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Busan Metropolitan City Ordinance on the Promotion of Culture and Art

By Culture and Arts Division 2021. 12. 6 621  Views
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BUSAN METROPOLITAN CITY ORDINANCE ON THE PROMOTION OF CULTURE AND ART

[Effective June 23, 2021] [ Busan Metropolitan City Ordinance No. 6397, Partially revised May 26, 2021]

CHAPTER Ⅰ GENERAL PROVISIONS

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to provide for the matters delegated by the Culture and Arts Promotion Act (hereinafter referred to as the "Act") and its Enforcement Decree (hereinafter referred to as the "Decree") as well as for those required by Busan Metropolitan City (hereinafter referred to as the "City") for the purpose of the enforcement thereof.
  • Chapter 2 Deleted <November 4, 2015>
  • Article 2 (Deleted)
  • Article 3 (Deleted)
  • Article 4 (Deleted)
  • Article 5 (Deleted)
  • Article 6 (Deleted)
  • Article 7 (Deleted)
  • Article 8 (Deleted)
  • Article 9 (Deleted)
  • Article 10 (Deleted)
  • Chapter 3 (Deleted) <November 11, 2015>
  • Article 11 (Deleted)
  • Article 12 (Deleted)
  • Article 13 (Deleted)
  • Article 14 (Deleted)
  • Article 15 (Deleted)
  • Article 16 (Deleted)
  • Article 17 (Deleted)
  • Article 18 (Deleted)
  • Article 19 (Deleted)

CHAPTER Ⅳ PRIZE FOR CULTURE OF BUSAN METROPOLITAN CITY

  • Article 20 (Award of Culture Prize)① Culture prize of Busan Metropolitan City (hereinafter referred to as the "culture prize") shall be awarded every year to the citizens of distinguished services to the elevation and development of the City's culture.
  • ② Fields subject to the award of culture prize shall be as follows:
    • 1. Prize for cultural sciences;
    • 2. Prize for natural sciences;
    • 3. Prize for literature;
    • 4. Prize for public performance art;
    • 5. Visual art award
    • 6. Traditional art award
    • 7. Public art award
    • 8. Sports award
    • 9. Press and publishing award
    • 10. Space art award
  • ③ The award candidates for the culture award shall be recommended for respective categories, and the Busan Metropolitan City Culture Cooperation Committee (hereafter called “Culture Cooperation Committee”) shall take charge of reviewing for the culture award with a principle of giving awards in every October.
  • ④ The mayor of Busan Metropolitan City (hereafter called “Mayor”) may have the Culture Award Candidate Recommendation Council” in place within the Cultural Cooperation Committee, which shall be attended by relevant persons from universities, pursuant to the Higher Education Act,” cultural art-related corporations and/or organizations, to recommend the award candidates.
  • ⑤ The chairperson shall determine the requirements, other than the stipulations in the ordinance, to form and operate the Cultural Award Candidate Recommendation Council, recommend award candidates, and select winners.
  • Article 21 (Qualification for Awardees, etc.)① The eligibility for receiving the culture award shall be for those who made breakthrough contributions to the folk culture in Busan with the display of originality.
  • ② Deleted <November 5, 2008>

CHAPTER Ⅴ DESIGNATION AND FOSTERAGE OF SPECIALIZED ART CORPORATIONS OR ORGANIZATIONS <Revised 3/21/2002>

  • Article 22 (Designation of Special Art Corporation and Organization)
  • The Mayor may designate a special art corporation or organization, with the deliberation of the Cultural Cooperation Committee, out of the corporations or organizations pursuant to the Cultural Art Promotion Act (hereafter called “Act”) Article 7 Paragraph 2.
  • Article 23 (Support and Fosterage of Specialized Art Corporation or Organization)
  • The Mayor may render the administrative support to the designated specialized art corporation or organization, such as the subsidies to the required expenses within the limit of the relevant budget and the use of facilities for public performances or exhibitions, etc.

CHAPTER Ⅵ INSTALLATION OF CULTURE AND ART SPACES AND ARTWORKS ORNAMENTS <Revised 4/4/2012> <4/4/2012>

  • Article 24 (Buildings Whereto Installation of Culture and Art Spaces is Urged)
  • The Mayor shall recommend the installation of cultural art space, such as performing theater and exhibition hall, pursuant to the Act Article 5 Paragraph 2 and the Cultural Art Promotion Act Enforcement Decree (hereafter called Decree”) Article 3, for the structures, which refer to the structures for respective uses, pursuant to the Architect Art Enforcement Decree Attached Table 1, that shall be put into use for any one of the following subparagraphs:
    • 1. Collective housing (excluding the housing complex to build less than 1,000 housing);
    • 2. Business facilities;
    • 3. Lodging facilities;
    • 4. Sales facility
    • 5. Amusement facilities.
    • 6. Hospital for health care facility
    • 7. Gathering venue for culture and assembly facility
    • 8. Education research facility
    • 9. Facility for elderly and infants
    • 10. Sports facility
    • 11. Tourism rest facility
  • Article 25 (Notification and informing of Mandatory Installation of, and Installation Timing for, Artwork)① The Mayor shall notify those who intend to build a structure pursuant to Decree Article 12 Paragraph 1 (hereafter called “Structure Owner”) of installing artworks pursuant to the Act Article 9, and strive actively to have the Structure Owner understand better and raise awareness for the installation of sophisticated and diverse artworks.
  • ② (Except that a structure with a construction period of two years or longer shall be allowed to submit within one year after its groundbreaking), the Mayor shall refer to the Busan Metropolitan City Artwork Deliberation Committee (hereafter called “Committee”) for deliberation.
  • ③ The Mayor shall notify the Structure Owner of the deliberation outcome of the Committee pursuant to Paragraph 2.
  • ④ Deleted <Jan. 13, 2021>
  • Article 26 (Public Contest for Artwork Installation)① The Structure Owner may have artworks installed via a public contest to discover outstanding artworks and enlarge the opportunity for artist to participate.
  • ② The Structure Owner, if proceeding with the public contest pursuant to Paragraph 1, shall determine the requirements, such as contest procedure and evaluation method, announce online, and select the winning artworks with the evaluation of specialists in relevant categories.
  • ③ The Structure Owner may request a construction permit authority for artwork contest and selection on his/her behalf, if needed.
  • ④ The Committee shall evaluate on the artworks and select the winning artwork, when proceeding with the public contest and selection as per the Structure Owner’s request. In such case, the selected artwork shall be deemed evaluated pursuant to Article 25 Paragraph 2.
  • ⑤ The Mayor shall determine separately other requirements for the public contest and selection of the artwork.
  • Article 27 (Verification of Artwork Installation)① The Structure Owner shall file for the installation verification of the artwork evaluated by the Committee, pursuant to Article 25 Paragraph 2, by no later than 30 days prior to the scheduled date for structure use permit.
  • ② The Mayor shall verify for the completion of installation, pursuant to Paragraph 1, prior to permitting the use of the structure.
  • ③ The building keeper shall faithfully cooperate at the time of confirmation by the Mayor whether or not the fine arts ornaments have been installed.
  • Article 28 (Decision on Prices of Artworks)① The price of artwork shall be based on the amount on the artwork installation contract entered by and between the Structure Owner and an artist, which shall be priced appropriately in consideration of the artist career, the quality of the artwork, and the reality of artwork trading.
  • ② Deleted <Feb. 15, 2001>
  • ③ Deleted <Feb. 15, 2001>
  • <Revised 5/7/1998>
  • Article 29 (Amount of Spending for Artwork Use in Building)① The “rate stipulated in the city or province ordinance” in the Decree Attached Table 2 No. 1 means one thousandth of the construction cost. <Revised April 4, 2012>
  • ② The “rate stipulated in the city or province ordinance” in the Decree Attached Table 2 No. 2 means five thousandths of the construction cost.
  • Article 30 (Formation of Committee)① The committee in place pursuant to the Decree Article 14 Paragraph 1 shall consist of up to 20 members, including one chairperson.
  • ② The chairperson of the Committee shall be elected out of the entrusted members.
  • ③ A director in charge of cultural art and a director in charge of construction housing shall act as an ex-officio member.
  • ④ The Mayor shall appoint the appointed members by public contest or recommendation out of the persons of the following subparagraphs:
    • 1. Specialist and community member representative for art, construction, environment, space design, urban planning with experiences of the prior activity in respective category
    • 2. Other person highly knowledgeable of artwork with an abundance of experiences
  • ⑤ The appointed member shall serve a term of two years with one consecutive term allowed.
  • ⑥ The list of the appointed members pursuant to Paragraph 5 may be disclosed.
  • Article 30-2 (Duties of Chairperson)① The chairperson shall represent the committee and oversea the works of the committee.
  • ② The Chairperson shall designate a committee member, who shall act for the chairperson in the event that the chairperson is unable to carry out his/her duties.
  • Article 30-3(Meeting of Committee)① The chairperson shall convene and chair a meeting of the committee.
  • ② The meeting of the committee shall convene with the attendance of a majority of the registered members and reach a decision with the consent of a majority of the attending members.
  • ③ The committee shall have one administrative secretary and one clerk, respectively, with a deputy director in charge of artwork evaluation acting as the administrative secretary and an in-charge person for artwork evaluation acting as the clerk.
  • ④ The appointed members may be paid for allowance and travel expense, within the budget, for attending the meeting.
  • ⑤ The chairperson shall determine, with the decision of the committee, the requirements to operate the committee.
  • Article 30-4 (Exclusion, Recusal, and Evasion of Council Member)
  • ① A member of the committee shall be excluded from the deliberation on an agenda, if any one of the following subparagraphs is applicable to the member:
    • 1. The member is, or was, related to the Structure Owner and an artist, pursuant to the Civil Code Article 777
    • 2. The member has been involved in the consulting and/or servicing (including subcontracting) for the agenda The member or the member’s corporation and/or organization is, or was, a proxy of the Structure Owner and the artist of the agenda.
  • ② The Structure Owner and the artist may file for a recusal with the Committee in the event that he/she has a circumstance that makes the fair deliberation by the member unlikely to expect, and the committee shall determine the recusal of the member by voting. In such case, the member in the recusal filing shall not participate in the decision.
  • ③ A member shall recuse himself/herself from the deliberation and voting of the agenda in the event that the reason for exclusion in the subparagraphs in Paragraph 1 is applicable to the member.
  • Article 30-5 (Dismissal of Committee Member)
  • The Mayor may dismiss a member if any one of the following subparagraphs is applicable to the member
    • 1. Sentenced to imprisonment without labor or heavier punishment
    • 2. Unable to carry out the member duties due to a disease requiring long term treatment or an overseas travel for a span of over six months
    • 3. Known to have been involved in the breach of confidence pertaining to the duties or the personal use of the information
    • 4. Known to have been involved in the misdeeds pertaining to the duties of the committee, or the misdeeds deemed inappropriate to serve as a member
    • 5. Known to have failed to recuse himself or herself from the agenda, notwithstanding the understanding that the reason for exclusion under Article 30-4 Paragraph 1 is applicable to him or her.
  • Article 30-6 (Prohibition of Artwork Participation)
  • Any appointed member shall not participate in the Busan Metropolitan City structure artwork installation during the tenure of appointment.
  • Article 30-7 (Confidentiality)
  • The members shall not breach the confidentiality of any information known or obtained through the committee activities.
  • Article 30-8 (Post-management of Artwork)
  • ① The Structure Owner or an administrator of the installed artwork shall strive with a good faith to maintain the artwork in original state, except that the committee shall deliberate on the change in the original state if necessitated by an unavoidable reason.
  • ② The Mayor may instruct the Structure Owner, with the deliberation of the committee, to restore the original state, if the artwork, installed under the structure use permit, becomes demolished, damaged, altered for use, or lost.
  • ③ The Mayor shall strive for the continued post-management of the artworks by preparing a management register for the artwork and conducting the on-site verification for the maintenance more than once a year.
  • ④ The Structure Owner shall install a sign when installing the artwork

[Repositioned from Article 30-2 <Jan. 13, 2021>]

CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS

  • Article 31 (Delegation of Authorities)The Mayor shall delegate his authorities falling under each of the following subparagraphs to the head of a Gu and Gun:
    • 1. Recommendation to install the cultural art space pursuant to Article 24
    • 2. Any works pertaining to the notification and informing of the installation of the artwork pursuant to Article 25, and acceptance of the request for artwork evaluation, except that this requisite shall not apply to the structures, which shall be constructed with a permit from the Mayor pursuant to the Building Act Article 8 Paragraph `1.
    • 3. Verification of the artwork installation and pricing notification, pursuant to Articles 27 and 28
    • 4. Post-management of artworks pursuant to Article 30-8 Paragraphs 2 and 3
  • Article 32 Deleted. <May 7, 1998>

  • Supplementary Provision (Blanket Revision Ordinance, for Ordinance Title Spacing) <February 16, 2005>

  • The ordinance shall be in effect upon proclamation.

  • Supplementary Provision (Administrative Institution Formation Ordinance) <July 7, 2008>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Revision of Other Ordinance)
  • ① ~ (34) Omitted
  • (35) The Busan Metropolitan City Cultural Art Promotion Ordinance shall be revised in part as follows: “Director General of Culture Tourism Bureau” in Article 3 Paragraph 3 and Article 17 shall be substituted with “Director General of Culture, Sports, and Tourism Bureau,” respectively, and “Director of Culture and Art Division” and “Deputy Director in charge of Culture Administrative work” shall be substituted with “Director in charge of the works of culture promotion” and “Deputy director in charge of the works of culture and art promotion” respectively.
  • (36) ~ (56) Omitted

  • Supplementary Provision <November 5, 2008, Revised January 1, 2014>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect one month after proclamation.
  • Article 2 (Expiration of Validity)
  • The stipulation from Articles 11 through 17 shall be valid through December 31, 2018. <Revised January 1, 2014>
  • Article 3 (Application of Consecutive Term Restriction for Members of Cultural Art Committee)
  • The applying of the revised regulation in the Article 3 Paragraph 4 shall commence with the first member appointed pursuant to the ordinance.
  • Article 4 (Interim Measure on Cultural Art Committee Member)
  • The members of the Cultural Art Committee, who have been appointed under the previous regulation at the time of enforcing the ordinance, shall be deemed a member of the Cultural Art Committee appointed pursuant to the ordinance.
  • Article 5 (Interim Measure on Decorative Art Deliberation Committee Member)
  • The members of the Decorative Art Deliberation Committee, who have been appointed under the previous regulation at the time of enforcing the ordinance, shall be deemed a member of the Decorative Art Deliberation Committee appointed pursuant to the ordinance.

  • Supplementary Provision (Cultural Asset Protection Ordinance) <August 5, 2009>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect one month after proclamation.
  • Article 2
  • Omitted
  • Article 3 (Revision of Other Ordinance)
  • ① Omitted
  • ② The Busan Metropolitan City Cultural Art Promotion Ordinance shall be revised in part as follows: “Busan Metropolitan City Ordinance for Designated Cultural Property Protection” in Article 3 Paragraph 3 Subparagraph 3 shall be substituted with “Busan Metropolitan City Ordinance for Cultural Property Protection.”
  • ③ Omitted

  • Supplementary Provision <July 7, 2010>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect one month after proclamation.
  • Article 2 (Interim Measure on Structure with Construction Permit)
  • The previous regulation shall apply to the construction permit issued or applied prior to enforcing the ordinance, the architectural review completed by the committee pursuant to Article 5 or applied, or the business plan approved pursuant to the Housing Act Article 16 or applied for approval.

  • Supplementary Provision (Culture Sharing Encouragement and Support Ord _) <November 2, 2011>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect one month after proclamation.
  • Article 2 (Revision of Other Ordinance)
  • The Busan Metropolitan City Cultural Art Promotion Ordinance shall be revised in part as follows:
    • “Cultural art promotion” in Article 14 Paragraph 1 Subparagraph 5 shall be substituted with “Cultural art promotion of culture sharing encouragement.”

  • Supplementary Provision <April 4, 2012>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Interim Measure on Special Art Corporation)
  • Those who were designated as a special art corporation or organization, pursuant to the previous stipulation at the time of enforcing the ordinance, shall be deemed designated pursuant to the ord.

  • Supplementary Provision (Ordinance on Youth Culture Cultivation and Support) <May 22, 2013>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Revision of Other Ordinance)
  • The Busan Metropolitan City Cultural Art Promotion Ordinance shall be revised in part as follows:
    • Article 2 Subparagraph 4 shall be substituted with Subparagraph 5 with an incorporation of new Subparagraph 4 to the same article as follows: 4, Any subparagraphs of the Busan Metropolitan City Ordinance on Youth Culture Cultivation and Support Article 6 Paragraph 1

  • Supplementary Provision (Ordinance on Artist Welfare Promotion) <October 30, 2013>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect one month after proclamation.
  • Article 2 (Revision of Other Ordinance)
  • The Busan Metropolitan City Cultural Art Promotion Ordinance shall be revised in part as follows:
    • Article 2 Subparagraph 5_ shall be substituted with Subparagraph 6 with an incorporation of new Subparagraph 5 to the same article as follows: 5, Subparagraphs of the Busan Metropolitan City Ordinance on Artist Welfare Promotion Article 7 Paragraph 1

  • Supplementary Provision <January 1, 2014>

  • The ordinance shall be in effect on and after January 1, 2014.

  • Supplementary Provision <July 9, 2014>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect on and after July 29, 2014.
  • Article 2 (Interim Measure on Busan Metropolitan City Cultural Art Promotion Fund)
  • The Busan Metropolitan City Cultural Art Promotion Fund pursuant to the previous stipulation at the time of enforcing the ordinance shall be deemed the Busan Metropolitan City Culture Promotion Fund pursuant to the ordinance. “Cultural art promotion account of the Cultural Art Promotion Fund” in Article 5 Paragraph 3 shall be substituted with the “Busan Metropolitan City Culture Promotion Fund.”

  • Supplementary Provision (Ordinance on Youth Culture Cultivation and Support) <November 5, 2014>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Revision of Other Ordinance)
  • The Busan Metropolitan City Cultural Art Promotion Ordinance shall be revised in part as follows:
    • Article 2 Paragraph 4 shall be deleted.

  • Supplementary Provision (Administrative Institution Formation Ordinance) <January 1, 2015>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect on and after January 1, 2015.
  • Article 2
  • Deleted
  • Article 3 (Revision of Other Ordinance)
  • ① ~ (80) Omitted
  • (81) The Busan Metropolitan City Cultural Art Promotion Ordinance shall be revised in part as follows:
    • “Administration Deputy Mayor” in Article Paragraph 2 shall be substituted with “Economy Deputy Mayor,” and “Director General of Culture, Sports, and Tourism Bureau” in the provisions of Paragraph 3 of the article, other than the subparagraphs, shall be substituted with “Director General of Culture and Tourism Bureau.”
  • (82) ~ (100) Omitted

  • Supplementary Provision <May 27, 2015>

  • The ordinance shall be in effect upon proclamation.

  • Supplementary Provision (Local Culture Formation Ordinance) <November 14, 2015>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect on and after January 1, 2016.
  • Article 2 ~ Article 4
  • Omitted
  • Article 5 (Revision of Other Ordinance)
  • ① The Busan Metropolitan City Local Culture Formation Ordinance shall be revised in part as follows:
    • Chapter 2 (Articles 2 through 10) and Chapter 3 (Articles 11 through 19) shall be deleted, respectively. “Committee” in Article 20 Para 3 shall be substituted with the Busan Metropolitan City Cultural Art Committee (hereafter called “Committee”) pursuant to the Busan Metropolitan City Local Culture Formation Ordinance Article 14 “Committee pursuant to Article 2” in Article 22 shall be substituted with “Committee.”
  • ② ~ ④ Omitted

  • Supplementary Provision <January 1, 2016>

  • The ordinance shall be in effect one month after.

  • Supplementary Provision (Busan Metropolitan City Administrative Institution Formation Ordinance) <July 10, 2019>

  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Revision of Other Ordinance)
  • ① ~ ⑳; Omitted
  • ㉑; The Busan Metropolitan City Local Culture Formation Ordinance shall be revised in part as follows:
    • “Director General of Culture, Sports, and Tourism Bureau” in the provisions of Article 30 Paragraph 2 of the article, other than the subparagraphs, shall be substituted with “Director General of Culture and Tourism Bureau.”
  • ㉒; ~ (65) Omitted

  • Supplementary Provision <January 13, 2021>

  • The ordinance shall be in effect upon proclamation.

  • Supplementary Provision (Busan Metropolitan City Local Culture Promotion Ordinance) <May 26, 2021>

  • The ordinance shall be in effect upon proclamation.
  • Article 1 (Effective Date)
  • The ordinance shall be in effect on and after June 23, 2021.
  • Article 2
  • Omitted
  • Article 3 (Revision of Other Ordinance)
  • ① The Busan Metropolitan City Local Culture Formation Ordinance shall be revised in part as follows:
    • “Busan Metropolitan City Cultural Art Committee” in Article 20 Paragraph 3 shall be substituted with “Busan Metropolitan City Cultural Cooperation Committee” (hereafter called “Cultural Cooperation Committee”), and the “Busan Metropolitan City Cultural Art Committee” in Paragraphs 4 and 5 of the Article and Article 22 shall be substituted with “Cultural Cooperation Committee.”
  • ② ~ ③ Omitted
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