CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to constructing regional characteristics of and diversity in regional broadcasting, realizing democracy, and developing balance among communities, by laying a foundation for the sound development of regional broadcasting.
| (1) | The definitions of terms used in this Act shall be as follows: |
| 1. | The term "regional broadcasting" means terrestrial broadcasting aimed at a region as a target area for broadcasting other than a Special Metropolitan City, or a target area for broadcasting other than an area combined with part of the Special Metropolitan City and a region other than the Special Metropolitan City; |
| 2. | The term "regional broadcasting business operator" means a terrestrial broadcasting business operator who provides regional broadcasting services. |
| (2) | In addition to paragraph (1), the definitions of terms used in this Act shall be as prescribed by the Broadcasting Act. |
| Article 3 (Guarantee of Autonomy of Regional Broadcasting) |
The State and local governments shall guarantee the freedom of regional broadcasting to gather, report, and produce news, and respect its autonomy to organize broadcasting programming.
| Article 4 (Responsibility of State and Local Governments) |
| (1) | The State and each local government shall formulate necessary policies for the sound development of regional broadcasting. |
| (2) | The State and each local government may take legislative, fiscal, and financial measures necessary to implement policies to nurture and support regional broadcasting. |
| Article 5 (Responsibility of Regional Broadcasters) |
Regional broadcasters shall endeavor to realize the autonomy of local governments; to revitalize regional economy; to integrate regional communities; and to transmit and promote regional culture, by accurately and impartially reporting and gather diverse opinions as in places of public opinions in regional communities.
| Article 6 (Relations to Other Acts) |
This Act shall prevail over other Acts regarding assistance in developing regional broadcasting.
CHAPTER II PLANS FOR ASSISTANCE IN DEVELOPING REGIONAL BROADCASTING
| Article 7 (Formulation of Plans for Assistance in Developing Regional Broadcasting) |
| (1) | The Korea Communications Commission shall formulate and implement a plan for assistance in developing regional broadcasting every three years to develop regional broadcasting and to strengthen infrastructure for broadcasting industry. |
| (2) | A plan for assistance in developing regional broadcasting shall include the following: |
| 1. | Promoting freedom of the press and guaranteeing the autonomy of regional broadcasting; |
| 2. | Basic direction-setting for assistance in developing regional broadcasting; |
| 3. | Mid- and long-term plans, and yearly assistance plans for developing regional broadcasting; |
| 4. | Matters concerning securing and distributing funds to assist in developing regional broadcasting; |
| 5. | Matters concerning assisting in creating infrastructure to improve management of regional broadcasting; |
| 6. | Matters concerning assisting in research, study, technical development, education, and human resources training to develope regional broadcasting; |
| 7. | Matters concerning a plan for improving an advertising system of regional broadcasting, and a plan for improving regulation related to advertising, programming, and sponsorship thereof; |
| 8. | Matters concerning heightening the competitiveness of regional broadcasting programming and revitalizing the distribution thereof in Korean and overseas markets; |
| 9. | Matters concerning evaluation, analysis, and statistics to strengthen the competitiveness of regional broadcasting. |
| (3) | In addition to matters provided for in paragraph (2), necessary matters to formulate and implement a plan for assistance in developing regional broadcasting, shall be prescribed by Presidential Decree. |
| (5) | No regional broadcasting business operator granted assistance from the Broadcasting Communications Development Fund shall use the Broadcasting Communications Development Fund for other than the purposes designated as at the time such operator filed an application for such fund. |
| (6) | The Korea Communications Commission may restrict assistance from the Broadcasting Communications Development Fund in any of the following cases. Criteria, etc. for imposing restrictions on assistance from the Broadcasting Communications Development Fund shall be prescribed by the publication of the Korea Communications Commission: |
| 1. | Where regional broadcasting is less likely to realize the public responsibility, impartiality, and public interest; |
| 3. | Where regional broadcasting fails to reach a certain level of the index of regional characteristics evaluated by the Korea Communications Commission. |
| (7) | When formulating a plan for assistance in developing regional broadcasting, the Chairperson of the Korea Communications Commission may gather consensus of the heads of related central administrative agencies, and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") in advance. |
| (8) | A plan for assistance in developing regional broadcasting shall be deliberated by the Regional Broadcasting Development Committee under Article 9. In such cases, the Chairperson of the Korea Communications Commission shall inform the heads of related central administrative agencies and Mayors/Do Governors of the plan for assistance in developing regional broadcasting. |
| Article 8 (Subsidization of Budget to Organizations Related to Regional Broadcasting) |
The Korea Communications Commission may subsidize a necessary budget to an association, etc., related to regional broadcasting, to effectively conduct a plan for assistance in developing regional broadcasting.
CHAPTER III REGIONAL BROADCASTING DEVELOPMENT COMMITTEE
| Article 9 (Establishment of the Regional Broadcasting Development Committee) |
The Regional Broadcasting Development Committee (hereinafter referred to as the "Committee") shall be established under the Korea Communications Commission to assist in developing regional broadcasting; strengthening the competitiveness of regional broadcasting content; and improving the distribution structure, etc.
| Article 10 (Composition of the Committee) |
| (1) | The Committee shall be comprised of up to nine members including one chairperson and one vice chairperson. |
| (2) | The Chairperson of the Korea Communications Commission shall appoint one person as the chairperson of the Committee from among standing commissioners of the Korea Communications Commission; and the chairperson of the Committee shall appoint one person as the vice chairperson of the Committee from among its members, after obtaining consent from the Committee |
| (3) | The Chairperson of the Korea Communications Commission shall appoint members, excluding the chairperson, of the Committee from among persons who have substantial expertise and experience in regional broadcasting and have good standing, but include the following persons: |
| 1. | Two persons recommended by the Speaker of the National Assembly of the Republic of Korea in consultation with each representative for each negotiation body; |
| 2. | One standing commissioner of the Korea Communications Commission; |
| 3. | One person recommended by each organization designated by the Chairperson of the Korea Communications Commission among the organizations related to regional broadcasting. |
| (4) | The members of the Committee shall serve a term of three years, but they may serve a second consecutive term only once. |
| (5) | Where a vacancy arises in the term of the chairperson, the vice chairperson or any member of the Committee, the Chairperson of the Korea Communications Commission shall appoint a member to fill the vacancy pursuant to paragraphs (2) and (3) within 30 days from the date the vacancy arises. The person who fills the vacancy shall serve the unexpired term of his/her predecessor. |
| (6) | Other necessary matters concerning the organization, operation, etc. of the Committee, shall be prescribed by Presidential Decree. |
| Article 11 (Duties, etc. of the Committee) |
| (1) | The Committee shall perform the following duties: |
| 1. | Deliberating on and evaluating a plan for assistance in developing regional broadcasting and major assistance policy for regional broadcasting; |
| 2. | Evaluating policy to lay a foundation for nationwide distribution of regional broadcasting; |
| 3. | Education, study, and research for the development of regional broadcasting; |
| 4. | Correlating consensus of regional broadcasting business operators and related organizations, and preparation of a plan to improve a regional broadcasting system; |
| 5. | Discovering projects which require assistance from the Broadcasting Communications Development Fund; |
| 6. | Gathering necessary data to grant and renew a license for regional broadcasting; |
| 7. | Other necessary matters to achieve the objectives of the Committee. |
| (2) | Where necessary, the Committee may establish and operate subcommittees to manage affairs for each field. |
| (3) | The Committee may utilize experts for operating the Committee. |
| (4) | The Government may subsidize a necessary budget from the national treasury to operate the Committee. |
| Article 12 (Treatment of Members of the Committee) |
The members of the Committee may be paid actual expenses, including expenses incurred in performing duties, within budgetary limits.
| Article 13 (Grounds for Disqualification of Members of the Committee) |
None of the following persons shall become a member of the Committee:
| 1. | Executives and employees of a broadcasting business operator as provided for by the Broadcasting Act; |
| Article 14 (Meetings, etc.) |
| (1) | The chairperson of the Committee shall convene meetings of the Committee: Provided, That where members of the Committee request the chairperson to convene meetings with the consent of a majority of incumbent members, the chairperson shall convene meetings of the Committee, without delay. |
| (2) | The Committee shall pass resolutions by a majority of incumbent members of the Committee and upon the affirmative votes of a majority of the members of the Committee present at its meeting. |
| (3) | Meetings of the Committee shall be open to the public: Provided, That the foregoing shall not apply where a resolution is passed to keep a meeting confidential, passed by the Committee. |
| (4) | The Committee shall prepare meeting minutes, as prescribed by bylaws. |
| Article 15 (Cooperation in Submission of Data) |
| (1) | Where necessary to perform duties under Article 11, the Committee may request related administrative agencies, local governments, broadcasting business operators, and other related organizations to submit data. |
| (2) | Related administrative agencies, local governments, broadcasting business operators, and other related organizations requested to submit data pursuant to paragraph (1), shall comply with such request, except in extenuating circumstance. |
| Article 16 (Hearing Opinions) |
| (1) | Where deemed necessary to perform duties under Article 11, the Regional Broadcasting Development Committee may hear opinions of relevant broadcasting business operators and relevant experts. |
| (2) | Where the Regional Broadcasting Development Committee hears opinions of relevant persons, the Committee may pay to such persons actual expenses, including travel expenses, within budgetary limits. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 17 (Delegation or Entrustment of Authority) |
The Chairperson of the Korea Communications Commission may delegate part of his/her authority bestowed under this Act, to Mayors/Do Governors or entrust part of his/her authority bestowed under this Act, to a corporation or organization related to the press, as prescribed by Presidential Decree.
| Article 18 (Legal Fiction as Public Officials When Penal Provisions Are Applied) |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Term of Office of Members of the Regional Broadcasting Development Committee)
Article 10 (4) shall begin to apply to newly appointed members of the Regional Broadcasting Development Committee, when this Act enters into force on. The existing members commissioned for the Regional Broadcasting Development Committee pursuant to Article 42-3 of the Broadcasting Act, as at the time this Act enters into force on, shall serve their remaining terms of office. Article 3 (Transitional Measures concerning the Regional Broadcasting Development Committee, Its Members, etc.)
The Regional Broadcasting Development Committee established pursuant to Article 42 of the Broadcasting Act as at the time this Act enters into force and its members, shall be deemed the Regional Broadcasting Development Committee and its members under Article 9. Article 4 Omitted.