Cultural heritage protection act korea
Wholly Amended by Act No. 10000, Feb. 4, 2010
Amended by Act No. 10829, Jul. 14, 2011
Act No. 11037, Aug. 4, 2011
Act No. 11053, Sep. 16, 2011
Act No. 11228, Jan. 26, 2012
Act No. 12352, Jan. 28, 2014
Act No. 12692, May 28, 2014
Act No. 13249, Mar. 27, 2015
Act No. 13291, May 18, 2015
Act No. 13964, Feb. 3, 2016
Act No. 14113, Mar. 29, 2016
Act No. 14436, Dec. 20, 2016
Act No. 14640, Mar. 21, 2017
Act No. 14795, Apr. 18, 2017
Act No. 15065, Nov. 28, 2017
Act No. 15639, Jun. 12, 2018
Act No. 15827, Oct. 16, 2018
Act No. 16057, Dec. 24, 2018
Act No. 16596, Nov. 26, 2019
Act No. 17409, Jun. 9, 2020
Act No. 17592, Dec. 8, 2020
Act No. 17586, Dec. 8, 2020
Act No. 17711, Dec. 22, 2020
Act No. 18157, May 18, 2021
Act No. 18770, Jan. 18, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the cultural edification of Korean nationals and to contribute to the development of human culture by inheriting national culture and enabling it to be utilized through the preservation of cultural heritage.
| (1) | The term "cultural heritage" in this Act means artificially or naturally formed national, racial, or world heritage of outstanding historic, artistic, academic, or scenic value, which is classified into the following categories: |
| 1. | Tangible cultural heritage: Tangible cultural works of outstanding historic, artistic, or academic value, such as buildings, records (a compilation of texts and pictures), books, ancient documents, paintings, sculptures, and artifacts, and other archeological resources similar thereto; |
| 2. | Intangible cultural heritage: Among intangible cultural heritage which have been passed on throughout many generations, referring to those falling under any of the following items: |
| (a) | Traditional performing arts and arts; |
| (b) | Traditional skills concerning crafts, art, etc.; |
| (c) | Traditional knowledge concerning Korean medicine, agriculture, fishery, etc.; |
| (d) | Oral traditions and expressions; |
| (e) | Traditional ways of life concerning food, cloth, shelter, etc.; |
| (f) | Social rituals such as folk religion; |
| (g) | Traditional games, festivals, and practical and martial arts; |
| 3. | Monuments: Those classified into the following categories: |
| (a) | Historic sites and particularly commemorable facilities which are of outstanding historic or academic value, such as temple sites, ancient tombs, shell mounds, fortress ruins, old palace ruins, kiln sites, and relic-containing strata; |
| (b) | Scenic sites of outstanding artistic value with excellent scenic view; |
| (c) | Animals (including their habitats, breeding grounds, and migratory places), plants (including their habitats), topography, geology, minerals, caves, biological produce, and extraordinary natural phenomena of outstanding historic, scenic, or academic value; |
| 4. | Folklore resources: Clothing, implements, houses, etc. used for customs or traditions related to food, clothing, housing, trades, religion, annual observances, etc. which are essential for understanding changes to the life of nationals. |
| (2) | The term "cultural heritage education" in this Act means education which helps to cultivate an awareness of the people's love of cultural heritage and establish the identity of people through the learning of the historical, artistic, scientific, and scenic values of cultural heritage, and the specific scope and types of education on cultural heritage shall be prescribed by Presidential Decree. |
| (3) | The term "designated cultural heritage" in this Act means the following items: |
| 1. | State-designated cultural heritage: Cultural heritage designated by the Administrator of the Cultural Heritage Administration pursuant to Articles 23 through 26; |
| 2. | City/Do-designated cultural heritage: Cultural heritage designated by the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/ Do Governor") pursuant to Article 70 (1); |
| 3. | Cultural heritage resources: Cultural heritage designated by a Mayor/ Do Governor pursuant to Article 70 (2) among those not designated pursuant to subparagraph 1 or 2. |
| (4) | The term "registered cultural heritage" in this Act means the following cultural heritage, other than designated cultural heritage: |
| 1. | State-registered cultural heritage: Cultural heritage registered by the Administrator of the Cultural Heritage Administration pursuant to Article 53 ; |
| 2. | City/ Do registered cultural heritage: Cultural heritage registered by a Mayor/ Do Governor pursuant to Article 70 (3). |
| (5) | The term "protection zone" in this Act means an area designated to protect any designated cultural heritage, excluding an area where the designated cultural heritage occupies, if a tangible object fixed on the ground or a certain area is designated as cultural heritage. |
| (6) | The term "protective facility" in this Act means any building or facility designated to protect cultural heritage. |
| (7) | The term "historic and cultural environment" in this Act means the natural landscape or any place of outstanding historic and cultural value near cultural heritage that needs to be protected together with the relevant cultural heritage. |
| (8) | The term "construction work" in this Act means a civil work, construction work, landscaping work, or other construction works prescribed by Presidential Decree which involve a change to the original form of land or seabed. |
| (9) | The term "Korean cultural heritage overseas" means any cultural heritage located within the territory of a foreign country (excluding any cultural heritage taken out of the Republic of Korea pursuant to the proviso of Article 39 (1) or the proviso of Article 60 (1)) which has direct historical and cultural relations with the Republic of Korea. |
| (10) | The term "intelligence informatization of cultural heritage" in this Act means the application and convergence of intelligence information technology for cultural heritage to the production, collection, analysis, distribution, and utilization, etc. of cultural heritage data to make the preservation, management, and utilization of cultural heritage efficient and advanced. |
| (11) | The term "cultural heritage data" in this Act means structured or unstructured information in a machine-readable form that is generated or processed through a device capable of processing information for the intelligence informatization of cultural heritage. |
| (12) | The term "intelligence information technology for cultural heritage" in this Act means a technology for preservation, management, and utilization of cultural heritage or a technology for the integration and utilization thereof, among intelligent information technologies defined in subparagraph 4 of Article 2 of the Framework Act on Intelligent Informatization . |
| Article 3 (Basic Principle of Protection of Cultural Heritage) |
The basic principle for the preservation, management, and utilization of cultural heritage is to preserve them in their original state.
| Article 4 (Responsibility of the State and Local Governments) |
| (1) | The State shall establish and implement comprehensive measures for the preservation, management, and utilization of cultural heritage. |
| (2) | Local governments shall establish and implement measures for the preservation, management, and utilization of cultural heritage, in consideration of the State's measures and regional characteristics. |
| (3) | The State and local governments shall endeavor not to damage cultural heritage, protective facilities and protection zones of cultural heritage, and historic and cultural environments in developing and implementing various development projects. |
| (4) | Korean nationals shall actively cooperate in the State's and local governments' measures for the preservation and management of cultural heritage. |
| Article 5 (Relationship to Other Statutes) |
| (1) | Unless otherwise provided for in other Acts, the preservation, management, and utilization of cultural heritage shall be governed by this Act. |
| (2) | The repair, actual measurement, design, and supervision of designated cultural heritage (including provisionally designated cultural heritage under Article 32) , the protection and investigation of buried cultural heritage, and the preservation and promotion of intangible cultural heritage shall be stipulated by separate Acts. |
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF PROTECTION POLICIES FOR CULTURAL HERITAGE
| Article 6 (Formulation of Master Plans for Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration shall formulate a comprehensive master plan addressing the following matters (hereinafter referred to as "master plan for cultural heritage") every five years, following consultations with the competent Mayor/ Do Governor to preserve, manage, and utilize cultural heritage: |
| 1. | Basic direction-setting and objectives for the preservation of cultural heritage; |
| 2. | Analysis and evaluation of the former master plan for cultural heritage; |
| 3. | Matters relating to the repair, maintenance, and restoration of cultural heritage; |
| 4. | Matters relating to the protection of the historic and cultural environment of cultural heritage; |
| 5. | Matters relating to the safety management of cultural heritage; |
| 5-2. | Matters relating to sanitation and disease control with respect to infectious diseases, etc. in facilities and areas related to cultural heritage; |
| 6. | Matters relating to the informatization of cultural heritage data; |
| 6-2. | Matters relating to intelligence informatization of cultural heritage; |
| 7. | Matters relating to raising resources to finance preservation of cultural heritage; |
| 7-2. | Matters relating to the restitution and utilization of Korean cultural heritage overseas; |
| 7-3. | Matters relating to cultural heritage exchange and cooperation between North and South Korea; |
| 7-4. | Matters relating to education on heritage; |
| 8. | Matters relating to research and development to preserve, manage and utilize cultural heritage; |
| 9. | Other necessary matters to preserve, manage, and utilize cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration shall consider opinions of owners, custodians, or management organizations and relevant experts prescribed by Presidential Decree in formulating a master plan for cultural heritage. |
| (3) | Where the Administrator of the Cultural Heritage Administration formulates a master plan for cultural heritage, he or she shall inform the competent Mayor/ Do Governor of such plan, and give public notice thereon through the Official Gazette. |
| (4) | The Administrator of the Cultural Heritage Administration may request the Mayor/ Do Governor to present data on cultural heritage under his or her jurisdiction if necessary for formulating a master plan for cultural heritage. |
| Article 6-2 (Research and Development of Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may conduct both its own research projects and joint research projects to efficiently implement research and development projects in the field of preservation, management, and utilization of cultural heritage. |
| (2) | Any joint research project referred to in paragraph (1) shall be conducted under an agreement on a specific-field research task with universities, industries, local governments, Government-funded research institutes, etc. |
| (3) | The Administrator of the Cultural Heritage Administration may fully or partially provide contributions or subsidies to cover costs for joint research projects specified in paragraph (2), within budgetary limit. |
| (4) | Necessary matters relating to joint research projects under paragraph (2) and the implementation thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 7 (Establishment of Implementation Plans for Preservation of Cultural Heritage) |
| (1) | The head of the Cultural Heritage Administration and a Mayor/ Do Governor shall establish and implement an annual implementation plan (hereinafter referred to as "implementation plan") for the basic plan for cultural heritage. |
| (2) | A Mayor/ Do Governor shall submit an implementation plan for the relevant year and a performance report for the preceding year to the Administrator of the Cultural Heritage Administration each year, as prescribed by Presidential Decree. |
| (3) | Upon formulating an implementation plan, the Administrator of the Cultural Heritage Administration and a Mayor/ Do Governor shall publicly announce it. |
| (4) | Matters necessary for publication under paragraph (3), such as methods for publication, shall be prescribed by Presidential Decree. |
| Article 7-2 (Reports on National Assembly) |
The Administrator of the Cultural Heritage Administration shall finalize a master plan for cultural heritage, an implementation plan for the relevant year, and the results of implementation for the previous year, and submit them to the competent Standing Committee of the National Assembly without delay.
[This Article Newly Inserted on Nov. 26, 2019]
| Article 8 (Establishment of Cultural Heritage Committee) |
| (1) | A Cultural Heritage Committee shall be established under the Cultural Heritage Administration to investigate and deliberate on the following matters relating to the preservation, management, and utilization of cultural heritage: |
| 1. | Matters relating to master plans for cultural heritage; |
| 2. | Matters relating to the designation of State-designated cultural heritage and the revocation thereof; |
| 3. | Matters relating to the designation of protective facilities or protection zones for any State-designated cultural heritage and the revocation thereof; |
| 5. | Matters relating to the alteration of the current state of any State-designated cultural heritage; |
| 6. | Matters relating to the taking of any State-designated cultural heritage out of the Republic of Korea; |
| 7. | Matters relating to the protection of a historic and cultural environment for State-designated cultural heritage; |
| 8. | Matters relating to the registration of cultural heritage and the cancellation thereof; |
| 9. | Matters relating to the excavation and evaluation of buried cultural heritage; |
| 10. | Matters deemed important which are professional or technical matters relating to the preservation and management of any State-designated cultural heritage; |
| 11. | Other matters referred to the Committee by the Administrator of the Cultural Heritage Administration for deliberation on the preservation, management, and utilization of cultural heritage. |
| (2) | Members of the Cultural Heritage Committee shall be appointed by the Administrator of the Cultural Heritage Administration from among the following persons: |
| 1. | A person who is or was an associate professor or higher, in the faculty related to the preservation, management, and utilization of cultural heritage in a university under the Higher Education Act ; |
| 2. | A person who has been engaged in business related to the preservation, management, and utilization of cultural heritage for at least 10 years; |
| 3. | An expert having abundant knowledge and experience in cultural heritage who has been engaged in business of anthropology, sociology, architecture, urban planning, tourism, environment, law, religion, or the press for at least ten years. |
| (3) | Subcommittees may be established under the Cultural Heritage Committee to investigate and deliberate on duties classified based on the kinds of cultural heritage for the matters stipulated under the subparagraphs of paragraph (1). |
| (3) | Each subcommittee established under paragraph (3) may call joint meetings with other subcommittees (hereinafter referred to as "joint subcommittee"), if necessary for investigations, deliberation, etc. |
| (5) | Matters investigated and deliberated by a subcommittee or joint subcommittee pursuant to paragraph (1) 2 through 11 shall be deemed to have been investigated and deliberated by the Cultural Heritage Committee. |
| (6) | The Cultural Heritage Committee, subcommittees, and joint subcommittees shall prepare meeting minutes stating the following matters. In such cases, stenographic notes or audio or video recording may be permitted where deemed necessary: |
| 1. | Date, time, and venue of the meeting; |
| 3. | Matters deliberated upon and resolutions passed. |
| (7) | Meeting minutes prepared under paragraph (6) shall be disclosed to the public: Provided , That the relevant committee may resolve not to disclose them to the public in cases prescribed by Presidential Decree, such as having influence on property gains by a specific person, or infringing on a specific person's privacy. |
| (8) | Necessary matters relating to the organization, division of duties, operation, etc. of the Cultural Heritage Committee, subcommittees, and joint subcommittees shall be prescribed by Presidential Decree. |
| (9) | The Cultural Heritage Committee may have non-standing technical experts to conduct the collection of materials, investigations, research, etc. involving the matters to be deliberated upon by the Cultural Heritage Committee under the orders of the Administrator of the Cultural Heritage Administration or the chairperson of each subcommittee. |
| (10) | Necessary matters regarding the number and terms of office of members and technical experts of the Cultural Heritage Committee, qualifications for technical experts, etc. shall be prescribed by Presidential Decree. |
| Article 9 (Establishment of Korea Cultural Heritage Foundation) |
| (1) | A Korea Cultural Heritage Foundation (hereinafter referred to as the "Foundation") shall be established as an affiliate of the Cultural Heritage Administration to protect, preserve, popularize, and utilize cultural heritage and develop traditional lifestyle and culture. |
| (2) | The Foundation shall be a juristic person. |
| (3) | The Foundation shall carry out the following affairs to accomplish the purposes of the Foundation: |
| 1. | Supporting and promoting the activities of intangible cultural heritage, such as performance and exhibition; |
| 2. | Education, publication, scientific investigation and research, and content development and utilization concerning cultural heritage; |
| 3. | Excavation of buried cultural heritage pursuant to Article 11 (1) and the proviso of Article 11 (3) of the Act on Protection and Inspection of Buried Cultural Heritage ; |
| 4. | Development and distribution of traditional cultural products, food, wedding, etc. and operation of convenient facilities, etc.; |
| 5. | Cultural heritage-related official development assistance and other international exchange; |
| 6. | Assistance for a cultural heritage protection campaign; |
| 7. | Restoration and reproduction of a traditional cultural event; |
| 8. | Projects entrusted by the State, a local government, a public institution, etc.; |
| 9. | Profit-making business to accomplish the purposes of the Foundation, and other business prescribed by the Foundation’s articles of incorporation. |
| (4) | The Foundation shall have executive officers and necessary employees as stipulated by its articles of incorporation. |
| (5) | Except as provided in this Act, provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to the Foundation. |
| (6) | Expenses incurred in the operation of the Foundation may be subsidized by the National Treasury. |
| (7) | Where deemed necessary for the Foundation to carry out its affairs, the State or a local government may permit it to use and benefit from any State-owned or public property without consideration. |
[Title Amended on May 28, 2014]
CHAPTER III CREATING FOUNDATION FOR PROTECTION OF CULTURAL HERITAGE
| Article 10 (Basic Investigation of Cultural Heritage) |
| (1) | The State and local governments may investigate the current state, management condition, etc. of existing cultural heritage, and prepare records thereon for preventing the loss of cultural heritage and for other purposes. |
| (2) | The Administrator of the Cultural Heritage Administration and the head of a local government may either directly conduct an investigation or request the owner or custodian of the relevant cultural heritage or an organization, etc. related to the investigations and excavation of cultural heritage to present relevant data where necessary for an investigation under paragraph (1). |
| (3) | Where the Administrator of the Cultural Heritage Administration or the head of a local government is to conduct an investigation into cultural heritage, other than designated cultural heritage, he or she shall obtain prior consent from the owner or custodian of the relevant cultural heritage. |
| (4) | Necessary matters relating to detailed procedures, methods, etc. for investigations of cultural heritage shall be prescribed by Presidential Decree. |
| Article 11 (Facilitating Informatization of Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration shall establish and operate an information system on cultural heritage to efficiently utilize investigated data under Article 10 and other necessary data for the preservation and management of cultural heritage, and to enable Korean nationals to readily access and use cultural heritage information. |
| (2) | The Administrator of the Cultural Heritage Administration may request the heads of the relevant central administrative agencies and local governments, and the heads of related corporations and organizations such as museums and research institutes, to submit necessary data in order to establish the information system on cultural heritage under paragraph (1). In such cases, a person in receipt of such request shall comply therewith except in extenuating circumstances. |
| (3) | In requesting to present necessary data under paragraph (2), the Administrator of the Cultural Heritage Administration may pay due compensation to persons other than the heads of central administrative agencies and local governments. |
| (4) | The scope of the information system on cultural heritage under paragraph (1), its operation procedures, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 12 (Protection of Cultural Heritage during Construction Works) |
Where cultural heritage is likely to be damaged, destroyed, or submerged due to construction works, or where it is necessary to protect a historic and cultural environment of cultural heritage, the implementer of such construction works shall take necessary measures in compliance with instructions by the Administrator of the Cultural Heritage Administration. In such cases, expenses incurred in taking such measures shall be borne by the implementer of the construction works.
| Article 13 (Protection of Historic and Cultural Environment Preservation Areas) |
| (1) | A Mayor/ Do Governor shall designate a historic and cultural environment preservation area by municipal ordinances, following consultation with the Administrator of the Cultural Heritage Administration in order to protect the historic and cultural environment of designated cultural heritage (excluding cultural heritage that can be categorized as movable property and intangible cultural heritage; hereafter in this Article the same shall apply). |
| (2) | With respect to construction works to be implemented in an area outside an outer boundary (referring to a boundary of a designated protection zone; hereafter in this Article the same shall apply) of designated cultural heritage and within a historic and cultural environment preservation area designated by a Mayor/ Do Governor pursuant to paragraph (1), an administrative agency in charge of the authorization, permission, etc. of the construction works shall examine whether such construction works are likely to affect the preservation of designated cultural heritage before granting authorization, permission, etc. for the construction works. In such cases, the administrative agency concerned shall consult the relevant experts, as prescribed by Presidential Decree. |
| (3) | The scope of a historic and cultural environment preservation area shall be within 500 meters from an outer boundary, in consideration of the cultural, artistic, academic, and scenic value of the relevant designated cultural heritage, its surrounding environment, and other necessary matters for the protection of cultural heritage: Provided , That where construction works implemented in an area 500 meters away from an outer boundary of designated cultural heritage are clearly deemed to affect the cultural heritage due to its characteristics, locational conditions, etc., the scope thereof may be set in excess of 500 meters. |
| (4) | Where the protection zones designated under Article 27 (2) are adjusted, if the Mayor/ Do Governor deems that they do not influence the preservation of the designated cultural heritage, he or she may maintain the extent of the historic and cultural environment preservation areas determined pursuant to paragraph (3) in consultation with the Administrator of the Cultural Heritage Administration. |
| (4) | Where the Administrator of the Cultural Heritage Administration or a Mayor/ Do Governor designates cultural heritage, he or she shall determine and publicly announce detailed standards for acts that could affect the preservation of the designated cultural heritage in a historic and cultural environment preservation area within six months from the date on which such designation is publicly notified. |
| (5) | When intending to determine detailed standards for the acts under paragraph (5), the Administrator of the Cultural Heritage Administration may request a Mayor/ Do Governor or the head of a Si / Gun / Gu (referring to the head of an autonomous Gu ; hereinafter the same shall apply) to submit necessary data or opinion, and a Mayor/ Do Governor may request the head of a Si / Gun / Gu to submit the same. |
| (6) | Examination under paragraph (2) may be exempted for construction works implemented in an area for which detailed standards for an act under paragraph (5) are publicly notified within the extent of such standards. |
| (7) | Detailed matters necessary for procedures for submitting the data or opinion under paragraph (6), etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 14 (Formulating Policy Measures for Prevention of Fire and Conducting Education and Public Relations Campaigns) |
| (1) | The Administrator of the Cultural Heritage Administration and a Mayor/ Do Governor shall formulate and implement necessary policy measures to protect designated cultural heritage and registered cultural heritage from fire, disasters, and theft (hereinafter referred to as "fire, etc."). |
| (2) | The Administrator of the Cultural Heritage Administration and the head of a local government shall provide owners, custodians, or management organizations of cultural heritage with educational programs for initial response and day-to-day preparedness against fire, etc. on cultural heritage. |
| (3) | The Administrator of the Cultural Heritage Administration and the head of a local government shall conduct public relations campaigns to prevent fire, etc. on cultural heritage. |
[This Article Wholly Amended on Mar. 21, 2017]
| Article 14-2 (Development of Fire Response Manuals) |
| (1) | The Administrator of the Cultural Heritage Administration and a Mayor/ Do Governor shall develop fire response manuals, etc. based on the characteristics of designated cultural heritage and registered cultural heritage and shall take measures so that owners, custodians, or management organizations of such cultural heritage can use the fire response manuals, etc. |
| (2) | Necessary matters relating to particulars to be included in manuals under paragraph (1), the scope of cultural heritage requiring the development of such manuals, and the regular inspections and cure of such manuals, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-3 (Installation of Fire Prevention Facilities) |
| (1) | Any owner, custodian, and management organization of designated cultural heritage shall install, maintain, and manage fire-fighting systems and disaster-prevention systems according to standards stipulated under the Act on Installation and Management of Firefighting Systems to prevent and suppress fire on the designated cultural heritage and shall endeavor to install, maintain, and manage anti-theft devices according to standards determined by Ordinance of the Ministry of Culture, Sports and Tourism to prevent any theft of the designated cultural heritage. |
| (2) | Any person who installs, maintains, and manages facilities referred to in paragraph (1) shall ensure the balance between said facilities and the historic and cultural environment preservation area in which said facilities are installed. |
| (3) | The Administrator of the Cultural Heritage Administration or the head of a local government may fully or partially provide subsidies to a person who installs, maintains, and manages any of the following facilities to cover the costs therefor, within budgetary limits: |
| 1. | Firefighting systems, disaster-prevention systems, or anti-theft devices described in paragraph (1); |
| 2. | Sign boards informing smoking or non-smoking areas described in Article 14-4 (2). |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-4 (Designation of Non-Smoking Areas) |
| (1) | Any owner, custodian, and management organization of designated cultural heritage, registered cultural heritage, and their protective facilities, protection zones, and storage facilities (hereafter in this Article, referred to as "designated cultural heritage, etc.") shall designate the entire facilities or areas relating to designated cultural heritage, etc. as a non-smoking facility or area: Provided, That, only in cases of a residential building without fire risk, smoking areas may be designated, separately from non-smoking areas. |
| (2) | Any owner, custodian, or management organization of designated cultural heritage, etc. shall install sign boards informing smoking and non-smoking areas referred to in paragraph (1). |
| (3) | A Mayor/ Do Governor may issue an order to a person who violates paragraph (2) to take measures for rectification within a designated period. |
| (4) | The standards and methods of installing sign boards informing smoking and non-smoking areas under paragraph (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism or municipal ordinance of the competent City/ Do . |
| (5) | No person shall smoke in a non-smoking area referred to in paragraph (1). |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-5 (Request for Cooperation of Related Agencies or Organizations) |
Where fire prevention facilities, etc. are inspected, fire preparedness exercise, etc. is conducted, or it is necessary to immediately respond to fire, etc., the Administrator of the Cultural Heritage Administration or the head of a local government may request the cooperation of the head of any of the following agencies or organizations in providing necessary equipment and human resources; and the head of the agency or organization in receipt of such request shall cooperate in providing necessary equipment and human resources, except in extenuating circumstances:
| 1. | A firefighting office or station; |
| 2. | A police office or station; |
| 3. | A disaster management agency defined in subparagraph 5 of Article 3 of the Framework Act on the Management of Disasters and Safety ; |
| 4. | Other agencies and organizations prescribed by Presidential Decree, that are related to the protection of cultural heritage. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-6 (Building and Managing Database) |
| (1) | The Administrator of the Cultural Heritage Administration shall collect emergency response information related to cultural heritage on a regular basis and shall build and manage a database of such information, to effectively respond to disasters on cultural heritage, such as fire. In such cases, the Administrator of the Cultural Heritage Administration shall constantly update such database. |
| (2) | Particulars of the database referred to in paragraph (1), such as the scope of collecting information and procedures for managing the database, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 15 (Support for Cultural Heritage Protection Activities) |
The Administrator of the Cultural Heritage Administration may support or foster relevant organizations where deemed necessary for the protection, preservation, distribution, or publicity of cultural heritage.
| Article 15-2 (Cultural Heritage Trader Education) |
The Administrator of the Cultural Heritage Administration shall provide education on the matters to be observed by cultural heritage traders, etc., and the specifications, etc. related to cultural heritage.
[This Article Newly Inserted on Jun. 9, 2020]
| Article 16 (Fostering of Cultural Heritage Experts) |
| (1) | The Administrator of the Cultural Heritage Administration may foster experts to be specialized in the protection, management, maintenance, etc. of cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration may offer a scholarship where deemed necessary for fostering of experts under paragraph (1). |
| (3) | Where deemed necessary to verify the education and research status of a person on a scholarship under paragraph (2) (hereinafter referred to as "scholarship"), the Administrator of the Cultural Heritage Administration may order the person to present an academic transcript or research report. |
| (4) | Where a person who is or has been awarded a scholarship has any cause determined by Ordinance of the Ministry of Culture, Sports and Tourism, such as the suspension of undergoing education and conducting research and changes to the details thereof, he or she shall, without delay, report thereon to the Administrator of the Cultural Heritage Administration. |
| (5) | Where any cause determined by Ordinance of the Ministry of Culture, Sports and Tourism arises, such as the suspension of undergoing education and conducting research, changes to the details thereof, and poor performance, the Administrator of the Cultural Heritage Administration may suspend the payment of the scholarship or order the return thereof. |
| (6) | Necessary matters relating to persons entitled to scholarships, application for payment of scholarships, suspension of scholarships, the return thereof, etc. under paragraphs (1) through (5) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 17 (Promoting Cooperation for International Exchange of Cultural Heritage) |
| (1) | The State shall actively promote information and technical exchange, human resources exchange, joint investigations and research, and other activities concerning cultural heritage through cooperation with international organizations related to cultural heritage and other countries. |
| (2) | The Administrator of the Cultural Heritage Administration may fully or partially subsidize expenses to be incurred in promoting measures concerning cultural heritage under paragraph (1) within budgetary limits. |
| Article 18 (Cooperation for Exchanges of Cultural Heritage between North and South Korea) |
| (1) | The State shall endeavor to increase mutual exchange and cooperation in the field of cultural heritage between North and South Korea. |
| (2) | The Administrator of the Cultural Heritage Administration shall investigate and research North Korea's policies, systems, current state, etc. on cultural heritage to increase mutual exchange and cooperation in the field of cultural heritage between North and South Korea. |
| (3) | Where necessary for exchange and cooperation projects, investigations, research, etc. referred to in paragraphs (1) and (2), the Administrator of the Cultural Heritage Administration may request related organizations, etc., to provide cooperation and may fully or partially subsidize expenses to be incurred therein, as prescribed by Presidential Decree. |
| Article 19 (Registration and Protection of World Heritage Site) |
| (1) | The Administrator of the Cultural Heritage Administration may file an application with UNESCO for the registration of Korea's outstanding cultural heritage as a World Heritage Site, Intangible Cultural Heritage of Humanity, or Memory of the World in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage, the Convention for the Safeguarding of Intangible Cultural Heritage, or UNESCO's programs. In such cases, the Administrator of the Cultural Heritage Administration shall determine procedures, etc. for selecting those to be applied for registration, in consideration of UNESCO's regulations. |
| (2) | The Administrator of the Cultural Heritage Administration shall actively endeavor to preserve not only cultural heritage registered with UNESCO as a World Heritage Site, Intangible Cultural Heritage of Humanity, or Memory of the World (hereafter in this Article referred to as "World Heritage Site, etc."), but also cultural heritage of humanity, and to enhance the prestige of cultural heritage around the world. |
| (3) | The State and a local government shall maintain, manage, and support a World Heritage Site, etc. to the level equivalent to the State-designated cultural heritage from the date on which they are registered, and the Administrator of the Cultural Heritage Administration may order any person who engages in any activity that could affect a World Heritage Site, etc. or its historic and cultural environment to take necessary measures for the protection of a World Heritage Site, etc. and its historic and cultural environment, as prescribed by Presidential Decree. |
| Article 20 (Protection of Foreign Cultural Heritage) |
| (1) | Cultural heritage designated and protected by statutes or regulations of a foreign country (hereinafter referred to as "foreign cultural heritage") that is a party to any international convention concerning the protection of cultural heritage (hereinafter referred to as "convention"), to which the Republic of Korea is also a party to preserve the cultural heritage of humanity and promote friendship with other countries, shall be protected in accordance with the convention and this Act. |
| (2) | Where a reasonable ground exists to believe that any foreign cultural heritage which is to be brought or has already been brought into the Republic of Korea has been illegally taken out of the relevant foreign country, the Administrator of the Cultural Heritage Administration may seize the cultural heritage. |
| (3) | The Administrator of the Cultural Heritage Administration shall keep and manage foreign cultural heritage, if seized pursuant to paragraph (2), in a museum, etc. |
| (4) | The Administrator of the Cultural Heritage Administration shall, without delay, return foreign cultural heritage kept in his or her custody pursuant to paragraph (3) to its owner or possessor once the foreign cultural heritage is verified to have been legally taken out of the relevant foreign country. This shall also apply where it is verified that the foreign cultural heritage has been illegally taken out, but it is obvious that the relevant foreign country has no intent to retrieve it. |
| (5) | Where a foreign country proves that foreign cultural heritage brought into the Republic of Korea has been illegally taken out of the relevant foreign country and makes a request for return of the cultural heritage in accordance with appropriate procedures provided in the convention, or the Administrator of the Cultural Heritage Administration performs the duty to return it in accordance with the convention, he or she shall take necessary measures in cooperation with related agencies so that it can be returned to the relevant foreign country, as provided in the convention. |
| Article 21 (Protection of Cultural Heritage in Emergency) |
| (1) | Where deemed necessary for the protection of cultural heritage at a time of war, uphe aval , or any emergency equivalent thereto, the Administrator of the Cultural Heritage Administration may relocate or bury State-owned cultural heritage, designated cultural heritage which is not State-owned cultural heritage, and provisionally designated cultural heritage under Article 32 to or at a safe area, or take other necessary measures or order the owner, holder, possessor, custodian, or management organization of the relevant cultural heritage to relocate or bury it to or at a safe area, or take other necessary measures. |
| (2) | Where necessary for the protection of cultural heritage at a time of war, uphe aval , or any emergency equivalent thereto, the Administrator of the Cultural Heritage Administration may take them overseas, notwithstanding Article 39 . In such cases, he or she shall undergo prior deliberation thereon by the State Council. |
| (3) | Article 46 shall apply mutatis mutandis to any person who sustains loss due to measures or orders taken or performed under paragraph (1): Provided , That this shall not apply to a force majeure event, such as a war. |
| Article 22 (Requests for Support) |
The Administrator of the Cultural Heritage Administration or a public official in receipt of his or her order may request necessary support from the heads of related agencies, where necessary for taking measures stipulated under Article 21 (1).
| Article 22-2 (Promotion of Policies to Promote Cultural Heritage Education) |
The State and local governments shall endeavor to establish and implement policies on the following matters for the promotion of cultural heritage education:
| 1. | Building a foundation for the promotion of cultural heritage education; |
| 2. | Development and dissemination of programs and educational materials for cultural heritage education; |
| 3. | Training and support of professional manpower related to cultural heritage education; |
| 4. | Support for cultural heritage education to teachers under Article 22 of the Early Childhood Education Act and Article 21 of the Elementary and Secondary Education Act ; |
| 5. | Measures to raise funds to promote cultural heritage education; |
| 6. | Other matters necessary for the promotion of cultural heritage education. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-3 (Fact-Finding Surveys on Cultural Heritage Education) |
| (1) | The Commissioner of Cultural Heritage Administration may conduct a survey on the current status of cultural heritage education in order to establish and implement policies related to cultural heritage education. |
| (2) | The extent and method of the fact-finding survey under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-4 (Designation of Cultural Heritage Education Support Center) |
| (1) | The Administrator of the Cultural Heritage Administration may designate an institution or organization, the objective of which is to provide education on cultural heritage or deemed capable of providing education on cultural heritage, as a cultural heritage education support center (hereinafter referred to as "support center"), in order to revitalize regional education on cultural heritage. |
| (2) | A support center shall perform the following activities: |
| 1. | Training and utilization of local cultural heritage education personnel; |
| 2. | Development and operation of cultural assets education programs and cultural assets education textbooks tailored to local circumstances; |
| 3. | Establishment and operation of a cooperative network among institutions or organizations related to regional cultural heritage education; |
| 4. | Cultural heritage education for local residents such as the underprivileged; |
| 5. | Projects entrusted by the Administrator of the Cultural Heritage Administration to promote education on regional cultural heritage; |
| 6. | Other projects necessary to provide cultural heritage education suitable for local circumstances. |
| (3) | If a support center designated pursuant to paragraph (1) falls under any of the following, the Administrator of the Cultural Heritage Administration may cancel the designation or order the suspension of its business within six months, as prescribed by Presidential Decree: Provided , That in cases under subparagraph 1, its designation shall be canceled: |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it fails to meet designation requirements for designation; |
| 3. | When it is recognized that the ability to perform work is significantly insufficient. |
| (4) | The Administrator of the Cultural Heritage Administration may entrust affairs relating to cultural heritage education to a support center and other institutions prescribed by Presidential Decree, as prescribed by Presidential Decree. |
| (5) | The state and local governments may subsidize, in whole or in part, support centers' expenses for project execution within the budget. |
| (6) | Other necessary matters relating to the designation requirements, operation, etc. of support centers shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-5 (Support for Cultural Heritage Education) |
| (1) | The State and local governments may support facilities and equipment for research and development of the details of cultural heritage education and activities for cultural heritage education, so as to enhance the public understanding of and interest in cultural heritage. |
| (2) | The State and local governments may fully or partially subsidize project expenses within budgetary limits, to support the education of cultural heritage. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-6 (Development, Distribution and Certification of Cultural Heritage Education Programs) |
| (1) | The Administrator of the Cultural Heritage Administration and each local government may develop and distribute cultural heritage education programs, so as to provide various opportunities for cultural heritage education to all people. |
| (2) | A person who develops and operates a program for education on cultural heritage may apply for certification of such program to the Administrator of the Cultural Heritage Administration. |
| (3) | The Administrator of the Cultural Heritage Administration may certify a cultural heritage education program that has applied for certification pursuant to paragraph (2) if it meets the certification standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, such as educational content, educational subjects, and educational facilities. |
| (4) | The validity of certification prescribed in paragraph (3) shall be three years from the date of certification. |
| (5) | A person who has obtained certification pursuant to paragraph (3) may apply a certification mark to the relevant cultural heritage education program as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (6) | No one shall apply the certification mark under paragraph (5) to the cultural heritage education program that has not been certified under paragraph (3) any other mark similar thereto. |
| (7) | Other matters necessary to certify cultural heritage education programs shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-7 (Revocation of Certification of Cultural Heritage Education Programs) |
The Administrator of the Cultural Heritage Administration may revoke the certification if a cultural heritage education program certified pursuant to Article 22-6 (3) falls under any of the following: Provided , That where falling into the case in subparagraph 1, the certification shall be revoked:
| 1. | Where it has been certified by fraud or other wrongful means; |
| 2. | Where it fails to meet the certification standards under Article 22-6 (3). |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-8 (Donation of Designated Cultural Heritage) |
| (1) | The owner of designated cultural heritage or registered cultural heritage may donate the relevant cultural heritage to the Cultural Heritage Administration. |
| (2) | Where a cultural heritage asset is donated pursuant to paragraph (1), the Administrator of the Cultural Heritage Administration shall make a decision on whether to accept the donation, following deliberation by the Cultural Heritage Receipt Deliberation Committee established pursuant to paragraph (3). |
| (3) | The Cultural Heritage Administration shall have a cultural heritage receipt deliberative committee to determine whether to receive the designated cultural heritage and registered cultural heritage donated by its owner, and matters necessary for the organization, operation, etc. of the cultural heritage receipt deliberation committee shall be prescribed by Presidential Decree. |
| (4) | When there is a donation of cultural heritage under paragraph (1), the Administrator of the Cultural Heritage Administration may accept such donations notwithstanding the Act on Collection and Use of Donations . |
| (5) | The Administrator of the Cultural Heritage Administration may recommend a person to be awarded a prize for meritorious deeds under paragraph (1), or recommend a decoration under the Awards and Decorations Act , and may provide honorable treatment, such as holding an exhibition related to cultural heritage. |
| (6) | Matters necessary for the procedures for donation under paragraph (1), and methods of management and operation thereof, and recommendation and honorable treatment under paragraph (5), etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Jun. 9, 2020]
CHAPTER III-2 ESTABLISHMENT OF FOUNDATION FOR INTELLIGENTCE INFORMATIZATION OF CULTURAL HERITAGE
| Article 22-9 (Promotion of Policies for Intelligence Informatization of Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration shall formulate policies for the intelligence informatization of cultural heritage, for the objective and scientific preservation, management, utilization, etc. of cultural heritage and shall implement such policies. |
| (2) | Matters necessary for the establishment, implementation, etc. of the policies for intelligence informatization of cultural heritage under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 18, 2022]
| Article 22-10 (Implementation of Projects Related to Cultural Heritage Data) |
| (1) | The Administrator of the Cultural Heritage Administration may implement the following projects to efficiently promote intelligence informatization of cultural heritage: |
| 1. | Production, collection, storage, processing, analysis, provision, and utilization of cultural heritage data; |
| 2. | Encouragement of the use of cultural heritage data and establishment of a distribution system; |
| 3. | Facilitation of technological development concerning cultural heritage data; |
| 4. | Standardization and improvement of quality of cultural heritage data; |
5 Other matters necessary for the production, collection, analysis, distribution, utilization, etc. of cultural heritage data.
| (2) | The Administrator of the Cultural Heritage Administration shall systematically manage the metadata (referring to data that express the structure, properties, characteristics, history, etc. of data for systematic management and convenient search and utilization of data; hereinafter the same shall apply) and data relationship diagram (referring to the figure showing the relationship between data) for the cultural heritage data managed under paragraph (1). |
| (3) | The Administrator of the Cultural Heritage Administration may train human resources to efficiently manage cultural heritage data; or may establish a system for sharing such resources in connection with State agencies, local governments, and universities, etc. and may support or foster such system. |
| (4) | Matters necessary for the subjects, details, methods, etc. under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 18, 2022]
| Article 22-11 (Development of Intelligence Information Technology for Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may implement the following projects to efficiently promote intelligence information technology for cultural heritage: |
| 1. | Development and dissemination of intelligence information technology for cultural heritage; |
| 2. | Standardization of intelligence information technology for cultural heritage; |
| 3. | Collection, analysis, and processing of data necessary for the development of intelligence information technology for cultural heritage; |
| 4. | Establishment and operation of an information system for the management and utilization of intelligence information technology for cultural heritage; |
| 5. | Other matters necessary for the development, management, utilization, etc. of intelligence information technology for cultural heritage. |
| (2) | To ensure the sustainable development of intelligence information technology for cultural heritage, the Administrator of the Cultural Heritage Administration may establish a cooperative system with the universities, government-funded research institutes, corporations, or organizations (hereinafter referred to as "universities, etc.") that develop intelligence information technology for cultural heritage and may provide support within budgetary limits. |
| (3) | Matters necessary for the subjects, details, methods, etc. of support under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 18, 2022]
| Article 22-12 (Establishment and Operation of Intelligence Information Service Platform for Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration shall establish and operate an intelligence information service platform for cultural heritage containing the following to facilitate the intelligence informatization of cultural heritage: |
| 1. | Systematic management of cultural heritage data and metadata; |
| 2. | Development, management, utilization, etc. of intelligence information technology for cultural heritage; |
| 3. | Establishment of policies for the preservation, management, and utilization of cultural heritage through the analysis, etc. of cultural heritage data and metadata; and support for decision-making, related industries, and the utilization of cultural heritage, etc.; |
| 4. | Other matters necessary for the establishment and operation of the intelligence information service platform for cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration may request universities, etc. to provide data that they have produced or acquired and managed through contracts, business agreements, etc., if necessary for establishing the intelligence information service platform for cultural heritage. |
| (3) | The Administrator of the Cultural Heritage Administration may connect the data management systems built and operated by State agencies, local governments, and universities, etc. to efficiently operate the intelligence information service platform for cultural heritage. In such cases, prior consultation shall be held with the head of the relevant State agencies, local governments, universities, etc. |
| (4) | Details of a contract or a business agreement under paragraph (2) and procedures therefor, and matters necessary for the interconnection of systems and prior consultation under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 18, 2022]
| Article 22-13 (Entrustment of Business Affairs) |
| (1) | The Administrator of the Cultural Heritage Administration may entrust business affairs referred to in Articles 22-10 (1) and (2), 22-11 (1), and 22-12 (1) to a corporation or organization, as prescribed by Presidential Decree. |
| (2) | The Administrator of the Cultural Heritage Administration may provide necessary support to a corporation or organization entrusted with business affairs pursuant to paragraph (1) to smoothly perform the relevant affairs. |
[This Article Newly Inserted on Jan. 18, 2022]
CHAPTER IV STATE-DESIGNATED CULTURAL HERITAGE
SECTION 1 Designation
| Article 23 (Designation of Treasures and National Treasures) |
| (1) | The Administrator of the Cultural Heritage Administration may designate important cultural heritage as treasures, following deliberation by the Cultural Heritage Committee. |
| (2) | The Administrator of the Cultural Heritage Administration may designate cultural heritage of great importance for humanity and without parallel in human history, among treasures under paragraph (1), as national treasures, following deliberation by the Cultural Heritage Committee. |
| (3) | Necessary matters relating to standards, procedures, etc. for the designation of treasures and national treasures under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 24 (Designation of National Intangible Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may designate important intangible cultural heritage as national intangible cultural heritage, after deliberation by the Intangible Cultural Heritage Committee under Article 9 of the Act on the Safeguarding and Promotion of Intangible Cultural Heritage . |
[Title Amended on Mar. 27, 2015]
| Article 25 (Designation of Historic Sites, Scenic Spots, and Natural Monuments) |
| (1) | The Administrator of the Cultural Heritage Administration may designate an important site, spot, or monument as a historic site, scenic area, or natural monument, following deliberation by the Cultural Heritage Committee. |
| (2) | Necessary matters relating to standards, procedures, etc. for the designation of historic sites, scenic areas, and natural monuments under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 26 (Designation of Important Folklore Resources) |
| (1) | The Administrator of the Cultural Heritage Administration may designate more valuable folklore resources as national folklore resources, following deliberation by the Cultural Heritage Committee. |
| (2) | Necessary matters relating to standards, procedures, etc. for the designation of national folklore resources under paragraph (1) shall be prescribed by Presidential Decree. |
[Title Amended on Mar. 21, 2017]
| Article 27 (Designation of Protective Facilities or Protection Zones) |
| (1) | Where specifically necessary to protect cultural heritage in granting designation pursuant to Article 23 , 25, or 26, the Administrator of the Cultural Heritage Administration may designate protective facilities or protection zones therefor. |
| (2) | Where deemed necessary due to a change, etc. in artificial or natural conditions, the Administrator of the Cultural Heritage Administration may adjust protective facilities or protection zones designated pursuant to paragraph (1). |
| (3) | Where the Administrator of the Cultural Heritage Administration has designated or adjusted protective facilities or protection zones pursuant to paragraphs (1) and (2), he or she shall review whether such designation or adjustment is appropriate before every tenth anniversary of such designation or adjustment passes, in consideration of the following matters: Provided , That the period for review may be extended up to the period prescribed by Presidential Decree, if it is impracticable to review the appropriateness in a timely manner due to any extenuating circumstance: |
| 1. | The value of the cultural heritage worthy of preservation; |
| 2. | The effects of the designation of protective facilities or protection zones on the exercise of property rights; |
| 3. | The environment surrounding the protective facilities or protection zones. |
| (4) | Necessary matters relating to the designation and adjustment, the review of appropriateness, and other relevant matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 28 (Public Notice and Notification of Designation) |
| (1) | If the Administrator of the Cultural Heritage Administration designates any property as State-designated cultural heritage (including its protective facilities and protection zones) pursuant to Articles 23 and 25 through 27, he or she shall publicly notify the purport thereof in the Official Gazette, and shall, without delay, notify the designation to the owner of the relevant cultural heritage. |
| (2) | In cases falling under paragraph (1), where no owner of cultural heritage exists, or it is unclear who the owner of cultural heritage is, notice shall be given to the possessor or custodian of the relevant cultural heritage. |
[Title Amended on Mar. 27, 2015]
| Article 29 (Issuance of Letters of Designation) |
| (1) | Where the Administrator of the Cultural Heritage Administration designates cultural heritage as a national treasure, treasure, or national folklore resource pursuant to Article 23 or 26, he or she shall issue a letter of designation to the owner of the relevant cultural heritage. |
[Title Amended on Mar. 27, 2015]
| Article 30 (Effective Time of Designation) |
The designation under Articles 23 and 25 through 27 shall become effective, with respect to the owner, possessor, or custodian of cultural heritage, on the date when the designation is publicly notified in the Official Gazette.
[Title Amended on Mar. 27, 2015]
| Article 31 (Revocation of Designation) |
| (1) | Where cultural heritage designated under Article 23 , 25, or 26 loses its value as State-designated cultural heritage, or such designation needs to be revoked based on its valuation, the Administrator of the Cultural Heritage Administration may revoke the designation, following deliberation by the Cultural Heritage Committee. |
| (4) | Where the results of a review under Article 27 (3) reveal that the designation of protective facilities or protection zones is inappropriate, or any other special ground exists, the Administrator of the Cultural Heritage Administration shall either revoke the designation of the protective facilities or protection zones or adjust the scope thereof. Where the designation of State-designated cultural heritage is revoked, the designation of the protective facilities or protection zones therefor shall also be revoked without delay. |
| (5) | Articles 28 and 30 shall apply mutatis mutandis to the public notice and notification concerning the revocation of the designation of cultural heritage under paragraphs (1) and (4), and the time such revocation becomes effective. |
| (6) | Where the owner of a national treasure, treasure, or national folklore resource is notified of the revocation under paragraph (5) and Article 28 , he or she shall return the letter of designation of the relevant cultural heritage to the Administrator of the Cultural Heritage Administration within 30 days from the date on which such notice is given. |
[Title Amended on Mar. 27, 2015]
| Article 32 (Provisional Designation) |
| (1) | Where there exists an urgent need to protect cultural heritage deemed worthy of designation pursuant to Article 23 , 25, or 26, but there is insufficient time to undergo deliberation thereon by the Cultural Heritage Committee, the Administrator of the Cultural Heritage Administration may provisionally designate the cultural heritage as important cultural heritage. |
| (2) | The provisional designation under paragraph (1) shall become effective on the date on which such designation is notified to the owner, possessor, or custodian of provisionally designated cultural heritage (hereinafter referred to as "provisionally designated cultural heritage"). |
| (3) | The provisional designation under paragraph (1) shall be deemed revoked where the designation under Article 23 , 25, or 26 is not granted within six months from the date on which the provisional designation is granted. |
| (4) | Articles 28 and 29 (1) shall apply mutatis mutandis to the notification of provisional designation and the issuance of a letter of provisional designation under paragraph (1), but public notice in the Official Gazette under Article 28 (1) is not required for such case. |
[Title Amended on Nov. 26, 2019]
SECTION 2 Management and Protection
| Article 33 (Management Principles for Owners) |
| (1) | The owner of State-designated cultural heritage shall manage and protect the State-designated cultural heritage under good stewardship. |
| (2) | The owner of State-designated cultural heritage may appoint a custodian to be in charge of managing and protecting the State-designated cultural heritage on his or her behalf, as occasion demands. |
| Article 34 (Management by Management Organizations) |
| (1) | Where the identity of an owner of State-designated cultural heritage is unknown or it is deemed difficult or inappropriate for the owner or custodian to manage the State-designated cultural heritage, the Administrator of the Cultural Heritage Administration may designate a local government, corporation or organization competent to manage the cultural heritage as a management organization for the management of the State-designated cultural heritage. In such cases, the management organization of cultural heritage not directly managed by the State among State-designated cultural heritage shall be the competent Special Self-Governing City, Special Self-Governing Province, or Si / Gun / Gu (referring to an autonomous Gu ; hereinafter the same shall apply): Provided , That where cultural heritage extends over at least two Si s/ Gun s/ Gu s, the competent Special Metropolitan City, Metropolitan City, or Do (excluding the Special Self-Governing City and the Special Self-Governing Province) shall be the management organization of such cultural heritage. |
| (2) | A local government designated as a management organization may entrust a corporation or organization competent to manage the relevant cultural heritage with management affairs thereof, following consultation with the Administrator of the Cultural Heritage Administration. |
| (3) | Where the Administrator of the Cultural Heritage Administration intends to designate a management organization pursuant to paragraph (1), he or she shall hear the opinion of the owner of the relevant cultural heritage, or a local government, corporation, or organization he or she intends to designate. |
| (4) | Where the Administrator of the Cultural Heritage Administration designates a management organization pursuant to paragraph (1), he or she shall, without delay, give public notice pm the purport thereof in the Official Gazette, and shall notify the owner or custodian of State-designated cultural heritage and the relevant management organization. |
| (5) | No one shall interfere with management activities of a management organization designated pursuant to paragraph (1). |
| (6) | Expenses incurred in managing State-designated cultural heritage by a management organization shall be borne by the management organization, except as otherwise specifically provided for in this Act, but the State or the competent local government may subsidize the expenses within budgetary limits if the management organization is incapable of bearing such expenses. |
| (7) | Article 30 shall apply mutatis mutandis to the time the designation of a management organization under paragraph (1) becomes effective. |
| Article 34-2 (Special Management by the State) |
| (1) | Notwithstanding Article 34 (1), if the Administrator of the Cultural Heritage Administration deems that, with respect to any State-designated cultural heritage, management by the owner, custodian, or management organization thereof is difficult or inappropriate, he or she may directly manage and protect the relevant cultural heritage, following deliberation by the Cultural Heritage Committee. |
| (2) | Expenses incurred in managing and protecting State-designated cultural heritage pursuant to paragraph (1) shall be borne by the State. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 35 (Matters Subject to Permission) |
| (1) | A person who intends to perform any of the following acts in connection with State-designated cultural heritage (excluding national intangible cultural heritage; hereafter in this Article the same shall apply) shall obtain permission from the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree, and the same shall also apply where he or she intends to alter any permitted matter: Provided , That permission (including permission of the alteration of any permitted matter) from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu shall be required for placing a direction board or a warning sign within a protection area of the State-designated cultural heritage and for other insignificant acts prescribed by Presidential Decree: |
| 1. | Acts prescribed by Presidential Decree which alter the current state of the State-designated cultural heritage (including protective facilities, protection zones, and natural monuments which are dead or declared to have been imported or brought into the Republic of Korea pursuant to Article 41 (1)); |
| 2. | Acts prescribed by Presidential Decree which could affect the preservation of State-designated cultural heritage (excluding cultural heritage categorized as movable property); |
| 3. | Taking a rubbed copy or a photoprint (reproducing originals by means of photo taking, etc.), or such act of taking a photograph of State-designated cultural heritage, as prescribed by Presidential Decree, in a manner that could affect the preservation of the cultural heritage; |
| 4. | Capturing or collecting an animal, plant, or mineral within an area designated or provisionally designated as a scenic area or natural monument or within its protection zone or removing the captured or collected animal, plant, or mineral from such area or protection zone. |
| (2) | Where permission from the Administrator of the Cultural Heritage Administration or from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu is granted pursuant to paragraph (1) 2 in an area where the historic and cultural environment preservation area of State-designated cultural heritage overlaps with that of City/Do-designated cultural heritage, permission by the relevant Mayor/ Do Governor under Article 74 (2) shall be deemed granted. |
| (3) | The Administrator of the Cultural Heritage Administration may entrust a Mayor/ Do Governor with affairs concerning permission for changes to insignificant matters determined by Presidential Decree, among permitted matters relating to activities which could affect the preservation of State-designated cultural heritage under paragraph (1) 2. |
| (4) | Within 30 days from the day an application for permission or for alteration of any permitted matter is received under paragraph (1), the Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu shall notify the applicant of whether or not he or she grants permission. |
| (5) | If the Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu fails to notify the applicant of whether he or she grants permission, permission for alteration, or the extension of the processing period prescribed in a statute or regulation related to processing of civil complaints within the period prescribed in paragraph (4), permission or permission for alteration shall be deemed granted on the day following the expiration date of such prescribed period (where the processing period is extended or re-extended pursuant to a statute or regulation related to the processing of civil complaints, referring to the relevant processing period). |
| Article 36 (Criteria for Permission) |
| (1) | The Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu in receipt of an application for permission under Article 35 (1) shall grant permission only where an act subject to the application for permission meets the following requirements: |
| 1. | Where such act does not affect the preservation and management of cultural heritage; |
| 2. | Where such act does not damage a historic or cultural environment of cultural heritage; |
| 3. | Such act shall comply with the master plans for cultural heritage and implementation plans. |
| (2) | Where necessary for permission under paragraph (1), the Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu may authorize relevant professionals to conduct examination, as prescribed by Presidential Decree. |
| Article 37 (Revocation of Permitted Matters) |
| (1) | Where a person who obtains permission under the main clause of Article 35 (1), Article 35 (3), the proviso of Article 39 (1), Article 39 (3), or Article 48 (5) falls under any of the following cases, the Administrator of the Cultural Heritage Administration may revoke such permission: |
| 1. | Where he or she violates permitted matters or conditions of permission; |
| 2. | Where he or she obtains permission by fraud or other improper means; |
| 3. | Where he or she is unable to fulfill permitted matters, or it is deemed likely to substantially undermine public interests. |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu may cancel permission where a person who has obtained permission pursuant to the proviso of Article 35 (1) falls under any subparagraph of paragraph (1). |
| (3) | Where a person who obtains permission under Article 35 (1) fails to file a commencement report and a period for permission expires, such permission shall be deemed revoked. |
| Article 38 (Medical Treatment of Animals Designated as Natural Monument) |
| (1) | Where an animal designated as natural monument is in peril, a Mayor/ Do Governor may permit transportation for rescue, medication, surgical operation, raising, training for adaption to the wild, etc. (hereinafter referred to as "medical treatment") to be conducted at an animal clinic he or she designates. |
| (2) | Where a Mayor/ Do Governor designates an animal clinic pursuant to paragraph (1), he or she shall select it from the following institutions which have expertise in cultural heritage or experience in activities for the protection of natural monument or in medical treatment of wild animals, and the procedure for such designation and other necessary matters shall be prescribed by ordinances of the competent local government: |
| 1. | A veterinary hospital established by a veterinarian license holder under the Veterinarians Act ; |
| 2. | A livestock industry-related institution of a local government which employs a veterinarian license holder under the Veterinarians Act ; |
| 3. | A management organization or an organization for the protection of animals which has a veterinarian license holder under the Veterinarians Act as its members. |
| (3) | Where it is necessary to urgently protect an animal designated as a natural monument in peril, the Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu may permit an animal clinic to provide medical treatment first without obtaining permission for the alteration of the current state and to report the results thereon later, notwithstanding Article 35 (1). |
| (4) | The State or a local government may provide expenses incurred in providing medical treatment, within budgetary limits, to an animal clinic that provides medical treatment to an animal designated as a natural monument. In such cases, business affairs related to the provisions of expenses for medical treatment of animals designated as natural monuments may be entrusted to an organization related to the medical treatment and protection of natural monuments prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and the procedure for providing expenses for medical treatment and other necessary measures shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (5) | Where an animal clinic falls under any of the following cases, a Mayor/ Do Governor may revoke the designation thereof: |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it fails to meet requirements for designation under paragraph (2); |
| 3. | Where it kills or maims an animal designated as a natural monument under medical treatment, intentionally or by gross negligence; |
| 4. | Where it fails to report the results of medical treatment under paragraph (3) or falsely reports thereon; |
| 5. | Where it submits a false invoice to claim expenses for medical treatment under paragraph (4); |
| 6. | Where it violates an order issued by the Administrator of the Cultural Heritage Administration or the head of a local government under Article 42 (1). |
| (6) | Where a Mayor/ Do Governor designates an animal clinic or revokes the designation thereof pursuant to paragraphs (2) and (5), he or she shall report thereon to the Administrator of the Cultural Heritage Administration. |
| Article 39 (Prohibition of Exportation) |
| (1) | No national treasure, treasure, natural monument, or national folklore resource shall be exported or removed from the Republic of Korea: Provided , That this shall not apply where any person obtains permission from the Administrator of the Cultural Heritage Administration on condition that it should be removed from the Republic of Korea for the purpose of international cultural exchange, such as an overseas exhibition of cultural heritage and returned to the Republic of Korea within two years from the date on which it is removed. |
| (2) | Any person who intends to obtain permission to remove cultural heritage from the Republic of Korea pursuant to the proviso of paragraph (1), shall submit to the Administrator of the Cultural Heritage Administration an application for permission for removal in form prescribed by Ordinance of the Ministry of Culture, Sports and Tourism through a computer system operated and managed by the Commissioner of the Korea Customs Service, by not later than five months before the scheduled date of removal. |
| (3) | Where a person who has obtained permission for removal pursuant to the proviso of paragraph (1) applies for the extension of the period therefor, the Administrator of the Cultural Heritage Administration may permit extension of such period by up to two years, only if deemed necessary for achieving the original purpose of removal and for safety, etc. of cultural heritage. |
| (4) | To examine whether permission for removal is granted or whether a period for removal is extended pursuant to the proviso of paragraph (1) and paragraph (3), specific criteria for such examination shall be prescribed by Presidential Decree. |
| (5) | The Administrator of the Cultural Heritage Administration may request a person who has obtained permission to remove cultural heritage from the Republic of Korea pursuant to the proviso of paragraph (1) to submit data on the status of the relevant cultural heritage, its preservation and management conditions, etc. In such cases, a person in receipt of such request shall comply therewith except in extenuating circumstances. |
| (6) | Notwithstanding paragraph (1), the Administrator of the Cultural Heritage Administration may grant permission for exportation in any of the following cases: |
| 1. | Where a natural monument is made into a specimen, stuffed specimen, etc. with permission under Article 35 (1) 1; |
| 2. | Natural monuments proliferated at specific facilities for the purposes of research or exhibitions. |
| (7) | The Administrator of the Cultural Heritage Administration shall notify the applicant whether he or she grants permission, within 30 days from the day the application for permission is received pursuant to paragraph (6). |
| (8) | If the Administrator of the Cultural Heritage Administration fails to notify the applicant whether he or she grants permission or extends the processing period prescribed in a statute or regulation related to processing of civil complaints within the period prescribed in paragraph (7), permission shall be deemed granted on the day following the expiration date of such prescribed period (where the processing period is extended or re-extended pursuant to a statute or regulation related to the processing of civil complaints, referring to the relevant processing period). |
| Article 40 (Matters Subject to Reporting) |
| (1) | Where any of the following cases occurs, an owner, custodian, or management organization of Sate-designated cultural heritage (including its protective facilities and protection zone; hereafter in this Article the same shall apply) shall report the facts and circumstances thereof to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree: Provided , That where a person obtains permission pursuant to the proviso of Article 35 (1) and commences or completes the conduct, he or she shall report the same to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun /Gu: |
| 1. | Where the custodian is appointed or dismissed; |
| 2. | Where the owner of State-designated cultural heritage changes; |
| 3. | Where the name or address of the owner or custodian changes; |
| 4. | Where the name of land, lot number, land category, area, etc. of the place where State-designated cultural heritage is located changes; |
| 5. | Where the place of safekeeping registered cultural heritage changes; |
| 6. | Where all or part of State-designated cultural heritage is destroyed, washed away, stolen, or damaged; |
| 7. | Where the alteration in the current state of cultural heritage is commenced or completed with permission (including changed permission) under Article 35 (1) 1; |
| 8. | Where cultural heritage permitted under Article 35 (1) 4 or 39 (1) is taken out of the Republic of Korea and then returned; |
| 9. | Where he or she has owned a specimen or stuffed specimen of a natural monument before the species of an animal or plant is designated as a natural monument; |
| 9-2. | Where he or she conducts an autopsy on any dead animal designated as natural monument; |
| 9-3. | Where he or she conducts an act prescribed by Presidential Decree, such as taking measures to prevent an animal designated as natural monument from disease or other dangers and to preserve and make it survive. |
| (2) | Where a person files a report under paragraph (1), the owner and custodian shall jointly sign the report in cases falling under paragraph (1) 1, while the former and new owners shall, respectively, sign the report in cases falling under paragraph (1) 2. |
| (3) | Where a person who implements construction works in a historic and cultural environment preservation area commences or completes permitted matters after having obtained permission under Article 35 (1) 2 (including permission for changed matters) in the historic and cultural environment preservation area, he or she shall report the fact and the circumstances thereof to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree: Provided , That where a person obtains permission pursuant to the proviso of Article 35 (1) and commences or completes the conduct, he or she shall report the same to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu . |
| Article 41 (Declaration of Import of Animals or Bringing Them into the Republic of Korea) |
| (1) | Where any person imports any species (including subspecies) of animal designated as a natural monument from overseas or brings it into the Republic of Korea, he or she shall declare such fact to the Administrator of the Cultural Heritage Administration as prescribed by Presidential Decree. |
| (2) | In regard to the matters reported under paragraph (1), the Administrator of the Cultural Heritage Administration may request the heads of related institutions such as related central administrative agencies and public institutions to provide necessary data or information. In such cases, the heads of the institutions in receipt of the request for provision of data or information shall comply therewith except in extenuating circumstances. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 42 (Administrative Orders) |
| (1) | Where the Administrator of the Cultural Heritage Administration or the head of a local government deems it necessary to manage and protect State-designated cultural heritage (including its protective facilities and protection zone; hereafter in this Article the same shall apply), he or she may order to take any of the following measures: |
| 1. | Prohibition or restriction on certain activities by an owner, custodian, or management organization of State-designated cultural heritage where the management condition of the State-designated cultural heritage is not appropriate for the preservation of the cultural heritage or where deemed specifically necessary to do so; |
| 2. | Repair, installation of other necessary facilities, or removal of any obstacle by an owner, custodian, or management organization of State-designated cultural heritage; |
| 3. | An emergency measure necessary for the preservation of cultural heritage by an owner, custodian, or management organization of State-designated cultural heritage; |
| 4. | Suspension of alteration of the current state of State-designated cultural heritage or any act which could affect the preservation of State-designated cultural heritage, both of which are performed without permission under the subparagraphs of Article 35 (1), or reinstatement thereof. |
| (2) | Where an owner, custodian, or management organization of State-designated cultural heritage fails to fulfill an order issued pursuant to paragraph (1) 1 through 3 or it is deemed inappropriate to order the owner, custodian, or management organization of State-designated cultural heritage to take measures under paragraph (1) 1 through 3, the Administrator of the Cultural Heritage Administration or the head of a local government may directly take measures under paragraph (1) 1 through 3 at the cost of the State. |
| (3) | Where a person in receipt of an order under paragraph (1) 4 fails to fulfill such order, the Administrator of the Cultural Heritage Administration or the head of a local government may vicariously execute it, as stipulated in the Administrative Vicarious Execution Act , and collect expenses incurred therein from the violator. |
| (4) | Where the head of the competent local government issues an order under paragraph (1), he or she shall report thereon to the Administrator of the Cultural Heritage Administration. |
| Article 43 (Preparation and Preservation of Records) |
| (1) | The Administrator of the Cultural Heritage Administration, and the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si / Gun / Gu , and the head of each management organization shall prepare and preserve records concerning the preservation, management, and details of changes to State-designated cultural heritage. |
| (2) | Where deemed necessary for the preservation and management of State-designated cultural heritage, the Administrator of the Cultural Heritage Administration may authorize a person or research institute that has expertise in cultural heritage to keep records on State-designated cultural heritage. |
| Article 44 (Regular Investigations) |
| (1) | The Administrator of the Cultural Heritage Administration shall investigate on a regular basis the current state, management, and repair of the State-designated cultural heritage and other conditions of environmental preservation thereof. |
| (2) | Where the Administrator of the Cultural Heritage Administration deems it necessary to conduct a further investigation after a regular investigation under paragraph (1), he or she may require public officials under his or her control to reinvestigate the State-designated cultural heritage in question. |
| (3) | When an investigation is to be conducted pursuant to paragraphs (1) and (2), the purport thereof shall be communicated, in advance, to the owner, custodian, or management organization of the relevant cultural heritage: Provided , That a post-notice may be given in urgent cases. |
| (4) | Public officials who conduct an investigation under paragraphs (1) and (2) may request an owner, custodian, or management organization of cultural heritage to cooperate in disclosing the cultural heritage, presenting data on the current state to the extent necessary for the investigation, and allowing access to the place where the cultural heritage is located, and may also take a measurement, excavate the ground, remove obstacles, and do other necessary acts for the investigation to the extent not damaging the current state of the cultural heritage: Provided , That consent from the owner, custodian, or management organization is required where such acts are conducted before sunrise or after sunset. |
| (5) | Public officials who conduct an investigation pursuant to paragraph (4) shall carry documents indicating their authority and present them to relevant persons. |
| (6) | The Administrator of the Cultural Heritage Administration may fully or partially delegate regular investigations and re-investigations under paragraphs (1) and (2) to a local government, or entrust such investigations to a specialized institution or organization, as prescribed by Presidential Decree. |
| (7) | The Administrator of the Cultural Heritage Administration shall reflect the results of regular investigations and re-investigations under paragraphs (1) and (2) in the management of State-designated cultural heritage, as stipulated in the following: |
| 1. | Designation of cultural heritage and revocation thereof; |
| 2. | Designation of protective facilities or protection zones and revocation thereof; |
| 4. | Repair and reinstatement of cultural heritage; |
| 5. | Restriction and prohibition of any act which could affect the preservation of cultural heritage or installation, removal, or relocation of facilities; |
| 6. | Other necessary matters for the management of cultural heritage. |
| Article 45 (Ex Officio Investigations) |
| (1) | Where deemed necessary, the Administrator of the Cultural Heritage Administration may require public officials under his or her control to investigate the current state, management, repair, and other conditions of environmental preservation. |
| (2) | Where an ex officio investigation is conducted pursuant to paragraph (1), Article 44 (3) through (5) shall apply mutatis mutandis to notice of investigation, the extent of a request for cooperation in investigations, the scope of acts necessary for investigations, the duty to carry and present a certificate for investigations, and other relevant matters. |
| Article 46 (Compensation for Losses) |
| 1. | A person who sustains any loss by following an order issued under Article 42 (1) 1 through 3; |
| 2. | A person who sustains any loss by taking a measure under Article 42 (2); |
| 3. | A person who sustains any loss due to investigations under Article 44 (4) (including cases applied mutatis mutandis under Article 45 (2)). |
| (2) | Matters necessary for those eligible for compensation for losses under paragraph (1) and procedures, etc. for said compensation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 47 (Application Mutatis Mutandis of Matters to be Permitted to Provisionally Designated Cultural Heritage) |
Articles 35 (1), 37, 39, 40 (1) (limited to subparagraphs 2 through 4 and 6 through 8 of the same paragraph), 40 (2), 42 (1) 1 and 3, and 46 shall apply mutatis mutandis to the management and protection of provisionally designated cultural heritage.
[Title Amended on Nov. 26, 2019]
SECTION 3 Public Disclosure and Admission Fees
| Article 48 (Public Disclosure of State-Designated Cultural Heritage) |
| (1) | State-designated cultural heritage (excluding national intangible cultural heritage; hereafter in this Article the same shall apply) shall be publicly disclosed unless any extenuating circumstance exists, except where public disclosure of cultural heritage is restricted pursuant to paragraph (2). |
| (2) | Where necessary to preserve State-designated cultural heritage and to prevent its damage, the Administrator of the Cultural Heritage Administration may fully or partially restrict the disclosure of the relevant cultural heritage. In such cases, the Administrator of the Cultural Heritage Administration shall hear the opinion of the owner (referring to a management organization where such organization is designated) of the cultural heritage in question. |
| (3) | Where the Administrator of the Cultural Heritage Administration places a restriction on public disclosure of State-designated cultural heritage pursuant to paragraph (2), he or she shall give public notice on the location of the area where the cultural heritage is located, the period during which public disclosure is restricted, the area subject to the restriction, and other relevant matters, as determined by Ordinance of the Ministry of Culture, Sports and Tourism, and shall inform the owner, custodian, or management organization of the relevant cultural heritage, the competent Mayor/ Do Governor, and the head of the competent Si / Gun / Gu thereof. |
| (4) | The Administrator of the Cultural Heritage Administration shall, without delay, lift the restriction measure as soon as the grounds for a restriction on public disclosure of State-designated cultural heritage under paragraph (2) cease to exist. In such cases, the Administrator of the Cultural Heritage Administration shall give public notice thereon, as determined by Ordinance of the Ministry of Culture, Sports and Tourism, and shall inform the owner, custodian, or management organization of the relevant cultural heritage, the competent Mayor/ Do Governor, and the head of the competent Si / Gun / Gu thereof. |
| (5) | A person who intends to enter a restricted area pursuant to paragraphs (2) and (3) shall obtain permission from the Administrator of the Cultural Heritage Administration by clearly stating the reason therefor. |
| (6) | The Administrator of the Cultural Heritage Administration shall notify the applicant whether he or she grants permission, within 30 days from the day the application for permission is received pursuant to paragraph (5). |
| (7) | If the Administrator of the Cultural Heritage Administration fails to notify the applicant whether he or she grants permission or extends the processing period prescribed in a statute or regulation related to processing of civil complaints within the period prescribed in paragraph (6), permission shall be deemed granted on the day following the expiration date of such period (where the processing period is extended or re-extended pursuant to a statute or regulation related to the processing of civil complaints, referring to the relevant processing period). |
| Article 49 (Collection, Deduction and Exemption of Admission Fees) |
| (1) | An owner of any State-designated cultural heritage who discloses it to the public may collect admission fees from visitors: Provided , That where a management organization is designated, the management organization shall be the collecting authority. |
| (2) | Admission fees under paragraph (1) shall be determined by the owner or management organization of the relevant State-designated cultural heritage. |
| (3) | Notwithstanding paragraph (1), the State or a local government may exempt residents, etc. from admission fees, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in cases of State-designated cultural heritage managed by the State, and as prescribed by municipal ordinance in cases of State-designated cultural heritage managed by a local government. |
[Title Amended on Jan. 28, 2014]
SECTION 4 Subsidies and Subsidization of Expenses
| (1) | The State may fully or partially subsidize the following expenses: |
| 1. | Expenses incurred in managing cultural heritage by a management organization under Article 34 (1); |
| 2. | Expenses incurred in taking measures stipulated under Article 42 (1) 1 through 3; |
| 3. | Expenses incurred in managing, protecting, repairing, utilizing State-designated cultural heritage or in preparing records thereon, in addition to cases falling under subparagraphs 1 and 2; |
| (2) | The Administrator of the Cultural Heritage Administration may supervise the repair of cultural heritage or any other works where he or she grants subsidies pursuant to paragraph (1). |
| (3) | Subsidies under paragraph (1) 2 and 3 shall be granted through the Mayor/ Do Governor, and shall be managed and spent in compliance with the instructions of the Mayor/ Do Governor: Provided , That such subsidies may be directly granted to an owner, custodian, or management organization, and may be managed and spent in compliance with the instructions of the Administrator of the Cultural Heritage Administration where he or she deems it necessary to do so. |
| Article 52 (Expenses Borne by Local Governments) |
A local government may bear or subsidize expenses incurred in managing, protecting, repairing, or utilizing State-designated cultural heritage which are located in its jurisdiction, but not owned or managed by the local government.
CHAPTER IX STATE REGISTERED CULTURAL HERITAGE
| Article 53 (Registration of State Registered Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may register tangible cultural heritage, monuments (excluding those described in Article 2 (1) 3 (b) and (c)), and folklore resources which are not designated as cultural heritage and for which measures for preservation and utilization are specifically required as State-registered cultural heritage, following deliberation by the Cultural Heritage Committee. |
| (2) | Standards and procedures for registration of the State-registered cultural heritage, matters to be registered, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[Title Amended on Dec. 24, 2018]
| Article 54 (Management of State Registered Cultural Heritage) |
| (1) | A person who manages State-registered cultural heritage, including the owner or custodian of the State-registered cultural heritage, shall endeavor to preserve the original form of the State-registered cultural heritage. |
| (2) | Where the identity of an owner of State-registered cultural heritage is unknown or its owner or custodian is unable to manage the State-registered cultural heritage, the Administrator of the Cultural Heritage Administration may designate a person to manage the State-registered cultural heritage, from among the competent local government and corporations or organizations competent to manage the State-registered cultural heritage and entrust it to manage the cultural heritage. |
| (3) | Any owner or custodian of State-registered cultural heritage or a person designated pursuant to paragraph (2) (hereinafter referred to as "management organization of State-registered cultural heritage") may request the Administrator of the Cultural Heritage Administration to provide technical instruction in connection with the management and repair of the State-registered cultural heritage, as determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
[Title Amended on Dec. 24, 2018]
| Article 55 (Matters to Be Reported relating to State Registered Cultural Heritage) |
Where any of the following cases occurs in connection with State-registered cultural heritage, the owner, custodian, or management organization of the relevant registered cultural heritage shall report the facts and circumstances thereof to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree: Provided , That the owner and custodian shall jointly sign the report in cases falling under subparagraph 1, while the former and new owners shall jointly sign the report in cases falling under subparagraph 2:
| 1. | Where the custodian is appointed or dismissed; |
| 2. | Where the owner changes; |
| 3. | Where the address of the owner or custodian changes; |
| 4. | Where the name of land, lot number, land category, area, etc. of the place where registered cultural heritage is located changes; |
| 5. | Where the place of safekeeping registered cultural heritage changes; |
| 6. | Where all or part of registered cultural heritage is destroyed, washed away, stolen, or damaged; |
| 7. | Where the alteration in the current state of registered cultural heritage commences or is completed by obtaining permission (including revised permission) under Article 56 (2); |
| 8. | Where cultural heritage permitted under the proviso of Article 39 (1) which is applied mutatis mutandis under Article 59 (2) is taken out of the Republic of Korea and then returned. |
[Title Amended on Dec. 24, 2018]
| Article 56 (Alteration of Current State of State Registered Cultural Heritage) |
| (1) | A person who intends to perform any of the following acts in connection with State-registered cultural heritage, he or she shall report thereon to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si / Gun / Gu by 30 days prior to the date on which he or she intends to alter it: |
| 1. | Acts prescribed by Presidential Decree which alter the exterior of the cultural heritage concerned (excluding cultural heritage classified as movable property); |
| 2. | Relocating registered cultural heritage (excluding cultural heritage classified as movable property) to another place or removing it; |
| 3. | Repairing or preserving cultural heritage classified as movable property. |
| (2) | Notwithstanding paragraph (1), a person who intends to alter the current state of any of the following State-registered cultural heritage, he or she shall obtain permission from the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree. This shall also apply to any change to permitted matters: |
| 1. | State-registered cultural heritage to which special cases concerning the building-to-land ratio or the floor area ratio of a building under Article 57 is applicable; |
| 2. | State-registered cultural heritage which is subject to a subsidy from the State under Article 51 which is applied mutatis mutandis under Article 59 (2); |
| 3. | State-registered cultural heritage the owner of which is the State or a local government. |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu in receipt of a report under paragraph (1) shall report the fact to the Administrator of the Cultural Heritage Administration via a Mayor/ Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor). |
| (4) | Where necessary for the protection of State-registered cultural heritage, the Administrator of the Cultural Heritage Administration may provide instruction, advice, recommendation, etc. with respect to the alteration of the current state of the State-registered cultural heritage reported under paragraph (1). |
[Title Amended on Dec. 24, 2018]
| Article 57 (Special Cases concerning Building-to-Land Ratio and Floor Space Ratio of State Registered Cultural Heritage) |
Notwithstanding Articles 77 through 79 of the National Land Planning and Utilization Act , the building-to-land ratio and the floor area ratio applicable to a site where a building, which is State-registered cultural heritage, is located may be alleviated, as prescribed by Presidential Decree, by up to 150 percent of the building-to-land ratio and the floor space ratio applicable to the relevant specific-use area, etc.
[Title Amended on Dec. 24, 2018]
| Article 58 (Cancellation of Registration) |
| (1) | Where State-registered cultural heritage no longer needs to be preserved or utilized or any other specific ground exists, the Administrator of the Cultural Heritage Administration may cancel the registration thereof, following deliberation by the Cultural Heritage Committee. |
| (2) | Where State-registered cultural heritage is designated as designated cultural heritage, the registration thereof becomes invalid. |
| (3) | Where the owner of State-registered cultural heritage is notified of the cancellation of registration, he or she shall return its registration certificate to the Administrator of the Cultural Heritage Administration within 30 days from the date on which he or she is notified thereof. |
| Article 59 (Provisions Applicable Mutatis Mutandis) |
| (1) | Articles 28 through 30 shall apply mutatis mutandis to the public notice and notification of registration of State-registered cultural heritage and the cancellation thereof, issuance of the registration certificate, and timing registration or the revocation of such registration becomes effective. In such cases, "State-designated cultural heritage" shall be construed as "State-registered cultural heritage," "designation" as "registration," and "letter of designation" as "registration certificate." |
| (2) | Articles 33 , 34 (2) through (7), 37, 39, 43 through 45, 46 (1) 3 and (2), 49, 51 (1) 1 and 3, (2) and (3), 52, and 81 shall apply mutatis mutandis to management principles for owners of State-registered cultural heritage, the management by management organizations of State-registered cultural heritage, the cancellation of registration of State-registered cultural heritage, prohibition of exportation, etc. of State-registered cultural heritage, the preparation, preservation and regular inspections of records on State-registered cultural heritage, ex officio investigations on status, etc. of State-registered cultural heritage, compensation for loss caused by regular inspections, collection of admission fees of State-registered cultural heritage, grant of subsidies by the State, bearing of expenses by local governments, succession to rights and obligations when the owner changes. In such cases, "State-designated cultural heritage" shall be construed as "State-registered cultural heritage," and "management organization" as "management organization of State-registered cultural heritage." |
CHAPTER VI ORDINARY MOVABLE CULTURAL HERITAGE
| Article 60 (Prohibition of Exportation of Ordinary Movable Cultural Heritage) |
| (1) | Article 39 (1) and (3) shall apply mutatis mutandis to cultural heritage classified as movable property (hereinafter referred to as "ordinary movable cultural heritage"), among cultural heritage which are neither designated nor registered under this Act: Provided , That this shall not apply to any of the following cases where the Administrator of the Cultural Heritage Administration grants permission for international cultural exchange, including an overseas exhibition of ordinary movable cultural heritage: |
| 1. | Where a museum, etc. established under the Museum and Art Gallery Support Act retrieves ordinary movable cultural heritage taken out to a foreign museum, etc. within 10 years from the date on which it was taken out; |
| 2. | Where a museum or an organization related to cultural heritage which is officially recognized by a foreign government takes ordinary movable cultural heritage purchased or donated out of the Republic of Korea with intent to exhibit it in a museum, etc. in its own country. |
| (2) | Where a person who has obtained permission under the proviso of paragraph (1) falls under any subparagraph of Article 37 (1), the Administrator of the Cultural Heritage Administration may revoke such permission. |
| (3) | Necessary matters relating to procedures, etc. for exportation or taking-out of ordinary movable cultural heritage under paragraph (1) 2 shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (4) | Where a person who has obtained permission under the proviso of paragraph (1) retrieves the permitted ordinary movable cultural heritage after it was taken out of the Republic of Korea, he or she shall report thereon to the Administrator of the Cultural Heritage Administration, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (5) | Where a person intends to export or take movable property out of the Republic of Korea that could be mistaken as ordinary movable cultural heritage, he or she shall receive prior verification from the Administrator of the Cultural Heritage Administration. |
| (6) | Necessary matters relating to the scope of ordinary movable cultural heritage and the verification, etc. thereof under paragraph (1) and paragraph (5) shall be prescribed by Presidential Decree. |
| (7) | If a person who has obtained permission for taking-out pursuant to the proviso of paragraph (1) (limited to the case of subparagraph 1) applies for an extension of the taking-out period, the Administrator of the Cultural Heritage Administration may permit an extension of such period within 10 years from the date of taking-out, limited to the case satisfying the examination standards under paragraph (1), if deemed necessary for achieving the original purpose of taking-out or the safety of cultural heritage, etc. |
| (8) | Specific examination standards for permitting taking-out of the Republic of Korea or export of general movable cultural heritage and the extension of a taking-out period or an export period such heritage under the proviso of paragraph (1) and paragraph (7) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (9) | The Administrator of the Cultural Heritage Administration may require a person granted permission for taking-out or export under the proviso of paragraph (1) to submit materials, such as the current status of the relevant cultural heritage and the status of preservation and management. In such cases, a person in receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
| Article 60-2 (Assignment of Cultural Heritage Appraiser) |
| (1) | In order to carry out the affairs relating to the prevention of illegal taking-out of cultural heritage and the appraisal, etc. of movable property taken abroad, the Administrator of the Cultural Heritage Administration may assign cultural heritage appraisers at airports under subparagraph 3 of Article 2 of the Airport Facilities Act , international trade ports under subparagraph 2 of Article 2 of the Harbor Act , clearance post offices under Article 256 (2) of the Customs Act , and other relevant places. |
| (2) | Matters necessary for assignment, operation, etc. of cultural heritage appraisers pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 27, 2015]
| Article 61 (Investigation on Ordinary Movable Cultural Heritage) |
| (1) | Where deemed necessary, the Administrator of the Cultural Heritage Administration may require public officials under his or her control to investigate the current state of ordinary movable cultural heritage possessed by a State agency or local government, its management, repair, and other preservation conditions thereof. In such cases, the head of the State agency or local government shall cooperate in the investigation. |
| (2) | Where the Administrator of the Cultural Heritage Administration deems that the preservation and management of cultural heritage is inappropriate based on the results of an investigation conducted under paragraph (1), he or she may request the head of the relevant agency or local government to prepare a scheme for the preservation and management of such cultural heritage. |
| (3) | The head of a State agency or local government in receipt of a request by the Administrator of the Cultural Heritage Administration under paragraph (2) shall prepare a scheme for the preservation and management of cultural heritage, and shall report to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree. |
| (4) | Article 44 (3) through (5) shall apply mutatis mutandis to notice on investigations, requests for cooperation in investigations, and other matters necessary for such investigations where the Administrator of the Cultural Heritage Administration conducts investigations under paragraph (1). |
CHAPTER VII SPECIAL CASES CONCERNING STATE-OWNED CULTURAL HERITAGE
| Article 62 (Management Authority and Office of General Administration) |
| (1) | Notwithstanding Article 8 of the State Property Act and Article 7 of the Commodity Management Act , cultural heritage owned by the State (hereinafter referred to as "State-owned cultural heritage") shall be managed and comprehensively controlled by the Administrator of the Cultural Heritage Administration: Provided , That where State-owned cultural heritage is administrative property managed by the head of any central government agency (referring to the head of a central administrative agency under the National Finance Act ; hereinafter the same shall apply) other than the Administrator of the Cultural Heritage Administration or it is specially necessary for the head of any central government agency other than the Administrator of the Cultural Heritage Administration to manage such cultural heritage, the Administrator of the Cultural Heritage Administration shall designate a management authority, following consultation with the head of the related agency and the Minister of Economy and Finance. |
| (2) | Where the Administrator of the Cultural Heritage Administration designates a management authority pursuant to the proviso of paragraph (1), he or she shall seek opinions from the Cultural Heritage Committee. |
| (3) | The Administrator of the Cultural Heritage Administration may delegate the management of State-owned cultural heritage which do not fall under the proviso of paragraph (1) to a local government, or entrust the management of such heritage to a non-profit corporation or non-profit organization that is not a corporation. In such cases, the profits accrued from the management of State-owned cultural heritage shall be the revenue of the person to whom management is delegated or entrusted. |
| Article 63 (Free Administrative Exchanges between Accounts) |
State-owned cultural heritage that belongs to an account of another management authority may be transferred to the Administrator of the Cultural Heritage Administration through an administrative exchange without consideration, notwithstanding Article 17 of the State Property Act .
| Article 64 (Special Cases concerning Procedures and Methods) |
| (1) | Where the Administrator of the Cultural Heritage Administration designates or provisionally designates State-owned cultural heritage, the management authority of which is otherwise designated pursuant to the proviso of Article 62 (1), or revokes the designation or provisional designation thereof, notice to the owner or possessor of cultural heritage required under this Act shall be given to the management authority of such cultural heritage. |
| (2) | Where Articles 40 , 42, 45, and 49 apply to any State-owned cultural heritage, the management authority of which is otherwise designated pursuant to the proviso of Article 62 (1), "owner of cultural heritage" refers to the management authority of cultural heritage. |
| Article 65 (Restriction on Disposal) |
Where a management authority under the proviso of Article 62 (1) intends to perform any act other than those stipulated under the subparagraphs Article 35 (1) in connection with State-designated or provisionally designated cultural heritage under its control, it shall obtain the consent of the Administrator of the Cultural Heritage Administration in advance.
| Article 66 (Prohibition of Transfer or Establishment of Private Rights) |
Unless otherwise specifically provided for in this Act, no State-owned cultural heritage (including its site) may be transferred to any other person, nor may any private right be established therein: Provided , That the use of such cultural heritage may be permitted under certain terms and conditions only in necessary cases for any public or official purpose or for public service if it is determined that this does not create problems in managing and protecting the cultural heritage.
CHAPTER VIII KOREAN CULTURAL HERITAGE OVERSEAS
| Article 67 (Protection of Korean Cultural Heritage Overseas) |
The State shall endeavor to protect, restitute, and utilize Korean cultural heritage overseas, and secure an organization and a budget necessary therefor.
| Article 68 (Investigations and Research of Korean Cultural Heritage Overseas) |
| (1) | The Administrator of the Cultural Heritage Administration or the head of a local government may conduct investigations and research on the status of Korean cultural heritage overseas, its preservation and management conditions, details on how it was taken out of the Republic of Korea, and other relevant matters. |
| (2) | The Administrator of the Cultural Heritage Administration or the head of a local government may request related agencies, including museums, the Korea Foundation, the National Institute of Korean History, and universities, to present data and information necessary for efficiently conducting investigations and research under paragraph (1), and related agencies so requested shall comply therewith. |
| Article 69 (Support for Protecting and Restituting Korean Cultural Heritage Overseas) |
| (1) | The Administrator of the Cultural Heritage Administration or the head of a local government may support or foster related agencies or organizations where necessary for the protection and restitution of Korean cultural heritage overseas. |
| (2) | Necessary matters relating to designation of agencies or organizations to be supported or fostered by the head of a local government, provision of financial support to such agencies or organizations, etc. under paragraph (1) shall be prescribed by municipal ordinance of the competent local government. |
| Article 69-2 (Gathering of Opinions on Restitution and Utilization of Korean Cultural Heritage Overseas) |
The Administrator of the Cultural Heritage Administration may gather opinions from relevant experts or agencies about significant policies for restituting and utilizing Korean cultural heritage overseas.
[This Article Wholly Amended on Feb. 3, 2016]
| Article 69-3 (Establishment of Overseas Korean Cultural Heritage Foundation) |
| (1) | In order to conduct an investigation and research on the status of Korean cultural heritage overseas and the details of their taking-out of the Republic of Korea, to carry out research on various strategies and policies on the restitution and utilization of Korean cultural heritage overseas, and to engage in other projects regarding Korean cultural heritage overseas in a comprehensive and systematic manner, an Overseas Korean Cultural Heritage Foundation (hereinafter referred to as the “Foundation”) shall be established under the Cultural Heritage Administration. |
| (2) | The Foundation shall be a corporation. |
| (3) | The Foundation shall have executive officers and employees as necessary, as prescribed by its articles of incorporation. |
| (4) | Except as provided for in this Act, provisions concerning incorporated foundations under the Civil Act shall apply mutatis mutandis to the Foundation. |
| (5) | The State may contribute funds or grant subsidies, within budgetary limits or from the Cultural Heritage Preservation Fund under the Cultural Heritage Preservation Fund Act , to cover expenses incurred in establishing and operating the Foundation. |
| (6) | The Foundation shall engage in the following projects to accomplish the purposes of its establishment: |
| 1. | Investigation and research on the status of Korean cultural heritage overseas and the details of their removal from the Republic of Korea, etc.; |
| 2. | Research on the restitution, protection, and utilization of Korean cultural heritage overseas; |
| 3. | Acquisition, preservation, and management of Korean cultural heritage overseas; |
| 4. | Provision of support to organizations related to the restitution and utilization of Korean cultural heritage overseas, and increasing exchange and international alliance therewith; |
| 5. | Publicity, education, and publication and dissemination activities in regards to the restitution and utilization of Korean cultural heritage overseas; |
| 6. | Support for operating Korean galleries at overseas museums; |
| 7. | Dispatch and education and training of curators in charge of Korean art collections; |
| 8. | Support for preservation of Korean cultural heritage overseas and publicity thereof; |
| 9. | Profit-making projects to attain the purposes of its establishment, in which case prior approval from the Administrator of the Cultural Heritage Administration shall be obtained for such projects; |
| 10. | Other projects necessary to attain the purposes of its establishment. |
| (7) | The Foundation may require relevant administrative agencies or the heads of corporations or organizations related to the restitution and utilization of Korean cultural heritage overseas to submit data necessary to undertake its projects, via the Administrator of the Cultural Heritage Administration. |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 69-4 (Donation of Money) |
| (1) | Any person may donate money and other property to the Foundation to recover and utilize Korean cultural heritage overseas. |
| (2) | Where donations are made under paragraph (1), the Foundation may receive the voluntarily donated money and goods insofar as they conform to its business objectives, notwithstanding the main clause, with the exception of the subparagraphs, of Article 5 (2) of the Act on Collection and Use of Donations . In such cases, the Foundation shall manage donations it has received in a separate account. |
| (3) | Necessary matters, such as procedures for donation and receipt thereof under paragraphs (1) and (2) and methods of management and operation of donation, shall be prescribed by Presidential Decree. |
| (4) | The Foundation shall report the status, etc. of the receipt and handling of donations under paragraph (2) to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree. |
| (5) | The Administrator of the Cultural Heritage Administration may give honorable treatment, such as granting awards, to persons who have made remarkable contributions to the recovery and utilization of Korean cultural heritage overseas through donations under paragraph (1). |
[This Article Newly Inserted on Jan. 18, 2022]
CHAPTER IX CITY/DO-DESIGNATED CULTURAL HERITAGE AND CITY/DO-REGISTERED CULTURAL HERITAGE
| Article 70 (Designation of City/Do-Designated Cultural Heritage, Registration of City/Do-Registered Cultural Heritage) |
| (1) | A Mayor/ Do Governor may designate, as City/Do-designated cultural heritage, cultural heritage deemed worthy of preservation, among those under his or her jurisdiction which are not designated as State-designated cultural heritage. |
| (2) | A Mayor/ Do Governor may designate, as cultural heritage resources, cultural heritage not designated pursuant to paragraph (1), but deemed necessary for preservation of folk culture. |
| (3) | A Mayor/ Do Governor may register tangible cultural heritage, monuments (excluding those described in Article 2 (1) 3 (b) and (c)), and folklore resources which are not designated as City/Do-registered cultural heritage and for which measures for preservation and utilization are specifically required as registered cultural heritage, following deliberation by the Cultural Heritage Committee. |
| (4) | The Administrator of the Cultural Heritage Administration may recommend a Mayor/ Do Governor to designate cultural heritage deemed necessary following deliberation by the Cultural Heritage Committee as City/Do-designated cultural heritage or cultural heritage resources (including its protective facilities and protection zone; hereinafter the same shall apply), and preserve so-designated cultural heritage, or recommend to register as City/Do-registered cultural heritage and protect it. In such cases, a Mayor/ Do Governor shall take procedures for designating or procedure for registration of cultural heritage and report the results thereof to the Administrator of the Cultural Heritage Administration unless extenuating circumstances exist. |
| (5) | Where City/Do-designated cultural heritage or City/Do-registered cultural heritage resources are designated or registered pursuant to paragraphs (1) through (4), the name of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do , or Special Self-Governing Province shall be indicated before the word "designated" in their names, to inform that they have been designated by the said Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do , or Special Self-Governing Province. |
| (6) | Necessary matters relating to procedures for designating City/Do-designated cultural heritage or cultural heritage resources and revoking such designation; procedures for registering and canceling City/Do-designated cultural heritage; the management, protection and development of cultural heritage resources and City/Do-registered cultural heritage; and other relevant matters shall be prescribed by ordinance of the relevant local government. |
[Title Amended on Dec. 24, 2018]
| Article 70-2 (Designation of Protective Facilities or Protection Zones of City/Do-Designated Cultural Heritage or Cultural Heritage Resources) |
| (1) | Where specifically necessary to protect cultural heritage in granting designation pursuant to Article 70 (1) or (2), a Mayor/ Do Governor may designate protective facilities or protection zones therefor. |
| (2) | Where deemed necessary due to a change, etc. in artificial or natural conditions, a Mayor/ Do Governor may adjust protective facilities or protection zones designated pursuant to paragraph (1). |
| (3) | Where a Mayor/ Do Governor has designated or adjusted protective facilities or protection zones pursuant to paragraphs (1) and (2), he or she shall review whether such designation or adjustment is appropriate before every tenth anniversary of such designation or adjustment passes, in consideration of the following matters: Provided , That the period for review may be extended up to the period prescribed by Presidential Decree, if it is impracticable to review the appropriateness in a timely manner due to any extenuating circumstance: |
| 1. | The value of the cultural heritage worthy of preservation; |
| 2. | The effects of the designation of protective facilities or protection zones on the exercise of property rights; |
| 3. | The environment surrounding the protective facilities or protection zones. |
| (4) | Necessary matters relating to the designation and adjustment, the review of appropriateness, and other relevant matters under paragraphs (1) through (3) shall be prescribed by City/ Do Municipal Ordinances. |
| (5) | Where the protection zones designated under paragraph (2) are adjusted, if the Mayor/ Do Governor deems that they do not influence the preservation of City/Do-designated cultural heritage, he or she may maintain the extent of a historic and cultural environment preservation area designated pursuant to Article 13 (3) to the existing extent. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 71 (Establishment of City/Do Cultural Heritage Committees) |
| (1) | A cultural heritage committee (hereinafter referred to as "City/ Do cultural heritage committee") shall be established under each City/ Do to investigate and deliberate on matters relating to the preservation, management, and utilization of cultural heritage under the jurisdiction of the relevant Mayor/ Do Governor. |
| (2) | Matters relating to the organization and operation of City/ Do cultural heritage committees and other relevant matters shall be prescribed by municipal ordinances, including the following: |
| 1. | Matters relating to investigations of and deliberation on the preservation, management, and utilization of cultural heritage; |
| 2. | Matters relating to the commissioning and dismissal of committee members; |
| 3. | Matters relating to the establishment and operation of subcommittees; |
| 4. | Matters relating to the commission and utilization of expert committee members. |
| (3) | Where a Mayor/ Do Governor intends to request the Administrator of the Cultural Heritage Administration to designate any cultural heritage under his or her jurisdiction as State-designated cultural heritage (including its protective facilities and protection zone), to revoke such designation, or register or revoke State-designated cultural heritage, he or she shall undergo prior deliberation thereon by the relevant City/ Do cultural heritage committee. |
| Article 72 (Bearing of Expenses) |
| (1) | Where City/Do-designated cultural heritage, cultural heritage resources, or City/Do-registered cultural heritage designated or registered pursuant to Article 70 (1) through (3) is State-owned or public property, expenses incurred in the preservation thereof shall be borne by the State or the relevant local government. |
| (2) | The State or a local government may fully or partially subsidize the expenses incurred in the preservation, management, repair, utilization and preparation of records on City/Do-designated cultural heritage, cultural heritage resources, or City/Do-registered cultural heritage which are not State-owned or public property. |
| (1) | Where any of the following cases occurs, a Mayor/ Do Governor shall report thereon to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree: |
| 1. | Where he or she designates any cultural heritage or cultural heritage resource as City/Do-designated cultural heritage or cultural heritage resource, or revokes such designation; |
| 2. | Where the person is registered as City/Do-registered cultural heritage or the registration thereof is canceled; |
| 3. | Where the location or storage place of the City/Do-designated cultural heritage, cultural heritage resources, or City/Do-registered cultural heritage is changed; |
| 4. | Where City/Do-designated cultural heritage, cultural heritage resource, or City/Do-registered cultural heritage has been completely or partially destroyed, washed away, stolen, or damaged. |
| (3) | Where any act under paragraph (1) 1 through 3 is deemed inappropriate, the Administrator of the Cultural Heritage Administration may order the relevant person to take corrective or necessary measures. |
| Article 74 (Provisions to Be Applied Mutatis Mutandis) |
| (1) | Article 39 (1) through (5) shall apply mutatis mutandis to exportation and taking-out of City/Do-designated cultural heritage, cultural heritage resources, or City/Do-registered cultural heritage. |
| (2) | Articles 31 (1) and (4), 32 through 34, 35 (1), 36, 37, 40, 42 through 45, 48, 49 and 81 shall apply mutatis mutandis to the revocation of City/Do-designated cultural heritage and cultural heritage resources and management thereof. In such cases, "Administrator of the Cultural Heritage Administration" shall be construed as "Mayor/ Do Governor," "Presidential Decree" as "ordinance of the competent City/ Do ," and "State" as "local government." |
| (3) | Articles 33 , 34 (2) through (7), 37, and 43 through 45, Article 46 (1) 3 and (2), and Articles 49 , 53 through 58, and 81 shall apply mutatis mutandis to the registration, cancellation or management of City/ Do registered cultural heritage. In such cases, "Administrator of the Cultural Heritage Administration" shall be construed as "Mayor/ Do Governor"; "Presidential Decree" or "Ordinance of the Ministry of Culture, Sports and Tourism" as "City/ Do ordinance", "State" as "local government", "State-designated cultural heritage" as ", respectively; Organizations shall be construed as "City/ Do management organizations of registered cultural heritage," and "Cultural Heritage Committee" as "City/ Do cultural heritage committee," respectively. |
CHAPTER X CULTURAL HERITAGE TRADE BUSINESS
| Article 75 (Permission of Trade and other Business Activities) |
| (1) | A person who intends to engage in business of trading or exchanging tangible cultural heritage or tangible folklore resources (including any person who engages in such business on commission) which are categorized into movable property shall obtain permission for cultural heritage trade business from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu , as prescribed by Presidential Decree. |
| (2) | A person who has obtained permission under paragraph (1) (hereinafter referred to as "cultural heritage dealer") shall report the current status on the preservation of cultural heritage and the current state of their trade or exchange to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu , as prescribed by Presidential Decree. |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu in receipt of a report under paragraph (2) shall notify the Administrator of the Cultural Heritage Administration of matters so reported on a regular basis, as prescribed by Presidential Decree. |
| (4) | When any of the following information is changed, the person who has obtained permission pursuant to paragraph (1) shall file a report on the change with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu , as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: |
| 1. | Change of the trade name; |
| 2. | Change of the address of business place. |
| 3. | Change of corporation representative; |
| 4. | Change of the executive officers of a corporation which has obtained permission for cultural heritage trade business in accordance with the qualification requirements prescribed in Article 76 (1) 5. |
| Article 75-2 (Succession to Business) |
| (1) | Where a person who has obtained permission for cultural heritage trade business under Article 75 transfers the business to another person or a corporation merges with another corporation, the person who takes over the cultural heritage trade business, or a corporation surviving the merger or being established following the merger shall be succeeded to the status of a cultural heritage dealer. |
| (2) | A person who succeeds to the status of a cultural heritage trader pursuant to paragraph (1) shall report to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si / Gun / Gu , as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (3) | With regard to reporting under paragraph (2), the requirements for qualifications under Article 76 (1) and the provisions on the grounds for disqualification under Article 77 shall apply mutatis mutandis . |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 76 (Qualifications) |
| (1) | Any person who intends to obtain permission for a cultural heritage trading business pursuant to Article 75 (1) shall fall under any of the following: |
| 1. | A person who has worked for the State, a local government, a museum, or an art gallery dealing with cultural heritage for at least two years; |
| 2. | A person who has earned at least a certain level of credits in the fields of history, ancient science, humanities, art science, folklore, traditional craft, or cultural heritage management (hereinafter referred to as "major courses related to cultural heritage") at a university or college of a junior college or higher (including a graduate school); |
| 3. | A person who is recognized to have earned at least a certain level of credits in subjects related to cultural heritage under Article 7 of the Act on Recognition of Credits ; |
| 4. | A person who has been employed by a cultural heritage trader and who has dealt with cultural heritage for at least three years; |
| 5. | A corporation established pursuant to the Commercial Act for the purpose of distribution and transaction of products of high arts, etc., which has at least one representative or executive officer satisfying any of the requirements set forth in subparagraphs 1 through 4. |
| (2) | Necessary matters relating to the scope of museums and art galleries, certain credits, etc. under paragraph (1) and other relevant matters shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 77 (Grounds for Disqualification) |
Any of the following persons shall be disqualified as a cultural heritage dealer:
| 2. | A person in whose case three years have not passed since his or her imprisonment without labor or heavier punishment declared by a court for violating this Act, or Article 347 or 362 of the Criminal Act was completely executed or exempted; |
| 3. | A person in whose case three years have not passed since his or her permission was revoked pursuant to Article 80 . |
| Article 77-2 (Prohibition on Lending Name) |
A cultural heritage trader shall not let another person engage in the trade of cultural heritage using his or her name or trade name, or lend its permit to another person.
[This Article Newly Inserted on Nov. 26, 2019]
| Article 78 (Matters to be Observed) |
| (1) | Each cultural heritage dealer shall prepare account books on trade, exchange, etc., as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, to keep records on details of transactions, and shall photograph and attach the photographs of actual objects so that the relevant cultural heritage can be verified. |
| (2) | Each cultural heritage dealer shall annually obtain a sealed approval of the account books on trade, exchange, etc. under paragraph (1), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. This shall also apply where a cultural heritage dealer closes his or her cultural heritage trade business. |
| Article 79 (Duty to Report Closure of Business) |
Where a person who has obtained permission under Article 75 (1) closes his or her cultural heritage trade business, he or she shall submit a report on the closure of business to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu within three months, as determined by Ordinance of the Ministry of Culture, Sports and Tourism.
| Article 80 (Revocation of Permission) |
| (1) | Where a cultural heritage dealer falls under any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si / Gun / Gu shall revoke his or her permission or order the dealer to fully or partially suspend his or her business within a specified period of up to one year: Provided , That where a cultural heritage trader falls under subparagraphs 1 through 3, such permit shall be revoked: |
| 1. | Where the person has obtained the permission by fraud or other improper means; |
| 2. | Where he or she is sentenced to a fine or greater punishment, in violation of Articles 90 and 92 of this Act and Article 31 of the Act on Protection and Inspection of Buried Cultural Heritage ; |
| 3. | Where the ballast water disposal services provider continues business during a period of business suspension; |
| 4. | Where a corporation which has obtained permit for cultural heritage trade business in accordance with the qualification requirements prescribed in Article 76 (1) 5 loses the relevant qualification requirements; Provided , That this shall not apply where the relevant corporation appoints a person meeting requirements for qualification as its representative or executive officer within three months; |
| 5. | Where a person violates the prohibited matters such as name lending under Article 77-2 ; |
| 6. | Where he or she violates matters to be observed pursuant to Article 78 . |
| (2) | Detailed standards for administrative disposition under paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 80-2 (Succession to Effects of Administrative Sanctions) |
Where a cultural heritage trader transfers the trading business or a corporation merges with another corporation and the trade violates Articles 75 (2), (4), 75-2 (2), or 78, or falls within Article 80 (1) 1 through 3, the effect of administrative sanctions against the former cultural heritage trader will be succeeded to the person who has taken over the business or acquired it for one year from the end of the disposition period or to a corporation that survives the merger for one year from the end of the disposition period, and if the administrative sanctions procedure is in progress, the administrative sanctions procedure may be continued on the person who has taken over the business or the corporation surviving after the merger: Provided , That the same shall not apply in cases where the person who has taken over or corporation surviving a merger proves that he, she, or it has been unaware of such sanction or violation at the time of the taking over or merger.
[This Article Newly Inserted on Nov. 26, 2019]
CHAPTER X-2 INTERPREVENTION MANAGEMENT OF CULTURAL HERITAGE
| Article 80-3 (Cultural Heritage Care Programs) |
