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Legal Basis Established to Require 'Certificate of Authenticity' for Artworks

'Enforcement Decree of the Art Promotion Act' Effective from the 26th
Scope of Investigation Expanded to Entire Art Service Industry
Artworks Owned by Local Governments Also Classified as 'Public Artworks'

The art ecosystem will be activated by connecting laws, systems, distribution, and enjoyment. The "Enforcement Decree of the Art Promotion Act" will take effect from the 26th. It concretizes the establishment of an institutional foundation for promoting art policies, the creation of fair trade and distribution order of artworks, and the expansion of consumer protection.


Legal Basis Established to Require 'Certificate of Authenticity' for Artworks

An official from the Ministry of Culture, Sports and Tourism stated, "It is significant in that effective policy tools such as statutory plans and survey bases have been prepared," and added, "We will promote comprehensive promotion policies so that Korean art can grow by using this as a stepping stone, and continuously support the formation of related discourse."


The Art Promotion Act stipulates the basis for basic plans, implementation plans, and surveys. Accordingly, the Minister of Culture, Sports and Tourism can establish a basic art promotion plan every five years and set the mid- to long-term direction of related policies. It is expected that policies will be implemented to continuously promote the entire art ecosystem, rather than fragmented and segmented support. The ministry official said, "After field meetings with experts and consultations with related organizations, we plan to announce the 'Basic Art Promotion Plan' by the end of this year."


The Art Promotion Act also provides the basis for the Minister of Culture, Sports and Tourism to investigate the status of creation and distribution environments annually. In the future, the scope of the survey will expand beyond the art market, including galleries, art fairs, and auctions, to the entire art service industry. The ministry official said, "We will be able to promote art policies based on scientific and statistical data."


The Art Promotion Act includes provisions for establishing a fair distribution order. It states that parties entering into contracts related to art services must pay appropriate service fees, and those conducting art auctions must not undermine fair auctions.


Legal Basis Established to Require 'Certificate of Authenticity' for Artworks [Image source=Yonhap News]

A legal basis has also been established for consumers to request a "Certificate of Authenticity" that includes the artist's name, artwork title, purchase date, place of purchase, and warranty details for purchased artworks. Previously, documents confirming the authenticity of artworks could be obtained from artists or galleries, but there was no related legal basis. The Ministry of Culture, Sports and Tourism plans to announce the "Certificate of Authenticity" form within this year after collecting field opinions.


The ministry will also systematize the management of public artworks. Until now, government-owned artworks were managed under the "Enforcement Decree of the Property Management Act," but from now on, they will be managed as artworks based on the "Art Promotion Act." The ministry plans to designate specialized institutions for managing public artworks and establish a public art bank to build an appropriate management system. Additionally, the scope of public artworks will be expanded to include artworks owned by local governments, metropolitan and provincial offices of education, and public institutions, strengthening the management of artworks of national and historical value.


Meanwhile, the art service industry reporting system and the artist's resale royalty right, which have attracted much attention, are scheduled to be implemented sequentially in 2026 and 2027, respectively.


© The Asia Business Daily(www.asiae.co.kr). All rights reserved.


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