KOREAN TRADITIONAL TEMPLES PRESERVATION AND SUPPORT ACT
Wholly Amended by Act No. 8348, Apr. 11, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9313, Dec. 31, 2008
Act No. 9743, Mar. 5, 2009
Act No. 10331, May 31, 2010
Act No. 11317, Feb. 17, 2012
The purpose of this Act is to contribute to the succession of traditional culture and the enhancement of national culture by preserving and supporting traditional temples of historical significance as heritage of national culture and cultural heritage belonging to traditional temples. <Amended by Act No. 9473, Mar. 5, 2009; Act No. 11317, Feb, 17, 2012>
The terms used in this Act shall be defined as follows: <Amended by Act No. 11317, Feb. 17, 2012>
| 1. | The term "traditional temple" means facilities and space for the enshrinement of images as subject matter of the religious belief of Buddhism, the ascetic practices of monks, and the edification of believers and that are registered in accordance with Article 4; |
| 2. | The term "chief monk" means the representative of a traditional temple, who operates the temple and manages its property, and is in charge of the preservation, development and succession of the traditional temple; |
| 3. | The term "traditional temple preservation area" means the following land as the area that belongs to a temple for Buddhist rituals, the ascetic practices of monks, and the edification of believers: |
| (a) | Land on which buildings and structures (including buildings, standing trees, bamboos and other fixtures on the ground; hereinafter the same shall apply) belonging to the temple are erected, and its appurtenant land connected thereto; |
| (b) | Land used as a road for access to the temple; |
| (c) | Land used for Buddhist rituals (including land used for offering Buddhist prayers and practicing asceticism); |
| (d) | A garden, forest, cultivated land and grassland owned by the temple; |
| (e) | Land owned by the temple, which is used for preserving the dignity or scenic beauty of the temple; |
| (f) | Land deemed closely connected with the relevant temple based on history, record, etc., and under the management of the temple; |
| (g) | Land used to prevent damage to buildings and structures owned by the temple, and land referred to in items (a) through (f); |
| 4. | The term "cultural heritage" means tangible cultural heritage, such as Buddhist architecture, Buddhist sculptures, Buddhist paintings, Buddhist crafts, Buddhist scriptures and other documents, and intangible cultural heritage, such as Buddhist rites, Buddhist art, seasonal customs and traditional cultural events, belonging to a traditional temple; |
| 5. | The term "chattel" means a Buddhist image, picture, stonework, ancient document, ancient calligraphic work and painting, bell, scripture, or other asset that belongs to a temple and that is recognized as material with an extensive history or value in the aspect of science, art, or archeology, which have passed more than 50 years since its production or preparation; |
| 6. | The term "real property" means a building site, farmland, forest, and buildings that belong to a temple. |
| Article 3 (Protection of Dignity of Traditional Temples and Environments for Asceticism) |
Everyone shall respect the dignity of traditional temples and environments for asceticism therein and shall not degrade or interfere therewith, and anyone who executes any construction work or development project shall endeavor to prevent the historical and cultural value of traditional temples from being damaged.
| Article 3-2 (Responsibilities of State, etc.) |
The State and each local government shall proactively endeavor to preserve, manage and utilize traditional temples.
[This Article Newly Inserted by Act No. 11317, Feb, 17, 2012]
| Article 4 (Designation and Registration of Traditional Temples) |
| (1) | If the chief monk of a temple intends to have the temple he/she is operating and managing designated as a traditional temple, he/she may file an application for the designation of a traditional temple with the Minister of Culture, Sports and Tourism through the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") along with a letter of recommendation issued by the representative of an organization to which the temple belongs (a letter of recommendation is not required where the temple does not belong to any organization), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11317, Feb. 17, 2012> |
| (2) | Upon receipt of an application under paragraph (1) or ex officio, the Minister of Culture, Sports and Tourism may designate any of the following temples as a traditional temple, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11317, Feb. 17, 2012> |
| 1. | A temple deemed to have distinctive features of a specific time from a historical point of view; |
| 2. | A temple deemed specifically necessary for understanding a trend in Buddhism, culture, art and history of architecture indigenous to Korea; |
| 3. | A temple serving a typical model when considering the creation and change of Korean culture; |
| 4. | A temple deemed appropriate to be registered as a traditional temple in the light of other cultural values. |
| (3) | When the Minister of Culture, Sports and Tourism designates a traditional temple pursuant to paragraph (2), he/she shall publicly notify the designation and also notify the chief monk of the temple and the representative of an organization to which such temple belongs thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11317, Feb. 17, 2012> |
| (4) | Upon receipt of a notice under paragraph (3), the chief monk of a temple shall register the temple as a traditional temple with the competent Mayor/Do Governor. The same shall also apply to a modification to any registered fact.<Amended by Act No. 11317, Feb. 17, 2012> |
| (5) | Matters necessary for the designation, notification, and registration of traditional temples under paragraphs (2) through (4) shall be prescribed by Presidential Decree. |
| Article 5 (Cancellation of Designation and Erasure of Registration) |
| (1) | If a Mayor/Do Governor or the chief monk of a traditional temple deems that the traditional temple designated or registered pursuant to Article 4 is destroyed by fire or lost its historical significance or cultural value due to any other cause, he/she may apply for cancellation of its designation as a traditional temple. In such cases, the chief monk of the traditional temple shall file such application through the competent Mayor/Do Governor. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11317, Feb. 17, 2012> |
| (2) | If the Minister of Culture, Sports and Tourism deems it unnecessary to preserve a temple as a traditional temple, either ex officio or upon an application filed under paragraph (1), he/she may cancel the designation of the traditional temple, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) | When the Minister of Culture, Sports and Tourism cancels the designation of a traditional temple pursuant to paragraph (2), he/she shall publicly notify the fact and shall also notify the competent Mayor/Do Governor, the chief monk of the relevant temple and the representative of an organization to which such temple belongs thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11317, Feb. 17, 2012> |
| (4) | Upon receipt of a notice of the cancellation of designation pursuant to paragraph (3), the competent Mayor/Do Governor shall erase the registration of the relevant traditional temple. |
| (5) | Matters necessary for the cancellation of designation of traditional temples and the erasure of registration of such temples under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
| Article 6 (Designation of Traditional Temple Preservation Zonesand Restrictions on Acts) |
| (1) | If the chief monk of a traditional temple designated or registered pursuant to Article 4 requests the competent Mayor/Do Governor to designate a traditional temple preservation zone, the Mayor/Do Governor shall, of the traditional temple preservation area, designate an area necessary for protecting the traditional temple and environments for asceticism and preserving scenic beauty asa traditional temple preservation zone and shall notify the public of such fact. <Amended by Act No. 11317, Feb. 17, 2012> |
| (2) | Where the significance of the designation as a traditional temple preservation zone is lost or the preservation thereof is no longer required due to a natural disaster or on other grounds, the competent Mayor/Do Governor may change such zone or cancel the designation thereof. <Newly Inserted by Act No. 11317, Feb. 17, 2012> |
| (3) | No one shall do the following acts in any traditional temple preservation zone designated pursuant to paragraph (1): Provided, That the foregoing shall not apply to acts prescribed by Presidential Decree within the extent that the preservation, maintenance, and development of a traditional temple and the environments for asceticism therein are not jeopardized: <Amended by Act No. 11317, Feb. 17, 2012> |
| 1. | Building and altering a building or structure that does not aim at the propagation of Buddhism, practices, maintenance and development of the traditional temples and the public interest; |
| 2. | Commercial activities. |
| (4) | Matters necessary for the designation of a traditional temple preservation zone, the change thereof, the cancellation of the designation thereof, restrictions on acts therein, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11317, Feb. 17, 2012> |
| Article 7 (Traditional Temples Preservation Committees) |
| (1) | There is hereby established a traditional temples preservation committee under the jurisdiction of each Mayor/Do Governor to deliberate on the following matters with respect to the preservation of traditional temples: <Amended by Act No. 11317, Feb. 17, 2012> |
| 1. | Application for the cancellation of designation as a traditional temple under Article 5 (1); |
| 2. | Designation and change of traditional temple preservation zones, and the cancellation of the designation thereof under Article 6; |
| 3. | Designation and change of the preservation zone of the history of culture of a traditional temple, the cancellation of the designation thereof under Article 10 and recommendations to adjust or supplement project plans therefor; |
| 4. | Other matters brought to the committee by the chairperson in relation to the preservation of traditional temples. |
| (2) | Each traditional temples preservation committee shall be comprised of no more than nine members, including one chairperson. The chairperson shall be elected by and from among committee members, while committee members shall be commissioned by each Mayor/Do Governor from among experts who have abundant knowledge and experience relating to history, traditional culture, traditional temples, or cultural heritage. |
| (3) | Matters necessary for the composition and operation of traditional temples preservation committees shall be prescribed by Presidential Decree. |
| Article 7-2 Deleted.<by Act No. 11317, Feb. 17, 2012> |
| Article 8 (Chief Monk's Duty to Manage) |
The chief monk of a traditional temple shall preserve and manage the temple in good faith.
| Article 9 (Permission for Transfer, etc. of Chattels or Real Property) |
| (1) | Where the chief monk of a traditional temple intends to transfer a chattel or real property (referring to real property owned by the traditional temple in a traditional temple preservation area of the relevant traditional temple or by an organization to which the temple belongs; hereafter the same shall apply in this Article), he/she shall obtain permission from the Minister of Culture, Sports and Tourism, along with a letter of approval issued by the representative of an organization to which the temple belongs (where the temple does not belong to any organization, a letter of approval is not required). |
| (2) | Where the chief monk of a traditional temple intends to lease a chattel or lease real property or provide it as security,he/she shall obtain permission from the competent Mayor/Do Governor, along with a letter of approval issued by the representative of an organization to which the temple belongs (where the temple does not belong to any organization, a letter of approval is not required). The same shall also apply where he/she intends to modify any permitted matters. |
| (3) | Where the chief monk of a traditional temple has transferred or leased real property, or provided it as security, without obtaining permission required under paragraphs (1) and (2), such transfer, lease or provision shall become null and void. |
[This Article Wholly Amended by Act No. 11317, Feb. 17, 2012]
| Article 9-2 (Permission to Do Acts in Traditional Temple Preservation Areas) |
| (1) | Where the chief monk of a traditional temple intends to do either the following acts, he/she shall obtain permission from the competent Mayor/Do Governor. The same shall also apply where he/she intends to modify any permitted matters: |
| 1. | Building, extending, remodeling, rebuilding, removing and reconstructing or demolishing a building in a traditional temple preservation area; |
| (2) | Where the chief monk of a traditional temple has obtained permission from the competent Mayor/Do Governor under paragraph (1), he/she shall be deemed to have obtained the following permission, etc.: |
| (3) | Where each Mayor/Do Governor grants permission pursuant to paragraph (1), if matters falling under any subparagraph of paragraph (2) are involved in such permission, he/she shall first consult with the head of the relevant administrative agency, and the head of the relevant administrative agency shall submit his/her opinion within 15 days after receipt of a request for consultation. |
[This Article Newly Inserted by Act No. 11317, Feb. 17, 2012]
| Article 9-3 (Standards for Permission and Revocation of Permission) |
| (1) | The Minister of Culture, Sports and Tourism or each Mayor/Do Governor shall grants permission only where an act subject to application for permission under Articles 9 and 9-2 does not hinder the protection of a traditional temple and does not damage environments for asceticism, and where such act meets any of the following requirements: |
| 1. | To enhance the utility value of a traditional temple; |
| 2. | To serve the public interest, such as providing convenience for residents; |
| 3. | To contribute to the dissemination and utilization of traditional culture; |
| (2) | Where a person who has obtained permission pursuant to Articles 9 and 9-2 falls under any of the following, the Minister of Culture, Sports and Tourism or the competent Mayor/Do Governor may revoke such permission: |
| 1. | Where he/she has obtained permission by deceit or other unlawful means; |
| 2. | Where he/she does an act different from what has been permitted or has violated conditions for permission; |
| 3. | Where the implementation of any permitted matters is deemed impractical or to substantially harm the public interest. |
[This Article Newly Inserted by Act No. 11317, Feb. 17, 2012]
| Article 10 (Designation, etc. of Preservation Zones of History and Culture of Traditional Temples) |
| (1) | When each Mayor/Do Governor deems it necessary to preserve a traditional temple, he/she may designate the neighboring area of a traditional temple preservation area as the preservation zone of the history of culture of the traditional temple, either ex officio or at the request of the chief monk of the traditional temple. <Amended by Act No. 11317, Feb. 17, 2012> |
| (2) | When each Mayor/Do Governor intends to designate the preservation zone of the history and culture of a traditional temple pursuant to paragraph (1), he/she shall undergo deliberation thereon by the relevant traditional temples preservation committee and consult with heads of appropriate administrative agencies in advance and, when he/she designates such zone, shall publicly notify the designation without delay. |
| (3) | A person who intends to carry out a project prescribed by Presidential Decree, such as construction of a road or railroad, within the preservation zone of the history and culture of any traditional temple shall submit a project plan to the competent Mayor/Do Governor before he/she obtains authorization, permission, etc. required under relevant Acts and subordinate statutes in relation to the implementation plan of the project, and where the competent Mayor/Do Governor deems it necessary to preserve a traditional temple, he/she may advise such person to adjust or supplement the project plan after the traditional temple preservation committee has deliberated on the project plan. <Amended by Act No. 11317, Feb. 17, 2012> |
| (4) | The permitting authority under Article 11 (1) of the Building Act may elect not to grant a building permit for the construction of a building within a preservation zone of the history and culture of a traditional temple, after deliberation by the relevant traditional temples preservation committee, if the use, size, or form of the building is deemed inappropriate for the protection of the traditional temple and the environments for asceticism therein and the preservation of scenic beauty. <Amended by Act No. 8974, Mar. 21, 2008; Act No. 11317, Feb. 17, 2012> |
| (5) | Where the significance of the preservation zone of the history and culture of a traditional temple is lost or the preservation thereof is no longer required due to a natural disaster or on other grounds, the competent Mayor/Do Governor may change such zone or cancel the designation thereof. <Newly Inserted by No. 11317, Feb. 17, 2012> |
| (6) | The scope of designation of preservation zones of the history and culture of traditional temples, procedures for the designation thereof, and other matters necessary for the designation and change thereof and the cancellation of the designation thereof shall be prescribed by Presidential Decree. <Amended by Act No. 11317, Feb. 17, 2012> |
| Article 10-2 (Protection and Support of Traditional Temples) |
| (1) | The Minister of Culture, Sports and Tourism or a Mayor/Do Governor may support research, studies, cultural events, etc. for effectively preserving and utilizing traditional temples and cultural heritage therein. <Amended by Act No. 11317, Feb. 17, 2012> |
| (2) | The scope of traditional temples and cultural heritage therein under paragraph (1) shall include the designated cultural assets under Article 2 (2) of the Cultural Heritage Protection Act, the registered cultural assets under Article 53 (1) of the aforesaid Act, and other undesignated cultural assets worthy of protection and preservation in any traditional temple conservation area. <Amended by Act No. 11317, Feb. 17, 2012> |
| (3) | Matters necessary for support prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 9473, Mar. 5, 2009]
| Article 11 Deleted.<By Act No. 11317, Feb. 17, 2012> |
| Article 12 Deleted.<By Act No. 11317, Feb. 17, 2012> |
| Article 13 (Protection of Traditional Temple Preservation Areas) |
| (1) | A person who intends to make a disposition of expropriation, use, or restriction under any other Act with regard to a traditional temple preservation area shall obtain consent thereto from the Minister of Culture, Sports and Tourism in advance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11317, Feb. 17, 2012> |
| (2) | When the Minister of Culture, Sports and Tourism intends to give his/her consent pursuant to paragraph (1), he/she shall consult with the representative of an organization to which a traditional temple belongs (where the traditional temple does not belong to any organization, referring the chief monk of the traditional temple). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11317, Feb. 17, 2012> |
| Article 14 (Prohibition of Seizure of Buildings, etc. for Propagation of Buddhist Teachings) |
Any building or structure and land in a traditional temple preservation area, that is owned by the traditional temple and provided for the propagation of Buddhist teachings, shall not be seized to satisfy a pecuniary claim under private law that arises after the registration under Article 4 is completed, unless such seizure is required for exercising a mortgage or any real right or the traditional temple becomes bankrupt. <Amended by Act No. 11317, Feb. 17, 2012>
| Article 15 (Prohibition of Acquisition of Assets by Chief Monk) |
The chief monk of a traditional temple shall not acquire any asset when the traditional temple's assets are disposed of.
| Article 15-2 (Matters to be Notified) |
Where any of the following grounds arises in relation to a traditional temple, the chief monk of the traditional temple shall notify the competent Mayor/Do Governor of the fact and the details thereof, as prescribed by Presidential Decree:
| 1. | Where the chief monk of the traditional temple or an organization to which such temple belongs is changed; |
| 2. | Where a fire, disaster, theft, etc. occurs in the traditional temple. |
[This Article Newly Inserted by Act No. 11317, Feb. 17, 2012]
| Article 16 Deleted.<by Act No. 11317, Feb. 17, 2012> |
The Minister of Culture, Sports and Tourism or each Mayor/Do Governor shall hold a hearing, when he/she intends to cancel designation pursuant to Article 5 (2) (excluding cancellation of designation at the request of the chief monk of a traditional temple) or to revoke permission pursuant to Article 9-3 (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11317, Feb. 17, 2012>
| Article 18 (Delegation of Authority) |
The Minister of Culture, Sports and Tourism may delegate part of his/her authority to each Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
The State or a local government may subsidize expenses incurred in the preservation, management and utilization of traditional temples. <Amended by Act No. 11317, Feb. 17, 2012>
| Article 19-2 (Prevention, etc. of Fires and Disasters) |
| (1) | The chief monk of each traditional temple shall endeavor to install facilities for damage prevention to prevent a fire, disaster, theft, etc. in the traditional temple. |
| (2) | Where the chief monk of a traditional temple installs, maintains or manages facilities for damage prevention under paragraph (1), the State and a local government may provide him/her with funds to cover all or some of expenses incurred in such installation, maintenance and management, within budgetary limits. |
[This Article Newly Inserted by Act No. 11317, Feb. 17, 2012]
| Article 20 (Permits to Alter Current State of Cultural Heritage) |
| Article 21 (Penal Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five million won: <Amended by Act No. 11317, Feb. 17, 2012>
| 2. | A person who does an act subject to permission without obtaining permission required under Articles 9 and 9-2 (1); |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (General Transitional Measure concerning Dispositions, etc.) An act done by or in relation to an administrative agency pursuant to previous provisions before this Act enters into force shall be deemed an act done by or in relation to the administrative agency pursuant to the corresponding provisions of this Act. |
| (3) | (Transitional Measure concerning Penal Provisions) In applying penal provisions, an act done before this Act enters into force shall be governed by previous provisions. |
| (4) | (Relationship with other Acts and Subordinate Statutes) A citation of the previous Traditional Temples Preservation Act or any provision thereof in other Acts or subordinate statutes as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision of this Act in lieu of the previous provision, if such corresponding provision exists in this Act. |
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 9473, Mar. 5, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 (Relationship with other Acts and Subordinate Statutes)
A citation of the previous Traditional Temples Preservation Act or any provision thereof in other Acts or subordinate statutes as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision of this Act in lieu of the previous provision, if such corresponding provision exists in this Act.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM<Act No. 11317, Feb. 17, 2012>
This Act shall enter into force six months after the date of its promulgation.