The purpose of this Act is to prescribe matters necessary to preserve, succeed, foster, and promote Gugak, as well as to revitalize the Gugak cultural industry, thereby contributing to the improvement of the quality of cultural life of the people and the development of Korean culture.
The terms used in this Act are defined as follows:
| 1. | The term "Gugak" means the traditional music, traditional dance, traditional theatrical performances that are unique artistic expressions of our people, as well as the performing arts that reinterpret and recreate these traditions; |
| 2. | The term "Gugak cultural industry" means the industry involved in the planning, development, production, manufacturing, distribution, and consumption of cultural products related to Gugak (which include tangible and intangible goods, services, and their combinations that create economic added value through the use of Gugak) as well as related services. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall formulate and implement policies necessary to promote Gugak and revitalize the Gugak cultural industry. |
| (2) | The State and local governments shall endeavor to take necessary budgetary measures to fulfill their responsibilities as stipulated in paragraph (1). |
| Article 4 (Relationship to other statutes) |
The promotion of Gugak and revitalization of the Gugak cultural industry shall be governed by this Act, except as otherwise provided in other statutes.
| Article 5 (Formulation of basic plans and implementation plans) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate and implement a basic plan (hereinafter referred to as the "basic plan") to promote Gugak and revitalize the Gugak cultural industry every 5 years. |
| (2) | A master plan shall include the following: |
| 1. | Basic direction and goals of the policy to promote Gugak and revitalize the Gugak cultural industry; |
| 2. | Survey and research to promote Gugak and revitalize the Gugak cultural industry; |
| 3. | Matters necessary for promoting Gugak education and enjoyment of Gugak; |
| 4. | Establishment of a foundation for revitalizing the Gugak cultural industry; |
| 5. | Training of professional manpower needed for Gugak and Gugak cultural industry; |
| 7. | Training of professional manpower needed for Gugak and the Gugak cultural industry; |
| 7. | Other matters necessary for the promotion of Gugak and revitalization of the Gugak cultural industry. |
| (3) | The Minister of Culture, Sports and Tourism shall establish and implement an implementation plan (hereinafter referred to as "implementation plan") to promote Gugak and revitalize the Gugak cultural industry every year in accordance with the basic plan. |
| (4) | 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 heads of relevant central administrative agencies and local governments, or related institutions, corporations, and organizations; and the person who has received the request shall comply therewith, unless there is good cause. |
| Article 6 (Fact-finding survey) |
| (1) | The Minister of Culture, Sports and Tourism shall regularly conduct fact-finding surveys on Gugak and the Gugak industry in order to formulate and implement policies to promote Gugak and revitalize the Gugak industry, and shall publish the results thereof: provided, if the Minister of Culture, Sports and Tourism deems it necessary, he or she may conduct an ad hoc survey. |
| (2) | The Minister of Culture, Sports and Tourism may request cooperation from the heads of relevant central administrative agencies and local governments, or institutions, corporations, and organizations related to Gugak and the Gugak cultural industry, for the purpose of conducting a fact-finding survey under paragraph (1). In such cases, the person who has received the request shall comply with it unless there are special circumstances. |
| (3) | Necessary matters concerning the frequency, subjects, methods, etc. of fact-finding surveys under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 7 (Preservation and succession of traditional Gugak) |
| (1) | The State and local governments shall make efforts to preserve and succeed traditional Gugak. |
| (2) | The Minister of Culture, Sports and Tourism shall collect data and information on Gugak and systematically manage it for the preservation and succession of traditional Gugak. |
| Article 8 (Support for creation of Gugak) |
The Minister of Culture, Sports and Tourism may support various creative activities, such as convergence and connection between Gugak and contents in other fields.
| Article 9 (Revitalization of culture of enjoying Gugak) |
| (1) | The State and local governments shall endeavor to expand opportunities for citizens to enjoy Gugak in their daily lives. |
| (2) | The Minister of Culture, Sports and Tourism may provide support necessary for the development and dissemination of education programs for Gugak in order to provide the people with opportunities for education on Gugak. |
| Article 10 (Promotion of Gugak cultural industry) |
The Minister of Culture, Sports and Tourism may provide necessary support to create a foundation for fostering the Gugak cultural industry and strengthen its competitiveness.
| Article 11 (Training of professional manpower) |
| (1) | The State and local governments may support projects related to training of professional manpower to promote Gugak and the Gugak cultural industry. |
| (2) | In order to train professional manpower, the State and local governments may designate research institutes, universities, and other institutions as the training institutions for Gugak specialists (hereinafter referred to as "training institutions"), as prescribed by Presidential Decree, and provide subsidies to cover part or all of the expenses necessary for training. |
| (3) | If a person designated as a training institution falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may revoke the designation or order suspension of all or part of the business for a period of not more than 6 months: provided, if it falls under subparagraph 1, the designation shall be revoked: |
| 1. | If the entity has been designated by fraud or other improper means; |
| 2. | If the entity receives subsidies for expenses by fraud or other improper means or uses the subsidized expenses for any other purpose; |
| 3. | If the entity fails to meet the requirements for designation; |
| 4. | If the entity fails to provide professional training programs for 1 year or longer without good cause. |
| (4) | Necessary matters such as the standards and procedures for designation of training institutions under paragraph (2), procedures for the revocation of designation and suspension of business under paragraph (3) shall be determined by Presidential Decree. |
| Article 12 (Revitalization of International Exchange and Overseas Expansion) |
The Minister of Culture, Sports and Tourism may provide support to promote international exchange and overseas expansion in order to promote Gugak and the Gugak cultural industry.
| Article 13 (Promotion and Support of Organizations Related to Gugak) |
| (1) | The Minister of Culture, Sports and Tourism may foster and support organizations related to Gugak in order to promote Gugak. |
| (2) | The Minister of Culture, Sports and Tourism may support the expenses necessary to facilitate the implementation of business of the organizations related to Gugak. |
In order to promote Gugak, revitalize the Gugak cultural industry, and increase public interest in Gugak, the Gugak day shall be designated by Presidential Decree.
| Article 15 (National Gugak Center) |
| (1) | The Minister of Culture, Sports and Tourism shall establish the National Gugak Center under his or her jurisdiction as an organization responsible for preserving and succeeding Gugak and managing affairs related to its dissemination and development. |
| (2) | The National Gugak Center shall perform the following business affairs: |
| 1. | Research and policy study on Gugak; |
| 2. | Education on Gugak and development of educational materials; |
| 3. | Domestic and international exchange and cooperation for Gugak; |
| 4. | Collection, provision, exhibition and management of Gugak materials; |
| 5. | Production and domestic and international distribution of performance by the National Gugak Center; |
| 6. | Operation of the affiliated performance groups of the National Gugak Center; |
| 7. | Other matters necessary for promoting Gugak. |
| (3) | The Minister of Culture, Sports and Tourism may establish local Gugak centers under the National Gugak Center in order to promote the balanced preservation, succession, dissemination, development and enjoyment of Gugak. |
| (4) | Matters necessary for the organization structure and operation, etc. necessary for performing business affairs under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 16 (Designation of Support Agency) |
| (1) | The Minister of Culture, Sports and Tourism may designate a support agency (hereinafter referred to as a "support agency") to efficiently carry out projects and activities for the promotion and development of Gugak and the Gugak cultural industry. |
| (2) | Support agencies shall perform the following tasks: |
| 1. | Support for creative activities related to Gugak and the Gugak cultural industry; |
| 2. | Support for popularization of Gugak and the Gugak cultural industry; |
| 3. | Support for international cooperation and overseas expansion related to Gugak and the Gugak cultural industry; |
| 4. | Other projects necessary to achieve the purpose of designation of the support agency. |
| (3) | If a support agency 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. | If it has difficulty continuously performing its business affairs due to any other substantial reasons related to public interests. |
| (4) | The State may support expenses necessary for the operation of support agencies within the budget. |
| (5) | Other necessary matters such as the standards and procedures for designation and operation of the support agencies and revocation of designation shall be prescribed by Presidential Decree. |
| Article 17 (Gugak Broadcasting) |
| (1) | To promote the popularization of Gugak through broadcasting, to revitalize the Gugak cultural industry, and to implement projects for the promotion of Gugak and the Gugak cultural industry, the Gugak Broadcasting shall be established. |
| (2) | Gugak Broadcasting shall be a corporation. |
| (3) | Gugak Broadcasting shall conduct the following business projects: |
| 1. | Production and operation of Gugak programs; |
| 2. | Creation, education, research and popularization of Gugak; |
| 3. | Exchange of and support for domestic and foreign Gugak programs; |
| 4. | Other projects for the dissemination and promotion of Gugak Broadcasting. |
| (4) | Gugak Broadcasting shall have executive officers and necessary staff as prescribed by its articles of association. |
| (5) | The State may support expenses necessary to facilitate the operation of Gugak Broadcasting. |
| (6) | Except as provided in this Act, the provisions of the Civil Act regarding incorporated foundations shall apply mutatis mutandis to Gugak Broadcasting. |
| Article 18 (Reporting and Inspection) |
| (1) | If deemed necessary for the promotion of Gugak and the Gugak cultural industry, the Minister of Culture, Sports and Tourism may require the support agencies and Gugak Broadcasting to report or submit documents on their business affairs, accounting, and property, and may take necessary measures, such as having affiliated public officials conduct on-site inspections or document examinations. |
| (2) | Public officials conducting on-site inspections or document examinations pursuant to paragraph (1) shall carry identification indicating their authority and present it to the relevant parties. |
| Article 19 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Culture, Sports, and Tourism may delegate part of the authority bestowed under this Act to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governor, as prescribed by Presidential Decree. |
| (2) | The Minister of Culture, Sports and Tourism may entrust part of the business affairs under this Act to a support agency or related institution, corporation or organization, as prescribed by Presidential Decree. |
ADDENDA <Act No. 19567, Jul. 25, 2023>
Article 1 (Enforcement Date)
This Act shall enter into 1 year after the date of its promulgation.
Article 2 (Transitional Measures concerning Incorporation of Gugak Broadcasting)
| (2) | All the business affairs, rights, obligations, and assets of the Foundation Gugak Broadcasting shall be comprehensively succeeded by the New Gugak Broadcasting established pursuant to Article 17 (hereinafter referred to as "New Gugak Broadcasting") upon its establishment. |
| (3) | The value of the property to be succeeded by the New Gugak Broadcasting shall be based on their book value as of the day preceding the date of succession. |
| (4) | The name of the Foundation Gugak Broadcasting as recorded in the registry or other official documents at the time of the incorporation of the New Gugak Broadcasting shall be deemed to be the name of the New Gugak Broadcasting. |
| (5) | Acts performed by or against the Foundation Gugak Broadcasting prior to the establishment of the New Gugak Broadcasting shall be deemed as acts performed by or against the New Gugak Broadcasting. |
| (6) | The employees of the Foundation Gugak Broadcasting as at the time of establishment of the New Gugak Broadcasting become the employees of the New Gugak Broadcasting. |