Public Performance Act


Published: 2011-09-15

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide for matters relating to public performance in order to guarantee the freedom of the arts and promote sound public performing activities.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "public performance" means having the public watch the performance of art works of music, dance, drama, entertainment, Korean traditional music, acrobatics, etc.: Provided, That where a public performance is appurtenant to the sale or publicity of goods, such public performance shall be excluded;
2. The term "propaganda materials" means outdoor advertisements and invitation tickets permitted under the Outdoor Advertisements, etc. Control Act;
3. The term "performer" means a person who leads a public performance or performs in a public performance in person;
4. The term "performance hall" means a facility prescribed by Presidential Decree which is set up and operated for the main purpose of holding public performances;
5. The term "rehearsal hall" means a facility set up and operated for the main purpose of rehearsal;
6. The term "minor" means a person under 18 years of age (including persons attending a high school as defined in Article 2 of the Elementary and Secondary Education Act).
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 3 (Performing Arts Master Plans, etc.)   print
(1) The State and local governments shall formulate and implement plans necessary for the promotion of performing arts.
(2) Pursuant to paragraph (1), the Minister of Culture, Sports and Tourism shall formulate and implement a performing arts master plan including the following matters; and the heads of local governments shall submit materials necessary for the formulation and implementation of such master plan in order to promote regionally balanced development of performing arts if the Minister of Culture, Sports and Tourism so requests:
1. Matters concerning the training of and support for performing artists;
2. Matters concerning the training and placing of supporting personnel for performing arts relating to public performance planning, stage equipment, stage lighting, stage design, stage sound, etc.;
3. Matters concerning the expansion of facilities for public performance, such as performance halls;
4. Matters concerning the utilization of sports and educational facilities as performance halls, and matters concerning support therefor and encouragement thereof;
5. Matters concerning overseas expansion of performing arts;
6. Matters concerning the promotion of the performing arts industry;
7. Other important matters concerning the promotion of performing arts as prescribed by Presidential Decree.
(3) The heads of local governments shall formulate and implement a detailed plan for promoting performing arts of their local governments in line with a master plan formulated under paragraph (2); and the heads of Sis/Guns/Gus (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall report on the detailed plan and the outcomes of implementation to the relevant Special Metropolitan City Mayor, Metropolitan City Mayors, or Do Governors, who shall compile them and report to the Minister of Culture, Sports and Tourism: Provided, That in the case of a Special Self-Governing Province, the Governor of a Special Self-Governing Province shall report on the plan and the outcomes of implementation to the Minister of Culture, Sports and Tourism.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
CHAPTER II PUBLIC PERFORMANCES
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 Article 4 Deleted.<by Act No. 6632, Jan. 26, 2002>   print
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 Article 5 (Public Performances Harmful to Minors, etc.)   print
(1) No person shall allow minors watch public performances harmful to minors according to standards under Article 9 of the Juvenile Protection Act. <Amended by Act No. 11048, Sep. 15, 2011>
(2) No propaganda materials falling under Article 9 of the Juvenile Protection Act shall be publicly set up, posted or distributed in places where the public pass, and be publicized to the public, such as recommending them to watch the propaganda materials with the same contents, etc. <Amended by Act No. 11048, Sep. 15, 2011>
(3) Performers may request the Korea Media Rating Board (hereinafter referred to as the "Board") established under the Promotion of the Motion Pictures and Video Products Act to examine whether public performances under paragraph (1) and propaganda materials under paragraph (2) are harmful to minors.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 6 (Recommendations for Public Performances in Korea by Foreigners)   print
(1) Any foreigner who intends to hold a public performance in the Republic of Korea or any person who intends to invite a foreigner to hold a public performance in the Republic of Korea shall obtain recommendation from the Board. The same shall also apply to the modification of the already recommended matters.
(2) No foreigner shall hold a public performance in Korea without recommendation from the Board under paragraph (1): Provided, That this shall not apply where Presidential Decree prescribes otherwise.
(3) Matters necessary for recommendation or modification of recommendation under paragraph (1) shall be prescribed by Presidential Decree.
(4) If the Board gives a recommendation under paragraph (1), it may attach conditions to the recommendation necessary for the safety of audience or the maintenance of order at public performances.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 7 (Restrictions on Performing Foreign Artistic Performances)   print
(1) Upon receipt of an application for recommendation on a public performance by foreigners in accordance with Article 6, the Board may choose not to give a recommendation if the contents of such performance or performers fall under any of the following cases:
1. Where they are likely to harm national interests;
2. Where they are likely to harm the public order and public moral;
3. Where they are likely to disrupt or harm the system of public performance in Korea;
4. Where they fall under standards prescribed by Presidential Decree.
(2) If a person who has obtained a recommendation on a public performance by foreigners in accordance with Article 6 falls under any of the following cases, the Board may revoke such recommendation: Provided, That where he/she falls under subparagraph 1, the Board shall revoke the recommendation:
1. Where he/she obtains the recommendation by fraudulent or other illegal means;
2. Where he/she holds a public performance without recommendation on modification under Article 6 (1);
3. Where he/she violates Article 5 (1) or (2);
4. Where he/she violates any conditions attached to the recommendation of public performance under Article 6 (4).
(3) Where the Board gives a recommendation on a public performance by foreigners or recommendation on modification pursuant to Article 6, or does not give a recommendation on a public performance or revokes a recommendation pursuant to paragraphs (1) or (2), it shall report the outcomes thereof to the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
CHAPTER III ESTABLISHMENT, OPERATION, ETC. OF PERFORMANCE HALLS
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 Article 8 (Public Performance Halls and Rehearsal Halls)   print
(1) The State and local governments may establish and operate performance halls and rehearsal halls to develop performing art.
(2) The State or local governments may entrust individuals or organizations with the operation of performance halls and rehearsal halls under paragraph (1) in order to enhance the specialty and efficiency of the operation of performance halls and rehearsal halls.
(3) Where the State or local governments entrust individuals and organizations with the operation of performance halls and rehearsal halls pursuant to paragraph (2), it or they may subsidize expenses incurred in relation to activities and operation thereof; and the State or local governments may allow them to gratuitously use property and facilities necessary for proper operation of the performance halls and rehearsal halls or benefit therefrom, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
[This Article Wholly Amended by Act No [This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 9 (Registration of Performance Halls)   print
(1) Any person who intends to establish and manage a performance hall (including the State and local governments; hereinafter referred to as "performance hall manager") shall register the performance hall with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu who has jurisdiction over the area in which the performance hall is located upon meeting facility standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That where the number of seats of a performance hall (the total floor area used for seats where counting the number of seats is not possible as they are not sectioned) does not reach standards prescribed by Presidential Decree, such performance hall shall not be registered.
(2) Where grounds prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, for the modification of registration arise, a performance hall manager shall register modification with the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 10 (Assistance for Performers and Encouragement of Establishing and Managing Performance Halls, etc.)   print
(1) The State or local governments may provide performers with necessary assistance, such as paying subsidies, etc., when it is deemed necessary for developing performing arts.
(2) The Minister of Culture, Sports and Tourism may pay individuals subsidies from the National Treasury or require the Arts Council Korea established under Article 20 of the Culture and Arts Promotion Act to provide them with assistance, such as giving them loans from the Culture and Arts Promotion Fund established under Article 16 of the same Act, when it is deemed necessary for encouraging the establishment or management of performance halls.
(3) Matters necessary for necessary assistance, such as the payment of subsidies under paragraphs (1) and (2), and other matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 11 (Preventive Measures against Disasters)   print
(1) A performance hall manager shall formulate a disaster management plan specifying the duties, placement, etc. of employees of the relevant performance hall in order to prevent fire and other disasters and report it to the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu. In such cases, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall notify the chief of the competent fire station of the reported disaster management plan.
(2) Paragraph (1) shall apply mutatis mutandis to preventive measures against disasters to be taken by a person who intends to hold a public performance expected to draw an audience of a size prescribed by Presidential Decree in a place other than a performance hall. In such cases, a disaster management plan to be submitted shall include a plan to retain safety management personnel.
(3) Other matters necessary in relation to preventive measures against disasters at performance halls shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 12 (Safety Checkup, etc. of Stage Facilities)   print
(1) A person who intends to establish and operate a performance hall of a size which is not less than that prescribed by Presidential Decree shall have the following matters examined and inspected by an institution specialized in the inspection of stage facilities (hereinafter referred to as "institution specialized in the inspection of stage facilities") designated pursuant to Article 12-2 (1):
1. Examination of design of stage facilities before the construction works of a performance hall begins;
2. Safety inspections of stage facilities before the registration of a performance hall (hereinafter referred to as "safety inspection before registration").
(2) The manager of a performance hall of a size not less than that prescribed by Presidential Decree shall undergo regular inspections or precise safety checkups of stage facilities by an institution specialized in the inspection of stage facilities.
(3) Performance hall managers shall formulate an annual inspection plan for stage facilities and conduct a self-inspection. In such cases, performance hall managers may request an institution specialized in the inspection of stage facilities to conduct an inspection.
(4) Where performance hall managers undergo a safety inspection, etc. before registration pursuant to paragraph (1) 2 and paragraph (2), they shall report outcomes thereof to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.
(5) Upon receipt of the outcomes of safety inspections, etc. before registration pursuant to paragraph (4), the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may request performance hall managers to rectify the defects of stage facilities, or improve or repair stage facilities. In such cases, performance hall managers shall comply with such request, except in extenuating circumstances.
(6) Matters necessary for the procedures and timing for the examination of design of stage facilities, safety inspections before registration, regular safety inspections, precise safety checkups and self safety inspections and other matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 12-2 (Designation, etc. of Safety Checkup Institutions)   print
(1) For the examination of design, safety inspections before registration, regular safety inspections, precise safety checkups and self-safety inspections (hereinafter referred to as "safety inspection, etc."), the Minister of Culture, Sports and Tourism shall designate at least two institutions specialized in the checkup of stage facilities (hereinafter referred to as "safety checkup institution").
(2) Any entity which intends to be designated as a safety checkup institution pursuant to paragraph (1) shall meet requirements for designation, such as technical personnel and safety checkup equipment and file an application with the Minister of Culture, Sports and Tourism.
(3) Matters necessary for the methods of, and procedures for, designation of safety checkup institutions and other matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Act No. 10723, May 25, 2011]
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 Article 12-3 (Revocation of Designation of Safety Checkup Institutions)   print
(1) Where a safety checkup institution falls under any of the following cases, the Minister of Culture, Sports and Tourism may revoke such designation or order it to suspend its business affairs within a specified period of up to one year: Provided, That where it falls under subparagraph 1, he/she shall revoke such designation:
1. Where it obtains the designation of a safety checkup institution by fraudulent or other illegal means;
2. Where it conducts a safety checkup, etc. while its business affairs are suspended;
3. Where it refuses to conduct a safety checkup, etc. without justifiable reasons;
4. Where it fails to meet requirements for designation under Article 12-2 (2);
5. Where it conducts a safety checkup, etc. differently from the fact either intentionally or by gross negligence.
(2) Matters necessary for the methods of, and procedures for, revocation of designation, suspension of business affairs, etc. under paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Act No. 10723, May 25, 2011]
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 Article 12-4 (Confirmation of Outcomes of Safety Inspections, etc.)   print
(1) Where any need arises to enhance technical standards for safety inspections, etc. and prevent improper inspections, the Minister of Culture, Sports and Tourism may check and evaluate the outcomes of safety inspections, etc. conducted by a safety checkup institution, request it to submit necessary data or dispatch affiliated public officials to conduct an on-site checkup.
(2) Matters necessary for standards and procedures for evaluations under paragraph (1) and matter matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10723, May 25, 2011]
CHAPTER IV TRAINING OF PROFESSIONALS STAGEHANDS
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 Article 13 (Duties of State, etc.)   print
The State and local governments shall formulate policies necessary to train professional stagehands and to enhance their specialty.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 14 (Qualifications for Professional Stagehands)   print
(1) The Minister of Culture, Sports and Tourism shall grant qualifications for professional stagehands to a person who is qualified for an examination prescribed by Presidential Decree and passes an examination administered by an examination institution for professional stagehands designated under Article 15.
(2) Professional stagehands shall be classified into three levels by type, such as stage equipment, stage lighting and stage sound and matters necessary for the detailed types of qualifications and qualifying examinations, procedures for issuance of certificates of qualification, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 14-2 (Revocation of Qualifications of Cheaters, etc.)   print
(1) The Minister of Culture, Sports and Tourism shall revoke the qualification of a person who acquires qualifications for professional stagehands under Article 14 by fraudulent means.
(2) If a person cheats in a qualifying examination for professional stagehands under Article 14 (1), his/her examination shall be stopped or nullified on the spot.
(3) Neither person whose qualification is revoked under paragraph (1) nor person whose examination was stopped or nullified under paragraph (2) shall take a qualifying examination for professional stagehands for three years following the revocation, stopping, or nullification.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 15 (Examination Institutions for Professional Stagehands)   print
(1) The Minister of Culture, Sports and Tourism may designate examination institutions for professional stagehands under Article 14 for the examination of qualifications for professional stagehands, as prescribed by Presidential Decree.
(2) The State may, within budgetary limits, subsidize examination institutions for professional stagehands designated pursuant to paragraph (1) with some of the expenses incurred in performing their duties, and the designated institutions may, with approval from the Minister of Culture, Sports and Tourism, collect expenses incurred in administering examinations.
(3) Matters necessary for requirements for designation of examination institutions for professional stagehands shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 15-2 (Revocation of Designation of Examination Institutions for Professional Stagehands)   print
If an examination institution for professional stagehands designated pursuant to Article 15 (1) obtains designation by fraudulent or other illegal means, its designation shall be revoked; if an examination institution for professional stagehands is deemed unable to duly perform its duties due to improper performance, its designation may be revoked.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 15-3 (Keeping and Maintaining Books and Documents)   print
Examination institutions for professional stagehands shall keep and maintain books and documents relating to qualifying examinations, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 16 (Placement, etc. of Professional Stagehands)   print
(1) Professional stagehands qualified under Article 14 (1) shall be placed at public performance halls under Article 8 (1) and (2) and other performance halls prescribed by Presidential Decree.
(2) Standards for the placement of professional stagehands under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
CHAPTER V Deleted.
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 Article 17 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 18 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 19 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 20 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 21 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 22 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 23 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 24 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 25 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 26 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 27 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 28 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 29 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 30 Deleted.<by Act No. 6473, May 24, 2001>   print
CHAPTER VI GUIDANCE AND SUPERVISION OF PERFORMANCE HALLS, ETC.
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 Article 31 (Supervision of Performers and Performance Halls)   print
The Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may require affiliated public officials to inspect or peruse books and documents in order to ascertain whether performers or performance hall managers observe this Act or orders issued under this Act.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 32 (Orders to Discard Harmful Materials, etc.)   print
Where the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu deems that publicity materials which have not been checked pursuant to Article 5 (2) and (3) are harmful to minors, he/she may order the producers of such publicity materials or persons who have requested producers of publicity materials to produce such publicity materials to collect and discard them or require relevant public officials to collect, seize or discard them after obtaining confirmation from the Board.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 33 (Administrative Dispositions)   print
(1) The Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may order any of the following persons to suspend performance activities or the operation of a performance hall for a specified period not exceeding six months:
1. A person who violates Article 5 (1) or (2);
2. A person who violates Article 6 (1) or (2);
3. A person who falls under any of the subparagraphs of Article 7 (2);
4. A person who violates the forepart of Article 11 (1) or paragraph (2) of the same Article;
5. A person who violates any of Article 12 (1) through (5);
6. A person who has been sentenced to punishment for an offense under subparagraph 1 or 2 of Article 40 or under Article 41 and commits the same offense within three months.
(2) The administrative dispositions under paragraph (1) shall be issued within two months from the date a violation is committed, and detailed standards for administrative dispositions shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 34 (Measures of Closure, etc.)   print
(1) Where a person who is ordered to suspend performance activities or the operation of a performance hall under Article 33 (1) continues to conduct performance activities or the operation of a performance hall, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may require affiliated public officials to take the following measures:
1. Elimination or erasure of signs and posts relating to the relevant performance activities or operation of a performance hall;
2. Posting a notice, etc. indicating that such performance activities or operation is illegal;
3. Sealing equipment or facilities necessary for the relevant public performance to prohibit the use of the equipment or facilities.
(2) Where the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu deems that continuing to posting a notice, etc. or to seal equipment or facilities under paragraph (1) 2 and 3 is unnecessary, he/she may remove the notice, etc. or take off sealing ex officio or upon a request.
(3) In taking measures under the subparagraphs of paragraph (1), the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall limit such measures to the minimum extent necessary and notify in advance interested parties of such measures in writing or verbally.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 35 (Carrying Certificates)   print
Public officials conducting an on-site checkup, inspection or seizure, or taking measures of closure, etc. pursuant to Article 12-4, 31, 32 or 34 shall carry a public official identity card or a document indicating his/her authority, and produce it to interested parties.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 36 (Hearings)   print
If the Minister of Culture, Sports and Tourism, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu intends to issue any of the following dispositions, he/she shall hold a hearing:
1. Revocation of designation of safety checkup institutions under Article 12-3;
2. Revocation of qualifications under Article 14-2;
3. Revocation of designation under Article 15-2;
4. Measures of closure, etc. under Article 34 (1) 1 and 3.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
CHAPTER VII SUPPLEMENTARY PROVISION
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 Article 37 (Delegation and Entrustment of Authority)   print
The Minister of Culture, Sports and Tourism may delegate or entrust part his/her authority under this Act to the Special Metropolitan Mayor, Metropolitan City Mayors, Do Governors or Governor of a Special Self-Governing Province, or the Board, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 38 Deleted.<by Act No. 6473, May 24, 2001>   print
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 Article 39 (Fees)   print
(1) With authorization from the Minister of Culture, Sports and Tourism, the Board or safety checkup institutions may collect fees, etc. in the following cases:
1. Checking under Article 5 (3) whether propaganda materials are harmful to minors;
2. Recommendation for holding public performances in the Republic of Korea by foreigners or recommendation for modified matters under Article 6 (1);
3. Safety inspections, etc. under Article 12.
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may collect fees for the registration or registration of modification of performance halls under Article 9 (1) and (3), as prescribed by Ordinance of the relevant Special Self-Governing Province or Si/Gun/Gu.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
CHAPTER VIII PENAL PROVISIONS
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 Article 40 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than two years, or a fine not exceeding 20 million won:
1. A person who violates Article 5 (1);
2. A person who violates Article 6 (1) or (2);
3. A person who holds a public performance by foreigners for which recommendation has been revoked under Article 7 (2);
4. A person who continues performance activities or the operation of a performance hall even after he/she has been issued an administrative disposition under Article 33 (1).
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 41 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than one year, or a fine not exceeding ten million won:
1. A person who violates Article 5 (2);
2. A person who arbitrarily removes public notices, etc. under Article 34 (1) 2 or takes off sealing under Article 34 (1) 3.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 42 (Joint Penal Provisions)   print
If the representative of a corporation or an agent, employee or other servant of a corporation or individual commits an offence under Article 40 or 41 in connection with the business of the corporation or individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant Article: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense, this shall not apply.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
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 Article 43 (Fines for Negligence)   print
(1) Any person who fails to report preventive measures against disasters in violation of Article 11 (1) or (2) shall be punished by a fine for negligence not exceeding ten million won.
(2) Any of the following persons shall be punished by a fine for negligence not exceeding five million won:
1. A person who violates Article 9 (1) and (3);
2. A person who violates Article 12 (1) through (3);
3. A person who refuse to submit data under Article 12-4, submits false data or refuses, obstructs or evades on-site confirmation by public officials;
4. A person who fails to comply with an order to remove or discard advertising materials under Article 32.
(3) Any person who violates Article 16 (1) shall be punished by a fine for negligence not exceeding three million won:
(4) Fines for negligence under paragraphs (1) through (3) shall be imposed and collected by the Minister of Culture, Sports and Tourism, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10723, May 25, 2011]
ADDENDA
Article 1 (Enforcement Date)
(1) This Act shall enter into force three months after the date of its promulgation: Provided, That the provisions of Article 12 (including a case where the provisions of Article 8 (4) are applied mutatis mutandis) shall enter into force on July 1, 2000, and the provisions of Article 16 (including a case where the provisions of Article 8 (5) are applied mutatis mutandis) shall enter into force on January 1, 2005.
(2) Matters concerning the registration, etc. of performers under the provisions of Articles 3 through 6-2 of the former Public Performance Act shall be invalidated on the promulgation date of this Act.
Article 2 (Establishment of Film Grading Commission)
(1) The Commission shall be established within one month from the date when this Act enters into force.
(2) The Korea Public Performance and Art Promotion Council under the provisions of Article 25-3 of the former Public Performance Act shall execute as proxy the Commission's duties until the Commission is established.
Article 3 (Succession of Rights, Duties, and Properties)
The Commission shall take over all rights, duties and properties owned by the Korea Public Performance and Art Promotion Council established under the provisions of Article 25-3 of the former Public Performance Act on the date of its establishment.
Article 4 (Succession of Dispositions)
(1) Any acts performed by the Korea Public Performance and Art Promotion Council under the provisions of Article 25-3 (4) of the former Public Performance Act before the Commission is established shall be deemed the acts performed by the Commission.
(2) Administrative dispositions taken by the head of Si/Gun/Gu under the provisions of Article 17 of the former Public Performance Act shall be deemed the administrative dispositions taken by the head of Si/Gun/ Gu under the provisions of Article 33 of this Act.
Article 5 (Transitional Measures concerning Registration, Report, etc. of Business of Public Performance Establishments)
Persons who have obtained permission to set up public performance establishments from the head of Si/Gun/Gu or reported their public performances to the head of Si/Gun/Gu under the former provisions at the time of enforcement of this Act shall be deemed to have registered as the operators of public performance establishments with the head of Si/Gun/Gu and reported their public performances to the head of Si/Gun/Gu under this Act.
Article 6 (Transitional Measures concerning Domestic Public Performances by Foreigners)
Domestic performances by foreigners permitted under the former provisions at the time of enforcement this Act shall be deemed to have obtained recommendations under this Act.
Article 7 (Transitional Measures concerning Penal Provisions)
The application of penal provisions to the acts of violating the former Public Performance Act before the enforcement of this Act shall be dealt with according to the former provisions.
Article 8 (Relation with other Acts and Subordinate Statutes)
Where the provisions of the former Public Performance Act are quoted by other Acts and subordinate statutes as at the time this Act enters into force, the provisions of this Act, which fall under the quoted provisions of the former Public Performance Act, shall be deemed the quoted provisions of this Act.
ADDENDA<Act No. 6473, May 24, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 6568, Dec. 31, 2001>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 1 of the Addenda of the Public Performance Act (No. 5924) shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Registration of Place of Public Performance) A person who registered the business of a public performance with the head of Si/Gun/Gu under the former provisions at the time of the entry into force of this Act shall be deemed to have registered a relevant place of public performance under this Act.
ADDENDA<Act No. 6632, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 2002. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 7364, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 7943, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA<Act No. 7991, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14 (1), 15, 15-2, 15-3 and 42 (1) shall enter into force on January 1, 2007.
Article 2 (Transitional Measures concerning Reporting on Disaster Management Plan)
Any person who has reported a disaster management plan under the former provisions at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 11 (1).
Article 3 (Transitional Measures concerning Persons Having Practical Experience related to Theatrical Art)
With respect to any person who is recognized as having practical experience in the field of theatrical art at the time of the enforcement date under the proviso to Article 1 of the Addenda, he/she may, notwithstanding the amended provisions of Article 14 (1), be deemed to have passed the qualifying test for theatrical art professionals under the proviso to the former provisions of Article 14 (1).
Article 4 (Transitional Measures concerning Disposition of Fines for Negligence)
Any person who was subject to the disposition of a fine for negligence under the former provisions as at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 42 (1).
Article 5 (Relations with other Acts)
Where other Acts and subordinate statutes have cited the provisions of the former Public Performance Act and when there exist provisions corresponding thereto in this Act, it shall be deemed that the relevant Article in this Act has been cited in lieu of the former provisions.
ADDENDA<Act No. 8345, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10111, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10723, May 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Safety Inspections of Stage Facilities)
Safety inspections before registration under the amended provisions of Article 12 (1) 2 shall begin to apply to a person who first undergoes an examination of design pursuant to Article 12 (1) 1 after this Act enters into force.
Articles 3 (Transitional Measures concerning Designation of Safety Checkup Institutions)
Any institution designated as a safety checkup institution by the Minister of Culture, Sports and Tourism as at the time this Act enters into force shall be deemed a safety checkup institution designated pursuant to the amended provisions of Article 12-2.
ADDENDA<Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.