SPECIAL ACT ON ASSISTANCE IN DEVELOPMENT OF LOCAL NEWSPAPERS
Act No. 7206, Mar. 22, 2004
Amended by Act No. 7367, Jan. 27, 2005
Act No. 7418, Mar. 24, 2005
Act No. 8852, Feb. 29, 2008
Act No. 10368, jun. 10, 2010
Act No. 11904, Jul. 16, 2013
Act No. 12805, Oct. 15, 2014
Act No. 13975, Feb. 3, 2016
Act No. 15169, Dec. 12, 2017
Act No. 15713, Jul. 17, 2018
Act No. 18749, Jan. 11, 2022
The purpose of this Act is to contribute to diversification of public opinion, realization of democracy, and balanced development of communities, by laying a foundation for the sound development of local newspapers.
[This Article Wholly Amended on Jul. 16, 2013]
The term "local newspaper" in this Act means a newspaper defined in subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers mainly circulated in some areas of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province, or a Si/Gun/autonomous Gu. [This Article Wholly Amended on Jul. 16, 2013]
| Article 3 (Guarantee of Autonomy of Local Newspapers) |
The State and local governments shall guarantee that local newspapers enjoy freedom of newsgathering and reporting and shall respect their autonomy.
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and each local government shall formulate policies necessary for the sound development of local newspapers. |
| (2) | The State and each local government may take legislative, fiscal, and financial measures necessary to implement policies to nurture and support local newspapers. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 5 (Responsibilities of Local Newspapers) |
Local newspapers shall report accurately and impartially and gather various opinions as a forum in the community.
| Article 6 (Formulation of Plans for Assistance in Developing Local Newspapers) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate and implement a plan for assistance in developing local newspapers every three years after seeking the opinions of the Committee for Local Press |
under Article 7, in order to develop local newspapers and strengthen infrastructure for newspaper industry. <Amended on Dec. 12, 2017> | (2) | A plan for assistance in developing local newspapers shall include the following: |
| 1. | Promoting freedom of the press and guaranteeing the autonomy of local newspapers; |
| 2. | Basic direction-setting for assistance in developing local newspapers; |
| 3. | Mid- to long-term and annual assistance plans for developing local newspapers; |
| 4. | Matters on assisting in creating infrastructure for improving the circulation structure of local newspapers; |
| 5. | Matters on assisting in surveys, research, technology development, education, and training of human resources for developing local newspapers. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary to formulate and implement a plan for assistance in developing local newspapers shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 7 (Establishment of Committee for Local Press) |
A Committee for Local Press (hereinafter referred to as the "Committee") shall be established under the Ministry of Culture, Sports and Tourism in order to assist the development of local newspapers. <Amended on Feb 29, 2008>
| Article 8 (Composition of Committee) |
| (1) | The Committee shall be comprised of up to nine members, including one chairperson and one vice chairperson. |
| (2) | Members shall be commissioned by the Minister of Culture, Sports and Tourism, from among persons with extensive expertise and experience and of high standing, in connection with the development of local communities and with local newspapers; and shall include the following persons: <Amended on Feb. 3, 2016; Jul. 17, 2018; Jan. 11, 2022> |
| 1. | Three persons recommended by the chairperson of the Culture, Sports and Tourism Committee of the National Assembly in consultation with the executive secretary of each negotiating party; |
| 2. | One person separately recommended by the Korean Association of Newspapers, the Journalists Association of Korea, and the Korean Society for Journalism & Communication Studies; |
| 3. | Two persons for whom three years have passed since they retired after having held offices in a local newspaper for at least 10 years. |
| (3) | The chairperson shall be elected from among and by the members, and the vice chairperson shall be commissioned by the chairperson following a decision by the Committee. |
| (4) | Each member shall hold office for a term of three years and may be appointed consecutively for further terms. |
| (5) | When any vacancy occurs in the membership of the Committee, a new member shall be commissioned to fill the vacancy pursuant to paragraph (2) or (3) within 30 days after the date the vacancy arises. In such cases, the term of office of the newly commissioned member shall be the remainder of the term of office of the vacant membership. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 9 (Duties of Committee) |
| (1) | The Committee shall perform the following duties: <Amended on Dec. 12, 2017> |
| 1. | Presentation of opinions regarding the establishment of a plan for assistance in developing local newspapers; |
| 2. | Evaluation of major policies concerning assistance in developing local newspapers; |
| 3. | Deliberation on a master plan for raising and operating the Local Newspapers Development Fund under Article 13; |
| 4. | Deliberation on the selection of eligible recipients of the Local Newspapers Development Fund under Article 13 and the criteria for the subsidization; |
| 5. | Deliberation and inspection on eligible recipients of the Local Newspapers Development Fund under Article 13; |
| 6. | Education, research, and surveys for the development of local newspapers; |
| 7. | Cooperation and coordination in performing tasks for developing local newspapers; |
| 8. | Other matters determined by the Minister of Culture, Sports and Tourism or matters necessary to achieve the objectives of the Committee. |
| (2) | The Committee may establish and operate subcommittees to manage affairs for each field, if necessary. |
| (3) | A budget necessary to operate the Committee may be subsidized from the national treasury. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 10 (Treatment of Members) |
The office of members of the Committee shall be honorary: Provided, That the actual expenses, such as expenses incurred in performing duties, may be paid within the budget.
[This Article Wholly Amended on Jul. 16, 2013]
| Article 10-2 (Grounds for Disqualification for Membership) |
None of the following persons is qualified as a member:
| 2. | A party member under the Political Parties Act or a person for whom two years have not passed since he or she lost his or her party membership; |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 11 (Meetings of Committee) |
| (1) | Meetings of the Committee shall be convened by the chairperson: Provided, That upon request for a meeting made by a majority of incumbent members, the chairperson shall convene a meeting of the Committee, without delay. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | Meetings of the Committee shall be open to the public: Provided, That the foregoing shall not apply where the Committee makes a decision to keep a meeting confidential, which it deems particularly necessary. |
| (4) | The Committee shall prepare meeting minutes, as prescribed by its internal regulations. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 12 (Cooperation in Submission of Data) |
| (1) | Where necessary to perform its duties under Article 9 (1), the Committee may request relevant administrative agencies, local governments, or other related organizations to submit data or may entrust research to such entities. |
| (2) | Except as provided in Articles 8 through 10, 10-2, and 11 and in paragraph (1), matters necessary for the organization and operation, etc. of the Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 13 (Establishment of Fund and Fund-Raising) |
| (1) | A Local Newspapers Development Fund (hereinafter referred to as the "Fund") shall be established to develop and assist local newspapers. |
| (2) | The Fund shall be created from the following financial resources: |
| 1. | Contributions from the Government; |
| 2. | Money transferred from other funds; |
| 3. | Donations from individuals or corporations; |
| 4. | Profits accruing from the operation of the Fund; |
| 5. | Other revenues prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 14 (Management and Operation of Fund) |
| (1) | The Fund shall be managed and operated by the Minister of Culture, Sports and Tourism. |
| (2) | The Minister of Culture, Sports and Tourism may entrust affairs of managing and operating the Fund to a press-related corporation or organization, as prescribed by Presidential Decree. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for management and operation, etc. of the Fund shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jul. 16, 2013]
The Fund shall be used for the following projects:
| 1. | Assistance in improving the management conditions of local newspapers; |
| 2. | Assistance in improving the circulation structure of local newspapers; |
| 3. | Fostering of human resources, education, surveys, and research for the development of local newspapers; |
| 4. | Assistance in informatization of local newspapers; |
| 5. | Other projects prescribed by Presidential Decree, which are necessary to strengthen competitiveness of local newspapers and boost public interest. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 16 (Subsidization from Fund) |
| (1) | Pursuant to Article 15, the Minister of Culture, Sports and Tourism may provide a subsidy to a local newspaper meeting all of the following requirements: |
| 1. | Where a local newspaper continues to normally publish for at least one year as at the time of selecting eligible recipients; |
| 2. | Where the proportion of advertisements do not exceed 1/2 of the total space of a local newspaper; |
| 3. | Where a local newspaper has joined the Korea Audit Bureau of Certification; |
| 4. | Where the controlling stockholder, publisher, or editor of a local newspaper has not been sentenced to imprisonment without labor or heavier punishment for matters prescribed by Presidential Decree in relation to the operation, etc. of local newspapers. |
| (2) | A local newspaper which intends to receive a subsidy from the Fund pursuant to paragraph (1) shall submit the management performance and financial status of the preceding year and other matters prescribed by Presidential Decree, to the Minister of Culture, Sports and Tourism. |
| (3) | The Minister of Culture, Sports and Tourism may give priority to providing a subsidy from the Fund to local newspapers that meet the requirements prescribed by Presidential Decree, such as securing editorial autonomy and financial soundness, from among local newspapers eligible for the Fund under paragraph (1). |
| (4) | The Minister of Culture, Sports and Tourism may formulate different guidelines varying on the publication cycle of eligible recipient local newspapers and may provide assistance accordingly. |
| (5) | A local newspaper that has received a subsidy from the Fund shall not use the subsidy for purposes other than the designated purpose. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 17 (Publication and Report on Results) |
| (1) | The Minister of Culture, Sports and Tourism shall evaluate and supervise projects subsidized by the Fund and publish the results thereof. |
| (2) | A person who has received a subsidy from the Fund shall submit a report on the results of the subsidized project to the Minister of Culture, Sports and Tourism within three months after the completion date of the project. |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 18 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
[This Article Wholly Amended on Jul. 16, 2013]
| Article 19 (Delegation and Entrustment of Authority) |
The Minister of Culture, Sports and Tourism may delegate part of his or her authority under this Act, to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor or may entrust such authority to a press-related corporation or organization, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 16, 2013]
| Article 20 (Penalty Provisions) |
| (1) | A person who has received a subsidy from the Fund by fraud or other improper means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Oct. 15, 2014> |
| (2) | A person who uses a subsidy from the Fund for a purpose other than the designated purpose in violation of Article 16 (5) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Oct. 15, 2014> |
| (3) | The Minister of Culture, Sports and Tourism shall fully recover a subsidy provided from its recipient where the recipient is declared guilty by the final and conclusive judgment under paragraph (1) or (2), and shall not provide a subsidy from the Fund to such person for five years from the date the final and conclusive judgment is rendered. <Amended on Jan. 11, 2022> |
| (4) | Where the Minister of Culture, Sports and Tourism recovers a subsidy pursuant to paragraph (3), such recovery shall be made in the same manner as national taxes are collected. |
[This Article Wholly Amended on Jul. 16, 2013]
ADDENDA <Act No. 7206, Mar. 22, 2004>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | Deleted. <Jan. 11, 2022> |
ADDENDA <Act No. 7367, Jan. 27, 2005>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures Relating to Grounds for Disqualification for Membership) The amended provisions of Article 10-2 shall begin to apply to members commissioned after this Act enters into force. |
ADDENDA <Act No. 7418, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Time for Formulating Draft Plan for Fund Operation for 2005 by Local Newspapers Development Fund)
| (1) | The Minister of Culture and Tourism shall formulate a draft plan for fund operation for 2005 after deliberation by the Committee for Local Press without delay after this Act enters into force and shall submit it to the Minister of Planning and Budget. |
| (2) | The Minister of Planning and Budget shall submit the draft plan for fund operation for 2005 formulated pursuant to paragraph (1) to the National Assembly within 30 days after this Act enters into force. In such cases, notwithstanding the provisions of the Framework Act on Fund Management, the draft plan for fund operation shall be deemed to have been deliberated on and finalized. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10368, Jun. 10, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11904, Jul. 16, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12805, Oct. 15, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13975, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Organization of Committee for Local Press)
The amended provisions of Article 8 (2) 3 shall begin to apply to the first case where a Committee for Local Press is newly organized after the terms of office of members of the Committee for Local Press organized under the previous provisions (hereinafter referred to as the "previous Committee") expire as at the time this Act enters into force: Provided, That the amended provisions shall apply where a member of the previous Committee (excluding where a member is commissioned pursuant to Article 8 (2) 1 or 2) is commissioned due to a vacancy.
ADDENDUM <Act No. 15169, Dec. 12, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15713, Jul. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 18749, Jan. 11, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Organization of Committee for Local Press)
The amended provisions of Article 8 (2) 3 shall begin to apply to a case where a Committee for Local Press is newly organized after the terms of office of members of the Committee for Local Press organized under the previous provisions (hereinafter referred to as the "previous Committee") expire as at the time this Act enters into force: Provided, That the amended provisions shall apply where a member of the previous Committee (excluding where a member is commissioned pursuant to Article 8 (2) 1 or 2) is commissioned due to a vacancy. Article 3 (Applicability to Exclusion from Subsidy from Fund)
The amended provisions of Article 20 (3) shall begin to apply to a final and conclusive judgment made on a violation committed on or after the date this Act enters into force.