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CULTURAL HERITAGE PRESERVATION FUND ACT

Act No. 9756, jun. 9, 2009

Amended by Act No. 12692, May 28, 2014

Act No. 13963, Feb. 3, 2016

Act No. 14435, Dec. 20, 2016

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary for the establishment of cultural heritage preservation fund in order to raise money needed for the efficient preservation and management of cultural heritage and for the management and operation thereof.
 Article 2 (Definitions)
The terms "cultural heritage" and "designated cultural heritage" shall mean the cultural heritage and designated cultural heritage prescribed in Article 2 (1) and (2) of the Cultural Heritage Protection Act.
 Article 3 (Establishment of Fund)
The Government shall establish a cultural heritage protection fund (hereinafter referred to as "fund") in order to secure financial resources necessary for the preservation and management of cultural heritage.
 Article 4 (Creation of Fund)
(1) The fund shall be created from the resources in the following subparagraphs:
1. Contributions from the Government;
2. Contributions, cash, articles or other property contributed or donated by persons other than the Government;
3. Money transferred from lottery fund prescribed by the Lottery Tickets and Lottery Fund Act;
4. Payments under paragraph (2);
5. Operational revenue from the fund;
6. Other revenues prescribed by Presidential Decree.
(2) The State and local governments which collect admission fees for designated cultural heritage pursuant to Articles 49 and 74 of the Cultural Heritage Protection Act shall pay 10/100 of the collected amount to the fund. <Amended by Act No. 13963, Feb. 3, 2016>
(3) Persons who make contributions or donations pursuant to paragraph (1) 2 may make contributions or donations after designating the use thereof in giving support for specific cultural heritage.
(4) Matters necessary for the procedures, methods and time of payments, submission of data relating to the receipt of payments, etc. shall be prescribed by Presidential Decree.
 Article 5 (Use of Fund)
The fund shall be used for a purpose falling under any of the following subparagraphs: <Amended by Act No. 13963, Feb. 3, 2016; Act No. 14435, Dec. 20, 2016>
1. Preventive management for the preservation of cultural heritage;
2. Emergency repair or restoration of cultural heritage due to damage, loss, etc.;
3. Small-scale or emergency excavation of buried cultural heritage;
4. Compensation for loss under subparagraphs 1 and 3;
5. Fosterage and support of cultural heritage protection activities by private citizens;
6. Financial support for the operation of organizations for research on the preservation, management, and security policies for cultural heritage;
7. Inspection of and research on undesignated cultural heritage, such as sites of desolated temples under Article 13 (1) 3 of the Act on Protection and Inspection of Buried Cultural Heritage;
8. Support for other programs or activities for the preservation of cultural heritage as prescribed by Presidential Decree.
 Article 6 (Management and Operation of Fund)
(1) The fund shall be managed and operated by the Administrator of the Cultural Heritage Administration.
(2) Pursuant to Presidential Decree, the Administrator of the Cultural Heritage Administration may entrust all or part of the duties concerning the management and operation of the fund to the Korea Cultural Heritage Foundation established under Article 9 of the Cultural Heritage Protection Act or a corporation designated by the Administrator of the Cultural Heritage Administration. <Amended by Act No. 12692, May 28, 2014>
(3) Other matters necessary for the management and operation of the fund shall be prescribed by Presidential Decree.
 Article 7 (Cultural Heritage Protection Fund Deliberation Council)
(1) In order to deliberate matters in the following subparagraphs concerning the management and operation of the fund, a cultural heritage protection fund deliberation council (hereinafter referred to as "deliberation council") shall be established under the control of the Administrator of the Cultural Heritage Administration:
1. Main policy concerning the management and operation of the fund;
2. Establishment of a draft of fund operation plan prescribed in Article 66 of the National Finance Act;
3. Modification of the amount of expenditure in the main category prescribed in Article 70 (2) of the National Finance Act;
4. Preparation of fund outcome report prescribed in Article 9 (3) of the National Finance Act and of account settlement statement of the fund prescribed in Article 73 of the same Act;
5. Other important matters concerning the management and operation of the fund, which are prescribed by Presidential Decree and recognized as necessary and referred to the deliberation council for deliberation by the chairperson of the deliberation councils.
(2) Not less than 1/2 of the members of the deliberation council including the chairperson shall be entrusted from among persons who are not public officials and persons relating to cultural heritage protection organizations.
(3) The organization and operation of the deliberation council and other necessary matters shall be prescribed by Presidential Decree.
 Article 8 (Fiscal Year of Fund)
The fiscal year of the fund shall conform to the fiscal year of the government.
 Article 9 (Accounting of Fund)
The accounting of the fund shall be conducted pursuant to the accounting principles of enterprises.
 Article 10 (Accounting Institution of Fund)
In order to manage revenues and expenditures of the fund, the Administrator of the Cultural Heritage Administration shall appoint a fund revenue collector, fund financier, fund disburser and fund disburse and receipt official from among affiliated public officials.
 Article 11 (Establishment of Fund Accounts)
The Administrator of the Cultural Heritage Administration shall require the fund disburser to establish an account of the fund in the Bank of Korea.
 Article 12 (Prohibition of Use Other than Purpose)
(1) No person who is supported by the fund shall use it for a use other than the purpose specified at the time he/she receives the support.
(2) If the provided fund is used for unspecified purposes, the Administrator of the Cultural Heritage Administration shall revoke the support and redeem it.
 Article 13 (Legal Fiction as Public Officials in Applying Penal Provisions)
The executives and employees of a corporation performing the duties of management and operation of the fund entrusted as prescribed in Article 6 (2) shall be deemed public officials in applying penal provisions pursuant to Articles 129 through 132 of the Criminal Act.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12692, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 13963, Feb. 3, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14435, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.