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  • [지적재산권/IT] Framework Act on the Promotion of Cultural Industries
    • Competent Ministry : Ministry of Culture, Sports and Tourism
    • Advance Publication of Legislation : 2018-04-16
    • Opinion Submission Deadline : 2018-04-30
Reasons for Proposal

The current Act lays a legal framework to establish a fair trade order in cultural industries. For example, it stipulates that no person engaged in the production, sale, distribution, etc. of cultural products shall force any one to conclude an unfair contract or gain any unfair profit by using his/her position, such as requests for the gratuitous transfer of intellectual property rights, without any reasonable ground.

However, business operators engaged in cultural industries often engage in unfair practices, such as refusing, delaying or restricting the reasonable distribution of profits to workers, which requires a clear legal ground to eradicate such practices.

Accordingly, the Amendment prescribes that no person engaged in the production, sale, distribution, etc., of cultural products shall engage in unfair practices, such as refusing, delaying, or restricting the reasonable distribution of profits. It also allows the Minister of Culture, Sports and Tourism to issue a corrective order to any person who has engaged in unfair practices, and to suspend or exclude cultural industry-related financial assistance in the event that the corrective order is not fulfilled within the designated period, thereby aiming to lay the groundwork for the sound development of cultural industries (Article 12-2, paragraphs 1 and 2; and Article 13).

Major Provisions

Where a person engaged in the production, sale, distribution, etc., of cultural products has engaged in unfair practices, the Minister of Culture, Sports and Tourism may order the person concerned to stop such practices, publicly announce the fact that a correction order has been issued due to unfair practices and issue a corrective order for other measures to be taken (Article 12-2).

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