CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to the cultural development of the nation and society, such as the efficient furnishing and circulation of materials to the whole society, narrowing of the gap in the access to and utilization of information, promotion of lifelong education, etc. by fostering libraries and by revitalizing their services through prescribing matters necessary for social responsibilities and role performance of libraries that guarantee people's right of access to information and people's right to know.
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows: <Amended by Act No. 9528, Mar, 25, 2009>
| 1. |
The term "library" refers to a facility which contributes to the utilization of information, investigation, research, study, culture, lifelong education, etc. by furnishing library materials to the public after collecting, organizing, analyzing, and preserving them; |
| 2. |
The term "library materials" refers to all materials (including online materials) in which information is accumulated for the purpose of transmitting knowledge and information resources, such as printed materials, manuscript materials, audio-visual materials, microfiche materials, electronic materials, special materials for the disabled, etc., and which a library collects, organizes and preserves; |
| 3. |
The term "library service" refers to any kind of material or immaterial service provided or rendered by a library by utilizing library materials and facilities, such as lending, perusal, and reference service, access to all kinds of facilities and information equipment, usage guidance and education to strengthen the ability to obtain materials and to understand information, support in the reading activities of the general public, etc.; |
| 4. |
The term "public library" refers to a library founded and operated by the State or a local government (hereinafter referred to as "governmental public library") for the utilization of information, cultural activities, reading activities and lifelong education of the public, or a library established and operated by a corporation (referring to a corporation established under the Civil Act or other Acts; hereinafter the same shall apply), an organization, or an individual (hereinafter referred to as "nongovernmental public library"). The following facilities shall be included in the scope of a public library: |
| (a) |
Small library which aims at providing the general public with knowledge, information and reading culture services within their living zone and which falls short of the standards for facilities and library materials of a governmental public library pursuant to Article 5; |
| (b) |
Library for the disabled which aims at providing library services to the disabled; |
| (c) |
Hospital library which aims at providing library services to the persons hospitalized in medical institutions or their guardians, etc.; |
| (d) |
Barrack library which aims at providing library services to the officers and soldiers in the barracks of military units of all the echelons in the Army, Navy, Air Force, etc.; |
| (e) |
Prison library which aims at providing library services to persons committed to jails; |
| (f) |
Children's library which aims at providing library services to children. |
| 5. |
The term "university library" refers to a library which aims at providing library services to professors, students and staff at a university or college pursuant to Article 2 of the Higher Education Act and at an educational institution of college course or higher established pursuant to the provisions of other Acts; |
| 7. |
The term "specialized library" refers to a library which aims at providing specialized library services in a specific field to the staff of the agency or organization that has established the library, or to the public; |
| 8. |
The term "presentation" refers that the person who has published or made library materials shall present a specified number of copies to the agencies prescribed in Acts and subordinate statutes; |
| 10. |
The term "online materials provider" refers to a person who publicly transmits online materials through an information communications network; |
| 11. |
The term "technical protective measure" means a technical measure taken by a holder of right or a person who has obtained the said holder's consent for the purpose of effectively preventing or controlling an infringement on rights protected under the Copyright Act, such as a copyright; |
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| Article 3 (Scope of Application) |
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This Act shall also apply to a facility recognized by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree, among information offices, information centers, data bureaus, data centers, cultural centers or facilities with a similar name and function. <Amended by Act No. 9528, Mar, 25, 2009>
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| Article 4 (Duties of State and Local Governments) |
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The State and local governments shall support the development of libraries and contrive plans necessary therefor so that citizens may have access to, and utilize, knowledge and information freely and without discrimination.
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| Article 5 (Facilities of Libraries and Library Materials) |
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| (1) |
Libraries shall be equipped with facilities and library materials suited to the preservation and arrangement of materials and to the users' convenience. <Amended by Act No. 9528, Mar, 25, 2009> |
| (2) |
The standards for facilities of libraries and library materials under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 9528, Mar, 25, 2009> |
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| Article 6 (Librarians, etc.) |
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| (1) |
Libraries shall employ librarians necessary for its operation and teacher-librarians and vocational teachers under Article 21 (2) of the Elementary and Secondary Education Act as prescribed by Presidential Decree and may employ computer personnel and other expert personnel necessary for its operation. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012> |
| (2) |
Matters necessary for the classification, qualification and training of librarians pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012> |
| (3) |
The State and local governments shall endeavor to enhance the ability of library workers to perform professional duties and provide them with opportunities to receive education accordingly. |
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| Article 7 (Utilization of Libraries and Provision of Services) |
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| (1) |
Libraries shall cooperate with each other in order to enhance business efficiency regarding the distribution, administration, utilization, etc. of library materials, and to mutually utilize knowledge and information. <Amended by Act No. 9528, Mar, 25, 2009> |
| (2) |
Libraries shall cooperate with various kinds of cultural facilities, such as museums, art galleries, cultural centers, cultural houses, etc., educational facilities, administrative agencies, relevant organizations and local communities to provide residents with diverse services. |
| (3) |
University libraries, school libraries, specialized libraries, etc. may allow the public to utilize their facilities and library materials to the extent that does not interfere with the performance of their purposes of establishment. <Amended by Act No. 9528, Mar, 25, 2009> |
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| Article 9 (Donation of Money, etc.) |
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| (1) |
In order to support the establishment and operation of a library and its facilities and materials, any person may donate money or other property to the library. <Amended by Act No. 9528, Mar. 25, 2009; Act No. 10558, Apr. 5, 2011> |
| (2) |
Notwithstanding the provisions of the Act on Collection and Use of Donations, a library established by the State or a local government may receive a donation under paragraph (1). <Newly Inserted by Act No. 10558, Apr. 5, 2011> |
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| Article 8 (Protection of Personal Information of Users) |
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In order to protect personal information of library users, libraries shall take measures on each of the following matters:
| 1. |
Matters regarding the enactment of provisions on the collection, adminstration, disclosure, etc. of user information; |
| 2. |
Matters regarding education of the library staff; |
| 3. |
Other matters recognized by the head of a library as necessary for the protection of personal information of users. |
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| Article 10 Deleted.<by Act No. 9528, Mar, 25, 2009> |
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| Article 11 (Relationship with other Acts) |
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Unless there exist special provisions in other Acts, the provisions of this Act shall apply to libraries.
CHAPTER II SYSTEM FOR FORMULATION AND PROMOTION OF LIBRARY POLICIES
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| Article 12 (Establishment of Library Information Policy Committee) |
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| (1) |
In order to formulate, deliberate on and coordinate important matters regarding library policies, a Library Information Policy Committee (hereinafter referred to as the "Library Committee") shall be established under the direct control of the President. |
| (2) |
The Library Committee shall formulate, deliberate on and coordinate each of the following matters: <Amended by Act No. 9528, Mar, 25, 2009> |
| 1. |
Matters regarding formulation of a comprehensive plan pursuant to Article 14; |
| 2. |
Matters regarding library systems; |
| 3. |
Matters regarding operating systems of national and local libraries; |
| 4. |
Matters regarding operational assessment of libraries; |
| 5. |
Matters regarding narrowing the gap in the access and use of libraries and library materials; |
| 6. |
Matters regarding training of library professionals; |
| 7. |
Other matters prescribed by Presidential Decree for library policies. |
| (3) |
In order to support clerical matters of the Library Committee, a Secretariate shall be established in the Committee and a planning body shall be set up in the Ministry of Culture, Sports and Tourism in order to perform the functions mentioned in paragraph (2). <Amended by Act No. 9528, Mar, 25, 2009> |
| (4) |
Matters necessary for the establishment, operation, etc. of the Secretariate and the planning body shall be prescribed by Presidential Decree. |
| (5) |
The chairperson may request the dispatch of public officials of the relevant administrative agencies or officers and employees of the relevant organizations where it is needed for the performance of business of the Secretariate and the planning body. In such cases, the head of the organization who has been requested shall comply therewith in the absence of extenuating circumstances. |
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| Article 13 (Organization of Library Committee) |
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| (1) |
The Library Committee shall consist of 30 or less members, including one chairperson and one vice-chairperson. |
| (2) |
The chairperson shall be appointed by the President, from among those who have considerable expertise and experience relating to libraries, and the Minister of Culture, Sports and Tourism shall serve as the vice-chairperson. <Amended by Act No. 10558, Apr. 5, 2011> |
| (3) |
The following persons shall serve as members: <Newly Inserted by Act No. 10558, Apr. 5, 2011; Act No. 11310, Feb. 17, 2012> |
| 1. |
The heads of relevant central administrative agencies prescribed by Presidential Decree and the heads of other agencies equivalent thereto; |
| 2. |
Persons appointed by the chairperson from among those with considerable expertise and experience in library or considerable expertise and experience in the promotion of knowledge and information of the people: Provided, That inaugural members shall be appointed by the vice-chairperson. |
| (4) |
The chairperson shall call and preside over a meeting of the Committee. <Amended by Act No. 10558, Apr. 5, 2011> |
| (5) |
If deemed necessary, the chairperson may have the vice-chairperson act on his/her behalf.<Amended by Act No. 10558, Apr. 5, 2011> |
| (6) |
The term of office for a member under paragraph (3) 2 shall be two years, which may be renewed only once.<Amended by Act No. 9528, 2009; Act no. 10558, Apr. 5, 2011> |
| (7) |
When a member is unable to perform his/her work due to an extenuating circumstance or a vacancy occurs, a new member shall be appointed without delay. In such cases, the term of office for a member filling the vacancy shall be the term of office for his/her predecessor. <Amended by Act No. 10558, Apr. 5, 2011> |
| (8) |
Matters necessary for the operation, etc. of the Library Committee shall be prescribed by Presidential Decree. <Amended by Act No. 10558, Apr. 5, 2011> |
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| Article 14 (Formulation of Comprehensive Library Development Plan) |
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| (1) |
The chairperson of the Library Committee shall formulate a comprehensive plan for the development of libraries every five years (hereinafter referred to as "comprehensive plan"). |
| (2) |
The comprehensive plan shall include the following: <Amended by Act No. 11310, Feb. 17, 2012> |
| 1. |
Matters regarding guidelines for library policies; |
| 2. |
Matters regarding the objective and method of promoting library policies: |
| (a) |
Matters regarding strengthening of the role of libraries; |
| (b) |
Matters regarding the improvement of environment of libraries; |
| (c) |
Matters regarding the promotion of library services to the knowledge and information poor pursuant to Article 43; |
| (d) |
Matters regarding the revitalization of a cooperation system between libraries; |
| (e) |
Other matters regarding important library policies; |
| 3. |
Matters regarding tasks to be promoted with emphasis and the cooperation of relevant Ministries, offices, etc. |
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| Article 15 (Formulation, etc. of Annual Execution Plan) |
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| (1) |
The head of a central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, a Do Governor and the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall formulate and promote an annual execution plan (hereinafter referred to as "execution plan") based on the comprehensive plan by not later than the end of every December. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012> |
| (2) |
A Mayor/Do Governor may consult with the superintendent of an office of education in the relevant area when establishing and implementing an execution plan. <Newly Inserted by Act No. 9528, Mar, 25, 2009> |
| (3) |
Matters necessary for the formulation and promotion of an execution plan shall be prescribed by Presidential Decree. |
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| Article 16 (Raising Funds) |
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| (1) |
The State and local governments shall secure funds necessary for the promotion of a comprehensive plan and an execution plan. |
| (2) |
All or part of the funds necessary for the development of libraries may be contributed or subsidized by the Culture and Arts Promotion Fund pursuant to Article 16 of the Culture and Arts Promotion Act. <Amended by Act No. 9528, Mar, 25, 2009> |
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| Article 17 (Establishment of Library-Related Association, etc.) |
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| (1) |
The Minister of Culture, Sports and Tourism may grant permission to establish a juristic person, such as a library-related association, (hereinafter referred to as "association, etc.") where it is necessary for the mutual exchange of library materials between libraries, study on business cooperation, operation and administration, mutual cooperation with related international organizations, promotion of library services, development of libraries, upgrading of the quality of staff and promotion of mutual benefits. <Amended by Act No. 9528, Mar, 25, 2009> |
| (2) |
The State may subsidize expenses incurred in operating the association, etc. pursuant to paragraph (1). <Amended by Act No. 9528, Mar, 25, 2009> |
| (3) |
Except as prescribed by this Act, the provisions on non-profit corporations of the Civil Act shall apply mutatis mutandis to the association, etc. |
CHAPTER III NATIONAL LIBRARY OF KOREA
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| Article 18 (Establishment, etc.) |
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| (1) |
The Minister of Culture, Sports and Tourism shall set up the National Library of Korea under his/her control as a library representing the State. <Amended by Act No. 9528, Mar, 25, 2009> |
| (2) |
Where it is necessary for the efficient business handling and balanced development of district libraries, the National Library of Korea may establish branch libraries for each district and field. |
| (3) |
Other matters necessary for the organization, operation, etc. of the National Library of Korea shall be prescribed by Presidential Decree. |
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| Article 19 (Duties) |
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| (1) |
The National Library of Korea shall perform each of the following duties: <Amended by Act No. 9528, Mar, 25, 2009> |
| 1. |
Execution of the related measures according to the comprehensive plan; |
| 2. |
Collection, provision, preservation and administration of domestic and foreign library materials; |
| 3. |
Preparation and standardization of national bibliographies; |
| 4. |
Construction of the national bibliographic information system through computerization; |
| 5. |
Guidance, assistance and cooperation to local libraries, such as the education and training of library staff; |
| 6. |
Exchange and cooperation with foreign libraries; |
| 7. |
Development, investigation and research of policies for the development of libraries; |
| 9. |
Other services necessary for executing functions as a representing library of the State. |
| (2) |
Necessary matters for the performance of duties under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 9528, Mar, 25, 2009> |
| (3) |
The National Library of Korea shall have a library institute (hereinafter referred to as the "institute") in order to perform its duties under paragraph (1) 7. |
| (4) |
The establishment, operation and duties of the institute shall be prescribed by Presidential Decree. |
| (5) |
The National Library of Korea shall cooperate with the National Assembly Library in order to efficiently perform its duties. |
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| Article 20 (Presentation of Library Materials) |
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| (1) |
When anyone has published or manufactured library materials (excluding online materials; hereafter the same shall apply in this Article), he/she shall present them to the National Library of Korea within 30 days from the date of publication or manufacturing. The same shall apply when he/she publishes or manufactures a revised and enlarged edition. <Amended by Act No. 9528, Mar, 25, 2009> |
| (2) |
The National Library of Korea may, if necessary to perform duties provided for in Article 45 (2) 3, request a person who has published or manufactured library materials to present them in a digital file format. A person in receipt of such request shall comply therewith unless any special ground exists to the contrary. <Amended by Act No. 9528, Mar, 25, 2009> |
| (3) |
The National Library of Korea shall issue a certificate of presentation without delay to the person who has presented library materials pursuant to paragraphs (1) and (2) and shall make a due compensation for the library materials, if all or any part of the presented library materials is for sale. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012> |
| (4) |
Matters necessary for the selection, kinds, form, and copies of library materials to be presented, and procedure for the presentation, compensation therefor, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 9528, Mar, 25, 2009> |
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| Article 20-2 (Collection of Online Materials) |
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| (1) |
The National Library of Korea shall select online materials highly worth preserving, from among those serviced in the Republic of Korea, and collect and preserve them. |
| (2) |
When the collection of online materials is restricted by a technical protective measure, etc., the National Library of Korea may request the relevant online materials provider to render cooperation. The online material provider in receipt of such request shall comply therewith unless any special ground exists to the contrary. |
| (3) |
A person who becomes aware of the fact that his/her personal information is included in the collected online materials may request the chief executive of the National Library of Korea to correct or delete such information, as prescribed by Presidential Decree. |
| (4) |
A person whose rights or interests are infringed due to a disposition or nonfeasance by the chief executive of the National Library of Korea, with respect to a request under paragraph (3), may apply for an administrative appeal as provided for in the Administrative Appeals Act or institute an administrative litigation as provided for in the Administrative Litigation Act. |
| (5) |
The National Library of Korea shall make a due compensation for library materials, if all or part of the library materials collected under paragraph (1) is for sale. |
| (6) |
Matters necessary for the selection, kinds and form of library materials to be collected, and procedure for the collection, compensation therefor, etc. shall be prescribed by Presidential Decree. |
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| Article 21 (International Standard Serial Number) |
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| (1) |
Any public agency, individual or organization that intends to publish a book or periodical shall receive an international standard serial number (hereinafter referred to as "serial number") from the National Library of Korea with respect to such book or periodical. |
| (2) |
In order to efficiently perform duties under paragraph (1), the National Library of Korea shall mutually cooperate with the relevant institutions, organizations, etc. specializing in publication, etc. |
| (3) |
Matters necessary for granting serial numbers shall be prescribed by Presidential Decree. |
CHAPTER IV LIBRARY REPRESENTING DISTRICT
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| Article 22 (Establishment, etc.) |
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| (1) |
The Special Metropolitan City, each Metropolitan City, Special Self-Governing City, Do, and Special Self-Governing Province (hereinafter referred to as "City/Do") shall operate a library representing the relevant district, either by designating or establishing it, in order to formulate and execute library policies for such district and to systematically support the relevant services. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012> |
| (2) |
Matters necessary for the formulation and operation of a library representing the district pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 9528, Mar, 25, 2009> |
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| Article 23 (Duties) |
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A library representing the district shall perform each of the following duties: <Amended by Act No. 9528, Mar, 25, 2009>
| 1. |
Comprehensive collection, arrangement, preservation, and provision of library materials for the relevant City/Do; |
| 2. |
Support to various libraries in the relevant district and execution of cooperative projects; |
| 3. |
Investigation and research of library duties; |
| 4. |
Support in the collection of district library materials and preservation of library materials transferred from other libraries; |
| 5. |
Support in the activities of library material collection and cooperative projects of libraries conducted by the National Library of Korea; |
| 6. |
Other duties necessary for a library representing the district. |
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| Article 24 (Establishment, etc. of Local Library Information Service Committee) |
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| (1) |
Each City/Do shall set up a local library information service committee (hereinafter referred to as "local library committee") in order to deliberate on important matters regarding the balanced development of libraries in the district under its jurisdiction and the narrowing of gap in knowledge and information. |
| (2) |
The local library committee shall deliberate on the following matters: |
| 1. |
Matters regarding the balanced development of local libraries; |
| 2. |
Matters regarding the local libraries' narrowing of gap in knowledge and information; |
| 3. |
Other matters recognized by the local library committee as necessary for local library policies. |
| (3) |
The local library committee shall consist of 15 members or less, including one chairperson and one vice-chairperson. |
| (4) |
The Mayor/Do Governor shall be the chairperson, the head of a library representing the district shall be the vice-chairperson, and members shall be appointed by the chairperson from among those with considerable expert knowledge and experience in library. |
| (5) |
The chairperson shall convene and preside over a meeting. |
| (6) |
The chairperson may, where necessary, have the vice-chairperson execute his/her duty as proxy. |
| (7) |
Matters necessary for the operation of a local library committee shall be stipulated by municipal ordinance of the relevant local government. |
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| Article 25 (Subsidization of Operating Expenses) |
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The State may partially subsidize project expenses for a City/Do which has set up a library representing the district for the effective operation of a cooperative system between libraries.
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| Article 26 (Presentation of Library Materials) |
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| (1) |
Where a local government has published or manufactured a material, it shall present the library material to the library representing the district under its jurisdiction within 30 days after the date of publication or manufacture. This shall apply when the local government publishes or manufactures a revised and enlarged edition. <Amended by Act No. 9528, Mar, 25, 2009> |
| (2) |
Matters necessary for the kinds and copies of library materials to be presented, and procedures for the presentation, etc. shall be prescribed by Presidential Decree. This shall apply when he/she publishes or manufactures a revised and enlarged edition. <Amended by Act No. 9528, Mar, 25, 2009> |
CHAPTER IV-2 PUBLIC LIBRARY
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| Article 27 (Establishment, etc.) |
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| (1) |
The State or local governments shall establish and foster governmental public libraries, as prescribed by Presidential Decree. <Amended by Act No. 9528, Mar, 25, 2009> |
| (2) |
Anyone may establish and operate a nongovernmental public library. <Amended by Act No. 9528, Mar, 25, 2009> |
| (3) |
A governmental public library established under paragraph (1) shall use the title "library". <Amended by Act No. 9528, Mar, 25, 2009> |
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| Article 28 (Duties) |
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A public library shall perform each of the following duties so that it may function as a center of information, culture and education: <Amended by Act No. 9528, Mar, 25, 2009>
| 1. |
Collection, arrangement, and preservation of library materials, and provision thereof for the use of the public; |
| 2. |
Provision of information needed by the public and provision of information needed for local administration; |
| 3. |
Formulation and execution of a plan for everyday reading practice; |
| 4. |
Sponsorship or encouragement of lectures, exhibitions, reading clubs, cultural activities and activities regarding lifelong education; |
| 5. |
Close cooperation and mutual borrowing and lending of library materials with other libraries; |
| 6. |
Establishment and fosterage of branches in accordance with the characteristics of the district; |
| 7. |
Other duties necessary for the performance of functions as a public library. |
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| Article 29 (Operation, Support, etc. of Governmental Public Libraries) |
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| (1) |
The State or a local government may partially subsidize the expenses incurred in the establishment and operation of libraries and the collection of library materials, etc. and give support necessary for the balanced development and efficient operation of governmental public libraries. <Amended by Act No. 9528, Mar, 25, 2009> |
| (2) |
The operating expenses of a governmental public library established and operated by a local government shall be borne by the local government concerned from its general account. <Amended by Act No. 9528, Mar, 25, 2009> |
| (3) |
With respect to a governmental public library established and operated by the Superintendent of an Office of Education pursuant to Article 32 of the Local Education Autonomy Act, the local government concerned shall bear part of the operating expenses thereof within its general account budget. <Amended by Act No. 8069, Dec. 20, 2006; Act No. 9528, Mar, 25, 2009> |
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| Article 30 (Head of Governmental Public Library and Library Steering Committees) |
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| (1) |
The head of a governmental public library shall be appointed from among librarians. |
| (2) |
Each governmental public library shall set up a library steering committee in order to contrive efficient operation of the library concerned and to closely cooperate with various kinds of cultural facilities. |
| (3) |
Matters necessary for the composition and operation of the library steering committees pursuant to paragraph (2) shall be stipulated by municipal ordinance of the local government concerned. <Amended by Act No. 9528, Mar, 25, 2009> |
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| Article 31 (Registration and Cessation of Nongovernmental Public Libraries) |
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| (1) |
Anyone seeking to establish a nongovernmental public library may apply for its registration with the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province and the head of Si/Gun/autonomous Gu (hereinafter referred to as the "head of a Si/Gun/Gu") as prescribed by Presidential Decree after meeting the standards for facilities, library materials, and librarians as prescribed in Articles 5 and 6. In such cases, the head of a Si/Gun/Gu shall issue a certificate of registration. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012> |
| (2) |
Where a person registered under paragraph (1) intends to change the already registered matters, the person shall apply for an alteration registration. <Newly Inserted by Act No. 9528, Mar, 25, 2009> |
| (3) |
Where the founder of a nongovernmental public library who has been registered pursuant to paragraph (1) intends to close down the library concerned, he/she shall return the certificate of registration to the head of a Si/Gun/Gu. <Amended by Act No. 9528, Mar, 25, 2009> |
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| Article 31-2 (Revocation, etc. of Registration) |
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| (1) |
The head of a Si/Gun/Gu may, if a nongovernmental public library registered under Article 31 (1) falls under any of the following subparagraphs, revoke its registration, request correction within the prescribed time limit, or order business suspension for a period not exceeding six months: |
| 1. |
Where the nongovernmental public library files the registration by fraudulent or other illegal means; |
| 2. |
Where the nongovernmental public library fails to file an alteration registration under Article 31 (2); |
| 3. |
Where it is deemed that the nongovernmental public library cannot perform its duties under Article 28 due to its failure to maintain the standards, etc. for facilities and library materials under Articles 5 and 6; |
| 4. |
Where the nongovernmental public library engages in management and operation, in violation of its establishment purpose under this Act. |
| (2) |
When the registration of a nongovernmental public library is revoked under paragraph (1), the representative of the said library shall return its registration certification to the head of a Si/Gun/Gu within one month. |
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| Article 31-3 (Hearings) |
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The head of a Si/Gun/Gu shall hold a hearing if he/she intends to revoke registration or order suspension of operations as prescribed in Article 31-2. <Amended by Act No. 11310, Feb. 17, 2012>
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| Article 32 (Support, etc. to Nongovernmental Public Libraries) |
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| (1) |
The State and local governments may provide support necessary for the balanced development and efficient operation of nongovernmental public libraries registered under Article 31 (1).<Amended by Act No. 9528, Mar. 25, 2009; Act No. 10558, Apr. 5, 2011> |
| (2) |
When deemed necessary for the establishment and operation of nongovernmental public libraries, the State and the heads of local governments may allow nongovernmental public libraries to use or lease State-owned or publicly-owned property without any consideration, notwithstanding the State Property Act, the Public Property and Commodity Management Act, or other relevant provisions. <Newly Inserted by Act No. 10558, Apr. 5, 2011> |
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| Article 33 (User Fees, etc.) |
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A public library may collect a fee, etc. from the users thereof as prescribed by Presidential Decree. <Amended by Act No. 9528, Mar, 25, 2009>
CHAPTER V UNIVERSITY LIBRARY
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| Article 34 (Establishment) |
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Universities and colleges established pursuant to Article 2 of the Higher Education Act, and educational institutions having college courses or higher established pursuant to the provisions of other Acts, shall set up university libraries. <Amended by Act No. 9528, Mar, 25, 2009>
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| Article 35 (Duties) |
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A university library shall perform each of the following duties necessary for the research and studying activities of professors and students and the enhancement of knowledge and information of staff, etc.:
| 1. |
Collection, arrangement, preservation, and provision of services of various kinds of information and materials necessary for college education; |
| 2. |
Support for efficient offering of curriculums; |
| 3. |
Cooperation with and provision of services to other libraries and relevant agencies; |
| 4. |
Other duties necessary for the performance of functions as a university library. |
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| Article 36 (Instruction and Supervision) |
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Each university library shall be subject to instruction and supervision by the relevant university or by the supervisory authorities of the educational agency concerned as prescribed by the Higher Education Act, the Private School Act and other Acts.
CHAPTER VI SCHOOL LIBRARY
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| Article 37 (Establishment) |
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law view
| Article 38 (Duties) |
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A school library shall perform the following duties in order to support the teaching and studying activities of students, teachers, etc.: <Amended by Act No. 9528, Mar, 25, 2009>
| 1. |
Collection, arrangement and preservation of library materials necessary for school education, and provision of access to such materials; |
| 2. |
Combined administration and provision for use of the educational materials kept by a school; |
| 3. |
Development, manufacture, and provision for use of audio-visual materials and multimedia materials; |
| 4. |
Construction of the information sharing system utilizing an information management system and communication networks and provision for use of such system; |
| 5. |
Education of information utilization through the instruction of library use, education on reading, cooperative teaching, etc.; |
| 6. |
Other duties necessary for the performance of functions as a school library. |
law view
| Article 39 (Instruction and Supervision) |
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CHAPTER VII SPECIALIZED LIBRARY
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| Article 40 (Establishment and Cessation) |
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| (1) |
The State, any local government, juristic person, organization or individual may set up a specialized library. |
| (2) |
Anyone seeking to set up a specialized library (hereinafter referred to as "nongovernmental specialized library") may apply for registration to the head of a Si/Gun/Gu as prescribed by Presidential Decree after meeting the standards for facilities, library materials, and librarians pursuant to Articles 5 and 6. In such cases, the head of a Si/Gun/Gu shall issue a certificate of registration. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012> |
| (3) |
If a person who has completed registration pursuant to paragraph (2) intends to modify registered matters, he/she shall make registration of modification. <Newly Inserted by Act No. 11310, Feb. 17, 2012> |
| (4) |
Where the founder of a nongovernmental specialized library registered pursuant to paragraph (2) intends to close down the library concerned, he/she shall return the certificate of registration to the head of a Si/Gun/Gu. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012> |
law view
| Article 41 (Duties) |
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A specialized library shall perform each of the following duties: <Amended by Act No. 9528, Mar, 25, 2009>
| 1. |
Collection, arrangement and preservation of library materials necessary for specialized scholastic and research activities, and provision of access to such materials; |
| 2. |
Expeditious and efficient assistance to scholastic and research activities; |
| 3. |
Various cooperative activities, including the exchange of library materials with other libraries; |
| 4. |
Other duties necessary for the performance of functions as a specialized library. |
law view
| Article 42 (Application Mutatis Mutandis) |
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Articles 31-2, 31-3 and 32 shall apply mutatis mutandis to nongovernmental specialized libraries registered pursuant to Article 40 (2). <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012>
CHAPTER VIII NARROWING OF GAP IN KNOWLEDGE AND INFORMATION
law view
| Article 43 (Responsibilities of Libraries) |
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| (1) |
Libraries shall take all necessary measures so that all the people are provided with impartial library services irrespective of their physical, regional, economic and social status. |
| (2) |
Libraries shall take the following measures in order to narrow the knowledge and information gap suffered by persons with disabilities and the knowledge and information poor prescribed by Presidential Decree (hereinafter referred to as the "knowledge and information poor"): |
| 1. |
Expansion and provision of library materials and construction of a joint utilization system; |
| 2. |
Expansion and provision of education and culture programs; |
| 3. |
Expansion of convenience facilities of libraries, provision of convenience in using libraries and employing specialized personnel; |
| 4. |
Cooperation with other libraries and related organizations; |
| 5. |
Other matters necessary for narrowing the knowledge and information gap. |
[This Article Wholly Amended by Act No. 11310, Feb. 17, 2012]
law view
| Article 44 (Assistance in Narrowing Knowledge and Information Gap) |
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| (1) |
The State and local governments shall take the following measures so that the knowledge and information poor may freely use the facilities and services of libraries: <Wholly Amended by Act No. 11310, Feb. 17, 2012> |
| 1. |
Matters concerning the expansion and provision of library materials to narrow the knowledge and information gap and the construction of a joint utilization system; |
| 2. |
Matters concerning the expansion of convenience facilities of libraries to narrow the knowledge and information gap and the fostering of specialized personnel; |
| 3. |
Other matters necessary for narrowing the knowledge and information gap. |
| (2) |
The State and local governments may grant subsidies to cover all or any part of the expenses necessary for the projects promoted by libraries in order to narrow the knowledge and information gap suffered by the knowledge and information poor. <Wholly Amended by Act No. 11310, Feb. 17, 2012> |
| (3) |
The State or a local government may, when the knowledge and information poor use library materials, wholly or partially subsidize compensations to be paid to author's property right holders under Article 31 (5) of the Copyright Act within its budgetary limits. <Newly Inserted by Act No. 9528, Mar. 25, 2009> |
law view
| Article 45 (Establishment and Operation of National Library for Individuals with Disabilities) |
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| (1) |
In order to assist library services especially for persons with disabilities from among the knowledge and information poor, there shall be established a National Library for Individuals with Disabilities under the jurisdiction of the chief executive of the National Library of Korea. |
| (2) |
The National Library for Individuals with Disabilities shall perform the following duties |
| 1. |
Formulation and overall management of national policies for library services for persons with disabilities; |
| 2. |
Formulation of standards and guidelines for library services for persons with disabilities; |
| 3. |
Collection, production, support for production and provision of library materials for persons with disabilities; |
| 4. |
Matters concerning formulation, assessment and examination, distribution, etc. of the standards of library materials for persons with disabilities; |
| 5. |
Construction of a system for sharing library materials for persons with disabilities and joint utilization thereof; |
| 6. |
Research, development and proliferation of library services and special facilities for persons with disabilities; |
| 7. |
Matters concerning education and culture programs for use of knowledge and information by persons with disabilities; |
| 8. |
Education of expert staff in charge of library services for persons with disabilities; |
| 9. |
Cooperation with libraries and related organizations in the Republic of Korea and abroad; |
| 10. |
Other duties concerning library services necessary for persons with disabilities. |
| (3) |
Matters necessary for the establishment and operation of the National Library for Individuals with Disabilities and its duties shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11310, Feb. 17, 2012]
CHAPTER IX SUPPLEMENTARY PROVISIONS
law view
| Article 46 (Delegation and Entrustment of Authority) |
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Part of the authority of the Minister of Culture, Sports and Tourism vested under this Act may be delegated to the Mayors/Do Governors or the heads of affiliated institutions, or entrusted to an association or relevant organization, as prescribed by Presidential Decree. In such cases, the Minister of Culture, Sports and Tourism may subsidize operating expenses, including business expenses, incurred by the association, organization, etc. for the performance of entrusted duties. <Amended by Act No. 9528, Mar, 25, 2009; Act No. 11310, Feb. 17, 2012>
law view
| Article 47 (Fines for Negligence) |
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| (1) |
A person who violates Article 20 (1) shall be punished by a fine for negligence not exceeding the amount equivalent to ten times the marked price of the relevant library material (where the library material is not for sale, the prime cost of the published library material in question). |
| (2) |
Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism. |
law view
| Article 48 Deleted.<by Act No. 9528, Mar, 25, 2009> |
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ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration, etc. of Libraries)
Any library and reading center registered or reported pursuant to the former Libraries and Reading Promotion Act as at the time this Act enters into force shall be deemed registered or reported pursuant to this Act.
Article 3 (Transitional Measures concerning Library Association, etc.)
Any association, etc. established pursuant to Article 14 of the former Libraries and Reading Promotion Act as at the time this Act enters into force shall be deemed an organization established pursuant to this Act: Provided, That guidance and supervision over the "Federation of Saemaul Mini-Libraries" shall be executed by the Minister of Government Administration and Home Affairs in consultation with the Minister of Culture and Tourism.
Article 4 (Transitional Measures concerning Administrative Disposition, etc.)
Registrations executed by administrative agencies, such as the Minister of Culture and Tourism, acts or various kinds of reports by other administrative agencies, or acts towards other administrative agencies pursuant to the former provisions as at the time this Act enters into force shall be deemed acts by administrative agencies or acts towards administrative agencies pursuant to this Act.
Article 5 Omitted.
Article 6 (Relationship with Other Acts and Subordinate Statutes)
Where the Libraries and Reading Promotion Act has been cited in other Acts and subordinate statutes as at the time this Act enters into force, the Library Act shall be deemed cited.
ADDENDA<Act No. 8069, Dec. 20, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 9528, Mar. 25, 2009>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) |
(Transitional Measures concerning Small Libraries) A library registered or reported as at the time this Act enters into force shall be deemed a small library under the amended provisions of subparagraph 4 (a) of Article 2. |
ADDENDUM<Act No. 10558, Apr. 5, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 11310, Feb. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
