KR002: Copyright, Decree (Consolidation), 22/04/1959 (29/06/1996), No. 1482 (No. 15081)

Enforcement Decree of the Copyright Act

TABLE OF CONTENTS

Article

Purpose 1

Exception to Public Performance in Respect to Commercial Phonograms 2

Facilities in Which Reproduction is Permitted 3

Facilities Capable of Sound Recording of Sounds for the Blind 4

Facilities for Preservation of Sound Recordings 5

Cancellation of Designation 6

Application for Exploitation of Works 7

Statement of Opinion 8

[Without Title] 9

Notification of Approval 10

[Without Title] 11

[Without Title] 12

Deposition of Compensation 13

Rejection of Application 14

Principles of Application 15

Application for Registration 16

Applicant of Registration 17

Copyright Register, etc. 18

Delivery of Registration Certificate 19

Correction of Registered Matters 20

Modification of Registered Matters 21

Indication of Owner of Right of Reproduction 22

Designation of Organization of Performers 23

Operational Rules 24

Accounts 25

Report on Performance Record and Programs of Business 26

Cancellation of Designation 27

Designation of Organization Which Exercises Right of Lending Phonograms for Sale 27-2

Designation of Organization of Producers of Phonograms 28

Application for Permit of Copyright Management Services 29

Report of Copyright Management Services 29-2

Report, etc. 30

Procedure of Hearing 31

Chairman and Vice Chairmen 32

Convocation of Meeting and Quorum 33

Establishment of Subcommittees 34

Treatment of Members, etc. 35

[Without Title] 36

Procedure of Conciliation 37

Rules Concerning Operation of the Committee 38

Secretariat, etc. 39

Budget and Settlement of Accounts 40

Fees 41

Addendum

Addendum (January 3, 1990)

Addendum (December 1, 1990)

Addendum (April 8, 1991 )

Addendum (April 25, 1992)

Addendum (March 6, 1993)

Addendum (June 30, 1994)

Addendum (July 23, 1994)

Addendum (October 4, 1994)

Addendum (June 29, 1996)

1. The Decree aims at providing for matters delegated by the Copyright Act and matters necessary for its enforcement.

2. The term "cases as prescribed by the Presidential Decree" in the proviso of Paragraph (2) of Article 26 of the Copyright Act (hereinafter referred to as "Act") means the following public performances: (Amended by Presidential Decree No. 14304, Jun. 30, 1994)

1. Public performance given at a merrymaking barroom as prescribed under Item d of Subparagraph 8 of Article 7 of the Enforcement Decree of the Food Sanitation Act;

2. Public performance given at a place of business as prescribed under each Item of Subparagraph 8 of Article 7 of the Enforcement Decree of the Food Sanitation Act, where a part of its main contents of business is the appreciation of musical or cinematographic works, which advertises its contents of business, and is equipped with special facilities to appreciate the musical or cinematographic works.

3. The term "facilities as prescribed by the Presidential Decree" in Article 28 of the Act (including the cases where Paragraph (2) of Article 60 and Article 71 are applied mutatis mutandis) means the following facilities: (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13342, Apr. 8, 1991; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 14339, Jul. 23, 1994)

1. Public libraries, school libraries and special libraries as prescribed by the Library and Book Reading Promotion Act (excluding the special libraries established by profit-making corporations or organizations);

2. facilities established by the state, local governments, non-profit corporations or organizations for the purpose of preserving, lending and offering books, documents, phonograms and other materials for use by the public;

3. Other facilities similar to those as prescribed in Subparagraphs 1 and 2 which have been designated by the Minister of Culture and Tourism and deemed necessary for offering books, documents, phonograms and other materials for use by the public.

4. The term "facilities as prescribed by the Presidential Decree" in Paragraph (2) of Article 30 of the Act (including the cases where Paragraph (2) of Article 60 and Article 71 of the Act are applied mutatis mutandis) means any of the following facilities: (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13173, Dec. 1, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 14395, Oct. 4, 1994)

1. Facilities established and operated by the state, local governments, social welfare legal persons and other non-profit legal persons which falls under any of the following Items:

(a) Rehabilitation facilities for the visually handicapped:

(b) Braille libraries;

(c) Facilities which take care of the visually handicapped such as the nursing homes for the handicapped persons and the work places for the handicapped persons.

2. Special schools as prescribed by the Education Act and the Special Education Promotion Act, and schools having special classes for the visually handicapped persons.

3. Facilities established and operated by non-profit legal persons or organizations for the purpose of education, science or promotion of welfare;

4. Other facilities which have been designated by the Minister of Culture and Tourism and deemed necessary for the education, science and research for the visually handicapped persons.

5. The term "places as prescribed by the Presidential Decree" in the proviso of Paragraph (2) of Article 31 of the Act (including the cases where Article 71 of the Act is applied mutatis mutandis) means any of the following facilities: (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

1. Facilities established and operated by the state or the local government for the purpose of preserving recorded materials; and

2. Facilities designated by the Minister of Culture and Tourism which have been established for the purpose of collecting and preserving as documentary records the sound and visual recordings which have been offered for broadcasting.

6. The Minister of Culture and Tourism may cancel the designation of a facility designated under Subparagraph 3 of Article 3 and Subparagraph 2 of Article 5, if the said facility falls under any of the followings: (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

1. Where the person who established and operated the facility, has infringed unfairly the rights of the copyright owner in the course of carrying out his business;

2. Where the facility has been out of operation or closed;

3. Where the Minister of Culture and Tourism deems it necessary for the protection of copyright.

7.-(1) Any person who intends to obtain the approval of the Minister of Culture and Tourism under Articles of 47, 48 and 50 of the Act, shall submit an application for the exploitation of a work to the Minister of Culture and Tourism according to the Ordinance of the Ministry of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 15081, Jun. 29, 1996)

(2) Deleted. (by Presidential Decree No. 15081, Jun. 29, 1996)

8.-(1) The Minister of Culture and Tourism, on receipt of an application for approval under Article 7, shall give the owner of authors' property rights or his representative an opportunity to state his opinion in a prescribed period of more than seven days but not shorter than thirty days; provided that if the application for exploitation of a work is under the provisions of Article 47, the content of the application shall be announced in the Official Gazette within a prescribed period of sixty days. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 15081, Jun. 29,1996)

(2) The provisions of Paragraphs (1) to (4) of Article 31 shall be applicable mutatis mutandis to the procedure, etc. for the statement of opinion under the text of Paragraph (1).

9. Deleted.

10. If the Minister of Culture and Tourism has given his approval to an application under Paragraph (1) of Article 7, he shall notify it to the applicant and the owner of authors' property rights; provided that if the owner of authors' property rights or his residence cannot not be identified, he shall announce it in the Official Gazette. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 15081, Jun. 29, 1996)

11. Deleted.

12. Deleted.

13.-(1) The cases where the deposition of compensation can be made instead of paying it to the owner of authors' property right under Articles 47, 48 and 50 of the Act shall be as follows:

1. Where the owner of author's property right or his residence cannot be identified;

2. Where the owner of author's property right has refused to receive the compensation or it is impossible to pay it to the owner of author's property right by other reasons;

3. Where the right of pledge is established on the said property right (excluding the case where the owner of author's property right has obtained the consent of the pledgee).

(2) The deposition of compensation under Paragraph 1) shall be made, if the domicile of the owner of authors' property rights is in the Republic of Korea, at the depository in the jurisdiction of his domicile, and in other cases, at the depository in the jurisdiction of the legal licence's domicile.

(3) The person who has deposited the compensation under Subparagraphs 2 and 3 of Paragraph (1), shall notify the fact of deposition to the person who is entitled to receive the deposit and report it to the Minister of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

(4) The person who has deposited the compensation under Subparagraph 1 of Paragraph (1), shall announce the fact of deposition as prescribed by the Ordinance of the Ministry of Culture and Tourism, and report it to the Minister of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

(5) The provisions of Civil Code and the Deposit Act shall apply mutatis mutandis to matters not provided for in this Decree with respect to deposition.

(6) The provisions of Paragraphs (1) to (5) shall apply mutatis mutandis to the deposition under the provisions of Paragraph (3) of Article 23 of this Act.

14.-(1) The Minister of Culture and Tourism may reject the application for exploitation of a work under Article 7, if the application falls under any of the following: (Amended by Presidential Decree No. 12895, Jan. 3, 1990;

Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 15081, Jun. 29, 1996)

1. Where the object for which the application to exploit a work has been made can be sufficiently achieved by other means without the work concerned;

2. Where it is not in conformity with the requirements for the application to exploit a work as prescribed under Articles 47, 48 and 50;

3. Where the copyright owner or his residence has been identified or an agreement has been reached before the approval for exploitation of a work;

4. Where the copyright owner has withdrawn all the reproductions of a work so as not to be offered for publication or other means of exploitation;

5. Where the Minister of Culture and Tourism has confirmed that the copyright owner has an unavoidable reason for not authorizing the exploitation of his work.

(2) If the Minister of Culture and Tourism has rejected the application for exploitation of a work under the provisions of Paragraph (1), he shall notify the reasons to the applicant as well as to the owner of author's property right; provided that the owner of authors' property rights or his residence cannot be identified. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

15.-(1) The registration as prescribed under Articles 51 and 52 (including the cases where Paragraph (3) of Articles 60 and 73 of the Act are applied mutatis mutandis) shall be made by an application or commission, except the cases as provided otherwise in this Decree.

(2) The procedure of registration by an application shall apply mutatis mutandis to the procedure of registration by commission.

16. A person who intends to register under Article 15, shall submit an application for registration of copyright or neighboring right to the Minister of Culture and Tourism as prescribed by the Ordinance of the Ministry of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

17.-(1) The application for registration under Article 52 of this Act (including the cases where Paragraph (3) of Article 60 and Article 73 are applied mutatis mutandis) shall be made, except the cases as provided otherwise by other laws and regulations, jointly by the obligee and obligor of registration; provided that when a written consent of the obligor is attached to the application, the application may be made by the obligee alone.

(2) The application by a judgment, inheritance, and other general succession or commission may be made only by the obligee of registration.

(3) The application for change or correction of the indication of the title holder of registration may be made by the title holder of registration.

18. Matters of registration, delivery of transcripts and application for inspection of the copyright register as prescribed under Article 53 of the Act, register of the right of publication as prescribed under Paragraph (3) of Article 60 of the Act and register of neighboring rights as prescribed under Article 73 of the Act (hereinafter referred to as "register") and other necessary matters shall be determined by the Ordinance of the Ministry of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

19. The Minister of Culture and Tourism shall deliver the registration certificate to the applicant, if the application for registration under Article 16 has been received and the registration made on the register. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

20.-(1) The Minister of Culture and Tourism shall notify, when he has discovered any error or omission in the matters registered on the register under Article 19, the fact without delay to the obligee and obligor of the registration. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6,1993)

(2) If the error or omission as referred to in Paragraph 1 has been caused by the fault of public official in charge of registration, the registration shall be promptly corrected and the corrected contents shall be notified to the obligee and obligor of registration.

(3) If there is a third party who is interested in the correction of the registered matters under Paragraphs (1) and (2), the third party shall also be notified of the contents of such errors and omissions.

21. If the obligee applies for the registration of correction, modification, erasure or recovery of erased registration with respect to the matters of registration under Article 19, he shall submit to the Minister of Culture and Tourism an application for modification of registration along with documents which substantiate the fact of modification as prescribed by the Ordinance of the Ministry of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

22. The indication of the owner of the right reproduction under Paragraph (3) of Article 55 of the Act shall be made according to the following categories, except the cases of periodicals registered under Article 7 of the Act Concerning the Registration of Periodicals: (Amended by Presidential Decree No. 14304, Jun. 30, 1994)

1. If the object of reproduction is a foreigner's work, the indication of the name of the owner of the right of reproduction and the first year of its publication;

2. If the object of reproduction is a work of a national of the Republic of Korea, the indication as referred to in Paragraph 1 and the approval seal of the owner of the right of reproduction;

3. If the right of reproduction has been transferred by assignment to the owner of the right of publication, the indication to such effect.

23.-(1) The organization of performers to be designated by the Minister of Culture and Tourism under Paragraph (2) of Article 65 shall satisfy the following requirements: (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

1. It shall not be for profit-making purposes;

2. Its members shall be allowed to enter or withdraw at will;

3. The voting and electing right of its members shall be equal.

(2) If the Minister of Culture and Tourism has designated an organization under Paragraph (2) of Article 65 of the Act, he shall announce it in the Official Gazette. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

24. The organization designated under Paragraph (2) of Article 65 of the Act (hereinafter referred to as "designated organization") shall establish the rules concerning the execution of matters related to compensation which shall provide the following matters, and obtain the approval of the Minister of Culture and Tourism, and the same shall also apply to the case where it intends to modify such rules: (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

1. Matters concerning the acceptance of delegation of power to exercise the right of performers to receive compensation;

2. Matters concerning the apportionment of compensation;

3. Matters concerning the fee accruing from the exercise of the right to receive compensation;

4. Other matters which the Minister of Culture and Tourism deems necessary in connection to the exercise of the right of performers to receive compensation.

25. The designated organization shall carry out the accounts of compensation in separation from other accounts.

26.-(1) The designated organization shall prepare programs of business and draft budget for the following year before the expiry of the current business year, and submit them to the Minister of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

(2) The designated organization shall prepare a performance record and a statement of accounts of the previous year within two months after the closure of the current business year, and submit them to the Minister of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

(3) The statement of accounts as referred to in Paragraph 2 shall include the following accompanying documents:

1. The present state of affairs and inventory of properties as of the end of the previous business year (in the case of cash, deposit certificates issued by financial institutions shall be attached);

2. Documents specifying the cause of increase and decrease in properties; and

3. Documents specifying the change in staff members.

27.-(1) The Minister of Culture and Tourism may cancel the designation if the designated organization falls under any of the followings after deliberation by the Copyright Deliberation and Conciliation Committee as prescribed under the provisions of Article 81 of the Act: (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

1. Where the organization can no longer satisfy the requirements as prescribed under Paragraph (1) of Article 23;

2. Where the organization has violated the operational rules as prescribed under Article 24;

3. Where the organization has neglected the duty to report as prescribed under Article 26;

4. Where the organization has discontinued the services of compensation for so long that it is deemed to prejudice the interests of performers.

(2) If the Minister of Culture and Tourism has cancelled the designation under Paragraph (1), he shall announce it in the Official Gazette. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

27-2. With respect to the designation and operational rules of an organization which is entitled to authorize the rental of commercial phonograms under the provisions Paragraphs (2), (3) and (6) of Article 65 which are applied mutatis mutandis under Paragraph (2) of Article 65-2 and Paragraph (2) of Article 67-2, the provisions of Articles 23 to 27 shall be applicable. In this case, the term "the right to receive compensation" shall be considered as "the right to authorize the rental" and the term "compensation" as "rental royalty."

[This Article Newly Inserted by Presidential Decree No. 14304, Jun. 30, 1994]

28. With respect to the designation and operational rules of an organization which is entitled to a claim of compensation of producers of phonograms from the broadcasting organizations under Paragraph (2) to (6) of Article 65 of the Act which are applied mutatis mutandis under Paragraph (2) of Article 68 of the Act, the provisions of Articles 23 to 27 shall be applicable. In this case, the term "performance" shall be considered as "production of phonograms" and the term "performers" as "producers of phonograms."

29.-(1) Any person who intends to obtain a permit for copyright management services (excluding those who act as an agent or intermediary of copyright management services) shall prepare the rules concerning the copyright management services which include the following items and submit it along with the application for a permit for copyright management service to the Minister of Culture and Tourism: (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 14304, Jun. 30, 1994)

1. Categories of business activities;

2. Categories of works to be handled;

3. Clauses of contract concerning the acceptance of agency, intermediary or trusteeship, and concerning the exploitation of works;

4. Matters concerning the royalty rate or amount of money according to the categories of works and the method of exploitation;

5. Matters concerning the rate of fees or amount of money as prescribed under the provisions of Paragraph (3) of Article 78.

(2) The person who intends to modify the rules concerning the copyright management services as referred to in Paragraph 1 shall obtain the approval of the Minister of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6,1993)

29-2.-(1) The person who intends to engage copyright management services only as an agent or intermediary as prescribed under the proviso of Paragraph (1) of Article 78 shall prepare the rules concerning copyright management services including each Item of Paragraph (1) of Article 29 (in the case of Item 3, the clauses of contract concerning the acceptance of agency or intermediary and concerning the exploitation of works), and submit them along with the application for a permit for copyright management services to the Minister of Culture and Tourism.

(2) The person who intends to modify the rules concerning the copyright management services under provisions of Paragraph (1) shall report it to the Minister of Culture and Tourism as prescribed by the Ordinance of the Ministry of Culture and Tourism. (Amended by Presidential Decree No. 15081, Jun. 29, 1996)

[This Article Newly Inserted by Presidential Decree No. 14304, Jun. 30, 1994]

30.-(1) The copyright management service provider shall report the business performance of the previous year and the programs of the current year as prescribed by the Ordinance of the Ministry of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6,1993)

(2) Deleted. (by Presidential Decree No. 15081, Jun. 29, 1996)

31.-(1) If an opportunity is to be given to a person to state his opinion under Paragraph (3) of Article 80 of the Act, the other party against whom the measure has been taken or his representative shall be notified in writing seven days before the date of hearing.

(2) The other party or his representative who has received the notification under Paragraph (1) shall present himself on the designated date and state his opinion or present his opinion in writing.

(3) If the other party or his representative has presented himself and stated his opinion as prescribed under Paragraph (2), the official concerned shall prepare in writing the gist, and have the person present confirm it personally and then sign his name and put his seal on it.

(4) The notification as referred to in Paragraph (1) shall specify the effect that if he has failed to comply with it without any justifiable reason, he shall be considered to have given up the opportunity to state his opinion.

(5) The provisions of Paragraphs (1) to (4) shall be applicable to the case where the designation is to be cancelled under Articles 6 and 27 (including the case to which Article 28 is applied mutatis mutandis).

32.-(1) The chairman of the Copyright Deliberation and Conciliation Committee as prescribed under Article 81 of the Act (hereinafter referred to as "Committee") shall take charge of the affairs of the Committee and represent the Committee.

(2) The vice chairmen shall assist the chairman, and if the chairman is absent by accident, the vice chairman designated by the chairman shall act for him.

33.-(1) The chairman shall convene the meeting of the Committee and preside over it.

(2) The Committee shall convene its meeting with the attendance of more than a majority of its members, and make a decision by a concurrent vote of more than two-thirds of the members present. (Amended by Presidential Decree No. 15081, Jun. 29, 1996)

(3) The members of the Deliberation and Conciliation Division of the Committee (hereinafter referred to as "member") shall not participate in the deliberation of matters in which they have direct personal interests.

34. The Committee shall establish subcommittees if it is deemed necessary for the execution of its business.

35.-(1) The Committee members other than the chairman shall serve on the non-standing basis.

(2) Remuneration shall be paid to the standing member and the non-standing members may be paid expenses actually needed to perform their duties within the limit of budget.

(3) The standing member shall not engage himself in any profit-making activity other than his duty, and shall not serve concurrently in any other position without the approval of the Minister of Culture and Tourism. (Amended by Presidential Decree No. 13869, Mar. 6, 1993)

[This Article Wholly Amended by Presidential Decree No. 13633, Apr. 25, 1992]

36. Deleted.

37.-(1) The person who intends to apply for conciliation under Paragraph (1) of Article 84 of the Act, shall submit the application for conciliation to the Secretariat of the Committee as determined by the Committee.

(2) If a person applies for conciliation as prescribed under Paragraph 1, he shall pay the amount of conciliation fee as determined by the Committee.

(3) The chairman, on receipt of the application for conciliation under Paragraph (1), shall designate a conciliation division and refer the application for conciliation to it.

(4) If the conciliation division which has received the application for conciliation under Paragraph (3), demands the attendance of the person concerned or his representative under Paragraph (1) of Article 85, the provisions of Paragraph (1) to (4) of Article 31 shall be applicable to the procedure for such demand.

(5) The conciliation division may prepare a proposal of conciliation, present it to the person concerned, and recommend him to accept it.

(6) The Committee may pay actual expenses such as allowances and traveling expenses to the person other than the party concerned who has presented himself in compliance with the demand of the Committee.

(7) If conciliation has been concluded under Paragraph (1) of Article 86 of the Act, the Committee shall report it without delay to the Minister of Culture and Tourism, manage and preserve the protocol and other records. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 15081, Jun. 29, 1996)

(8) The provisions of Paragraphs (1) to (7) shall be applicable to the procedure of conciliation as prescribed under Paragraph (5) of Article 65 of Act (including the cases to which Paragraph (2) of Article 68 of the Act is applied mutatis mutandis).

38.-(1) Matters other than those provided in this Decree which are necessary for the operation of the Committee shall be determined by the Committee.

(2) When the Committee enacts or revises the rules relating to the operation of the Committee, it shall obtain the approval of the Minister of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

39.-(1) The Committee shall establish a secretariat in order to execute its business and a research office. (Amended by Presidential Decree No. 15081, Jun. 29, 1996)

(2) The secretariat shall have the secretary-general and other necessary staff appointed by the chairman; provided that if he appoints the secretary-general, he shall obtain the approval of the Minister of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993)

(3) The research office shall have one director and other necessary research staff appointed by the chairman. (Newly Inserted by Presidential Decree No. 15081, Jun. 29, 1996)

(4) The Committee shall determine the organization, number of staff, remuneration and other necessary matters of the secretariat and research office. (Amended by Presidential Decree No. 15081, Jun. 29, 1996)

40.-(1) The Committee shall prepare the programs of business and draft budget of the following business year before the expiry of each business year, and submit them to the Minister of Culture and Tourism for approval. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 15081, Jun. 29, 1996)

(2) The Committee shall prepare each business year a performance record and a statement of accounts and submit them to the Minister of Culture and Tourism within sixty days after the expiry of the current business year. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 15081, Jun. 29, 1996)

(3) The Minister of Culture and Tourism may have the Committee report on its work or submit relevant materials to him if it is deemed necessary. (Newly Inserted by Presidential Decree No. 13633, Apr. 25, 1992; Presidential Decree No. 15081, Jun. 29, 1996)

41. The person who applies for a approval, permit, report, registration, transcript or inspection shall pay a fee as prescribed by the Ordinance of the Ministry of Culture and Tourism. (Amended by Presidential Decree No. 12895, Jan. 3, 1990; Presidential Decree No. 13869, Mar. 6, 1993; Presidential Decree No. 14304, Jun. 30, 1994)

This Decree shall come into force on and after July 1, 1987; provided that the provisions of Paragraph (2) of Article 7 and Article 9 shall come into force on and after the date on which the Universal Copyright Convention comes into effect in the Republic of Korea.

1. This Decree shall come into force on and after the date of its promulgation.

2 and 3. Article Omitted.

1. This Decree shall come into force on and after the date of its promulgation (Proviso Omitted).

2 to 4. Omitted.

1. This Decree shall come into force on and after April 9, 1991.

2 to 8. Omitted.

This Decree shall come into force on and after the date of its promulgation.

1. This Decree shall come into force on and after the date of its promulgation.

2 to 4. Omitted.

1. This Decree shall come into force on and after July 1, 1994.

2. The person who has obtained permit for copyright management services as an agent or intermediary under the previous provisions at the date this Decree has come into force shall be considered to have obtained the permit for copyright management services as an agent or intermediary under this Decree.

1. This Decree shall come into force on and after July 25, 1994.

2 to 8. Omitted.

1. This Decree shall come into force on and after the date of its promulgation

2 to 3. Omitted.

This Decree shall come into force on and after July 1, 1996.