Enforcement Decree Of The Publishing Industry Promotion Act


Published: 2011-03-30

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Publishing Industry Promotion Act and matters necessary for its enforcement.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 2 Deleted.<by Presidential Decree No. 20473, Dec. 28, 2007>   print
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 Article 3 (Records of Publications)   print
"Records prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Publishing Industry Promotion Act (hereinafter referred to as the "Act") means the following details: <Amended by Presidential Decree No. 22783, Mar. 30, 2011>
1. Publishing company;
2. ISBN/ISSN (International Standard Book Number/International Stan- dard Serial Number) under Article 21 of the Libraries Act: Provided, That in cases of electronic publications, it may be substituted by the content identification system under Article 23 of the Content Industry Promotion Act.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 4 (Support, etc. for International Exchanges)   print
(1) Those entitled to support for activation of international exchanges under Article 6 of the Act shall be as follows:
1. Opening of and participation in international exhibitions related to domestic and foreign publishing;
2. International meetings or events related to publishing;
3. Overseas marketing of publications;
4. Publishing versions of domestic publications;
5. Other promotions of international exchanges of publishing culture.
(2) For business entitled to support under paragraph (1), the Minister of Culture, Sports and Tourism may support all or part of business costs within budget limits.
(3) Where necessary for selecting those entitled to support under paragraph (1), the Minister of Culture, Sports and Tourism may listen to the opinions of related specialists.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 5 (Indication of ISBN/ISSN)   print
Article 14 (3) of the Enforcement Decree of the Library Act shall govern the detailed matters related to methods, etc. of indicating ISBN/ISSN under Article 7 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 6 (Support, etc. for Modernization of Facilities and Distribution)   print
(1) Those entitled to support for modernizing facilities and distribution of the publishing company under Article 7 (3) of the Act shall be as follows:
1. Project related to the informatization of distribution of publications;
2. Project to improve the facilities related to the logistics of publications;
3. Project related to the improvement of logistics functions of book stores;
4. Other projects to lay the foundation for the publishing and the distribution of publications.
(2) For the business subject to support under paragraph (1), the Minister of Culture, Sports and Tourism may fully or partially subsidize costs incurred in carrying out business within budget limits.
(3) Where necessary for selecting those entitled to support under paragraph (1), the Minister of Culture, Sports and Tourism may listen to the opinions of related specialists.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 7 (Those Required to Obtain Conditional Recommendation for Import)   print
Foreign publications required to obtain conditional recommendation for import under Article 12 (1) of the Act shall be as follows:
1. Publications imported for the first time;
2. Publications published or written by the publishing company or the author who has published or written the publications determined to be publications harmful to juveniles or harmful publications.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 8 (Submission of Samples of Foreign Publications)   print
Any person in receipt of an order to submit a sample of a foreign publication under Article 13 (1) of the Act shall submit the said sample to the Minister of Culture, Sports and Tourism prior to the distribution of the publication.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 9 (Criteria and Methods for Suspension of Distribution, etc.)   print
(1) With regard to foreign publications determined to be the harmful publications under Article 19 (1) of the Act, the Minister of Culture, Sports and Tourism shall issue an order suspending the distribution thereof under Article 14 of the Act.
(2) With regard to foreign publications determined to be publications harmful to juveniles under Article 19 (2) of the Act, the Minister of Culture, Sports and Tourism shall issue an order restricting the distribution thereof under Article 14 of the Act.
(3) With regard to foreign publications from among publications harmful to juveniles or harmful publications, which cease to be harmful if the harmful portions are deleted, the Minister of Culture, Sports and Tourism may issue an order deleting the relevant portions thereof under Article 14 of the Act.
(4) Methods for the suspension or restriction of the distribution or deletion of certain contents under Article 14 of the Act shall be as follows:
1. Suspension of distribution:
To have the foreign publications, applying for an import recommendation, carried out overseas once again, abandoned, or stored at a specific place, and to issue an order to submit a document capable of attesting it;
2. Restriction of distribution:
To issue an order to indicate, pack, prohibit any sale, or to divide and isolate under Article 14, 15, 17 or 18 of the Juvenile Protection Act;
3. Deletion of certain contents:
To issue an order to delete the harmful portions from among the contents of relevant foreign publications.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 10 (Chairperson, etc. of Korea Publication Ethics Commission)   print
(1) The chairperson of the Korea Publication Ethics Commission under Article 16 of the Act (hereinafter referred to as the "Commission") shall represent the Commission and exercise overall control of its affairs.
(2) If the chairperson is unable to perform his/her duties due to inevitable reasons, the vice chairperson shall act on his/her behalf, and if both the chairperson and vice chairperson are unable to perform their duties, the members under the order of seniority shall act on their behalf.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 11 (Recommendation of Members of Commission)   print
Where the Minister of Culture, Sports and Tourism commissions members of the Commission under Article 17 (3) of the Act, those juristic persons or organizations eligible to recommend as the members of the Commission shall be as follows:
1. The National Academy of Arts under the National Academy of Arts of the Republic of Korea Act;
2. The Korean Bar Association under the Attorney-at-Law Act and other agencies, organizations and associations related to laws;
3. Agencies, organizations and associations related to the press;
4. Agencies, organizations and associations related to foreign studies or foreign languages;
5. Organizations and associations related to the production or criticism of periodicals;
6. Organizations and associations related to the creation, production, distribution and criticism of a class of books (including comics);
7. Organizations and associations related to education;
8. Organizations and associations related to juveniles, females, religions and consumers, which perform fosterage and protection projects for juveniles;
9. Academies and specialized institutes related to the screening of publications;
10. Organizations and associations under which the autonomous screening system of publications is established;
11. Other agencies, organizations and associations related to culture and the arts, such as visuals and advertisements.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 12 (Scope of Publications subject to Deliberation)   print
"Publications prescribed by Presidential Decree" in subparagraph 1 of Article 18 of the Act means publications listed in the following subparagraphs: <Amended by Presidential Decree No. 22076, Mar. 15, 2010>
1. Electronic publications under subparagraph 4 of Article 2 of the Act;
2. Publications requested for deliberation by the Minister of Culture, Sports and Tourism or the Ministry of Gender Equality and Family;
3. Publications selected by the Commission;
4. Publications referred by the agencies, organizations or 30 or more persons related to juvenile protection with their signatures to verify whether such publications are harmful to juveniles.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 13 (Detailed Criteria for Deliberation on Harmfulness)   print
Detailed criteria for deliberation on the harmfulness of publications under Article 19 (4) of the Act shall be specified in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 14 (Composition, Operation, etc. of Specialized Deliberation Committees by Field)   print
(1) Specialized deliberation committees by field under Article 20 (1) of the Act shall be comprised of not more than ten members commissioned by the chairperson of the Commission after obtaining consent of the Commission, from among the members of the Commission and the specialists in relevant fields.
(2) The chairpersons of the specialized deliberation committees by field shall be commissioned by the chairperson of the Commission from among the members of the Commission.
(3) The term of office of the members of the specialized deliberation committees by field shall be one year.
(4) The specialized deliberation committees by field shall deliberate on the matters delegated by the Commission as stipulated by the Commission Regulations.
(5) A secretariat shall be placed in the Commission in order to deal with the affairs of the Commission.
(6) Detailed matters for the composition and operation of the Commission, specialized deliberation committees by field, and secretariat shall be stipulated by the Commission Regulations.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 14-2 (Criteria and Procedures, etc. for Selecting Recipients of Support for Translation and Publication)   print
(1) The criteria for selecting the recipients of support in Article 20-2 (4) of the Act shall be as follows:
1. Korean literary works and publications of high artistic and cultural value;
2. Korean literary works and publications, the artistic and cultural value of which are internationally recognized;
3. Where a Korean literary work and other publication have a similar value, the Korean literary work shall be selected;
4. Other matters deemed necessary to be supported and determined by the President of the Korea Literature Translation Institute.
(2) The President of the Korea Literature Translation Institute shall establish a support plan for the translation and publication of Korean literary works and publications, shall receive applications from those who intend to recommend the recipients of support for translation and publication according to the plan and shall make public notice of the results of the selection on the Internet homepage.
(3) In order to select the receipients of support pursuant to paragraph (2), the Korea Literature Translation Institute shall have a committee for selection of recipients of support for translation and publication (hereafter referred to as the "selection committee" in this Article), and the selection committee shall be comprised of not more than ten relevant experts in literature, publication, translation, etc. who are commissioned by the President of the Korea Literature Translation Institute.
(4) Besides the matters prescribed in paragraphs (2) and (3), detailed procedures for selecting the recipients of support for translation and publication and matters necessary for the organization, operation, etc. of the selection committee shall be determined by the President of the Korea Literature Translation Institute.
[This Article Newly Inserted by Presidential Decree No. 22208, Jun. 15, 2010]
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 Article 14-3 (Approval for Business Plan, etc. and Submission of Business Records, etc.)   print
(1) The Korea Literature Translation Institute shall establish and prepare a business plan and budget for the following year prior to the commencement of the following year, and submit them to the Minister of Culture, Sports and Tourism for approval.
(2) When intending to change a business plan and budget which are approved pursuant to paragraph (1), the approval for the change shall be obtained from the Minister of Culture, Sports and Tourism.
(3) The Korea Literature Translation Institute shall submit business records, statement of settlement of accounts and balance sheet to the Minister of Culture, Sports and Tourism by the last day of February of the following year after the termination of each year.
[This Article Newly Inserted by Presidential Decree No. 22208, Jun. 15, 2010]
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 Article 15 (Indication of Fixed Prices of Publications, etc.)   print
(1) Publishing companies shall indicate fixed prices on the covers of publications as referred to in Article 22 (1) of the Act.
(2) "Publishing date" in Article 22 (3) 1 of the Act means the date of first printing of each edition: Provided, That when classifying each edition, cases of re-printing resulted from minor changes, such as correction of errors and omissions shall be excluded. <Amended by Presidential Decree No. 22208, Jun. 15, 2010>
(3) "Libraries" in Article 22 (3) 2 of the Act means libraries under subparagraph 1 of Article 2 of the Libraries Act and small libraries under subparagraph 4 (a) of the same Article, and "social welfare facilities" means social welfare corporations under subparagraph 2 of Article 2 of the Social Welfare Services Act and social welfare facilities under subparagraph 3 of the same Article.
(4) "Publications prescribed by Presidential Decree" in Article 22 (3) 4 of the Act mean the publications falling under one of the following subparagraphs:
1. Publications to be sold to libraries or data rooms of State agencies, local governments, and other public organizations prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;
2. Publications to be sold to military units, correctional institutions, and other protection facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;
3. Publications to be published in foreign countries;
4. Second-hand publications to be resold, which have been sold to end users;
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 16 (Request for Cooperation to Collection or Abolition of Illegally Reproduced Publications, etc.)   print
"Juristic persons or organizations prescribed by Presidential Decree" in Article 25 (5) of the Act means the Commission and the copyright trust management business-person who has obtained permission from the Minister of Culture, Sports and Tourism under Article 105 (1) of the Copyright Act.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 17 (Delegation or Entrustment of Authority)   print
(1) The Minister of Culture, Sports and Tourism shall, under Article 26 of the Act, delegate to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") his/her authority over the imposition and collection of the fines for negligence under the following subparagraphs: <Amended by Presidential Decree No. 22208, Jun. 15, 2010>
1. Fines for negligence under Article 28 (1) 5 of the Act;
2. Of the fines for negligence under Article 28 (1) 6 of the Act, the fines for negligence imposed on persons committing prohibited acts in violation of Article 23 (1) 3 of the Act;
3. Of the fines for negligence under Article 28 (1) 6 of the Act, the fines for negligence imposed on persons failing to fulfill the order of Mayor/Do Governor regarding the circulation referred to in Article 23 (2) of the Act.
(2) The Minister of Culture, Sports and Tourism shall, under Article 26 of the Act, entrust to the Commission his/her duties listed in the following subparagraphs:
1. Duties concerning recommendations for import of foreign publications under Articles 12 (1) and 14 (1) of the Act;
2. Duties concerning referral for deliberation on harmfulness of foreign publications and notification of determination on harmfulness, under Article 12 (3) of the Act;
3. Duties concerning the submission of samples of foreign publications under Article 13 (1) of the Act, and the return of foreign publications and compensation therefor under Article 13 (2) of the Act;
4. Duties concerning the order of the suspension or restriction of distribution of foreign publications, or deletion of certain contents thereof under Article 14 (1) of the Act;
5. Duties concerning notices of opinions on the inquired matters under Article 15 (3) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21769, Oct. 7, 2009]
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 Article 18 (Criteria for Imposition of Fines for Negligence)   print
The criteria for imposing fines for negligence under Article 28 (1) of the Act shall be as specified in attached Table2.
[This Article Wholly Amended by Presidential Decree No. 22783, Mar. 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 27, 2003.
Article 2 (Repeal, etc. of other Acts and Subordinate Statutes)
(2) Omitted.
Article 3 (Relationship with other Acts and Subordinate Statutes)
In cases where the previous Enforcement Decree of the Registration of Publishing Companies and Printing Offices Act or the Enforcement Decree of the Import and Distribution of Foreign Publications Act or their provisions are cited in other Acts and subordinate statutes at the time this Decree enters into force, if any corresponding provisions exist thereto in this Decree, this Decree or the corresponding provisions in this Decree shall be deemed to have been cited in lieu of the previous provisions.
ADDENDUM<Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 18811, Apr. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 19431, Mar. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2006.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 19963, Mar. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 5, 2007.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 20473, Dec. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2008: Provided, That the amended provisions of Article 15 (2) and subparagraph 6 of attached Table 2 shall enter into force on the date of its promulgation.
Article 2 (Relationship with other Acts and Subordinate Statutes)
In cases where the former Enforcement Decree of Publication and Printing Promotion Act or its provisions are cited in other Acts and subordinate statutes at the time this Decree enters into force, if any corresponding provisions exists in this Decree, this Decree or the corresponding provisions in this Decree shall be deemed to have been cited, in lieu of previous provisions.
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.
ADDENDUM<Presidential Decree No. 21769, Oct. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010.
Articles 2 through 3 Omitted.
ADDENDA<Presidential Decree No. 22208, Jun. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 18, 2010.
Articles 2 (Applicability)
The amended provisions of Article 15 (2) shall apply, starting from the first publication printed after this Decree enters into force.
Article 3 Omitted.
ADDENDA<Presidential Decree No. 22783, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Fines for Negligence)
(1) When applying the criteria for imposing fines for negligence on offences committed before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of attached Table 2.
(2) A disposition of imposition of a fine for negligence for an offense committed before this Decree enters into force shall not be counted in the number of offences under the amended provisions of attached Table 2.