REGULATIONS ON EXCAVATION OF ARTICLES BURIED IN STATE PROPERTY
Presidential Decree No. 9247, Dec. 30, 1978
Amended by Presidential Decree No. 12783, Aug. 24, 1989
Presidential Decree No. 12866, Dec. 29, 1989
Presidential Decree No. 15379, May 24, 1997
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 20171, Jul. 18, 2007
Presidential Decree No. 20720, Feb. 29, 2008
Presidential Decree No. 21025, Sep. 22, 2008
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 22940, May 30, 2011
Presidential Decree No. 24441, Mar. 23, 2013
Presidential Decree No. 25985, Jan. 6, 2015
Presidential Decree No. 28211, Jul. 26, 2017
The purpose of this Decree is to prescribe matters necessary to excavate articles buried in land or other property of the State or under the sea.
| Article 2 (Definition of Term) |
The term "buried articles" in this Decree means articles buried in land or other property of the State or under the sea, excluding those articles prescribed by other statutes.
| Article 3 (Jurisdictional Agencies) |
| (1) | Where articles are buried in the land or other property of the State, duties relating to excavating such articles shall be managed by the head of a central administrative agency managing such land or property, or by a local administrative agency or the head of a local government delegated with such duties by the head of the central administrative agency; where articles are buried under the sea, duties relating to excavating such articles shall be handled by the Minister of Oceans and Fisheries or by the head of a regional office of oceans and fisheries delegated with such duties by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 24441, Mar. 23, 2013; Presidential Decree No. 25985, Jan. 6, 2015> |
| (2) | Where buried articles are located in the military installations under the Protection of Military Bases and Installations Act, the Minister of National Defense, or the commanding officer of the military camp or the head of an agency delegated with duties relating to the excavation of such articles by the Minister of National Defense, shall take charge of such duties, notwithstanding paragraph (1). <Amended by Presidential Decree No. 21025, Sep. 22, 2008> |
| Article 4 (Approval for Excavation) |
| (1) | An institution in charge of the duties relating to excavating buried articles pursuant to Article 3 (hereinafter referred to as “competent agency”) may allow a person who obtains approval under this Decree to excavate buried articles, as prescribed by this Decree. |
| (2) | When a competent agency intends to grant approval under paragraph (1) for the excavation of buried articles, which are undersea cables, underwater cables or underground cables currently unused, it shall have consultation with the Minister of Science and ICT or the head of a regional office of the Korea Post who is entrusted with duties relating to the excavation of such articles by the Minister of Science and ICT. <Amended by Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 22940, May 30, 2011; Presidential Decree No. 24441, Mar. 23, 2013; Presidential Decree No. 28211, Jul 26, 2017> |
| Article 5 (Application for Approval) |
A person who intends to obtain approval for excavating buried articles (hereinafter referred to as “approval for excavation”) shall file an application (including an application in electronic format) stating location of the buried articles, estimated quantity, estimated value and history of discovery accompanied by the following documents with a competent agency. In such cases, the competent agency shall verify whether a property tax or a global land tax (applicable only where a financial guarantor guarantees the obligations of the person who files an application, which is backed by property equivalent to at least 1/2 of the expenses to be incurred) has been paid by the financial guarantor through the joint use of administrative information under Article 36 (1) of the Electronic Government Act; and where the financial guarantor does not agree to the verification, the person who files an application shall be made to attach documents certifying that such tax has been paid: <Amended by Presidential Decree No. 12783, Aug. 24, 1989; Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 20171, Jul. 18, 2007; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010> | 1. | Drawings indicating location of the buried articles; |
| 3. | A plan to finance project expenses; |
| 4. | A detailed statement of expenses to be incurred; |
| 5. | An affidavit of support signed by two financial guarantors, or a performance guarantee insurance policy with a special agreement specifying the payment of a fixed amount at least equivalent to the expenses to be incurred; |
| 6. | Deleted. <by Presidential Decree No. 22467, Nov. 2, 2010> |
| Article 6 (Deposit for Excavation) |
| (1) | A person who intends to obtain approval to excavate buried articles shall pay a competent agency a deposit for excavation equivalent to at least 10/100 of the estimated value of the buried articles when he/she files an application under Article 5. In such cases, Article 119 (2) of the Enforcement Decree of the Budget and Accounts Act shall apply mutatis mutandis to the method of payment. <Amended by Presidential Decree No. 12866, Dec. 29, 1989> |
| (2) | Where a person who obtains approval for excavation (hereinafter referred to as “excavator”) completes excavating and reinstating the area under Article 14, the competent agency shall return the deposit for excavation under paragraph (1). |
| (3) | Where an excavator’s application for excavation is revoked pursuant to subparagraphs 1 through 4 or 6 of Article 10, the competent agency shall transfer the deposit for excavation to State coffers. In such cases, Article 119 (1) of the Enforcement Decree of the Budget and Accounts Act shall apply mutatis mutandis to the method of transfer when an affidavit of support or an insurance policy is received in lieu of a deposit for excavation. <Amended by Presidential Decree No. 12866, Dec. 29, 1989> |
| Article 7 (Exclusion from Approval) |
A jurisdictional agency shall not grant approval for excavation in any of the following cases:
| 1. | Where a person deemed to have no financial resources makes an application; |
| 2. | Where the relevant buried article is deemed to have lost efficiency as an article when it is excavated; |
| 3. | Where a person, whose approval for excavation has been revoked pursuant to subparagraphs 1 through 6 of Article 10, makes an application; |
| 4. | Where excavation is deemed to threaten national security or public welfare. |
| Article 8 (Order of Priority for Approval) |
Where several persons apply for excavation of the same buried article, the first applicant shall be given approval.
| Article 9 (Written Approval) |
When a jurisdictional agency approves excavation, it shall issue written approval and the excavator shall carry it while excavation is in process.
| Article 10 (Revocation of Approval) |
The jurisdictional agency may revoke approval for excavation in any of the following cases:
| 1. | Where the excavator is found to have obtained approval for excavation deceitfully; |
| 2. | Where the excavator fails to commence excavation works by the deadline under Article 11; |
| 3. | Where the excavator excavates another type of article without obtaining approval under Article 13; |
| 4. | Where the excavator conceals or sells an excavated article illegally or intentionally or by gross negligence damages the article; |
| 5. | Where the excavator fails to make a statement or report under Articles 11 through 13; |
| 6. | Where the excavator violates any condition for approval for excavation; |
| 7. | Where continuing excavation is deemed harmful to national security or public welfare. |
Where a jurisdictional agency intends to revoke approval for excavation under Article 10, it shall hold a hearing. [This Article Newly Inserted by Presidential Decree No. 15598, Dec. 31, 1997]
| Article 11 (Implementation of Excavation Work) |
| (1) | An excavator shall commence excavation of buried articles within 30 days from the date he/she obtains approval; and shall notify the jurisdictional agency of such fact within ten days from the date he/she starts the excavation work. |
| (2) | If an excavator fails to commence excavation of buried articles by the deadline under paragraph (1) in an extenuating circumstance, he/she shall report the reasons to the jurisdictional agency within ten days from the deadline and obtain approval for postponing the deadline. |
| Article 12 (Work Progress Report) |
| (1) | An excavator shall report the progress of excavation works as at the 15th and last day of each month to the competent agency within 10 days of such dates. In such cases, where an article is excavated, he/she shall submit a detailed statement specifying the name and quantity or weight of the relevant article. |
| (2) | When an excavator finishes or suspends excavation of buried articles, he/she shall report such fact to the competent agency within 10 days from the date of finish or suspension. |
| Article 13 (Report on Different Kinds of Articles) |
| (1) | Where an excavator finds an article other than that for which approval is obtained, he/she shall report the name and estimated quantity of the buried article, date discovered, etc. to the competent agency within 10 days of discovery. |
| (2) | In cases falling under paragraph (1), where the excavator intends to excavate the buried article, he/she shall obtain separate approval for excavation. |
| Article 14 (Restoration to Original State) |
When an excavator finishes excavation work, he/she shall reinstate land and other property. The same shall also apply where approval for excavation is revoked.
| Article 15 (Bearing Expenses) |
An excavator shall bear expenses for excavating buried articles, for transporting and storing excavated articles, and for reinstating land and other property under Article 14.
| Article 16 (Compensation, etc. for State-Owned Buried Articles) |
| (1) | Where the owner of excavated articles is found to be the State, the jurisdictional agency shall deliver articles worth 60/100 of the estimated value (a 60/100 stake if the articles are indivisible) to the excavator if the articles have been buried in the land or other property; and shall deliver articles worth 80/100 of the estimated value (a 80/100 stake if the articles are indivisible) to the excavator if the articles have been buried under the sea. |
| (2) | Paragraph (1) shall not apply to a person whose approval for excavation is revoked pursuant to subparagraphs 1 through 6 of Article 10. |
| (3) | In cases falling under paragraph (1), the jurisdictional agency shall sell the articles or stake delivered to the State and transfer the proceeds to State treasury. In such cases, the competent agency may sell them to the excavator through a negotiated contract. |
| Article 17 (Return of Buried Articles Privately Owned) |
Where a person other than the State is found to be the owner of buried articles, the excavator shall return them to the owner.
| Article 18 (Handling of Buried Articles of which Owner is Unknown) |
| (1) | Where the owner of buried articles is not found, the competent agency shall publicly announce the description of the buried articles, date of discovery, place of discovery, etc. in the bulletin board of the agency for 14 days. |
| (2) | Where an owner is not determined within one year of public announcement under paragraph (1), Article 16 shall apply mutatis mutandis. |
A competent agency shall supervise excavators over excavation, and transportation and storage of buried articles; and it may take necessary measures.
| Article 20 (Change of Jurisdictional Agency) |
Where the jurisdictional having jurisdiction over buried articles changes, receipt of an application for approval for excavation or approval for excavation by the previous competent agency before such change is made shall be deemed receipt or approval by the new jurisdictional agency after such change is made.
When a jurisdictional agency completes duties concerning excavating, compensating and handling buried articles for which the agency gives approval, it shall report such fact to the Minister of Strategy and Finance and the Board of Audit and Inspection within 15 days of the completion. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
| Article 22 (Detailed Matters) |
Matters necessary to implement this Decree shall be determined by the Minister of Strategy and Finance. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Repeal of Statutes) The Presidential Decree No. 5068, the Regulations on Handling of Buried Articles, as at the time this Decree enters into force is hereby repealed. |
| (3) | (Transitional Measures) Administrative actions and other acts performed under the Regulations on Handling of Buried Articles by a managing agency on articles buried in land or other property of the State or under water shall be deemed performed by a competent agency under this Decree. |
| (4) | (Transitional Measures) Previous provisions shall apply to permission for excavation of articles buried in land or other property other than State-owned land or property according to the Regulations on Handling of Buried Articles as at the time this Decree enters into force. |
ADDENDA <Act No. 12783, Aug. 24, 1989>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1990: Provided, That the amended provisions of Articles 76, 79, 80, 86-3, 130-2, 182 and 209 shall enter into force on the date of their promulgation. Articles 2 and 3 Omitted.
ADDENDA <Act No. 12866, Dec. 29, 1989>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 46 and 104 shall enter into force on January 1, 1990. Articles 2 through 4 Omitted.
ADDENDA <Act No. 15379, May 24, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Act No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Act No. 20171, Jul. 18, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 20720, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of a Presidential Decree promulgated before this Decree enters into force, but of which the date President Decree enters into force has not yet arrived, from among Presidential Decrees amended pursuant of Article 8 of Addenda, shall enter into force on the date respective Presidential Decree enters into force.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 21025, Sep. 22, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Act No. 22940, May 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 24441, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of a Presidential Decree promulgated before this Decree enters into force, but of which the date President Decree enters into force has not yet arrived, from among Presidential Decrees amended pursuant of Article 8 of Addenda, shall enter into force on the date respective Presidential Decree enters into force.
Articles 2 through 8 Omitted.