大韩民国

법령, 판례 등 모든 법령정보를 한 번에 검색 OK !

PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT

[Enforcement Date 19. Nov, 2015.] [Act No.13306, 18. May, 2015., Partial Amendment]

문화체육관광부 (씁상콘텐츠산업곾( �44-203-2432

법제처 국가법령정보센터 www.law.go.kr

2017.05.15

「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT

[Enforcement Date 19. Nov, 2015.] [Act No.13306, 18. May, 2015., Partial Amendment]

문화체육관광부 (씁상콘텐츠산업과) 044-203-2432

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to enhancing the cultural life of the people

and promoting the national culture by upgrading the motion pictures and video

products qualitatively and promoting the development of the film and video industry.

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:<Amended by Act No. 8852, Feb.

29, 2008; Act No. 9096, Jun. 5, 2008; Act No. 9657, May 8, 2009; Act No. 11314, Feb. 17, 2012; Act

No. 13306, May 18, 2015>

1. The term "motion picture" means any work, the successive pictures of which are

contained in any digital medium, such as films, disks, etc., which is produced for the

purpose of public viewing at any place or establishment, such as movie theaters;

2. The term "film industry" means an industry engaged in the production, utilization,

distribution, dissemination, exportation, importation, etc. of motion pictures;

3. The term "Korean motion picture" means a motion picture produced by persons

(including corporations) headquartered in Korea, and other motion pictures deemed

Korean motion pictures pursuant to Article 27;

4. The term "jointly produced motion picture" means a motion picture produced

jointly by Korean and foreign motion picture makers so as to cover the production

costs through their joint financing, as prescribed by Ordinance of the Ministry of

Culture, Sports and Tourism;

5. The term "animation" means a motion picture that fictionalizes a real world or an

imaginary world to allow viewers to feel the dynamic sense similar to the reality

through the utilization of human resources or technology;

6. The term "small film" means a motion picture produced by using film not

exceeding 16 millimeters or any digital medium, which is prescribed by Ordinance

of the Ministry of Culture, Sports and Tourism;

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7. The term "short film" means a motion picture with a running time not exceeding 40

minutes;

8. The term "screening" means presenting motion pictures for public viewing on

screen;

9. The term "motion picture enterpriser" means any of the following persons having a

profit-making purposes:

(a) Motion picture makers: Persons who operate business making motion pictures;

(b) Motion picture importers: Persons who operate business importing motion

pictures;

(c) Motion picture distributors: Persons who operate business distributing motion

pictures;

(d) Motion picture screeners: Persons who operate business screening motion

pictures;

10. The term "movie theater" means any place or establishment where motion

pictures are screened for profit: Provided, That such place and establishment

(hereinafter referred to as "non-permanent movie theater") shall be excluded,

where motion pictures are screened for a period not exceeding the number of days

per year prescribed by Presidential Decree;

11. The term "restricted movie theater" means a movie theater where restricted

motion pictures provided for in Article 29 (2) 5 are screened;

12. The term "video product" means any work, the successive pictures of which are

contained in any digital medium or device, such as tapes or disks, which is

produced to be viewed or to be viewed and heard by being played through

machines or electrical, electronic, or communication apparatus: Provided, That any

of the following products shall be excluded:

(a) Game softwares provided for in subparagraph 1 of Article 2 of the Game Industry

Promotion Act;

(b) Video products operated on computer programs (limited to those without any

recorded motion picture);

13. The term "video industry" means an industry engaged in the production,

utilization, distribution, supply, export, import, etc. of video products;

14. The term "video product manufacturing business" means any business

manufacturing or reproducing video products;

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15. The term "video product distribution business" means any business importing

video products (including the originals of the video products) or reserving or

managing copyrights therein to supply retailers or lenders with video products;

16. The term "video service providing business" means any of the following

businesses:

(a) The business of running a video-viewing establishment: Business offering video

products to the public for the purpose of their viewing with multiple partitioned

video-viewing compartments and video-viewing apparatuses installed therein

(including where customers operate the viewing machine by themselves);

(b) The business of running a video-viewing mini-theater: Business specializing in

video products offered to the public for the purpose of their viewing, with screens, a

number of viewers’ seats, and video-viewing apparatuses installed therein;

(c) The business of running a video-viewing mini-theater for video products with a

restricted rating: Business exclusively offering restricted-rated video products only

to the public, for viewing on screens, a number of spectator's seats, and video-

viewing apparatuses installed therein;

(d) The business of providing multiple types of visual materials: Business offering

incidental facilities for playing with game software or singing to the public, running a

video-viewing establishment;

(e) Other business of rendering video service: Business offering video products to

the public for viewing at places or establishments used for public accommodation,

rest, etc. on video-viewing apparatuses installed therein;

17. The term "video product business operator" means a person who runs any

business referred to in subparagraphs 14 through 16;

18. The term "juvenile" means a person under the age of 18 (including students who

attend high schools pursuant to Article 2 of the Elementary and Secondary

Education Act);

19. The term "digital cinema" means showing, to the public, a film work processed in

digital file format using a digital projector or telecommunications apparatus via

digital media, such as disks, or information communications network under Article 2

(1) 1 of the Act on Promotion of Information and Communications Network

Utilization and Information Protection, etc. (hereinafter referred to as "information

communications network"), or providing a user with such film work;

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20. The term "content information" means the extent of the theme, obscenity,

violence, language, fear factor, drug use, risk of imitation, etc., concerning the

contents of a film or video product, and other information related thereto;

21. The term "motion picture worker" means a person prescribed by Presidential

Decree, engaged in the film industry;

22. The term "motion picture enterprisers' organization" means an organization of

motion picture enterprisers which has the authority to control or regulate the

motion picture enterprisers who are the members thereof;

23. The term "motion picture workers union" means an organization formed by

motion picture workers as its principal agents for the purpose of maintaining or

improving working conditions and promoting the improvement of other economic

and social positions of motion picture workers by uniting independently, or a

federation thereof.

CHAPTER II MOTION PICTURES

SECTION 1 Formulation and Implementation of Master Plans for Promoting

Motion Pictures and Creation of Fair Environments

Article 3 (Master Plans for Promoting Motion Pictures and Plans for Implementation

Thereof) (1) The Minister of Culture, Sports and Tourism shall formulate and

implement a master plan for promoting motion pictures and an implementation plan

therefor in order to enhance the film and video culture and develop the film and video

industry, by hearing the opinions of the Korean Film Council established pursuant to

Article 4 (hereinafter referred to as the "Korean Film Council") and the Korean Film

Archive established pursuant to Article 34 (hereinafter referred to as the "Korean

Film Archive"). <Amended by Act No. 8852, Feb. 29, 2008>

(2) The master plan for promoting motion pictures under paragraph (1) shall contain

the following matters:<Amended by Act No. 9096, Jun. 5, 2008; Act No. 11314, Feb. 17, 2012;

Act No. 13306, May 18, 2015>

1. Basic direction-setting for promoting Korean motion pictures;

2. Surveys and researches for promoting the production of motion pictures,

establishment of the motion picture-making infrastructure, and development of

related technologies;

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3. Surveys, research, and development for promoting the distribution of motion

pictures and developing exhibition systems;

4. Exports and overseas advancement of Korean motion pictures;

5. Gathering and preserving film materials;

6. Developing the human resources in the motion picture industry and improving

motion picture workers' working environments;

7. Securing financial resources to expand the financial basis necessary for the

promotion of motion pictures and devising ways to efficiently manage such

resources;

8. International exchange and cooperation in the field of motion picture;

9. Basic direction-setting for promoting digital cinemas, creation of infrastructure

for the digital cinema industry, and measures for securing financial resources and

efficient operation thereof;

10. Development and standardization of film technology, quality certification of digital

cinemas, and facility standards for movie theaters, etc.;

11. Promotion of diversification and public responsibilities of the film and video

culture;

12. Other necessary matters for the promotion of the movie arts.

(3) The Minister of Culture, Sports and Tourism may prescribe matters concerning

technical standards, quality certification, facility standards, etc. related to paragraph

(2) 10 for the development of the digital cinema, and recommend them to relevant

enterprisers, such as motion picture enterprisers: Provided, That where the Minister

of Culture, Sports and Tourism intends to prescribe the technical standards, the

Minister shall consult with the Minister of Trade, Industry and Energy.<Newly Inserted

by Act No. 9096, Jun. 5, 2008; Act No. 11690, Mar. 23, 2013>

Article 3-2 (Labor-Managerial-Governmental Council for Motion Pictures)

In order to promote the film industry and to improve working environments of motion

picture workers, the representatives of motion picture workers unions and motion

picture enterprisers or motion picture enterprisers' organization and the Government

may organize a labor-managerial-governmental council for motion pictures.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

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Article 3-3 (Guidelines on Standard Wages) (1) The Minister of Culture, Sports and

Tourism shall prepare guidelines on standard wages of motion picture workers

("wages" means all compensation received by motion picture workers in return for

their services; hereafter the same shall apply in this Article) in consultation with the

labor-managerial-governmental council prescribed in Article 3-2, disseminate

them, and recommend to implement them.

(2) Motion picture enterprisers and motion picture workers shall comply with the

guidelines on standard wages.

(3) The Minister of Culture, Sports and Tourism may cause the Korean Film Council

to conduct a fact-finding investigation or research on guidelines on standard wages.

In such cases, a person in receipt of a request to submit data for the fact-finding

investigation shall comply with such request, except in extenuating circumstances.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

Article 3-4 (Specification of Working Conditions)

When a motion picture enterprise concludes a contract with a motion picture worker,

the motion picture enterpriser shall specify the wage, working hours, and other

working conditions of the motion picture worker in detail.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

Article 3-5 (Use and Dissemination of standard-form contract) (1) The Minister of

Culture, Sports and Tourism may recommend motion picture enterprisers or motion

picture enterprisers' organizations to prepare and use a standard-form contract.

(2) The Minister of Culture, Sports and Tourism and the Korean Film Council may

give preference to motion picture enterprisers or motion picture enterprisers'

organizations using a standard-form contract referred to in paragraph (1), in the

provision of financial support for film and video product industries (including

investment in cultural industries made by investment associations funded under the

Framework Act on the Promotion of Cultural Industries in accordance with Articles 8

and 9 of the same Act), such as support for the Motion Picture Development Fund

under Article 23 of this Act.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

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Article 3-6 (Protection from Accidents) (1) Motion picture enterprisers shall take

appropriate measures to protect motion picture workers from accidents occurring in

the course of filming motion pictures.

(2) The State may provide support for the measures referred to in paragraph (1),

within budgetary limits.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

Article 3-7 (Execution of Vocational Training) (1) The Minister of Culture, Sports and

Tourism may execute vocational training for motion picture workers who wish to

obtain vocational training.

(2) In order to improve the efficiency of vocational training prescribed in paragraph

(1), the Minister of Culture, Sports and Tourism may outsource the execution of

vocational training to a vocational education and training institution or a person

capable of executing vocational education and training. In such cases, the Vocational

Education and Training Promotion Act shall apply mutatis mutandis to the matters

necessary for outsourcing, etc. vocational training.

(3) The State may provide financial support necessary for the execution of

vocational training under paragraph (1) and pay a vocational training allowance to

motion picture workers who participate in vocational training, within budgetary limits.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

Article 3-8 (Sanctions against Delayed Payment of Wages, etc.)

If any motion picture enterpriser delays payment of wages of motion picture workers

during the production period of a motion picture, violates Article 3-4, or fails to use

a standard-form contract referred to in Article 3-5 (1), the Minister of Culture,

Sports and Tourism and the Korean Film Council may exclude such motion picture

enterprise from projects executed with financial support for film and video product

industries (including investment in cultural industries made by investment

associations funded under the Framework Act on the Promotion of Cultural

Industries in accordance with Articles 8 and 9 of the same Act), such as the support

of the Motion Picture Development Fund under Article 23 of this Act.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

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SECTION 2 Korean Film Council

Article 4 (Establishment)

The Korean Film Council shall be established under the jurisdiction of the Ministry of

Culture, Sports and Tourism in order to devise a qualitative enhancement of motion

pictures and to promote Korean motion pictures and the film industry.<Amended by Act

No. 8852, Feb. 29, 2008>

Article 5 (Corporate Personality)

The Korean Film Council shall be a juristic person.

Article 6 (Articles of Association) (1) The articles of association of the Korean Film

Council shall contain the following: <Amended by Act No. 11314, Feb. 17, 2012>

1. Objective;

2. Name;

3. Matters related to the principal office;

4. Matters related to executive officers (referring to the members, including the

chairperson and vice-chairperson of the Korean Film Council, and auditors thereof;

hereafter the same shall apply in this paragraph) and employees;

5. Matters related to standards for remuneration for executive officers;

6. Scope and details of business and matters related to the execution thereof;

7. Matters related to the property and accounting;

8. Matters related to organization and structure;

9. Matters related to the alteration in the articles of association;

10. Matters related to dissolution;

11. Other matters related to the operation of the Council.

(2) When preparing or altering the articles of association, the Council shall obtain

authorization from the Minister of Culture, Sports and Tourism.<Newly Inserted by Act

No. 11314, Feb. 17, 2012>

Article 7 (Registration) (1) The Korean Film Council shall be deemed to be established

by registering its establishment at the location of its principal office.

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(2) Necessary matters concerning the establishment registration of the Korean Film

Council shall be prescribed by Presidential Decree.

Article 8 (Composition of Korean Film Council) (1) The Korean Film Council shall

consist of nine members including one chairperson and one vice chairperson.

(2) The members of the Korean Film Council shall be appointed by the Minister of

Culture, Sports and Tourism, from among persons with expertise and abundant

experience in the movie arts, the film industry, etc, taking into account the balance of

their gender, age, expertise, etc.: Provided, That three or more motion picture

enterprisers shall not be included as its members.<Amended by Act No. 8852, Feb. 29,

2008; Act No. 11314, Feb. 17, 2012; Act No. 11902, Jul. 16, 2013>

(3) The chairperson of the Korean Film Council shall be appointed by the Minister of

Culture, Sports and Tourism, from among the multiple candidates recommended by

the Executive Officer Recommendation Committee provided for in Article 29 (1) of

the Act on the Management of Public Institutions (hereinafter referred to as the

"Executive Officer Recommendation Committee”), whereas the vice-chairperson

shall be elected from among and by the members of the Korean Film Council.

<Amended by Act No. 11314, Feb. 17, 2012>

(4) Necessary matters concerning the composition and operation of the Korean Film

Council including the standards, etc. for nomination of its members shall be

prescribed by Presidential Decree.

Article 9 (Chairperson' Duties, etc.) (1) The chairperson of the Korean Film Council

shall represent the Korean Film Council, and exercise overall control over its affairs.

(2) If the chairperson of the Korean Film Council is unable to perform his/her duties

due to unavoidable reasons, the vice chairperson shall act on behalf of the

chairperson, and if both the chairperson and the vice chairperson are unable to

perform their duties, a member named in order of seniority shall act on behalf of the

chairperson.

(3) Members other than the chairperson of the Korean Film Council shall be non-

permanent.

Article 10 (Term of Office of Members) (1) The term of office of the chairperson of the

Korean Film Council shall be three years and the term of office of members who are

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not the chairperson, two years. <Amended by Act No. 11314, Feb. 17, 2012>

(2) The chairperson and members of the Korean Film Council may be reappointed

for a one-year consecutive term.<Newly Inserted by Act No. 11314, Feb. 17, 2012>

(3) When the position of the chairperson or a member of the Korean Film Council

becomes vacant, the Minister of Culture, Sports and Tourism shall appoint a

successor within 30 days from the date of occurrence of the vacancy. In such cases,

the term of office of a person who is appointed as successor, filling the vacant post

of the chairperson or a member, shall start anew.<Amended by Act No. 8852, Feb. 29,

2008; Act No. 11314, Feb. 17, 2012>

(4) The members of the Korean Film Council, including its chairperson and vice

chairperson, whose term of office has expired pursuant to paragraph (1) and their

successors are not yet appointed, shall continue to perform their duties until their

successors are to be appointed.<Amended by Act No. 11314, Feb. 17, 2012>

Article 11 Deleted. <by Act No. 11314, Feb. 17, 2012>

Article 12 (Disqualification of Members)

Any of the following persons shall be disqualified for being a member of the Korean

Film Council:<Amended by Act No. 11314, Feb. 17, 2012>

1. A public official (excluding a public educational official under the Public

Educational Officials Act and a judicial officer);

2. A member of a political party under the Political Parties Act;

3. A person referred to in any subparagraph of Article 33 of the State Public Officials

Act;

4. Deleted;<by Act No. 11902, Jul. 16, 2013>

5. A video product business operator who has filed a report or registration pursuant

to Article 57 (1) or 58 (1);

6. A person under Article 34 (1) 2 of the Act on the Management of Public

Institutions.

Article 12-2 (Prohibition on Participation)

No member of the Korean Film Council shall participate in deliberations and

resolutions on matters related to the interests of the person in question or any

person with whom he/she has kinship under Article 777 of the Civil Act.

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[This Article Newly Inserted by Act No. 11314, Feb. 17, 2012]

Article 13 (Independence of Members in Performing Their Duties, and Guarantee of

Their Status) (1) The members of the Korean Film Council shall be free from any

instructions or interventions while performing their duties during their terms of

office.

(2) The members of the Korean Film Council shall not be dismissed against their

will, except for the cases falling under each of the following subparagraphs:

1. Where he/she falls under any disqualification referred to in any subparagraph of

Article 12;

2. Where he/she becomes unable to perform the duties for a long time due to a

physical or mental impairment.

Article 14 (Korean Film Council's Functions) (1) The Korean Film Council shall

deliberate and resolve on matters falling under each of the following subparagraphs:

<Amended by Act No. 8280, Jan. 26, 2007; Act No. 9096, Jun. 5, 2008>

1. Presentation of views on the formulation and alteration of basic plans, etc. for the

promotion of motion pictures;

2. Formulation and implementation of plans for operation of the Korean Film Council;

3. Enactment, amendment and repeal of the articles of association and the rules of

the Korean Film Council;

4. Management and operation of the facilities related to the production of films;

5. Management and operation of the Motion Picture Development Fund under Article

23;

6. Survey, research, education and training for promoting Korean motion pictures and

fostering the film industry;

7. Support for the distribution of motion pictures;

7-2. Matters concerning the development of film technology related to digital

cinema, establishment and dissemination of standards therefor, quality certification,

facility standards, etc. of movie theaters, etc.;

8. Overseas advancement of Korean motion pictures and international exchanges;

9. Development of art films, animations, small films and short films;

10. Handling of dissatisfactions and petitions of moviegoers;

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11. Deleted;<by Act No. 9657, May 8, 2009>

12. Recognition of jointly produced motion pictures as Korean motion pictures under

Article 27;

13. Operation of the integrated computer network for handling movie theater

admission tickets under Article 39;

14. Operation and improvement of a system obliging the operators of movie theaters

to screen Korean motion pictures under Article 40;

15. Implementation of policies for promoting the video industry;

16. Other matters deemed necessary by the Korean Film Council.

(2) The Korean Film Council shall be deemed as the deliberative committee on fund

management under Article 74 (1) of the National Finance Act, when it deliberates on

an important matter related to management and operation of the Motion Picture

Development Fund pursuant to paragraph (1) 5.<Newly Inserted by Act No. 8280, Jan. 26,

2007>

Article 15 (Quorum for Resolution)

The Korean Film Council shall adopt resolutions with the affirmative vote of a

majority of the incumbent members.<Amended by Act No. 8280, Jan. 26, 2007; Act No.

11314, Feb. 17, 2012>

Article 16 (Meetings Open to Public) (1) Meetings of the Korean Film Council shall be

made open to the public as prescribed by its rules: Provided, That the same shall not

apply to the case where the Korean Film Council has resolved otherwise because it

is deemed especially necessary to conduct its affairs fairly.

(2) The Korean Film Council shall prepare its minutes as prescribed by its rules.

Article 17 (Sectional Committees, etc.) (1) The Korean Film Council may compose and

operate sectional committees to perform its duties under Article 14, and matters

necessary to compose and operate them shall be prescribed by the Korean Film

Council's rules.

(2) Any member who is a motion picture enterpriser shall not be a member of a

sectional committee directly related to the field in which he/she runs business by

himself/herself among the fields classified in items of subparagraph 9 of Article 2.

<Newly Inserted by Act No. 11902, Jul. 16, 2013>

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(3) The Korean Film Council may establish and operate a research institution to

perform the duties under Article 14 (1) 6, and matters necessary for the

establishment and operation thereof shall be prescribed by the Korean Film Council's

rules.<Amended by Act No. 8280, Jan. 26, 2007>

Article 18 (Compilation of Budget, etc.) (1) The Korean Film Council shall obtain

approval of the Minister of Culture, Sports and Tourism for the basic direction and

scale for the compilation of annual budget, as prescribed by Presidential Decree.

<Amended by Act No. 8852, Feb. 29, 2008>

(2) The Minister of Culture, Sports and Tourism may request the Korean Film

Council to furnish the data necessary for the business plans, budget and the

settlement of accounts of the Korean Film Council.<Amended by Act No. 8852, Feb. 29,

2008>

Article 19 (Auditor) (1) The Korean Film Council shall have one auditor in order to audit

matters related to its business and accounting.

(2) The auditor shall be appointed by the Minister of Strategy and Finance, from

among the multiple candidates who have been recommended by the Executive Officer

Recommendation Committee and have undergone deliberations and resolutions by the

Committee for Management of Public Institutions prescribed in Article 8 of the Act

on the Management of Public Institutions, and such auditor shall be a non-standing

auditor.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11314, Feb. 17, 2012>

(3) The term of office of the auditor shall be three years, and the auditor may be

re-appointed for a one-year consecutive term.<Amended by Act No. 11314, Feb. 17,

2012>

Article 20 (Secretariat) (1) The Korean Film Council shall have a secretariat in order to

assist in the handling of the Korean Film Council's affairs.

(2) The secretariat shall have one secretary-general, and the chairperson of the

Korean Film Council shall appoint the secretary-general with the consent of the

Korean Film Council.

Article 21 (Enactment, Amendment, etc. of Korean Film Council's Rules)

The Korean Film Council shall, when it intends to enact, amend or repeal its rules,

make a public notification thereof on the Internet, etc. not less than 20 days in

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advance, and when it has enacted, amended or repealed its rules, the Korean Film

Council shall without delay publish it on the Internet, etc.

Article 22 (Assistance by National Treasury)

Expenses necessary to operate the Korean Film Council may be assisted by the

National Treasury.

SECTION 3 Motion Picture Development Fund

Article 23 (Establishment, etc. of Fund) (1) The Motion Picture Development Fund

(hereinafter referred to as the "Fund") shall be established in order to improve

motion pictures qualitatively and to promote and develop Korean motion pictures and

the film and video product industries.

(2) The Fund shall be managed and operated by the Korean Film Council under

Article 4, and shall be separately administered as an independent account.

(3) Matters necessary for the management and operation of the Fund shall be

prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8280, Jan. 26, 2007]

Article 24 (Raising of Fund)

The Fund shall be raised from financial resources falling under each of the following

subparagraphs:

1. Contributions from the Government;

2. Contributions from private individuals and legal entities;

3. Charges on movie tickets under Article 25-2;

4. Earnings from the management of the Fund;

5. Other revenues prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8280, Jan. 26, 2007]

Article 25 (Use of Fund) (1) The Fund shall be used for any of the following projects:

<Amended by Act No. 8280, Jan. 26, 2007; Act No. 9096, Jun. 5, 2008; Act No. 11314, Feb. 17,

2012>

1. Assistance in the promotion of creation and production of Korean motion pictures;

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2. Investment in investment associations specializing in motion pictures;

3. Assistance in the export and international exchange of Korean motion pictures;

4. Assistance in the production of small or short films;

5. Assistance in the repair, maintenance and renovation of the facilities of movie

theaters;

5-2. Assistance for projects for the improvement of welfare of workers engaged in

the film industry;

6. Assistance for film-related projects of film-related organizations and civic groups

recognized by the Korean Film Council;

6-2. Assistance for projects for education, training, etc. related to motion pictures;

7. Assistance for projects related to the development of Korean art movies;

8. Assistance for projects related to the promotion of diversification and public

responsibilities of the film and video culture;

8-2. Assistance for projects related to the development of film technology;

9. Assistance for projects related to the promotion of the video industry;

10. Assistance for projects for promoting the rights of people with disabilities and

other underprivileged people to enjoy movies;

10-2. Assistance in the encouragement of the inter-Korean exchanges in motion

pictures;

11. Expenses for raising, operating, and managing the Fund;

12. Other assistance for projects for the promotion of the film and video industry to

which the Korean Film Council resolves to provide supports as necessary.

(2) The amount of the Fund spendable for the project under paragraph (1) 12 shall

not exceed 15/100 of the annual spending of the Fund.<Amended by Act No. 8280, Jan. 26,

2007>

Article 25-2 (Collection of Charges) (1) The Korean Film Council may collect charges

prescribed by Presidential Decree within five percent of each movie ticket value

from audiences entering movie theaters (including non-permanent theaters;

hereafter the same shall apply in this Article) for the development of Korean films

and promotion of movie and video product industries: Provided, That the same shall

not apply to audiences entering any of the following movie theaters: <Amended by Act

No. 13306, May 18, 2015>

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1. A movie theater that has screened any motion picture falling under Article 38 (1)

2, for a period of at least 60/100 of the annual running days in the immediately

preceding year;

2. A movie theater, the movie ticket sales of which (where at least two movie

theaters are operated, referring to the aggregate movie tickets sales of each movie

theater; and where the period of business in the immediately preceding year is

shorter than one year, referring to an amount calculated by converting the sales of

movie tickets in the relevant period to annual sales) in the immediately preceeding

year is less than the amount prescribed by Presidential Decree.

(2) Every movie theater operator shall collect the charges under paragraph (1) from

the audiences and pay the relevant charges to the Korean Film Council by payment

deadline prescribed by Presidential Decree.<Amended by Act No. 13306, May 18, 2015>

(3) Whenever paying charges collected pursuant to paragraph (2), every movie

theater operator shall submit the materials related to the receipt of such charges,

including a copy of the charge receipt ledger, to the Korean Film Council: Provided,

That where the Korean Film Council is able to verify the charges that should be

collected by every movie theater operator through the integrated computer network

for processing movie theater admission tickets referred to in Article 39 (1), no

materials related to the receipt of such charges need be submitted.<Amended by Act

No. 13306, May 18, 2015>

(4) Where any movie theater operator fails to pay charges collected from the

audiences by the payment deadline pursuant to paragraph (2), the Korean Film

Council may impose additional dues quivalent to 3/100 of the amount in arrears.

<Newly Inserted by Act No. 13306, May 18, 2015>

(5) Where any movie theater operator fails to pay charges under paragraph (2) and

additional dues under paragraph (4), by the payment deadline, the Korean Film

Council may collect them in the same manner as delinquent national taxes are

collected.<Newly Inserted by Act No. 13306, May 18, 2015>

(6) Matters necessary for the method of collecting charges and additional dues and

the paymnet deadline thereof, submission of materials related to the receipt of

charges, etc. shall be prescribed by Presidential Decree.<Amended by Act No. 13306,

May 18, 2015>

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(7) The Korean Film council may, with approval from the Minister of Culture, Sports

and Tourism, pay every movie theater operator an entrustment commission for

collecting and paying charges under paragraph (2). In such cases, no amount of

commission shall exceed 3/100 of the amount of charges collected pursuant to

paragraph (1).<Newly Inserted by Act No. 12857, Dec. 23, 2014>

[This Article Newly Inserted by Act No. 8280, Jan. 26, 2007]

Article 25-3 (Evaluation of Performance) (1) The Minister of Culture, Sports and

Tourism shall measure and evaluate the performance of spending the Fund for the

projects under subparagraphs of Article 25 (1), and shall notify the Korean Film

Council of the results thereof no later than the end of March next year. <Amended by

Act No. 8852, Feb. 29, 2008>

(2) The Minister of Culture, Sports and Tourism shall establish the target for

performance and the guidelines for evaluation subject to the consultation with the

Korean Film Council for measuring and evaluating the performance under paragraph

(1).<Amended by Act No. 8852, Feb. 29, 2008>

(3) The Minister of Culture, Sports and Tourism may, if it is deemed as a result of

the evaluation of performance under paragraph (1) that there is a matter to be

corrected, demand the Korean Film Council to correct such a matter.<Amended by Act

No. 8852, Feb. 29, 2008>

(4) Matters necessary for the method, procedure, etc. for the evaluation of

performance shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 8280, Jan. 26, 2007]

SECTION 4 Report, etc. of Motion Picture Enterprisers

Article 26 (Report, etc. of Motion Picture Enterprisers) (1) A person who intends to

become a motion picture enterpriser shall report his/her business to the Mayor of a

Special Self-Governing City, the Governor of a Special Self-Governing Province or

the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu;

hereinafter referred to as "head of a Si/Gun/Gu"). The same shall also apply to where

he/she alters the reported matters. <Amended by Act No. 9657, May 8, 2009; Act No. 13306,

May 18, 2015>

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(2) Matters necessary concerning procedures for the report and altered report under

paragraph (1), the issuance and re-issuance of report certificates, etc. shall be

prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.<Amended by

Act No. 8852, Feb. 29, 2008>

Article 27 (Recognition of Jointly Produced Motion Pictures as Korean Motion Pictures)

(1) A person who makes a jointly produced motion picture may be granted the

recognition of the jointly produced motion picture as a Korean motion picture if

human or material factors involved in the production of the motion picture or the

artistic or technical features of the motion picture meet the standards for recognition

as Korean motion picture.

(2) A person who intends to be granted the recognition as a Korean motion picture

under paragraph (1) shall file an application therefor with the Korean Film Council.

(3) Matters necessary for the procedures and methods of recognition, the standards

for recognition as Korean motion pictures, etc. under paragraphs (1) and (2) shall be

prescribed by Presidential Decree.

(4) Where a jointly produced motion picture recognized as Korean motion picture no

more meets the standards for recognition as Korean motion pictures after completion

of its production, the Korean Film Council may cancel the recognition of such motion

picture as Korean motion picture.

Article 28 (Supply and Distribution of Motion Pictures) (1) When a motion picture

enterpriser supplies motion pictures to any other motion picture enterpriser, the

former shall supply the latter with such motion pictures at fair and rational market

prices without discrimination.

(2) The Minister of Culture, Sports and Tourism shall, when he/she makes a

judgment that the distribution order of motion pictures is in violation of Article 3-2

(1), 19 (1), 23 (1), 26 (1) or 29 (1) of the Monopoly Regulation and Fair Trade Act,

notify the Fair Trade Commission of the fact.<Amended by Act No. 8852, Feb. 29, 2008>

(3) The Minister of Culture, Sports and Tourism shall endeavor to prevent the

author's property rights of a motion picture enterpriser and the rights protected

under the Copyright Act from being infringed on in the course of manufacturing,

screening and distributing the motion picture.<Newly Inserted by Act No. 10109, Mar. 17,

2010>

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Article 28-2 (Reporting on Business Closure and Ex Officio Cancellation) (1) Where

any person who has reported under Article 26 closes his/her business, he/she shall

report on business closure with the head of the competent Si/Gun/Gu within seven

days from the date of business closure, as prescribed by Ordinance of the Ministry of

Culture, Sports and Tourism.

(2) Where any person subject to reporting on business closure under paragraph (1)

fails to report thereon, the head of the competent Si/Gun/Gu may ex officio cancel

the reported matters after verifying the business closure, as prescribed by

Ordinance of the Ministry of Culture, Sports and Tourism.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

Article 28-3 (Assistance in Shooting of Visual Materials) (1) Where necessary for the

promotion of the film and video industries, the State and local governments may

provide assistance in filming visual materials, including provision of local sets for

filming in Korea.

(2) The head of a local government may request cooperation to the heads of relevant

administrative agencies, to assist in filming visual materials under paragraph (1). In

such cases, the heads of the relevant administrative agencies in receipt of such

request shall provide cooperation, except in extenuating circumstances.

(3) The Minister of Culture, Sports and Tourism may determine and publicly

announce standards for cooperation in shooting of visual materials, following

consultation with the heads of relevant administrative agencies.

(4) Matters necessary for providing assistance under paragraph (1) and requesting

cooperation under paragraph (2) shall be prescribed by municipal ordinance of the

relevant local government in accordance with the standards prescribed by

Presidential Decree.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

Article 28-4 (Film Commission) (1) In order to perform the following affairs, the

Special Metropolitan City, a Metropolitan city, a Special Self-Governing City, a Do

and a Special Self-Governing Province (hereinafter referred to as "City/Do") may

establish a film commission:

1. Invitation of and support in film and video production and shooting;

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2. Operation of facilities related to film and video production;

3. Provision of sets for filming films and videos and information related thereto;

4. Promotion of regional film and video culture;

5. Utilization of facilities related to films and videos and sets for filming as tourist

attractions;

6. Other matters prescribed by municipal ordinance of the relevant City/Do.

(2) A local government may subsidize expenses incurred in the operation of the film

commission, within budgetary limits.

(3) Matters necessary for the organization and operation of the film commission shall

be prescribed by municipal ordinance of the relevant City/Do, as prescribed by

Ordinance of the Ministry of Culture, Sports and Tourism.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

SECTION 5 Film Rating and Restriction on Advertisement and Publicity

Article 29 (Film Rating) (1) Motion picture enterprisers shall be granted the rating for

motion pictures (including the trailers and advertising films) produced or imported by

themselves, by the Korea Media Rating Board referred to in Article 71 (hereinafter

referred to as the "Korea Media Rating Board"), before such motion pictures are

shown: Provided, That the same shall not apply to the following motion pictures:

<Amended by Act No. 8852, Feb. 29, 2008>

1. Small films and short films to be shown free of charge at a specific place,

exclusively for specific persons not including juveniles;

2. Motion pictures to be shown in the film festivals recommended by the Korean Film

Council;

3. Any motion picture recognized by the Minister of Culture, Sports and Tourism as

one that does not need a rating, such as those shown for the purpose of the

international cultural exchange.

(2) The rating for motion pictures under the main sentence of paragraph (1) shall be

classified as detailed in the following subparagraphs depending on the contents of a

motion picture and the degree of the presentation of image, etc.: Provided, That

advertising films that are shown before or after the showing of the motion picture

shall receive a rating only when they fall under subparagraph 1, and trailers shall be

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rated according to subparagraph 1 or 4, and trailers rated “juveniles not admitted”

shall be shown only before or after the showing of motion pictures rated “juveniles

not admitted”:<Amended by Act No. 9657, May 8, 2009; Act No. 11314, Feb. 17, 2012>

1. All ages admitted: Motion pictures that people of all ages are permitted to view;

2. Persons aged 12 or older admitted: Motion pictures that people aged 12 or more

are permitted to view;

3. Persons aged 15 or older admitted: Motion pictures that people aged 15 or more

are permitted to view;

4. Juveniles not admitted: Motion pictures that juveniles are not permitted to view;

5. Restricted: Motion pictures that need to be restricted to a certain extent in its

screening, advertising and publicity, as they excessively express lewdness,

violence, social acts, etc. and thus are likely to markedly hamper the universal

human dignity, social values, good morals, or national sentiment.

(3) No one shall screen the motion pictures that have not been rated, in violation of

paragraphs (1) and (2).

(4) In cases of a motion picture with any rating provided in paragraph (2) 2 or 3, no

one shall admit any person whose age has yet to turn to be permitted to view such

motion picture: Provided, That the same shall not apply to a case where such a

person is accompanied by his/her parents or other guardians.

(5) In cases of a motion picture with any rating provided in paragraph (2) 4 or 5, no

one shall admit any juvenile to view such motion picture.

(6) No one shall alter a rating classified under paragraph (1) or show a motion

picture by altering its contents differently from the rated version.

(7) The detailed criteria for rating classifications under subparagraphs of paragraph

(2) shall be prescribed by Presidential Decree by taking account of the following

matters:<Newly Inserted by Act No. 9657, May 8, 2009>

1. Matters concerning the maintenance of the democratic basic order and the respect

for human rights pursuant to the Constitution of the Republic of Korea;

2. Matters concerning the sound domesticity and the protection of children and

juveniles;

3. Matters concerning the respect for social ethics;

4. Matters concerning the maintenance of the national identity and diplomatic

relations;

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5. Matters concerning the violence, lewdness, anti-social acts, etc. of motion

pictures in their themes and contents;

6. Matters concerning the universal human dignity and social values, good morals,

and national sentiment.

(8) The Korea Media Rating Board shall deliberate on any matter concerning the

provision of content information when rating a motion picture pursuant to paragraph

(1).<Newly Inserted by Act No. 9657, May 8, 2009>

(9) The Korea Media Rating Board shall deliver the following documents to the

applicant when it has rated a motion picture:<Newly Inserted by Act No. 9657, May 8,

2009>

1. A rating classification certificate stating the rating and content information of the

motion picture;

2. Documents stating duties to be fulfilled according to the rating classification.

(10) Necessary matters for the procedures and methods of rating classification,

procedures and methods of providing the content information, and procedures, etc. of

delivering a rating classification certificate under paragraphs (1), (8), and (9) shall

be determined by the rules of the Korea Media Rating Board.<Newly Inserted by Act No.

9657, May 8, 2009>

Article 30 Deleted. <by Act No. 9657, May 8, 2009>

Article 31 (Re-classification of Film Rating) (1) A motion picture enterpriser who is

dissatisfied with the rating of his/her motion picture granted under Article 29 may

raise an objection to the Korea Media Rating Board to review the rating, specifying

the reasons therefor, within 30 days from the day when it has been rated.

(2) Upon receipt of an objection under paragraph (1), the Korea Media Rating Board

shall make the review thereof and if there exist good reasons for such an objection,

shall reclassify the rating of the motion picture and then notify the person who has

raised such an objection or his/her agent thereof within 15 days after receipt of the

objection, but if there exist no good reasons for such an objection, shall notify the

said person or his/her agent as such.

(3) Matters necessary for the application procedures for review, the notification, etc.

referred to in paragraphs (1) and (2) shall be prescribed by the rules of the Korea

Media Rating Board.

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Article 32 (Restrictions on Distribution, Posting, etc. of Advertising or Publicity

Materials) (1) A person who intends to distribute or post advertisements (including

advertisements in the form of visual materials) or publicity materials related to

motion pictures or to present them for public viewing through the information and

communications networks shall in advance obtain a verification from the Korea Media

Rating Board as to whether they are harmful to juveniles: Provided, That the same

shall not apply to the advertising or publicity materials related to any restricted-

rated motion pictures. <Amended by Act No. 9096, Jun. 5, 2008; Act No. 9657, May 8, 2009; Act

No. 11314, Feb. 17, 2012>

(2) Advertising or publicity materials verified as harmful to juveniles under

paragraph (1) shall not be distributed or posted: Provided, That the distribution or

posting of advertising or publicity materials through information and communications

networks shall be in accordance with Article 42-2 of the Act on Promotion of

Information and Communications Network Utilization and Information Protection, etc.

(3) Necessary matters concerning procedures and methods for verifying whether to

be harmful to juveniles under paragraph (1) shall be prescribed by the rules of the

Korea Media Rating Board.

Article 33 (Limits on Advertisement and Publicity of Restricted Motion Pictures)

Any person who conducts the advertisement or publicity of any motion picture rated

“restricted” shall put up the advertising or publicity materials concerned on the

interior walls of restricted movie theaters. In this case, such materials shall be put up

in a manner that they cannot be seen from outside such restricted movie theaters.

SECTION 6 Korean Film Archive and Preservation of Motion Picture Films, etc.

Article 34 (Establishment, etc. of Korean Film Archive) (1) The Korean Film Archive

shall be established under the Ministry of Culture, Sports and Tourism to collect,

preserve and display film materials including motion pictures and video products,

documents related thereto, and sound materials, and to facilitate the artistic,

historical and educational development of motion pictures and video products.

<Amended by Act No. 8852, Feb. 29, 2008>

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(2) The Korean Film Archive shall be a juristic person.

(3) The Korean Film Archive shall have officers and employees as prescribed by its

articles of association.

(4) The Korean Film Archive shall perform the following projects:

1. The preservation of motion picture films, etc. submitted pursuant to Article 35 and

compensation therefor;

2. The collection of film materials including domestic and foreign motion pictures and

video products, documents related thereto, and sound materials;

3. The preservation and restoration of gathered film materials including motion

pictures and video products, documents related thereto, and sound materials;

4. The utilization and display of film materials including motion pictures and video

products, documents related thereto, and sound materials to facilitate the

development of the film and video culture;

5. Projects for the informatization of film materials and the utilization of motion

picture contents;

6. Other projects necessary to accomplish the purposes of establishing the Korean

Film Archive.

(5) The provisions of the Civil Act concerning the incorporated foundation shall

apply mutatis mutandis to the Korean Film Archive except as otherwise provided for

in this Act.

(6) Expenses necessary to collect, preserve and utilize film materials as provided in

paragraph (4) and to operate the Korean Film Archive may be provided from the

National Treasury.

Article 35 (Submission of Motion Picture Films, etc.) (1) When motion picture makers

obtain the rating of their motion pictures under Article 29 (1), they shall submit the

original films, disks, etc. thereof or the copies and scripts thereof (hereinafter

referred to as the "motion picture films, etc.") to the Korean Film Archive, as

prescribed by Presidential Decree.

(2) Where any person who imports or produces foreign motion pictures or the

motion pictures referred to in subparagraphs of Article 29 (1) wants to preserve

such motion pictures, he/she may submit the motion picture films, etc. to the Korean

Film Archive.

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(3) The Korean Film Archive shall, to those who submit the motion picture films, etc.

under paragraphs (1) and (2), give fair compensation as prescribed by Presidential

Decree. In this case, financial resources necessary to compensate for the motion

picture films, etc. shall be borne by the National Treasury.

SECTION 7 Screening of Motion Pictures

Article 36 (Registration of Movie Theaters) (1) Any person who intends to install and

operate a movie theater shall get such movie theater registered with the head of a

Si/Gun/Gu having jurisdiction over a place where such movie theater is located after

equipping the movie theater with facilities prescribed by Ordinance of the Ministry of

Culture, Sports and Tourism. The same shall also apply to cases where he/she alters

registered matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9657, May 8, 2009>

(2) The Minister of Culture, Sports and Tourism may designate and publish any

place or establishment in which the installation of any restricted movie theater is

limited, as prescribed by Presidential Decree.<Amended by Act No. 8852, Feb. 29, 2008>

(3) The procedures for the registration of movie theaters and the alteration of such

registration under paragraph (1), the delivery of registration certificates, and other

matters necessary for registration shall be prescribed by Presidential Decree.

Article 37 (Safety Precautions against Disasters) (1) Any person who has gotten his/her

movie theater registered to install and operate it under Article 36 (1) (hereinafter

referred to as "movie theater operator") shall draw up a plan for the prevention of a

fire or other disaster and a safety-precaution plan that includes the duties to be

performed by employees working for his/her movie theater, their disposition plan,

etc. in the event of any fire or other disaster and report thereon to the head of

Si/Gun/Gu having jurisdiction over it. In this case, the head of Si/Gun/Gu shall

promptly notify the head of the competent fire station of the plan for

countermeasures against disasters as reported. <Amended by Act No. 8280, Jan. 26, 2007>

(2) Other necessary matters concerning the safety precautions of movie theaters

against disasters shall be prescribed by Presidential Decree.

Article 38 (Assistance to Exclusive Movie Theaters) (1) The Minister of Culture, Sports

and Tourism may provide assistance to the movie theaters that screen any of the

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following motion pictures for not less than 60/100 of the annual running days

(hereinafter referred to as "exclusive movie theaters") in order to protect juveniles

and proliferate the movie art: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 12353, Jan.

28, 2014>

1. Korean motion pictures;

2. Animations, small films, short films, or the art films recognized by the Korean Film

Council;

3. Motion pictures that juveniles are permitted to view (referring to any motion

pictures that fall under Article 29 (2) 1 through 3).

(2) In order to guarantee the rights of people with disabilities to enjoy culture, the

Minister of Culture, Sports and Tourism may provide assistance to exclusive movie

theaters that screen the motion pictures making use of sign language, captions,

descriptive video service, etc. for not less than 30/100 of the annual running days

among exclusive movie theaters referred to in paragraph (1).<Newly Inserted by Act No.

12353, Jan. 28, 2014>

(3) Matters necessary for assistance to the exclusive movie theaters shall be

prescribed by Presidential Decree.

Article 38-2 (Improvement of Environments to Enjoy Local Motion Pictures)

In order to improve the right to enjoy motion pictures in local areas, the Ministry of

Culture, Sports and Tourism and the Korean Film Council may provide support to

local theaters, and assistance for the smooth distribution of motion pictures, public

screening, construction of facilities for education in film and video culture, etc.

[This Article Newly Inserted by Act No. 12857, Dec. 23, 2014]

Article 39 (Integrated Computer Network for Processing Movie Theater Admission

Tickets) (1) The Korean Film Council shall operate an integrated computer network

for processing movie theater admission tickets to ascertain the number of attending a

movie theater and other matters relating to a movie theater promptly and accurately.

<Amended by Act No. 10109, Mar. 17, 2010; Act No. 13306, May 18, 2015>

(2) Each movie theater operator shall connect to the integrated computer network

for handling movie theater admission thickets operated by the Korean Film Council.

<Newly Inserted by Act No. 10109, Mar. 17, 2010>

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(3) Each person who has joined the integrated computer network for handling movie

theater admission tickets under paragraph (2) shall transmit the data related to the

matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism,

such as the number of audiences entering the relevant movie theater and the amount

of sales of admission tickets, without intentional omission or manipulation.<Amended

by Act No. 13306, May 18, 2015>

(4) Matters necessary for operation, joining, etc. of the integrated computer network

for handling movie theater admission tickets, in addition to the matters prescribed in

paragraphs (1) through (3), shall be prescribed by Presidential Decree.<Newly

Inserted by Act No. 13306, May 18, 2015>

Article 40 (Mandatory Screening of Korean Motion Pictures)

Operators of movie theaters shall screen Korean motion pictures for not less than

the annual running days as prescribed by Presidential Decree.

Article 41 (Report of Motion Picture Screening) (1) When the operator of any movie

theater or the person who installs and operates any non-permanent movie theater

intends to screen a motion picture (excluding any motion picture provided for in each

subparagraph of Article 29 (1); hereafter in this Article the same shall apply) or to

change a motion picture on show into another one, he/she shall file a report with the

head of Si/Gun/Gu on the matters prescribed by Ordinance of the Ministry of Culture,

Sports and Tourism including the title, running period, etc. of such motion picture.

The same shall also apply to a case where he/she intends to suspend or resume the

screening of the relevant motion picture or to reduce or extend the running period of

the motion picture. <Amended by Act No. 8852, Feb. 29, 2008>

(2) Notwithstanding the paragraph (1), the manager of a film theater who has joined

the integrated computer network for handling movie theater admission thickets

operated by the Korean Film Council under Article 39 is exempted from filing a

report under paragraph (1). In such cases, the Korean Film Council shall notify the

head of the relevant Si/Gun/Gu of the matters reported under paragraph (1).

<Amended by Act No. 10109, Mar. 17, 2010>

(3) Necessary matters concerning the procedures and methods for report or

notification under paragraphs (1) and (2) shall be prescribed by Ordinance of the

Ministry of Culture, Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008>

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Article 42 (Restrictions on Motion Picture Screening)

The head of Si/Gun/Gu shall prohibit or suspend the screening of the motion pictures

falling under any one of the following subparagraphs:

1. Motion pictures not rated for showing, in violation of Article 29 (1) and (2);

2. Motion pictures rated for showing by any false or other unjust means;

3. Motion pictures shown by altering or violating their rating;

4. Motion pictures shown by altering their contents differently from the rated ones;

5. Other motion pictures not reported, in violation of Article 41.

Article 43 (Limits on Screening and Distribution of Restricted Motion Pictures) (1) No

one shall screen any restricted motion picture in a place or establishment that is not

a restricted movie theater.

(2) No one shall make any motion picture that is the same as any restricted motion

picture into any other visual product, including a video product, etc. or screen, sell,

transmit or rent such produced visual product or offer it for the purpose of viewing.

(3) Every restricted movie theater shall be prohibited from screening the motion

pictures specified in Article 29 (2) 1 through 4.

Article 44 (Qualified Projectionists)

The operators of movie theaters shall get any projectionists who have obtained the

national technical qualifications for motion picture projection under the conditions as

prescribed by Presidential Decree to screen the relevant motion pictures: Provided,

That the same shall not apply to the motion pictures, including small films, prescribed

by Presidential Decree.

Article 45 (Suspension of Business and Cancellation of Registration against Movie

Theaters) (1) The head of Si/Gun/Gu may, in case that the operator of a movie

theater falls under any one of the following subparagraphs, suspend his/ her business

for a fixed period of not more than 3 months or cancel the registration of the movie

theater, as prescribed by Presidential Decree: Provided, That in the cases of falling

under subparagraph 1 or 8, the registration shall be cancelled:

1. Where he/she has got the movie theater registered in any false or other unjust

manner;

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2. Where he/she has violated the provisions of Article 29 (3) through (6);

3. Where he/she has put up the advertising or publicity materials, or put them up in

such a manner as to be seen from outside the restricted movie theater, in violation

of Article 33;

4. Where he/she has failed to meet the standards for facilities referred to in Article

36 (1);

5. Where he/she has failed to screen Korean motion pictures for not less than the

annual running days provided for in Article 40;

6. Where he/she has failed to comply with the order to prohibit or suspend the

screening of motion pictures under Article 42;

7. Where he/she has been subjected to the business suspension on at least three

occasions a year;

8. Where he/she has run the business during the period of the business suspension.

(2) Where the head of Si/Gun/Gu intends to cancel the registration in accordance

with paragraph (1), he/she shall hold a hearing thereon.

(3) The operator of a restricted movie theater whose registration is cancelled under

paragraph (1) shall be prohibited from getting his/her restricted movie theater

registered at the same place within three years from the date of cancellation of

his/her registration.

Article 46 (Succession of Business, etc.) (1) When the operator of any movie theater

transfers his/her business or dies or a corporation merger involving such movie

theater takes place, the transferee thereof, the successor thereof, a surviving

corporation in the wake of the merger or a corporation incorporated by the merger

shall succeed to the status of the operator of such movie theater.

(2) A person who acquires any movie theater by auction under the Civil Execution

Act, by the realization of properties under the Debtor Rehabilitation and Bankruptcy

Act, by sales of properties attached under the National Tax Collection Act, the

Customs Act, or the Framework Act on Local Taxes, or by any other similar

procedures, shall succeed to the status of the operator of such business.<Amended by

Act No. 10219, Mar. 31, 2010>

(3) In case where the status of the operator of any movie theater is succeeded to

pursuant to paragraph (1), the effect of an administrative sanction that was imposed

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on the previous operator of such movie theater for a violation of Article 45 shall

continue in force with the transferee, the successor, or the newly established or

surviving corporation after merger for a year following the date on which the

aforementioned sanction is taken; and, in case procedures for an administrative

sanction are under way, such procedures may be proceeded with against the

transferee, the successor, or the newly established or surviving corporation after

merger: Provided, That the same shall not apply if the transferee, the successor, or

the newly established or surviving corporation after merger was unaware of the

disposition of such a sanction or the fact of such a violation at the time of acquisition

of the business or the merger.

(4) Any person who has succeeded to the status of the operator of business under

paragraph (1) or (2) shall report thereon to the head of Si/Gun/Gu concerned.

Article 46-2 (Reporting on Business Closure of Movie Theaters and Ex Officio

Cancellation) (1) Where any person who has filed a report under Article 36 closes

his/her business, he/she shall report on such business closure to the head of the

competent Si/Gun/Gu, within seven days from the date of business clousure, as

prescribed by Presidential Decree.

(2) Where any person subject to reporting on business closure under paragraph (1)

fails to report thereon, the head of the competent Si/Gun/Gu may ex officio cancel

the registered matters after verifying his/her business closure, as prescribed by

Presidential Decree.

[This Article Newly Inserted by Act No. 13306, May 18, 2015]

Article 47 (Support for Overseeing Activities by Civic Groups, etc.) (1) The Korean Film

Council may provide necessary supports to civic groups, etc. which carry out the

overseeing activities to protect the right and interest of moviegoers in connection

with the screening of motion pictures, the operation of exclusive movie theaters, etc.

(2) Matters necessary for the supports, etc. under paragraph (1) shall be determined

by the rules of the Korean Film Council.

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CHAPTER III VIDEO PRODUCTS

SECTION 1 Promotion of Video Industry

Article 48 (Framing and Execution of Policies for Promotion of Video Industry) (1) The

Minister of Culture, Sports and Tourism shall frame and carry out such policies as

may be necessary for the promotion of the video industry (hereinafter referred to as

"policies for promotion"). <Amended by Act No. 8852, Feb. 29, 2008>

(2) The policies for promotion shall include the matters set forth in the following

subparagraphs with respect to video products:

1. The basic direction of the policies for promotion;

2. Vitalization of creative activities;

3. Promotion of export and creation of employment for the related industries;

4. Development of technologies with respect to video products and improvement of

levels thereof;

5. Expansion of distribution facilities, specialization of distribution enterprises, and

improvement of distribution structure;

6. Acquisition and operation of financial resources for the promotion of the video

industry;

7. Training of experts;

8. Construction of infrastructure for video products-related industries and the

creation and operation of the relevant industrial clusters;

9. Regulation and control of any video products that are manufactured, imported,

distributed, sold, rented, or offered for viewing in violation of this Act (hereinafter

referred to as "illegal video products");

10. Assistance to nonprofit private organizations under Article 2 of the Assistance

for Nonprofit Non-Governmental Organizations Act (hereinafter referred to as

"nonprofit private organizations") that carry out voluntary overseeing activities to

monitor illegal video products;

11. Other matters relating to the development of the video industry.

Article 49 (Establishment and Operation of Video Industry Promotion Committee) (1)

The Video Industry Promotion Committee shall be established in the Korean Film

Council in order to carry out policies for promotion of the video industry in an

efficient manner.

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(2) The Video Industry Promotion Committee shall consist of not more than seven

members including its chairperson.

(3) The chairperson of the Video Industry Promotion Committee shall be elected by

mutual vote among its members, and the members of the Video Industry Promotion

Committee shall be commissioned by the chairperson of the Korean Film Council

from among the members of the Korean Film Council and the persons with ample

expertise and experiences in the field of the video industry.

(4) Such matters as may be necessary for the composition, operation, etc. of the

Video Industry Promotion Committee under paragraph (1) shall be determined by the

rules of the Korean Film Council.

SECTION 2 Classification

Article 50 (Classification) (1) A person who manufactures or distributes (including

importing; hereinafter the same shall apply) video products shall have the contents of

video products classified by the Korea Media Rating Board before he/she supplies

such products: Provided, That the same shall not apply to any of the following video

products: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11314, Feb. 17, 2012>

1. Video products offered free of charge for viewing by specific persons not

including juveniles at a specific place;

2. Video products offered free of charge for public viewing through information and

communications networks: Provided, That music and video files manufactured,

distributed or provided for public viewing by persons conducting business referred

to in subparagraphs 8 through 11 of Article 2 of the Music Industry Promotion Act

shall be excluded;

3. Video products offered for viewing at any visual representations contest or

exhibition, etc. that is recommended by the Minister of Culture, Sports and Tourism

or the head of a central administrative agency concerned;

4. Video products of the same contents as the motion pictures the rating of which has

already been granted (excluding any restricted motion pictures). In this case, the

rating of the motion pictures shall be deemed to be that of the video products;

5. Video products prescribed by Presidential Decree that are not required to be

classified in the light of their producers, types of distribution, etc.

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(2) Any person who applies for the classification of video products in accordance

with paragraph (1) shall file such application for the classification, accompanied by

documents attesting his/her justifiable right to produce or distribute such video

products.

(3) The rating of video products under paragraph (1) shall be as follows, depending

on the contents of the video product and the degree of the presentation of image,

words, etc.:<Amended by Act No. 9657, May 8, 2009>

1. All ages admitted: Video products that people of all ages are permitted to view;

2. Persons aged 12 or older admitted: Video products that people aged 12 or more

are permitted to view;

3. Persons aged 15 or older admitted: Video products that people aged 15 or more

are permitted to view;

4. Juveniles not admitted: Video products that juveniles are not permitted to view;

5. Restricted: Video products that need to be restricted to a certain extent in offering

for its viewing, distribution, etc. as they excessively express lewdness, violence,

social acts, etc., and thus are likely to markedly hamper the universal human

dignity, social values, good morals, or national sentiment.

(4) Deleted.<by Act No. 9657, May 8, 2009>

(5) Detailed classification criteria concerning the ratings under subparagraphs of

paragraph (3) shall be prescribed by Presidential Decree by taking the matters under

subparagraphs of Article 29 (7) into account.<Amended by Act No. 9657, May 8, 2009>

(6) The Korea Media Rating Board shall deliver the following documents to the

applicant when it has determined the rating of a video product:<Amended by Act No.

9657, May 8, 2009>

1. A rating classification certificate stating the rating and content information of the

video product;

2. Documents stating duties to be fulfilled according to the rating classification.

(7) Necessary matters for the procedures and methods of rating classification, and

procedures, etc. of delivering a rating classification certificate under paragraphs (1),

(2) and (6) shall be determined by the rules of the Korea Media Rating Board.

<Newly Inserted by Act No. 9657, May 8, 2009>

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Article 51 (Confirmation of Reproduction, etc.) (1) Any person who intends to

reproduce video products the rating of which has already been granted into any other

video products whose contents are identical to those of the said video products or to

distribute such reproduced video products (hereafter in this Article referred to as

the "producer, etc.") shall file an application, accompanied by documents attesting

his/her justifiable right to reproduce or distribute such video products, with the

Korea Media Rating Board for the confirmation as to whether the contents of the

reproduced video products are identical to those of the original video products:

Provided, That the same shall not apply to a case where the producer, etc. obtains

confirmation from the Korea Media Rating Board that he/she holds the right to

reproduce video products the rating of which has already been granted into any other

video products whose contents are identical to those of the said video products or to

distribute such reproduced video products when he/she files an application for their

classification under Article 50 (1).

(2) The Korea Media Rating Board shall, when it confirms that the producer, etc. is

the justifiable right holder and the contents of the reproduced video products are

identical to those of the original video products pursuant to paragraph (1), deliver

the certificate of completion of confirmation to the producer, etc.

(3) Necessary matters concerning procedures for the confirmation, the issuance and

re-issuance of the certificate of completion of confirmation, etc. under paragraphs

(1) and (2) shall be prescribed by the rules of the Korea Media Rating Board.

Article 52 (Revocation of Classification, etc.) (1) In the event that the classification

under Article 50 (1) or the confirmation under Article 51 (1) has been obtained by

any false or other unjust means or by a person who holds no justifiable right to do

so, the Korea Media Rating Board shall revoke the relevant classification or

confirmation.

(2) Where the Korea Media Rating Board has revoked the classification or

confirmation under paragraph (1), the person who is subjected to the disposition of

revocation shall return to the Korea Media Rating Board the certificate of completion

of classification under Article 50 (5) or the certificate of completion of confirmation

under Article 51 (2) within seven days from the date when he/she is notified of such

disposition.

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Article 53 (Prohibition of Sales, etc. of Illegal Video Products) (1) No person shall

manufacture, supply, sell, rent (hereinafter referred to as "distribution"), offer to the

public for viewing, display, or keep the video products falling under any one of the

following subparagraphs:

1. The video products that have failed to be classified, in violation of Article 50 (1);

2. The video products that have been reproduced or distributed without obtaining

confirmation, in violation of Article 51 (1);

3. The video products for which the classification or confirmation has been revoked

pursuant to Article 52 (1);

4. The video products that have been manufactured, imported or distributed by the

person who has failed to file a report thereon, in violation of Article 57 (1);

5. The video products the contents of which have been altered differently from the

rated ones or the rating of which has been altered.

(2) No person shall offer the public the classified video products for the purpose of

their viewing in violation of the rated category as prescribed in Article 50 (3).

(3) The certificate of completion of classification and the certificate of completion of

confirmation issued under Articles 50 (5) and 51 (2) shall not be sold and purchased

or presented as a gift except where it is done as such through a succession to

business under Article 63.

Article 53-2 (Restrictions on Offering for Viewing and Distribution of Video Products

with Restricted Rating) (1) No person may offer a video product with a restricted

rating for viewing at a place or facilities, other than a video-viewing mini-theater

for video products with a restricted rating.

(2) No person may distribute a video product with a restricted rating.

(3) No video-viewing mini-theater for video products with a restricted rating may

offer a video product under Article 50 (3) 1 through 4 to the general public for their

viewing.

[This Article Newly Inserted by Act No. 9657, May 8, 2009]

Article 54 (Reclassification, etc.) (1) Any person dissatisfied with a decision on

classifications under Article 50 may raise an objection to the Korea Media Rating

Board to review the classification, specifying the reasons therefor, within 30 days

from the date he/she is notified of the decision. <Amended by Act No. 11314, Feb. 17,

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「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

2012>

(2) Upon receipt of an objection under paragraph (1), the Korea Media Rating Board

shall make the review thereof, and if justifiable reasons exist for such objection, it

shall reclassify the video products in question within 15 days from the date of receipt

of the objection and notify the person who has raised such objection or his/her agent

thereof, but if no justifiable reasons for the objection exist, it shall notify the said

person or his/her agent as such.<Amended by Act No. 11314, Feb. 17, 2012>

(3) Necessary matters for the procedures and methods of application, the

notification, etc. referred to in paragraphs (1) and (2) shall be determined by the

rules of the Korea Media Rating Board.

Article 55 (Notification of Classification, etc.)

When the Korea Media Rating Board has made a decision falling under any one of the

following subparagraphs, it shall give a written notice of the decision to the heads of

the administrative agencies prescribed by Presidential Decree that are vested with

the authority of guidance and control over video products and to the video product

organization under Article 87 (hereinafter referred to as the "video product

organization"), and also publicly announce it through an information communications

network:<Amended by Act No. 9657, May 8, 2009>

1. Decision on the classification under Article 50 (1) and (3);

2. Decision on an application for objection under Article 54.

Article 56 (Request for Submission of Materials)

The Korea Media Rating Board may, if necessary for carrying out the business

affairs as prescribed in Articles 50 and 54, request persons who applies for

classification, etc. to submit necessary materials related to the examination of such

classification.

SECTION 3 Report, Registration and Operation of Business

Article 57 (Report on Video Product Manufacturing Business, etc.) (1) A person who

intends to carry on a video product manufacturing business or a video product

distributing business shall report thereon to the head of a Si/Gun/Gu: Provided, That

in cases falling under any one of the following subparagraphs, such business may be

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「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

operated without filing a report thereon: <Amended by Act No. 9657, May 8, 2009>

1. Where such video products are manufactured by the State or local governments;

2. Where such video products are manufactured by educational or training

institutions established by Acts and subordinate statutes in order to be used for

their internal education or training;

3. Where such video products are manufactured by broadcasting business operators

under the Broadcasting Act in order to be used for the broadcast purpose;

4. Where such video products are manufactured by public institutions under the Act

on the Management of Public Institutions in order to be used for the publicity of

their business;

5. Where such video products are manufactured for the purpose of preserving

ceremonial occasions or religious rituals in memory: Provided, That the same shall

not include the cases of distributing or offering them to the public for the purpose

of their viewing;

6. Where such video products are manufactured and distributed for the purpose of

offering them to the public for their viewing only through information and

communications networks;

7. Where such video products are manufactured for any other purposes than to

distribute or offer them to many and unspecified persons for the purpose of their

viewing;

8. Where the video products falling under any subparagraph of Article 50 (1) are

manufactured.

(2) Necessary matters pertaining to the procedures, methods, etc. of the reports as

prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of

Culture, Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008>

Article 58 (Registration of Video Service Providing Business, etc.) (1) A person who

intends to run video service providing business shall register his/her business with

the head of a Si/Gun/Gu after being equipped with facilities prescribed by Ordinance

of the Ministry of Culture, Sports and Tourism: Provided, That such business may be

operated without the registration thereof, in any of the following cases: <Amended by

Act No. 8852, Feb. 29, 2008>

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1. Where such business falls under an Internet computer game facility providing

business under the Game Industry Promotion Act;

2. Where such business is engaged in offering video products to the public for their

viewing only through information and communications networks.

(2) The Minister of Culture, Sports and Tourism may, as prescribed by Presidential

Decree, designate and publicly announce areas or facilities in which a video-viewing

mini-theater for video products with a restricted rating may not be established.

<Newly Inserted by Act No. 9657, May 8, 2009>

(3) Necessary matters for the procedures, methods, etc. of registration referred to

in paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports

and Tourism.<Amended by Act No. 8852, Feb. 29, 2008>

Article 59 (Restriction on Business)

Where any person who intends to file a report or registration under Article 57 or 58

falls under any one of the following subparagraphs, he/she may not report or register

his/her business under Article 57 or 58:

1. Where a person (including, in the case of a corporation, its representative or

officers), for whom a year has not passed yet since he/she was subjected to an

order given to close his/her business or a disposition to revoke its registration, or

for whom the term of business suspension has not expired yet since he/she was

subjected to the disposition of business suspension, under Article 67 (1) or (2),

intends to operate the same type of business again;

2. Where a person for whom a year has not passed yet since he/she was subjected to

an order given to close his/her business or a disposition to revoke its registration,

or for whom the term of business suspension has not expired yet since he/she was

subjected to the disposition of business suspension, under Article 67 (1) or (2),

intends to operate the same type of business at the same place (excluding a video

product manufacturing business).

Article 60 (Issuance of Certificate of Report or Registration)

When the head of a Si/Gun/Gu has received a report or effected a registration under

Article 57 or 58, he/she shall issue a certificate of report or a certificate of

registration to the applicant, as prescribed by Ordinance of the Ministry of Culture,

Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9657, May 8, 2009>

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Article 61 (Alterations of Reported or Registered Matters) (1) In case a person who has

made a report or a registration under Article 57 or 58 intends to alter such material

matters as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism,

he/she shall make the report or registration of alterations to the Mayor/Do Governor

or the head of Si/Gun/Gu. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9657, May 8,

2009>

(2) When the report or registration of alterations has been made pursuant to

paragraph (1), the head of a Si/Gun/Gu shall renew the certificate of report or the

certificate of registration accordingly and issue it, as prescribed by Ordinance of the

Ministry of Culture, Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008; Act No.

9657, May 8, 2009>

(3) Necessary matters for the procedures and methods of the report or registration

of alterations, the renewal of the certificates of report or the certificates of

registration, etc. as referred to in paragraphs (1) and (2) shall be determined by

Ordinance of the Ministry of Culture, Sports and Tourism.<Amended by Act No. 8852,

Feb. 29, 2008>

Article 62 (Matters to be Observed by Video Service Providing Business Operator)

A person who carries on a video service providing business shall observe the

following matters:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9657, May 8, 2009; Act No.

11314, Feb. 17, 2012>

1. To take measures for the prevention of fires or accidents within the place of

business;

2. In cases of the business running a video-viewing mini-theater, to admit juveniles

thereinto only during the admission hours prescribed by Presidential Decree:

Provided, That the same shall not apply to cases where a juvenile is accompanied

by his/her parent or other guardian or carries a written consent to admission given

by his/her parent or other guardian, or other cases prescribed by Presidential

Decree;

3. In cases of the business of running a video-viewing establishment and the

business of providing multiple types of visual materials, not to conduct the

following acts:

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(a) Selling or offering alcohol;

(b) Employing a service man or woman or assisting any other person to employ such

person;

(c) Deleted;<by Act No. 9657, May 8, 2009>

4. In cases of the business of running a video-viewing establishment, the business of

running a video-viewing mini-theater for video products with a restricted rating,

and the business of providing multiple types of visual materials, to prohibit

juveniles from admitting thereinto after confirming their age;

5. To post the certificate of registration at the place of business, as prescribed by

Ordinance of the Ministry of Culture, Sports and Tourism.

Article 63 (Succession of Business) (1) When a business operator who has made a

report or a registration under Article 57 or 58 transfers his/her business or dies or a

corporation merger involving such business takes place, the transferee thereof, the

successor thereof, a surviving corporation in the wake of the merger or a corporation

incorporated by the merger shall succeed to the status of such business operator.

(2) When a person whose business was closed by filing the report of business

closure or whose registration was cancelled under Article 64 makes a report or

registration of the same type of business again at the same place within one year,

he/she shall succeed to the status of business operator whom he/she had been held

at the time of filing the report of business closure.

(3) A person who acquires in whole the business facilities and apparatuses involving

video products (referring to the major facilities and apparatuses determined by

Presidential Decree) by auction under the Civil Execution Act, by the realization of

properties under the Debtor Rehabilitation and Bankruptcy Act, by sales of

properties attached under the National Tax Collection Act, the Customs Act, or the

Framework Act on Local Taxes, or by any other similar procedures, shall succeed to

the status of the operator of such business.<Amended by Act No. 10219, Mar. 31, 2010>

(4) Any person who has succeeded to the status of business operator under

paragraph (1) or (3) shall report thereon to the head of a relevant Si/Gun/Gu.

<Amended by Act No. 9657, May 8, 2009>

Article 64 (Reporting on Business Closure of video product manufacturing business,

video product distribution business or Video Service Providing Business, and Ex

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Officio Cancellation) (1) When a business operator who has filed a report under

Article 57 or registration under Article 58 closes his/her business, he/she shall make

a report on the business closure to the head of a relevant Si/Gun/Gu within seven

days from the date of business closure, as prescribed by Ordinance of the Ministry of

Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9657, May 8,

2009; Act No. 13306, May 18, 2015>

(2) Where a business operator subject to reporting on business closure under

paragraph (1) fails to file a report on the business closure, the head of a relevant

Si/Gun/Gu may ex officio cancel the matters reported or registered after confirming

the fact of his/her business closure, as prescribed by Ordinance of the Ministry of

Culture, Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9657, May 8,

2009; Act No. 13306, May 18, 2015>

SECTION 4 Indication on and Advertisement of Video Products

Article 65 (Obligation of Indication) (1) A person who manufactures, imports, or

reproduces video products on a commercial basis shall indicate the trade name of the

manufacturer, importer or reproducer (referring to a trade name of a publishing

company in the case of video products attached to publications), the rating classified

under Article 50 (1), content information, and other matters determined by

Ordinance of the Ministry of Culture, Sports and Tourism, on each of the video

products concerned. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9657, May 8, 2009>

(2) Necessary matters pertaining to the methods of indicating the rating and content

information under paragraph (1) shall be prescribed by Presidential Decree.

<Amended by Act No. 9657, May 8, 2009>

Article 66 (Restrictions, etc. on Advertisement and Publicity) (1) A person who intends

to distribute or post the advertising or publicity materials related to video products

(excluding the video products referred to in Article 50 (3) 1 through 3) or to offer

them for public viewing through the information and communications networks shall

obtain a verification from the Korea Media Rating Board as to whether they are

harmful to juveniles: Provided, That the same shall not apply to the advertising or

publicity materials of a video product with a restricted rating. <Amended by Act No.

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9657, May 8, 2009>

(2) Advertising or publicity materials verified as harmful to juveniles under

paragraph (1) shall not be distributed or posted.

(3) Notwithstanding the provisions of paragraph (2), any advertising or publicity

materials through information and communications networks may be offered to the

general public excluding juveniles for the purpose of their viewing in accordance with

Article 42-2 of the Act on Promotion of Information and Communications Network

Utilization and Information Protection, etc.: Provided, That the same shall not apply

where the contents of such advertising or publicity materials are verified by the

Korea Media Rating Board as falling under any subparagraph of Article 50 (3) 5.

<Amended by Act No. 9657, May 8, 2009>

(4) No person shall distribute or post advertising and publicity materials showing any

contents or rating that differs from the original contents or rating of a classified

video product.

(5) A person who advertises or publicizes a video product with a restricted rating

shall post such advertising or publicity materials in a video-viewing mini-theater for

video products with a restricted rating. In such cases, the relevant materials posted

shall not be visible from outside a video-viewing mini-theater for video products

with a restricted rating.<Newly Inserted by Act No. 9657, May 8, 2009>

(6) Necessary matters concerning procedures for verification as to whether to be

harmful to juveniles under paragraph (1) shall be prescribed by the rules of the

Korea Media Rating Board.

SECTION 5 Revocation of Registration and Other Administrative Measures

Article 67 (Administrative Disposition, etc.) (1) In case where any person who has filed

a report on a video product manufacturing business or a video product distribution

business falls under any of the following subparagraphs, the head of a Si/Gun/Gu may

order the suspension of the business for a fixed period not exceeding six months or

the closure of the business: Provided, That in cases falling under subparagraph 1 or

4, he/she shall order the closure of the business: <Amended by Act No. 9657, May 8,

2009>

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1. Where he/she has filed the report by false or other unjust means;

2. Where he/she has violated the provisions of Article 53 (1);

3. Where he/she has failed to file a report of alteration as prescribed in Article 61

(1);

4. Where he/she has continued to run his/her business in violation of the order given

to suspend his/her business.

(2) In case any person who carries on a video service providing business falls under

any one of the following subparagraphs, the head of Si/Gun/Gu may order the

suspension of the business for a fixed period not exceeding six months or revoke the

registration: Provided, That in cases falling under subparagraph 1 or 7, he/she shall

revoke the registration:<Amended by Act No. 9657, May 8, 2009>

1. Where he/she has filed the registration by false or other unjust means;

2. Where he/she has violated the provisions of Article 53 (1) or (2);

3. Where he/she has failed to meet the standards for facilities as referred to in

Article 58 (1);

4. Where he/she has failed to make the registration of alterations as referred to in

Article 61 (1);

5. Where he/she has failed to abide by the matters to be observed as referred to in

Article 62;

6. Where he/she conducts sexual traffic, etc., or arranges or provides sexual traffic,

etc., referred to in Article 2 (1) of the Act on the Punishment of Acts of Arranging

Sexual Traffic;

7. Where he/she has continued to run his/her business in violation of the order given

to suspend his/her business.

(3) The head of a Si/Gun/Gu shall, when he/she intends to order the closure of the

business or revoke the registration in accordance with paragraphs (1) and (2), hold a

hearing thereon.<Amended by Act No. 9657, May 8, 2009>

(4) A person who has been subjected to an order given to close the business or a

disposition to revoke the registration under paragraph (1) or (2) shall return the

certificate of report or the certificate of registration within 7 days after receipt of the

notice of such a disposition.

(5) The detailed standards for administrative dispositions under paragraphs (1) and

(2) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism,

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according to the types, degrees, etc. of violations.<Amended by Act No. 8852, Feb. 29,

2008>

Article 68 (Imposition of Penalty Surcharge) (1) Where the head of Si/Gun/Gu is to take

a disposition to suspend the business of a video service providing business operator

because he/she falls under any one of the following, he/she may, as prescribed by

Presidential Decree, impose on such business operator a penalty surcharge not

exceeding 30 million won in lieu of the disposition to suspend the business:

1. Where he/she fails to meet the standards for facilities as referred to in Article 58

(1);

2. Where he/she violates the matters to be observed in accordance with

subparagraph 2, 4 or 5 of Article 62.

(2) Where a person who is obligated to pay the penalty surcharge pursuant to

paragraph (1) fails to pay it within the time limit for payment, the head of a

Si/Gun/Gu shall collect it in accordance with the Act on the Collection, etc. of Local

Non-Tax Revenue.<Amended by Act No. 11998, Aug. 6, 2013>

(3) The sum of money that is collected as penalty surcharge pursuant to paragraphs

(1) and (2) shall be spent for the following purposes:

1. The manufacturing and distribution of wholesome video products;

2. The improvement of harmful environment proper to video products.

(4) Necessary matters pertaining to the sum of penalty surcharge set according to

types, degrees, etc. of violations liable to penalty surcharge under paragraph (1), the

operational plan for penalty surcharge under paragraph (3), etc. shall be determined

by Presidential Decree.

Article 69 (Succession to Effect of Administrative Sanction Disposition) (1) In case the

status of any business operator is succeeded to pursuant to Article 63 (1), the effect

of an administrative sanction disposition that was imposed on the previous business

operator for a violation of any subparagraph of Article 67 (1) or (2) shall continue in

force with the transferee, the successor, or the newly established or surviving

corporation after merger for a year following the date on which the aforementioned

disposition is taken; and, in case procedures for an administrative sanction

disposition are under way, such procedures may be proceeded with against the

transferee, the successor, or the newly established or surviving corporation after

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merger: Provided, That the same shall not apply if the transferee, the successor, or

the newly established or surviving corporation after merger was unaware of the fact

of such a disposition or violation at the time of acquisition of the business or the

merger.

(2) In case the status of any business operator is succeeded to pursuant to Article

63 (2), the effect of an administrative sanction disposition that was imposed for a

violation of any subparagraph of Article 67 (1) or (2) before the report of business

closure is filed shall continue in force with the person who succeeds to the status of

the business operator for a year following the date on which the aforementioned

disposition expires; and, in case procedures for an administrative sanction disposition

are under way, such procedures may be proceeded with against the person who

succeeds to the status of the business operator.

Article 70 (Closure and Removal) (1) When any person operates a business without

reporting or registration under Articles 57 and 58, or when any person continues a

business after he/she was ordered to close the business or was subject to a

disposition taken to revoke the registration in accordance with Article 67 (1) or (2),

the head of a Si/Gun/Gu may direct the relevant public officials to take the following

actions, in order to close the relevant place of business: <Amended by Act No. 9657, May

8, 2009>

1. To eliminate signboards or any other signs of business on the business or the

place of business;

2. To post a notice informing that the business or the business place is unlawful;

3. To affix seals to such apparatuses or facilities as may be necessary for operation

of the business in order to prevent them from being used.

(2) As respects the actions under paragraph (1), the video product business

operator concerned or his/her agent shall, in advance, be notified thereof in writing:

Provided, That this shall not apply if an urgent action is required for the safety and

welfare of the general public.<Amended by Act No. 9004, Mar. 28, 2008>

(3) When any video product falling under any subparagraph of Article 53 (1) is

found, the Minister of Culture, Sports and Tourism, the Special Metropolitan City

Mayor, a Metropolitan City Mayor, a Do Governor and the Mayor of a Special Self-

Governing City, the Governor of a Special Self-Governing Province (hereinafter

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referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu may direct the

relevant public officials to remove and destroy them.<Amended by Act No. 8852, Feb. 29,

2008; Act No. 9657, May 8, 2009; Act No. 13306, May 18, 2015>

(4) When a relevant public official has removed the video products concerned

pursuant to paragraph (3), he/she shall issue a certificate of removal to their owner

or possessor: Provided, That the same shall not apply where he/she refused to

receive it.

(5) The Minister of Culture, Sports and Tourism, the Mayor/Do Governor, or the

head of a Si/Gun/Gu may, if necessary, request the video product organization to

cooperate with the relevant public officials in performing the duties of removal and

destruction pursuant to paragraph (3).<Amended by Act No. 8852, Feb. 29, 2008>

(6) The relevant public officials and the officers and staff members of the video

product organization, who take such actions as to post a notice, to affix seals, and to

carry out removal and destruction pursuant to paragraphs (1) and (3), shall carry a

certificate verifying their authority and produce it to the interested persons.

CHAPTER IV KOREA MEDIA RATING BOARD

Article 71 (Korea Media Rating Board)

The Korea Media Rating Board shall be established to secure the ethical and public

responsibilities of motion pictures, video products, and other materials for their

advertisement and publicity (hereinafter referred to as "visual representations, etc.")

and to thereby protect juveniles.

Article 72 (Functions)

The Korea Media Rating Board shall deliberate and decide upon matters set forth in

the following subparagraphs:<Amended by Act No. 9657, May 8, 2009>

1. Matters concerning the classification, content information of visual

representations, etc. and ascertainment as to whether they are harmful to

juveniles;

2. Matters concerning the research into the actual conditions of the manufacturing,

distribution, and offering of visual representations, etc. for viewing, and concerning

other control thereof;

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3. Matters concerning the establishment, amendment and repeal of the rules of the

Korea Media Rating Board;

4. Matters concerning the application for challenge of members under Article 74 (2);

5. Matters concerning the research, study, international cooperation, and education

and public relations for the purpose of securing the objectivity of the classification

of visual representations, etc.;

6. Such other matters as determined or entrusted by this Act or other Acts and

subordinate statutes as the duties or authority of the Korea Media Rating Board.

Article 73 (Formation) (1) The Korea Media Rating Board shall consist of not more than

9 members including a chairperson and a vice chairperson.

(2) The members of the Korea Media Rating Board shall, on the recommendation of

the president of the National Academy of Arts of the Republic of Korea under the

National Academy of Arts of the Republic of Korea Act, be commissioned by the

Minister of Culture, Sports and Tourism from among those who are engaged in the

areas of culture and art, visual representations, etc., juvenile affairs, law, education,

and journalism or in nonprofit private organizations, etc. and have expertise and

experience in their respective areas.<Amended by Act No. 9657, May 8, 2009>

(3) The formation of the Korea Media Rating Board shall be based on a balanced

arrangement in the gender and age of its members, and detailed matters concerning

the appointment standards of its members shall be prescribed by Presidential

Decree.<Amended by Act No. 9657, May 8, 2009>

(4) Other necessary matters concerning the formation and operation of the Korea

Media Rating Board shall be determined by the rules of the Korea Media Rating

Board.<Newly Inserted by Act No. 9657, May 8, 2009>

Article 74 (Exclusion, Challenge, and Refrainment of Members) (1) With respect to any

case falling under any one of the following subparagraphs, the relevant member of

the Korea Media Rating Board shall be excluded from the deliberation or resolution

thereof:

1. Where the member or his/her spouse or ex-spouse has made an application under

this Act to the Korea Media Rating Board, such as an application for film rating

under Article 29 (1) or an application for the classification of video products

Article 50 (1) (hereafter in this Article referred to as the "application");

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2. Where a person who has any right or liability held jointly with the member or

his/her spouse or ex-spouse has made the application;

3. Where a person who is or was in a family relationship with the member has made

the application.

(2) Any person who has made the application may, where there exists a good reason

why it appears to him/her to be difficult to expect a fair resolution from a member,

file an application for the challenge of the member, with a written explanation of such

fact.

(3) If a member falls under any such cause as provided for in any subparagraph of

paragraph (1) or paragraph (2), he/she may voluntarily refrain from the deliberation

and resolution of the case concerned.

(4) Necessary matters concerning the exclusion, challenge and refrainment of

members referred to in paragraphs (1) through (3) shall be determined by the rules

of the Korea Media Rating Board.

Article 75 (Chairperson, etc.) (1) The chairperson and the vice chairperson of the

Korea Media Rating Board shall be elected by mutual vote among the members of the

Korea Media Rating Board.

(2) The chairperson of the Korea Media Rating Board shall represent the Korea

Media Rating Board and have overall control over the affairs of the Korea Media

Rating Board.

(3) In case the chairperson of the Korea Media Rating Board is unable to perform

his/her duties for an inevitable reason, the vice chairperson shall act for him/her and,

in case both the chairperson and the vice chairperson are unable to perform their

duties, members of the Korea Media Rating Board in precedence of age shall act for

them.

(4) The members of the Korea Media Rating Board except the chairperson shall be

non-standing.

Article 76 (Terms of Office of Members) (1) The terms of office of the members of the

Korea Media Rating Board including its chairperson and vice chairperson shall be

three years, respectively.

(2) In case the office of any member of the Korea Media Rating Board is vacant, the

supplementary member shall be commissioned pursuant to the procedures referred

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to in Article 73, and the term of office of the supplementary member shall be the

remaining period of the term of office of his/her predecessor.

(3) The members of the Korea Media Rating Board including its chairperson and vice

chairperson, whose terms of office have expired under paragraph (1) but successors

are not yet appointed, shall continue to perform their duties until their successors

are appointed.

Article 77 (Quorum)

Decisions of the Korea Media Rating Board shall require the attendance of a majority

of the total members and the concurrent vote of a majority of the members present:

Provided, That any decision on the matter as prescribed in subparagraph 3 of Article

72 shall require the concurrent vote of a majority of the total members.

Article 78 (Opening of Sessions to Public) (1) Sessions of the Korea Media Rating

Board shall be open to the public under the conditions as prescribed by the rules of

the Korea Media Rating Board: Provided, That sessions may be closed to the public

by the decision of the Korea Media Rating Board if there exists any special reason,

such as protection of trade secrets.

(2) The Korea Media Rating Board shall record the proceedings of sessions under

the conditions as prescribed by the rules of the Korea Media Rating Board.

Article 79 (Sectional Committees, etc.) (1) The Korea Media Rating Board may form

sectional committees to carry out the matters which the Korea Media Rating Board

has delegated to them in connection with the performance of its functions as

prescribed in subparagraph 1 of Article 72. In this case, the sectional committees,

which may be established by their respective fields, shall consist of not less than 5

but not more than 10 members, respectively.

(2) The Korea Media Rating Board shall form a post-control commission to perform

the duties as prescribed in subparagraph 2 of Article 72, which shall consist of not

more than 7 members.

(3) Such matters as may be necessary for the formation and operation of the

sectional committees and the post-control commission shall be determined by the

rules of the Korea Media Rating Board.

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Article 80 (Treatment of Members and Prohibition of Concurrent Office) (1) Standing

members of the Korea Media Rating Board shall be paid remuneration within the limit

of its budget under the conditions as prescribed by the rules of the Korea Media

Rating Board, while non-standing members of the Korea Media Rating Board shall be

honorary but they may, nevertheless, be paid expenses necessary for performing

their duties and other actual expenses under the conditions as prescribed by the

rules of the Korea Media Rating Board.

(2) Except as otherwise provided for in the rules of the Korea Media Rating Board,

standing members of the Korea Media Rating Board may not concurrently hold

another office for profit.

Article 81 (Disqualification for Members)

No person who falls under subparagraphs 1 through 3 of Article 12 may become

members of the Korea Media Rating Board.

Article 82 (Independent Exercise of Duties and Guarantee of Status) (1) Members of

the Korea Media Rating Board shall not be subject to any instructions or intervention

in the exercise of their duties during their terms of office.

(2) No member of the Korea Media Rating Board shall be removed from office or

suffer any unfavorable treatment in his/her status against his/her will unless he/she

falls under any one of the following subparagraphs:

1. Where he/she falls under any disqualification as referred to in Article 81;

2. Where he/she is unable to perform his/her duties for a long time due to any mental

or physical impairment.

(3) Where any member of the Korea Media Rating Board falls under paragraph (2) 1,

he/she shall be removed from office, and where he/she falls under subparagraph 2 of

the said paragraph, the chairperson of the Korea Media Rating Board may

recommend his/her removal from office to the Minister of Culture, Sports and

Tourism, subject to a resolution by the Korea Media Rating Board.<Amended by Act No.

9657, May 8, 2009>

Article 83 (Duties, etc. of Korea Media Rating Board Involving Classification) (1) The

Korea Media Rating Board shall regularly survey public opinion on the classification

of visual representations and reflect the results in the performance of the duties of

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classification, etc.

(2) The Korea Media Rating Board may, if necessary to carry out its duties related

to classification referred to in subparagraph 2 of Article 72, request motion picture

enterprisers and video product business operators to submit related materials, and

shall recommend the agency concerned to take necessary measures against an act of

violation, if any.

(3) Necessary matters concerning the submission of related materials under

paragraph (2) shall be determined by the rules of the Korea Media Rating Board.

<Newly Inserted by Act No. 9657, May 8, 2009>

Article 84 (Secretariat) (1) There shall be established a secretariat of the Korea Media

Rating Board in order to assist the Korea Media Rating Board in doing clerical work.

(2) A secretary general shall be assigned to the secretariat, and the chairperson of

the Korea Media Rating Board shall appoint him/her with the approval of the Korea

Media Rating Board.

(3) Necessary matters for the formation and operation of the secretariat shall be

determined by the rules of the Korea Media Rating Board.

Article 85 (Establishment, Amendment and Repeal of Rules of Korea Media Rating

Board) (1) In case the rules of the Korea Media Rating Board are to be established,

amended or repealed, the Korea Media Rating Board shall give an advance notice of

the bill of the rules or the bill of their amendment or repeal through the Official

Gazette, etc. for a fixed period of not less than 20 days and shall, if the bill has been

passed, announce it officially by publishing it through the Official Gazette, etc.

(2) In case standards for classification are to be established or amended pursuant to

Article 50 (6), the Korea Media Rating Board shall hear opinions voiced by juvenile

organizations, nonprofit private organizations, and academic or industrial circles.

Article 86 (Financial Assistance from National Treasury) (1) The National Treasury may

assist the Korea Media Rating Board with such expenses as may be required for its

operation.

(2) With respect to such project, etc. as may incur financial obligation on the

National Treasury, the Korea Media Rating Board shall in advance consult with the

Minister of Culture, Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008>

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CHAPTER V SUPPLEMENTARY PROVISIONS

Article 87 (Establishment of Video Product Organization) (1) Video product business

operators may establish a video product organization in order to promote a healthy

and sound development of business.

(2) The video product organization shall be a juristic person.

(3) A person who desires to establish the video product organization shall obtain

permission therefor from the Minister of Culture, Sports and Tourism.<Amended by Act

No. 8852, Feb. 29, 2008>

(4) The video product organization shall endeavor to ensure that a healthy and sound

operational order may be maintained in doing business pertaining to the manufacture

and distribution of video products.

(5) The provisions on an incorporated association as referred to in the Civil Act shall

apply mutatis mutandis to the matters that this Act does not prescribe with respect

to the video product organization.

Article 88 (Education for Establishing Order of Video Products Distribution)

The head of Si/Gun/Gu may, if deemed necessary to establish a healthy and sound

order of distribution of video products, have the video service providing business

operators undergo education within the limit of three hours per year under the

conditions as prescribed by Presidential Decree.

Article 89 (Assistance to Exemplary Video Product Business Operators) (1) The head of

Si/Gun/Gu may, if deemed necessary to establish a healthy and sound order of

distribution of video products, designate exemplary video service providing business

operators and thereby provide necessary assistance to them.

(2) Necessary matters pertaining to the standards, procedures, etc. for designation

as prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of

Culture, Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008>

Article 90 (Fees) (1) Deleted. <by Act No. 13306, May 18, 2015>

(2) Any of the following persons shall pay the Korea Media Rating Board the fees

determined by the Korea Media Rating Board, with the approval of the Minister of

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Culture, Sports and Tourism: Provided, That a person falling under subparagraph 1

or 4 who does not have a profit-making purpose shall be exempted from such fees:

<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11314, Feb. 17, 2012>

1. A person who applies for film rating pursuant to Article 29 (1);

2. A person who raises an objection pursuant to Article 31;

3. A person who applies for a verification as to whether advertising or publicity

materials of motion picture are harmful to juveniles pursuant to Article 32;

4. A person who applies for the classification of video products pursuant to Article

50 (1);

5. A person who applies for the confirmation of reproduced video products, etc. or

the re-issuance of the certificate of completion of confirmation pursuant to Article

51;

6. A person who applies for the reclassification pursuant to Article 54 (1);

7. A person who applies for the verification as to whether advertising or publicity

materials related to video products are harmful to juveniles pursuant to Article 66

(1).

(3) The following persons shall pay fees, as prescribed by municipal ordinance of

each Si/Gun/Gu (referring to an autonomous Gu):<Amended by Act No. 9657, May 8,

2009>

1. A person who applies for the registration or alteration of registered matters

pursuant to Article 36 (1);

1-2. A person who files a report on a motion picture enterpriser or files a report on

the change thereof pursuant to Article 26 (1);

1-3. A person who applies for the re-issuance of a report certificate pursuant to

Article 26 (2);

2. A person who files a report on a video product manufacturing business or a video

product distributing business pursuant to Article 57 (1);

3. A person who applies for the registration of a video service providing business

pursuant to Article 58 (1);

4. A person who files a report on alterations or files for registration of alterations

pursuant to Article 61 (1).

(4) Where the Korea Media Rating Board intends to determine the fees referred to in

paragraph (2), it shall collect opinions from relevant enterprisers in advance.<Newly

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Inserted by Act No. 13306, May 18, 2015>

Article 91 (Legal Fiction as Public Officials in Applying Penal Provisions)

Any person who falls under each of the following subparagraphs shall be deemed to

be a public official for the purposes of Articles 129 through 132 of the Criminal Act:

1. Members of the Korean Film Council and the staff members of its secretariat;

2. Members of the Korea Media Rating Board and the staff members of its

secretariat;

3. Members of the sectional committees of the Korea Media Rating Board and the

members of its post-control commission;

4. Persons engaged in the duties entrusted under the provisions of Article 92 (2).

Article 92 (Delegation and Entrustment of Authority) (1) The Minister of Culture, Sports

and Tourism may delegate part of his/her authority under this Act to a Mayor/Do

Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

<Amended by Act No. 9657, May 8, 2009>

(2) The Korean Film Council may entrust part of its duties to the institutions or

organizations established for the purpose of promoting the film and video culture and

the film and video industry, as prescribed by Presidential Decree.

CHAPTER VI PENAL PROVISIONS

Article 93 (Penal Provisions)

Any person who has run business in violation of a measure taken pursuant to each

subparagraph of Article 70 (1) shall be punished by imprisonment for not more than

five years, or by a fine not exceeding 50 million won.

Article 94 (Penal Provisions)

Any of the following persons shall be punished by imprisonment for not more than

three years, or by a fine not exceeding 30 million won:<Amended by Act No. 9657, May 8,

2009; Act No. 11314, Feb. 17, 2012; Act No. 13306, May 18, 2015>

1. A person who screens a motion picture which has not been rated, in violation of

Article 29 (3);

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2. A person who admits any juvenile who is prohibited from viewing a restricted

motion picture to his/her movie theater to view such motion picture, in violation of

Article 29 (5);

3. A person who screens any restricted motion picture at a place or establishment

that is not a restricted movie theater, in violation of Article 43 (1);

4. A person who has made any restricted motion picture into other visual

representations or screened, sold, transmitted, rented or offered such produced

visual representations for viewing, in violation of Article 43 (2);

5. A person who offers a video product with a restricted rating for viewing at a place

or facilities, other than a video-viewing mini-theater for video products with a

restricted rating, in violation of Article 53-2 (1);

6. A person who distributes a video product with a restricted rating, in violation of

Article 53-2 (2);

7. A person who permits a juvenile to be admitted into a video-viewing

establishment, a video-viewing mini-theater for video products with a restricted

rating or into a business establishment for providing multiple types of visual

materials, in violation of subparagraph 4 of Article 62.

Article 95 (Penal Provisions)

Any of the following persons shall be punished by imprisonment for not more than

two years, or by a fine not exceeding 20 million won:<Amended by Act No. 9657, May 8,

2009>

1. A person who has screened a motion picture, in violation of Article 29 (6);

2. A person who has posted the advertising or publicity materials related to any

restricted motion picture or has posted them in such a manner as to be seen from

outside a restricted movie theater, in violation of Article 33;

3. A person who has screened any such motion picture referred to in Article 29 (2)

1 through 4 in a restricted movie theater, in violation of Article 43 (3);

4. A person who has failed to comply with an order given to suspend business under

Article 45;

5. A person who has obtained the classification of video products under Article 50

(1) without any justifiable right to such video products in any false or other unjust

manner or gotten the confirmation of reproduction, distribution, etc. under Article

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51 (1);

6. A person who has manufactured or distributed illegal video products, offered them

for viewing, or to this end, displayed or kept them, in violation of Article 53 (1);

7. A person who has sold, purchased or presented as a gift the certificate of

completion of classification and the certificate of completion of confirmation, in

violation of Article 53 (3);

8. A person who offers a video product under Article 50 (3) 1 through 4 to the

general public for their viewing at a video-viewing mini-theater for video products

with a restricted rating, in violation of Article 53-2 (3);

9. A person who has carried on a video service providing business without

registering the business, in violation of Article 58 (1);

10. A person who has failed to abide by the matters to be observed, in violation of

subparagraph 2 or 3 of Article 62;

11. A person who posts the advertising or publicity materials of a video products

with a restricted rating at places, other than the inside of a video-viewing mini-

theater for video products with a restricted rating, or makes them visible from

outside a video-viewing mini-theater for video products with a restricted rating, in

violation of Article 66 (5);

12. A person who has continued business, in violation of an order given to suspend

such business under Article 67 (2).

Article 96 (Penal Provisions)

A person who falls under any one of the following subparagraphs shall be punished

by a fine not exceeding 10 million won:

1. A person who has run business without reporting, in violation of Article 57;

2. A person who has continued business, in violation of an order given to suspend

such business under Article 67 (1);

3. A person who has refused, obstructed, or evaded any action taken by the relevant

public official pursuant to Article 70 (1) or (3).

Article 96-2 (Penal Provisons)

A person who enters into a labor contract in violation of Article 3-4 shall be

punished by a fine not exceeding five million won.

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[This Article Newly Inserted by Act No. 13306, May 18, 2015]

Article 97 (Joint Penal Provisions)

Where a representative of a corporation, or an agent, employee or other servant of a

corporation or individual commits an offense under any one of Articles 93 through 96

and 96-2 in connection with the business of the corporation or individual, not only

shall such offender be punished accordingly, but the corporation or the individual

shall also be punished by the fine prescribed in the relevant Article: Provided, That

the foregoing sentence shall not apply to where such corporation or individual has

not been negligent in giving due attention and supervision concerning the relevant

duties to prevent such offense.<Amended by Act No. 13306, May 18, 2015>

[This Article Wholly Amended by Act No. 9657, May 8, 2009]

Article 98 (Fines for Negligence) (1) Any of the following persons shall be subject to

imposition of a fine for negligence not exceeding 50 million won: <Amended by Act No.

13306, May 18, 2015>

1. A person who admits any person prohibited from viewing a motion picture with a

film rating provided for in Article 29 (2) 2 through 4 to his/her movie theater to

view such motion picture, in violation of Article 29 (4) or (5);

2. A person who distributes or posts advertising or publicity materials without

obtaining verification as to whether they are harmful to juveniles or offers such

materials for public viewing through the information and communications networks,

in violation of Article 32 (1);

3. A person who distributes or posts advertising or publicity materials verified as

harmful to juveniles, in violation of Article 32 (2);

4. A person who offers video products for viewing, in violation of Article 53 (2);

5. A person who fails to obtain verification as to whether advertising or publicity

materials are harmful to juveniles, in violation of Article 66 (1);

6. A person who distributes or posts advertising or publicity materials which are

verified as harmful to juveniles, in violation of Article 66 (2).

(2) Any of the following persons shall be subject to imposition of a fine for

negligence not exceeding ten million won:<Amended by Act No. 8280, Jan. 26, 2007; Act No.

9657, May 8, 2009; Act No. 13306, May 18, 2015>

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「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

1. Deleted;<by Act No. 13306, May 18, 2015>

1-2. A person who operates business manufacturing, importing, distributing or

screening motion pictures without reporting thereon, in violation of Article 26 (1);

2. A person who fails to submit a motion picture film, etc. in violation of Article 35

(1);

3. A person who establishes and operates a movie theater without having such movie

theater registered, in violation of Article 36 (1);

4. A person who fails to report on a safety-precaution plan, in violation of Article 37

(1);

5. A person who transmits the data related to the matters prescribed by Ordinance of

the Ministry of Culture, Sports and Tourism, such as the number of viewers

entering the relevant movie theater and the amount of sales of admission tickets

through the integrated computer network for processing movie theater admission

tickets, with intentional omission or manipulation, in violation of Article 39 (3);

6. A person who fails to report or makes a false report, in violation of Article 41;

7. A person who allows a person without the national technical qualifications for

motion picture projection to screen any motion picture, in violation of Article 44;

8. A person who fails to report or obtain registration of any alteration, in violation of

Article 61 (1);

9. A person who fails to indicate a rating or content information of a video product or

mistates such rating or content information, in violation of Article 65 (1) or (2).

(3) Any of the following persons shall be subject the imposition of a fine for

negligence not exceeding three million won:<Amended by Act No. 13306, May 18, 2015>

1. A person who fails to report on any alteration, in violation of the latter part of

Article 26 (1);

2. A person who has fails to register alteration of any registered matter involving a

movie theater, in violation of the latter part of Article 36 (1);

3. A person who fails to report, in violation of Article 46 (4) or 63 (4).

Article 99 (Imposition of Fines for Negligence)

Fines for negligence under Article 98 shall be imposed and collected by the Minister

of Culture, Sports and Tourism or the head of a Si/Gun/Gu, as prescribed by

Presidential Decree.

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「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

[This Article Wholly Amended by Act No. 9657, May 8, 2009]

ADDENDA <No. 8280, 26. Jan, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation:

Provided, That preparatory works necessary for the installation and operation of the

Motion Picture Development Fund under the amended provisons of Article 23 may be

initiated before the enforcement of this Act, and the amended provisions of Article

25-2 shall enter into force on July 1, 2007.

Article 2 (Effective Period)

The amended provisions of Article 25-2 shall be effective until December 31, 2021.

<Amended by Act No. 12857, Dec. 23, 2014>

Article 3 (Transitional Measures concerning Motion Picture Promotion Fund)

The claims, obligations, and other rights and duties of the Motion Picture Promotion

Fund that has been managed and operated by the Korean Film Council pursuant to

the former provisions enforced at the time when this Act enters into force shall be

imputed to the Motion Picture Development Fund that shall be managed and operated

by the Korean Film Council pursuant to this Act: Provided, That the management and

operation of Motion Picture Promotion Fund under the former provisions may

continue until a draft fund management plan is submitted to the National Assembly

pursuant to Article 5 (2) of Addenda for deliberation and approved by it,

notwithstanding the provision of Article 1 of Addenda.

Article 4 (Transitional Measure concerning Reporting on Plan for Countermeasures

against Disasters)

A person who reported a plan for countermeasures against disaster in accordance

with the former provisions enforced at the time when this Act enters into force shall

be deemed to have reported it in accordance with the amended provisions of Article

37 (1).

Article 5 (Special Exceptions to Time to Establish Fund Management Plan for 2007)

(1) The Korean Film Council shall prepare a draft fund management plan for 2007

after the promulgation of this Act without delay, and shall submit it to the Minister of

Planning and Budget through the Minister of Culture and Tourism.

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(2) The Government shall submit the draft fund management plan for 2007 as

prepared pursuant to paragraph (1) to the National Assembly within sixty days after

the promulgation of this Act. In this case, the National Assembly shall deliberate and

make a resolution on the draft fund management plan for 2007 within sixty days from

the day on which the plan is submitted to the National Assembly, notwithstanding

Article 84-2 of the National Assembly Act.

Article 6 Omitted.

ADDENDA <No. 8345, 11. Apr, 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 <No. 8852, 29. Feb, 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 <No. 9004, 28. Mar, 2008>

This Act shall enter into force three months after the date of its promulgation.

ADDENDA <No. 9657, 08. May, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Formation of Members of the Korea Media Rating Board)

The amended provisions of Article 73 (2) and (3) concerning the formation of the

members of the Korea Media Rating Board shall begin applying to the first case

where the members of the Korea Media Rating Boards are newly re-formed after

the expiry date of the term of office for all members of the Korea Media Rating

Board organized under the former provisions as at the time this Act enters into force

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「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

(hereinafter referred to as "former Board"): Provided, That the amended provisions

shall apply when the vacant position of a member of the former Board is filled.

Article 3 (Applicability to Indication of Content Information of Motion Pictures and Video

Products)

The amended provisions concerning the indication of the content information of a

motion picture or video product shall begin applying to the first application for the

rating of a motion picture or video product made to the Korea Media Rating Board

after this Act enters into force.

Article 4 (Transitional Measures concerning Rating)

A motion picture rated "Restricted" under the former provisions as at the time this

Act enters into force shall be deemed to have been rated "Restricted" under this Act.

Article 5 (Transitional Measures concerning Report)

A motion picture enterpriser or person who carries on a video product manufacturing

business or video product distribution business under the former provisions as at the

time this Act enters into force shall be deemed to have filed a report under this Act,

respectively.

Article 6 (Transitional Measures concerning Administrative Disposition, etc.)

(1) A disposition, application, report or other acts against an administrative agency

before this Act enters into force shall be deemed a disposition, application, report or

other acts against an administrative agency under this Act.

(2) The former provisions shall apply when taking an administrative disposition to an

act committed before this Act enters into force.

ADDENDA <No. 9676, 21. May, 2009>

This Act shall enter into force on the date of its promulgation.

ADDENDA <No. 10109, 17. Mar, 2010>

This Act shall enter into force six months after the date of its promulgation.

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「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

ADDENDA <No. 10219, 31. Mar, 2010>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2011.

Articles 2 through 12 Omitted.

ADDENDA <No. 11314, 17. Feb, 2012>

Article 1 (Enforcement Date)

This Decree shall enter into force six months after its promulgation.

Article 2 (Applicability to Fees)

The amended provisions of Article 90 (2) shall apply, starting from the first

application to be made after this Act enters into force.

Article 3 (Transitional Measures concerning Chairperson, etc. of Korean Film Council)

The members and auditor of the Korean Film Council, including the chairperson and

vice-chairperson thereof who are holding office when this Act enters into force shall

be deemed to have been appointed in accordance with this Act, but the term of office

thereof shall be in accordance with the provisions in force at the time the term of

office began.

Article 4 (Transitional Measures concerning Registration of Business of Providing

Multiple Types of Visual Materials)

(1) Any person who runs the business of providing multiple types of visual materials

which has been registered as the business of running a video-viewing establishment

under the former provisions when this Act enters into force shall file a registration

provided in Article 58, satisfying facility standards under this Act within one year

from the date on which this Act enters into force.

(2) Any person who runs the business of providing multiple types of visual materials

which has been registered as the combined distribution and game providing business

under the Game Industry Promotion Act when this Act enters into force shall file a

registration provided in Article 58, satisfying facility standards under this Act within

one year from the date on which this Act enters into force.

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「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

ADDENDA <No. 11690, 23. Mar, 2013>

Article 1 (Enforcement Date)

(1) This Decree shall enter into force on the date of its promulgation.

(2) Omitted.

Articles 2 through 7 Omitted.

ADDENDA <No. 11998, 06. Aug, 2013>

Article 1 (Enforcement Date)

This Decree shall enter into force one year after its promulgation.

Articles 2 and 3 Omitted.

ADDENDA <No. 12353, 28. Jan, 2014>

This Decree shall enter into force six months after its promulgation.

ADDENDA <No. 12857, 23. Dec, 2014>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2015.

Article 2 (Applicability to Payment of Entrustment Commission)

The amended provisions of Article 25-2 shall begin to apply, from the first charges

to a movie theater operator calculated and notified by the Korean Film Council after

this Act enters into force.

ADDENDA <No. 13306, 18. May, 2015>

Article 1 (Enforcement Date)

This Decree shall enter into force six months after its promulgation: Provided, That

the amended provisions of Article 28-4 shall enter into force on the date of its

promulgation.

Article 2 (Applicability to Exemption from Collection of Charges)

The amended provisions of Article 25-2 (1) shall apply to where any audiences

enter the relevant movie theater in the month to which the enforcement date of this

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「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」

Act belongs.

Article 3 (Applicability to Imposition and Compulsory Collection of Additional Dues)

The amended provisions of Article 25-2 (4) and (5) shall apply, starting from where

the operator of a movie theater fails to pay, until the time limit for payment, the

additional dues received from the audiences entered in the month in which this Act

enters into force.

Article 4 (Applicability to Reporting on Business Closure)

The amended provisions of Articles 28-2 (1) and 46-2 (1) shall apply to business

closure occurred after this Act enters into force.

Article 5 (Applicability to Ex Officio Cancellation)

The amended provisions of Article 28-2 (1) and 46-2 (1) shall also apply to

business operators who have closed their business before this Act enters into force.

Article 6 (Special Exceptions to Exemption from Collection of Charges from Exclusive

Movie Theaters)

Notwithstanding the amended provisions of Article 25-2 (1) 1, the collection of

charges in the year in which the enforcement date of this Act falls from a movie

theater, to which the Minister of Culture, Sports and Tourism has notified to provide

assistance under Article 38 (limited to movie theaters which screen motion pictures

falling under Article 38 (1) 2 for not less than 60/100 of annual running days), shall

be exempted from the collection of charges from the audiences who enter the

relevant movie theater from the first date of the month in which the enforcement

date of this Act falls until the end date of the year in which the enforcement date of

this Act falls.

Article 7 (Transitional Measures concerning Film Commission)

A film commission which has been established and is in operation as at the time the

amended provisions of Article 28-4 enter into force shall be deemed a film

commission under this Act.

Article 8 (Transitional Measures concerning Fines for Negligence)

Notwithstanding the amended provisions of Article 98 (2) 1, a person who fails to

pay charges, in violation of the former Article 25 (2), before this Act enters into

force, shall be governed by the former provisions.

Article 9 Omitted.

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