A Legal Analysis of Frameworks Supporting the Korean Wave (Hallyu)

This article analyzes the legal frameworks supporting the Korean Wave (Hallyu), a global cultural phenomenon encompassing K-pop, K-dramas, Korean cinema, and related cultural industries. It examines how Korea’s legal infrastructure institutionalizes and coordinates governmental support for the production, distribution, and international expansion of Korean cultural content. Particular attention is given to the Framework Act on Culture, the Culture and Arts Promotion Act, the Framework Act on the Promotion of Cultural Industries, and the recently enacted Framework Act on the Promotion of Hallyu Industry. The latter represents a significant shift from indirect support under general cultural legislation to a dedicated statutory framework addressing overseas expansion, professional training, market information, investment, intellectual property protection, and cooperation among relevant institutions. The analysis finds that the Framework Act on the Promotion of Hallyu Industry adds a Hallyu-specific layer to Korea’s pre-existing cultural and cultural-industry framework, primarily through planning, coordination, and internationalization rather than through the creation of an autonomous rights-based regulatory regime. Important issues concerning copyright remedies, artist contracts, platform responsibility, and cross-border disputes remain governed by other legal regimes.