervenes as the seller, buyer, or intermediary, and the relevant artwork is resold after the ownership of the artwork is first transferred from the artist, the artist shall have the right to claim an amount, calculated according to the rate prescribed by Presidential Decree, from the seller (hereinafter referred to as the "resale royalty right"): provided, this shall not apply in any of the following cases: |
| 1. | If the resale price of the artwork is less than 5 million won; |
| 3. | If the seller resells the artwork within 3 years after acquiring it directly from the original artist, and the resale price of the artwork is less than 20 million won. |
| (2) | The resale royalty right under paragraph (1) is non-transferable and shall subsist during the lifetime of the artist and for 30 years after their death: provided, if the artist has deceased at the time of resale, the artist's legal heirs may exercise the resale royalty right. |
| (3) | The resale royalty right under paragraph (1) shall not apply if the artist is a foreign national and the foreign country does not recognize the resale royalty right for a Korean artist: provided, if there are different provisions in treaties to which the Republic of Korea is a party, those provisions shall prevail. |
[Enforcement Date: July 26, 2027] Article 24
| Article 25 (Collection and Distribution of Artist Compensation for Resale of Artworks) |
| (1) | The resale royalty right shall be exercised through the agency designated to undertake projects for the promotion of art pursuant to Article 27 (hereinafter referred to as the "art promotion agency") or through an organization that meets the following requirements and is designated by the Minister of Culture, Sports and Tourism. In such cases, the organization seeking designation shall submit its operational regulations to the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree: |
| 1. | An organization comprised of persons who have the resale royalty right pursuant to Article 24 (1) within the Republic of Korea; |
| 2. | It shall not aim at profit-making; |
| 3. | It shall have sufficient capacity to perform duties such as collecting and distributing artist compensation for resale of artwork (hereinafter referred to as "resale royalties"). |
| (2) | When an art promotion agency or an organization designated pursuant to paragraph (1) receives an application to exercise the right from a person who has the resale royalty right, the organization shall not refuse the exercise of that right on behalf of that person unless there is a justifiable reason. In this case, the art promotion agency or its organization has the authority to take judicial or extrajudicial actions regarding the rights in its own name. |
| (3) | The Minister of Culture, Sports and Tourism may revoke the designation of an organization if the organization or its employees designated pursuant to paragraph (1) falls under any of the following: |
| 1. | When the organization fails to meet the requirements set forth in paragraph (1); |
| 2. | When the organization has violated a significant portion of the operational regulations submitted at the time of designation by the Minister of Culture, Sports and Tourism; |
| 3. | When the organization has been out of business for a substantial period of time and is likely to harm the interests of claimants for resale royalty right. |
| (4) | An art promotion agency or an organization designated pursuant to paragraph (1) may receive a fee for the collection and distribution of resale royalties. In this case, the rate or amount of the fee shall be determined by the art promotion agency or the relevant organization with the approval of the Minister of Culture, Sports and Tourism. |
| (5) | If an art promotion agency or an organization designated pursuant to paragraph (1) wishes to distribute resale royalties, it shall publicly announce matters related to the distribution of resale royalties as prescribed by Presidential Decree. If resale royalties remain undistributed for a period exceeding 5 years from the date of public announcement of distribution (hereinafter referred to as "undistributed royalties"), those undistributed royalties may be used for the promotion of the art with the approval of the Minister of Culture, Sports and Tourism. |
| (6) | The specific details of the operational regulations necessary for the designation and revocation of designation of organizations pursuant to paragraphs (1) through (5), the procedures for the collection and distribution of resale royalties, the collection of fees, the use of undistributed royalties, and other required matters shall be prescribed by Presidential Decree. |
[Enforcement date: July 26, 2027] Article 25
| Article 26 (Provision of Information) |
| (1) | An art promotion agency or an organization designated pursuant to Article 25 (1) may request information necessary for payment of resale royalties from persons engaged in a gallery business, art auction business, art advisory business, or art rental/sales business. In this case, the person who has received the request shall comply with it unless there is a justifiable reason, and the art promotion agency or organization that has received the information shall not disclose the information to anyone else except when necessary for business purposes. |
| (2) | The scope of information necessary for the payment of resale royalties under paragraph (1), as well as the procedures and methods for providing such information, shall be prescribed by Presidential Decree. |
[Enforcement date: July 26, 2027] Article 26
CHAPTER 4 DESIGNATION OF INSTITUTIONS DEDICATED TO ART PROMOTION
| Article 27 (Designation of Art Promotion Agency) |
| (1) | The Minister of Culture, Sports and Tourism may designate an agency dedicated to efficiently carrying out projects for the promotion of art. |
| (2) | The art promotion agency conducts the following projects: |
| 1. | Research, survey, technology development and support for art promotion; |
| 2. | Creation, planning, and exhibition for the promotion of the art; distribution, appraisal, and publicity; and support thereof; |
| 3. | Training of professional manpower for art promotion; |
| 4. | Support for art-related international exchanges and overseas expansion of artworks and artists; |
| 5. | Other projects deemed necessary by the Minister of Culture, Sports and Tourism to achieve the purpose of designation as an art promotion agency. |
| (3) | If an art promotion organization falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may revoke its designation or order it to make corrections: provided, if it falls under subparagraph 1, the designation shall be revoked: |
| 1. | If it is designated by fraud or other improper means; |
| 2. | If it fails to meet the requirements for designation; |
| 3. | In cases where it becomes difficult for an art promotion agency to continue its operations due to other significant reasons of public interest. |
| (4) | The Minister of Culture, Sports and Tourism may provide financial support for the operational expenses of an art promotion agency within the scope of the budget. |
| (5) | Matters necessary for the designation requirements, revocation of designation, and financial support for an art promotion agency, other than those provided in paragraphs (1) through (4), shall be prescribed by Presidential Decree. |
| (1) | Notwithstanding the main clause of the provisions of Article 5 (2) of the Act on the Collection and Use of Donations, an art promotion agency may accept voluntarily donated money and goods within the scope that aligns with its business purposes. In such cases, the art promotion agency shall report the value and description of the donations to the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree. |
| (2) | If an art promotion agency intends to dispose of artworks among donated items pursuant to paragraph (1), it shall report the details to the Minister of Culture, Sports and Tourism in advance and obtain approval. |
| (1) | The Minister of Culture, Sports and Tourism may require public officials under his or her control to inspect the business affairs, accounts, and the status of assets of an art promotion agency, or order the art promotion agency to submit materials necessary for the inspection. |
| (2) | If any illegal or unfair matters are found as a result of the inspection under paragraph (1), the Minister of Culture, Sports and Tourism may order the art promotion agency to make corrections or take other necessary measures. |
| Article 30 (Specialized Public Artworks Management Agency and Public Art Bank) |
| (1) | The Minister of Culture, Sports and Tourism shall designate a specialized public artwork management agency to perform the following tasks and establish a public art bank within the specialized public artwork management agency: |
| 1. | Support for fact-finding survey and statistical preparation regarding public artworks; |
| 2. | Support for formulating a basic plan for the management of public artworks pursuant to Article 5 (2) 8; |
| 3. | Support for the acquisition of government artworks, including purchasing, in-house production, selection and deselection, donation, or contributions; |
| 4. | Support for the maintenance, preservation, lending, and utilization of government artworks; |
| 5. | Support for the disposal of government artworks; |
| 6. | Management of artworks in accordance with subparagraph 13 (b) and (c) of Article 2; |
| 7. | Business affairs of a public art bank pursuant to the statutes and regulations, and business affairs entrusted to a public art bank pursuant to the statutes and regulations; |
| 8. | Other projects deemed necessary by the Minister of Culture, Sports and Tourism to achieve the purpose of designation as a public artwork management agency. |
| (2) | Matters necessary for the establishment and operation of a public art bank, management of public artworks, etc. shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 131 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
| Article 32 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Culture, Sports and Tourism may delegate part of authority prescribed in this Act to the head of a local government, as prescribed by Presidential Decree. |
| (2) | The Minister of Culture, Sports and Tourism may entrust all or part of the business affairs under this Act to an art promotion agency, a specialized public artwork management agency, or institutions, corporations, or organizations established for the purpose of promoting the art, as prescribed by Presidential Decree. |
| Article 33 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 1. | A person who has engaged in a gallery business, art auction business, art advisory business, art rental or sales business, art appraisal business, or art exhibition business without filing a report or modified report in violation of Article 18 (1); |
| 2. | A person who fails to report business succession in violation of Article 20 (1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. |
[Enforcement Date: July 26, 2026] Article 33
ADDENDUM <Act No. 19568, Jul. 25, 2023>
This Act shall enter into force 1 year after the date of its promulgation: provided, Articles 18 through 20 and Article 33 shall enter into force 3 years after the date of promulgation, and Articles 24 through 26 shall enter into force 4 years after the date of promulgation.