Article 130 (Delegation and Entrustment of Authority)

The Minister of Culture, Sports and Tourism may delegate part of his/her authority pursuant to this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor and Special Self-Governing Province Governor as prescribed by Presidential Decree, or may entrust it to the Commission, Protection Agency, or copyright-related organizations.
<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009; Act No. 14083, Mar. 22, 2016>

Article 131 (Legal Fiction as Public Official in Application of Penal Provisions)

Members and employees of the Commission, executive officers and employees of the Protection Agency, and members of the Deliberation Committee shall be deemed public officials in the application of Articles 129 through 132 of the Criminal Act.
<Amended by Act No. 14083, Mar. 22, 2016>

Article 132 (Fees)

Those who apply, etc. for a matter falling under any of the following subparagraphs pursuant to this Act shall pay a fee, as stipulated by Ordinance of the Ministry of Culture, Sports and Tourism:
<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>

Article 133 (Collection, Destruction and Deletion of Illegal Copies)

1. (1) When the Minster of Culture, Sports and Tourism, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor and a Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) finds out copies (excluding copies which are interactively transmitted through information and communication networks) that infringe on copyright or other rights protected pursuant to this Act, or tools, devices, information and programs manufactured to circumvent technological protection measures for works, etc., he/she may have the relevant public officials collect, destroy or delete them pursuant to the procedures and methods prescribed by Presidential Decree.
   <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>
2. (2) The Minster of Culture, Sports and Tourism may entrust the duties pursuant to the provisions of paragraph (1) to an organization prescribed by Presidential Decree. In such cases, those who are engaged in these duties shall be deemed public officials.
   <Amended by Act No. 8852, Feb. 29, 2008>
3. (3) Where the relevant public officials, etc. collect, destroy or delete them pursuant to paragraphs (1) and (2), the Minster of Culture, Sports and Tourism may request the relevant organization for cooperation if necessary.
   <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>
4. (4) Deleted <by Act No. 9625, Apr. 22, 2009>
5. (5) The Minister of Culture, Sports and Tourism may set up and operate structures necessary for the duties pursuant to paragraph (1).
   <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>
6. (6) Where the provisions of paragraphs (1) through (3) conflict with the provisions of other Acts, this Act shall prevail to the extent of the conflict.
   <Amended by Act No. 9625, Apr. 22, 2009>

Article 133-2 (Orders, etc. for Deletion of Illegal Copies, etc. through Information and Communications Networks)

1. (1) Where a copy or information which infringes on copyright or other rights protected under this Act, or a program or information (hereinafter referred to as "illegal copies, etc.") which circumvents technological protection measures is interactively transmitted through information and communications network, the Minister of Culture, Sports and Tourism may order, following deliberation by the Deliberation Committee, an online service provider to take measures referred to in the following subparagraphs, as prescribed by Presidential Decree:
   <Amended by Act No. 14083, Mar. 22, 2016>

1. (2) Where any reproducer and interactive transmitter who receives warnings pursuant to paragraph (1) 1 three times or more interactively transmits illegal reproductions, etc., the Minister of Culture, Sports and Tourism may order, following deliberation by the Deliberation Committee, an online service provider to suspend an account (excluding an exclusive account for e-mail and including other accounts given by the relevant online service provider; hereinafter the same shall apply) of the relevant reproducer or interactive transmitter within a fixed period of up to six months.
   <Amended by Act No. 11110, Dec. 2, 2011; Act No. 14083, Mar. 22, 2016>
2. (3) An online service provider who has received orders pursuant to paragraph (2) shall, seven days before he/she suspends an account of the relevant reproducer or interactive transmitter, notify the relevant reproducer or interactive transmitter of the fact that the relevant account will be suspended, as prescribed by Presidential Decree.
3. (4) Where a bulletin board for which orders pursuant to paragraph (1) 2 have been issued more than three times from among bulletin boards (referring to bulletin boards providing commercial interests or convenience of use from among the bulletin boards referred to in Article 2 (1) 9 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; hereinafter the same shall apply) established in information and communications network of an online service provider is judged to seriously harm healthy use of copyright in the light of the form of the relevant bulletin board and the quantity and nature of copies posted, the Minister of Culture, Sports and Tourism may order, following deliberation by the Deliberation Committee, the online service provider to suspend the whole or part of the relevant bulletin board service within a fixed period not exceeding six months, as prescribed by Presidential Decree.
   <Amended by Act No. 14083, Mar. 22, 2016>
4. (5) An online service provider who has received orders pursuant to paragraph (4) shall, from ten days before he/she suspends the relevant bulletin board service, post the fact that the relevant bulletin board service is suspended on the website of the relevant online service provider and on the relevant bulletin board, as prescribed by Presidential Decree.
5. (6) An online service provider shall notify the Minister of Culture, Sports and Tourism of the result of measures taken within five days from receiving an order pursuant to paragraph (1), within ten days from receiving an order pursuant to paragraph (2), within 15 days from receiving an order pursuant to paragraph (4), as prescribed by Presidential Decree.
6. (7) The Minister of Culture, Sports and Tourism shall give an opportunity of submission of an opinion in advance to online service providers subject to orders referred to in paragraphs (1), (2) and (4), to reproducers and interactive transmitters who have direct stake in orders pursuant to paragraph (2) and to operators of bulletin boards pursuant to paragraph (4). In such cases, Articles 22 (4) through (6) and 27 of the Administrative Procedures Act shall apply mutatis mutandis to the submission of an opinion.
7. (8) The Minister of Culture, Sports and Tourism may establish and operate an organization necessary to perform affairs pursuant to paragraphs (1), (2) and (4).

<This Article Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 133-3 (Recommendation of Correction, etc.)

1. (1) Where the Protection Agency, as a result of investigation into information and communications network of an online service provider, has found a fact that illegal copies, etc. have been interactively transmitted, it may recommend an online service provider to take corrective measures falling under the following subparagraphs, following deliberation by the Deliberation Committee:
   <Amended by Act No. 14083, Mar. 22, 2016>

1. (2) Within five days from receiving recommendation pursuant to paragraph (1) 1 and 2, and within ten days from receiving recommendation pursuant to paragraph (1) 3, an online service provider shall notify the Protection Agency of the result of performing the correction measures.
   <Amended by Act No. 14083, Mar. 22, 2016>
2. (3) Where an online service provider fails to comply with the recommendation pursuant to paragraph (1), the Protection Agency may request the Minister of Culture, Sports and Tourism to issue an order pursuant to Article 133-2 (1) and (2) to him/her.
   <Amended by Act No. 14083, Mar. 22, 2016>
3. (4) Where, pursuant to paragraph (3), the Minister of Culture, Sports and Tourism gives an order pursuant to Article 133-2 (1) and (2), no deliberation by the Deliberation Committee shall be required.
   <Amended by Act No. 14083, Mar. 22, 2016>

<This Article Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 134 (Creation of Environment for fair Use of Works)

1. (1) The Minister of Culture, Sports and Tourism may execute projects necessary for promotion of fair use of works, such as provision of information on works, etc., copyright of which has expired.
   <Amended by Act No. 9625, Apr. 22, 2009>
2. (2) Matters necessary for projects under paragraph (1) shall be prescribed by Presidential Decree.
   <Amended by Act No. 9625, Apr. 22, 2009>
3. (3) Deleted.<by Act No. 9625, Apr. 22, 2009>

Article 135 (Donation of Author’s Economic Right, etc.)

1. (1) The holder of author’s economic right, etc. may donate their rights to the Minister of Culture, Sports and Tourism.
   <Amended by Act No. 8852, Feb. 29, 2008>
2. (2) The Minister of Culture, Sports and Tourism may designate an organization capable of equally managing the rights to the works, etc. donated by the holder of author’s property right, etc.
   <Amended by Act No. 8852, Feb. 29, 2008>
3. (3) The organization designated pursuant to the provisions of paragraph (2) shall not use the works, etc. for commercial purposes or against the intention of the relevant holder of author’s economic right, etc.
4. (4) Matters necessary for the procedures of donation, designation of organization, etc. pursuant to the provisions of paragraphs (1) and (2) shall be prescribed by Presidential Decree.