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ENFORCEMENT DECREE OF THE CULTURAL HERITAGE PROTECTION ACT

Wholly Amended by Presidential Decree No. 22560, Dec. 29, 2010

Amended by Presidential Decree No. 23862, jun. 19, 2012

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25576, Aug. 27, 2014

Presidential Decree No. 25873, Dec. 23, 2014

Presidential Decree No. 26575, Oct. 6, 2015

Presidential Decree No. 27272, jun. 28, 2016

Presidential Decree No. 27720, Dec. 30, 2016

Presidential Decree No. 27810, Jan. 26, 2017

Presidential Decree No. 27972, Mar. 29, 2017

Presidential Decree No. 28104, jun. 13, 2017

Presidential Decree No. 28471, Dec. 12, 2017

Presidential Decree No. 28685, Feb. 27, 2018

Presidential Decree No. 28908, May 28, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Cultural Heritage Protection Act and those necessary for the enforcement thereof.
 Article 2 (Definitions)
"Construction works prescribed by Presidential Decree" in Article 2 (7) of the Cultural Heritage Protection Act (hereinafter referred to as the "Act") means the following: Provided, That this shall apply to construction or installation works referred to in subparagraphs 2 through 4 only if the original form of the earth surface is changed: <Amended by Presidential Decree No. 28908, May 28, 2018>
1. Construction works referred to in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;
2. Electrical construction referred to in subparagraph 1 of Article 2 of the Electrical Construction Business Act;
3. Information and communications construction works referred to in subparagraph 2 of Article 2 of the Information and Communications Construction Business Act;
4. Fire-fighting system installation works under the Fire-Fighting System Installation Business Act;
5. Landscaping works within designated cultural heritage, the protection zone of designated cultural heritage, or a historic and cultural environment preservation area under Article 13 (1) of the Act;
6. Works to change (referring to cutting, landfill, extraction of aggregate, collection of minerals, excavation, dredging, submersion, reclamation, etc.) the original form of land or a seabed (referring to inland waters referred to in subparagraph 1 of Article 2 of the Inland Water Fisheries Act and coastal areas referred to in subparagraph 2 of Article 2 of the Coast Management Act).
 Article 3 (Persons whose Opinions Need to be Heard for Establishment of Master Plans for Cultural Heritage)
"Owners, custodians, or management organizations and relevant experts prescribed by Presidential Decree" in Article 6 (2) of the Act means any of the following persons: <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
1. An owner or custodian of designated cultural heritage or registered cultural heritage;
2. A management organization of designated cultural heritage or registered cultural heritage;
3. A member of the Cultural Heritage Committee under Article 8 of the Act (hereinafter referred to as “Cultural Heritage Committee”);
4. Other persons who have expert knowledge or experience in cultural heritage and are determined and publicly announced by the Administrator of the Cultural Heritage Administration.
 Article 3-2 (Projects Eligible for Joint Research)
Projects eligible for joint research under Article 6-2 of the Act shall be as follows:
1. Research and development projects for which mutual cooperation with other fields related to the preservation, management, and utilization of cultural heritage;
2. Research and development projects requested by the heads of other central administrative agencies or local governments and deemed necessary by the Administrator of the Cultural Heritage Administration;
3. Projects that form the foundation of research and development projects referred to in subparagraphs 1 and 2;
4. Projects that the Administrator of the Cultural Heritage Administration deems necessary to efficiently promote research and development of the preservation, management, utilization, etc. of cultural heritage.
[This Article Newly Inserted by Presidential Decree No. 28685, Feb. 27, 2018]
 Article 4 (Procedures, etc. for Establishing Implementation Plans for Preservation of Cultural Heritage)
(1) An annual implementation plan concerning the master plan for cultural heritage under Article 7 (1) of the Act (hereinafter referred to as "implementation plan") shall contain the following:
1. Direction-setting for implementing projects in the relevant year;
2. Implementation policies by major project;
3. Detailed plans by major project;
4. Other necessary matters for the preservation, management and utilization of cultural heritage.
(2) In accordance with Article 7 (2) of the Act, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall present the implementation plan of the relevant year and the results of implementing the implementation plan of the previous year to the Administrator of the Cultural Heritage Administration by January 31 of each year. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
(3) In accordance with Article 7 (3) of the Act, the Administrator of the Cultural Heritage Administration and a Mayor/Do Governor shall give public notice of the implementation plan of the relevant year on the notice board and post it on the website of the Cultural Heritage Administration, the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province by the last day of February of each year. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
 Article 5 (Submission, etc. of Business Plans)
(1) The Korea Cultural Heritage Foundation established under Article 9 of the Act (hereafter referred to as the "Foundation" in this Article) shall prepare its business plan and budgetary documents for the following year and submit them to the Administrator of the Cultural Heritage Administration by November 30 of each year. <Amended by Presidential Decree No. 25576, Aug. 27, 2014>
(2) The Foundation shall prepare track records and the settlement of accounts of each business year and submit them to the Administrator of the Cultural Heritage Administration by the last day of February in the following business year. <Amended by Presidential Decree No. 25576, Aug. 27, 2014>
 Article 6 (Procedures for Basic Investigations of Cultural Heritage)
(1) Where the Administrator of the Cultural Heritage Administration intends to conduct an investigation under Article 10 (1) of the Act, he/she shall prepare an investigative plan containing overall details of an investigation, such as an investigator, subject matter of an investigation, and background of an investigation, before commencing the investigation.
(2) Where the head of a central administrative agency (excluding the Administrator of the Cultural Heritage Administration) or the head of a local government intends to conduct an investigation under Article 10 (1) of the Act, he/she shall prepare the investigative plan under paragraph (1) and submit it to the Administrator of the Cultural Heritage Administration prior to commencing the investigation.
(3) The Administrator of the Cultural Heritage Administration shall prepare a report containing the following matters within 60 days after completing an investigation under Article 10 (1) of the Act. In such cases, where the period of investigation exceeds one year, an interim report containing the following matters shall be prepared whenever one year lapses since the commencement of the investigation:
1. General matters on an investigation, such as investigators and the progress and method of the investigation;
2. Detailed description on the current state of the investigated cultural heritage;
3. Matters concerning an owner or custodian of the investigated cultural heritage, its location, history, etc.
(4) The head of a central administrative agency (excluding the Administrator of the Cultural Heritage Administration) or the head of a local government shall prepare a report containing the matters referred to in each subparagraph of paragraph (3), within 60 days after completing an investigation under Article 10 (1) of the Act, and submit it to the Administrator of the Cultural Heritage Administration. In such cases, where the period of the investigation exceeds one year, an interim report containing the matters referred to in each subparagraph of paragraph (3) shall be prepared and submitted whenever one year lapses from the commencement of the investigation.
 Article 7 (Scope to Establish Information System on Cultural Heritage, its Operation, etc.)
(1) The scope to establish an information system on cultural heritage under Article 11 (1) of the Act are as follows:
1. Basic data on the current state of cultural heritage, including their name, location, and owner;
2. Data on the preservation, management, and utilization of cultural heritage;
3. Data on the investigation, excavation, and research of cultural heritage;
4. Data, such as a photo, drawing, and live image, that may help understand the relevant cultural heritage;
5. Other data deemed necessary by the Administrator of the Cultural Heritage Administration which has informative value of cultural heritage.
(2) The Administrator of the Cultural Heritage Administration may compile the data referred to in each subparagraph of paragraph (1) in an electronic format or into a book, etc. and provide citizens with so compiled data at the database center of the Cultural Heritage Administration or on its website to ensure the efficient utilization of information on cultural heritage.
 Article 7-2 (Procedures for Review of Impact on Preservation of Cultural Heritage in Historic and Cultural Environment Preservation Area)
(1) An administrative agency responsible for authorization, permission, etc. of a construction project (hereafter referred to as “authorizing and permitting administrative agency” in this Article) shall, with respect to any construction project being implemented in a historic and cultural environment preservation area under Article 13 (1) of the Act, review whether the implementation of the construction project concerned within a historic and cultural environment preservation area constitutes any of the acts prescribed in the subparagraphs of Article 21-2 (2) in accordance with the former part of Article 13 (2) of the Act.
(2) Where the authorizing and permitting administrative agency reviews as prescribed in paragraph (1), it shall consult at least three experts (at least one person falling under subparagraph 1 or 2 shall be included, and the number of persons under subparagraph 4 shall be not more than one person) who are falling under any of the following subparagraphs for their opinions pursuant to the latter part of Article 13 (2) of the Act. In such cases, the person falling under subparagraph 4 shall be someone who does not belong to an institution responsible for the implementation of the construction project concerned:
1. A member or an expert member of the Cultural Heritage Committee;
2. A member or an expert member of the City/Do cultural heritage committee under Article 71 of the Act;
3. A faculty member who is an assistant professor or higher of a cultural heritage-related department of an educational institution under Article 2 of the Higher Education Act;
4. A senior research official, a research official, or a professional experienced official of at least Grade Na who is in charge of the affairs of cultural heritage.
(3) Where the authorizing and permitting administrative agency reviews whether the implementation of a construction project under paragraph (1) constitutes an act referred to in Article 21-2 (2) 1 (c) or (d), notwithstanding paragraph (2), the authorizing and permitting agency shall hear opinions of at least three relevant experts including at least one relevant expert under paragraph (2) 1 or 2 and at least one of the relevant experts falling under any of the following subparagraphs: <Amended by Presidential Decree No. 28685, Feb. 27, 2018>
1. A faculty member who is an assistant professor or higher of a department related to construction, civil engineering, environment, urban planning, noise, vibration, air pollution, chemical substance, dust, or heat at an educational institution under Article 2 of the Higher Education Act;
2. A person recommended from an academic society related to any of the areas referred to in subparagraph 1;
3. A researcher or higher who belongs to a research institution related to any of the areas referred to in subparagraph 1.
(4) The experts who are participating in a review pursuant to paragraphs (2) and (3) shall prepare and submit to the authorizing and permitting administrative agency a statement of opinions as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(5) The authorizing and permitting administrative agency shall, based on the results of the review under paragraphs (1) through (4), determine if the implementation of the construction project concerned constitutes an act that may affect preservation of the designated cultural heritage and shall notify the result of the determination to the implementer of the construction project concerned: Provided, That where at least half of the relevant experts providing consultation pursuant to paragraph (2) or (3) determine that the implementation of the construction project concerned constitutes any act referred to in the subparagraphs of Article 21-2 (2), the authorizing and permitting administrative agency shall determine that the implementation of the construction project concerned constitutes an act that may affect preservation of the designated cultural heritage.
(6) Where the authorizing and permitting administrative agency determines pursuant to paragraph (5) that the implementation of the construction project concerned constitutes an act that may affect preservation of the designated cultural heritage, the agency shall instruct the implementer of the construction project to obtain permission under Article 35 (1) 2 of the Act.
(7) The Administrator of the Cultural Heritage Administration may provide consultation to the authorizing and permitting administrative agency or request the agency to submit any data relevant to the review as prescribed in paragraphs (1) through (3).
[This Article Newly Inserted by Presidential Decree No. 25873, Dec. 23, 2014]
 Article 8 (Development, etc. of Response Manuals against Fire, Disasters or Theft)
(1) The scope of cultural heritage requiring the development of response manuals against fire or disasters pursuant to Article 14-2 (1) of the Act are as follows: <Amended by Presidential Decree No. 28104, Jun. 13, 2017; Presidential Decree No. 28685, Feb. 27, 2018>
1. Buildings that fall under wooden buildings and stone buildings, graves, or structures that fall under masonry or concrete structures, which are designated as cultural heritage;
2. A wooden building within designated cultural heritage and a wooden building in a protection zone: Provided, That this shall not apply to buildings of low importance, such as a restroom and resting facility;
3. A wooden building within a World Heritage Site referred to in Article 19 (1) of the Act: Provided, That this shall not apply to buildings of low importance, such as a restroom and resting facility;
4. Buildings registered as cultural heritages: Provided, That where manuals, etc. have been developed under any other statutes to prepare for fire and disasters, response manuals against fire and disasters shall be deemed to have been developed pursuant to Article 14-2 (1) of the Act.
(2) The scope of cultural heritage requiring the development of response manuals against theft pursuant to Article 14-2 (1) of the Act shall be as follows: <Newly Inserted by Presidential Decree No. 28104, Jun. 13, 2017; Presidential Decree No. 28685, Feb. 27, 2018>
1. Designated cultural heritage which is movable property;
2. Registered cultural heritage which is movable property.
(3) Response manuals referred to in paragraphs (1) and (2) shall include the following: <Amended by Presidential Decree No. 28685, Feb. 27, 2018>
1. Preventive activities against fire, disasters or theft (hereinafter referred to as "fire, etc.");
2. Where a fire, etc. occurs, the methods of reporting;
3. Where a fire or disaster occurs, the response methods, such as relocating, distributing and sheltering cultural heritage.
(4) The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall examine and supplement response manuals referred to in paragraphs (1) and (2) at least once annually. In such cases, each Mayor/Do Governor shall submit supplemented response manuals to the Administrator of the Cultural Heritage Administration within 15 days from the day the response manuals are supplemented. <Newly Inserted by Presidential Decree No. 28685, Feb. 27, 2018>
 Article 8-2 (Building and Managing Database Related to Prevention of Disasters on Cultural Heritage)
(1) The scope of database related to the prevention of disasters on cultural heritage to be built and managed by the Administrator of the Cultural Heritage Administration pursuant to Article 14-6 (1) of the Act shall be as follows:
1. Types and quantity of disaster prevention facilities for cultural heritage;
2. Status of education and training for using disaster prevention facilities for cultural heritage;
3. Status of personnel for safety management of cultural heritage;
4. Other information determined by the Administrator of the Cultural Heritage Administration, which is necessary to effectively respond to the damage of cultural heritage such as the occurrence of a fire.
(2) The Administrator of the Cultural Heritage Administration shall build the database referred to in subparagraphs of paragraph (1) in the form of electronic information, and shall make it jointly available to the heads of local governments.
(3) Except as otherwise provided for in paragraphs (1) and (2), detailed matters necessary for building and managing database related to the prevention of disasters on cultural heritage shall be determined by the Administrator of the Cultural Heritage Administration.
[This Article Newly Inserted by Presidential Decree No. 28685, Feb. 27, 2018]
 Article 9 (Cooperation for Exchanges of Cultural Heritage between North and South Korea)
(1) Exchange and cooperation projects in the field of cultural heritage between South and North Korea to be supported under Article 18 (3) of the Act are as follows:
1. South-North Korean joint investigations, research, and repair of cultural heritage;
2. South-North Korean exchange of information and technology on the preservation and management of cultural heritage;
3. Exchange of human resources, such as experts in the field of cultural heritage;
4. Support to register North Korean cultural heritage with the United Nations Educational, Scientific and Cultural Organization (UNESCO) as a World Heritage Site;
5. Other necessary matters for cooperation for exchanges of cultural heritage between South and North Korea.
(2) Any agency or association which intends to fully or partially receive subsidies for a cooperation project, investigation, research, etc. for exchanges of cultural heritage between South and North Korea pursuant to Article 18 (3) of the Act shall prepare a plan for the relevant project, and submit it to the Administrator of the Cultural Heritage Administration for approval, and submit a report on the achievements of the project to the Administrator of the Cultural Heritage Administration within two months after the completion of such project. This shall also apply in cases where it intends to modify the matters determined by Ordinance of the Ministry of Culture, Sports and Tourism, among already approved matters.
 Article 10 (Protection of World Heritage Site, etc.)
(1) The Administrator of the Cultural Heritage Administration may regularly investigate and inspect (including regular inspection activities to perform the duty to submit periodic reports in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage) the current status and the preservation status of a World Heritage Site, etc. (hereafter referred to as "World Heritage Site, etc." in this Article) under Article 19 (2) of the Act in order to maintain and manage the World Heritage Site, etc. and to take necessary measures for the protection thereof.
(2) The Administrator of the Cultural Heritage Administration may request the head of the local government having jurisdiction over the location of a World Heritage Site, etc. to present relevant data necessary for the investigation and inspection under paragraph (1) and to present his/her opinion.
(3) The head of a local government in receipt of a request for preservation of relevant data and his/her opinion pursuant to paragraph (2) shall comply therewith except in extraordinary circumstances.
(4) Necessary matters concerning the method and procedure for investigations and inspections under paragraph (1) and other relevant matters shall be determined by the Administrator of the Cultural Heritage Administration.
 Article 11 (Standards and Procedures for Designating State-Designated Cultural Heritage)
(1) The standards for designating national treasures and treasures under Article 23 of the Act, historic sites, scenic areas, or natural monuments under Article 25 of the Act, and national folklore resources under Article 26 of the Act are as stipulated in attached Table 1. <Amended by Presidential Decree No. 26575, Oct. 6, 2015; Presidential Decree No. 28104, Jun. 13, 2017>
(2) Where the Administrator of the Cultural Heritage Administration intends to designate cultural heritage as State-designated cultural heritage pursuant to paragraph (1), he/she shall request at least three relevant experts, such as members and expert members in the relevant field of the Cultural Heritage Committee, to conduct an investigation on such cultural heritage. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
(3) A person in receipt of a request to investigate pursuant to paragraph (2) shall prepare an investigation report after conducting the investigation and submit it to the Administrator of the Cultural Heritage Administration.
(4) Where the Administrator of the Cultural Heritage Administration deems that the relevant cultural heritage is worth of being designated as State-designated cultural heritage after reviewing the investigation report referred to in paragraph (3), he/she shall give prior notice of the details to be deliberated on in the Official Gazette for at least 30 days prior to the deliberation by the Cultural Heritage Committee.
(5) The Administrator of the Cultural Heritage Administration shall determine whether to designate the relevant cultural heritage as State-designated cultural heritage, following deliberation thereon by the Cultural Heritage Committee within six months from the date on which prior notice given under paragraph (4) ends.
(6) Where the Administrator of the Cultural Heritage Administration fails to determine the designation under paragraph (5) within six months due to an inevitable reason, such as an objection raised by stakeholders, but needs to redetermine the designation, he/she shall undergo the procedures for giving prior notice under paragraph (4) and for the designation under paragraph (5) again.
 Article 12 Deleted. <by Presidential Decree No. 26575, Oct. 6, 2015>
 Article 13 (Standards for Designating Protective Facilities or Protection Zones)
(1) The standards for designating protective facilities or protection zones of national treasures, treasures, historic sites, scenic areas, natural monuments, or national folklore resources under Article 27 (1) of the Act are as stipulated in attached Table 2. <Amended by Presidential Decree No. 28104, Jun. 13, 2017>
(2) The Administrator of the Cultural Heritage Administration may strengthen or relax the standards for designating protective facilities or protection zones under paragraph (1), if deemed specifically necessary due to the existence of natural or artificial conditions or other extenuating circumstances.
(3) Article 11 (2) through (5) shall apply mutatis mutandis to the designation of the protective facilities or protection zones of national treasures, treasures, historic sites, scenic areas, natural monuments, or national folklore resources under paragraph (1). <Amended by Presidential Decree No. 28104, Jun. 13, 2017>
 Article 14 (Review on Appropriateness of Protective Facilities or Protection Zones)
(1) The Administrator of the Cultural Heritage Administration may request the Mayor/Do Governor to present the following data to review the appropriateness of designation or adjustment of protective facilities or protection zones (hereinafter referred to as "appropriateness of a protection zone, etc.") pursuant to Article 27 (3) of the Act. In such cases, the Mayor/Do Governor in receipt of a request for presentation of the relevant data shall present requested data to the Administrator of the Cultural Heritage Administration within 30 days after receiving such request except in extraordinary circumstances:
1. Opinions of an owner, custodian, and management organization of the relevant designated cultural heritage, and of an owner of land or a building within the relevant protective facility or protection zone concerning the appropriateness of a protection zone, etc.;
2. Data on the historic and cultural environment of a protective facility or protection zone;
3. Other data necessary for reviewing the appropriateness of a protection zone, etc.
(2) The Administrator of the Cultural Heritage Administration shall hear opinions of at least three relevant experts, such as members of the Cultural Heritage Committee and expert members, concerning the appropriateness of the relevant protection zone, etc. in reviewing the appropriateness of a protection zone, etc. pursuant to Article 27 (3) of the Act.
(3) Where the Administrator of the Cultural Heritage Administration deems it necessary to adjust the relevant protective facility or protection zone based on the result of reviewing the appropriateness of the protection zone, etc., he/she shall give prior notice of the details thereof in the Official Gazette for at least 30 days.
(4) The Administrator of the Cultural Heritage Administration shall determine whether to adjust the relevant protective facility or protection zone, following deliberation thereon by the Cultural Heritage Committee within six months from the date on which prior notice given under paragraph (3) ends.
(5) Where the Administrator of the Cultural Heritage Administration fails to determine the adjustment under paragraph (4) within six months due to inevitable grounds, such as an objection raised by stakeholders, but needs to redetermine the adjustment, he/she shall undergo the procedures for giving prior notice under paragraph (3) and for conducting adjustment under paragraph (4) again.
(6) Where the Administrator of the Cultural Heritage Administration determines the adjustment of a protective facility or protection zone under paragraph (4), he/she shall publicly announce the purport thereof in the Official Gazette, and promptly inform an owner, custodian or management organization of the relevant designated cultural heritage and the owner of land or a building within the relevant protective facility or protection zone of the details thereof.
 Article 15 (Postponement of Time to Review Appropriateness of Protective Facilities or Protection Zones)
Cases where the time to review the appropriateness of a protection zone, etc. may be postponed pursuant to the proviso to Article 27 (3) of the Act and the period therefor are as follows:
1. Where it is impossible to review the appropriateness of a protection zone, etc. due to inevitable grounds, such as war and natural disaster: Up to one year from the date on which such grounds cease to exist;
2. Where cultural heritage, the time to review the appropriateness of the protection zone, etc. of which has arrived under Article 27 (3) of the Act, or its protective facility or protection zone is in litigation: Up to one year from the date on which such litigation is finished.
 Article 16 (Public Announcement of Designation, Revocation thereof, etc.)
Where the Administrator of the Cultural Heritage Administration designates any State-designated cultural heritage or revokes such designation pursuant to Articles 28 and 31 (5) of the Act, he/she shall publicly announce the following matters: <Amended by Presidential Decree No. 26575, Oct. 6, 2015>
1. The category, designation number, name, quantity, location, or depository of State-designated cultural heritage;
2. The name, quantity, and location of protective facilities or protection zone of State-designated cultural heritage;
3. The name and address of an owner or possessor of State-designated cultural heritage and its protective facilities or protection zone;
4. Deleted; <by Presidential Decree No. 26575, Oct. 6, 2015>
5. The reasons for the designation or the revocation thereof.
 Article 17 (Submission of Data for Designation)
Where any cultural heritage is required to be designated pursuant to Articles 23 and 25 through 27 of the Act, a Mayor/Do Governor shall without delay report his/her intentions to the Administrator of the Cultural Heritage Administration with necessary data for designation, including, but not limited to, photographs, drawings, audio records, as determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 26575, Oct. 6, 2015>
 Article 18 Deleted. <by Presidential Decree No. 26575, Oct. 6, 2015>
 Article 19 (Provisional Designation)
Where the Administrator of the Cultural Heritage Administration provisionally designates cultural heritage as important cultural heritage pursuant to Article 32 (1) of the Act, he/she shall do so by classifying it as a national treasure or treasure under Article 23 of the Act, a historic site, scenic area, or natural monument under Article 25 of the Act, or a national folklore resource under Article 26 of the Act. <Amended by Presidential Decree No. 28104, Jun. 13, 2017>
 Article 20 (Establishment of Comprehensive Maintenance Plans by Cultural Heritage)
(1) A management organization designated to manage State-designated cultural heritage pursuant to Article 34 of the Act may establish a comprehensive maintenance plan by cultural heritage (hereafter referred to as "maintenance plan" in this Article), following consultation with the Administrator of the Cultural Heritage Administration to ensure the efficient preservation, management, and utilization of the relevant State-designated cultural heritage.
(2) A maintenance plan to be established under paragraph (1) shall focus on preserving the original form of the relevant cultural heritage, and shall include the following matters:
1. Matters concerning the purposes and scope of the maintenance plan;
2. Matters concerning the historic and cultural environment of cultural heritage;
3. Matters concerning historical and academic research on cultural heritage;
4. Matters concerning the preservation, management, and utilization of cultural heritage, including repair and restoration thereof;
5. Matters concerning securing management and operation personnel of cultural heritage, and investment finance;
6. Other necessary matters for the maintenance of cultural heritage.
(3) The Administrator of the Cultural Heritage Administration may set forth necessary matters concerning procedures and methods for establishing a maintenance plan under paragraph (1), its content, the implementation thereof, etc. by kind or type of cultural heritage.
 Article 21 (Permission Procedures)
(1) A person who intends to obtain permission from the Administrator of the Cultural Heritage Administration under Article 35 of the Act shall submit an application for permission stating the category, designation number, name, quantity, location, etc. of the relevant State-designated cultural heritage to the Administrator of the Cultural Heritage Administration via the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and the same shall apply where he/she intends to change the matters already permitted. In such cases, the head of a Si/Gun/Gu shall inform the competent Mayor/Do Governor of matters, etc. for which permission is applied. <Amended by Presidential Decree No. 25873, Dec. 23, 2014; Presidential Decree No. 26575, Oct. 6, 2015>
(2) Notwithstanding the former part of paragraph (1), where an application for permission or alteration of already permitted matters is filed with respect to any of the following acts, an applicant shall directly submit his/her application to the Administrator of the Cultural Heritage Administration, without going through the Special Self-Governing City Mayor, the Special Self-Governing Province Governor and the head of a Si/Gun/Gu: <Newly Inserted by Presidential Decree No. 26575, Oct. 6, 2015>
1. Any act falling under Article 35 (1) 3 of the Act;
2. Any act altering the current state of State-owned cultural heritage which constitutes State-designated cultural heritage directly managed by the State (limited to the State-designated cultural heritages classified as movable property);
3. Any act altering the current state that is taking place within the State-designated cultural heritage directly managed by the Administrator of the Cultural Heritage Administration.
 Article 21-2 (Alteration of Current State of State-Designated Cultural Heritage, etc. and Other Acts)
(1) “Acts prescribed by Presidential Decree” in Article 35 (1) 1 of the Act means any of the following acts: <Amended by Presidential Decree No. 28685, Feb. 27, 2018; Presidential Decree No. 28908, May 28, 2018>
1. Repairing, maintaining, restoring, preserving, or demolishing State-designated cultural heritage, protective facilities or protection zones;
2. The following acts conducted against State-designated cultural heritage (including natural monuments which are dead or declared to have been imported or brought into the Republic of Korea pursuant to Article 41 (1) of the Act):
(a) Capturing, collecting, raising, or slaughtering;
(b) Artificially multiplying or reproducing;
(c) Grazing in the nature (excluding grazing after rescue and medical treatment);
(d) Attaching a position tracker;
(e) Collecting blood, organs, skins, etc. (excluding such acts intended for medical treatment);
(f) Making specimen or stuffing;
(g) Burying and incinerating;
3. Any of the following acts conducted within State-designated cultural heritage, protective facilities, or protection zones:
(a) Newly constructing, extending, reconstructing, or relocating of buildings, roads, pipe lines, electric wires, structures, underground structures, and other various facilities or altering the purpose of their use (excluding change of land category);
(b) Planting or removing trees;
(c) Reclamation, reclamation by drainage, excavating, drilling, cutting, or banking of the ground or waters and other acts that alter geographic or geological features;
(d) Any act which alters waterways, water quality or water quantity;
(e) Any act which generates noise, vibration, malodor, etc. or emits air pollutants, chemical substances, dust, light, heat, etc.;
(f) Scattering, discharging and dumping filthy water, excreta, wastewater, etc.;
(g) Raising and breeding animals and other relevant acts;
(h) Collecting, bringing into, carrying out, or removing soil and stone, aggregate, mineral, and their by-products and processed products;
(i) Placing or posting advertisements, etc. or stacking various objects in the open air.
(2) “Acts prescribed by Presidential Decree” under Article 35 (1) 2 of the Act means the following: <Amended by Presidential Decree No. 28685, Feb. 27, 2018>
1. Any of the following acts conducted within a historic and cultural environment preservation area:
(a) Establishing or extending a building or a facility which is likely to spoil the landscape of the State-designated cultural heritage concerned;
(b) Planting or removing trees which are likely to spoil the landscape of the relevant State-designated cultural property;
(c) Any act that may affect preservation of the State-designated cultural heritage concerned by generating noise, malodor, vibration, etc. or emitting air pollutants, chemical substances, dust, light, heat, etc.;
(d) Excavating 50 meters below ground that may affect preservation of the State-designated cultural heritage concerned;
(e) Altering the shape and quality of land or forest that may affect preservation of the State-designated cultural heritage concerned;
2. Conducting a construction work within a water system that may affect the water quality or quantity of the waterways in an area where State-designated cultural heritage is located;
3. An act that may affect preservation of State-designated cultural heritage by damaging a historic site connected to the State-designated cultural heritage;
4. Marking on a nest or egg of a natural monument or collecting or damaging the nest or egg in its habitat or breeding place;
5. Other acts conducted outside of the outer boundary of State-designated cultural heritage that are deemed likely to affect the historic, artistic, scientific, or scenic value of the State-designated cultural heritage and publicly notified as such by the Administrator of the Cultural Heritage Administration or the head of the competent local government.
[This Article Newly Inserted by Presidential Decree No. 25873, Dec. 23, 2014]
 Article 21-3 (Acts Subject to Permission of Special Self-Governing City Mayor, etc.)
Any of the following acts requires permission (including permission for any subsequent alteration; hereafter the same shall apply in this Article) from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu pursuant to the proviso to Article 35 (1) of the Act: <Amended by Presidential Decree No. 27810, Jan. 26, 2017; Presidential Decree No. 28685, Feb. 27, 2018; Presidential Decree No. 28908, May 28, 2018>
1. Raising, stuffing, or making specimens of natural monuments publicly announced by the Administrator of the Cultural Heritage Adminstration or burying or incinerating dead natural monuments, among the acts under Article 35 (1) 1 of the Act and Article 21-2 (1) of this Decree;
2. Constructing a building or facility publicly announced by the Administrator of the Cultural Heritage Adminstration in consideration of the characteristics of cultural heritage, among the acts under Article 35 (1) 1 of the Act and Article 21-2 (1) of this Decree;
3. Any of the following acts, among the acts under Article 35 (1) 1 of the Act and Article 21-2 (1) of this Decree: Provided, That any acts targeting the State-designated cultural heritage concerned shall be excluded therefrom:
(a) Repairing a structure to restore it to its original form;
(b) Repairing a traditional Korean-style wall to restore it to its original form;
(c) Newly erecting, renovating, or extending a building in conformity with the scale determined by the Administrator of the Cultural Heritage Administration;
(d) Installing electric facilities under the Electric Utility Act and fire-fighting systems under the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;
(e) Installing a marker stone, an information board, or a warning board;
(f) Installing protective railings;
(g) Generally protecting and maintaining trees and plants, such as pruning, preventing damage by blight and harmful insects, and spreading fertilizer;
(h) Collecting seeds or seedlings (saplings or sprouts for cutting) for academic and research purposes or for the purpose of preservation of species;
4. Acts determined and publicly announced as trivial by the Administrator of the Cultural Heritage Administration, among the acts under Article 35 (1) 2 of the Act and Article 21-2 (2) of this Decree;
5. Taking a picture of State-designated cultural heritage (excluding State-designated cultural heritage, the disclosure of which is restricted pursuant to Article 48 (2) of the Act), among the acts under Article 35 (1) 3 of the Act;
6. Acts determined as trivial and publicly announced as such by the Administrator of the Cultural Heritage Administration, among the acts under Article 35 (1) 4 of the Act.
[This Article Newly Inserted by Presidential Decree No. 25873, Dec. 23, 2014]
 Article 21-4 (Scope of Relevant Experts Conducting Examination for Permission for Alteration of Current State, etc.)
The relevant experts who can conduct necessary examination for permitting alteration of cultural heritage’s current state pursuant to Article 36 (2) of the Act shall be as follows:
1. A member or an expert member of the Cultural Heritage Committee;
2. A member or an expert member of the City/Do cultural heritage committee under Article 71 of the Act;
3. A faculty member who is an assistant professor or higher of a cultural heritage-related department at an educational institution under Article 2 of the Higher Education Act;
4. A senior research official, a research official, or a professional experienced official of at least Grade Na who is in charge of the affairs of cultural heritage;
5. A faculty member who is an assistant professor or higher of a department related to construction, civil engineering, environment, urban planning, noise, vibration, air pollution, chemical substance, dust, or heat at an educational institution under Article 2 of the Higher Education Act;
6. A person recommended from an academic society related to any of the areas referred to in subparagraph 5;
7. Other persons who have engaged in the cultural heritage-related area for at least five years and deemed, by the Administrator of the Cultural Heritage Administration, to have much knowledge and experience in the aforementioned area.
[This Article Newly Inserted by Presidential Decree No. 25873, Dec. 23, 2014]
 Article 22 (Permits)
The Administrator of the Cultural Heritage Administration shall issue a certificate of permission stating the name of an applicant, the relevant cultural heritage, permitted matters, period and conditions of permission, and other relevant matters to the applicant via the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu when granting permission pursuant to Article 36 of the Act. In such cases, the Administrator of the Cultural Heritage Administration shall inform the competent Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) of the permitted matters, etc.: Provided, That where the Administrator of the Cultural Heritage Administration grants permission for any act referred to in Article 35 (1) 3 of the Act or for alteration in the current state of State-designated cultural heritage directly managed by himself/herself, he/she may choose not to go through the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, or not to inform the competent Mayor/Do Governor of the permitted matters, etc. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
 Article 23 (Reporting on Appointment of Custodians, etc.)
(1) A person who intends to report State-designated cultural heritage in accordance with the main sentences of Article 40 (1) and Article 40 (3) of the Act shall submit a report on appointment of a custodian or any other event, describing the category, designation number, name, quantity, location, etc. of such State-designated cultural heritage to the Administrator of the Cultural Heritage Administration via the head of the competent Si/Gun/Gu and the competent Mayor/Do Governor within 15 days from the date on which such event occurs: Provided, That in cases falling under Article 40 (1) 9 of the Act, he/she may submit the report within three months from the date of designation. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
(2) A person who intends to report State-designated cultural heritage in accordance with the proviso to Article 40 (1) and the proviso to Article 40 (3) of the Act shall submit a report describing the category, designation number, name, quantity, location, etc. of such State-designated cultural heritage to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor and the head of a Si/Gun/Gu within 15 days from the date on which the relevant case occurs. <Newly Inserted by Presidential Decree No. 25873, Dec. 23, 2014>
 Article 24 (Reporting on Measures, etc. Taken for Preservation and Survival of Natural Monuments)
"Act prescribed by Presidential Decree, such as taking measures to prevent an animal designated as natural monument from disease or other dangers and to preserve and make it survive" in Article 40 (1) 9-3 of the Act means any of the following acts:
1. Emergency burial and incineration of a carcass caused by contagious animal disease defined in subparagraph 2 of Article 2 of the Act on the Prevention of Contagious Animal Diseases;
2. Taking emergency measures such as capturing natural monuments to prevent accidents to be caused by their collision, etc. with aircraft and the post processing thereof.
[This Article Newly Inserted by Presidential Decree No. 28908, May 28, 2018]
 Article 25 (Reporting on Import of Animals or Bringing Them into the Republic of Korea)
A person who has imported any species (including subspecies) of animal designated as a natural monument from overseas or brings it into the Republic of Korea pursuant to Article 41 (1) of the Act shall file a declaration (including a declaration in the form of electronic document) in the form prescribed by Ordinance of the Ministry of Culture, Sports and Tourism within 30 days after importing or bringing the relevant animal into the Republic of Korea, appending the following documents (including those in the form of electronic document):
1. Documents to verify the exact account of the import of the relevant animal or bringing it into the Republic of Korea;
2. A certificate of origin;
3. A photography of the relevant animal.
[This Article Newly Inserted by Presidential Decree No. 28908, May 28, 2018]
 Articles 26 and 27 Deleted. <by Presidential Decree No. 26575, Oct. 6, 2015>
 Article 28 (Entrustment of Regular Investigations, etc.)
Pursuant to Article 44 (6) of the Act, the Administrator of the Cultural Heritage Administration shall entrust any of the following institutions or organizations with regular investigations or reinvestigations of State-designated cultural heritage:
1. A corporation or organization established with the objective of investigation, research, education, repair works, or academic activities related to cultural heritage;
2. A museum or art gallery provided for in Articles 10 and 12 through 14 under the Museum and Art Gallery Support Act;
3. A cultural heritage-related research institution or an industry-academic cooperation foundation affiliated with a school provided for in Article 2 of the Higher Education Act.
 Article 29 (Request for Compensation for Loss)
A person who intends to be compensated for his/her loss pursuant to Article 46 of the Act shall file an application stating the category, designation number, quantity, location, or depository of the State-designated cultural heritage with the Administrator of the Cultural Heritage Administration, along with evidential documents.
 Articles 30 through 32 Deleted. <by Presidential Decree No. 26575, Oct. 6, 2015>
 Article 33 (Reporting on Appointment, etc. of Custodians of Registered Cultural Heritage)
Where a case falling under any subparagraph of Article 55 of the Act arises, an owner or custodian of registered cultural heritage or a person designated under Article 54 (2) of the Act shall report such fact to the Administrator of the Cultural Heritage Administration via the head of a Si/Gun/Gu or the Mayor/Do Governor, within 15 days from the date on which such case arises.
 Article 33-2 (Acts Subject to Reporting on Alteration of Current State of Registered Cultural Heritage)
“Acts prescribed by Presidential Decree” in Article 56 (1) 1 of the Act means any of the following acts that alter the exterior of registered cultural heritage (excluding any cultural heritages falling under movable property; hereafter the same shall apply in this Article): Provided, That temporary measures required to prevent damage of registered cultural heritage or expansion of damage shall be excluded: <Amended by Presidential Decree No. 27720, Dec. 30, 2017>
1. Any act that alters the design, color, quality, raw material, etc. of at least 1/4 of the area of the exterior (including the roof) of cultural heritage where the relevant cultural heritage is a building;
2. Any act that alters the design, color, quality, raw material, etc. of at least 1/4 of any of the following areas, where the relevant cultural heritage is a structure other than a building:
(a) An exterior area of a structure, such as a bridge or lighthouse;
(b) An inner surface area of a facility not exposed to outside, such as a tunnel or cave;
(c) An area of registered cultural heritage as at the time such cultural heritage is registered pursuant to Article 53 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 25873, Dec. 23, 2014]
 Article 34 (Standards and Procedures for Permission for Alteration of Current State of Registered Cultural Heritage)
(1) A person who intends to obtain permission for the alteration of current state or to alter permitted matters pursuant to Article 56 (2) of the Act shall file an application for permission stating the designation number, name, quantity, and location of the registered cultural heritage with the Administrator of the Cultural Heritage Administration via the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. In such cases, the head of a Si/Gun/Gu shall inform the competent Mayor/Do Governor of matters, etc. for which permission is applied. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
(2) The Administrator of the Cultural Heritage Administration, in receipt of an application for permission under paragraph (1), shall grant such permission only if an activity for which permission is applied does not affect the basic style, structure, and features of the registered cultural heritage.
(3) Where the Administrator of the Cultural Heritage Administration intends to grant permission under paragraph (2), he/she shall issue a certificate of permission (including revised permission) stating the name of the applicant, the relevant cultural heritage, permitted matters, period and conditions of permission, and other relevant matters, to the applicant via the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. In such cases, the Administrator of the Cultural Heritage Administration shall inform the competent Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) of permitted matters, etc. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
 Article 35 (Building-to-Land Ratios, Floor Space Ratios, etc. of Registered Cultural Heritage)
(1) The building-to-land ratio and floor space ratio of registered cultural heritage for each special-purpose area under Article 57 of the Act shall be determined within the limit of 150 percent of the building-to-land ratio and floor space ratio applicable to each special-purpose area under Articles 84 and 85 of the Enforcement Decree of the National Land Planning and Utilization Act, taking into consideration the structure, features, and surrounding landscape of such registered cultural heritage, but the specific ratios shall be determined by ordinances of the competent local government.
(2) Where the head of a local government grants a building permit by applying the special exception to the building-to-land ratio and the floor space ratio stipulated under paragraph (1), he/she shall notify the Administrator of the Cultural Heritage Administration of the details of the permit within 15 days from the date on which such permit is granted.
 Article 36 (Scope of Ordinary Movable Cultural Heritage)
(1) Ordinary movable cultural heritage under Article 60 (1) of the Act shall be limited to pictures, sculptures, stonework, artifacts, classical books, old documents, letters, calligraphy carving, modern media, archaeological resources, natural history resources, scientific and technical tools, folklore resources, and foreign cultural heritage.
(2) The detailed scope of ordinary movable cultural heritage under paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 37 (Verification, etc. of Ordinary Movable Cultural Heritage)
(1) Where the Administrator of the Cultural Heritage Administration intends to verify pursuant to Article 60 (5) of the Act, he/she shall receive an appraisal by the cultural heritage appraiser assigned pursuant to Article 60-2 (1) of the Act. <Amended by Presidential Decree No. 26575, Oct. 6, 2015>
(2) The cultural heritage appraiser to be assigned pursuant to Article 60-2 (1) of the Act shall be any of the following persons: <Newly Inserted by Presidential Decree No. 26575, Oct. 6, 2015>
1. A member or expert member of the Cultural Heritage Committee;
2. A senior research official or a professional experienced official of at least Grade Ga in charge of the affairs relevant to movable cultural heritage who is a public official belonging to the Cultural Heritage Administration, the National Museum of Korea, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, or a Special Self-Governing Province;
3. A person with at least a bachelor’s degree in movable cultural heritage or other related areas who has engaged in an area related to the cultural heritage concerned for at least two years;
4. A person who holds a position of an assistant professor or higher at a college department relevant to movable cultural heritage or natural monuments or a person who has lectured for at least two years at the aforementioned college department;
5. A person who has authored a book or published at least three thesis papers in the area relevant to movable cultural heritage;
6. A person who has engaged in the area of movable cultural heritage for at least three years consecutively as a State or local government public official of Grade V or higher;
7. A person who has engaged in the area of movable cultural heritage for at least five years consecutively.
(3) The Administrator of the Cultural Heritage Administration may assign a cultural heritage appraiser to the following places pursuant to Article 60-2 (1) of the Act: <Newly Inserted by Presidential Decree No. 26575, Oct. 6, 2015; Presidential Decree No. Mar. 29, 2017>
1. An airport under subparagraph 3 of Article 2 of the Airport Facilities Act;
2. An international trade port under subparagraph 2 of Article 2 of the Harbor Act;
3. A clearance post office under Article 256 (2) of the Customs Act;
4. The Inter-Korean Transit Office under Article 30-4 of the Decree on the Organization of the Ministry of Unification and Institutions under Its Jurisdiction.
(4) Matters necessary for the procedures and methods of appraisal under paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 26575, Oct. 6, 2015>
 Article 38 (Schemes for Preservation and Management of Ordinary Movable Cultural Heritage)
(1) Any scheme for the preservation and management of cultural heritage under Article 61 (2) of the Act shall include the following:
1. Current status of ordinary movable cultural heritage;
2. Details of acquisition of ordinary movable cultural heritage and the history of its management and repair;
3. Cultural heritage that requires improvement in preservation and management and the measures for such improvement (including the details of such measures and the time table and method of taking such measures);
4. Plans for the preservation treatment of ordinary movable cultural heritage and the utilization thereof for academic research, etc.
(2) The head of a State agency or a local government in receipt of a request from the Administrator of the Cultural Heritage Administration pursuant to Article 61 (3) of the Act shall report a scheme for the preservation and management of the relevant cultural heritage to the Administrator of the Cultural Heritage Administration within 30 days from the date on which he/she is so requested.
 Article 38-2 Deleted. <by Presidential Decree No. 27272, Jun. 28, 2016>
 Article 39 Deleted. <by Presidential Decree No. 27720, Dec. 30, 2016>
 Article 40 (Reporting)
Where a case falling under any subparagraph of Article 73 (1) of the Act arises, the Mayor/Do Governor shall report it to the Administrator of the Cultural Heritage Administration within 15 days from the date on which such case arises.
 Article 41 (Permission for Cultural Heritage Trade Business)
(1) A person who needs to obtain permission for cultural heritage trade business under Article 75 (1) of the Act shall be those who intend to engage in business of trading or exchanging tangible cultural heritage or tangible folklore resources (including any person who intends to engage in such business on commission) which are categorized as movable property and produced at least 50 years ago.
(2) A person who intends to obtain permission for cultural heritage trade business in accordance with Article 75 (1) of the Act shall file an application for permission with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
(3) Every cultural heritage dealer shall annually report actual circumstances along with documents stating the current status of the preservation of cultural heritage under paragraph (1) and the current status of their trade and exchanges to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by January 31 of the following year, as determined by Ordinance of the Ministry of Culture, Sports and Tourism in accordance with Article 75 (2) of the Act. <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in receipt of a report on the actual circumstances under paragraph (3) shall report it to the Administrator of the Cultural Heritage Administration by the last day of February of the following year via the competent Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor). <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
 Article 42 (Delegation of Authority)
The Administrator of the Cultural Heritage Administration shall delegate the following authority to the competent Mayor/Do Governor pursuant to Article 82 of the Act:
1. Consultation for permission or permission for alteration under Article 87 (1) 3 of the Act;
2. Notification pursuant to Article 47 (2).
[This Article Wholly Amended by Presidential Decree No. 23, Dec. 23, 2014]
 Article 43 (Scope of Investigative Authority)
(1) The investigative authority under Article 86 of the Act are the following agencies:
1. Prosecutors;
2. Judicial police officers under Article 196 of the Criminal Procedure Act;
3. Persons who perform the duties of a judicial police officer pursuant to Article 47 of the Prosecutors' Office Act;
4. State public officials or local public officials under subparagraph 14 of Article 5 of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties;
5. Customs officials under Article 295 of the Customs Act.
(2) No person falling under any subparagraph of paragraph (1) may be an informant under Article 86 (1) of the Act.
 Article 44 (Handling Information Received)
An investigative agency in receipt of any information under Article 86 of the Act shall prepare a record of information and submit it to the Administrator of the Cultural Heritage Administration, as determined by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 45 (Payment of Monetary Rewards)
(1) Guidelines for the payment of monetary rewards under Article 86 of the Act shall be as follows: <Amended by Presidential Decree No. 26575, Oct. 6, 2015>
ClassAmount of Monetary Rewards
InformantContributor to Arrest
Class 120 million won4 million won
Class 215 million won3 million won
Class 310 million won2 million won
Class 45 million won1 million won
Class 52.5 million won500,000 won
(2) Guidelines for the payment of monetary rewards under paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 46 (Distribution of Monetary Rewards)
In making payment of monetary rewards in accordance with Article 45, if there are at least two informants or persons who have contributed to the arrest of offenders, the Administrator of the Cultural Heritage Administration shall determine their due shares, taking into account of their respective contributions: Provided, That if the persons who are entitled to monetary rewards have reached an agreement on their shares in advance, distribution may be made according to agreed amounts or proportions.
[This Article Wholly Amended by Presidential Decree No. 26575, Oct. 6, 2015]
 Article 47 (Designation, etc. of Historic Sites within Boundaries of Natural Park Areas)
(1) Cases for which consultation with the competent park management authority is required pursuant to Article 87 (1) and (2) of the Act are as follows: <Amended by Presidential Decree No. 25873, Dec. 23, 2014>
1. In cases of Article 87 (1) 1 or 2 of the Act: Where an area or zone of not less than 30,000 square meters is designated within a park area under the Natural Parks Act;
2. In cases of Article 87 (1) 3 and 87 (2) of the Act: Where permission or revised permission under Article 35 (1) of the Act is granted in a park area under the Natural Parks Act (limited to cases referred to in each subparagraph of Article 23 (1) of the Natural Parks Act, but excluding extending, renovating, reconstructing, or relocating State-designated or City/Do-designated cultural heritage or a cultural heritage resource, or its protective facility, or painting the exterior of such cultural heritage, resource or facility).
(2) Where the Administrator of the Cultural Heritage Administration designates an area or zone of less than 30,000 square meters within a park area under the Natural Parks Act and does an act falling under Article 87 (1) 1 and 2 of the Act, he/she shall notify the competent park management authority of the details thereof.
 Article 47-2 (Review of Regulation)
(1) The Administrator of the Cultural Heritage Administration shall review the appropriateness of the alteration, etc. of the current state of State-designated cultural heritage, etc. under Article 21-2 every five years from January 1, 2014 (referring to no later than day before January 1 of every subsequent fifth year) and shall take measures, such as making improvements.
(2) Deleted. <by Presidential Decree No. 28471, Dec. 12, 2017>
[Wholly Amended by Presidential Decree No. 25873, Dec. 23, 2014]
 Article 48 (Standards for Imposition of Administrative Fines)
(1) Standards for the imposition of an administrative fine under Article 103 of the Act are as stipulated in attached Table 3.
(2) The Administrator of the Cultural Heritage Administration, a Mayor/Do Governor, or the head of a Si/Gun/Gu may increase or decrease an administrative fine up to 1/2 of its amount in accordance with the standards under paragraph (1) in consideration of the motive, content, frequency, gravity, etc. of violations: Provided, That if so increased, the total amount of the administrative fine may not exceed its ceiling provided for in Article 103 of the Act.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2011.
Article 2 (Transitional Measures concerning Selection of Assistant Instructors for Initiation)
The previous provisions shall apply to a person who is undergoing a procedure for selecting assistant instructors for initiation into important intangible cultural heritage under the previous provisions as at the time this Decree enters into force, notwithstanding Article 26.
Article 3 (Transitional Measures concerning Recommendation on Designation of City/Do-Designated Cultural Heritage)
The Mayor/Do Governor who is recommended to designate or preserve cultural heritage as City/Do-designated cultural heritage or cultural heritage resource (including its protective facilities or protection zones) from the Administrator of the Cultural Heritage Administration under the previous provisions as at the time this Decree enters into force shall determine whether to designate as such, following deliberation thereon by the competent City/Do Cultural Heritage under Article 71 (1) of the Act within one year from the date this Decree enters into force.
Article 4 (General Transitional Measures concerning Administrative Dispositions, etc.)
An act performed by or in relation to an administrative agency under the previous provisions as at the time this Decree enters into force shall be deemed an act performed by or in relation to an administrative agency under this Decree corresponding thereto.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes)
A citation of any provision of the previous Enforcement Decree of the Cultural Heritage Employment Protection Act by any other statute as at the time this Decree enters into force shall be deemed a citation of the provisions of this Decree in lieu of the previous provisions, if such corresponding provision exists herein.
ADDENDUM <Presidential Decree No. 23862, Jun. 19, 2012>
This Decree shall enter into force on July 27, 2012.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25576, Aug. 27, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 29, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25873, Dec. 23, 2014>
This Decree shall enter into force on January 29, 2015.
ADDENDA <Presidential Decree No. 26575, Oct. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016: Provided, That the amended provisions of Articles 45 (1) and 46 shall enter into force on January 1, 2016.
Article 2 (Applicability to Procedures for Permission for Alteration of Current State)
The amended provisions of Article 21 shall apply beginning with an application for permission for alteration of the current state of State-designated cultural heritage or for alteration of permitted matters under Article 35 (1) of the Act after this Decree enters into force.
Article 3 (Transitional Measures concerning Payment of Monetary Rewards)
Notwithstanding the amended provisions of Articles 45 (1) and 46, the former provisions shall apply where a person informs the investigative authority of a person who has committed or attempted any crime provided in Articles 90 through 92 of the Act or Article 31 of the Act on Protection and Inspection of Buried Cultural Heritage or contributes to the arrest of such person before the enforcement date under the proviso to Article 1 of the Addenda.
ADDENDUM <Presidential Decree No. 27272, Jun. 28, 2016>
This Decree shall enter into force on August 4, 2016.
ADDENDUM <Presidential Decree No. 27720, Dec. 30, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27810, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017. <Proviso Omitted.>
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28104, Jun. 13, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 8 shall enter into force on June 21, 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.
ADDENDA <Presidential Decree No. 28685, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3-2, 8, and 8-2 of this Decree, and the amended provisions of subparagraph 2 (a) and (b) of attached Table 3 shall enter into force on March 22, 2018.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of subparagraph 2 (a) of the attached Table 3, application of the criteria for imposition of administrative fines against violations committed before this Decree enters into force shall be governed by the former provisions.
(2) Administrative fines imposed against the violations committed before this Decree enters into force shall be counted in the number of violations under the amended provisions of subparagraph 2 (a) of attached Table 3.
ADDENDUM <Presidential Decree No. 28908, May 28, 2018>
This Decree shall enter into force on May 28, 2018.