Enforcement Decree Of The Music Industry Promotion Act


Published: 2010-12-10

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for the matters delegated by the Music Industry Promotion Act and other matters necessary for the enforcement thereof.
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 Article 2 (Extent of Support for Development of Outstanding Music Products and Startup Businesses)   print
(1) Persons eligible for support under Article 4 (1) of the Music Industry Promotion Act (hereinafter referred to as the "Act") shall be those who start up any of the following businesses: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. A startup business for creation of music, including writing lyrics and composing or arranging music;
2. A startup business for distribution, exportation, and importation of music records, music files, music video products, or music video files (hereinafter referred to as "music records or the like");
3. A startup business for planning and production of music performances and music records or the like;
4. A startup educational institution related to the music industry;
5. A startup business for manufacturing musical instruments or sound equipment; and
6. Other startup businesses specified by Ordinance of the Ministry of Culture, Sports and Tourism among those related to the music industry.
(2) Persons eligible for support under Article 4 (2) of the Act shall be the persons who create music products falling under any of the following subparagraphs and persons who produce music records or music video products: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. A music product developed with objective of submitting it to an international fair, presentation session, or exhibition;
2. A music product developed with the objective of exporting it; and
3. Other music products specified by Ordinance of the Ministry of Culture, Sports and Tourism as those with high added value from a cultural or economic aspect.
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 Article 3 (Procedure for Selection of Persons Eligible for Support for Startup Business or Outstanding Music Products)   print
(1) The Minister of Culture, Sports and Tourism shall, when he/she intends to select persons eligible for support under Article 4 (1) and (2) of the Act, such as new business starters and persons who have developed an outstanding music product, refer such cases to the support examination committee, organized with competent experts, for deliberation. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) Matters concerning the organization and operation of the support examination committee under paragraph (1) and other relevant matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 4 (Designation of Institution Responsible for Management of Data and Information on Music Industry)   print
(1) The Minister of Culture, Sports and Tourism shall designate an institution responsible for the management of data and information on the music industry pursuant to Article 5 (2) of the Act from among the following institutions: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Korea Culture and Content Agency under Articled 31 of the Framework Act on the Promotion of Cultural Industries (hereinafter referred to as the "Culture and Content Agency"); and
2. Other institutions and organizations established for the promotion and development of the music industry.
(2) The Minister of Culture, Sports and Tourism shall, when he/she intends to designate an institution or organization under paragraph (1) 2 as the institution responsible for the management of data and information related to the music industry, select an institution or organization that has shown good business performance in the music industry. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 5 (Education of Karaoke Machine Business Operators)   print
(1) The educational course for karaoke machine business operators under Article 11 of the Act shall be three hours per year.
(2) The head of any Si/Gun/Gu (Gu means an autonomous Gu; the same shall apply hereinafter) may, if a karaoke machine business operator has difficulty in attending the education course due to an unavoidable cause or event, allow the person who is responsible for the management of the business establishment among his/her employees to attend the educational course on the business operator's behalf.
(3) Further details for the method of conducting educational courses under paragraphs (1) and (2) and other necessary matters concerning such educational courses shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 6 (Specialized Institution or Organization for Protection of Intellectual Property of Music Records or the Like)   print
(1) When the Minister of Culture, Sports and Tourism intends to designate a specialized institution or organization pursuant to Article 14 (3) of the Act, he/she shall select it, from among the following institutions or organizations: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21634, Jul. 22, 2009>
1. The Culture and Content Agency;
2. The Korea Copyright Commission under Article 112 of the Copyright Act;
3. Other specialized institutions or organizations related to the music industry.
(2) When the Minister of Culture, Sports and Tourism intends to designate a specialized institution or organization pursuant to paragraph (1) 3, he/she shall select an institution or organization that has outstanding technology in music recording or any other related area or that has shown good business performance in educational or public relations activities for intellectual property. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 7 (Exception to Reporting of Music Record/Music-Video Production Business)   print
The term "other cases specified by Presidential Decree" in Article 16 (1) 6 of the Act means cases where a music record or the like is produced for any purpose other than for distribution or provision it to a large number of people for listening or viewing.
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 Article 8 (Limitation on Hours of Access for Juveniles)   print
(1) The term "hours for access prescribed by Presidential Decree" in the main text of Article 22 (1) 2 of the Act means from nine o’clock in the morning until ten o’clock in the evening.
(2) The term "other cases specified by Presidential Decree" in the proviso to Article 22 (1) 2 of the Act means cases where a juvenile is accompanied by any of his/her adult relatives, a teaching staff member under the Elementary and Secondary Education Act, or any similar person who is in a position to shaparone the juvenile.
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 Article 9 (Obligations of Karaoke Machine Business Operators)   print
The obligations that each karaoke machine business operator owes under Article 22 (1) 6 of the Act are as provided for in annexed Table 1.
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 Article 10 (Main Facilities and Equipment in Business Succession)   print
The term "main facilities and equipment specified by Presidential Decree" in Article 23 (2) of the Act refers to the following things:
1. For a music record/music-video production business: Equipment for production of music records or music video products;
2. For an online music service business: Domain name, information processing system, such as computers in which data and information relevant to the business are stored, electronic recording medium, or host servers; and
3. For a karaoke machine business: Accompaniment devices.
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 Article 11 (Descriptions included on Labels on Music Records, etc. and Labeling Method)   print
(1) A person who produces, imports, or reproduces music records, etc. shall include descriptions on labels in accordance with Article 25 (1) of the Act as follows:
1. Trade name, title, and date of production (or date of import or reproduction for the ones imported or reproduced);
2. Rating under Article 17 of the Act (limited to music video products and music video files).
(2) The labeling methods for the descriptions under paragraph (1) are as follows: <Amended by Presidential Decree No. 22521, Dec. 10, 2010>
1. Music records: The descriptions under paragraph (1) 1 shall be stated on the cover or package;
2. Music files: The descriptions under paragraph (1) 1 shall be recorded in an electronic format. In such cases, if a content producer under Article 2 (1) 4 of the Content Industry Promotion Act produces, imports, or reproduces music files, he/she shall state those descriptions in the manner provided for in Article 33 of the Enforcement Decree of the Content Industry Promotion Act;
3. Music video products: The descriptions under paragraph (1) 1 and 2 shall be stated in the manner provided for in Article 27 (1) and (2) of the Enforcement Decree of the Promotion of the Motion Pictures and Video Products Act;
4. Music video files: The descriptions under paragraph (1) 1 shall be stated, and the descriptions under paragraph (1) 2 shall be also stated in the manner provided for in attached Table 3 of the Enforcement Decree of the Promotion of the Motion Pictures and Video Products Act. In such cases, if a content producer under Article 2 (1) 4 of the Content Industry Promotion Act produces, imports, or reproduces music files, he/she shall state those descriptions in the manner provided for in Article 33 of the Enforcement Decree of the Content Industry Promotion Act.
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 Article 12 (Guidelines for Determination of Amounts of Penalty Surcharges)   print
(1) The amount of a penalty surcharge imposed pursuant to Article 28 of the Act shall be 50,000 won for each day of business suspension. In such cases, the amount of a penalty surcharge for one month during which business operation is suspended shall be based on 30 days.
(2) The head of any Si/Gun/Gu may aggravate or abate the amount of a penalty surcharge by not more than one half of the amount under paragraph (1), taking into consideration the degree, frequency, motives for, and consequences of the relevant offense: Provided, That the amount of a penalty surcharge, after being aggravated, may not exceed 30 million won.
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 Article 13 (Imposition and Payment of Penalty Surcharges)   print
(1) The head of any Si/Gun/Gu shall, when he/she intends to impose a penalty surcharge pursuant to Article 28 (1) of the Act, issue a notice in writing to demand the payment thereof, clearly stating the facts relevant to the offense, the amount of the penalty surcharge, and other relevant matters.
(2) Any person who receives a notice under paragraph (1) shall pay the penalty surcharge to the receiving institution designated by the competent head of Si/Gun/Gu within 20 days: Provided, That any person who is unable to pay the penalty surcharge by the deadline prescribed above due to a natural disaster or any other unavoidable cause or event shall pay it within seven days from the day on which such cause or event ceases to exist.
(3) The receiving institution shall, when it receives payment of a penalty surcharge under paragraph (2), issue a receipt to the payer.
(4) The institution designated for receiving payment of penalty surcharges shall, whenever it receives the payment of a penalty surcharge in accordance with paragraph (2), notify the competent head of Si/Gun/Gu of such receipt without delay.
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 Article 14 (Plans for Management of Penalty Surcharges)   print
The head of any Si/Gun/Gu shall establish a plan for the management of penalty surcharges for the following year under Article 28 (2) of the Act by no later than October 31 of each year.
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 Article 15 (Exception to Notification of Measure to Close Down)   print
The term "reason specified by Presidential Decree to take an urgent measure" in the proviso to Article 29 (2) of the Act means the reason under Article 21 (4) 1 of the Administrative Procedures Act.
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 Article 16 (Entrustment of Authority)   print
(1) Pursuant to Article 32 (2) of the Act, the Minister of Culture, Sports and Tourism shall entrust the business affairs for cultivating specialized human resources under Article 6 (1) of the Act to the Culture and Content Agency, an institution specializing in cultivating specialized human resources for cultural industries under Article 16 of the Framework Act on the Promotion of Cultural Industries, or an association or organization established pursuant to Article 32 of the Civil Act with the objective of promoting the music industry. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) Pursuant to Article 32 (2) of the Act, the head of any Si/Gun/Gu may entrust his/her authority for conducting educational courses for karaoke machine business operators under Article 11 of the Act to an association or organization established pursuant to Article 32 of the Civil Act with the objective of promoting the music industry.
(3) The head of any Si/Gun/Gu shall, when he/she entrusts his/her authority for conducting educational courses for karaoke machine business operators pursuant to paragraph (2), issue public notice of his/her entrustment of authority.
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 Article 17 (Procedure for Imposition and Collection of Fines for Negligence)   print
(1) The Special Metropolitan City Mayor, any Metropolitan City Mayor or Do governor, or the head of each Si/Gun/Gu (hereinafter referred to as "imposing authority") shall, whenever he/she intends to impose a fine for negligence pursuant to Article 36 (1) or (2) of the Act, investigate and corroborate the facts relevant to the offense and issue the person, on whom the fine for negligence is to be imposed, a notice in writing to demand the payment of the fine for negligence, clearly stating the facts relevant to the offense, the amount of the fine for negligence, and other relevant facts.
(2) The imposing authority shall, when he/she intends to impose a fine for negligence pursuant to paragraph (1), provide the person, on whom the fine for negligence is to be imposed, with an opportunity to make a statement on his/her case, orally or in writing, within a deadline of not less than ten days. In such cases, it shall be deemed that the person has no objection if he/she fails to make a statement within the prescribed deadline.
(3) The amount of a fine for negligence for each category of offense is as prescribed in annexed Table 2: Provided, That the imposing authority may aggravate or abate the fine for negligence by not more than one half of the prescribed amount, taking into consideration the degree, frequency, motives for and consequences of the relevant offense and other relevant facts.
(4) The procedure for the collection of fines for negligence shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on October 29, 2006.
(2) (Applicability to Labeling of Music Files and Music Video Files) Article 11 shall apply to the music files and music video files produced, imported, or reproduced on or after the enforcement date of this Decree.
(3) (Transitional Measure Concerning Reporting of Music Record/Music Video Production Businesses) Each person who runs a business of planning and production of music records in accordance with Article 9 of the former Enforcement Decree of the former Sound Records, Video Products, and Game Software Act as of the enforcement date of this Decree shall file a report on his/her music record production business in accordance with Article 16 (1) of the Act and Article 7 of this Decree within one year from the enforcement date of this Decree.
(4) Omitted.
(5) (Relations to Other Acts and Subordinate Statutes) A citation of the former Enforcement Decree of the Sound Records, Video Products, and Game Software Act or a provision thereof by any other Act or subordinate statute in force at the time when this Decree enters into force shall be deemed a citation of this Decree or the corresponding provision hereof in lieu of the former provision, if such corresponding provision exists herein.
ADDENDA<Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 21634, Jul. 22, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 23, 2009. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 22521, Dec. 10, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 11, 2010.
Articles 2 and 3 Omitted.