CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to prescribe matters on publishing and matters necessary for supporting and fostering the publishing industry, reviewing publications and establishing a sound distribution order.
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11229, Jan. 26, 2012>
| 1. |
The term "publishing" means issuing publications by editing and copying literary works, etc. on paper or electronic media (where they are issued by electronic media, it shall be limited to electronic publications); |
| 2. |
The term "publishing company" means the personal or physical facility which engages in publishing business; |
| 3. |
The term "publications" means products indicating of the author, publisher, publishing date, and other matters recorded as prescribed by Presidential Decree so as to be read, seen, or heard by placing them on paper or in electronic media; |
| 4. |
The term "electronic publications" means publications such as electronic books, etc. issued by a publishing company as reported under this Act by placing contents of literary works, etc. in the electronic media so that users can read, see, and hear them through information processing apparatuses, such as computers; |
| 5. |
The term "foreign publications" means publications published in foreign countries (including North Korea; hereinafter the same shall apply); |
| 6. |
The term "distribution" means transferring, lending or displaying publications with or without receiving any consideration to the general public; |
| 7. |
The term "publishing industry" means the publishing or distribution industry for publications and industries closely related therewith; |
| 8. |
The term "harmful publications" means harmful publications with anti-national, anti-social or unethical contents, such as distinctly harming the national safety, public order or human dignity, etc. which are deliberated upon and determined pursuant to Article 19 (1) by the Publication Ethics Commission under Article 17. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 3 (Scope of Application) |
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This Act shall apply to all publishing and publications, but it shall not apply to any of the following subparagraphs: <Amended by Act No. 11229, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
CHAPTER II PROMOTION OF PUBLISHING INDUSTRY
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| Article 4 (Formulation and Implementation of Plans to Promote Publishing Industry) |
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| (1) |
The Minister of Culture, Sports and Tourism shall formulate and implement basic plans (hereinafter referred to as "promotion plans") every five years, which are required for promoting the publishing industry. |
| (2) |
Promotion plans shall contain all the matters of listed in the following subparagraphs: |
| 1. |
Support for fostering specialized personnel; |
| 2. |
Encouragement and support for publishing good books; |
| 3. |
Support for translations of excellent domestic or foreign literary works; |
| 4. |
Support for modernization of publishing facilities and distribution of publications; |
| 5. |
Fosterage of and support for electronic publications; |
| 6. |
Support for international exchanges and cooperation and expansion of export markets; |
| 7. |
Fosterage of and support for the comics industry; |
| 8. |
Support for book stores and book-binding business, etc.; |
| 9. |
Other matters to support the publishing industry. |
| (3) |
The Minister of Culture, Sports and Tourism shall, when he/she intends to formulate promotion plans, consult in advance with the heads of related central administrative agencies, and listen to the opinions of organizations related to the publishing industry. |
| (4) |
The Minister of Culture, Sports and Tourism may, when deemed necessary to formulate and implement promotion plans, request cooperation from the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") or render support to Mayors/Do Governors. <Amended by Act No. 11229, Jan. 26, 2012> |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 5 (Support for Fostering Specialized Personnel) |
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| (1) |
The Minister of Culture, Sports and Tourism shall support the fostering of specialized personnel in the relevant fields in order to promote the publishing industry. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 6 (Support for International Exchanges) |
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| (1) |
The Minister of Culture, Sports and Tourism shall support to facilitate international exchanges in order to promote the publishing industry. |
| (2) |
Matters necessary for those subject to support for activation of international exchanges and the methods and procedures, etc. under the provisions of paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 7 (Support for Modernization of Facilities and Distribution) |
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| (1) |
The Minister of Culture, Sports and Tourism shall endeavor to support for modernizing facilities and distribution of publishing companies. |
| (2) |
Any one who publishes publications shall be issued an ISBN/ISSN (International Standard Book Number/International Standard Serial Number) under Article 21 of the Libraries Act and indicate it in the relevant publications. |
| (3) |
Matters necessary for those subject to support for modernization of facilities and distribution and the methods and procedures, etc. under the provisions of paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 8 (Expansion of Infrastructure of Publishing Industry) |
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| (1) |
The State and local governments shall make efforts to secure infrastructure for the publishing industry, such as expansion of the infrastructure for the said industry or creating its complex, etc. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
CHAPTER III REPORTS OFPUBLISHING COMPANIES
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| Article 9 (Report) |
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| (1) |
Any person who intends to operate a publishing company shall report, in advance, the following matters to the Governor of the Special Self-Governing Province or the head of the Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the location of the publishing company. Any person who intends to alter matters that have been reported shall make a report in advance: |
| 1. |
Title and location of the publishing company; |
| 2. |
Address and name of the operator (in the case of a juristic person or organization, its representative). |
| (2) |
The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall provide the person who has filed a report under paragraph (1) (hereinafter referred to as "report") with a certificate of report completion. |
| (3) |
The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall, upon receipt of a report, file a report on the reported matters to the Minister of Culture, Sports and Tourism via the Mayor/Do Governor (excluding a Special Self-Governing Province). |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 10 Deleted. <by Act No. 9530, Mar. 25, 2009> |
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| Article 11 (Return of Certificate of Report Completion) |
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| (1) |
When any person who operates a publishing company has discontinued running the reported business, he/she shall promptly return the certificate of report completion to the Governor of a Special Self-Governing Province and the head of the Si/Gun/Gu having jurisdiction over the location of such company. |
| (2) |
The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall, upon receipt of the return of a certificate of report completion under the provisions of paragraph (1), file a report thereon to the Minister of Culture, Sports and Tourism via the Mayor/Do Governor (excluding a Special Self-Governing Province). |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 12 Deleted. <by Act No. 11229, Jan. 26, 2012> |
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| Article 13 Deleted. <by Act No. 11229, Jan. 26, 2012> |
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| Article 14 Deleted. <by Act No. 11229, Jan. 26, 2012> |
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| Article 15 Deleted. <by Act No. 11229, Jan. 26, 2012> |
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CHAPTER V PUBLICATION INDUSTRY PROMOTION AGENCY OF KOREA, ETC.
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| Article 16 (Establishment, etc. of Publication Industry Promotion Agency of Korea) |
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| (1) |
There shall be established a Publication Industry Promotion Agency of Korea (hereinafter referred to as "Promotion Agency") in order to efficiently support the promotion and development of the publishing industry. |
| (2) |
The Promotion Agency shall be a juristic person. |
| (3) |
The Promotion Agency shall be formed by registering its establishment at the location of its principal office with the authorization of the Minister of Culture, Sports and Tourism. |
[This Article Wholly Amended by Act No. 11229, Jan. 26, 2012]
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| Article 16-2 (Articles of Incorporation of Promotion Agency) |
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The articles of incorporation of the Promotion Agency shall include the following matters:
| 3. |
Matters concerning the principal office; |
| 4. |
Matters concerning the executives and employees; |
| 5. |
Matters concerning the operation of the board of directors; |
| 6. |
Matters concerning the Publication Ethics Commission under Article 17; |
| 7. |
Matters concerning duties; |
| 8. |
Matters concerning property and accounting; |
| 9. |
Matters concerning the modification of articles of incorporation; |
| 10. |
Matters concerning the formulation, modification and repeal of internal regulations. |
[This Article Newly Inserted by Act No. 11229, Jan. 26, 2012]
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| Article 16-3 (Executives of Promotion Agency) |
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| (1) |
The Promotion Agency shall have nine directors, including a president, and an auditor; directors excluding the president and the auditor shall be non-standing; and the president shall chair the board of directors. |
| (2) |
The president shall be appointed and dismissed by the Minister of Culture, Sports and Tourism. |
| (3) |
The term of office of the president shall be three years. |
| (4) |
The president shall represent the Promotion Agency and exercise overall control over the duties of the Promotion Agency. |
| (5) |
If the president is unable to perform his/her duties due to unavoidable reasons, a director according to the order of precedence stipulated in the articles of incorporation shall perform such duties as proxy. |
[This Article Newly Inserted by Act No. 11229, Jan. 26, 2012]
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| Article 16-4 (Duties of Promotion Agency) |
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The Promotion Agency shall perform the following duties:
| 1. |
Research, development and planning of policies and systems for the promotion of the publishing industry; |
| 2. |
Examination of actual conditions of the publishing industry and compiling statistics; |
| 3. |
Support for education concerning the publishing industry and for fostering specialized personnel; |
| 4. |
Support for the revitalization of production and the advancement of distribution for the development of the publishing industry; |
| 5. |
Projects to arouse demand in publication, such as recommendation of good books, promotion of reading, etc.; |
| 6. |
Fostering and supporting electronic publication; |
| 7. |
Establishment of a foundation, such as installation of support facilities for the revitalization of the publishing industry; |
| 8. |
Support to the publishing industry for entry into foreign markets; |
| 9. |
Deliberation on whether a publication is harmful (referring to the function of the Commission under Article 18); |
| 10. |
Other projects necessary to accomplish the purpose of the Promotion Agency. |
[This Article Newly Inserted by Act No. 11229, Jan. 26, 2012]
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| Article 17 (Establishment, etc. of Publication Ethics Commission) |
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| (1) |
There shall be established a Publication Ethics Commission (hereinafter referred to as the "Commission") under the Promotion Agency in order to fulfill ethical and social responsibilities of publications and to deliberate on whether publications are harmful. <Newly Inserted by Act No. 11229, Jan. 26, 2012 |
| (2) |
The Commission shall be comprised of not less than 10 but not more than 20 members, including one chairperson and one vice chairperson. <Amended by Act No. 11229, Jan. 26, 2012> |
| (3) |
The chairperson and the vice chairperson of the Commission shall be elected from among its members. <Amended by Act No. 11229, Jan. 26, 2012> |
| (4) |
The members of the Commission shall be appointed by the Minister of Culture, Sports and Tourism from among persons having much knowledge and experience in arts, the media, education, culture, law, juveniles, publishing and printing, etc. upon recommendation from the related juristic persons or organizations as prescribed by Presidential Decree. <Amended by Act No. 11229, Jan. 26, 2012> |
| (5) |
The term of office of Commission members shall be three years, and consecutive appointment may be permitted. <Amended by Act No. 11229, Jan. 26, 2012> |
| (6) |
Other matters necessary for the composition and operation of the Commission shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11229, Jan. 26, 2012> |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
[Title Amended by Act No. 11229, Jan. 26, 2012]
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| Article 18 (Functions of Commission) |
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The Commission shall perform functions listed in the following subparagraphs: <Amended by Act No. 11048, Sep. 15, 2011; Act No. 11229, Jan. 26, 2012>
| 1. |
Deliberation on the harmfulness of novels, comics, photo albums, pictorial series, and other publications as prescribed by Presidential Decree; |
| 4. |
Deleted. <by Act No. 11229, Jan. 26, 2012> |
| 5. |
Matters stipulated in other Acts and subordinate statutes. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 19 (Deliberation on Harmfulness of Publications) |
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| (1) |
In cases where, as a result of deliberating on the harmfulness of a publication, it falls under any of the following subparagraphs, the Commission shall determine it to be a harmful publication: |
| 1. |
Publication clearly harming the security of the State or the public order by completely denying a liberal democratic system or inciting or agitating the activities to overturn such system; |
| 2. |
Publication clearly harming the sound sexual ethics of society with graphic descriptions of lewd content; |
| 3. |
Publication clearly harming the human dignity and the sound social order by excessively depicting or encouraging the antisocial or unethical activities, such as murder, violence, war, narcotic, etc. |
| (2) |
In cases where a publication falls under any subparagraph of Article 9 (1) of the Juvenile Protection Act as a result of deliberation under paragraph (1), the Commission shall determine it to be a publication harmful to juveniles, and without delay, notify the Ministry of Gender Equality and Family thereof. <Amended by Act No. 7421, Mar. 24, 2005; Act No. 7799, Dec. 29, 2005: Act No. 9932, Jan. 18, 2010; Act No. 11048, Sep. 15, 2011> |
| (3) |
The chairperson of the Commission shall, when a publication has been determined to be a harmful publication as a result of deliberation by the Commission, notify such determination to the publisher or importer of such publication or the head of the relevant customhouse, without delay, and file a report thereon with the Minister of Culture, Sports and Tourism: Provided, That where notification to the importer is impossible because his/her address is unknown, etc., the chairperson of the Commission shall post the fact that the relevant publication has been determined to be a harmful publication on the website of the Commission. <Amended by Act No. 11229, Jan. 26, 2012> |
| (4) |
Matters necessary for the standard for detailed deliberations pursuant to the criteria for deliberation on the harmfulness of publications shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 19-2 (Public Announcements and Notices) |
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| (1) |
The Minister of Culture, Sports and Tourism shall, without delay, publicly announce the publications concerned as harmful publications in accordance with the decision reported by the chairperson of the Commission under Article 19 (3). |
| (2) |
The Minister of Culture, Sports and Tourism shall clearly state the relevant reason and time to take effect when he/she publicly announces harmful publications under paragraph (1). |
| (3) |
The Minister of Culture, Sports and Tourism shall notify each Mayor/Do Governor and the head of each Si/Gun/Gu of the publicly announced matters when he/she has publicly announced harmful publications under paragraph (1). |
| (4) |
The Minister of Culture, Sports and Tourism may, if necessary, notify an individual, corporation or organization who or which engages in the business of publications distribution of the publicly announced matters referred to in paragraph (1). |
| (5) |
Necessary matters regarding public announcement pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 19-3 (Seeking Opinions) |
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| (1) |
If the publisher of a publication falling under subparagraph 1 and the importer of a foreign publication falling under subparagraph 1 or 2 is not sure whether such publication corresponds to a harmful publication or a publication harmful to juveniles as prescribed in the Juvenile Protection Act, he/she may, beforehand, seek the opinion of the Commission for confirmation: |
| 1. |
Novels, cartoons, photography books, picture reports and magazines, and other publications prescribed by Presidential Decree; |
| (2) |
If the head of a customhouse receives an inquiry of whether a publication falling under paragraph (1) 1 or 2, among imported foreign publications, corresponds to a harmful publication, he/she may seek the opinion of the Commission before allowing such publication to pass a customs inspection. |
| (3) |
If the chairperson of the Commission receives an inquiry pursuant to paragraph (1) or (2), he/she shall notify his/her opinion to the inquirer: Provided, That where the publication in question falls under any of the following subparagraphs, he/she shall notify the result subject to deliberation by the Commission: |
| 1. |
Publications likely to correspond to publications harmful to juveniles as prescribed by the Juvenile Protection Act; |
| 2. |
Publications likely to correspond to harmful publications. |
| (4) |
Matters necessary for the procedures of seeking opinions and deliberation, etc. under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted by Act No. 11229, Jan. 26, 2012]
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| Article 20 (Subcommittees) |
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| (1) |
Where necessary for the efficient and professional performance of deliberation, the Commission may establish subcommittees by field. |
| (2) |
Matters necessary for the composition and operation of subcommittees by field under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11229, Jan. 26, 2012]
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| Article 20-2 (Korea Literature Translation Institute) |
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| (1) |
The Korea Literature Translation Institute shall be established to conduct activities for translation, publication, and international information and exchange of Korean literary works and publications in a systematic manner. |
| (2) |
The Korea Literature Translation Institute shall be a corporation. |
| (3) |
The Korea Literature Translation Institute shall conduct activities for the following: |
| 1. |
Translation and publication of Korean literary works and publications; |
| 2. |
Fosterage of translators of Korean literary works and publications; |
| 3. |
Planning, survey and research relating to the globalization of Korean literary works and publications; |
| 4. |
International exchange and information, and support for exportation of Korean literary works and publications; |
| 5. |
Translation and publication of foreign literary works and publications in Korean to facilitate exchange of literary works and publications; |
| 6. |
Others incidental to achieve the objectives of its establishment. |
| (4) |
Criteria and procedures, etc. for selecting the recipients of support which are necessary to carry out the activities in paragraph (3) 1 shall be determined by Presidential Decree. |
| (5) |
The Korea Literature Translation Institute shall have executives and necessary employees, as prescribed by the articles of association. |
| (6) |
The State may, when necessary for the smooth operation of the Korea Literature Translation Institute, concede state property as prescribed by Presidential Decree to the Korea Literature Translation Institute without compensation, despite the provisions of the State Property Act. |
| (7) |
Except as otherwise provided in this Act, the provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to matters relating to the Korea Literature Translation Institute. |
[This Article Newly Inserted by Act No. 10108, Mar. 17, 2010]
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| Article 21 (Subsidy for Expenses) |
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The Government may grant subsidies for the expenses incurred in the operation or activities of the Promotion Agency and the Korea Literature Translation Institute within budgetary limits. <Amended by Act No. 11229, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 10108, Mar. 17, 2010]
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| Article 21-2 (Supervision) |
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The Minister of Culture, Sports and Tourism may, when necessary for the promotion of the publishing industry, require that matters concerning the business, accounting and property of the Promotion Agency and the Korea Literature Translation Institute be reported or public officials under his/her supervision inspect them. <Amended by Act No. 11229, Jan. 26, 2012>
[This Article Newly Inserted by Act No. 10108, Mar. 17, 2010]
CHAPTER VI CIRCULATION, ETC. OF PUBLICATIONS
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| Article 22 (Indication of Fixed Price of Publications, and Sale) |
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| (1) |
In cases where a publishing company issues a publication for the purpose of sale, it shall fix the price for sale to consumers (hereinafter referred to as "fixed price"), and indicate it on the publication, as prescribed by Presidential Decree. The same shall also apply when a fixed price is changed. <Amended by Act No. 11229, Jan. 26, 2012> |
| (2) |
Notwithstanding paragraph (1), in cases of an electronic publication, the publishing company shall specify the fixed price in the bibliographic information and any person who sells an electronic publication shall indicate the price specified by the publishing company on its sales website so that purchasers may recognize the price. <Newly Inserted by Act No. 11229, Jan. 26, 2012> |
| (3) |
Any person who sells publications shall, in cases where any of such publication falls under literary works subject to resale price maintenance under Article 29 (2) of the Monopoly Regulation and Fair Trade Act, sell them in accordance with the fixed price: Provided, That he/she may sell them by discounting the price of the relevant publications within the limit of 10 percent of the fixed price through his/her own methods of discount in order to promote reading and protect consumers. <Amended by Act No. 11229, Jan. 26, 2012> |
| (4) |
Paragraph (3) shall not apply to any of the following publications: <Amended by Act No. 11229, Jan. 26, 2012> |
| 1. |
Publications for which 18 months have passed from the publishing date; |
| 2. |
Publications to be sold to libraries and social welfare facilities; |
| 3. |
Publications to be sold to the copyright holder; |
| 4. |
Electronic publications with the same contents as those of paper publications for which 18 months have passed from the publishing date; |
| 5. |
Other publications prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 23 (Distribution Order of Publications) |
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| (1) |
Neither publishing company nor other business operators related to distribution of issued publications shall commit any act falling under any of the following subparagraphs in order to maintain the distribution order of publications, etc.: |
| 1. |
The publishing company or the author of such publication either purchases the publication unjustifiably, or any acts to cause a person related to the subject publishing company or the author of such publication purchase the relevant publication unjustifiably for the purpose of raising the sale quantity of publications issued by the subject publishing company; |
| 2. |
Acts of any retailers such as bookstores, etc. to publicize the sale quantity of relevant publications even while they are aware of the fact that the publishing company or the author commits acts under subparagraph 1; |
| 3. |
Other acts violating the matters determined by Ordinance of the Ministry of Culture, Sports and Tourism in order to maintain the distribution order of publications. |
| (2) |
When the Minister of Culture, Sports and Tourism or a Mayor/Do Governor deems it necessary for establishing sound distribution order of publications issued, he/she may issue necessary orders to the publishing company, printing company, and other business operators related to the distribution of publications issued. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 24 Deleted. <by Act No. 9530, Mar. 25, 2009> |
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| Article 25 (Collection and Abolition, etc. of Illegally Reproduced Publications) |
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| (1) |
The Minister of Culture, Sports and Tourism, a Mayor/Do governor, and the head of a Si/Gun/Gu may, to which relevant public officials belong (hereinafter referred to as "relevant public officials") have found any of the following publications (hereinafter referred to as "illegally reproduced publications"), direct relevant public officials to order the persons who have distributed illegally reproduced publications, etc. to collect or abolish the relevant publications forthwith. In such cases, when persons ordered to collect or abolish such publications have failed to comply with it forthwith, they may cause relevant public officials to collect or abolish them directly: |
| 1. |
Publications which have been illegally reproduced without any consent of the copyright holder or publishing right holder, and other justifiable rights in accordance with the Copyright Act; |
| (2) |
Relevant public officials may, when deemed necessary for performing the duties under paragraph (1), gain access to the business place of persons who have distributed illegally reproduced publications, etc. or inspect or interrogate. |
| (3) |
When relevant public officials have collected or abolished illegally reproduced publications, etc. pursuant to the latter part of main body other than each subpapagraphs of paragraph (1), they shall immediately issue the certificate of the fact to the distributors of illegally reproduced publications, etc. |
| (4) |
Relevant public officials who issue an order to collect or abolish illegally reproduced publications, etc. or who take measures to collect or abolish under paragraph (1), shall carry a certificate indicating their authority, and show it to interested parties. |
| (5) |
The Minister of Culture, Sports and Tourism, a Mayor/Do Governor, and the head of a Si/Gun/Gu may, when deemed necessary for relevant public officials to perform collection or abolition pursuant to the latter part of main body other than each subparagraphs of paragraph (1), request juristic persons or organizations as prescribed by Presidential Decree to render their cooperation. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 26 (Delegation or 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 be entrusted to the Promotion Agency or related juristic persons or organizations, as prescribed by Presidential Decree. <Amended by Act No. 11229, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
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| Article 27 (Legal Fiction as Public Officials in Applying Penal Provisions) |
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| 1. |
Members of the Commission and its employees who are engaged in deliberation affairs; |
| 2. |
Members of the subcommittees established under Article 20; |
| 3. |
Officers and employees of corporations or organizations, who are engaged in services entrusted under Article 26. |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
CHAPTER VII PENAL PROVISIONS
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| Article 28 (Fines for Negligence) |
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| (1) |
Any person who commits a violation in violation of Article 23 (1) 1 shall be punished by a fine for negligence of not more than 10 million won. <Newly Inserted by Act No. 11229, Jan. 26, 2012> |
| (2) |
Any of the following persons shall be punished by a fine for negligence of not more than three million won: <Amended by Act No. 11229, Jan. 26, 2012> |
| 1. |
A person who performs the business activities of a publishing company without filing a report, in violation of Article 9 (1); |
| 2. |
Deleted. <by Act No. 11229, Jan. 26, 2012> |
| 3. |
Deleted. <by Act No. 11229, Jan. 26, 2012> |
| 4. |
Deleted. <by Act No. 11229, Jan. 26, 2012> |
| 5. |
A person who fails to indicate a fixed price on a publication in violation of Article 22 (1), or fails to indicate a fixed price in the bibliographic information or on a sales website, in violation of paragraph (2) of the same Article; |
| 5-2. |
A person who sells a publication in violation of Article 22 (3); |
| 6. |
A person who performs a prohibited act in violation of Article 23 (1), or who has failed to comply with an order related to distribution under paragraph (2); |
| 7. |
A person who fails to comply with an order to collect or abolish any illegally reproduced publications, etc. in violation of the former part of Article 25 (1). |
| (3) |
Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree: Provided, That fines for negligence under paragraph (2) 1, 5 and 5-2 shall be imposed and collected by the Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province and the head of the Si/Gun/Gu having jurisdiction thereover, and fines for negligence under paragraph (2) 7 shall be imposed and collected by the Minister of Culture, Sports and Tourism, Mayors/Do Governors or the heads of Sis/Guns/Gus. <Amended by Act No. 11229, Jan. 26, 2012> |
[This Article Wholly Amended by Act No. 9530, Mar. 25, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Deleted. <by Act No. 8533, Jul. 19., 2007>
Article 3 (Annulment, etc. of Other Acts)
Article 4 (Transitional Measures concerning Report on Publishing and Printing Companies)
Any publishing company or printing company registered under the previous provisions at the time this Act enters into force shall be deemed to have been reported as a publishing company or printing company under this Act.
Article 5 (Transitional Measures concerning Recommendations for Import of Publications)
| (1) |
Any import recommendation made by the Minister of Culture and Tourism or any application made for import recommendation to the Minister of Culture and Tourism under the previous provisions at the time this Act enters into force, shall be deemed to be an act by the Minister of Culture and Tourism or an act in relation to the said Minister under this Act. |
| (2) |
In cases where an application for recommendation for import of foreign publications has been filed with the Minister of Culture and Tourism under the previous provisions at the time this Act enters into force, the previous provisions shall govern. |
Article 6 (Transitional Measures concerning Establishment, etc. of Korea Publication Ethics Commission)
| (1) |
The Korea Publication Ethics Commission established under Article 45 of the Juvenile Protection Act at the time this Act enters into force (hereafter in this Article, referred to as the "former Commission"), shall be deemed to be the Korea Publication Ethics Commission under Article 16 (hereafter in this Article, referred to as the "newly-established Commission"). |
| (2) |
Members and officers of the former Commission who hold office at the time this Act enters into force shall be deemed to have been commissioned or appointed as members and officers of the newly-established Commission under this Act, and the term of office of such members and officers shall be reckoned from the day of commencing the previous term of office, and the chairperson and vice chairperson of the former Commission shall be deemed to have been elected by mutual votes as the chairperson and vice chairperson of the newly-established Commission under this Act. |
| (3) |
Any deliberation acts carried out by the former Commission under Article 45 of the previous Juvenile Protection Act before this Act enters into force or application for deliberation, etc. to the former Commission, shall be deemed to be an act of the newly-established Commission or an act in relation to the newly-established Commission under this Act. |
Article 7 (Transitional Measures concerning Penal Provisions)
The previous provisions shall govern any application of penal provisions to acts committed before this Act enters into force.
Article 8 (Relations with Other Acts)
ADDENDA <Act No. 7366, Jan. 27, 2005>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) |
(Applicability) The amended provisions of Article 19-2 shall begin to apply to the first harmful publications determined after this Act enters into force. |
ADDENDA <Act No. 7421, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date when Presidential Decree concerning the organization of the National Youth Commission is implemented within three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7799, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7941, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8533, Jul. 19, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided
, That amended provisions of Article 22 (2) and (3), Article 28 (1) 5, the amended provision of Article 2 of the Addenda of the Publication and Printing Promotion Act (Act No. 6721) shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Reports of Publishing Companies)
Publishing companies which have made a report under the former Publication and Printing Promotion Act at the time this Act enters into force shall be deemed to have made a report under this Act.
Article 3 (Transitional Measures concerning Korea Publication Ethics Commission and Deliberation Committee for Distribution of Publications)
| (1) |
The Korea Publication Ethics Commission and the Deliberation Committee for Distribution of Publications established under Articles 16 and 24 of the former Publication and Printing Promotion Act at the time this Act enters into force shall be deemed to have been established under this Act, respectively. |
| (2) |
Members of the Korea Publication Ethics Commission and the Deliberation Committee for Publication Distribution who hold official positions at the time this Act enters into force shall be deemed to have been commissioned under this Act. Their terms of office shall be reckoned from a date on which such members have been commissioned under the former Publication and Printing Promotion Act. |
Article 4 (Transitional Measures concerning Plans to Promote Publishing and Printing Industry)
Publishing-related parts of plans to promote publishing and printing industry, which have been established under Article 4 of the former Publication and Printing Promotion Act at the time this Act enters into force, shall be deemed plans to promote publishing industry established under this Act.
Article 5 Omitted.
Article 6 (Relations with Other Acts)
In cases where the former Publication and Printing Promotion Act or its provisions are cited in other Acts and subordinate statutes at the time this Act enters into force, if any corresponding provisions exist in this Act, this Act or the corresponding provisions thereof shall be deemed to have been cited, in lieu of the previous provisions.
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.
ADDENDA <Act No. 9530, Mar. 25, 2009>
| (1) |
(Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) |
(Transitional Measures) When provisions on fine for negligence are applied to acts which have been committed before this Act enters into force, the previous provisions shall govern such acts. |
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10108, Mar. 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Article 2 (Transitional Measures concerning Korea Literature Translation Institute)
The Korea Literature Translation Institute which has been established pursuant to Article 38 of the former Culture and Arts Promotion Act at the time when this Act enters into force shall be considered as the Korea Literature Translation Institute established pursuant to the amended provisions of Article 20-2.
Article 3 Omitted.
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.
ADDENDA <Act No. 11229, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided
, That the part concerning the Mayor of a Special Self-Governing City among the amended provisions of Articles 4 (4) and 28 (3) shall enter into force on July 1, 2012, and Article 2 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Procedures, etc. for Establishment of Promotion Agency)
| (1) |
In order to handle business affairs concerning the establishment of the Promotion Agency, the Minister of Culture, Sports and Tourism shall establish an Office for the Promotion of Establishment of the Promotion Agency (hereinafter referred to as the "Office for the Promotion of Establishment"). |
| (2) |
The Office for the Promotion of Establishment shall be comprised of five establishment members or less entrusted by the Minister of Culture, Sports and Tourism. |
| (3) |
The Office for the Promotion of Establishment shall transfer its business affairs to the president of the Promotion Agency after formulating articles of incorporation of the Promotion Agency, obtaining approval therefor from the Minister of Culture, Sports and Tourism, and making registration of the establishment of the Promotion Agency with an application bearing signatures of the establishment members. |
| (4) |
When the transfer of business affairs under paragraph (3) has been completed, the Office for the Promotion of Establishment and the establishment members shall be deemed to be dissolved or decommissioned. |
| (5) |
If the Promotion Agency has not been established until the date this Act enters into force, the Office for the Promotion of Establishment shall perform the duties of the Promotion Agency as proxy from the date this Act enters into force until the Office for the Promotion of Establishment is established. |
Article 3 (Applicability)
The amended provisions of Articles 12 through 15 and 22 shall apply to the publications published, imported or cleared through customs on or after the date this Act enters into force.
Article 4 (Transitional Measures following Establishment of Promotion Agency)
| (1) |
The Korea Publication Ethics Commission under previous Article 16 (hereinafter referred to as the "Korea Publication Ethics Commission") shall be deem to be dissolved at the time the establishment of the Promotion Agency is registered as prescribed in Article 2 (3) of the Addenda. |
| (2) |
The rights, obligations and property of the Korea Publication Ethics Commission shall be comprehensively succeeded by the Promotion Agency simultaneously with the establishment of the Promotion Agency. |
| (3) |
Acts performed by or in regards to the Korea Publication Ethics Commission before the establishment of the Korea Publication Ethics Commission shall be deemed acts performed by or in regards to the Publication Ethics Commission. |
| (4) |
The Promotion Agency may perform acts concerning its property, rights and obligations after the establishment of the Promotion Agency until the time this Act enters into force. |
Article 5 (Transitional Measures concerning Fines for Negligence)
The previous provisions concerning fines for negligence shall apply to acts committed before this Act enters into force.
Article 6 Omitted.
