CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to establish a foundation for the sustainable development of Hallyu (the Korean Wave) by prescribing matters necessary to support and foster the Hallyu industry and related industries, thereby contributing the enhancement of national competitiveness and the advancement of the national economy.
| Article 2 (Fundamental concepts) |
The fundamental concepts of this Act are to recognize the impact of Hallyu on enhancing the national brand value and promoting the development of global culture, to establish an ecosystem that enables the continuous growth of the Hallyu industry and related business (hereinafter referred to as "the Hallyu industry, etc."), and to ensure the harmonious realization of the principles of universality, openness, and diversity inherent in Hallyu.
The terms used in this Act are defined as follows:
| 1. | The term "Hallyu" means the phenomenon in which Korean culture spreads widely abroad, leading to the consumption of cultural products or related goods; |
| 2. | The term "Hallyu industry" means the industry that produces, distributes, or provides related services to promote the widespread dissemination or consumption abroad of cultural products defined in subparagraph 2 of Article 2 of the Framework Act on the Promotion of Cultural Industries; |
| 3. | The term "Hallyu-related industry" means the industry that produces or distributes products related to Hallyu that are prescribed by Presidential Decree, or provides related services, so that such products are widely disseminated or consumed overseas; |
| 4. | The term "Hallyu business entity" means a person who engages in economic activities related to the Hallyu industry or Hallyu-related industry. |
| Article 4 (Responsibilities of the State) |
| (1) | The State shall formulate and implement policies necessary to promote the Hallyu industry, etc. |
| (2) | Local governments shall formulate and promote regional policies to establish a foundation for the Hallyu industry, etc., taking into consideration the national policies under paragraph (1) and regional characteristics. |
| (3) | The State and local governments shall endeavor to secure necessary financial resources to implement the policies under paragraphs (1) and (2). |
| Article 5 (Relationship to other statutes) |
Except as provided in any other Act, the promotion of the Hallyu industry, etc. shall be governed by this Act.
CHAPTER 2 FORMULATION AND IMPLEMENTATION OF MASTER PLAN
| Article 6 (Formulation of mid- to long-term master plans for promotion of the Hallyu industry, etc.) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate and implement a mid- and long-term master plan for the promotion of the Hallyu industry, etc. (hereinafter referred to as "master plan") every 5 years, including the following matters, with the aim of laying the foundation for the Hallyu industry, etc. and support the sustainable development thereof: |
| 1. | Basic direction of policies for the promotion of the Hallyu industry, etc.; |
| 2. | Matters related to the improvement of the statutes and regulations and the systems related to the Hallyu industry, etc.; |
| 3. | Matters related to the establishment of a foundation for the promotion of the Hallyu industry, etc.; |
| 4. | Matters related to sector-specific support policies for the Hallyu industry, etc.; |
| 5. | Other matters deemed necessary for the promotion of the Hallyu industry, etc. |
| (2) | Where the Minister of Culture, Sports and Tourism intends to formulate and implement a master plan, he or she shall consult with the heads of relevant administrative agencies. |
| (3) | If necessary for the formulation and implementation of the master plan, the Minister of Culture, Sports and Tourism may request necessary cooperation from the heads of relevant central administrative agencies, the heads of local governments, public institutions, research institutes, universities, private enterprises and organizations. In such cases, a person upon receipt of the request shall comply therewith unless there is a compelling reason not to do so. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the formulation of the master plan, etc. shall be prescribed by Presidential Decree. |
| Article 7 (Formulation of implementation plans for promotion of the Hallyu industry, etc.) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate and implement an implementation plan for the promotion of the Hallyu industry, etc. (hereinafter referred to as "implementation plan") every year in accordance with the master plan. |
| (2) | When the Minister of Culture, Sports and Tourism intends to formulate an implementation plan, he or she shall consult with the heads of relevant central administrative agencies. |
| (3) | Where the Minister of Culture, Sports and Tourism deems it necessary for the comprehensive and systematic promotion of the Hallyu industry, etc., the Minister may request the heads of relevant central administrative agencies to submit sector-specific implementation plans. In such cases, a person in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the formulation, etc. of implementation plans shall be prescribed by Presidential Decree. |
| Article 8 (Fact-finding survey) |
| (1) | The Minister of Culture, Sports and Tourism shall conduct fact-finding surveys on Hallyu and the Hallyu industry, etc. every year and publish the results thereof. |
| (2) | The Minister of Culture, Sports and Tourism may request the heads of relevant central administrative agencies, the heads of local governments, relevant institutions or organizations, etc. to provide cooperation for fact-finding surveys. In such cases, a person in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | Matters necessary for the timing, subject matters, methods, etc., of fact-finding survey under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 9 (Annual report) |
| (1) | The Minister of Culture, Sports and Tourism shall prepare a report on the performance results, etc. of a master plan and an implementation plan (hereinafter referred to as "annual report") and submit it to the National Assembly before the opening of the regular session of the National Assembly each year. |
| (2) | Matters necessary for the preparation procedures and methods of annual reports shall be prescribed by Presidential Decree. |
CHAPTER 3 SUPPORT FOR PROMOTION OF THE HALLYU INDUSTRIES, ETC.
| Article 10 (Training of professional human resources) |
| (1) | The State and local governments may support projects related to the training of specialized human resources in related fields to promote the Hallyu industry, etc. |
| (2) | The State shall make necessary efforts, such as the establishment of a cooperative system with relevant administrative agencies, universities, etc., in order to train specialized human resources in each field of the Hallyu industry. |
| (3) | Matters necessary for the support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 11 (Promotion of research and development) |
The State and local governments may give priority to the following research and development projects to promote the Hallyu industry, etc.:
| 1. | Survey on domestic and international technology trends and demand related to the Hallyu industry, etc.; |
| 2. | Research and study on trends in overseas content markets and for the overseas expansion of the Hallyu industry, etc.; |
| 3. | Survey and research for establishing a cooperative system and information exchange network related to exports of the Hallyu industry, etc.; |
| 4. | Other matters necessary for the promotion of the Hallyu industry, etc. |
| Article 12 (Establishment and operation of Hallyu industry information system) |
| (1) | The Minister of Culture, Sports and Tourism may establish and operate the Hallyu industry information system to enable Hallyu business entities, etc. to quickly grasp domestic and international trends related to the Hallyu industry, etc. |
| (2) | The Hallyu industry information system under paragraph (1) shall be established including the following information: |
| 1. | Data related to the fact-finding survey under Article 8; |
| 2. | Data related to the annual report under Article 9; |
| 3. | Results of research and development projects related to the Hallyu industry, etc.; |
| 4. | Results of market trend survey on the Hallyu industry, etc. by overseas region; |
| 5. | Data on domestic and international legal systems and regulatory policies necessary for overseas expansion of the Hallyu industry, etc.; |
| 6. | Other data necessary for the promotion of the Hallyu industry, etc. such as information deemed necessary based on the collection of opinions from those engaged in the Hallyu industry, etc. |
| (3) | Specific details regarding the establishment and operation of the Hallyu industry information system under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 13 (Support for international exchange and overseas expansion of Hallyu business entities) |
| (1) | The Minister of Culture, Sports and Tourism may promote the following projects to support international exchange and overseas expansion of Hallyu business entities: |
| 1. | Support for overseas marketing and promotional activities of Hallyu business entities; |
| 2. | Providing information, education, consulting and commercialization support for overseas expansion of Hallyu business entities; |
| 3. | Attracting foreign investment related to the Hallyu industry, etc.; |
| 4. | Support for participation in international events by Hallyu business entities and domestic attraction; |
| 5. | Planning and operating international events related to the Hallyu industry, etc.; |
| 6. | Establishing a cooperative network between Hallyu business entities and domestic and foreign export-related institutions; |
| 7. | Construction, operation, and provision of services for overseas facilities and spaces for overseas expansion of Hallyu business entities; |
| 8. | Other projects necessary for international exchange and overseas expansion of Hallyu business entities. |
| (2) | The Minister of Culture, Sports and Tourism may request cooperation from the heads of relevant central administrative agencies, the heads of overseas diplomatic missions, and the heads of public institutions located overseas, etc. in order to efficiently support the projects under each subparagraph of paragraph (1). In such cases, a person in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| Article 14 (Protection of intellectual property rights related to the Hallyu industry, etc.) |
| (1) | The State and local governments shall devise policies to protect intellectual property rights related to the Hallyu industry, etc. home and abroad, by appropriately responding to the diversification of methods of utilizing Hallyu in light of changes in social and economic conditions. |
| (2) | The Minister of Culture, Sports and Tourism may support the registration and application of intellectual property rights in overseas markets for the protection of intellectual property rights related to the Hallyu industry, etc. and provide administrative and financial support under the Copyright Act for the settlement of disputes over intellectual property rights. |
| (3) | Hallyu business entities shall take necessary measures to prevent infringement on intellectual property rights of others. |
| (4) | In order to protect intellectual property rights of the Hallyu industry, etc., the Minister of Culture, Sports and Tourism may request cooperation from the heads of relevant central administrative agencies regarding the improvement of related systems and rationalization of operation and others. In such cases, a person in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| Article 15 (Support and promotion of private organizations) |
The State and local governments may support and foster private organizations that carry out related activities to promote the Hallyu industry, etc.
| Article 16 (Invigoration of start-ups in the Hallyu industry, etc.) |
| (1) | The Minister of Culture, Sports and Tourism may provide support necessary for facilitating business start-ups related to the Hallyu industry, etc. and for the growth and development of business starters. |
| (2) | Necessary matters related to the subjects, methods, procedures, etc. of support for business start-up under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Investment support for Hallyu business entities) |
| (1) | The Minister of Culture, Sports and Tourism may facilitate investments by companies and prepare policies for mutually beneficial cooperation between Hallyu business entities that are large companies and small and medium enterprises to strengthen the competitiveness of Hallyu business entities. |
| (2) | The Minister of Culture, Sports and Tourism may provide support by utilizing the fund of funds for venture investment under Article 70 of the Venture Investment Promotion Act in consultation with the Minister of SMEs and Startups to strengthen the competitiveness of Hallyu business entities. |
| (3) | Specific details necessary for investment support to strengthen the competitiveness of Hallyu business entities shall be prescribed by Presidential Decree. |
| Article 18 (Designation of dedicated agency) |
| (1) | The Minister of Culture, Sports and Tourism may designate and operate an institution, corporation, or organization prescribed by Presidential Decree as an agency exclusively in charge of promotion of the Hallyu industry (hereinafter referred to as "dedicated agency") in order to provide specialized support for international exchanges and overseas expansion of Hallyu business entities promoted under Article 13. In such cases, the Minister of Culture, Sports and Tourism may fully or partially provide subsidies to cover expenses incurred in performing the business affairs of the dedicated agency. |
| (2) | No current or former executive officer or employee of the dedicated agency shall divulge any confidential information learned in the course of his or her duties or use it for any other purpose. |
| (3) | Other matters necessary for the requirements and procedures for designation, and operation and business affairs of the dedicated agency shall be prescribed by Presidential Decree. |
| Article 19 (Revocation of designation of dedicated agency) |
| (1) | The Minister of Culture, Sports and Tourism may revoke the designation of a designated agency, which falls under any of the following subparagraphs; provided, he or she shall revoke such designation in cases specified in subparagraph 1: |
| 1. | In cases of being designated as a dedicated agency by fraud or other improper means; |
| 2. | In cases of failure to meet the requirements for designation of a dedicated agency under Article 18 (3). |
| (2) | Where the Minister of Culture, Sports and Tourism intends to revoke the designation under paragraph (1), he or she shall hold hearings under the Administrative Procedures Act. |
| Article 20 (Support for spread of Hallyu utilizing local cultural resources) |
| (1) | Local governments may support Hallyu business entities by utilizing local cultural resources. |
| (2) | In order to create jobs in the fields related to the promotion of the Hallyu industry, etc., local governments may attract and preferentially support Hallyu business entities. |
| Article 21 (Establishment of association) |
| (1) | Hallyu business entities may establish an association with an approval of the Minister of Culture, Sports and Tourism to promote the healthy development of the Hallyu industry, etc. and the common interests of Hallyu business entities. |
| (2) | The association referred to in paragraph (1) shall be a non-profit corporation. |
| (3) | The association established under paragraph (1) shall endeavor to maintain sound order in content production and distribution. |
| (4) | Except as provided in paragraphs (1) through (3), detailed matters related to procedures for establishing an association, details of business affairs, etc. shall be prescribed by Presidential Decree. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
If the Minister of Culture, Sports and Tourism deems it necessary for the promotion of the Hallyu industry, etc., the Minister may require the association established under Article 21 (1) to report on matters related to its business affairs, accounting, and property, and direct its subordinate public officials to inspect them.
| Article 23 (Delegation and entrustment of authority) |
| (1) | The Minister of Culture, Sports and Tourism may partially delegate his or her authority bestowed under this Act to the heads of its affiliated institutions, etc. as prescribed by Presidential Decree. |
| (2) | The Minister of Culture, Sports and Tourism may entrust part of business affairs under this Act to a dedicated agency or other institutions, corporations, or organizations established for the purpose of promoting the Hallyu industry, etc., as prescribed by Presidential Decree. |
| Article 24 (Legal fiction as public officials for purposes of applying penalty provisions) |
CHAPTER V PENALTY PROVISIONS
| Article 25 (Administrative fines) |
| (1) | Any person who divulges confidential information learned in the course of performing his or her duties or uses it for any other purpose, in violation of Article 18 (2), shall be punished by an administrative fine not exceeding 10 million won. |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. |
ADDENDUM <Act No. 20501, Oct. 22, 2024>
This Act shall enter into force 6 months after the date of its promulgation.