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ENFORCEMENT DECREE OF THE ACT ON THE NATURAL TRUST OF CULTURAL HERITAGES AND NATIONAL ENVIRONMENT ASSETS

Presidential Decree No. 19945, Mar. 22, 2007

Amended by Presidential Decree No. 21573, jun. 26, 2009

Presidential Decree No. 27252, jun. 21, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on the National Trust of Cultural Heritages and Natural Environment Assets and those necessary for the enforcement thereof.
 Article 2 (Minor Amendments to Basic Plans)
“Minor matters prescribed by Presidential Decree” in the proviso of Article 5 (6) of the Act on the National Trust of Cultural Heritages and Natural Environment Assets (hereinafter referred to as the “Act”) means any of the following:
1. Where less than 30/100 of the total amount is adjusted for the calculation of expenses for the acquisition, conservation and management of conservation property and the schemes to secure financial resources;
2. Where matters pertaining to the acquisition, management or use of general property are amended;
3. Where matters pertaining to the operation of the business organization established for administrative work of the national trust corporation are amended;
4. Where other matters that do not fall under any subparagraph of Article 5 (2) of the Act are amended.
 Article 3 (Matters to Be Included in Implementation Plans)
An implementation plan pursuant to Article 6 (1) of the Act shall include the following:
1. Matters concerning the objectives and strategies for the pertinent year for the acquisition, conservation and management of cultural heritages and natural environment assets;
2. A list of objects that need to be acquired as conservation property in the pertinent year;
3. Matters concerning the calculation of expenses for the acquisition, conservation and management of conservation property and the schemes to secure financial resources in the pertinent year;
4. Matters concerning projects to acquire, conserve and manage conservation property;
5. Other matters concerning major projects for public relations, education, international cooperation, etc.
 Article 4 (Consultation Procedures for Basic Plans and Implementation Plans)
Upon receipt of a request for consultation about a basic plan or an implementation plan pursuant to Article 5 (4) or 6 (2) of the Act, the head of the related central administrative agency shall notify the national trust corporation of the result within 30 days of receiving such request: Provided, That where there is any unavoidable reason, the period may be extended by up to 10 days.
 Article 5 (Minor Amendments to Implementation Plans)
“Minor matters prescribed by Presidential Decree” in the proviso of Article 5 (6) of the Act, which is applied mutatis mutandis under Article 6 (2) of the Act, means any of the following:
1. Where less than 30/100 of the total amount is adjusted for the calculation of expenses for the acquisition, conservation and management of conservation property and the proposals to secure financial resources in the pertinent year;
2. Where matters pertaining to the acquisition, management or use of general property in the pertinent year are amended;
3. Where other matters, not satisfying under subparagraph 1 or 2 of Article 3, are amended.
 Article 6 (Details of and Methods for Survey on Cultural Heritages and Natural Environment Assets)
(1) Details of a survey on cultural heritages and natural environment assets pursuant to Article 8 (1) of the Act are as follows:
1. For a cultural heritage:
(a) Name, location, area and inventory of a cultural heritage;
(b) Maker and origin of a cultural heritage;
(c) Material, quality, structure, type, size and form of a cultural heritage;
(d) Use of land around a cultural heritage;
(e) Conservation of the environment that surrounds a cultural heritage;
(f) Other matters that require a survey for the conservation of a cultural heritage, specifically such matters stipulated in the articles of incorporation of the national trust corporation;
2. For a natural environment asset:
(a) Name, location, area and inventory of a natural environment asset;
(b) Features of the topography, geology and natural landscape;
(c) Status of natural ecology (including vegetation and inhabitation of endangered species of wild fauna and flora and domestic endemic species);
(d) Characteristics of soil;
(e) Other matters that require a survey for the conservation of a natural environment asset, specifically such matters stipulated in the articles of incorporation of the national trust corporation.
(2) A survey of cultural heritages or natural environment assets under Article 8 (1) of the Act shall in principle be conducted on the spot, but may exceptionally be conducted indirectly through hearings, data, literature, etc.
 Article 7 (Compiling Lists of Cultural Heritages and Natural Environment Assets and Public Announcement Thereof)
The national trust corporation shall compile the outcome of the survey pursuant to Article 8 (2) of the Act with reference to attached Form 1 and submit such survey to the head of the relevant central administrative agency (referring to the Administrator of the Cultural Heritage Administration in cases of the national trust of cultural heritages, and the Minister of Environment in cases of the national trust of natural environment; hereinafter the same shall apply), and shall publicly announce such survey.
 Article 8 (Disclosure of Status of Property)
(1) The national trust corporation shall compile a list of conservation property pursuant to Article 9 (1) of the Act with reference to attached Form 2 and retain such list at its main office.
(2) The national trust corporation shall prepare the details of the current status of conservation property and general property pursuant to Article 9 (2) of the Act with reference to attached Form 3 and retain such details at its main office.
(3) The national trust corporation shall disclose the details of the current status of conservation property and general property prepared pursuant to paragraph (2) via the Internet, etc.
 Article 9 (Collection of Fees or Admission Fees)
(1) When the national trust corporation intends to determine a fee or admission fee pursuant to Article 13 of the Act, it shall obtain approval from the head of the relevant central administrative agency.
(2) A fee for use of or admission to conservation property pursuant to paragraph (1) shall be determined in consideration of expenses incurred for the acquisition, conservation and management of the conservation property.
(3) Any person who falls under any of the following subparagraphs shall be exempted from a fee or admission fee under paragraph (1): <Amended by Presidential Decree No. 21573, Jun. 26, 2009; Presidential Decree No. 27252, Jun. 21, 2016>
1. A person who is not more than 6 years old or not less than 65 years old;
2. A person with a disability under the Act on Welfare of Persons with Disabilities;
4. A person who falls under any subparagraph of Article 52 (1) of the Enforcement Decree of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement;
6. A person who uses the facility for official business;
7. A person who is given access under the articles of incorporation of the national trust corporation.
(4) When the national trust corporation intends to collect fees or admission fees under paragraph (1), it shall set up a bulletin board at the entrance, etc. to the facility for fees or admission fees.
 Article 10 (Minor Amendments to Business Plans or Budget)
“Minor matters prescribed by Presidential Decree” in the proviso of Article 14 (3) of the Act means any of the following:
1. A business plan: An item not accompanied by any adjustment to the budget;
2. The budget: Adjustment that is less than 30/100 of the budget.
 Article 11 (Disclosure of Budget and Statements of Accounts)
The national trust corporation shall disclose via the Internet, etc. a budget within one month after the beginning of the fiscal year and a statement of accounts within four months after the end of the fiscal year pursuant to Article 14 (6) of the Act.
 Article 12 (Disclosure of Conclusion of Conservation Agreements)
The national trust corporation shall disclose the current status of cultural heritages and natural environment assets for which a conservation agreement is concluded under Article 19 (1) of the Act, via the Internet, etc. within one month of the conclusion of the agreement.
 Article 13 (Notification of Alteration of Rights)
The notification of alteration of rights pursuant to Article 20 of the Act shall include the following:
1. The location and area of and the details of rights to the property for which a conservation agreement has been concluded with the national trust corporation (hereafter in this Article referred to as “relevant property”);
2. Name, address and telephone number of the owner, possessor or agent as at the time of the conclusion of the conservation agreement;
3. Reasons for and the date or scheduled date of change in title of the relevant property;
4. Name, address and telephone number of the new owner, possessor or agent of the relevant property (only if the title has changed);
5. A copy of a document to prove a change in the title of the relevant property (only if the title has changed).
 Article 14 (Procedures for Consultations of Administrative Plans)
(1) When requesting consultations from the head of the relevant central administrative agency pursuant to Article 21 (1) of the Act, the head of the related administrative agency shall submit a document specifying the following:
1. Items to be included in the business plan under relevant statutes and regulations, such as the purpose and necessity of the administrative plan or development project, the project period, the budget required and the implementation procedures;
2. Lot number, category, area and owner of land in the relevant area;
3. Name, lot number, category and area of the conservation property affected by the administrative plan or development project;
4. Details of inquiries into and reflection of opinions of the national trust corporation collected pursuant to Article 21 (3) of the Act.
(2) The head of a related administrative agency in requesting consultations pursuant to paragraph (1) shall submit to the head of the relevant central administrative agency 10 copies of the documents requested for consultations and one auxiliary storage medium for a computer, such as a disk or CD-ROM containing such contents.
 Article 15 (Approval of Fundraising and Report of Results)
(1) When the national trust corporation intends to obtain the approval of fundraising pursuant to Article 22 (1) of the Act, it shall submit the following documents to the head of the relevant central administrative agency no later than one month before the date of commencement of such fundraising:
1. Fundraising plan specifying the purpose of fundraising, the plan for use of the funds raised, the area in which fundraising is to be conducted, fundraising period and the total amount of money to be raised;
2. Details of estimated fundraising expenses and the method for covering the expenses.
(2) Upon the suspension or completion of fundraising, the national trust corporation shall submit a report on the results of fundraising to the head of the relevant central administrative agency without delay and disclose such report via the Internet, etc.
 Article 16 (Imposition and Collection of Administrative Fines)
(1) When the head of the relevant central administrative agency intends to impose an administrative fine under Article 23 (2) of the Act, he or she shall investigate and confirm the relevant offense and then provide a written notice of payment to a person subject to such administrative fine specifying the fact of offense, the method of objection and the agency with which the objection is to be filed.
(2) When the head of the relevant central administrative agency intends to impose an administrative fine pursuant to paragraph (1), he or she shall permit a person subject to such administrative fine an opportunity to provide a verbal or written statement, specifying a period of at least 10 days. In such cases, if no statement is made, such person shall be deemed to have no opinion.
(3) When the head of the relevant central administrative agency intends to determine the amount of an administrative fine, he or she shall take into account the motives and consequences of the offense.
(4) Administrative fines shall be collected according to the procedures related to the performance of duties of revenue collection officers. In such cases, the notice of payment shall include the method and period of objection.
ADDENDUM
This Decree shall enter into force on March 25, 2007.
ADDENDA <Presidential Decree No. 21573, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.