CULTURAL HERITAGE PROTECTION ACT
Act No. 13249, Mar. 27, 2015
CHAPTER I GENERAL PROVISIONS
Article 1 (Purposes) |
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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.
Article 2 (Definitions) |
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(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: <Amended by Act No. 13249, Mar. 27, 2015> |
1. | Tangible cultural heritage: Tangible cultural works of outstanding historic, artistic, or academic value, such as buildings, records, 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 "designated cultural heritage" in this Act means any of the following: <Amended by Act No. 12352, Jan. 28, 2014> |
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, Metropolitan Autonomous 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. |
(3) | The term "registered cultural heritage" in this Act means cultural heritage registered by the Administrator of the Cultural Heritage Administration pursuant to Article 53, other than designated cultural heritage. |
(4) | 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. |
(5) | The term "protective facility" in this Act means any building or facility designated to protect cultural heritage. |
(6) | 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. |
(7) | 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. |
(8) | The term "cultural heritage overseas" means any cultural heritage taken out of the Republic of Korea, and currently located outside the territory of the Republic of Korea. |
Article 3 (Basic Principle of Protection of Cultural Heritage) |
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The basic principle for the preservation, management, and utilization of cultural heritage is to preserve them in their original state.
Article 4 (Duties of State, Local Governments, etc.) |
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(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 with other Acts) |
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(1) | Unless otherwise provided 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. <Amended by Act No. 13249, Mar. 27, 2015> |
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF PROTECTION POLICIES FOR CULTURAL HERITAGE
Article 6 (Formulation of Master Plans for Cultural Heritage) |
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(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 for the preservation, management and utilization of cultural heritage: <Amended by Act No. 11228, Jan. 26, 2012; Act No. 13249, Mar. 27, 2015> |
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 concerning the repair, maintenance and restoration of cultural heritage; |
4. | Matters concerning the protection of the historic and cultural environment of cultural heritage; |
5. | Matters concerning the safety management of cultural heritage; |
6. | Matters concerning the informatization of cultural heritage data; |
7. | Matters concerning raising resources to finance preservation of cultural heritage; |
7-2. | Matters concerning the recovery and utilization of cultural heritage overseas; |
7-3. | Matters concerning cultural heritage exchange and cooperation between North and South Korea; |
8. | Other necessary matters for the preservation, management and utilization of 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 7 (Establishment of Implementation Plans for Preservation of Cultural Heritage) |
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(1) | The Administrator of the Cultural Heritage Administration and a Mayor/Do Governor shall establish and implement an annual implementation plan concerning the master plan for cultural heritage. |
(2) | Where a Mayor/Do Governor has established an annual implementation plan or has completed implementing it pursuant to paragraph (1), he or she shall present the results thereof to the Administrator of the Cultural Heritage Administration. |
(3) | Where the Administrator of the Cultural Heritage Administration and a Mayor/Do Governor has established an annual implementation plan, they shall publicly announce it. |
(4) | Those liable to present annual implementation plans and results of their implementation, timing and procedures for presentation under paragraph (2), and methods for public announcements under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree. |
Article 8 (Establishment of Cultural Heritage Committee) |
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(1) | A Cultural Heritage Committee shall be established under the Cultural Heritage Administration to investigate and deliberate on the following matters concerning the preservation, management, and utilization of cultural heritage: |
1. | Matters concerning master plans for cultural heritage; |
2. | Matters concerning the designation of State-designated cultural heritage and the revocation thereof; |
3. | Matters concerning the designation of protective facilities or protection zones for any State-designated cultural heritage and the revocation thereof; |
4. | Deleted; <by Act No. 13249, Mar. 27, 2015> |
5. | Matters concerning the alteration of the current state of any State-designated cultural heritage; |
6. | Matters concerning the taking of any State-designated cultural heritage out of the Republic of Korea; |
7. | Matters concerning the protection of a historic and cultural environment for State-designated cultural heritage; |
8. | Matters concerning the registration of cultural heritage and the cancellation thereof; |
9. | Matters concerning the excavation and evaluation of buried cultural heritage; |
10. | Matters deemed important which are professional or technical matters concerning 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 ten 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). |
(4) | Any subcommittee under paragraph (3) may hold a meeting with another subcommittee (hereinafter referred to as "joint subcommittee") where necessary for investigation, deliberation, etc. |
(5) | 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. | The date and time, and venue of a meeting; |
2. | Members present at a meeting; |
3. | Details of deliberation and resolution. |
(6) | Meeting minutes prepared under paragraph (5) 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. |
(7) | Necessary matters concerning the organization, division of duties, operation, etc. of the Cultural Heritage Committee, subcommittees, and joint subcommittees shall be prescribed by Presidential Decree. |
(8) | 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. <Newly Inserted by Act No. 10829, Jul. 14, 2011> |
(9) | 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. <Newly Inserted by Act No. 10829, Jul. 14, 2011> |
Article 9 (Establishment of Korea Cultural Heritage Foundation) |
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(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. <Amended by Act No. 12692, May 28, 2014> |
(2) | The Foundation shall be a juristic person. <Amended by Act No. 12692, May 28, 2014> |
(3) | The Foundation shall carry out the following affairs to accomplish the purposes of the Foundation: <Newly Inserted by Act No. 12692, May 28, 2014> |
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 to 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. | Business entrusted from 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. <Amended by Act No. 12692, May 28, 2014> |
(5) | Except as otherwise provided in this Act, provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to the Foundation. <Amended by Act No. 12692, May 28, 2014> |
(6) | Expenses incurred in the operation of the Foundation may be subsidized by the National Treasury. <Amended by Act No. 12692, May 28, 2014> |
(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. <Amended by Act No. 12692, May 28, 2014> |
CHAPTER III CREATING FOUNDATION FOR PROTECTION OF CULTURAL HERITAGE
Article 10 (Basic Investigation of Cultural Heritage) |
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(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 concerning detailed procedures, methods, etc. for investigations of cultural heritage shall be prescribed by Presidential Decree. |
Article 11 (Facilitating Informatization of Cultural Heritage) |
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(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 to present necessary data in order to establish the information system on cultural heritage under paragraph (1). |
(3) | 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) |
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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) |
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(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 the same shall apply in this Article). |
(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) 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. <Amended by Act No. 12352, Jan. 28, 2014> |
(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 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 announced. |
(5) | When intending to determine detailed standards for the acts under paragraph (4), 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. <Newly Inserted by Act No. 12352, Jan. 28, 2014> |
(6) | Examination under paragraph (2) may be exempted for construction works implemented in an area for which detailed standards for an act under paragraph (4) are publicly announced within the extent of such standards. |
(7) | Detailed matters necessary for procedures for submitting the data or opinion under paragraph (5), etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted by Act No. 12352, Jan. 28, 2014> |
Article 14 (Prevention of Fire, Disasters, etc.) |
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(1) | The Administrator of the Cultural Heritage Administration or a Mayor/Do Governor shall formulate and implement necessary measures for the prevention of fire and disasters upon and theft of designated cultural heritage. |
(2) | The Administrator of the Cultural Heritage Administration and a Mayor/Do Governor shall develop fire preparedness guidelines (hereinafter referred to as "guidelines") based on the characteristics of each cultural heritage, and take measures in order for the owners, custodians or management organizations of designated cultural heritage to use the guidelines. |
(3) | The guidelines shall be regularly examined and supplemented at least once a year, and matters to be addressed for fire preparedness, and the scope of cultural heritage for which the guidelines shall be developed shall be prescribed by Presidential Decree. |
(4) | The owner, custodian and management organization of each designated cultural heritage shall install fire-fighting systems and disaster-prevention systems according to standards stipulated under the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act to prevent and suppress fire on the designated cultural heritage, and endeavor to install anti-theft devices according to standards determined by Ordinance of the Ministry of Culture, Sports and Tourism in order to prevent any theft of the designated cultural heritage. <Amended by Act No. 11037, Aug. 4, 2011> |
(5) | The owner, custodian and management organization of any of the following facilities or areas shall designate the entire facility or area at issue as a non-smoking area or establish smoking and non-smoking areas for such facility or area, and shall install a sign indicating that it is a smoking or non-smoking area: <Amended by Act No. 11228, Jan. 26, 2012> |
1. | A wooden building among designated cultural heritage (excluding any building for residence); |
2. | A wooden building constructed in a protection zone (excluding any building for residence); |
3. | Other facility or area of the designated cultural heritage (including any protective facility, protection zone, and storage facility) acknowledged as running the risk of fire and determined by Ordinance of the Ministry of Culture, Sports and Tourism or by ordinance of the competent City/Do. |
(6) | Signs indicating smoking or non-smoking areas under paragraph (5), the standards for facilities for smoking areas, methods for installing them, and other relevant matters shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism or by ordinance of the competent City/Do. <Newly Inserted by Act No. 11228, Jan. 26, 2012> |
(7) | No person shall be allowed to smoke in a non-smoking area designated under paragraph (5). <Newly Inserted by Act No. 11228, Jan. 26, 2012> |
(8) | The State or local governments may, within budgetary limits, fully or partially subsidize expenses incurred by a person who establishes, maintains, or manages any of the following facilities: <Newly Inserted by Act No. 11228, Jan. 26, 2012> |
1. | Fire-fighting systems, disaster-prevention systems, or anti-theft devices set forth in paragraph (4); |
2. | Signs indicating smoking or non-smoking areas and establishing facilities for smoking areas under paragraph (5). |
Article 15 (Support, etc. for Cultural Heritage Protection Activities) |
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The Administrator of the Cultural Heritage Administration may support or foster related organizations where deemed necessary for the protection, preservation, distribution or enhancement of cultural heritage.
Article 16 (Training of Cultural Heritage Experts) |
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(1) | The Administrator of the Cultural Heritage Administration may train 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 training 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 concerning 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 (Facilitating, etc. Cooperation for International Exchange of Cultural Heritage) |
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(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 17-2 Deleted. <by Act No. 13249, Mar. 27, 2015> |
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Article 18 (Cooperation for Exchange of Cultural Heritage between North and South Korea) |
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(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, etc.) |
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(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. <Amended by Act No. 10562, Apr. 6, 2011> |
(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 referred to as "World Heritage Site, etc." in this Article), but also cultural heritage of humanity, and to enhance the prestige of cultural heritage around the world. <Amended by Act No. 10562, Apr. 6, 2011> |
(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) |
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(1) | Cultural heritage designated and protected by statutes 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 as soon as 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 Emergencies) |
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(1) | Where deemed necessary for the protection of cultural heritage at a time of war, upheaval, or any emergency equivalent thereto breaks out, 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, upheaval, or any emergency equivalent thereto breaks out, 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 force majeure cases, such as collateral damage in war. |
Article 22 (Requests for Support) |
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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).
CHAPTER IV STATE-DESIGNATED CULTURAL HERITAGE
SECTION 1 Designation
Article 23 (Designation of Treasures and National Treasures) |
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(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 concerning 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) |
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(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 Preservation and Promotion of Intangible Cultural Heritage. <Amended by Act No. 13249, Mar. 27, 2015> |
(2) | through (5) Deleted. <by Act No. 13249, Mar. 27, 2015> |
Article 25 (Designation of Historic Sites, Scenic Spots and Natural Monuments) |
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(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 concerning standards, procedures, etc. for the designation of historic sites, scenic areas and natural monuments shall be prescribed by Presidential Decree. |
Article 26 (Designation of Important Folklore Resources) |
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(1) | The Administrator of the Cultural Heritage Administration may designate more valuable folklore resources as important folklore resources, following deliberation by the Cultural Heritage Committee. |
(2) | Necessary matters concerning standards, procedures, etc. for the designation of important folklore resources shall be prescribed by Presidential Decree. |
Article 27 (Designation of Protective Facilities or Protection Zones) |
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(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 concerning 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 Announcement and Notice of Designation) |
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(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 announce the purport thereof in the Official Gazette, and shall, without delay, notify the designation to the owner of the relevant cultural heritage. <Amended by Act No. 13249, Mar. 27, 2015> |
(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. |
Article 29 (Issuance of Letters of Designation) |
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(1) | Where the Administrator of the Cultural Heritage Administration designates cultural heritage as a national treasure, treasure, or important 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. |
(2) | Deleted. <by Act No. 13249, Mar. 27, 2015> |
Article 30 (Effective Time of Designation) |
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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. <Amended by Act No. 13249, Mar. 27, 2015>
Article 31 (Revocation of Designation) |
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(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. |
(2) | and (3) Deleted. <by Act No. 13249, Mar. 27, 2015> |
(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 announcement and notice concerning the revocation of the designation of cultural heritage under paragraphs (1) and (4), and the time such revocation becomes effective. <Amended by Act No. 13249, Mar. 27, 2015> |
(6) | Where the owner of a national treasure, treasure, or important 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. |
(7) | Deleted. <by Act No. 13249, Mar. 27, 2015> |
Article 32 (Provisional Designation) |
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(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 announcement in the Official Gazette under Article 28 (1) is not required for such case. |
SECTION 2 Management and Protection
Article 33 (Management Principles for Owners) |
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(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) |
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(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 Metropolitan Autonomous 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 Sis/Guns/Gus, the competent Special Metropolitan City, Metropolitan City, or Do (excluding a Metropolitan Autonomous City and a Special Self-Governing Province) shall be the management organization of such cultural heritage. <Amended by Act No. 12352, Jan. 28, 2014> |
(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, publish 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). <Amended by Act No. 12352, Jan. 28, 2014> |
(6) | Expenses incurred in managing State-designated cultural heritage by a management organization shall be borne by the management organization, unless otherwise specifically provided in this Act, but the State or the competent local government may subsidize the expenses 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) |
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(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 by Act No. 12352, Jan. 28, 2014]
Article 35 (Matters Subject to Permission) |
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(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 the same shall apply in this Article) 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 Metropolitan Autonomous 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: <Amended by Act No. 12352, Jan. 28, 2014; Act No. 13249, Mar. 27, 2015> |
1. | Acts prescribed by Presidential Decree which alter (including making a specimen of or stuffing a natural monument) the current state of State-designated cultural heritage (including its protective facilities and protection zone, and dead natural monuments); |
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, a photoprint, or a photograph of State-designated cultural heritage 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 Metropolitan Autonomous 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. <Amended by Act No. 12352, Jan. 28, 2014> |
(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 concerning activities which could affect the preservation of State-designated cultural heritage under paragraph (1) 2. <Amended by Act No. 12352, Jan. 28, 2014> |
Article 36 (Requirements for Permission) |
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(1) | The Administrator of the Cultural Heritage Administration, the Metropolitan Autonomous 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: <Amended by Act No. 12352, Jan. 28, 2014> |
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. | Where such act is in compliance with the master plan for cultural heritage and the annual implementation plan under Article 7. |
(2) | Where necessary for permission under paragraph (1), the Administrator of the Cultural Heritage Administration, the Metropolitan Autonomous 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. <Newly Inserted by Act No. 12352, Jan. 28, 2014> |
Article 37 (Revocation of Permitted Matters) |
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(1) | Where a person who obtains permission under the main sentence of Article 35 (1), Article 35 (3), the proviso to Article 39 (1), or Article 39 (2) falls under any of the following cases, the Administrator of the Cultural Heritage Administration may revoke such permission: <Amended by Act No. 12352, Jan. 28, 2014> |
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 Metropolitan Autonomous 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 to Article 35 (1) falls under any subparagraph of paragraph (1). <Newly Inserted by Act No. 12352, Jan. 28, 2014> |
(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, etc. of Animals Designated as Natural Monument) |
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(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 Metropolitan Autonomous 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). <Amended by Act No. 12352, Jan. 28, 2014> |
(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 obtains designation 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 paragraph (2), he or she shall report thereon to the Administrator of the Cultural Heritage Administration. |
Article 39 (Prohibition of Exportation, etc.) |
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(1) | No national treasure, treasure, natural monument, or important folklore resource shall be exported or taken out of 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 taken out of 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 taken out. |
(2) | Where a person who has obtained permission for taking-out pursuant to the proviso to 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 taking-out and for safety, etc. of cultural heritage. |
(3) | 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. |
Article 40 (Matters Subject to Reporting) |
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(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 the same shall apply in this Article) 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 to Article 35 (1) and commences or completes the conduct, he or she shall report the same to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: <Amended by Act No. 12352, Jan. 28, 2014; Act No. 13249, Mar. 27, 2015> |
1. | Where a 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 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. |
(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. <Newly Inserted by Act No. 12352, Jan. 28, 2014> |
(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 to Article 35 (1) and commences or completes the conduct, he or she shall report the same to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended by Act No. 12352, Jan. 28, 2014> |
Article 41 Deleted. <by Act No. 13249, Mar. 27, 2015> |
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Article 42 (Administrative Orders) |
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(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 the same shall apply in this Article), he or she may order to take any of the following measures: <Amended by Act No. 13249, Mar. 27, 2015> |
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. <Amended by Act No. 13249, Mar. 27, 2015> |
(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) |
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(1) | The Administrator of the Cultural Heritage Administration, and the competent Metropolitan Autonomous 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. <Amended by Act No. 12352, Jan. 28, 2014> |
(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) |
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(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. <Amended by Act No. 13249, Mar. 27, 2015> |
(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. <Amended by Act No. 13249, Mar. 27, 2015> |
(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. <Amended by Act No. 13249, Mar. 27, 2015> |
(5) | Public officials who conduct an investigation pursuant to paragraph (4) shall carry certificates indicating their authority and produce them to related 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; |
3. | Deleted; <by Act No. 13249, Mar. 27, 2015> |
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) |
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(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. <Amended by Act No. 13249, Mar. 27, 2015> |
(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 Loss) |
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The State shall compensate for any loss incurred by any of the following persons:
1. | A person who sustains any loss by fulfilling 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)). |
Article 47 (Application Mutatis Mutandis of Matters to be Permitted to Provisionally Designated Cultural Heritage) |
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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. <Amended by Act No. 12352, Jan. 28, 2014>
SECTION 3 Public Disclosure and Admission Fees
Article 48 (Public Disclosure, etc. of State-Designated Cultural Heritage) |
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(1) | State-designated cultural heritage (excluding national intangible cultural heritage; hereafter the same shall apply in this Article) shall be publicly disclosed unless any extenuating circumstance exists, except where public disclosure of cultural heritage is restricted pursuant to paragraph (2). <Amended by Act No. 13249, Mar. 27, 2015> |
(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. |
Article 49 (Collection, Deduction and Exemption of Admission Fees) |
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(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. <Amended by Act No. 13249, Mar. 27, 2015> |
(2) | Admission fees under paragraph (1) shall be determined by the owner or management organization of the relevant State-designated cultural heritage. <Amended by Act No. 13249, Mar. 27, 2015> |
(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. <Newly Inserted by Act No. 12352, Jan. 28, 2014> |
Article 50 Deleted. <by Act No. 13249, Mar. 27, 2015> |
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SECTION 4 Subsidies and Subsidization of Expenses
Article 51 (Subsidies) |
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(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; |
4. | Deleted. <by Act No. 13249, Mar. 27, 2015> |
(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. <Amended by Act No. 13249, Mar. 27, 2015> |
Article 52 (Expenses Borne by Local Governments) |
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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 V REGISTERED CULTURAL HERITAGE
Article 53 (Registration of Cultural Heritage) |
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(1) | The Administrator of the Cultural Heritage Administration may register certain cultural heritage for which measures for preservation and utilization are specifically required, among those other than designated cultural heritage, following deliberation by the Cultural Heritage Committee. |
(2) | Necessary matters concerning standards and procedures for registration of registered cultural heritage and matters to be registered, and other relevant matters shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
Article 54 (Management of Registered Cultural Heritage) |
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(1) | A person who manages registered cultural heritage, including the owner, and custodian of the registered cultural heritage, shall endeavor to preserve the original form of the registered cultural heritage. |
(2) | Where the identity of an owner of registered cultural heritage is unknown or its owner or custodian is unable to manage the registered cultural heritage, the Administrator of the Cultural Heritage Administration may designate a person to manage the registered cultural heritage, from among the competent local government and corporations or organizations competent to manage the registered cultural heritage and entrust it to manage the cultural heritage. |
(3) | Any owner or custodian of registered cultural heritage or a person designated pursuant to paragraph (2) (hereinafter referred to as "management organization of 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 registered cultural heritage, as determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
Article 55 (Matters to be Reported concerning Registered Cultural Heritage) |
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Where any of the following cases occurs in connection with 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: <Amended by Act No. 12352, Jan. 28, 2014>
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 to Article 39 (1) which is applied mutatis mutandis under Article 59 (2) is taken out of the Republic of Korea and then returned. |
Article 56 (Alteration of Current State of Registered Cultural Heritage) |
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(1) | A person who intends to perform any of the following acts in connection with registered cultural heritage, he or she shall report thereon to the competent Metropolitan Autonomous 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: <Amended by Act No. 12352, Jan. 28, 2014> |
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 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. | 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. | 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. | Registered cultural heritage the owner of which is the State or a local government. |
(3) | The Metropolitan Autonomous 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 Metropolitan Autonomous City Mayor and the Special Self-Governing Province Governor). <Amended by Act No. 12352, Jan. 28, 2014> |
(4) | Where necessary for the protection of 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 registered cultural heritage reported under paragraph (1). |
Article 57 (Special Cases concerning Building-to-Land Ratio and Floor Space Ratio of Registered Cultural Heritage) |
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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 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.
Article 58 (Cancellation of Registration) |
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(1) | Where 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 registered cultural heritage is designated as designated cultural heritage, the registration thereof becomes invalid. |
(3) | Where the owner of 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 to be Applied Mutatis Mutandis) |
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(1) | Articles 28 through 30 shall apply mutatis mutandis to the public announcement and notice of registration of 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 "registered cultural heritage," "designation" as "registration," and "letter of designation" as "registration certificate." |
(2) | Articles 33, 34 (2) through (7), 37, 39, 43, 45, 49, 51 (1) 1 and 3, 51 (2) and (3), 52, and 81 shall apply mutatis mutandis to management principles for owners of registered cultural heritage, the management by management organizations of registered cultural heritage, the cancellation of registration of registered cultural heritage, prohibition of exportation, etc. of registered cultural heritage, the preparation and preservation of records on registered cultural heritage, ex officioinvestigations on the current state, etc. of registered cultural heritage, collection of admission fees of 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 "registered cultural heritage," and "management organization" as "management organization of registered cultural heritage." <Amended by Act No. 12352, Jan. 28, 2014> |
CHAPTER VI ORDINARY MOVABLE CULTURAL HERITAGE
Article 60 (Prohibition of Exportation, etc. of Ordinary Movable Cultural Heritage) |
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(1) | Article 39 (1) and (2) 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 ten 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 to paragraph (1) falls under any subparagraph of Article 37 (1), the Administrator of the Cultural Heritage Administration may revoke such permission. |
(3) | Necessary matters concerning 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 to 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. |
(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 concerning the scope of ordinary movable cultural heritage and the verification, etc. thereof under paragraph (1) and paragraph (5) shall be prescribed by Presidential Decree. |
Article 60-2 (Assignment, etc. of Cultural Heritage Appraiser) |
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(1) | To carry out the affairs concerning 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 7 of Article 2 of the Aviation 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 by Act No. 13249, Mar. 27, 2015]
Article 61 (Investigation on Ordinary Movable Cultural Heritage) |
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(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) |
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(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 Strategy and Finance. |
(2) | Where the Administrator of the Cultural Heritage Administration designates a management authority pursuant to the proviso to 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 to 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) |
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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) |
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(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 to 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 to Article 62 (1), "owner of cultural heritage" refers to the management authority of cultural heritage. |
Article 65 (Restriction on Dispositions) |
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Where a management authority under the proviso to 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) |
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Unless otherwise specifically provided 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 CULTURAL HERITAGE OVERSEAS
Article 67 (Protection of Cultural Heritage Overseas) |
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The State shall endeavor to protect, recover, and utilize cultural heritage overseas, and secure an organization and a budget necessary therefor.
Article 68 (Investigations and Research of Cultural Heritage Overseas) |
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(1) | The Administrator of the Cultural Heritage Administration may conduct investigations and research on the current state of 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 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 Activities for Protecting and Recovering Cultural Heritage Overseas) |
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The Administrator of the Cultural Heritage Administration may support or foster related agencies or organizations where necessary for the protection and recovery of cultural heritage overseas.
Article 69-2 (Establishment of Advisory Committee on Recovery and Utilization of Cultural Heritage Overseas) | |
(1) | In order to provide the Administrator of the Cultural Heritage Administration with advice on policy for the recovery and utilization of cultural heritage overseas, an Advisory Committee on Recovery and Utilization of Cultural Heritage Overseas (hereinafter referred to as the “Advisory Committee”) shall be established under the Cultural Heritage Administration. |
(2) | The Advisory Committee shall advise on the following: |
1. | Formulation of a master plan for the recovery and utilization of cultural heritage overseas; |
2. | Major policies on the recovery and utilization of cultural heritage overseas; |
3. | Other matters submitted by the Administrator of the Cultural Heritage Administration for deliberation. |
(3) | Matters concerning the operation of the Advisory Committee, qualifications for advisory members, and other necessary matters shall be prescribed by Presidential Committee. |
[This Article Newly Inserted by Act No. 11228, Jan. 26, 2012]
Article 69-3 (Establishment of Cultural Heritage Overseas Foundation) |
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(1) | In order to conduct an investigation and research on the current status of cultural heritage overseas and the details of their removal from the Republic of Korea, carry out research on various strategies and policies on the recovery and utilization of cultural heritage overseas, and to engage in other projects regarding cultural heritage overseas in a comprehensive and systematic manner, a Cultural Heritage Overseas 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 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 current status of cultural heritage overseas and the details of their removal from the country, etc.; |
2. | Research on the recovery, protection, and utilization of cultural heritage overseas; |
3. | Acquisition, preservation, and management of cultural heritage overseas; |
4. | Provision of support to organizations related to the recovery and utilization of cultural heritage overseas, and increasing exchange and international alliance therewith; |
5. | Publicity, education, and publication and dissemination activities in regards to the recovery and utilization of cultural heritage overseas; |
6. | Support for operating Korean galleries at overseas museums; |
7. | Dispatch, education and training of curators in charge of Korean art collections; |
8. | Support for preservation of 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 recovery and utilization of cultural heritage overseas to submit data necessary to undertake its projects, via the Administrator of the Cultural Heritage Administration. |
[This Article Newly Inserted by Act No. 11228, Jan. 26, 2012]
CHAPTER IX CITY/DO-DESIGNATED CULTURAL HERITAGE
Article 70 (Designation, etc. of City/Do-Designated Cultural Heritage) |
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(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. <Amended by Act No. 13249, Mar. 27, 2015> |
(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) | 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. In such cases, a Mayor/Do Governor shall take procedures for designating cultural heritage and report the results thereof to the Administrator of the Cultural Heritage Administration unless extenuating circumstances exist. |
(4) | Where City/Do-designated cultural heritage or cultural heritage resources are designated pursuant to paragraphs (1) through (3), the name of the competent Special Metropolitan City, Metropolitan City, Metropolitan Autonomous 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, Metropolitan Autonomous City, Do, or Special Self-Governing Province. <Amended by Act No. 12352, Jan. 28, 2014> |
(5) | Necessary matters concerning procedures for designating City/Do-designated cultural heritage or cultural heritage resources and revoking such designation, their management, protection and development, and disclosure thereof shall be prescribed by ordinance of the relevant local government. |
(6) | Deleted. <by Act No. 13249, Mar. 27, 2015> |
Article 71 (Establishment of City/Do Cultural Heritage Committees) |
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(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 concerning the preservation, management, and utilization of cultural heritage under the jurisdiction of the relevant Mayor/Do Governor. |
(2) | Matters concerning 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 concerning investigations of and deliberation on the preservation, management, and utilization of cultural heritage; |
2. | Matters concerning the commissioning or dismissal of committee members; |
3. | Matters concerning the establishment and operation of subcommittees; |
4. | Matters concerning the commissioning and use 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) or to revoke such designation, he or she shall undergo prior deliberation thereon by the relevant City/Do cultural heritage committee. |
Article 72 (Bearing of Expenses) |
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(1) | Where City/Do-designated cultural heritage or cultural heritage resources designated pursuant to Article 70 (1) or (2) are State-owned or public property, expenses incurred in the preservation thereof shall be borne by the State or the competent 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 or cultural heritage resources which are not State-owned or public property. <Amended by Act No. 13249, Mar. 27, 2015> |
Article 73 (Reporting, etc.) |
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(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 he or she changes the place where City/Do-designated cultural heritage or cultural heritage resource is located or kept; |
3. | Where City/Do-designated cultural heritage or cultural heritage resource has been completely or partially destroyed, washed away, stolen, or damaged. |
(2) | Where any act under paragraph (1) 1 or 2 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) |
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(1) | Article 39 (1) and (2) shall apply mutatis mutandis to exportation and taking-out of City/Do-designated cultural heritage and cultural heritage resources. |
(2) | Articles 27, 31 (1) and (4), 32 through 34, 35 (1), 36, 37, 40, 42 through 45, 48 and 49 shall apply mutatis mutandis to the designation of City/Do-designated cultural heritage and cultural heritage resources, the revocation of such designation, 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." <Amended by Act No. 13249, Mar. 27, 2015> |
CHAPTER X CULTURAL HERITAGE TRADE BUSINESS, ETC.
Article 75 (Permission of Trade and other Business Activities) |
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(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 Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 12352, Jan. 28, 2014> |
(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 Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 12352, Jan. 28, 2014> |
(3) | The Metropolitan Autonomous 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. <Amended by Act No. 12352, Jan. 28, 2014> |
Article 76 (Qualification) |
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(1) | A person who intends to obtain permission for cultural heritage trade business pursuant to Article 75 (1) shall fall under any of the following subparagraphs: |
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 majored in an academic field such as history, archaeology, anthropology, art history, folklore, bibliography, traditional craft or management of cultural heritage at a junior college or higher university (including graduate schools) for at least one year; |
3. | A person who has been employed by a cultural heritage dealer and who has dealt with cultural heritage for at least three years. |
(2) | Necessary matters concerning the scope of museums and art galleries and majors 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) |
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A person falling under any of the following subparagraphs shall be disqualified as a cultural heritage dealer:
1. | A person declared incompetent or quasi-incompetent; |
2. | A person in whose case three years have not passed since a sentence of imprisonment without labor or greater punishment imposed upon him or her, in violation of this Act, or Article 347 or 362 of the Criminal Act was completely executed or discharged; |
3. | A person in whose case three years have not passed since his or her permission was revoked pursuant to Article 80. |
Article 78 (Matters to be Observed) |
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(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. <Newly Inserted by Act No. 12352, Jan. 28, 2014> |
Article 79 (Duty to Report Closure of Business) |
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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 Metropolitan Autonomous 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. <Amended by Act No. 12352, Jan. 28, 2014>
Article 80 (Revocation, etc. of Permission) |
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(1) | Where a cultural heritage dealer falls under any of the following cases, the Metropolitan Autonomous 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 dealer falls under subparagraphs 1 through 3, such permission shall be revoked: <Amended by Act No. 12352, Jan. 28, 2014> |
1. | Where he or she obtains 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 he or she continues business during the period of business suspension; |
4. | 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. |
CHAPTER XI SUPPLEMENTARY PROVISIONS
Article 81 (Succession to Rights and Obligations) |
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(1) | Where the owner of State-designated cultural heritage (including its protective facilities and protection zone, and provisionally designated cultural heritage) changes, the new owner shall succeed to the rights and obligations of the former owner under this Act or an order, instruction, or any other disposition issued or made by the Administrator of the Cultural Heritage Administration pursuant to this Act. |
(2) | Paragraph (1) shall apply mutatis mutandis to a management organization and an owner, where a management organization is designated pursuant to Article 34 or such designation is revoked: Provided, That this shall not apply to any right and obligation exclusive to the owner. |
Article 82 (Delegation and Entrustment of Authority) |
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The authority of the Administrator of the Cultural Heritage Administration under this Act may be partially delegated to the Mayor/Do Governor or the head of a Si/Gun/Gu, or entrusted to an agency, corporation, organization, etc, which is established for the protection, preservation, distribution, utilization, etc. of cultural heritage, as prescribed by Presidential Decree.
Article 82-2 (Prohibited Use of Similar Names) |
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No person who is not the Foundation under this Act shall use the name of Korea Cultural Heritage Foundation and other names similar thereto.
[This Article Newly Inserted by Act No. 12692, May 28, 2014]
Article 83 (Expropriation or Use of Land) |
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(1) | Where necessary for the protection and management of cultural heritage, the Administrator of the Cultural Heritage Administration or the head of a local government may expropriate or use land, buildings, trees, bamboo, or other structures within designated cultural heritage or its protection zone pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. |
(2) | Deleted. <by Act No. 12352, Jan. 28, 2014> |
Article 84 (Loan, Use, etc. of State or Public Property) |
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(1) | Notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State and a local government may permit to lend, use, benefit from, or sell State-owned property or public property by a free contract, where deemed necessary for the preservation, management and utilization of and initiation into cultural heritage. |
(2) | Details and terms and conditions of loan, use of and benefit from, or sale of State-owned property or public property under paragraph (1) shall be governed by the State Property Act and the Public Property and Commodity Management Act. |
Article 85 (Disaster Prevention Day for Cultural Heritage) |
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(1) | February 10 of each year is designated as the Disaster Prevention Day for Cultural Heritage to safely preserve cultural heritage from disasters, such as fire, and to raise Korean nationals' awareness on the safe management of cultural heritage. |
(2) | The State and a local government shall implement projects and hold events, such as safety inspections and disaster prevention drills, on cultural heritage to suit the underlying spirit of the Disaster Prevention Day for Cultural Heritage. |
(3) | Necessary matters concerning the events to be held on the Disaster Prevention Day for Cultural Heritage shall be otherwise determined by the Administrator of the Cultural Heritage Administration or the Mayor/Do Governor. |
Article 86 (Monetary Rewards) |
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(1) | The Administrator of the Cultural Heritage Administration shall pay a monetary reward, within budgetary limits, to any person who informs the investigative authority of a person who committed or attempted a crime stipulated under Articles 90 through 92 of this Act and Article 31 of the Act on Protection and Inspection of Buried Cultural Heritage when he or she has been sentenced to the suspension of indictment or his or her conviction has been final and conclusive, and any person who contributes to the arrest of such person. |
(2) | Necessary matters concerning the scope of investigation agencies, handling of information provided, and the payment of monetary rewards, including standards for payment thereof, shall be prescribed by Presidential Decree. |
Article 87 (Relationship with other Acts) |
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(1) | Where the Administrator of the Cultural Heritage Administration intends to perform any of the following acts over an area, the size of which is equal to or larger than that prescribed by Presidential Decree within a park area under the Natural Parks Act, he or she shall consult with the relevant park management authority: <Amended by Act No. 12352, Jan. 28, 2014> |
1. | Where he or she designates a certain area as a historic site, scenic area, or natural monument pursuant to Article 25; |
2. | Where he or she designates a protection zone pursuant to Article 27; |
3. | Where he or she grants permission or revised permission pursuant to the main sentence of Article 35 (1). |
(2) | If the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to grant the permission or the permission of alteration pursuant to the proviso to Article 35 (1) with respect to the area of at least a size prescribed by Presidential Decree, within a park area under the Natural Parks Act, he or she shall consult with the relevant park management authority. <Newly Inserted by Act No. 12352, Jan. 28, 2014> |
(3) | Where permission is granted pursuant to Article 35 (1) (including cases applied mutatis mutandis under Article 74 (2)), any of the following permission shall be deemed granted: |
1. | Permission for acts in a park area under Article 23 of the Natural Parks Act; |
2. | Permission to occupy for use and use an urban park, urban natural park area, or green belt under Articles 24, 27, and 38 of the Act on Urban Parks, Greenbelts, Etc. |
(4) | Where an area designated and publicly announced as State-designated or City/Do-designated cultural heritage, or its protective facilities or protection zone under Article 23, 25 through 27, or 70 (1) is in an urban area stipulated under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act, the area shall be deemed designated and publicly announced as a conservation district under Article 37 (1) 6 of the same Act. |
(5) | The provisions concerning bona fide acquisition under Article 249 of the Civil Act shall not apply to transactions, such as trade, etc. of any of the following cultural heritage: Provided, That where a transferee purchases cultural heritage in good faith through auction or from a cultural heritage dealer, etc., the victim or the person who loses such cultural heritage may pay to the transferee the price that the transferee has paid and claim the return thereof: |
1. | Cultural heritage designated by the Administrator of the Cultural Heritage Administration or a Mayor/Do Governor; |
2. | Cultural heritage publicly announced as a stolen or lost article; |
3. | Cultural heritage with an essential part thereof or record showing its source deliberately mutilated. |
(6) | Necessary matters concerning public announcement under paragraph (5) 2 shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 12352, Jan. 28, 2014> |
Article 88 (Hearings) |
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Where the Administrator of the Cultural Heritage Administration, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to take any of the following dispositions, he or she shall hold a hearing:
1. | Revocation of permission where a person who has obtained permission under Article 35 (1), 39, 56 (2), or the proviso to Article 60 (1) violates any provision or condition of permission; |
2. | Revocation of designation as an animal clinic under Article 38 (5); |
3. | Revocation of permission or suspension of business of a cultural heritage dealer under Article 80. |
Article 89 (Legal Fiction as Public Official in Application of Penal Provisions) |
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Any of the following persons shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act: <Amended by Act No. 12352, Jan. 28, 2014>
1. | A member of the Cultural Heritage Committee (including a member of City/Do cultural heritage committees under Article 71 (1)) which investigates and deliberates on matters concerning the preservation and management of cultural heritage pursuant to Article 8 (1); |
1-2. | A person who presents his or her opinion concerning review of the influence of preserving the designated cultural heritage pursuant to the latter part of Article 13 (2); |
1-3. | A person who presents his or her opinion concerning investigation of the permission of alteration of the current state pursuant to Article 36 (2); |
2. | A person who carries out business affairs on the payment of expenses for medical treatment of animals designated as natural monuments on commission pursuant to Article 38 (4); |
3. | A person who investigates cultural heritage under entrustment pursuant to Article 44 (6); |
4. | A person who engages in affairs entrusted by the Administrator of the Cultural Heritage Administration pursuant to Article 82. |
CHAPTER XII PENALTY PROVISIONS
Article 90 (Crime of Exportation, etc. without Permission) |
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(1) | A person who exports or takes abroad any designated or provisionally designated cultural heritage, in violation of the main sentence of Article 39 (1) (including cases applied mutatis mutandis under Articles 59 (2) and 74 (1)), or who fails to retrieve cultural heritage taken abroad under the proviso to Article 39 (1) and (2) (including cases applied mutatis mutandis under Articles 59 (2) and 74 (1)) by a specified deadline shall be punished by imprisonment with labor for a limited term of not less than five years, and the relevant cultural heritage shall be confiscated. |
(2) | A person who exports or takes abroad any cultural heritage or who fails to retrieve any cultural heritage taken abroad, in violation of Article 60 (1) shall be punished by imprisonment with labor for a limited term of not less than three years, and the relevant cultural heritage shall be confiscated. |
(3) | A person who transfers or acquires cultural heritage, or intermediates a transaction of cultural heritage, knowing that the cultural heritage would be exported or taken abroad, in violation of paragraph (1) or (2) shall be punished by imprisonment with labor for a limited term of not less than three years, and the relevant cultural heritage shall be confiscated. |
Article 91 (Crime of Enticement to Make False Designation, etc,) |
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A person who entices another person to designate cultural heritage as designated or provisionally designated cultural heritage by fraudulent or other illegal means shall be punished by imprisonment with labor for a limited term of not less than five years.
Article 92 (Crime of Infliction of Damage, Concealment, etc.) |
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(1) | A person who causes damage to, steals, conceals, or impairs the utility of State-designated cultural heritage (excluding national intangible cultural heritage) in any other means shall be punished by imprisonment with labor for a limited term of not less than three years. <Amended by Act No. 13249, Mar. 27, 2015> |
(2) | Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than two years: |
1. | A person who causes damage to, steals, conceals, or impairs the utility of any designated or provisionally designated cultural heritage (excluding a structure), other than those stipulated in paragraph (1); |
2. | A person who causes damage to, steals, conceals, or impairs the utility of any ordinary movable cultural heritage, knowing that it is ordinary movable cultural heritage. |
(3) | Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than two years or by a fine not less than twenty million won nor more than 150 million won: |
1. | A person who makes a specimen or stuffed specimen of a natural monument without obtaining permission for the alteration of the current state, or revised permission therefor under Article 35 (1) 1; |
2. | A person who acquires, transfers, takes over, or transports cultural heritage with knowledge of a violation of paragraph (1) or (2) or subparagraph 1; |
3. | A person who mediates an act under subparagraph 2. |
(4) | Even where an act that had impaired the utility of a designated or provisionally designated cultural heritage or ordinary movable cultural heritage by causing damage, theft, or concealment, or by any other means committed by a third person before concealment under paragraphs (1) and (2) has not been punished, the person who committed such concealment shall be sentenced to the punishment stipulated under the said paragraphs. |
(5) | Any cultural heritage falling under paragraphs (1) through (4) shall be confiscated, but where such confiscation is impracticable, the appraised value of the relevant cultural heritage shall be collected: Provided, That this shall not apply where a person who conceals cultural heritage under paragraph (4) acquires it in good faith. |
Article 93 (Cumulative Crimes) |
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(1) | A person who commits a crime stipulated under Articles 90 through 92 by demonstrating the force of an organization or a large number of people or carrying a dangerous object in his or her possession shall be sentenced to cumulative punishment by half that stipulated under the relevant Articles. |
(2) | A person who causes an injury to any person who manages or protects a designated or provisionally designated cultural heritage by committing a crime under paragraph (1) shall be punished by imprisonment with labor for an infinite term or for a term of not less than five years. A person who causes the death of a third person shall be punished by capital punishment, imprisonment with labor for an infinite term or for a term of not less than five years. |
Article 94 (Application Mutatis Mutandis of the Criminal Act) |
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A person who commits arson, inundation, or destruction of any of the following structures shall be punished by applying mutatis mutandis Article 165, 178, or 367 of the Criminal Act and the corresponding provisions related to the aforesaid Articles in the aforesaid Act, and shall be cumulatively punished by half that stipulated under each corresponding provisions:
1. | A structure which is designated or provisionally designated cultural heritage; |
2. | A structure for the protection of designated or provisionally designated cultural heritage. |
Article 95 (Crimes of Inundation of Historic Sites) |
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A person who damages a historic site, scenic area, natural monument, or its protection zone designated or provisionally designated by the Administrator of the Cultural Heritage Administration by inundating it shall be punished by imprisonment with labor for not less than two years nor more than ten years.
Article 96 (Other Crimes of Inundation) |
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A person who damages any designated or provisionally designated cultural heritage other than those stipulated under Article 95 or the protection zone of such cultural heritage by inundating it shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won.
Article 97 (Attempted Criminals, etc.) |
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(1) | An attempted criminal under Articles 90 through 92, 93 (1), 95 and 96 shall be punished. |
(2) | A person who prepares himself or herself or plots to commit a crime under Articles 90 through 92, 93 (1), 95 and 96 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
Article 98 (Criminal Negligence) |
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(1) | A person who commits a crime under Article 95 or 96 by negligence shall be punished by a fine not exceeding 10 million won. |
(2) | A person who commits a crime under Article 95 or 96 due to malpractice or gross negligence shall be punished by imprisonment without labor for not more than three years or by a fine not exceeding 30 million won. |
Article 99 (Unpermitted Conduct, etc.) |
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(1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: |
1. | A person who alters the current state of a designated or provisionally designated cultural heritage (including its protective facilities and protection zone, and dead natural monuments) or who conducts an act which could affect the preservation thereof, in violation of Article 35 (1) 1 or 2 (including cases applied mutatis mutandis under Articles 47 and 74 (2)); |
2. | A person who captures or collects an animal, plant, or mineral in an area designated or provisionally designated as a scenic area or natural monument, or its protection zone, or removes the captured or collected animal, plant, or mineral from such area without permission, in violation of Article 35 (1) 4 (including cases applied mutatis mutandis under Article 74 (2)); |
3. | A person engaged in any business without permission, in violation of Article 75 (1). |
(2) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: |
1. | A person who owns the relevant cultural heritage in cases falling under each subparagraph of paragraph (1); |
2. | A person who alters the current state of registered cultural heritage without permission or revised permission, in violation of Article 56 (2). |
Article 100 (Crimes of Violating Administrative Orders, etc.) |
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A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won, and the relevant object shall be confiscated in cases under subparagraph 2:
1. | A person who violates an order issued pursuant to Article 21 (1) or 42 (1) (including cases applied mutatis mutandis under Article 74 (2)) without good cause; |
2. | A person who brings in or sprays any substance harmful to the growth of any habitat, breeding area, or migratory area of an animal designated or provisionally designated as a natural monument (including natural monuments designated as City/Do designated cultural heritage). |
Article 101 (Crimes of Interfering with Management Activities, etc.) |
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Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
1. | A person who fails to comply with an instruction under Article 12 without good cause; |
2. | A person who interferes with management activities performed by a management organization, in violation of Article 34 (5) (including cases applied mutatis mutandis under Article 74 (2)), or who interferes with management activities performed by a management authority of designated or provisionally designated cultural heritage, without good cause; |
3. | A person who performs activities stipulated under Article 35 (1) 3 (including cases applied mutatis mutandis under Article 74 (2)) without permission; |
4. | A person who refuses to provide cooperation or to perform necessary activities required under the main sentence of Article 44 (4) (including cases applied mutatis mutandis under Articles 45 (2) and 74 (2)); |
5. | A person responsible for managing and protecting designated or provisionally designated cultural heritage, who destroys or damages the relevant cultural heritage due to gross negligence; |
6. | A person who falsely reports; |
7. | A person who intentionally destroys, moves, removes, or otherwise spoils a boundary marker of an area designated as cultural heritage or its protection zone by making it impossible to discern the boundaries of such area; |
8. | A person who discloses cultural heritage to the public, in violation of any restriction placed thereon by the Administrator of the Cultural Heritage Administration under Article 48 (2) or who enters cultural heritage without permission under paragraph (5) of the same Article (including cases applied mutatis mutandis under Article 74 (2)). |
Article 102 (Joint Penalty Provisions) |
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Where the representative of a corporation or an agent, employee of or other persons employed by, the corporation or an individual commits any violation referred to in Articles 94 through 96, or Articles 98 through 101 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine prescribed in the relevant Article or a fine not exceeding 300 million won if there is no relevant penalty provision: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.
Article 103 (Administrative Fines) |
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(1) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 11228, Jan. 26, 2012; Act No. 12692, May 28, 2014> |
1. | A person who fails to designate non-smoking areas under Article 14 (5); |
2. | A person who fails to report under Article 40 (1) 6 or 9 (including cases applied mutatis mutandis pursuant to Article 74 (2)); |
3. | A person who fails to report under subparagraph 6 of Article 55; |
4. | A person who fails to report under Article 56 (1); |
5. | A person who fails to comply with matters to be observed under Article 78; |
6. | A person who fails to report the closure of business under Article 79; |
7. | A person who uses the name of Korea Cultural Heritage Foundation and other names similar thereto, in violation of Article 82-2. |
(2) | A person who fails to report under Article 40 (1) 5 (including cases applied mutatis mutandis pursuant to Article 74 (2)) shall be punished by an administrative fine not exceeding four million won. |
(3) | A person who fails to report under Article 40 (1) 7 or (3) (including cases applied mutatis mutandis pursuant to Article 74 (2)) shall be punished by an administrative fine not exceeding three million won. <Amended by Act No. 12352, Jan. 28, 2014> |
(4) | Any of the following persons shall be punished by an administrative fine not exceeding two million won: |
1. | A person who fails to report under Article 40 (1) 1 through 4 or 8 (including cases applied mutatis mutandis pursuant to Article 74 (2)); |
2. | A person who fails to report under subparagraphs 1 through 5, 7, or 8 of Article 55; |
3. | A person who fails to report under Article 60 (4). |
(5) | A person who smokes in a non-smoking area in violation of Article 14 (7) shall be punished by a fine for negligence not exceeding 100,000 won. <Newly Inserted by Act No. 11228, Jan. 26, 2012> |
Article 104 (Imposition and Collection of Administrative Fines) |
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Administrative fines under Article 103 shall be imposed and collected by the Administrator of the Cultural Heritage Administration, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 92, 98 and 102 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Enforcement Date)
(1) | Article 35 (1) 1 referred to in Article 92 (3) 1 which enters into force pursuant to the proviso to Article 1 of the Addenda shall be deemed the former subparagraph 3 of Article 34. |
(2) | Article 95 or 96 referred to in Article 98 (1) which enters into force pursuant to the proviso to Article 1 of the Addenda shall be deemed the former Article 107 or 108, and Article 95 or 96 referred to in paragraph (2) of the same Article shall be deemed the former Article 104 (3), 107 or 108 until one year elapses after this Act is promulgated. In such cases, any crime under the former Article 104 (3) shall be governed by the former provisions concerning the confiscation of relevant cultural heritage. |
(3) | Provisions concerning violations under Articles 94 through 96 or Articles 98 through 101 referred to in Article 102 which enters into force pursuant to the proviso to Article 1 of the Addenda shall be governed by the former provisions until one year elapses after this Act is promulgated. |
Article 3 (Transitional Measures concerning Important Folklore Resources)
Outstanding folklore resources designated under the former provisions as at the time this Act enters into force shall be deemed designated as important folklore resources under this Act.
Article 4 (Transitional Measures concerning Notices on Public Code of Conduct, such as Alteration of Current State of Designated Cultural Heritage)
The detailed code of conduct applicable to any cultural heritage so designated and notified under the former provisions as at the time this Act enters into force shall be determined and notified within one year from the date this Act enters into force pursuant to the amended provisions of Article 13 (4).
Article 5 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any act done by or in relation to an administrative agency under the former provisions as at the time this Act enters into force shall be deemed any act done by or in relation to an administrative agency under this Act.
Article 6 Omitted.
Article 7 (Relations with other Acts and Subordinate Statutes)
A citation of any provision of the former Cultural Heritage Protection Act by any other Acts or subordinate statutes as at the time this Act enters into force shall be deemed a citation of the provisions of this Act in lieu of the former provisions, if provisions corresponding thereto exist herein.
ADDENDA <Act No. 10562, Apr. 6, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10829, Jul. 14, 2011>
(1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
(2) | (Transitional Measures concerning Technical Experts) At the time this Act enters into force, technical experts commissioned pursuant to the Cultural Heritage Committee Regulations shall be deemed to be commissioned in accordance with this Act. |
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11053, Sep. 16, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11228, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 2 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Preparation for Establishment)
(1) | In order to handle administrative affairs regarding the establishment of the Foundation, the Administrator of the Cultural Heritage Administration shall establish a Committee for Incorporating the Cultural Heritage Overseas Foundation (hereinafter referred to as the “Incorporation Committee”) within 30 days from the date of promulgation of this Act. |
(2) | The Incorporation Committee shall be comprised of not more than seven promoters commissioned by the Administrator of the Cultural Heritage Administration, and the Deputy Administrator of the Cultural Heritage Administration shall serve as the chair. |
(3) | The Incorporation Committee shall prepare the articles of incorporation of the Foundation, on which the promoters prescribe their names and affix their seals or sign their names, and shall obtain authorization from the Administrator of the Cultural Heritage Administration. |
(4) | The Incorporation Committee shall complete registration for the establishment of the Foundation by the date this Act enters into force. |
(5) | When the president of the Foundation is appointed, the Incorporation Committee shall transfer its administrative affairs to the president without delay. |
(6) | Upon completion of the transfer of administrative affairs under paragraph (5), the Incorporation Committee shall be deemed dissolved and the promoters shall be deemed decommissioned. |
ADDENDA <Act No. 12352, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures concerning Disposition, etc.)
An action done by and/or against an administrative institution pursuant to the former provisions before this Act enters into force shall be deemed to have been done by and/or against an administrative institution pursuant to this Act.
Article 3 (Transitional Measures concerning Expropriation or Use of Land)
Where the authorization of a business project and its public notification under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects are deemed to have been made, pursuant to the former provisions, as at the time this Act enters into force and thereby a procedure under Article 26 (1), 28, or 61 of the aforementioned Act is in progress, the former provisions shall apply notwithstanding the amended provisions of Article 83 (2).
Article 4 (Transitional Measures concerning Penal Provisions)
In applying penal provisions concerning any action committed before this Act enters into force, the former provisons shall apply thereto.
ADDENDA <Act No. 12692, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures following Alteration of the Foundation’s Name)
(1) | The Korea Cultural Heritage Foundation as at the time this Act enters into force shall be deemed the Korea Cultural Heritage Foundation under this Act. In such cases, the Korea Cultural Heritage Foundation shall, within three months after this Act enters into force, amend its articles of incorporation in accordance with the amended provisions of this Act and obtain the authorization thereof from the Administrator of the Cultural Heritage Administration. |
(2) | The chairperson, director, statutory auditor, and employees of the Korea Cultural Heritage Foundation as at the time this Act enters into force shall be deemed to have been appointed respectively as the chairperson, director, statutory auditor, and employees of the Korea Cultural Heritage Foundation pursuant to this Act. In such cases, the term of office of executives shall be the remaining period of the term given under the former provisions. |
(3) | The Korea Cultural Heritage Foundation shall succeed to all the assets, rights, and obligations belonged to the former Korea Cultural Heritage Foundation as at the time this Act enters into force. |
(4) | An action done by and/or against the Korea Cultural Heritage Foundation before this Act enters into force shall be deemed to have been done by and/or against the Korea Cultural Heritage Foundation under this Act. |
Article 3 Omitted.
ADDENDUM <Act No. 13249, Mar. 27, 2015>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 13291, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
Last updated : 2017-02-01
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