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Busan Metropolitan City Ordinance for Promotion of Film and Video Industry

By Film & Contents Industry Division Feb 26, 2018 483  Views
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BUSAN METROPOLITAN ORDINANCE FOR PROMOTION OF FILM AND VIDEO INDUSTRY

Wholly Amended by Ordinance No. 4674, Sep. 21, 2011

Amended by Ordinance No. 4777, Jul. 11, 2012

Ordinance No. 4815, Oct. 31, 2012

Ordinance No. 5024, May 14, 2014

Ordinance No. 5078, Jan. 1, 2015

Ordinance No. 5254, Nov. 4, 2015

CHAPTER Ⅰ GENERAL PROVISIONS

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to contribute to improving citizens' cultural lifestyle and strengthening the competitiveness of the film and video industry by prescribing matters necessary for the promotion of film and video culture and the film and video industry and support therefor.
  • Article 1-2 (Definitions)
  • The definitions of terms used in this Ordinance shall be as follows:
    • 1. The term "video works" means objects (excluding those by computer programs), the continuous images of which are fixed on films, tapes, disks, or another tangible object, and may be seen and heard or received and sent through reproduction by machines or electronic devices under subparagraph 1 of Article 2 of the Framework Act on the Video Industry Promotion;
    • 2. The term "video industry" means the industry and technology related to producing, utilizing, distributing, disseminating, exporting and importing video works under subparagraph 2 of Article 2 of the Framework Act on the Video Industry Promotion. [This Article Newly Inserted by Ordinance No. 5024, May 14, 2014]
  • Article 2 (Formulation and Implementation of Plans for Development of Film and Video Industry)
  • The Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") shall formulate and implement a plan for the development of the film and video industry, inclusive of the following matters, for the promotion of film and video culture and the film and video industry:
    • 1. Vision for, strategies and tasks of film and video culture and the film and video industry;
    • 2. A support plan for film, game, animation, advertising, broadcasting and cultural content-related industries, etc.;
    • 3. A plan for expanding infrastructure for the promotion of the film and video industry;
    • 4. A support plan for the production of film and video products;
    • 5. A plan for attracting film and video industry-related enterprises or training for film and video-related experts;
    • 6. Strategies and tasks for public relations of and marketing the film and video industry;
    • 7. Other matters necessary for the promotion of film and video culture and the film and video industry.
  • Article 3 (Promotion and Support of Film and Video Industry)
  • In order to promote film and video culture and the film and video industry, the Mayor may provide administrative or financial support to those who fall under any of the following subparagraphs:
    • 1. A person who establishes or operates a film and video industry-related company;
    • 2. A person who relocates a film and video industry-related company to the area of Busan Metropolitan City;
    • 3. A person who engages in film and video industry-related research;
    • 4. A person who trains film and video industry-related experts;
    • 5. A person who develops infrastructure necessary for the promotion of the film and video industry;
    • 6. A non-profit corporation or organization established for the purpose of promoting film and video culture and the film and video industry.
  • Article 3-2 (Improvement of Accessibility on Video Works)
  • The Mayor shall endeavor to promote the following projects for classes who have difficulties in accessing or using video works due to disabilities or advanced ages:
    • 1. Project to produce and disseminate video works including closed caption, explanation of screens, and sign language interpretation;
    • 2. Project to improve environment for enhancing the accessibilities of the disabled, aged, etc.;
    • 3. Project to improve social awareness for expanding the accessibilities of video works;
    • 4. Project to train professional human resources for closed caption, explanation of screens and sign language interpretation;
    • 5. Project for cooperative network with related organizations. [This Article Newly Inserted by Ordinance No. 5024 May 14, 2014]

CHAPTER Ⅱ ESTABLISHMENT AND OPERATION OF FILM AND VIDEO INSTITUTIONS

  • Article 4 (Names and Seats of Film and Video Institutions)
  • The names and seats of institutions (hereinafter referred to as "film and video institution") established by Busan Metropolitan City (hereinafter referred to as "City") for the promotion of film and video culture and the film and video industry shall be as follows: [Amended by Ordinance No. 4777, Jul. 11, 2012; Ordinance No. 4815, Oct. 31, 2012]
  • Name Seat
    Busan Cinema Center 1467, Woo-dong, Haewoondae-gu, Busan Metropolitan City
    Busan Cultural Content Complex 1466-1, Woo-dong, Haewoondae-gu, Busan Metropolitan City
    Busan Cinema Studios 1392, Woo-dong, Haewooondae-gu, Busan Metropolitan City
    Busan Film and Video Post - Production Institution 1466, Woo-dong, Haewoondae-gu, Busan Metropolitan City
    Film and Video Industry Center 39, Centumseo-ro (Woo-dong), Haewoondae-gu, Busan Metropolitan City
  • Article 5 (Projects)(1) Film and video institutions shall implement the following projects: [Amended by Ordinance No. 4815, Oct. 31, 2012]
    • 1. Busan Cinema Center:
      • (a) Projects to promote film and video culture and the film and video industry;
      • (b) Projects to screen films and provide performances;
      • (c) Hosting the Busan International Film Festival and various film and video-related events;
      • (d) Providing education, courses or seminars on films and videos, preview screenings thereof, etc.;
      • (e) Collecting and exhibiting domestic and overseas information and data on films and videos, and exchanging domestic and overseas films and videos;
      • (f) Renting and leasing institutions, equipment or facilities, including a movie theater, a performance hall, etc.;
    • 2. Busan Cultural Content Complex:
      • (a) Projects to develop infrastructure for the promotion of the cultural content industry;
      • (b) Attracting domestic and overseas cultural content companies and supporting local cultural content companies;
      • (c) Projects to train cultural content experts;
      • (d) Surveys and research of cultural content-related information;
    • 3. Busan Cinema Studios:
      • (a) Attracting filming and supporting the production of films and videos;
      • (b) Collecting film-related information and data;
    • 4. Busan Film and Video Post-Production Institution:
      • (a) Film and video post-production, such as developing, editing, digital intermediate (D.I.), computer graphics (C.G.), recording;
      • (b) Film and video production, such as films, games, animations.
    • 5. Film and video industry center:
      • (a) Projects to establish foundation for promoting film and video industry;
      • (b) Inducing and supporting enterprises, institutions or organizations related to film and video industry;
      • (c) Projects to train professional human resources for film and video industry;
      • (d) Investigating and researching information related to film and video industry.
  • Article 6 (Entrustment of Management and Operation)(1) In order to efficiently manage and operate a film and video institution, the Mayor may entrust a non-profit corporation or organization established for the purpose of promoting film and video culture and the film and video industry with the management and operation of a film and video institution.
  • (2) Where the Mayor intends to entrust the management and operation of a film and video institution pursuant to paragraph (1), he/she shall enter into a trust contract with an entrusted person (hereinafter referred to as "trustee") and the period of such contract shall not exceed five years.
  • (3) A trustee referred to in paragraph (2) shall develop regulations necessary for the management and operation of a film and video institution and obtain the Mayor's approval on such regulations. The same shall also apply when the trustee intends to amend the regulations.
  • (4) Public property and commodities-related Acts and subordinate statutes (including laws and regulations for autonomy) and the Busan Metropolitan Framework Ordinance on Entrustment to Private Sector shall apply mutatis mutandis to matters regarding entrustment, except as otherwise provided for in this Ordinance.
  • Article 7 (Guidance and Supervision)(1) Where the Mayor entrusts the management and operation of a film and video institution pursuant to Article 6 (1), he/she may require a trustee to submit a report on the affairs entrusted, or order the relevant public official to inspect or examine the status of the management and operation of a film and video institution, documents, and so forth.
  • (2) Where the Mayor finds any matter to be corrected upon receipt of a report, or an inspection or examination pursuant to paragraph (1), he/she shall order a trustee to correct such matter or shall take other necessary measures.
  • Article 8 (Cancellation of Trust Contracts)
  • Where a trustee falls under any of the following subparagraphs, the Mayor may cancel a trust contract:
    • 1. Where a trustee violates the relevant Act or subordinate statute or this Ordinance;
    • 2. Where a trustee violates a trust contract;
    • 3. Where it is impracticable to operate a film and video institution normally due to reasons attributable to him/her.
  • Article 9 (Hearings)
  • Where the Mayor intends to cancel a trust contract pursuant to Article 8, he/she shall hold a hearing.

CHAPTER Ⅲ (Articles 10 through 16) Deleted. [by Ordinance No. 5254, Nov. 4, 2015]

  • ADDENDA [Ordinance No. 4674, Sep. 21, 2011]
  • Article 1 (Enforcement Date)
  • This Ordinance shall enter into force on the date of its promulgation.
  • Article 2 (Term of Validity)
  • The provisions of Articles 10 through 16 shall remain in effect until December 31, 2016.
  • Article 3 (Repeal of other Ordinances)
  • The Busan Metropolitan Ordinance on the Film and Video Promotion Fund is hereby repealed.
  • Article 4 (Transitional Measures concerning Fund)
  • The Busan Metropolitan Film and Video Promotion Fund prescribed in the former provisions as at the time this Ordinance enters into force shall be deemed the Busan Metropolitan Film and Video Promotion Fund prescribed in this Ordinance.
  • ADDENDA [Ordinance No. 5254, Nov. 4, 2015]
  • Article 1 (Enforcement Date)
  • This Ordinance shall enter into force on January 1, 2016.
  • Articles 2 through 5 Omitted.