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National Assembly Legislation

  • Act on Welfare of Artists
    • Competent Ministry : Ministry of Culture, Sports and Tourism
    • Advance Publication of Legislation : 2018-08-27
    • Opinion Submission Deadline : 2018-09-10
Reasons for Proposal

The current Act (since May 2016) prescribes that for the protection of the occupational status and rights of artists, signed or signed and sealed contracts ("written contract") shall be exchanged where a contract of culture and arts service is concluded and that the violators thereof shall be imposed with a fine of up to 5 million won.

However, since such practice has not yet taken root, artists often fall victim to damage caused by the fact that it is difficult for them to present evidence when unfair damage and disputes occur. Critics have pointed out that the absence of a written contract can only be found out when the artist reports such fact, that the Minister of Culture, Sports and Tourism does not have the right to investigate on a regular basis whether written contracts have been concluded, and that the practice of concluding a written contract is not taking root due to the lack of grounds for issuing a corrective order, other than imposing fines, when written contracts are not concluded.

Hence, this Amendment aims to provide a legal basis for investigating whether a written contract has been concluded and issuing a corrective order, other than imposing an adminstrative fine, in case of the absense of a written contract, thereby promoting the practice of concluing a written contract, which is the first step towards protecting the artists’ creative activities, and strengthening the effectiveness of such practice (Articles 4-3 and 18).

Major Provisions

Allow the Minister of Culture, Sports and Tourism to demand the supply of information from the concered parties of culture and arts service contracts, when necessary, and to issue corrective orders to culture and arts business operators, etc. who fail to exchange signed or signed and sealed contracts (Article 4-3).

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