Law Viewer

Back Home

ACT ON VALUE ENHANCEMENT OF HANOK AND OTHER ARCHITECTURAL ASSETS

Act No. 12739, jun. 3, 2014

Amended by Act No. 13726, Jan. 6, 2016

Act No. 14869, Aug. 9, 2017

Act No. 15125, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to promoting architectural culture of Korea and enhancing national competitiveness, by providing matters necessary for the preservation and use of hanok and other architectural assets or the creation of architectural assets for the future.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "architectural asset" means any of the following assets with social, economic or scenic value valid in the present and future, which either has unique historical or cultural value, such as hanok, or contributes to promoting architectural culture of the State or to the formation of the identity of any local region: Provided, That any cultural heritage designated and registered under the Cultural Heritage Protection Act shall be excluded herefrom:
(a) A building defined in Article 2 (1) 2 of the Building Act;
(b) A spacial environment defined in subparagraph 2 of Article 3 of the Framework Act on Building;
(c) Infrastructure defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act;
2. The term "hanok" means a building, the main structure of which consists of wooden columns, beams and Korean style roof frames and which reflects the traditional style of Korea, and any building annexed thereto;
3. The term "hanok architectural style" means construction of any building by applying the shape and structure of hanok thereto, or construction of hanok by using modern materials and technology.
 Article 3 (Responsibilities of State, Local Governments, etc.)
(1) The State and each local government shall formulate policies for the value enhancement of architectural assets as well as for the promotion of architectural culture, and shall prepare measures, etc. to provide administrative and financial assistance necessary for implementing such policies.
(2) The owner and manager of any architectural asset shall undertake to maintain and manage the architectural asset to ensure its preservation and development.
CHAPTER II ESTABLISHMENT OF A FOUNDATION FOR THE VALUE ENHANCEMENT OF ARCHITECTURAL ASSETS
 Article 4 (Formulation, etc. of Master Plans for the Value Enhancement of Architectural Assets)
(1) The Minister of Land, Infrastructure and Transport, to enhance the value of architectural assets, shall formulate and implement a master plan for the value enhancement of architectural assets (hereinafter referred to as "master plan") every five years.
(2) Where the Minister of Land, Infrastructure and Transport intends to formulate or amend a master plan, he/she shall be subject to deliberation by the National Commission on Architectural Policy pursuant to Article 13 of the Framework Act on Building, upon consultation with the heads of related central administrative agencies and gathering consensus through a hearing, etc.: Provided, That this may not be required if it is intended to amend any minor matters prescribed by Presidential Decree.
(3) A master plan shall include the following:
1. Objectives of and basic direction-setting for policies on the value enhancement of architectural assets;
2. Establishment of a foundation for the value enhancement of architectural assets and for the promotion of local architectural culture;
3. Surveys, research, technology development, etc. in relation to the value enhancement of architectural assets;
4. Development of professional human resources related to the value enhancement of architectural assets;
5. Promotion and international exchange of architectural assets;
6. Education on architectural culture to raise awareness on the value of architectural assets;
7. Securing financial resources necessary for the value enhancement of architectural assets;
8. Any other matters prescribed by Presidential Decree, which are necessary for the value enhancement of architectural assets.
(4) Any other matters necessary for the formulation, implementation, amendment, etc. of a master plan shall be prescribed by Presidential Decree.
 Article 5 (Formulation, etc. of Implementation Plans for Value Enhancement of Architectural Assets)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") shall formulate and implement an annual implementation plan for the value enhancement of architectural assets (hereinafter referred to as "implementation plan") every five years in accordance with the relevant master plan. <Amended by Act No. 14869, Aug. 9, 2017>
(2) Where the Mayor/Do Governor intends to formulate an implementation plan, he/she shall be subject to deliberation by the relevant metropolitan commission on architectural policy pursuant to Article 18 of the Framework Act on Building. <Amended by Act No. 14869, Aug. 9, 2017>
(3) Where the Mayor/Do Governor formulates an implementation plan, he/she shall notify the head of a Si/Gun/Gu (The head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) under his/her jurisdiction of such fact, and ensure that the implementation plan is available for public review.
(4) Any other matters necessary for the formulation, implementation, amendment, etc. of an implementation plan shall be prescribed by Presidential Decree.
 Article 6 (Basic Surveys on Architectural Assets)
(1) In any of the following circumstances, the Mayor/Do Governor shall conduct a survey on the status and actual management conditions of the relevant architectural asset and other necessary matters, as prescribed by Presidential Decree, and shall submit the findings from the survey to the Minister of Land, Infrastructure and Transport and the Administrator of the Cultural Heritage Administration: Provided, That where such survey has already been conducted by any related central administrative agency or specialized institution, the findings from such survey (limited to the findings from a survey recognized by any related central administrative agency, if the survey has been conducted by a specialized institution) may be used alternatively: <Amended by Act No. 14869, Aug. 9, 2017>
1. Where the survey is deemed necessary when an implementation plan is formulated or amended pursuant to Article 5;
2. Where an implementation plan formulated pursuant to Article 5 includes a plan for basic surveys on architectural assets;
3. Where it is intended to designate an architectural asset value enhancement zone pursuant to Article 17.
(2) The competent Mayor/Do Governor may request the owner or manager of the relevant architectural asset, any relevant organization, etc. to submit related data when necessary to conduct the survey pursuant to paragraph (1).
 Article 7 (Establishment of an Information System for Architectural Assets)
(1) The Mayor/Do Governor shall establish and operate an information system for architectural assets (hereinafter referred to as "information system") in order to efficiently use data necessary for the value enhancement of architectural assets and to enable the general public to access and use the information on architectural assets.
(2) Where the Mayor/Do Governor establishes and operates the information system, he/she shall ensure that the system is linked to the relevant master plan for national informatization pursuant to Article 6 of the Framework Act on National Informatization and the relevant implementation plan for national informatization pursuant to Article 7 of the same Act.
(3) The Minister of Land, Infrastructure and Transport may grant subsidies to cover part of the expenses incurred in implementing a project for the establishment and management of the information system.
(4) Any other matters necessary for the establishment, operation, etc. of the information system shall be prescribed by Presidential Decree.
 Article 8 (Development of Professional Human Resources for Architectural Assets)
(1) The State and local governments shall undertake to develop professional human resources for the maintenance, repair and value enhancement of architectural assets.
(2) The Minister of Land, Infrastructure and Transport and the Mayor/Do Governor may inspect the actual conditions of professional human resources related to the maintenance and repair of architectural assets, and may formulate programs for the supply and demand for professional human resources.
 Article 9 (Assistance for Business Entities Related to the Maintenance and Repair of Architectural Assets)
(1) The State and local governments may provide administrative and financial assistance to relevant business entities to facilitate the maintenance and repair of architectural assets.
(2) The scope of business entities eligible for assistance pursuant to paragraph (1), procedures for providing assistance, and other necessary matters shall be prescribed by Presidential Decree.
CHAPTER III REGISTRATION AND MANAGEMENT OF EXCEPTIONAL ARCHITECTURAL ASSETS
 Article 10 (Registration of Exceptional Architectural Assets)
(1) In order to systematically create and manage architectural assets, the Mayor/Do Governor may register any architectural asset as an exceptional architectural asset upon the receipt of an application from its owner. In such cases, the Mayor/Do Governor shall hear opinions from the Administrator of the Cultural Heritage Administration about its registration as an exceptional architectural asset, where 50 years have elapsed since the construction, production or creation of the relevant architectural asset.
(2) Upon the receipt of an application under paragraph (1), the Mayor/Do Governor shall examine relevant documents and conduct an on-site investigation, etc., and then determine whether to register the relevant architectural asset as an exceptional architectural asset upon deliberation by the relevant building committee pursuant to Article 4 of the Building Act (hereinafter referred to as "building committee") and notify the relevant applicant of the results of the determination. In such cases, at least 1/4 of the members participating in the deliberation shall consist of experts in the field of cultural heritage, such as hanok.
(3) The owner of an exceptional architectural asset registered pursuant to paragraphs (1) and (2) may make indication on the architectural asset of registration as an exceptional architectural asset, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) No indication of registration or similar indication shall be made on any architectural asset not registered as an exceptional architectural asset.
(5) The standards and procedures for registering an exceptional architectural asset, matters to be submitted, and other necessary matters shall be prescribed by Presidential Decree.
 Article 11 (Special Cases on Architectural Assets for Official Use)
(1) Where the State or a local government intends to register an architectural asset under its ownership as an exceptional architectural asset pursuant to Article 10, it shall consult with the Mayor/Do Governor having jurisdiction over the location of the architectural asset.
(2) Where the Mayor/Do Governor having jurisdiction over the location of an architectural asset has consultations pursuant to paragraph (1), he/she shall be subject to deliberation by the building committee under the jurisdiction of the Mayor/Do Governor.
(3) Where the State or a local government has consulted with the Mayor/Do Governor having jurisdiction over the location of an architectural asset pursuant to paragraph (1), the architectural asset shall be deemed to be registered as an exceptional architectural asset pursuant to Article 10.
 Article 12 (Subsidization for, and Management of, Exceptional Architectural Assets)
(1) The State or a local government may grant tax reductions or exemptions to any exceptional architectural asset, under the Restriction of Special Taxation Act and the Restriction of Special Local Taxation Act.
(2) The Mayor/Do Governor may fully or partially subsidize technology required for, or expenses incurred in, managing exceptional architectural assets, as prescribed by municipal ordinance of the relevant local government.
(3) The Mayor/Do Governor shall keep and manage a register of exceptional architectural assets in order to examine the maintenance status thereof or to utilize the register as basic data for relevant policies, as prescribed by Presidential Decree.
 Article 13 (Extension, Reconstruction, Removal, etc. of Exceptional Architectural Assets)
(1) A person who intends to engage in any of the following activities in relation to an exceptional architectural asset shall file a report with the competent Mayor/Do Governor up to 30 days prior to the commencement of the relevant activity:
1. Altering the external appearance of an exceptional architectural asset, which is any activity constituting the extension, reconstruction, rebuilding, substantial repair, or renovation defined in Article 2 of the Building Act;
2. Removing or relocating an exceptional architectural asset to a different location;
3. Any other matters prescribed by Presidential Decree.
(2) Upon the receipt of a report under paragraph (1), the Mayor/Do Governor may provide guidance, advice, recommendation, etc., if necessary to preserve the relevant exceptional architectural asset.
(3) Notwithstanding paragraph (1), the owner of an exceptional architectural asset shall obtain permission from the competent Mayor/Do Governor in any of the following cases, as prescribed by Presidential Decree. In such cases, the Mayor/Do Governor shall be subject to deliberation by the relevant building committee:
1. Where the relevant owner is granted tax reduction or exemption pursuant to Article 12 (1), or obtains subsidies or loans pursuant to Article 12 (2);
2. Where the relevant owner is granted special exceptions to the application of relevant statutes pursuant to Article 14.
 Article 14 (Special Exceptions to Relevant Statutes for Exceptional Architectural Assets)
(1) All or part of the following provisions may be applied with leniency to exceptional architectural assets referred to in Article 10, as prescribed by Presidential Decree: Provided, That subparagraphs 2 and 3 shall be limited to where the standards, performance, etc. required by the corresponding provisions are replaceable by any other means: <Amended by Act No. 15125, Nov. 28, 2017>
(2) A person who intends to apply for building permission pursuant to Article 11 of the Building Act through the application of special exceptions pursuant to paragraph (1), shall file an application accompanied by a plan for the application of special exceptions including the following matters:
1. Matters requested for the application of lenient standards under paragraph (1);
2. The grounds for requesting the application of special exceptions, and expected effects;
3. Details of evidence of performance which is equivalent to or exceeding the performance required for the application of special exceptions (limited to where the application of special exceptions pursuant to paragraph (1) 2 or 3 is requested);
4. Whether the registration standards for exceptional architectural assets are satisfied;
5. Any other matters prescribed by municipal ordinance of the relevant local government.
(3) Upon receipt of an application for building permission under paragraph (2), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall be subject to deliberation by the relevant building committee, if he/she intends to grant permission to construct the relevant building; and shall consult with the head of the competent fire defense headquarters or the competent fire marshal, if paragraph (1) 3 is applied with leniency.
 Article 15 (Revocation of Registration of Exceptional Architectural Assets)
(1) The owner of an exceptional architectural asset may request the competent Mayor/Do Governor to revoke the registration of the exceptional architectural asset in accordance with the standards and procedures prescribed by Presidential Decree.
(2) Where it is necessary to revoke the registration of an exceptional architectural asset due to the loss of its value, or a request for revocation of the registration is made under paragraph (1), the Mayor/Do Governor may revoke the registration in accordance with the procedures and standards prescribed by Presidential Decree. In such cases, the Mayor/Do Governor shall be subject to deliberation by the relevant building committee.
(3) Where an exceptional architectural asset is designated or registered as cultural heritage under the Cultural Heritage Protection Act, the registration of the exceptional architectural asset shall become invalid: Provided, That in such cases, Articles 12 (1) and (2) and 14 may remain in force under the Cultural Heritage Protection Act.
 Article 16 (Application for Registration of Exceptional Architectural Assets as Cultural Heritage)
The Mayor/Do Governor may apply for the registration of cultural heritage pursuant to Article 53 of the Cultural Heritage Protection Act, for any the following exceptional architectural assets:
1. Where 20 years have elapsed since the registration of the relevant exceptional architectural asset, and 50 years have elapsed since its construction, production or formation;
2. Where the relevant exceptional architectural asset is worth protecting as cultural heritage, although the period specified in subparagraph 1 has not yet elapsed;
3. Where a request for the registration is made by the owner of the relevant exceptional architectural asset or by the Administrator of the Cultural Heritage Administration.
CHAPTER IV DESIGNATION AND MANAGEMENT OF ARCHITECTURAL ASSET VALUE ENHANCEMENT ZONES
 Article 17 (Designation, etc. of Architectural Asset Value Enhancement Zones)
(1) The Mayor/Do Governor may designate an architectural asset value enhancement zone after joint deliberation by the relevant building committee and the relevant City/Do Urban Planning Committee established under Article 113 of the National Land Planning and Utilization Act for any of the following areas: <Amended by Act No. 14869, Aug. 9, 2017>
1. An area requiring management in order to create a unique local spacial environment centering around an exceptional architectural asset;
2. An area requiring comprehensive management because architectural assets, such as a hanok village and traditional temple preservation zones, are clustered together therein.
(2) Where the Mayor/Do Governor intends to designate an architectural asset value enhancement zone pursuant to paragraph (1), he/she shall publicly notify the details of the designation in the Official Gazette of the relevant local government and report them to the Minister of Land, Infrastructure and Transport and the Administrator of the Cultural Heritage Administration according to the method and procedures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall ensure that relevant documents are available for public review.
(3) The standards and procedures for designating an architectural asset value enhancement zone and other necessary matters shall be prescribed by Presidential Decree.
 Article 18 (Alteration, or Cancellation, of Designation of Architectural Asset Value Enhancement Zones)
(1) The competent Mayor/Do Governor may alter or cancel its designation after joint deliberation by the relevant building committee and the relevant City/Do Urban Planning Committee established under Article 113 of the National Land Planning and Utilization Act, where an architectural asset value enhancement zone designated pursuant to Article 17 falls under any of the following circumstances: <Amended by Act No. 14869, Aug. 9, 2017>
1. Where its designation is no longer required;
2. Where a ground to amend the details of its designation occurs;
3. Where the relevant request is made by the head of a Si/Gun/Gu.
(2) Where the Mayor/Do Governor alters or cancels the designation of an architectural asset value enhancement zone pursuant to paragraph (1), he/she shall publicly notify such fact in the Official Gazette of the relevant local government and report the details of the alteration or cancellation thereof to the Minister of Land, Infrastructure and Transport and the Administrator of the Cultural Heritage Administration according to the method and procedures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall ensure that relevant documents are available for public review.
(3) Any other matters necessary for the alteration, cancellation, etc. of the designation of an architectural asset value enhancement zone shall be prescribed by Presidential Decree.
 Article 19 (Formulation of Management Plans for Architectural Asset Value Enhancement Zones)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor and the head of a Si/Gun/Gu, who has jurisdiction over any architectural asset value enhancement zone designated pursuant to Article 17, shall formulate a management plan for the architectural asset value enhancement zone including the following matters (hereinafter referred to as "management plan") upon hearing opinions from local residents, as prescribed by Presidential Decree: <Amended by Act No. 13726, Jan. 6, 2016>
1. The location, scope, area, etc. of the architectural asset value enhancement zone;
2. The purpose and necessity of the designation of the architectural asset value enhancement zone;
3. The status of architectural assets, and plans for basic surveys thereon;
4. Basic direction-setting for, and objectives of, management of the architectural asset value enhancement zone;
5. Plans and guidelines for the height, building-to-land ratio, floor area ratio, use, etc. of buildings, and management plans for the buildings;
6. Plans and guidelines for the arrangement, shapes, colors, materials and construction line of buildings and spacial environments as well as for the creation, etc. of outdoor spaces; and management plans for such buildings and environments;
7. Plans, guidelines, and management plans for fences, gates, externally protruding building facilities, outdoor advertisements, etc. defined in subparagraph 1 of Article 2 of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry;
8. Other landscape plans;
9. Schemes to finance the implementation of the management plan, and measures for the phased implementation of such plan;
10. Details of a district-unit plan pursuant to Article 52 (1) of the National Land Planning and Utilization Act (limited to where the district-unit plan is formulated pursuant to paragraph (3));
11. Any other matters prescribed by Presidential Decree, which are necessary for managing architectural asset value enhancement zones.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor and the head of a Si/Gun/Gu may designate any architectural asset value enhancement zone as a district-unit planning zone pursuant to Article 51 of the National Land Planning and Utilization Act (hereinafter referred to as "district-unit planning zone"), and may formulate a district-unit plan pursuant to Article 49 of the same Act (hereinafter referred to as "district-unit plan").
(3) Where pubic notice of the designation of an architectural asset value enhancement zone is given pursuant to Article 17 and a management plan therefor including the matters specified in paragraph (1) 10 is formulated, the architectural asset value enhancement zone shall be deemed designated and publicly notified as a district-unit planning zone and the matters specified in paragraph (1) 10 shall be deemed determined and publicly notified as a district-unit plan, from the date the management plan is formulated. In such cases, the procedures for formulating the management plan shall comply with the procedures for formulating the relevant urban or Gun management plan under the National Land Planning and Utilization Act.
(4) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu formulates a management plan as a district-unit plan pursuant to paragraph (3) in order to maintain, preserve, and revitalize any architectural asset value enhancement zone, he/she may prohibit or restrict the establishment of any of the following businesses or facilities in the architectural asset value enhancement zone: <Newly Inserted by Act No. 14869, Aug. 9, 2017>
2. Food service business prescribed by Presidential Decree, among food service businesses specified by the Food Sanitation Act;
3. Any other businesses or facilities specified by municipal ordinance of the relevant local government as likely to harm the purpose of the designation of the architectural asset value enhancement zone, as prescribed by Presidential Decree.
(5) Any other matters necessary for the formulation, implementation, amendment, etc. of management plans shall be prescribed by Presidential Decree. <Amended by Act No. 14869, Aug. 9, 2017>
 Article 20 (Proposal to Prepare Management Plan for Architectural Asset Value Enhancement Zone)
(1) Residents (including interested persons; hereinafter the same shall apply) may propose the designation of an area referred to in subparagraphs of Article 17 (1) as an architectural asset value enhancement zone and the formulation of a management plan therefor to the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu, respectively. In such cases, the written proposal shall include the following matters:
1. The location, scope, area, etc. of the relevant architectural asset value enhancement zone;
2. The purpose and necessity of designation of the relevant architectural asset value enhancement zone;
3. Direction-setting, etc. for the formulation of the management plan.
(2) Upon receipt of a proposal under paragraph (1), the Mayor/Do Governor or the head of the Si/Gun/Gu shall notify the proposer of the results of processing the proposal.
(3) Matters necessary for the proposal for the designation of an architectural asset value enhancement zone and the formulation of a management plan therefor, processing of the proposal, and any other necessary matters shall be prescribed by Presidential Decree.
 Article 21 (Special Exceptions to Relevant Statutes for Buildings within Architectural Asset Value Enhancement Zone)
(1) Where a district-unit plan is formulated for any architectural asset value enhancement zone pursuant to Article 19, any of the following provisions may be applied with leniency to the architectural asset value enhancement zone, within the scope prescribed by Presidential Decree, in accordance with the district-unit plan:
1. The lenient provisions applicable to district-unit planning zones specified in Article 52 (3) of the National Land Planning and Utilization Act: Provided, That where building-to-land ratios are reduced, the standards therefor may be determined otherwise by Presidential Decree;
(2) Where deemed necessary to maintain, preserve and revitalize the uniqueness of each architectural asset value enhancement zone, the maximum limits on building-to-land ratios for any architectural asset value enhancement zone, for which a district-unit plan has been formulated, may be determined otherwise by municipal ordinance of the Special Metropolitan City, the relevant Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu, within the limits prescribed by Presidential Decree, notwithstanding Article 77 of the National Land Planning and Utilization Act. In such cases, the maximum limits on building-to-land ratios shall apply only to architectural assets.
[This Article Wholly Amended by Act No. 14869, Aug. 9, 2017]
 Article 22 (Subsidization for Architectural Asset Value Enhancement Zones by State, etc.)
The State or a local government may subsidize any architectural asset value enhancement zone pursuant to Article 17 for any of the following activities:
1. Maintenance of infrastructure, such as roads, traffic facilities, water supply and sewerage facilities and parking lots;
2. New construction, improvement and repairs of buildings.
 Article 23 (Composition of, and Support for, Consultative Body for Architectural Asset Value Enhancement Zone)
(1) The Mayor/Do Governor may establish a consultative body comprised of local residents, civic organizations, experts, etc. (hereinafter referred to as "consultative body"), if necessary to efficiently implement projects within an architectural asset value enhancement zone.
(2) The consultative body shall undertake to ensure the consistency of implementation plans, by participating in formulating the implementation plans, implementing projects within the relevant architectural asset value enhancement zone and in performing post management.
(3) The Mayor/Do Governor may provide support necessary for operating the consultative body.
(4) Matters necessary for the composition, operation, duties, etc. of the consultative body shall be prescribed by municipal ordinance of the relevant local government.
CHAPTER V VALUE ENHANCEMENT OF HANOK
 Article 24 (Assistance, etc. for Hanok Construction or Creation of Hanok Villages)
(1) The head of a local government may provide technical support or financial assistance, such as subsidies, necessary to facilitate hanok construction or the creation of hanok villages. In such cases, matters necessary for the standards for, and scope and details of, assistance shall be prescribed by Presidential Decree.
(2) The State or the competent local government may subsidize the establishment and maintenance of infrastructure of the relevant region, such as roads, electricity, water supply and sewerage for newly created hanok villages.
(3) The head of a local government may give priority to hanok and hanok villages meeting the standards pursuant to paragraph (1), in relation to the projects implemented by the Korea National Tourism Organization established under the Korea Tourism Organization Act pursuant to Article 12 (1) 1 or 2 of the same Act, or may request it to cooperate in providing the information and publicity on such hanok and hanok villages.
 Article 25 (Application for, and Determination of, Assistance for Hanok Construction or Creation of Hanok Village)
(1) A person who intends to receive assistance from the head of a local government in relation to hanok construction or the creation of a hanok village shall file an application with the head of the competent local government, along with the documents prescribed by Presidential Decree, such as a plan for hanok construction or the creation of a hanok village.
(2) With regard to an application for assistance for hanok construction or the creation of a hanok village pursuant to paragraph (1), the head of the competent local government shall determine whether to provide assistance and the details of assistance, if provided, after deliberation by the relevant building committee, and shall notify the applicant of matters determined.
(3) Procedures for applying for assistance for hanok construction or the creation of a hanok village and any other necessary matters shall be prescribed by Presidential Decree.
 Article 26 (Special Exceptions to Relevant Statutes for Hanok)
The criteria for buildings constructed as hanok may be separately prescribed by Presidential Decree, notwithstanding the following criteria specified under the Building Act, the Green Buildings Construction Support Act, and the Civil Act: <Amended by Act No. 14869, Aug. 9, 2017>
1. The scope of substantial repair defined in Article 2 (1) 9 of the Building Act;
1-2. Standards for verifying structural safety pursuant to Article 48 (2) of the Building Act;
2. Standards for the vacant lot within a building site pursuant to Article 58 of the Building Act;
3. Limits on the height of buildings for securing sunlight, etc. pursuant to Article 61 (1) of the Building Act;
4. The method for calculating the area of a building site and floor area pursuant to Article 84 of the Building Act;
5. The criteria for energy-saving designs for buildings pursuant to Articles 14 and 15 (1) of the Green Buildings Construction Support Act;
6. Standards for construction near boundary lines referred to in Article 242 (1) of the Civil Act.
 Article 27 (Public Notice of Standards for Hanok Construction, etc.)
(1) In order to enhance the identity of hanok and hanok villages, the Minister of Land, Infrastructure and Transport may prescribe and publicly notify standards for the following:
1. Performance, materials, shapes, etc. of hanok;
2. The scale and density of a hanok village, the arrangement of roads, public spaces, buildings, etc. therein, the landscape thereof, etc.;
3. Any other matters necessary for the implementation, etc. of a project designed to construct hanok or to create hanok villages.
 Article 28 (Establishment of National Hanok Center)
(1) In order to effectively implement policies for the preservation and value enhancement of hanok, the Minister of Land, Infrastructure and Transport may designate a public institution in charge of hanok-related business as the National Hanok Center.
(2) The National Hanok Center shall perform the following duties:
1. Conducting research and surveys on policies for the preservation and value enhancement of hanok;
2. Promoting specialized industries related to hanok;
3. Systematically managing and providing hanok-related information;
4. Publicizing hanok at home and abroad;
5. Any other matters prescribed by Presidential Decree in relation to the preservation and value enhancement of hanok.
(3) Matters necessary for designating and operating the National Hanok Center shall be prescribed by Presidential Decree.
 Article 29 (Subsidization for Training of Hanok Design and Construction Specialists)
(1) The State and local governments shall undertake to train design and construction specialists necessary for the succession of traditional hanok techniques and the promotion of the hanok industry.
(2) In order to train specialists pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport and the Mayor/Do Governor may designate any research institute, college, traditional construction school and any other institution as a training institution for hanok industry specialists, as prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport may certify an institution meeting the standards prescribed and publicly notified by the Minister of Land, Infrastructure and Transport, among educational institutions for training hanok design and construction specialists, as an exceptional training institution, as prescribed by Presidential Decree.
(4) The State and local governments may provide any training institution for hanok industry specialists designated pursuant to paragraph (2) with subsidies to cover all or part of the expenses incurred in training specialists, as prescribed by Presidential Decree.
 Article 30 (Subsidization for, and Promotion of, Hanok-Related Industries, etc.)
(1) The State and local governments shall subsidize and foster hanok and hanok-related industries in order to revitalize hanok construction and to advance exceptional hanok construction.
(2) In order to foster hanok and hanok-related industries, the State and local governments may subsidize any of the following projects:
1. Technology development and guidance to improve performance of hanok;
2. Development of types and models of hanok;
3. Recommendation on, and provision of, hanok-related information;
4. Development of cultural and tourism resources related to hanok;
5. Any other matters necessary to promote the hanok industry.
 Article 31 (Assistance for Dissemination of Hanok Architectural Style)
(1) The State and local governments shall undertake to disseminate the hanok architectural style, and may provide administrative and financial assistances for any of the following projects to disseminate it:
1. A project designed to apply the hanok architectural style to buildings or to create a spacial environment to which the hanok architectural style is applied;
2. A project designed to develop and advance design techniques or models to which the hanok architectural style is applied;
3. A publicity or educational project designed to disseminate the hanok architectural style;
4. Any other projects prescribed by Presidential Decree.
(2) The State, local governments and public institutions shall undertake to apply the hanok architectural style to any buildings or spacial environments they construct or create overseas.
CHAPTER VI PROMOTION OF LOCAL ARCHITECTURAL CULTURE
 Article 32 (Implementation of Policies to Promote Architectural Culture)
(1) The head of a local government shall prepare and implement polices necessary to promote unique local architectural culture.
(2) A local government may provide technical and financial assistance necessary for local residents' projects and activities to promote unique local architectural culture.
(3) Matters necessary for the standards, procedures, etc. for providing assistance pursuant to paragraph (2) shall be prescribed by municipal ordinance of the relevant local government.
(4) The State may fully or partially subsidize the implementation of the policies of a local government pursuant to paragraph (1).
 Article 33 (Education, Publicity, etc.)
The State and local governments shall undertake to promote education, publicity, etc. in order to enhance public understanding and participation in relation to the value of architectural assets and unique local architectural culture.
 Article 34 (Assistance for, and Fostering of, Private Organizations)
In order to revitalize projects for the value enhancement of architectural assets and the promotion of unique local architectural culture, the State and local governments may support and foster private organizations engaging in relevant activities.
 Article 35 (Identification of, and Awards to, Exceptional Cases)
The State and local governments may identify exceptional cases which relate either to projects for preserving and using architectural assets or promoting unique local architectural culture, or to activities, etc. of local residents and experts, and provide awards and other necessary assistance accordingly.
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 36 (Establishment of Special Account for Architectural Assets)
(1) The Mayor/Do Governor or the head of a Si/Gun/Gu may establish a special account for architectural assets (hereinafter referred to as "special account") in order to subsidize projects and activities for the creation and management of architectural assets in the respective jurisdiction. <Amended by Act No. 14869, Aug. 9, 2017>
(2) The special account shall be funded by any of the following financial resources:
1. Funds transferred from a general account;
2. Government subsidies;
3. Non-performance penalties pursuant to Article 80 of the Building Act;
4. Donations from individuals or corporations;
5. Any other revenues.
(3) The special account shall be used for any of the following purposes:
1. Expenses necessary for implementation plans;
2. Expenses necessary for research, development and dissemination for the value enhancement of architectural assets;
3. Subsidizing the preservation and construction of architectural assets;
4. Expenses required for the development of courses to promote architectural culture as well as for producing and distributing relevant education materials;
5. Any other expenses necessary for projects or activities designed to promote architectural culture.
 Article 37 (Delegation and Entrustment of Authority)
(1) All or part of the authority of the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor bestowed by this Act, may be delegated to the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport or the head of a local government may entrust all or part of his/her duties under this Act to a public institution, as prescribed by Presidential Decree.
 Article 38 (Reporting and Inspection)
(1) The Minister of Land, Infrastructure and Transport may require the National Hanok Center pursuant to Article 28 to report the status of its business, or may have public officials under his/her jurisdiction enter the National Hanok Center to inspect the accounting records, documents or other articles.
(2) Public officials who enter the National Hanok Center to conduct an inspection pursuant to paragraph (1) shall carry a certificate indicating his/her authority and present it to the relevant persons.
 Article 39 (Duty to Maintain Confidentiality)
No current or former employee of the National Hanok Center shall divulge any confidential information obtained in the course of performing his/her duties.
 Article 40 (Legal Fiction as Public Officials for Purposes of Application of Penalty Provisions)
Executive officers and employees of the National Hanok Center shall be deemed public officials for the purposes of applying the penalty provisions under Articles 129 through 132 of the Criminal Act.
CHAPTER VIII PENALTY PROVISIONS
 Article 41 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. The owner of an exceptional architectural asset who fails to obtain permission, in violation of Article 13 (3);
2. A current or former employee of the National Hanok Center who divulges any confidential information obtained in the course of performing his/her duties, in violation of Article 39.
 Article 42 (Administrative Fines)
(1) Any of the following persons shall be subject to administrative fines not exceeding five million won:
1. The owner or manager of a building who affixes an indication of registration or similar indication on an architectural asset not registered, in violation of Article 10 (4);
2. A person who fails to file a report or makes a false report, in violation of Article 13 (1).
(2) The administrative fine pursuant to paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor, as prescribed by Presidential Decree.
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 13726, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14869, Aug. 9, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 5 (1) shall enter into force on the date of its promulgation, and the amended provisions of subparagraph 1-2 of Article 26 shall enter into force on December 1, 2017.
Article 2 (Applicability to Designation, etc. of Architectural Asset Value Enhancement Zones)
The amended provisions of Article 17 (1) shall begin to apply from the first deliberation on the designation of an architectural asset value enhancement zone conducted after this Act enters into force.
Article 3 (Applicability to Formulation of Management Plans for Architectural Asset Value Enhancement Zones)
The amended provisions of Article 19 (4) shall begin to apply from the first management plan formulated as a district-unit plan after this Act enters into force.
Article 4 (Applicability to Special Exceptions to Relevant Statutes for Buildings within Architectural Asset Value Enhancement Zone)
The amended provisions of Article 21 shall begin to apply from the first building for which an application for a building permit or a building report is filed (including where an application for deliberation is filed with the relevant building committee established pursuant to Article 4 of the Building Act in order to apply for a building permit) after this Act enters into force.
Article 5 (Applicability to Special Exceptions to Relevant Statutes for Hanok)
The amended provisions of subparagraph 4 of Article 26 shall begin to apply from the first building for which an application for a building permit or a building report is filed (including where an application for deliberation is filed with the relevant building committee established pursuant to Article 4 of the Building Act in order to apply for a building permit) after this Act enters into force.
Article 6 (Transitional Measures concerning Special Exceptions to Relevant Statutes for Hanok)
Any building, which has complied with the standards for the vacant lot within a building site referred to in Article 58 of the Building Act (limited to the separation distance for eaves of hanok) pursuant to subparagraph 2 of Article 26 before this Act enters into force, shall be deemed a building to which the amended provisions of subparagraph 6 of Article 26 have been applied.
ADDENDUM <Act No. 15125, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation