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ACT ON THE SAFEGUARDING AND PROMOTION OF INTANGIBLE CULTURAL HERITAGE

Act No. 13248, Mar. 27, 2015

Amended by Act No. 14434, Dec. 20, 2016

Act No. 15173, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote the cultural enhancement of citizens and contribute to the development of human cultures by creatively transmitting traditional culture and enabling the citizens to utilize such traditional culture through the safeguarding and promotion of intangible cultural heritage.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 14434, Dec. 20, 2016>
1. The term "intangible cultural heritage" means cultural heritage as defined in Article 2 (1) 2 of the Cultural Heritage Protection Act;
2. The term "archetype" means intrinsic features prescribed by Presidential Decree, which constitute the value of specific intangible cultural heritage;
3. The term "holder" means a person recognized under Article 17 (1) or 32 (2), who is able to master and practice technical skills, artistic skills, etc. of intangible cultural heritage as the archetype of that intangible cultural heritage, as prescribed by Presidential Decree;
4. The term "group holder" means a group recognized under Article 17 (1) or 32 (2), that is able to master and practice technical skills, artistic skills, etc. of intangible cultural heritage as the archetype of that intangible cultural heritage, as prescribed by Presidential Decree;
5. The term "assistant instructor for successor training" means a person recognized under Article 19 (1), to assist a holder or group holder in transmitting intangible cultural heritage;
6. The term "certified trainee" means a person issued with a certificate of completion of successor training pursuant to Article 26 (1);
7. The term "successor" means a person or group as defined in any of subparagraphs 3 through 6;
8. The term "honorary holder" means a person recognized under Article 18 (1), among holders of national intangible cultural heritage;
9. The term "successor training" means education or training provided by a holder or group holder pursuant to Article 25, or by a school for successor training selected under Article 30;
10. The term "traditional craft product" means a product made by a successor of traditional craftsmanship practicing that traditional craftsmanship, among intangible cultural heritage;
11. The term "living human treasure" means a collective title denoting holders and honorary holders recognized respectively under Articles 17 and Article 18.
 Article 3 (Basic Principle)
The basic principle of the safeguarding and promotion of intangible cultural heritage is to maintain the archetype of intangible cultural heritage, giving due consideration to the following:
1. Cultivation of the national identity;
2. Transmission and development of traditional culture;
3. Realization and enhancement of the value of intangible cultural heritage.
 Article 4 (Responsibilities of State and Each Local Government)
(1) The State shall formulate and implement a comprehensive policy to safeguard and promote intangible cultural heritage.
(2) Each local government shall formulate and implement a policy to safeguard and promote intangible cultural heritage, giving due consideration to regional characteristics, in compliance with the State’s policy.
(3) In order to fulfill the responsibilities provided for in paragraphs (1) and (2), the State and each local government shall secure a budget necessary therefor.
 Article 5 (Responsibilities of Successors of Intangible Cultural Heritage)
Successors of intangible cultural heritage shall endeavor to transmit and develop that intangible cultural heritage by devotedly engaging in activities for transmitting such intangible cultural heritage.
 Article 6 (Relationship to Other Acts)
Unless otherwise expressly provided for in other Acts, this Act shall apply to the safeguarding and promotion of intangible cultural heritage.
CHAPTER II FORMULATION AND PROMOTION OF POLICIES ON INTANGIBLE CULTURAL HERITAGE
 Article 7 (Formulation of Master Plans)
(1) The Administrator of the Cultural Heritage Administration shall formulate a master plan to safeguard and promote intangible cultural heritage (hereinafter referred to as "master plan") every five years, that includes the following, after consulting with the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayor, Do Governors, and Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"):
1. Basic direction setting for the safeguarding and promotion of intangible cultural heritage;
2. Matters concerning securing and distributing funds for the safeguarding and promotion of intangible cultural heritage;
3. Matters concerning promoting the education and transmission of, and nurturing experts in, intangible cultural heritage;
4. Matters concerning investigation, documentation, and informatization of intangible cultural heritage;
5. Matters concerning internationalization of intangible cultural heritage;
6. Other matters necessary for the safeguarding and promotion of intangible cultural heritage.
(2) The Administrator of the Cultural Heritage Administration shall consider opinions of successors, relevant organizations, experts, etc. before formulating master plans.
(3) Upon formulating a master plan, the Administrator of the Cultural Heritage Administration shall inform each Mayor/Do Governor of the master plan, and give public notice thereof in the official gazette, etc.
(4) The Administrator of the Cultural Heritage Administration may request each Mayor/Do Governor to present data about intangible cultural heritage in his/her jurisdiction, if necessary for formulating a master plan.
 Article 8 (Formulation and Implementation of Action Plans)
(1) The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall formulate and implement an annual action plan based on the relevant master plan.
(2) When a Mayor/Do Governor has established an annual action plan or has completed implementing it pursuant to paragraph (1), he/she shall present the results thereof to the Administrator of the Cultural Heritage Administration.
(3) Upon formulating an annual action plan, the Administrator of the Cultural Heritage Administration and the relevant Mayor/Do Governor shall publicly announce it, and preferentially secure funds necessary for implementing the action plan.
(4) Matters necessary for the formulation, implementation, etc. of annual action plans shall be prescribed by Presidential Decree.
 Article 9 (Establishment of Intangible Cultural Heritage Committee)
(1) An Intangible Cultural Heritage Committee (hereinafter referred to as the "Committee") shall be established under the Cultural Heritage Administration to investigate and deliberate on matters concerning the safeguarding and promotion of intangible cultural heritage.
(2) The Committee shall be comprised of up to 30 members, including the chairperson.
(3) The Administrator of the Cultural Heritage Administration shall commission members of the Committee from among the following persons: Provided, That the chairperson shall be elected from among and by its members:
1. A person who is or was an associate professor or higher at the faculty related to intangible cultural heritage in a university or college referred to in Article 2 of the Higher Education Act;
2. A person who has been engaged in business related to the safeguarding and promotion of intangible cultural heritage for at least ten years;
3. An expert having knowledge of, and experience in, intangible cultural heritage, who has been working in the field of anthropology, folklore, law, business administration, traditional performing arts, or traditional craftsmanship, etc. for at least ten years.
(4) The term of office of members of the Committee shall be two years, which is renewable, and the term of office of a member appointed to fill a vacancy shall be the remaining period of the term of his/her predecessor.
(5) The Committee may have non-standing technical experts to conduct such affairs as collection of data, investigation, and research related to matters to be deliberated upon by the Committee, under the orders of the Administrator of the Cultural Heritage Administration, the chairperson of the Committee, or the chairperson of a subcommittee established under Article 10 (2).
(6) Matters necessary for the number and term of office of, and qualifications for, technical experts referred to in paragraph (5), etc. shall be prescribed by Presidential Decree.
 Article 10 (Matters, etc. to Be Deliberated upon by Committee)
(1) The Committee shall deliberate on the following matters related to the safeguarding and promotion of intangible cultural heritage:
1. Matters concerning master plans;
2. Matters concerning the designation of national intangible cultural heritage, and the revocation thereof;
3. Matters concerning the recognition of holders, group holders, or honorary holders of national intangible cultural heritage, and assistant instructors for successor training in national intangible cultural heritage, and the revocation thereof;
4. Matters concerning the designation of national intangible cultural heritage in need of urgent safeguarding, and the revocation thereof;
5. Matters concerning the selection of United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as "UNESCO") intangible cultural heritage;
6. Other matters referred to the Committee by the Administrator of the Cultural Heritage Administration for deliberation on the safeguarding and promotion of intangible cultural heritage.
(2) Subcommittees may be established under the Committee to investigate and deliberate on matters provided for in the subparagraphs of paragraph (1) for specific types of intangible cultural heritage.
(3) Each subcommittee established under paragraph (2) may call joint meetings with other subcommittees (hereinafter referred to as "joint subcommittee"), if necessary for investigations, deliberation, etc.
(4) Matters necessary for the organization and operation of the Committee, subcommittees, and joint subcommittees, allocation of functions among them, etc. shall be prescribed by Presidential Decree.
 Article 11 (Preparation and Disclosure of Minutes)
(1) The Committee, subcommittees, and joint subcommittees shall prepare meeting minutes, including the following matters. In such cases, stenographic notes, audio or video recordings may be made, if deemed necessary:
1. Date, time, and venue of the meeting;
2. Members present;
3. Matters deliberated upon and resolutions passed.
(2) The minutes of meetings prepared under paragraph (1) shall be made public: Provided, That a committee may resolve not to disclose meeting minutes in circumstances prescribed by Presidential Decree, such as where disclosing the meeting minutes economically prejudices a specific person or invades the privacy of a specific person.
CHAPTER III DESIGNATION, ETC. OF NATIONAL INTANGIBLE CULTURAL HERITAGE
 Article 12 (Designation of National Intangible Cultural Heritage)
(1) The Administrator of the Cultural Heritage Administration may designate significant intangible cultural heritage as national intangible cultural heritage following deliberation by the Committee.
(2) Matters necessary for criteria and procedures for the designation of national intangible cultural heritage, etc. shall be prescribed by Presidential Decree.
 Article 13 (Designation of National Intangible Cultural Heritage in Need of Urgent Safeguarding)
(1) The Administrator of the Cultural Heritage Administration may designate national intangible cultural heritage in need of urgent safeguarding among intangible cultural heritage, following deliberation by the Committee, in order to urgently safeguard specific intangible cultural heritage in danger of disappearance.
(2) The Administrator of the Cultural Heritage Administration may provide the following support for national intangible cultural heritage in need of urgent safeguarding, designated pursuant to paragraph (1):
1. Artistic, technical, and scientific research;
2. Discovery of successors;
3. Successor training and activities for transmitting intangible cultural heritage;
4. Documentation of intangible cultural heritage.
(3) Matters necessary for requirements and procedures for the designation of national intangible cultural heritage in need of urgent safeguarding, etc. shall be prescribed by Presidential Decree.
 Article 14 (Public Notice of Designation of National Intangible Cultural Heritage, etc. and Time when Designation Takes Effect)
(1) Upon designating national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding, the Administrator of the Cultural Heritage Administration shall give public notice of the objectives and details of such designation in the official gazette.
(2) Designation of national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding shall take effect on the date on which the designation is publicly notified in the official gazette pursuant to paragraph (1).
 Article 15 (Cancellation of Designation or Recognition)
Where it is found that designation under Articles 12 and 13, or recognition under Articles 17 through 19 is made by fraud or other improper means, the Administrator of the Cultural Heritage Administration shall cancel such designation or recognition.
 Article 16 (Revocation of Designation as National Intangible Cultural Heritage, etc.)
(1) The Administrator of the Cultural Heritage Administration may revoke the designation of national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding, following deliberation by the Committee, if:
1. The value of that national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding has been lost;
2. The transmission of that national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding is interrupted or becomes impossible;
3. The urgent danger has substantially ceased.
(2) Article 14 shall apply mutatis mutandis to the public notice of the revocation of designation under paragraph (1) and the time such designation takes effect.
CHAPTER IV RECOGNITION OF HOLDERS, GROUP HOLDERS, ETC.
 Article 17 (Recognition of Holders, etc.)
(1) When designating national intangible cultural heritage, the Administrator of the Cultural Heritage Administration shall recognize a holder or group holder of that national intangible cultural heritage: Provided, That the foregoing shall not apply where it is impracticable to recognize a holder or group holder of that national intangible cultural heritage by the nature of such national intangible cultural heritage, as prescribed by Presidential Decree.
(2) A group holder of intangible cultural heritage recognized pursuant to paragraph (1) shall be a non-profit corporation incorporated with the permission of the Administrator of the Cultural Heritage Administration pursuant to Article 32 of the Civil Act.
(3) The Administrator of the Cultural Heritage Administration may recognize another holder or group holder of national intangible cultural heritage, in addition to the holder or group holder of that intangible cultural heritage recognized pursuant to paragraph (1).
(4) Matters necessary for criteria, procedures, etc. for the recognition of holders, etc. shall be prescribed by Presidential Decree.
 Article 18 (Recognition of Honorary Holders)
(1) In any of the following circumstances, the Administrator of the Cultural Heritage Administration may recognize a holder of national intangible cultural heritage as an honorary holder in consideration of his/her achievements in providing successor training and engaging in activities for transmitting such heritage, following deliberation by the Committee. In such cases, recognition as the holder of that national intangible cultural heritage shall be deemed revoked upon recognition as an honorary holder:
1. Where it is difficult for him/her to provide normal successor training, or to engage in activities for transmitting intangible cultural heritage;
2. Where he/she files an application for recognition as an honorary holder.
(2) The Administrator of the Cultural Heritage Administration may provide a special subsidy to honorary holders.
(3) Matters necessary for criteria, procedures, etc. for the recognition of honorary holders shall be prescribed by Presidential Decree.
 Article 19 (Recognition of Assistant Instructors for Successor Training)
(1) The Administrator of the Cultural Heritage Administration may recognize assistant instructors for successor training, following deliberation by the Committee, from among certified trainees, to assist holders or group holders of national intangible cultural heritage in providing successor training.
(2) Matters necessary for criteria, procedures, etc. for the recognition of assistant instructors for successor training shall be prescribed by Presidential Decree.
 Article 20 (Public Notice, Notification, etc. of Recognition)
(1) Upon recognizing a holder, group holder or honorary holder of, or an assistant instructor for successor training, in national intangible cultural heritage, the Administrator of the Cultural Heritage Administration shall give public notice of the objectives and details of such recognition in the official gazette, and immediately notify the person or group recognized as the holder, group holder or honorary holder of, or assistant instructor for successor training, in that national intangible cultural heritage.
(2) Upon recognizing a holder, group holder or honorary holder of, or an assistant instructor for successor training in, a national intangible cultural heritage, the Administrator of the Cultural Heritage Administration shall issue a certificate of recognition to the person or group recognized as the holder, group holder, honorary holder or assistant instructor for successor training.
(3) The recognition as a holder, group holder or honorary holder of, or an assistant instructor for successor training in, national intangible cultural heritage shall take effect from the date on which the relevant person or group receives notice of such recognition.
(4) Matters necessary for the public notice and notification of recognition under paragraph (1), the issuance of certificates of recognition, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 21 (Revocation of Recognition as Successors, etc.)
(1) In any of the following circumstances, the Administrator of the Cultural Heritage Administration may revoke recognition as a holder, group holder or honorary holder of, or an assistant instructor for successor training in, national intangible cultural heritage, following deliberation by the Committee: Provided, That if any of the subparagraphs 1 through 4 applies to him/her or it, the Administrator of the Cultural Heritage Administration must revoke the recognition thereof:
1. Where the holder, honorary holder, or assistant instructor for successor training dies;
2. Where he/she is sentenced to a fine or greater punishment in relation to the performance, exhibition, examination, etc. of traditional culture, or is sentenced to imprisonment without labor or greater punishment for other reasons and such sentence becomes final;
3. Where he/she emigrates to a foreign country or acquires citizenship of a foreign country;
4. Where a designation of national intangible cultural heritage is revoked pursuant to Article 16;
5. Where he/she becomes ineligible as a holder of the relevant national intangible cultural heritage, due to his/her physical or mental disability etc.;
6. Where a regular inspection or reinspection conducted under Article 22 confirms that the holder, group holder, or assistant instructor for successor training has become unable to practice or teach relevant national intangible cultural as the archetype thereof, because his/her skills have noticeably deteriorated;
7. Where he/she fails to provide successor training as specified in Article 25 (2) or fails to provide assistance for such training for a year, without a compelling reason;
8. Where he/she fails to make a public presentation of the relevant national intangible cultural heritage under Article 28 (1) at least once a year, without a compelling reason;
9. Where other circumstances prescribed by Presidential Decree arise.
(2) Article 20 shall apply mutatis mutandis to the public notice and notification of the revocation of recognition under paragraph (1) and the time such revocation takes effect.
 Article 22 (Regular Inspections, etc.)
(1) The Administrator of the Cultural Heritage Administration shall regularly inspect the status of transmission, such as successor training in national intangible cultural heritage and activities for transmitting such heritage, and other matters every five years, in order to utilize the findings thereof to formulate polices to safeguard and promote national intangible cultural heritage.
(2) Where it is necessary to conduct an additional inspection after having conducted a regular inspection under paragraph (1), the Administrator of the Cultural Heritage Administration may require his/her officials to reinspect the relevant national intangible cultural heritage.
(3) Every public official who conducts an inspection pursuant to paragraphs (1) and (2) may request a successor, relevant public institution, organization, etc. to provide cooperation, such as submitting necessary data, and granting access to a place where intangible cultural heritage is situated, within the extent necessary for conducting such inspection. In such cases, the successor, relevant public institution, organization, etc. requested to provide cooperation shall provide such cooperation, unless there is a compelling reason not to do so.
(4) To conduct an inspection pursuant to paragraphs (1) and (2), prior notice of the inspection shall be given to the relevant successor, public institution, organization, etc.: Provided, That notice may be given after conducting an investigation, if it is necessary to conduct such investigation urgently.
(5) Every public official who conducts an inspection pursuant to paragraphs (1) and (2) shall carry an identification indicating his/her authority and shall show it to the persons concerned.
(6) The Administrator of the Cultural Heritage Administration may fully or partially delegate regular inspections and reinspections under paragraphs (1) and (2) to an affiliated institution or entrust the regular inspections and reinspections to a specialized institution or organization.
(7) The Administrator of the Cultural Heritage Administration shall utilize the findings of regular inspections and reinspections under paragraphs (1) and (2), to:
1. Designate national intangible cultural heritage and national intangible cultural heritage in need of urgent safeguarding, and to revoke such designations;
2. Recognize holders, group holders or honorary holders of, or assistant instructors for successor training in, national intangible cultural heritage, and to revoke such recognitions;
3. Matters concerning the safeguarding and promotion of national intangible cultural heritage and national intangible cultural heritage in need of urgent safeguarding.
(8) Matters necessary for the subject and methods of regular inspections and reinspections under paragraphs (1) and (2), etc. shall be prescribed by Presidential Decree.
 Article 23 (Matters to Be Reported)
Every successor and honorary holder of national intangible cultural heritage shall report to the Administrator of the Cultural Heritage Administration within 15 days from when his/her title or address has changed.
 Article 24 (Administrative Orders)
The Administrator of the Cultural Heritage Administration may order the following measures, if deemed necessary for realizing and enhancing the value of national intangible heritage:
1. Prohibition or restriction on certain activities by a successor of national intangible cultural heritage, if such activities damage or deteriorate the archetype of that national intangible cultural heritage;
2. Prohibition or restriction on certain activities by a successor of national intangible cultural heritage, such as successor training and public presentations of that national intangible cultural, if he/she hinders the safeguarding and promotion of such national intangible cultural heritage due to a dispute arising between him/her and any other successors of such national intangible cultural heritage;
3. Requiring a successor of national intangible cultural heritage to take other urgent measures to safeguard that national intangible cultural heritage, if deemed necessary for creating an environment in which such national intangible cultural heritage can be effectively transmitted.
CHAPTER V SUCCESSOR TRAINING AND PUBLIC PRESENTATIONS
 Article 25 (Protection and Development of National Intangible Cultural Heritage)
(1) The State shall protect and develop national intangible cultural heritage to identify and transmit traditional culture to the next generation.
(2) Holders and group holders of national intangible cultural heritage recognized pursuant to Article 17 (1) shall provide training to transmit their national intangible cultural heritage for the safeguarding and promotion thereof: Provided, That the foregoing shall not apply in cases prescribed by Presidential Decree.
(3) The State may provide subsidies and allowances for holders and group holders of national intangible cultural heritage to cover expenses incurred in providing training to transmit national intangible cultural heritage (including expenses incurred by assistant instructors for successor training in assisting successor training), within budgetary limits.
(4) The State may provide necessary support to distinguished successors of national intangible cultural heritage selected based on the recommendation from holders or group holders of national intangible cultural heritage, or from schools for successor training under Article 30: Provided, That matters regarding the methods and procedures for selecting distinguished successors, support to be provided, etc. shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15173, Dec. 12, 2017>
(5) The State or a local government may permit the gratuitous use of State property or public property established or acquired with the aim of providing successor training. <Amended by Act No. 15173, Dec. 12, 2017>
(6) Such matters as the details of, and methods for, providing subsidies and allowances to cover the expenses associated with successor training under paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 15173, Dec. 12, 2017>
 Article 26 (Certificates of Completion of Successor Training)
(1) The Administrator of the Cultural Heritage Administration shall examine skills of persons who have completed the courses for successor training (including successor training provided at a university, etc. selected under Article 30; the same shall apply hereafter in this Article) and issue a certificate of completion of successor training to such persons, as prescribed by Presidential Decree.
(2) Matters necessary for the issuance of certificates of completion and examinations under paragraph (1), etc. shall be prescribed by Presidential Decree.
 Article 27 (Successor Scholarship Recipients)
(1) The Administrator of the Cultural Heritage Administration may select successor scholarship recipients from among the persons who have received successor training in national intangible cultural heritage (excluding successor training provided at a university, etc. selected under Article 30; the same shall apply hereafter in this Article) and are recommended by the holders or group holders of that national intangible cultural heritage, to award scholarships.
(2) Matters necessary for methods and procedures for selecting successor scholarship recipients, scholarship period, etc. shall be prescribed by Presidential Decree.
 Article 28 (Obligations, etc. to Make Public Presentations of National Intangible Cultural Heritage)
(1) A holder or group holder of national intangible cultural heritage shall make a public presentation of that national intangible cultural heritage at least once a year, except in exceptional circumstances prescribed by Presidential Decree.
(2) The State may provide full or partial subsidies for the expenses incurred in relation to the public presentation of the national intangible cultural heritage under paragraph (1), within budgetary limits.
(3) Matters necessary for procedures and methods for the public presentation of national intangible cultural heritage under paragraph (1), the inspection thereof, etc. shall be prescribed by Presidential Decree.
 Article 29 (Collection of Admission Fees)
(1) A holder or group holder of national intangible cultural heritage may collect an admission fee from audiences when making a public presentation of that national intangible cultural heritage.
(2) The admission fee collectible under paragraph (1) shall be set by each holder or group holder of national intangible cultural heritage.
 Article 30 (Selection of Schools for Successor Training and Other Relevant Matters)
(1) The Administrator of the Cultural Heritage Administration may select a school from among any of the following schools which intend to provide successor training in national intangible cultural heritage (referred to as "university, etc." hereafter in this Article) following deliberation by the Committee: <Amended by Act No. 14434, Dec. 20, 2016>
1. Gukak National High School and National High School of Traditional Korean Arts founded under Article 62 of the Elementary and Secondary Education Act;
2. Schools defined under Article 2 of the Higher Education Act;
3. Korea National University of Cultural Heritage established under the Act on the Establishment of the Korea National University of Cultural Heritage.
(2) Each university, etc. that intends to provide successor training in national intangible cultural heritage shall formulate a plan for successor training, including the curriculum and educational facilities, and shall file an application with the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree.
(3) The State may provide necessary support for schools selected for successor training pursuant to paragraph (1). <Amended by Act No. 14434, Dec. 20, 2016>
(4) The Administrator of the Cultural Heritage Administration may award successor scholarships to a student who achieves academic excellence, among students receiving successor training at a school for successor training, within budgetary limits. <Amended by Act No. 14434, Dec. 20, 2016>
(5) The Administrator of the Cultural Heritage Administration may inspect the status of successor training provided by schools for successor training, conduct performance evaluations, and may provide financial support for the schools for successor training in a differential manner based on the outcomes thereof. <Amended by Act No. 14434, Dec. 20, 2016>
(6) Matters necessary for the selection and review of, support to, schools for successor training, performance evaluations, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 14434, Dec. 20, 2016>
CHAPTER VI CITY/DO INTANGIBLE CULTURAL HERITAGE
 Article 31 (Establishment of City/Do Intangible Cultural Heritage Committee)
(1) An intangible cultural heritage committee shall be established in each City/Do (hereinafter referred to as "City/Do intangible cultural heritage committee") to deliberate on matters concerning the safeguarding and promotion of intangible cultural heritage within the jurisdiction of the relevant Mayor/Do Governor.
(2) Matters concerning the organization and operation of City/Do intangible 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 safeguarding, management and utilization of intangible cultural heritage;
2. Matters concerning the commissioning and dismissal of committee members;
3. Matters concerning the establishment and operation of subcommittees;
4. Matters concerning the commission and utilization of expert committee members.
(3) A Mayor/Do Governor who intends to request the Administrator of the Cultural Heritage Administration to designate any City/Do intangible cultural heritage under his/her jurisdiction as national intangible cultural heritage shall undergo prior deliberation thereon by the relevant City/Do intangible cultural heritage committee.
 Article 32 (Designation, etc. of City/Do Intangible Cultural Heritage, etc.)
(1) A Mayor/Do Governor may designate intangible cultural heritage worthy of safeguarding within his/her jurisdiction as City/Do intangible cultural heritage, which are not designated as national intangible cultural heritage, following deliberation by the City/Do intangible cultural heritage committee: Provided, That he/she shall hold prior consultations with the Administrator of the Cultural Heritage Administration where the intangible cultural heritage he/she intends to designate as City/Do intangible cultural heritage has been designated as national intangible cultural heritage.
(2) In designating City/Do intangible cultural heritage, a Mayor/Do Governor may recognize a holder or group holder of that City/Do intangible cultural heritage, from among persons or groups other than holders or group holders of national intangible cultural heritage.
(3) Where a holder or group holder of, or an assistant instructor for successor training in, City/Do intangible cultural heritage is recognized as a holder or group holder of, or an assistant instructor for successor training in, national intangible cultural heritage, the recognition as the holder or group holder of, or the assistant instructor for successor training in, that City/Do intangible cultural heritage shall be deemed revoked.
(4) The Administrator of the Cultural Heritage Administration may recommend a Mayor/Do Governor to designate intangible cultural heritage deemed necessary following deliberation by the Committee as City/Do intangible cultural heritage.
(5) A Mayor/Do Governor may designate intangible cultural heritage in danger of disappearance as City/Do intangible cultural heritage in need of urgent safeguarding following deliberation by the relevant City/Do intangible cultural heritage committee, among City/Do intangible cultural heritage within his/her jurisdiction, which is not designated as national intangible cultural heritage in need of urgent safeguarding.
(6) Upon designating City/Do intangible cultural heritage pursuant to paragraph (1) or City/Do intangible cultural heritage in need of urgent safeguarding pursuant to paragraph (5), the name of the relevant City/Do shall be included in such intangible cultural heritage.
 Article 33 (Matters to Be Reported)
Where any of the following events occurs, a Mayor/Do Governor shall report to the Administrator of the Cultural Heritage Administration within 15 days from the date of occurrence of such event:
1. Where he/she designates City/Do intangible cultural heritage or revokes such designation;
2. Where he/she designates City/Do intangible cultural heritage in need of urgent safeguarding or revokes such designation;
3. Where he/she recognizes a holder, group holder or honorary holder of, or an assistant instructor for successor training in, City/Do intangible cultural heritage or revokes such recognition;
4. Where any administrative order issued in relation to City/Do intangible cultural heritage is violated.
 Article 34 (Assignment of Experts)
Each Mayor/Do Governor shall endeavor to assign experts in intangible cultural heritage to the relevant local government.
 Article 35 (Provisions Applicable Mutatis Mutandis)
Articles 12 through 30 shall apply mutatis mutandis to the designation of City/Do intangible cultural heritage and City/Do intangible cultural heritage in need of urgent safeguarding; cancellation or revocation of such designation; public notice of such designation; the time such designation takes effect; recognition of holders, group holders or honorary holders of, or assistant instructors for successor training in, City/Do intangible cultural heritage; cancellation or revocation of such recognition; public notice and notification of such recognition; the time such recognition takes effect; regular inspections, matters to be reported in relation to successors and honorary holders of City/Do intangible cultural heritage; administrative orders, successor training; certificates of completion of successor training; successor scholarship recipients; public presentation of City/Do intangible cultural heritage; collection of admission fees; and selection of schools for successor training in City/Do intangible cultural heritage. In such cases, "Administrator of the Cultural Heritage Administration" referred to in Articles 12 through 30 shall be construed as "Mayor/Do Governor," "Presidential Decree" as "municipal ordinance," "State" as "local government," "Committee" as "relevant City/Do intangible cultural heritage committee," "national intangible cultural heritage" as "City/Do intangible cultural heritage," and "national intangible cultural heritage in need of urgent safeguarding" as "City/Do intangible cultural heritage in need of urgent safeguarding," respectively. <Amended by Act No. 14434, Dec. 20, 2016>
 Article 36 (Intangible Cultural Heritage of Five North Korean Dos)
(1) Where intangible cultural heritage that is being transmitted in any region of North Korea is worthy of safeguarding, the Administrator of the Cultural Heritage Administration and the Do Governor appointed under Article 5 of the Act on Special Measures for Five North Korean Dos (referred to as "Do Governor" hereafter in this Article) may recommend the Mayor/Do Governor having jurisdiction over a region where such intangible cultural heritage is being transmitted, to designate it as City/Do intangible cultural heritage.
(2) Notwithstanding paragraph (1), the Do Governor may designate intangible cultural heritage worthy of safeguarding that is being transmitted in any region of Five North Korean Dos, but not designated as national intangible cultural heritage or City/Do intangible cultural heritage, as intangible cultural heritage of Five North Korean Dos.
(3) Matters necessary for procedures for the designation of intangible cultural heritage of Five North Korean Dos under paragraph (2), etc. shall be prescribed by the Do Governor.
CHAPTER VII PROMOTION OF INTANGIBLE CULTURAL HERITAGE
 Article 37 (Support, etc. for Transmission)
(1) The State or local governments may provide the following support, within budgetary limits, for the safeguarding and promotion of intangible cultural heritage:
1. Support to successors in purchasing raw materials for traditional craft products;
2. Support for facilities and equipment necessary for the performance, exhibition, etc. by successors;
3. Support for activities of successors for elementary and secondary education and lifelong education.
(2) The State or local governments shall endeavor to establish a facility for successor training in order to facilitate and encourage the transmission and performance of, and education about, intangible cultural heritage.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), the State or local governments may provide full or partial subsidies for the expenses incurred in relation to the safeguarding and promotion of intangible cultural heritage, within budgetary limits.
 Article 38 (Support, etc. for Education about Intangible Cultural Heritage)
The State or local governments shall endeavor to include education or lectures about intangible cultural heritage when providing support for in-school culture and arts education under Article 15 of the Culture and Arts Education Support Act and non-school culture and arts education under Article 21 of the aforesaid Act, or commencing culture courses pursuant to Article 12 of the Culture and Arts Promotion Act.
 Article 39 (Support for Events, etc.)
(1) The State, local governments and public institutions referred to in the Act on the Management of Public Institutions shall endeavor to ensure that successors of intangible cultural heritage can participate in various events and festivals.
(2) The State and local governments shall establish policies necessary for national intangible cultural heritage or City/Do intangible cultural heritage to contribute to revitalizing the tourism industry.
 Article 40 (Support for Development of Traditional Craftsmanship)
(1) The Administrator of the Cultural Heritage Administration may provide necessary support for the technological development of raw material, manufacturing process, etc. and design, commercialization, etc. in order to promote traditional craftsmanship concerning arts and crafts among intangible cultural heritage.
(2) Guidelines and procedures for providing support under paragraph (1), etc. shall be prescribed by Presidential Decree.
 Article 41 (Certification of Traditional Craft Products among Intangible Cultural Heritage)
(1) The Administrator of the Cultural Heritage Administration may provide certification (hereinafter referred to as "certification") for traditional craft products following examination for certification.
(2) The Administrator of the Cultural Heritage Administration may request a relevant successor to submit data related to certification, and may require his/her officials or relevant experts to observe the process of manufacturing the traditional craft product to be certified, if necessary.
(3) Each successor who has obtained certification may use a certification mark on the traditional craft products he/she makes.
(4) No person shall use any mark identical or similar to the certification mark prescribed by the Administrator of the Cultural Heritage Administration on uncertified products.
(5) The period of validity of certification shall be three years from the date a successor obtains the certification; such period may be extended following reexamination.
(6) Matters necessary for criteria for certification, procedures for examination of certification, methods of labeling, etc. shall be prescribed and announced by the Administrator of the Cultural Heritage Administration.
 Article 42 (Cancellation of Certification)
(1) Where a successor is found to engage in any of the following conduct in relation to certification, the Administrator of the Cultural Heritage Administration may cancel the certification: Provided, That the Administrator of the Cultural Heritage Administration must cancel such certification where the successor is found to engage in the conduct provided for in subparagraph 1:
1. Where he/she has obtained the certification by fraud or other improper means;
2. Where he/she has used the certification mark on a traditional craft product non-compliant with the criteria for certification;
3. Where he/she fails to comply with any of the standards for use of the certification mark.
(2) Specific procedures and details for the cancellation of certification shall be prescribed by Presidential Decree.
 Article 43 (Bank of Traditional Craft Products)
(1) The Administrator of the Cultural Heritage Administration may operate a bank that conducts business, such as the purchase, leasing, and exhibition of traditional craft products (hereinafter referred to as "Bank of Traditional Craft Products"), in order to facilitate the transmission of traditional craftsmanship to the next generation and to publicize the excellence of traditional craft products.
(2) Matters necessary for the operation of the Bank of Traditional Craft Products shall be prescribed and announced by the Administrator of the Cultural Heritage Administration.
 Article 44 (Support for Business Startup, Manufacturing, Distribution, etc.)
(1) The State and local governments may provide necessary support for successors of intangible cultural heritage to facilitate the business startup, manufacturing and distribution, and their entry into overseas markets.
(2) Matters necessary for guidelines and methods for providing support under paragraph (1), etc. shall be prescribed by Presidential Decree.
 Article 45 (Support for International Exchanges of Intangible Cultural Heritage)
(1) The State shall proactively promote international exchanges of intangible cultural heritage, such as overseas performances of intangible cultural heritage in the field of traditional performances and arts, overseas exhibition and sales of traditional craft products, through cooperation with international organizations and other countries.
(2) The Administrator of the Cultural Heritage Administration may provide full or partial subsidies for the expenses incurred in relation to the international exchanges of intangible cultural heritage and cooperation with international organizations and other countries under paragraph (1), within budgetary limits.
 Article 46 (Promotion Center of Korean Intangible Cultural Heritage)
The Administrator of the Cultural Heritage Administration shall establish a Promotion Center of Korean Intangible Cultural Heritage within the Korea Cultural Heritage Foundation established under Article 9 of the Cultural Heritage Protection Act, in order to efficiently support projects and activities for promoting intangible cultural heritage.
CHAPTER VIII IMPLEMENTATION OF UNESCO CONVENTION
 Article 47 (Establishment of UNESCO International Information and Networking Center for Intangible Cultural Heritage in Asia-Pacific Region)
(1) The UNESCO International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region (hereinafter referred to as the "International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region") shall be established under the jurisdiction of the Cultural Heritage Administration in order to encourage the implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage and to support the safeguarding of intangible cultural heritage in the Asia-Pacific region.
(2) The International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region shall be a corporation.
(3) The International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region shall have executive officers and necessary employees, as prescribed by the articles of incorporation.
(4) Except as otherwise expressly provided for in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region.
(5) Operating expenses of the International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region may be subsidized from the national treasury.
(6) The State or local governments may allow the International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region to gratuitously use or benefit from state property or public property, where necessary for performing its affairs.
CHAPTER IX SUPPLEMENTARY PROVISIONS
 Article 48 (Investigations and Documentation)
(1) The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall investigate the status of distribution, the status and details of transmission of intangible cultural heritage, and collect, prepare, maintain and retain the relevant documentation thereof, by means of audio recording, photographing, video recording, stenography, etc.
(2) Where deemed necessary to safeguard and transmit intangible cultural heritage, the Administrator of the Cultural Heritage Administration and each Mayor/Do Governor may entrust the investigation of the intangible cultural heritage and the collection and preparation of relevant documentation under paragraph (1) to a person or relevant research institution or organization with expertise in such intangible cultural heritage.
(3) The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall digitize the documentation collected and prepared under paragraphs (1) and (2) in order to enable every person to use such documentation.
 Article 49 (Intellectual Property Protection of Intangible Cultural Heritage)
(1) The Administrator of the Cultural Heritage Administration shall protect intangible cultural heritage against acquisition of domestic and international patents, by such means as digitalizing the details and elements of the intangible cultural heritage transmitted, and posting such details and elements on the website accredited under the Patent Cooperation Treaty in order to seek domestic and international patent protection for such intangible cultural heritage.
(2) The Administrator of the Cultural Heritage Administration shall endeavor to create advanced knowledge or craftsmanship from intangible cultural heritage, in order to facilitate the transmission of the intangible cultural heritage, and shall take measures necessary to protect the intellectual property of successors, as provided for in the Framework Act on Intellectual Property.
 Article 50 (Honorable Treatment of Living Human Treasures)
The State, local governments, public institutions referred to in the Act on the Management of Public Institutions, local government-invested public corporations or local government public corporations established under the Local Public Enterprises Act shall accord tax benefits, provide reductions in, or exemptions from, fees for use of public facilities, and implement other necessary policies, in order to facilitate the living human treasures’ activities for transmission.
 Article 51 (Prohibition of Using Similar Titles)
No person, other than a holder, group holder, honorary holder, assistant instructor for successor training, and certified trainee recognized under this Act, shall use any of the words “holder,” “group holder,” “honorary holder,” “assistant instructor for successor training,” “certified training,” or any similar name in his/her title.
 Article 52 (Hearings)
The Administrator of the Cultural Heritage Administration shall hold a hearing under the Administrative Procedures Act to take any of the following measures:
1. Cancellation of designation or recognition under Article 15;
2. Revocation of designation under Article 16;
3. Revocation of recognition under Article 21;
4. Cancellation of certification under Article 42.
 Article 53 (Investigations by Relevant Experts, etc.)
(1) In order to designate national intangible cultural heritage under Article 12, national intangible cultural heritage in need of urgent safeguarding under Article 13, and to recognize a holder or group holder under Article 17, an honorary holder under Article 18, or an assistant instructor for successor training under Article 19, the Administrator of the Cultural Heritage Administration shall require members of the Committee or technical experts in the relevant field, or at least three experts who have extensive knowledge of, and experience in, that intangible cultural heritage to conduct necessary investigations.
(2) Matters necessary for methods, procedures, etc. for investigations conducted by relevant experts, etc. shall be prescribed by Presidential Decree.
 Article 54 (Delegation and Entrustment of Authority)
The Administrator of the Cultural Heritage Administration may fully or partially delegate his/her authority vested under this Act to each Mayor/Do Governor or the head of an affiliated institution, or fully or partially delegate his/her authority vested under this Act to an institution, corporation, organization, etc. established for the safeguarding and promotion of the intangible cultural heritage.
 Article 55 (Deemed Public Officials for Purposes of Penalty Provisions)
Each of the following persons shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act:
1. A member of the Committee (including a member of each City/Do intangible cultural heritage committee established under Article 31 (1)) that investigates into, and deliberates on, matters concerning the safeguarding and promotion of cultural heritage under Article 9 (1);
2. A person who conducts a regular inspection and reinspection under Article 22 (6) under entrustment by the Administrator of the Cultural Heritage Administration;
3. A relevant expert, etc. who conducts an investigation under Article 53;
4. A person who performs affairs entrusted by the Administrator of the Cultural Heritage Administration under Article 54.
CHAPTER X PENALTY PROVISIONS
 Article 56 (Violations, etc. of Administrative Orders)
Any person who violates an order issued under Article 24 (including where the same provisions apply mutatis mutandis under Article 35) without good cause, shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding thirty million won.
 Article 57 (Violations of Hindering Management, etc.)
Each of the following persons shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding twenty million won:
1. A person who refuses to provide cooperation under the forepart of Article 22 (3) (including where the same provisions apply mutatis mutandis under Article 35) unless there is a compelling reason to do so;
2. A person recognized as a holder, group holder, honorary holder, or assistant instructor for successor training by fraud or other improper means;
3. A person who files a false report or false statement.
 Article 58 (Administrative Fines)
(1) Each of the following persons shall be subject to an administrative fine not exceeding ten million won:
1. A person who violates Article 41 (4);
2. A person who violates Article 51.
(2) The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall impose and collect administrative fines provided for in paragraph (1), as prescribed by Presidential Decree or municipal ordinance.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Designation of Intangible Cultural Heritage)
Important intangible cultural heritage and City/Do intangible cultural heritage designated under the former Cultural Heritage Protection Act as at the time this Act enters into force shall be deemed designated as national intangible cultural heritage under Article 12 and City/Do intangible cultural heritage under Article 32, respectively.
Article 3 (Transitional Measures concerning Holders, etc. of Intangible Cultural Heritage)
A holder, group holder or honorary holder of, or assistant instructor for successor training in, important intangible cultural heritage, a person issued with a certificate of completion, and a successor scholarship recipient recognized and selected under the former Cultural Heritage Protection Act as at the time this Act enters into force shall be deemed a holder, group holder or honorary holder of, assistant instructor for successor training in, national intangible cultural heritage, a certified trainee, and a successor scholarship recipient recognized and selected under Articles 17, 18, 19, 26, and 27: Provided, That any group holder of national intangible cultural heritage which is not a non-profit corporation under the jurisdiction of the Cultural Heritage Administration, shall obtain permission to incorporate a corporation from the Administrator of the Cultural Heritage Administration pursuant to related statutes within one year after this Act enters into force.
Article 4 (Transitional Measures concerning Conduct, etc. of Administrative Agencies)
Any conduct engaged in by or against an administrative agency in relation to the safeguarding, management, and utilization of important intangible cultural heritage under the former Cultural Heritage Protection Act as at the time this Act enters into force, shall be deemed the conduct engaged in by or against a corresponding administrative agency under this Act.
Article 5 (Transitional Measures concerning Penalty Provisions, etc.)
The former Cultural Heritage Protection Act shall govern the application of penalty provisions and administrative fines for any violation committed before this Act enters into force.
Article 6 Omitted.
Article 7 (Relationship to Other Statutes)
A citation of the former Cultural Heritage Protection Act or any provisions thereof in other statutes as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions of this Act, in lieu of the former Cultural Heritage Protection Act or the provisions thereof, if such corresponding provisions exist herein.
ADDENDUM <Act No. 14434, Dec. 20, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15173, Dec. 12, 2017>
This Act shall enter into force six months after the date of its promulgation.