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ENFORCEMENT DECREE OF THE ACT ON PROTECTION AND INSPECTION OF BURIED CULTURAL HERITAGE

Presidential Decree No. 22649, Jan. 28, 2011

Amended by Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23994, Jul. 26, 2012

Presidential Decree No. 25916, Dec. 30, 2014

Presidential Decree No. 26458, Aug. 3, 2015

Presidential Decree No. 26754, Dec. 22, 2015

Presidential Decree No. 26774, Dec. 30, 2015

Presidential Decree No. 27212, jun. 8, 2016

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27584, Nov. 15, 2016

Presidential Decree No. 28151, jun. 27, 2017

Presidential Decree No. 28471, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Act on Protection and Inspection of Buried Cultural Heritage and matters necessary for the enforcement thereof.
 Article 2 (Definition of Buried Cultural Heritage)
"Objects deemed to have outstanding geological value under Presidential Decree" referred to in subparagraph 3 of Article 2 of the Act on Protection and Inspection of Buried Cultural Heritage (hereinafter referred to as the "Act") are as specified in attached Table 1.
 Article 3 (Scope, etc. of Areas of Buried Cultural Heritage)
(1) Areas in which any buried cultural heritage is deemed to exist (hereinafter referred to as "areas of buried cultural heritage") are as follows: <Amended by Presidential Decree No. 25916, Dec. 30, 2014>
1. An area indicated in the cultural relic distribution maps drawn by the State and local governments to contain any buried cultural heritage;
2. An area where any buried cultural heritage is indicated to exist by a ground surface inspection report submitted under Article 7 (2) of the Act and deemed by the Administrator of the Cultural Heritage Administration as properly written;
3. An area where any buried cultural heritage excavated therefrom is preserved under Article 14 of the Act;
4. An area where any buried cultural heritage is deemed to exist after the discovery report and verification procedure conducted under Article 17 of the Act;
5. An area where the cultural heritage designated by the State under Article 2 (2) 1 of the Cultural Heritage Protection Act, the cultural heritage designated by City/Do under Article 2 (2) 2 of the aforesaid Act, or the cultural heritage provisionally designated under Article 32 of the aforesaid Act exists;
6. An area where any buried cultural heritage is deemed to exist, as a result of an inspection conducted by the Administrator of the Cultural Heritage Administration on buried cultural heritage in a protection zone under Article 2 (4) of the Cultural Heritage Protection Act;
7. An area of buried cultural heritage defined under any subparagraph of Article 13 (1) of the Act.
(2) The Administrator of the Cultural Heritage Administration shall constantly maintain and manage information electronically on the location of the areas of buried cultural heritage and shall publish such information on the website, etc. of the Cultural Heritage Administration.
(3) The head of each local government may present his/her opinions on the appropriateness of an area of buried cultural heritage under paragraph (1), current topographical conditions of such area, etc. to the Administrator of the Cultural Heritage Administration.
(4) Matters necessary for a method for describing information in detail on the location of an area of buried cultural heritage, disclosure of additional information on such area, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
CHAPTER II GROUND SURFACE INSPECTION FOR BURIED CULTURAL HERITAGE
 Article 4 (Projects, etc. Subject to Ground Surface Inspection)
(1) "Construction works prescribed by Presidential Decree" in Article 6 (1) of the Act means the following construction works. In such cases, construction works where the total area of a project reaches at least the scale specified in subparagraph 1 or 2 as a result of developing an area successively in divisions or developing adjoining areas, for an identical purpose, shall be included in such cases: <Amended by Presidential Decree No. 23994, Jul. 26, 2012; Presidential Decree No. 26458, Aug. 3, 2015; Presidential Decree No. 27212, Jun. 8, 2016>
1. Construction works implemented in the land, where the area of a project (excluding an area of buried cultural heritage and the area specified in paragraph (5) 1 or 2; the same shall apply hereafter in this Article) is at least 30,000 square meters;
2. Constructions works implemented in inland water defined under subparagraph 1 of Article 2 of the Inland Water Fisheries Act, where the area of a project is at least 30,000 square meters: Provided, That, if the project is for extracting aggregate from inland water, the project area shall be at least 15,000 square meters;
3. Construction works implemented in a coast defined under subparagraph 1 of Article 2 of the Coast Management Act, where the area of a project is at least 30,000 square meters: Provided, That, if the project is for extracting aggregate from the coast, the project area shall be at least 15,000 square meters;
4. Any of the following construction works, the project area of which is less than those specified in subparagraphs 1 through 3, for which the head of the relevant local government deems it necessary to inspect a ground surface of buried cultural heritage under Article 6 (1) of the Act (hereinafter referred to as "ground surface inspection"):
(a) Construction works implemented in an area where buried cultural heritage was previously excavated or discovered;
(b) Construction works implemented in an area where cultural heritage is highly likely to be buried, according to history books, ascertained records, or research findings by relevant academic circles, etc.;
(c) Construction works implemented in an area equivalent to those specified in item (a) or (b) and determined by municipal ordinance of a local government;
(d) and (e) Deleted. <by Presidential Decree No. 26458, Aug. 3, 2015>
(2) If the head of a local government deems it necessary to conduct a ground surface inspection under paragraph (1) 4, he/she shall notify the implementer of the relevant construction works that the construction works are subject to a ground surface inspection. <Newly Inserted by Presidential Decree No. 26458, Aug. 3, 2015>
(3) If the implementer of construction works has an objection to the notice given under paragraph (2), he/she may file an objection with the head of the relevant local government within 15 days from the date he/she receives such notice. <Newly Inserted by Presidential Decree No. 26458, Aug. 3, 2015>
(4) Upon receipt of an objection under paragraph (3), the head of the relevant local government shall hear the opinion of the Administrator of the Cultural Heritage Administration and then notify the implementer of the relevant construction works of his/her determination on the objection within ten days from the date such objection is filed. <Newly Inserted by Presidential Decree No. 26458, Aug. 3, 2015>
(5) Notwithstanding paragraph (1), any of the following construction works may be implemented with no ground surface inspection: Provided, That in the case of subparagraphs 1 through 3, the implementer of construction works shall objectively prove, before the implementation thereof, that the construction works are subject to implementation without ground surface inspection: <Amended by Presidential Decree No. 26458, Aug. 3, 2015>
1. Construction works implemented in an area where earth cutting or excavation has already destroyed the strata containing relics, remains, etc.;
2. Construction works implemented in an area where the reclamation of public water, the dredging of the river or sea floor, or the extraction of minerals has already been performed;
3. Construction works implemented in an area covered with soil to the extent that the geographical features prior to covering are not damaged;
4. Planting, felling, or thinning of standing trees or bamboo in existing forest areas.
 Article 5 (Procedure, etc. for Ground Surface Inspection)
(1) The implementer of construction works under Article 6 of the Act shall submit a report on the ground surface inspection conducted under Article 7 (2) of the Act (hereinafter referred to as "ground surface inspection report") to the head of a local government having jurisdiction over the relevant project site and the Administrator of the Cultural Heritage Administration simultaneously within 20 days from the date the ground surface inspection is completed. In such cases, the ground surface inspection report shall be accompanied by the following documents: <Amended by Presidential Decree No. 26458, Aug. 3, 2015>
1. A location map of the prearranged project site on a scale of at least 1:10,000;
2. A plan for construction works (including a plan for underground excavation, a plan for architectural works, a landscaping plan, and other data with which it is possible to ascertain the changes in the form and quality of land in detail).
(2) A ground surface inspection report shall include the following matters:
1. Results of literature research on history, archeology, folklore, geology, and the natural environment of the relevant project site;
2. Results of the on-site survey on the areas where relics and remains are distributed within the relevant project site, and on folklore, old buildings (including modern buildings), geology, the natural environment, etc. in such areas;
3. Opinions of the institution that conducted the ground surface inspection in the relevant project site for buried cultural heritage under Article 24 of the Act (hereinafter referred to as "inspection institution").
(3) The head of a local government shall examine the following matters in the ground surface inspection report and shall then present his/her opinion thereon to the Administrator of the Cultural Heritage Administration within seven days from the date the report is submitted: <Amended by Presidential Decree No. 26458, Aug. 3, 2015>
1. Whether the relevant project site can be deemed as an area of buried cultural heritage;
2. Whether the nature or method of the relevant construction works falls under any of the cases specified in Article 6 (1);
3. Other impact of the relevant construction works on buried cultural heritage and its scenary.
(4) The Administrator of the Cultural Heritage Administration may disclose a ground surface inspection report and electronic files to the public, if the person who has rights to such works consents to such disclosure.
(5) "The construction works specified by Presidential Decree" in the proviso to Article 7 (3) of the act means construction works implemented in a project area of less than 30,000 square meters: Provided, That the constructions works implemented by any of the following persons shall be excluded herefrom: <Newly Inserted by Presidential Decree No. 25916, Dec. 30, 2014>
1. The State;
2. A local government;
3. A public institution under the Act on the Management of Public Institutions;
4. A local public enterprise under the Local Public Enterprises Act;
5. A corporation with capital, at least one half of which has been invested by a local government-funded public corporation under the Local Public Enterprises Act within the scope by which such public corporation is permitted to invest under Article 47-2 of the Enforcement Decree of the aforesaid Act;
6. The Korean Broadcasting System under the Broadcasting Act;
7. The Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act.
 Article 6 (Consultation, etc. according to Outcomes of Ground Surface Inspections)
(1) "A development project prescribed by Presidential Decree" in Article 8 (1) of the Act means any of the following development projects:
1. A project that involves soil embankment or underground excavation;
2. A project that involves the extraction of aggregate from inland water defined under subparagraph 1 of Article 2 of the Inland Water Fisheries Act or the coast defined under subparagraph 1 of Article 2 of the Coast Management Act;
3. A project that involves submersion;
4. A project that involves any other change in the form or quality of land.
(2) If the Administrator of the Cultural Heritage Administration deems it necessary for the protection of buried cultural heritage under Article 8 (2) of the Act, he/she may issue an order to amend a project plan or to take other necessary measures.
(3) If the Administrator of the Cultural Heritage Administration intends to issue an order to take necessary measures under paragraph (2), he/she shall hear the opinion of the person who intends to implement the relevant project or its stakeholders.
(4) When the Administrator of the Cultural Heritage Administration issues an order to take necessary measures under paragraph (2), he/she shall notify the head of a local government having jurisdiction over the relevant project site thereof.
(5) When the head of a local government reviews measures for the protection of an area of buried cultural heritage under Article 8 (3) of the Act, he/she shall hear opinions from at least two experts in buried cultural heritage specified by Ordinance of the Ministry of Culture, Sports and Tourism. In such cases, the experts in buried cultural heritage shall be from different institutions. <Amended by Presidential Decree No. 25916, Dec. 30, 2014>
 Article 7 (Details, Procedures, etc. of Measures for Protection of Cultural Heritage according to Ground Surface Inspections)
(1) In order to ensure the preservation of cultural heritage, the Administrator of the Cultural Heritage Administration may order the implementer of the relevant construction works under Article 9 (1) of the Act to take the following measures to preserve the cultural heritage: <Amended by Presidential Decree No. 26458, Aug. 3, 2015>
1. Maintenance of the status quo;
2. Deleted; <by Presidential Decree No. 26458, Aug. 3, 2015>
3. Inspection in the presence of the relevant experts during construction works;
4. Excavation and inspection of buried cultural heritage;
5. Reporting of discovery of buried cultural heritage.
(2) With regard to the following constructions works, the Administrator of the Cultural Heritage Administration may issue an order to take measures to preserve cultural heritage under paragraph (1), after deliberation by the Cultural Heritage Committee under Article 8 of the Cultural Heritage Protection Act (hereinafter referred to as the "Cultural Heritage Committee"). In such cases, if the implementer of construction works who submitted a ground surface inspection report under Article 5 (1) requests the Administrator of the Cultural Heritage Administration to refer the relevant case to the Cultural Heritage Committee for deliberation in connection with the order to take measures to preserve cultural heritage under paragraph (1), the Administrator of the Cultural Heritage Administration shall bring the case before the Cultural Heritage Committee for deliberation. <Amended by Presidential Decree No. 23994, Jul. 26, 2012>
1. Construction works implemented in any of the State-designated cultural heritage under Article 2 (2) 1 of the Cultural Heritage Protection Act, any of the City/Do-designated cultural heritage under Article 2 (2) 2 of the aforesaid Act, or any of the protection zones under Article 2 (4) of the aforesaid Act;
2. Construction works implemented in a historical and cultural environment preservation and promotion district or a historical and cultural environment special preservation district designated under Article 10 (1) of the Special Act on the Preservation and Promotion of Ancient Cities;
3. Deleted. <by Presidential Decree No. 27212, Jun. 8, 2016>
(3) When the Administrator of the Cultural Heritage Administration intends to issue an order to take measures to preserve cultural heritage under paragraph (1) (excluding the cases where deliberation by the Cultural Heritage Committee is completed), he/she may hear opinions from at least three experts in the buried cultural assets specified by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted by Presidential Decree No. 27212, Jun. 8, 2016>
(4) The Administrator of the Cultural Heritage Administration shall order the implementer of the relevant construction works to take measures to preserve cultural heritage under paragraph (1) within ten days from the date when a ground surface inspection report is submitted under Article 5 (1) (referring to the period specified in either of the following items in either of the following cases) and shall notify the head of the agency with authority to permit the relevant construction works thereof: <Amended by Presidential Decree No. 27212, Jun. 8, 2016>
1. Where deliberation by the Cultural Heritage Committee is required under paragraph (2): Seven days from the date on which deliberation by the Cultural Heritage Committee is completed;
2. Where opinions are sought from experts in buried cultural heritage under paragraph (3): Seven days from the date on which experts' opinions are heard.
(5) Further details about the measures to be taken to preserve cultural heritage under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
CHAPTER III EXCAVATION AND INSPECTION OF BURIED CULTURAL HERITAGE
 Article 8 (Methods etc. for Permitting Excavation)
(1) With regard to any of the following projects falling under Article 11 (1) of the Act, the Administrator of the Cultural Heritage Administration shall make a decision on whether to permit excavation, after deliberation by the Cultural Heritage Committee thereon. <Amended by Presidential Decree No. 26458, Aug. 3, 2015>
1. A project referred to in Article 7 (2) 1 or 2;
2. A project where impartiality in conducting the relevant affairs is likely to be impaired in view of the relationship between an inspection institution and a person who intends to obtain an excavation permit in relation to investment, etc.;
3. A project where excavation takes at least 200 days;
4. Where excavation period, excavation costs, or human resources participating in excavation significantly fall short of the service pricing standards determined by the Administrator of the Cultural Heritage Administration under Article 27 of the Act, thereby increasing the likelihood of poor performance in the excavation and inspection of buried cultural heritage.
(2) Where it is inevitable to excavate buried cultural heritage due to the high risk of destruction, the implementer of the relevant construction works shall obtain an excavation permit from the Administrator of the Cultural Heritage Administration in accordance with Article 11 (1) 3 of the Act.
(3) When the Administrator of the Cultural Heritage Administration grants an excavation permit under Article 11 of the Act, he/she shall give notice of details thereof simultaneously to both the applicant and the head of a local government having jurisdiction over the relevant project site.
 Article 9 (Revocation, etc. of Permission)
(1) Where the Administrator of the Cultural Heritage Administration grants an excavation permit under the proviso to Article 11 (1) or Article 11 (2) of the Act, he/she may attach additional clauses as necessary for accomplishing the objectives of the permission, such as the time of effectuation of the permission following the acquisition of rights to the relevant land.
(2) If the implementer of construction works to whom an excavation permit has been granted under the proviso to Article 11 (1) or Article 11 (2) of the Act breaches any term or condition of the permission (including additional clauses) or any requirement with which the implementer shall comply in excavation or violates any instruction, the Administrator of the Cultural Heritage Administration may revoke the permission.
(3) When the Administrator of the Cultural Heritage Administration intends to revoke an excavation permit under paragraph (2), he/she shall hold a hearing.
(4) If the occurrence of any of the following events makes it impossible to continue the excavation of buried cultural heritage, the Administrator of the Cultural Heritage Administration may issue an order to discontinue or suspend excavation for a period specified under Article 11 (2) of the Act:
1. Where any academically important relic or remain is excavated;
2. Where the inspection institution changes or reduces human resources of the excavation and inspection team during excavation and inspection.
(5) If the head of a local government having jurisdiction over the relevant project site becomes aware of a breach or a violation referred to in paragraph (2) or the occurrence of any of the events referred to in paragraph (4), he/she may request the Administrator of the Cultural Heritage Administration to discontinue or suspend excavation or revoke the permission.
(6) When the Administrator of the Cultural Heritage Administration issues an order to discontinue or suspend excavation or revokes an excavation permit, he/she shall notify the head of a local government having jurisdiction over the relevant project site thereof.
 Article 10 (Scope of Construction Works Eligible for Subsidization for Expenses of Excavation)
"Construction works prescribed by Presidential Decree" in the proviso to Article 11 (3) of the Act means the following construction works: Provided, That construction works implemented by the State, a local government, a public institution under the Act on the Management of Public Institutions, a local public enterprise under the Local Public Enterprises Act, a corporation with a capital at least one half of which has been invested by a local government-funded public corporation under the Local Public Enterprises Act within the scope by which such public corporation is permitted to invest under Article 47-2 of the Enforcement Decree of the aforesaid Act, the Korean Broadcasting System under the Broadcasting Act, or the Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act shall be excluded herefrom: <Amended by Presidential Decree No. 26754, Dec. 22, 2015; Presidential Decree No. 27444, Aug. 11, 2016>
1. Construction works for a detached house under subparagraph 1 of attached Table 1 of the Enforcement Decree of the Building Act, where the total floor area of the building does not exceed 264 square meters, while the area of the building site does not exceed 702 square meters: Provided, That constructions works implemented by a housing construction business operator registered under Article 4 (1) of the Housing Act shall be excluded herefrom;
2. A structure installed by a farmer defined under subparagraph 2 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry or a fisher defined under subparagraph 3 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development in order to utilize it for his/her business purposes, where the total floor area of the building does not exceed 1,322 square meters, while the area of the building site does not exceed 2,644 square meters;
3. A structure installed by a sole proprietor in order to utilize it for his/her business purposes, where the total floor area of the building does not exceed 264 square meters, while the area of the building site does not exceed 792 square meters;
4. A factory defined under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act, where the total floor area of the building does not exceed 1,322 square meters, while the area of the building site does not exceed 2,644 square meters.
 Article 11 (Application for Excavation Permit and Restriction thereon)
(1) Upon receipt of an application for an excavation permit under Article 12 (1) of the Act, the head of a local government shall present his/her opinion to the Administrator of the Cultural Heritage Administration as to whether excavation is necessary, the extent of excavation, measures for preservation appropriate for conditions of the site, etc. within seven days. <Amended by Presidential Decree No. 26458, Aug. 3, 2015>
(2) The period during which the granting of an excavation permit to a person who wishes to obtain the permit for excavating buried cultural heritage may be restricted under Article 12 (1) of the Act is as specified in attached Table 2.
 Article 12 (Procedure, etc. for Excavation of Buried Cultural Heritage by State)
(1) Pursuant to Article 13 (3) of the Act, the Administrator of the Cultural Heritage Administration shall pre-notify the owner, manager, or occupant of an area of buried cultural heritage of the purpose and method of excavation, the timing for commencement of excavation, the excavation period, etc., at least two weeks before the excavation is commenced.
(2) Upon receipt of notice under paragraph (1), the owner, manager, or occupant of an area of buried cultural heritage may present his/her opinion on the excavation to the Administrator of the Cultural Heritage Administration.
(3) If the Administrator of the Cultural Heritage Administration finds that an opinion presented by the owner, manager, or occupant of an area of buried cultural heritage under paragraph (2) is reasonable, he/she shall reflect the opinion in the excavation of buried cultural heritage.
(4) The Administrator of the Cultural Heritage Administration shall install a signboard announcing the excavation purpose, the inspection institution, the excavation period, etc. at the excavation site referred to in Article 13 (1) or (2) of the Act.
 Article 13 (Reporting of Completion of Excavation)
Upon completion of the excavation under Article 12 of the Act, the person to whom the excavation permit has been granted under Article 11 of the Act shall notify the state of excavated relics, opinions on the inspection, etc., simultaneously to the head of the local government having jurisdiction over the relevant project site and the Administrator of the Cultural Heritage Administration within 20 days from the date of completion: Provided, That the person may request the Administrator of the Cultural Heritage Administration to extend the period for reporting, if the person has a justifiable reason, such as excavation of a large amount of relics. <Amended by Presidential Decree No. 27212, Jun. 8, 2016>
 Article 14 (Assessment of Measures Taken to Preserve Excavated, Buried Cultural Heritage)
(1) In order to issue an instruction to take measures for the on-site preservation, preservation by relocation, or preservation of records with respect to an excavated cultural asset pursuant to Article 14 (1) of the Act, the Administrator of the Cultural Heritage Administration shall assess the following factors:
1. Value of the buried cultural asset: Historical value, contemporary characteristics, scarcity, and local characteristics of the buried cultural asset;
2. State of preservation of the buried cultural asset: the state of preservation of the inside, outside, and surroundings of the buried cultural asset;
3. Utilization of the buried cultural asset: Accessibility to, and usability of, the buried cultural asset, harmony with surrounding landscape, and connectivity with surrounding tourism resources;
4. Interests adversely affected by measures for preservation: Public and private interests adversely affected by measures for preserving the buried cultural asset.
(2) When a person who has been instructed to take measures for on-site preservation or preservation by relocation under Article 14 (1) of the Act intends to report the results of the measures taken for such preservation pursuant to Article 14 (3) of the Act, the person shall submit a report on the results in the form prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, along with the following materials:
1. Documents about the completion of works;
2. Land survey drawings;
3. Photos of the site where measures for preservation have been taken;
4. A future management plan.
[This Article Wholly Amended by Presidential Decree No. 28151, Jun. 27, 2017]
 Article 14-2 (Public Notification, etc. of Measures for Preservation of Buried Cultural Heritage)
(1) When the Administrator of the Cultural Heritage Administration issues an instruction to take preservation measures under Article 14 (1) 1 or 2 of the Act, he/she shall publish the following matters in the Official Gazette: <Amended by Presidential Decree No. 27212, Jun. 8, 2016; Presidential Decree No. 28151, Jun. 27, 2017>
1. The name of the buried cultural heritage for which he/she instructs to take preservation measures;
2. The area or quantity of the buried cultural heritage for which he/she instructs to take preservation measures;
3. The location or storage place of the buried cultural heritage for which he/she instructs to take preservation measures.
(2) If a person instructed to take preservation measures under Article 14 (1) of the Act is not the owner or manager of the excavated buried cultural heritage, the Administrator of the Cultural Heritage Administration shall notify the owner or manager of the excavated buried cultural heritage that he/she has instructed to take preservation measures. <Amended by Presidential Decree No. 28151, Jun. 27, 2017>
[This Article Newly Inserted by Presidential Decree No. 26458, Aug. 3, 2015]
 Article 14-3 (Cancellation of Preservation Measures)
If the buried cultural heritage, for which the Administrator of the Cultural Heritage Administration instructed to take preservation measures under Article 14 of the Act, loses its value or it is deemed unnecessary to take measures for preservation of such buried cultural heritage according to the appraisal results, the Administrator of the Cultural Heritage Administration may cancel the preservation measures, after deliberation by the Cultural Heritage Committee. <Amended by Presidential Decree No. 28151, Jun. 27, 2017>
[This Article Newly Inserted by Presidential Decree No. 26458, Aug. 3, 2015]
 Article 15 (Submission of Excavation and Inspection Reports)
(1) A person to whom an excavation permit has been granted under Article 11 of the Act (referring to an institution that directly carries out excavation, if the person to whom such permission has been granted is not the inspection institution that directly inspects the buried cultural heritage; the same shall apply hereafter in this paragraph) shall submit a report on the outcomes of excavation (hereinafter referred to as "excavation and inspection report") to the Administrator of the Cultural Heritage Administration. In such cases, if the person to whom an excavation permit has been granted agrees, the Administrator of the Cultural Heritage Administration may receive electronic files additionally.
(2) Matters to be included in excavation and inspection reports under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(3) The Administrator of the Cultural Heritage Administration may disclose the excavation and inspection report and electronic files submitted under paragraph (1) to the public, if a person who has rights to such works agrees on disclosure.
 Article 16 (Methods, etc. for Permission for Changes in Status Quo of Buried Cultural Heritage)
Articles 8 through 15 shall apply mutatis mutandis to the methods, procedure, etc. for permitting changes in the status quo of buried cultural heritage under Article 16 of the Act. In such cases, the term "excavation" shall be construed as "change in the status quo," and the term "excavation permit" as "permission for a change in the status quo," respectively.
CHAPTER IV DISPOSAL, ETC. OF BURIED CULTURAL HERITAGE AFTER REPORTING DISCOVERY
 Article 17 (Reporting of Discovery)
(1) A report on discovery under Article 17 of the Act shall be made in person or by telephone or any other means of communications within seven days from the date of discovery of buried cultural heritage.
(2) Reports under paragraph (1) may be presented to any of the following authorities. In such cases, a report shall be deemed made to the Administrator of the Cultural Heritage Administration on the date the report is filed with the relevant authority:
1. The chief of the police station having jurisdiction over the place where buried cultural heritage was discovered or the Governor of Jeju Special Self-Governing Province in which a municipal police unit has been established;
2. The head of a Si/Gun/Gu having jurisdiction over the place where buried cultural heritage was discovered (the head of a Gu means the head of an autonomous Gu; hereafter referred to as the "head of a Si/Gun/Gu" in this Article).
(3) Upon receipt of the report of discovery under paragraph (2), the relevant authority shall promptly give notice of the discovery to the Administrator of the Cultural Heritage Administration, along with the required documents specified by Ordinance of the Ministry of Culture, Sports and Tourism.
(4) Upon receipt of the report of discovery under paragraph (2), the head of a Si/Gun/Gu shall notify the chief of the relevant police station of the discovery immediately. If he/she has been presented with buried cultural heritage by the person who reported the discovery, in such cases, the buried cultural heritage shall be transferred to the chief of the relevant police station.
 Article 18 (Procedure for Ascertainment of Ownership of Cultural Heritage Reported Discovered)
(1) Any person who wishes to have his/her ownership of cultural heritage ascertained under Article 20 (1) of the Act shall file an application for ascertainment of ownership with the Administrator of the Cultural Heritage Administration, along with materials evidencing that the applicant is the owner of the cultural heritage, within 90 days after the public notice given under Article 18 (2) or 19 (1) of the Act.
(2) Upon receipt of an application for ascertainment of ownership under paragraph (1), the Administrator of the Cultural Heritage Administration shall determine as to whether such ownership exists, within 60 days after the lapse of 90 days from the date the public notice is given under Article 18 (2) or 19 (1) of the Act. In such cases, the Administrator of the Cultural Heritage Administration shall hear opinions from the relevant cultural heritage experts, legal experts, stakeholders, and related institutions. <Amended by Presidential Decree No. 25916, Dec. 30, 2014>
 Article 19 (Scope of Cultural Heritage Subject to Reversion to State Among Cultural Heritage Reported Discovered)
Where any cultural heritage is found to have no legitimate owner as a result of the procedure to ascertain ownership under Article 20 of the Act, and needs to be preserved directly by the State because of its great historical, artistic, or academic value, it shall revert to the State. <Amended by Presidential Decree No. 26458, Aug. 3, 2015>
 Article 20 (Formulation of Regulations on Management of Cultural Heritage Reverted to State)
(1) The Administrator of the Cultural Heritage Administration shall formulate regulations on the management of cultural heritage reverted to the State under Article 20 of the Act, including matters concerning the storage, management, exhibition, utilization, and loaning of such cultural heritage.
(2) The management authority under the proviso to Article 62 (1) of the Cultural Heritage Protection Act or a local government to which management is delegated or a nonprofit corporation to which management is entrusted under Article 62 (3) of the aforesaid Act shall formulate regulations on the management of cultural heritage reverted to the State under Article 20 of the Act, including matters concerning the storage, management, exhibition, utilization, and loaning of such cultural heritage, after consulting with the Administrator of the Cultural Heritage Administration thereon.
 Article 21 (Loaning of Cultural Heritage Reverted to State)
Upon receipt of an application for loaning cultural heritage reverted to the State under Article 20 of the Act from an educational or research institute, a museum, or such, the Administrator of the Cultural Heritage Administration or the management authority, a local government, or a nonprofit corporation referred to in Article 20 (2) may loan such cultural heritage in any of the following cases:
1. Where such cultural heritage is necessary as educational materials;
2. Where such cultural heritage is necessary for research or inspection;
3. Where such cultural heritage is necessary for exhibition or any similar purpose.
(2) The period of loaning the cultural heritage reverted to the State under paragraph (1) shall not exceed one year: Provided, That the period of loan may be extended in exceptional situations.
 Article 22 (Disposal of Cultural Heritage Not subject to Reversion to State)
(1) If the Administrator of the Cultural Heritage Administration finds, as a result of the procedure to ascertain the ownership of cultural heritage under Article 20 of the Act, that no legitimate owner exists and that the cultural heritage is not subject to reversion to the State under Article 19, he/she may allow such cultural heritage to be used for educational or academic purposes or to be stored in a certain place.
(2) Further details about the methods for disposing of cultural heritage under paragraph (1) shall be determined by the Administrator of the Cultural Heritage Administration.
 Article 23 (Compensation, etc. for Cultural Heritage Reported Discovered)
(1) Where the Administrator of the Cultural Heritage Administration pays apportioned compensation under the latter part of or the proviso to Article 21 (1) of the Act, he/she shall preferentially pay those who discovered or acquired cultural heritage an amount equivalent to the expenses incurred in discovering or acquiring it, and then equally apportion the remaining compensation to those who discovered or acquired the cultural heritage and those who owned the land or structure, etc., in which the cultural heritage was discovered.
(2) The guidelines for the payment of rewards under Article 21 (3) of the Act are as prescribed in attached Table 3.
 Article 24 (Procedure for Payment of Compensation, etc.)
(1) When the Administrator of the Cultural Heritage Administration determines the amount of compensation or reward under Article 21 (1) or (3) of the Act, he/she shall notify the person entitled to the payment of the compensation or reward thereof.
(2) A person notified of an amount of compensation or reward payable under paragraph (1) shall file a written claim for the payment of the compensation or reward with the Administrator of the Cultural Heritage Administration.
(3) If at least two persons intend to file a claim for compensation or reward under paragraph (2), they shall jointly sign the claim. If such persons have agreed on the amount to be apportioned to each person out of the compensation or reward payable, the document stating such agreement shall be attached to the written claim.
 Article 25 (Public Announcement of Buried Cultural Heritage)
If cultural heritage is discovered or excavated, the Administrator of the Cultural Heritage Administration shall publicly announce such discovery or excavation in its bulletin board, web-site, etc. for 14 days, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 26 (Ascertainment of Ownership of Cultural Heritage Discovered or Excavated from Inspection of Cultural Heritage and Reversion to the State)
(1) Articles 18 through 22 shall apply mutatis mutandis to the scope of cultural heritage subject to reversion to the State under Article 23 of the Act, the management of cultural heritage reverted to the State, etc. In such cases, the term "cultural heritage reported discovered" shall be construed as "cultural heritage discovered or excavated as a result of cultural heritage inspections."
(2) Except as otherwise expressly provided for in paragraph (1), further necessary details of the procedure, etc. for the ascertainment of the ownership of cultural heritage under Article 23 of the Act and the reversion of such cultural heritage to the State shall be determined and publicly notified by the Administrator of the Cultural Heritage Administration.
CHAPTER V BURIED CULTURAL HERITAGE INSPECTION INSTITUTIONS
 Article 27 (Suspension of Business Operations and Revocation of Registration of Inspection Institutions)
(1) The criteria for suspending business operations of an inspection institution under Article 25 (1) of the Act are as prescribed in attached Table 4.
(2) The period of restriction on the registration of an inspection institution under Articled 25 (2) of the Act is as specified in attached Table 5.
(3) When the Administrator of the Cultural Heritage Administration takes action to revoke registration or suspend business operations under Article 25 (1) of the Act, he/she shall make a public announcement thereof through its web-site, etc.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 28 (Methods, etc. for Purchasing Land)
(1) "A corporation prescribed by Presidential Decree" in the proviso to Article 26 (1) of the Act means any of the following corporations:
1. A public institution under the Act on the Management of Public Institutions, which is a corporation;
2. A local government-funded public corporation or a local government public corporation under the Local Public Enterprises Act;
3. A corporation with a capital at least one half of which has been invested by a local government-funded public corporation under the Local Public Enterprises Act within the scope by which such public corporation is permitted to invest under Article 47-2 of the Enforcement Decree of the aforesaid Act;
4. The Korean Broadcasting System under the Broadcasting Act;
5. The Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act.
(2) Deleted. <by Presidential Decree No. 26458, Aug. 3, 2015>
(3) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the timing, methods, basis, etc. for the calculation of the price of land, where it intends to purchase land under the main body of Article 26 (1) of the Act.
 Article 29 (Public Notification of Standards for Pricing Services for Inspection of Buried Cultural Heritage)
When the Administrator of the Cultural Heritage Administration determines the basis for pricing services for the ground surface inspection or excavation and inspection of buried cultural heritage under Article 27 of the Act, he/she shall publicly notify the standards through the Official Gazette.
 Article 30 (Maintenance and Management of Records of Buried Cultural Heritage)
Pursuant to Article 28 of the Act, the Administrator of the Cultural Heritage Administration shall constantly maintain and manage records of buried cultural heritage by electronic means.
 Article 31 (Measures to Protect Buried Cultural Heritage)
(1) If it is necessary to protect an area under which buried cultural heritage lies, in any of the following cases, the State may subsidize the relevant local government for the expenses incurred in inspection under Article 28 of the Act:
1. Excavation and inspection of buried cultural heritage highly likely to be destroyed by flood, landslide, illegal mining, discovery of relics, or any similar cause;
2. Inspection of buried cultural heritage, whose rearrangement is necessary for protection and management thereof;
3. Inspection of buried cultural heritage, which is necessary to designate it as the cultural heritage under the Cultural Heritage Protection Act.
(2) When a local government takes appropriate measures for protecting an area under which buried cultural heritage lies, the State may partially subsidize such local government for the expenses incurred therein under Article 28 of the Act, within budgetary limits.
 Article 32 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 29 (1) of the Act, the Administrator of the Cultural Heritage Administration shall delegate his/her authority over the following matters to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor: <Amended by Presidential Decree No. 26458, Aug. 3, 2015>
1. Consultation and issuance of an order to take measures under Article 8 (1) and (2) of the Act: Provided, That the delegated authority shall be limited to construction works with a project area not exceeding 2,000 square meters;
2. Issuance of an order to take measures necessary for preserving cultural heritage under Article 9 (1) of the Act: Provided, That the delegated authority shall be limited to construction works that fall under Article 4 (1) 4;
3. Public announcement of discovered or excavated cultural heritage under Article 22 of the Act.
(2) Pursuant to Article 29 (1) of the Act, the Administrator of the Cultural Heritage Administration may delegate his/her authority over the appraisal, notification, and return under Article 19 (2) of the Act to the Director-General of the National Research Institute of Culture Heritage, the Director of the National Palace Museum of Korea, and the Director of the National Research Institute of Maritime Cultural Heritage.
(3) Pursuant to Article 29 (2) of the Act, the Administrator of the Cultural Heritage Administration may entrust the following business affairs to a corporation incorporated under Article 32 of the Civil Act to engage in the business related to such business affairs:
1. Publicizing the outcomes of the buried cultural heritage inspection and excavation;
2. Publicizing the importance of protecting buried cultural heritage;
3. Publishing research outcomes on buried cultural heritage;
4. Training human resources specialized in buried cultural heritage;
5. Other matters related to the inspection, excavation, and protection of buried cultural heritage.
 Article 33 Deleted. <by Presidential Decree No. 26774, Dec. 30, 2015>
 Article 34 (Re-Examination of Regulations)
The Administrator of the Cultural Heritage Administration shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (being any date before January 1 of every third anniversary) and shall take measures, such as making improvements.: <Amended by Presidential Decree No. 27584, Nov. 15, 2016; Presidential Decree No. 28151, Jun. 27, 2017>
1. Deleted; <by Presidential Decree No. 28471, Dec. 12, 2017>
2. Period during which granting an excavation permit may be restricted under Article 11 (2) and attached Table 2: January 1, 2017;
3. Items of the assessment of measures to be taken to preserve excavated cultural heritage under Article 14: January 1, 2016;
4. Deleted; <by Presidential Decree No. 28471, Dec. 12, 2017>
5. Guidelines for suspension of business operations of an inspection institution and the period of restriction on registration of such institution under Article 27 and attached Tables 4 and 5: January 1, 2015.
[This Article Newly Inserted by Presidential Decree No. 25916, Dec. 30, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2011.
Article 2 (Applicability to Projects subject to Ground Surface Inspection)
Article 4 (1) 4 (c) and (d) shall begin to apply from the first case where the head of a local government finds it necessary to conduct a ground surface inspection after this Decree enters into force.
Article 3 (Applicability to Submission of Opinions on Ground Surface Inspection Reports)
Article 5 (3) shall begin to apply from the first ground surface inspection report submitted to the head of a local government after this Decree enters into force.
Article 4 (Applicability to Notification of Excavation Completion)
Article 13 shall begin to apply from the first case for which an application for an excavation permit is filed after this Decree enters into force.
Article 5 (Applicability to Discovery Reports)
Article 17 (4) shall begin to apply from the first case where a discovery is reported after this Decree enters into force.
Article 6 (Transitional Measure concerning Administrative Agency Responsible for Storage and Management)
The administrative agency which has been responsible for storing and managing the cultural heritage reverted to the State under the former Cultural Heritage Protection Act before this Decree enters into force shall continue to store and manage such cultural heritage reverted to the State under the former Cultural Heritage Protection Act even after this Decree enters into force.
Article 7 Omitted.
Article 8 (Relationship to Other Statutes)
Any citation of the former Enforcement Decree of the Cultural Heritage Protection Act or any provision thereof by any other statute in force as at the time this Decree enters into force shall be deemed a citation of this Decree or the relevant provision hereof in lieu of the former Cultural Heritage Protection Act or such provision thereof, if the relevant provision exists in this Decree.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23994, Jul. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25916, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That the amended provisions of Article 5 (5) shall enter into force on January 29, 2015.
Article 2 (Applicability to Hearing of Opinions from Experts in Buried Cultural Heritage)
The amended provisions of the latter part of Article 6 (5) shall begin to apply from the first case where opinions are sought from experts in buried cultural heritage after this Decree enters into force.
Article 3 (Applicability to Process for Ascertaining Ownership)
The amended provisions of the former and latter parts of Article 18 (2) shall also apply to cases where the process for ascertaining ownership is pending as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 26458, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Public Notification, etc. of Measures for Preservation)
The amended provisions of Article 14-2 shall begin to apply from the first case where an instruction is given to take measures for preservation under Article 14 (1) after this Decree enters into force.
Article 3 (Transitional Measure concerning Submission of Opinions)
(1) Notwithstanding the amended provisions of Article 5 (3), the former provisions shall apply where a ground surface inspection report has been submitted under Article 5 (1) before this Decree enters into force.
(2) Notwithstanding the amended provisions of Article 11 (1), the former provisions shall apply where an application for the excavation permit has been filed under Article 12 (1) of the Act before this Decree enters into force.
Article 4 (Transitional Measure concerning Delegation of Authority)
Notwithstanding the amended provisions of Article 32 (1) 2, the former provisions shall apply where the process for issuing an order to take measures necessary for preserving cultural heritage is pending as at the time this Decree enters into force.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27212, Jun. 8, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Procedure for Taking Measures to Preserve Cultural Heritage)
Notwithstanding the amended provisions of Article 7 (2) 3, former provisions shall apply to the construction works regarding which a ground surface inspection report has been submitted to the Administrator of the Cultural Heritage Administration pursuant to Article 7 (2) of the Act before this Decree enters into force.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 27584, Nov. 15, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28151, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.