CULTURAL HERITAGE PROTECTION ACT
Wholly Amended by Act No. 10000, Feb. 4, 2010
Amended by Act No. 10829, Jul. 14, 2011
Act No. 11037, Aug. 4, 2011
Act No. 11053, Sep. 16, 2011
Act No. 11228, Jan. 26, 2012
Act No. 12352, Jan. 28, 2014
Act No. 12692, May 28, 2014
Act No. 13249, Mar. 27, 2015
Act No. 13291, May 18, 2015
Act No. 13964, Feb. 3, 2016
Act No. 14113, Mar. 29, 2016
Act No. 14436, Dec. 20, 2016
Act No. 14640, Mar. 21, 2017
Act No. 14795, Apr. 18, 2017
Act No. 15065, Nov. 28, 2017
Act No. 15639, jun. 12, 2018
Act No. 15827, Oct. 16, 2018
Act No. 16057, Dec. 24, 2018
Act No. 16596, Nov. 26, 2019
Act No. 17409, jun. 9, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the cultural edification of Korean nationals and to contribute to the development of human culture by inheriting national culture and enabling it to be utilized through the preservation of cultural heritage.
| (1) | The term "cultural heritage" in this Act means artificially or naturally formed national, racial, or world heritage of outstanding historic, artistic, academic, or scenic value, which is classified into the following categories: <Amended on Mar. 27, 2015> |
| 1. | Tangible cultural heritage: Tangible cultural works of outstanding historic, artistic, or academic value, such as buildings, records, books, ancient documents, paintings, sculptures, and artifacts, and other archeological resources similar thereto; |
| 2. | Intangible cultural heritage: Among intangible cultural heritage which have been passed on throughout many generations, referring to those falling under any of the following items: |
| (a) | Traditional performing arts and arts; |
| (b) | Traditional skills concerning crafts, art, etc.; |
| (c) | Traditional knowledge concerning Korean medicine, agriculture, fishery, etc.; |
| (d) | Oral traditions and expressions; |
| (e) | Traditional ways of life concerning food, cloth, shelter, etc.; |
| (f) | Social rituals such as folk religion; |
| (g) | Traditional games, festivals, and practical and martial arts; |
| 3. | Monuments: Those classified into the following categories: |
| (a) | Historic sites and particularly commemorable facilities which are of outstanding historic or academic value, such as temple sites, ancient tombs, shell mounds, fortress ruins, old palace ruins, kiln sites, and relic-containing strata; |
| (b) | Scenic sites of outstanding artistic value with excellent scenic view; |
| (c) | Animals (including their habitats, breeding grounds, and migratory places), plants (including their habitats), topography, geology, minerals, caves, biological produce, and extraordinary natural phenomena of outstanding historic, scenic, or academic value; |
| 4. | Folklore resources: Clothing, implements, houses, etc. used for customs or traditions related to food, clothing, housing, trades, religion, annual observances, etc. which are essential for understanding changes to the life of nationals. |
| (2) | The term "cultural heritage education" in this Act means education which helps to cultivate a awareness of the people's love of cultural heritage and establish the identity of people through the learning of the historical, artistic, scientific, and scenic values of cultural heritage, and the specific scope and types of education on cultural heritage shall be prescribed by Presidential Decree. <Newly Inserted on Nov. 26, 2019> |
| (3) | The term "designated cultural heritage" in this Act means the following items:<Amended on Jan. 28, 2014; Nov. 26, 2019> |
| 1. | State-designated cultural heritage: Cultural heritage designated by the Administrator of the Cultural Heritage Administration pursuant to Articles 23 through 26; |
| 2. | City/Do-designated cultural heritage: Cultural heritage designated by 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") pursuant to Article 70 (1); |
| 3. | Cultural heritage resources: Cultural heritage designated by a Mayor/Do Governor pursuant to Article 70 (2) among those not designated pursuant to subparagraph 1 or 2. |
| (4) | The term "registered cultural heritage" in this Act means the following cultural heritage, other than designated cultural heritage: <Amended on Dec. 24, 2018; Nov. 26, 2019> |
| 1. | State-registered cultural heritage: Cultural heritage registered by the Administrator of the Cultural Heritage Administration pursuant to Article 53; |
| 2. | City/Do registered cultural heritage: Cultural heritage registered by a Mayor/Do Governor pursuant to Article 70 (3). |
| (5) | The term "protection zone" in this Act means an area designated to protect any designated cultural heritage, excluding an area where the designated cultural heritage occupies, if a tangible object fixed on the ground or a certain area is designated as cultural heritage. <Amended on Nov. 26, 2019> |
| (6) | The term "protective facility" in this Act means any building or facility designated to protect cultural heritage. <Amended on Nov. 26, 2019> |
| (7) | The term "historic and cultural environment" in this Act means the natural landscape or any place of outstanding historic and cultural value near cultural heritage that needs to be protected together with the relevant cultural heritage. <Amended on Nov. 26, 2019> |
| (8) | The term "construction work" in this Act means a civil work, construction work, landscaping work, or other construction works prescribed by Presidential Decree which involve a change to the original form of land or seabed. <Amended on Nov. 26, 2019> |
| (9) | The term "Korean cultural heritage overseas" means any cultural heritage located within the territory of a foreign country (excluding any cultural heritage removed from the territory of the Republic of Korea pursuant to the proviso to Article 39 (1) or the proviso to Article 60 (1)) which has direct historical and cultural relations with the Republic of Korea. <Amended on Mar. 21, 2017; Nov. 26, 2019> |
| Article 3 (Basic Principle of Protection of Cultural Heritage) |
The basic principle for the preservation, management, and utilization of cultural heritage is to preserve them in their original state.
| Article 4 (Duties of the State and Local Governments, Etc.) |
| (1) | The State shall establish and implement comprehensive measures for the preservation, management, and utilization of cultural heritage. |
| (2) | Local governments shall establish and implement measures for the preservation, management, and utilization of cultural heritage, in consideration of the State's measures and regional characteristics. |
| (3) | The State and local governments shall endeavor not to damage cultural heritage, protective facilities and protection zones of cultural heritage, and historic and cultural environments in developing and implementing various development projects. |
| (4) | Korean nationals shall actively cooperate in the State's and local governments' measures for the preservation and management of cultural heritage. |
| Article 5 (Relationship with other Acts) |
| (1) | Unless otherwise provided for in other Acts, the preservation, management, and utilization of cultural heritage shall be governed by this Act. |
| (2) | The repair, actual measurement, design, and supervision of designated cultural heritage (including provisionally designated cultural heritage under Article 32), the protection and investigation of buried cultural heritage, and the preservation and promotion of intangible cultural heritage shall be stipulated by separate Acts. <Amended on Mar. 27, 2015; Nov. 26, 2019> |
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF PROTECTION POLICIES FOR CULTURAL HERITAGE
| Article 6 (Formulation of Master Plans for Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration shall formulate a comprehensive master plan addressing the following matters (hereinafter referred to as "master plan for cultural heritage") every five years, following consultations with the competent Mayor/Do Governor to preserve, manage, and utilize cultural heritage: <Amended on Jan. 26, 2012; Mar. 27, 2015; Mar. 21, 2017; Nov. 26, 2019> |
| 1. | Basic direction-setting and objectives for the preservation of cultural heritage; |
| 2. | Analysis and evaluation of the former master plan for cultural heritage; |
| 3. | Matters concerning the repair, maintenance, and restoration of cultural heritage; |
| 4. | Matters concerning the protection of the historic and cultural environment of cultural heritage; |
| 5. | Matters concerning the safety management of cultural heritage; |
| 6. | Matters concerning the informatization of cultural heritage data; |
| 7. | Matters concerning raising resources to finance preservation of cultural heritage; |
| 7-2. | Matters concerning the restitution and utilization of Korean cultural heritage overseas; |
| 7-3. | Matters concerning cultural heritage exchange and cooperation between North and South Korea; |
| 7-4. | Matters concerning education on heritage; |
| 8. | Matters concerning research and development to preserve, manage and utilize cultural heritage; |
| 9. | Other necessary matters to preserve, manage, and utilize cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration shall consider opinions of owners, custodians, or management organizations and relevant experts prescribed by Presidential Decree in formulating a master plan for cultural heritage. |
| (3) | Where the Administrator of the Cultural Heritage Administration formulates a master plan for cultural heritage, he/she shall inform the competent Mayor/Do Governor of such plan, and give public notice thereon through the Official Gazette. |
| (4) | The Administrator of the Cultural Heritage Administration may request the Mayor/Do Governor to present data on cultural heritage under his/her jurisdiction if necessary for formulating a master plan for cultural heritage. |
| Article 6-2 (Research and Development of Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may conduct both its own research projects and joint research projects to efficiently implement research and development projects in the field of preservation, management, and utilization of cultural heritage. |
| (2) | Any joint research project referred to in paragraph (1) shall be conducted under an agreement on a specific-field research task with universities, industries, local governments, Government-funded research institutes, etc. |
| (3) | The Administrator of the Cultural Heritage Administration may fully or partially provide contributions or subsidies to cover costs for joint research projects specified in paragraph (2), within budgetary limit. |
| (4) | Necessary matters concerning joint research projects under paragraph (2) and the implementation thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 7 (Establishment of Implementation Plans for Preservation of Cultural Heritage) |
| (1) | The head of the Cultural Heritage Administration and a Mayor/Do Governor shall establish and implement an annual implementation plan (hereinafter referred to as "implementation plan") for the basic plan for cultural heritage. <Amended on Nov. 26, 2019> |
| (2) | A Mayor/Do Governor shall submit an implementation plan for the relevant year and a performance report for the preceding year to the Administrator of the Cultural Heritage Administration each year, as prescribed by Presidential Decree. <Amended on Nov. 26, 2019> |
| (3) | Upon formulating an implementation plan, the Administrator of the Cultural Heritage Administration and a Mayor/Do Governor shall publicly announce it. <Amended on Nov. 26, 2019> |
| (4) | Matters necessary for publication under paragraph (3), such as methods for publication, shall be prescribed by Presidential Decree. <Newly Inserted on Nov. 26, 2019> |
| Article 7-2 (Reports on National Assembly) |
The Administrator of the Cultural Heritage Administration shall finalize a master plan for cultural heritage, an implementation plan for the relevant year, and the results of implementation for the previous year, and submit them to the competent Standing Committee of the National Assembly without delay.
[This Article Newly Inserted on Nov. 26, 2019]
| Article 8 (Establishment of Cultural Heritage Committee) |
| (1) | A Cultural Heritage Committee shall be established under the Cultural Heritage Administration to investigate and deliberate on the following matters concerning the preservation, management, and utilization of cultural heritage: <Amended on Dec. 24, 2018> |
| 1. | Matters concerning master plans for cultural heritage; |
| 2. | Matters concerning the designation of State-designated cultural heritage and the revocation thereof; |
| 3. | Matters concerning the designation of protective facilities or protection zones for any State-designated cultural heritage and the revocation thereof; |
| 4. | Deleted; <Mar. 27, 2015> |
| 5. | Matters concerning the alteration of the current state of any State-designated cultural heritage; |
| 6. | Matters concerning the taking of any State-designated cultural heritage out of the Republic of Korea; |
| 7. | Matters concerning the protection of a historic and cultural environment for State-designated cultural heritage; |
| 8. | Matters concerning the registration of cultural heritage and the cancellation thereof; |
| 9. | Matters concerning the excavation and evaluation of buried cultural heritage; |
| 10. | Matters deemed important which are professional or technical matters concerning the preservation and management of any State-designated cultural heritage; |
| 11. | Other matters referred to the Committee by the Administrator of the Cultural Heritage Administration for deliberation on the preservation, management, and utilization of cultural heritage. |
| (2) | Members of the Cultural Heritage Committee shall be appointed by the Administrator of the Cultural Heritage Administration from among the following persons: |
| 1. | A person who is or was an associate professor or higher, in the faculty related to the preservation, management, and utilization of cultural heritage in a university under the Higher Education Act; |
| 2. | A person who has been engaged in business related to the preservation, management, and utilization of cultural heritage for at least ten years; |
| 3. | An expert having abundant knowledge and experience in cultural heritage who has been engaged in business of anthropology, sociology, architecture, urban planning, tourism, environment, law, religion, or the press for at least ten years. |
| (3) | Subcommittees may be established under the Cultural Heritage Committee to investigate and deliberate on duties classified based on the kinds of cultural heritage for the matters stipulated under the subparagraphs of paragraph (1). |
| (4) | Any subcommittee under paragraph (3) may hold a meeting with another subcommittee (hereinafter referred to as "joint subcommittee") where necessary for investigation, deliberation, etc. |
| (5) | Matters investigated and deliberated by a subcommittee or joint subcommittee pursuant to paragraph (1) 2 through 11 shall be deemed to have been investigated and deliberated by the Cultural Heritage Committee. <Newly Inserted on Nov. 28, 2017> |
| (6) | The Cultural Heritage Committee, subcommittees, and joint subcommittees shall prepare meeting minutes stating the following matters. In such cases, stenographic notes or audio or video recording may be permitted where deemed necessary: <Amended on Nov. 28, 2017> |
| 1. | The date and time, and venue of a meeting; |
| 2. | The members who are present at the meeting; |
| 3. | Matters deliberated upon and resolutions passed. |
| (7) | Meeting minutes prepared under paragraph (6) shall be disclosed to the public: Provided, That the relevant committee may resolve not to disclose them to the public in cases prescribed by Presidential Decree, such as having influence on property gains by a specific person, or infringing on a specific person's privacy. <Amended on Nov. 28, 2017> |
| (8) | Necessary matters concerning the organization, division of duties, operation, etc. of the Cultural Heritage Committee, subcommittees, and joint subcommittees shall be prescribed by Presidential Decree. <Amended on Nov. 28, 2017> |
| (9) | The Cultural Heritage Committee may have non-standing technical experts to conduct the collection of materials, investigations, research, etc. involving the matters to be deliberated upon by the Cultural Heritage Committee under the orders of the Administrator of the Cultural Heritage Administration or the chairperson of each subcommittee. <Newly Inserted on Jul. 14, 2011; Nov. 28, 2017> |
| (10) | Necessary matters regarding the number and terms of office of members and technical experts of the Cultural Heritage Committee, qualifications for technical experts, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Jul. 14, 2011; Nov. 28, 2017> |
| Article 9 (Establishment of Korea Cultural Heritage Foundation) |
| (1) | A Korea Cultural Heritage Foundation (hereinafter referred to as the "Foundation") shall be established as an affiliate of the Cultural Heritage Administration to protect, preserve, popularize, and utilize cultural heritage and develop traditional lifestyle and culture. <Amended on May 28, 2014> |
| (2) | The Foundation shall be a juristic person. <Amended on May 28, 2014> |
| (3) | The Foundation shall carry out the following affairs to accomplish the purposes of the Foundation: <Newly Inserted on May 28, 2014> |
| 1. | Supporting and promoting the activities of intangible cultural heritage, such as performance and exhibition; |
| 2. | Education, publication, scientific investigation and research, and content development and utilization concerning cultural heritage; |
| 4. | Development and distribution of traditional cultural products, food, wedding, etc. and operation of convenient facilities, etc.; |
| 5. | Cultural heritage-related official development assistance and other international exchange; |
| 6. | Assistance for a cultural heritage protection campaign; |
| 7. | Restoration and reproduction of a traditional cultural event; |
| 8. | Business entrusted by the State, a local government, a public institution, etc.; |
| 9. | Profit-making business to accomplish the purposes of the Foundation, and other business prescribed by the Foundation’s articles of incorporation. |
| (4) | The Foundation shall have executive officers and necessary employees as stipulated by its articles of incorporation. <Amended on May 28, 2014> |
| (5) | Except as provided in this Act, provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to the Foundation. <Amended on May 28, 2014> |
| (6) | Expenses incurred in the operation of the Foundation may be subsidized by the National Treasury. <Amended on May 28, 2014> |
| (7) | Where deemed necessary for the Foundation to carry out its affairs, the State or a local government may permit it to use and benefit from any State-owned or public property without consideration. <Amended on May 28, 2014> |
[Title Amended on May 28, 2014]
CHAPTER III CREATING FOUNDATION FOR PROTECTION OF CULTURAL HERITAGE
| Article 10 (Basic Investigation of Cultural Heritage) |
| (1) | The State and local governments may investigate the current state, management condition, etc. of existing cultural heritage, and prepare records thereon for preventing the loss of cultural heritage and for other purposes. |
| (2) | The Administrator of the Cultural Heritage Administration and the head of a local government may either directly conduct an investigation or request the owner or custodian of the relevant cultural heritage or an organization, etc. related to the investigations and excavation of cultural heritage to present relevant data where necessary for an investigation under paragraph (1). |
| (3) | Where the Administrator of the Cultural Heritage Administration or the head of a local government is to conduct an investigation into cultural heritage, other than designated cultural heritage, he/she shall obtain prior consent from the owner or custodian of the relevant cultural heritage. |
| (4) | Necessary matters concerning detailed procedures, methods, etc. for investigations of cultural heritage shall be prescribed by Presidential Decree. |
| Article 11 (Facilitating Informatization of Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration shall establish and operate an information system on cultural heritage to efficiently utilize investigated data under Article 10 and other necessary data for the preservation and management of cultural heritage, and to enable Korean nationals to readily access and use cultural heritage information. |
| (2) | The Administrator of the Cultural Heritage Administration may request the heads of the relevant central administrative agencies and local governments, and the heads of related corporations and organizations such as museums and research institutes, to submit necessary data in order to establish the information system on cultural heritage under paragraph (1). In such cases, a person in receipt of such request shall comply therewith except in extenuating circumstances. <Amended on Nov. 28, 2017> |
| (3) | In requesting to present necessary data under paragraph (2), the Administrator of the Cultural Heritage Administration may pay due compensation to persons other than the heads of central administrative agencies and local governments. <Newly Inserted on Nov. 28, 2017> |
| (4) | The scope of the information system on cultural heritage under paragraph (1), its operation procedures, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Nov. 28, 2017> |
| Article 12 (Protection of Cultural Heritage during Construction Works) |
Where cultural heritage is likely to be damaged, destroyed, or submerged due to construction works, or where it is necessary to protect a historic and cultural environment of cultural heritage, the implementer of such construction works shall take necessary measures in compliance with instructions by the Administrator of the Cultural Heritage Administration. In such cases, expenses incurred in taking such measures shall be borne by the implementer of the construction works.
| Article 13 (Protection of Historic and Cultural Environment Preservation Areas) |
| (1) | A Mayor/Do Governor shall designate a historic and cultural environment preservation area by municipal ordinances, following consultation with the Administrator of the Cultural Heritage Administration in order to protect the historic and cultural environment of designated cultural heritage (excluding cultural heritage that can be categorized as movable property and intangible cultural heritage; hereafter the same shall apply in this Article). |
| (2) | With respect to construction works to be implemented in an area outside an outer boundary (referring to a boundary of a designated protection zone) of designated cultural heritage and within a historic and cultural environment preservation area designated by a Mayor/Do Governor pursuant to paragraph (1), an administrative agency in charge of the authorization, permission, etc. of the construction works shall examine whether such construction works are likely to affect the preservation of designated cultural heritage before granting authorization, permission, etc. for the construction works. In such cases, the administrative agency concerned shall consult the relevant experts, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014; Nov. 26, 2019> |
| (3) | The scope of a historic and cultural environment preservation area shall be within 500 meters from an outer boundary, in consideration of the cultural, artistic, academic, and scenic value of the relevant designated cultural heritage, its surrounding environment, and other necessary matters for the protection of cultural heritage: Provided, That where construction works implemented in an area 500 meters away from an outer boundary of designated cultural heritage are clearly deemed to affect the cultural heritage due to its characteristics, locational conditions, etc., the scope thereof may be set in excess of 500 meters. <Amended on Nov. 26, 2019> |
| (4) | Where the protection zones designated under Article 27 (2) are adjusted, if the Mayor/Do Governor deems that they do not influence the preservation of the designated cultural heritage, he/she may maintain the extent of the historic and cultural environment preservation areas determined pursuant to paragraph (3) in consultation with the Administrator of the Cultural Heritage Administration. <Newly Inserted on Nov. 26, 2019> |
| (4) | Where the Administrator of the Cultural Heritage Administration or a Mayor/Do Governor designates cultural heritage, he/she shall determine and publicly announce detailed standards for acts that could affect the preservation of the designated cultural heritage in a historic and cultural environment preservation area within six months from the date on which such designation is publicly notified. <Newly Inserted on Nov. 26, 2019> |
| (5) | When intending to determine detailed standards for the acts under paragraph (5), the Administrator of the Cultural Heritage Administration may request a Mayor/Do Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to submit necessary data or opinion, and a Mayor/Do Governor may request the head of a Si/Gun/Gu to submit the same. <Newly Inserted on Jan. 28, 2014; Nov. 26, 2019> |
| (6) | Examination under paragraph (2) may be exempted for construction works implemented in an area for which detailed standards for an act under paragraph (5) are publicly notified within the extent of such standards. <Newly Inserted on Jan. 28, 2014; Nov. 26, 2019> |
| (7) | Detailed matters necessary for procedures for submitting the data or opinion under paragraph (6), etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on Jan. 28, 2014; Nov. 26, 2019> |
| Article 14 (Formulating Policy Measures for Prevention of Fire, etc. and Conducting Education and Public Relations Campaigns) |
| (1) | The Administrator of the Cultural Heritage Administration and a Mayor/Do Governor shall formulate and implement necessary policy measures to protect designated cultural heritage and registered cultural heritage from fire, disasters, and theft (hereinafter referred to as "fire, etc."). |
| (2) | The Administrator of the Cultural Heritage Administration and the head of a local government shall provide owners, custodians, or management organizations of cultural heritage with educational programs for initial response and day-to-day preparedness against fire, etc. on cultural heritage. |
| (3) | The Administrator of the Cultural Heritage Administration and the head of a local government shall conduct public relations campaigns to prevent fire, etc. on cultural heritage. |
[This Article Wholly Amended on Mar. 21, 2017]
| Article 14-2 (Development, etc. of Fire Response Manuals, etc.) |
| (1) | The Administrator of the Cultural Heritage Administration and a Mayor/Do Governor shall develop fire response manuals, etc. based on the characteristics of designated cultural heritage and registered cultural heritage and shall take measures so that owners, custodians, or management organizations of such cultural heritage can use the fire response manuals, etc. |
| (2) | Necessary matters concerning particulars to be included in manuals under paragraph (1), the scope of cultural heritage requiring the development of such manuals, and the regular inspections and cure of such manuals, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-3 (Installation, etc. of Fire Prevention Facilities, etc.) |
| (1) | Any owner, custodian, and management organization of designated cultural heritage shall install, maintain, and manage fire-fighting systems and disaster-prevention systems according to standards stipulated under the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems to prevent and suppress fire on the designated cultural heritage and shall endeavor to install, maintain, and manage anti-theft devices according to standards determined by Ordinance of the Ministry of Culture, Sports and Tourism to prevent any theft of the designated cultural heritage. |
| (2) | Any person who installs, maintains, and manages facilities referred to in paragraph (1) shall ensure the balance between said facilities and the historic and cultural environment preservation area in which said facilities are installed. |
| (3) | The Administrator of the Cultural Heritage Administration or the head of a local government may fully or partially provide subsidies to a person who installs, maintains, and manages any of the following facilities to cover the costs therefor, within budgetary limits: |
| 1. | Firefighting systems, disaster-prevention systems, or anti-theft devices described in paragraph (1); |
| 2. | Sign boards informing smoking or non-smoking areas described in Article 14-4 (2). |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-4 (Designation of Non-Smoking Areas) |
| (1) | Any owner, custodian, and management organization of designated cultural heritage, registered cultural heritage, and their protective facilities, protection zones, and storage facilities (hereafter in this Article, referred to as "designated cultural heritage, etc.") shall designate the entire facilities or areas relating to designated cultural heritage, etc. as a non-smoking facility or area: Provided, That, only in cases of a residential building without fire risk, smoking areas may be designated, separately from non-smoking areas. |
| (2) | Any owner, custodian, or management organization of designated cultural heritage, etc. shall install sign boards informing smoking and non-smoking areas referred to in paragraph (1). |
| (3) | A Mayor/Do Governor may issue an order to a person who violates paragraph (2) to take measures for rectification within a designated period. |
| (4) | The standards and methods of installing sign boards informing smoking and non-smoking areas under paragraph (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism or municipal ordinance of the competent City/Do. |
| (5) | No person shall smoke in a non-smoking area referred to in paragraph (1). |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-5 (Request for Cooperation of Related Agencies or Organizations) |
Where fire prevention facilities, etc. are inspected, fire preparedness exercise, etc. is conducted, or it is necessary to immediately respond to fire, etc., the Administrator of the Cultural Heritage Administration or the head of a local government may request the cooperation of the head of any of the following agencies or organizations in providing necessary equipment and human resources; and the head of the agency or organization in receipt of such request shall cooperate in providing necessary equipment and human resources, except in extenuating circumstances:
| 1. | A fire-fighting office or station; |
| 2. | A police office or station; |
| 4. | Other agencies and organizations prescribed by Presidential Decree, that are related to the protection of cultural heritage. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-6 (Building and Managing Database) |
| (1) | The Administrator of the Cultural Heritage Administration shall collect emergency response information related to cultural heritage on a regular basis and shall build and manage a database of such information, to effectively respond to disasters on cultural heritage, such as fire. In such cases, the Administrator of the Cultural Heritage Administration shall constantly update such database. |
| (2) | Particulars of the database referred to in paragraph (1), such as the scope of collecting information and procedures for managing the database, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 15 (Support, etc. for Cultural Heritage Protection Activities) |
The Administrator of the Cultural Heritage Administration may support or foster related organizations where deemed necessary for the protection, preservation, distribution, or enhancement of cultural heritage.
| Article 15-2 (Cultural Heritage Trader Education) |
The Administrator of the Cultural Heritage Administration shall provide education on the matters to be observed by cultural heritage traders, etc., and the specifications, etc. related to cultural heritage.
[This Article Newly Inserted on Jun. 9, 2020]
| Article 16 (Fostering of Cultural Heritage Experts) |
| (1) | The Administrator of the Cultural Heritage Administration may foster experts to be specialized in the protection, management, maintenance, etc. of cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration may offer a scholarship where deemed necessary for fostering of experts under paragraph (1). |
| (3) | Where deemed necessary to verify the education and research status of a person on a scholarship under paragraph (2) (hereinafter referred to as "scholarship"), the Administrator of the Cultural Heritage Administration may order the person to present an academic transcript or research report. |
| (4) | Where a person who is or has been awarded a scholarship has any cause determined by Ordinance of the Ministry of Culture, Sports and Tourism, such as the suspension of undergoing education and conducting research and changes to the details thereof, he/she shall, without delay, report thereon to the Administrator of the Cultural Heritage Administration. |
| (5) | Where any cause determined by Ordinance of the Ministry of Culture, Sports and Tourism arises, such as the suspension of undergoing education and conducting research, changes to the details thereof, and poor performance, the Administrator of the Cultural Heritage Administration may suspend the payment of the scholarship or order the return thereof. |
| (6) | Necessary matters concerning persons entitled to scholarships, application for payment of scholarships, suspension of scholarships, the return thereof, etc. under paragraphs (1) through (5) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 17 (Promoting, etc. Cooperation for International Exchange of Cultural Heritage) |
| (1) | The State shall actively promote information and technical exchange, human resources exchange, joint investigations and research, and other activities concerning cultural heritage through cooperation with international organizations related to cultural heritage and other countries. |
| (2) | The Administrator of the Cultural Heritage Administration may fully or partially subsidize expenses to be incurred in promoting measures concerning cultural heritage under paragraph (1) within budgetary limits. |
| Article 17-2 Deleted. <Mar. 27, 2015> |
| Article 18 (Cooperation for Exchanges of Cultural Heritage between North and South Korea) |
| (1) | The State shall endeavor to increase mutual exchange and cooperation in the field of cultural heritage between North and South Korea. |
| (2) | The Administrator of the Cultural Heritage Administration shall investigate and research North Korea's policies, systems, current state, etc. on cultural heritage to increase mutual exchange and cooperation in the field of cultural heritage between North and South Korea. |
| (3) | Where necessary for exchange and cooperation projects, investigations, research, etc. referred to in paragraphs (1) and (2), the Administrator of the Cultural Heritage Administration may request related organizations, etc., to provide cooperation and may fully or partially subsidize expenses to be incurred therein, as prescribed by Presidential Decree. |
| Article 19 (Registration and Protection of World Heritage Site, etc.) |
| (1) | The Administrator of the Cultural Heritage Administration may file an application with UNESCO for the registration of Korea's outstanding cultural heritage as a World Heritage Site, Intangible Cultural Heritage of Humanity, or Memory of the World in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage, the Convention for the Safeguarding of Intangible Cultural Heritage, or UNESCO's programs. In such cases, the Administrator of the Cultural Heritage Administration shall determine procedures, etc. for selecting those to be applied for registration, in consideration of UNESCO's regulations. <Amended on Apr. 6, 2011> |
| (2) | The Administrator of the Cultural Heritage Administration shall actively endeavor to preserve not only cultural heritage registered with UNESCO as a World Heritage Site, Intangible Cultural Heritage of Humanity, or Memory of the World (hereafter referred to as "World Heritage Site, etc." in this Article), but also cultural heritage of humanity, and to enhance the prestige of cultural heritage around the world. <Amended on Apr. 6, 2011> |
| (3) | The State and a local government shall maintain, manage, and support a World Heritage Site, etc. to the level equivalent to the State-designated cultural heritage from the date on which they are registered, and the Administrator of the Cultural Heritage Administration may order any person who engages in any activity that could affect a World Heritage Site, etc. or its historic and cultural environment to take necessary measures for the protection of a World Heritage Site, etc. and its historic and cultural environment, as prescribed by Presidential Decree. |
| Article 20 (Protection of Foreign Cultural Heritage) |
| (1) | Cultural heritage designated and protected by statutes of a foreign country (hereinafter referred to as "foreign cultural heritage") that is a party to any international convention concerning the protection of cultural heritage (hereinafter referred to as "convention"), to which the Republic of Korea is also a party to preserve the cultural heritage of humanity and promote friendship with other countries, shall be protected in accordance with the convention and this Act. |
| (2) | Where a reasonable ground exists to believe that any foreign cultural heritage which is to be brought or has already been brought into the Republic of Korea has been illegally taken out of the relevant foreign country, the Administrator of the Cultural Heritage Administration may seize the cultural heritage. |
| (3) | The Administrator of the Cultural Heritage Administration shall keep and manage foreign cultural heritage, if seized pursuant to paragraph (2), in a museum, etc. |
| (4) | The Administrator of the Cultural Heritage Administration shall, without delay, return foreign cultural heritage kept in his/her custody pursuant to paragraph (3) to its owner or possessor once the foreign cultural heritage is verified to have been legally taken out of the relevant foreign country. This shall also apply where it is verified that the foreign cultural heritage has been illegally taken out, but it is obvious that the relevant foreign country has no intent to retrieve it. |
| (5) | Where a foreign country proves that foreign cultural heritage brought into the Republic of Korea has been illegally taken out of the relevant foreign country and makes a request for return of the cultural heritage in accordance with appropriate procedures provided in the convention, or the Administrator of the Cultural Heritage Administration performs the duty to return it in accordance with the convention, he/she shall take necessary measures in cooperation with related agencies so that it can be returned to the relevant foreign country, as provided in the convention. |
| Article 21 (Protection of Cultural Heritage in Emergencies) |
| (1) | Where deemed necessary for the protection of cultural heritage at a time of war, upheaval, or any emergency equivalent thereto, the Administrator of the Cultural Heritage Administration may relocate or bury State-owned cultural heritage, designated cultural heritage which is not State-owned cultural heritage, and provisionally designated cultural heritage under Article 32 to or at a safe area, or take other necessary measures or order the owner, holder, possessor, custodian, or management organization of the relevant cultural heritage to relocate or bury it to or at a safe area, or take other necessary measures. <Amended on Nov. 26, 2019> |
| (2) | Where necessary for the protection of cultural heritage at a time of war, upheaval, or any emergency equivalent thereto, the Administrator of the Cultural Heritage Administration may take them overseas, notwithstanding Article 39. In such cases, he/she shall undergo prior deliberation thereon by the State Council. |
| (3) | Article 46 shall apply mutatis mutandis to any person who sustains loss due to measures or orders taken or performed under paragraph (1): Provided, That this shall not apply to force majeure cases, such as collateral damage in war. |
| Article 22 (Requests for Support) |
The Administrator of the Cultural Heritage Administration or a public official in receipt of his/her order may request necessary support from the heads of related agencies, where necessary for taking measures stipulated under Article 21 (1).
| Article 22-4 (Promotion of Policies to Promote Cultural Heritage Education) |
The State and local governments shall endeavor to establish and implement policies on the following matters for the promotion of cultural heritage education:
| 1. | Building a foundation for the promotion of cultural heritage education; |
| 2. | Development and dissemination of programs and educational materials for cultural heritage education; |
| 3. | Training and support of professional manpower related to cultural heritage education; |
| 5. | Measures to raise funds to promote cultural heritage education; |
| 6. | Other matters necessary for the promotion of cultural heritage education. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-3 (Fact-Finding Surveys on Cultural Heritage Education) |
| (1) | The Commissioner of Cultural Heritage Administration may conduct a survey on the current status of cultural heritage education in order to establish and implement policies related to cultural heritage education. |
| (2) | The extent and method of the fact-finding survey under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-4 (Designation of Cultural Heritage Education Support Center) |
| (1) | The Administrator of the Cultural Heritage Administration may designate an institution or organization, the objective of which is to provide education on cultural heritage or deemed capable of providing education on cultural heritage, as a cultural heritage education support center (hereinafter referred to as "support center"), in order to revitalize regional education on cultural heritage. |
| (2) | A support center shall perform the following activities: |
| 1. | Training and utilization of local cultural heritage education personnel; |
| 2. | Development and operation of cultural assets education programs and cultural assets education textbooks tailored to local circumstances; |
| 3. | Establishment and operation of a cooperative network among institutions or organizations related to regional cultural heritage education; |
| 4. | Cultural heritage education for local residents such as the underprivileged; |
| 5. | Projects entrusted by the Administrator of the Cultural Heritage Administration to promote education on regional cultural heritage; |
| 6. | Other projects necessary to provide cultural heritage education suitable for local circumstances. |
| (3) | If a support center designated pursuant to paragraph (1) falls under any of the following, the Administrator of the Cultural Heritage Administration may cancel the designation or order the suspension of its business within six months, as prescribed by Presidential Decree: Provided, That in cases under subparagraph 1, its designation shall be cancelled: |
| 1. | Where the it has obtained the designation by fraud or other improper means; |
| 2. | Where it fails to meet designation requirements for designation; |
| 3. | When it is recognized that the ability to perform work is significantly insufficient. |
| (4) | The Administrator of the Cultural Heritage Administration may entrust affairs concerning cultural heritage education to a support center and other institutions prescribed by Presidential Decree, as prescribed by Presidential Decree. |
| (5) | The state and local governments may support support centers with all or part of the expenses necessary for project execution within the budget. |
| (6) | Other necessary matters concerning the designation requirements, operation, etc. of support centers shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-5 (Support for Cultural Heritage Education) |
| (1) | The State and local governments may support facilities and equipment for research and development of the details of cultural heritage education and activities for cultural heritage education, so as to enhance the public understanding of and interest in cultural heritage. |
| (2) | The State and local governments may fully or partially subsidize project expenses within budgetary limits, to support the education of cultural heritage. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-3 (Development, Distribution and Certification of Cultural Heritage Education Programs) |
| (1) | The Administrator of the Cultural Heritage Administration and each local government may develop and distribute cultural heritage education programs, so as to provide various opportunities for cultural heritage education to all people. |
| (2) | A person who develops and operates a program for education on cultural heritage may apply for certification of such program to the Administrator of the Cultural Heritage Administration. |
| (3) | The Administrator of the Cultural Heritage Administration may certify a cultural heritage education program that has applied for certification pursuant to paragraph (2) if it meets the certification standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, such as educational content, educational subjects, and educational facilities. |
| (4) | The validity of certification prescribed in paragraph (3) shall be three years from the date of certification. |
| (5) | A person who has obtained certification pursuant to paragraph (3) may mark the relevant cultural heritage education program as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (6) | No one shall mark the certification under paragraph (5) or mark similarly to the cultural heritage education program that has not been certified under paragraph (3). |
| (7) | Other matters necessary to certify cultural heritage education programs shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-7 (Revocation of Certification of Cultural Heritage Education Programs) |
The Administrator of the Cultural Heritage Administration may revoke the certification if a cultural heritage education program certified pursuant to Article 22-6 (3) falls under any of the following: Provided, That where falling into the case in subparagraph 1, the certification shall be revoked: | 1. | Where it has been certified by fraud or other wrongful means; |
| 2. | Where it fails to meet the certification standards under Article 22-6 (3). |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 22-8 (Donation of Designated Cultural Heritage) |
| (1) | The owner of designated cultural heritage or registered cultural heritage may donate the relevant cultural heritage to the Cultural Heritage Administration. |
| (2) | Where a cultural heritage asset is donated pursuant to paragraph (1), the Administrator of the Cultural Heritage Administration shall make a decision on whether to accept the donation, following deliberation by the Cultural Heritage Receipt Deliberation Committee established pursuant to paragraph (3). |
| (3) | The Cultural Heritage Administration shall have a cultural heritage receipt deliberative committee to determine whether to receive the designated cultural heritage and registered cultural heritage donated by its owner, and matters necessary for the organization, operation, etc. of the cultural heritage receipt deliberation committee shall be prescribed by Presidential Decree. |
| (4) | When there is a donation of cultural heritage under paragraph (1), the Administrator of the Cultural Heritage Administration may accept such donations notwithstanding the Act on Collection and Use of Donations. |
| (5) | The Administrator of the Cultural Heritage Administration may recommend a person to be awarded a prize for meritorious deeds under paragraph (1), or recommend a decoration under the Awards and Decorations Act, and may provide honorable treatment, such as holding an exhibition related to cultural heritage. |
| (6) | Matters necessary for the procedures for donation, methods of management and operation thereof, recommendation and honorable treatment under paragraph (5), etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Jun. 9, 2020]
CHAPTER IV STATE-DESIGNATED CULTURAL HERITAGE
| Article 23 (Designation of Treasures and National Treasures) |
| (1) | The Administrator of the Cultural Heritage Administration may designate important cultural heritage as treasures, following deliberation by the Cultural Heritage Committee. |
| (2) | The Administrator of the Cultural Heritage Administration may designate cultural heritage of great importance for humanity and without parallel in human history, among treasures under paragraph (1), as national treasures, following deliberation by the Cultural Heritage Committee. |
| (3) | Necessary matters concerning standards, procedures, etc. for the designation of treasures and national treasures under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 24 (Designation of National Intangible Cultural Heritage) |
| (2) | Deleted. <Mar. 27, 2015> |
| (3) | Deleted. <Mar. 27, 2015> |
| (4) | Deleted. <Mar. 27, 2015> |
| (5) | Deleted. <Mar. 27, 2015> |
[Title of This Article Amended on Mar. 27, 2015]
| Article 25 (Designation of Historic Sites, Scenic Spots, and Natural Monuments) |
| (1) | The Administrator of the Cultural Heritage Administration may designate an important site, spot, or monument as a historic site, scenic area, or natural monument, following deliberation by the Cultural Heritage Committee. |
| (2) | Necessary matters concerning standards, procedures, etc. for the designation of historic sites, scenic areas, and natural monuments shall be prescribed by Presidential Decree. |
| Article 26 (Designation of Important Folklore Resources) |
| (1) | The Administrator of the Cultural Heritage Administration may designate more valuable folklore resources as national folklore resources, following deliberation by the Cultural Heritage Committee. <Amended on Mar. 21, 2017> |
| (2) | Necessary matters concerning standards, procedures, etc. for the designation of national folklore resources shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017> |
[Title of This Article Amended on Mar. 21, 2017]
| Article 27 (Designation of Protective Facilities or Protection Zones) |
| (1) | Where specifically necessary to protect cultural heritage in granting designation pursuant to Article 23, 25, or 26, the Administrator of the Cultural Heritage Administration may designate protective facilities or protection zones therefor. |
| (2) | Where deemed necessary due to a change, etc. in artificial or natural conditions, the Administrator of the Cultural Heritage Administration may adjust protective facilities or protection zones designated pursuant to paragraph (1). |
| (3) | Where the Administrator of the Cultural Heritage Administration has designated or adjusted protective facilities or protection zones pursuant to paragraphs (1) and (2), he/she shall review whether such designation or adjustment is appropriate before every tenth anniversary of such designation or adjustment passes, in consideration of the following matters: Provided, That the period for review may be extended up to the period prescribed by Presidential Decree, if it is impracticable to review the appropriateness in a timely manner due to any extenuating circumstance: |
| 1. | The value of the cultural heritage worthy of preservation; |
| 2. | The effects of the designation of protective facilities or protection zones on the exercise of property rights; |
| 3. | The environment surrounding the protective facilities or protection zones. |
| (4) | Necessary matters concerning the designation and adjustment, the review of appropriateness, and other relevant matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 28 (Public Notice and Notification of Designation) |
| (1) | If the Administrator of the Cultural Heritage Administration designates any property as State-designated cultural heritage (including its protective facilities and protection zones) pursuant to Articles 23 and 25 through 27, he/she shall publicly notify the purport thereof in the Official Gazette, and shall, without delay, notify the designation to the owner of the relevant cultural heritage. <Amended on Mar. 27, 2015> |
| (2) | In cases falling under paragraph (1), where no owner of cultural heritage exists, or it is unclear who the owner of cultural heritage is, notice shall be given to the possessor or custodian of the relevant cultural heritage. |
[Title of This Article Amended on Mar. 27, 2015]
| Article 29 (Issuance of Letters of Designation) |
| (1) | Where the Administrator of the Cultural Heritage Administration designates cultural heritage as a national treasure, treasure, or national folklore resource pursuant to Article 23 or 26, he/she shall issue a letter of designation to the owner of the relevant cultural heritage. <Amended on Mar. 21, 2017> |
| (3) | Deleted. <Mar. 27, 2015> |
[Title Amended on Mar. 27, 2015]
| Article 30 (Effective Time of Designation) |
The designation under Articles 23 and 25 through 27 shall become effective, with respect to the owner, possessor, or custodian of cultural heritage, on the date when the designation is publicly notified in the Official Gazette. <Amended on Mar. 27, 2015> [Title of This Article Amended on Mar. 27, 2015]
| Article 31 (Revocation of Designation) |
| (1) | Where cultural heritage designated under Article 23, 25, or 26 loses its value as State-designated cultural heritage, or such designation needs to be revoked based on its valuation, the Administrator of the Cultural Heritage Administration may revoke the designation, following deliberation by the Cultural Heritage Committee. |
| (2) | Deleted. <Mar. 27, 2015> |
| (3) | Deleted. <Mar. 27, 2015> |
| (4) | Where the results of a review under Article 27 (3) reveal that the designation of protective facilities or protection zones is inappropriate, or any other special ground exists, the Administrator of the Cultural Heritage Administration shall either revoke the designation of the protective facilities or protection zones or adjust the scope thereof. Where the designation of State-designated cultural heritage is revoked, the designation of the protective facilities or protection zones therefor shall also be revoked without delay. |
| (5) | Articles 28 and 30 shall apply mutatis mutandis to the public notice and notification concerning the revocation of the designation of cultural heritage under paragraphs (1) and (4), and the time such revocation becomes effective. <Amended on Mar. 27, 2015> |
| (6) | Where the owner of a national treasure, treasure, or national folklore resource is notified of the revocation under paragraph (5) and Article 28, he/she shall return the letter of designation of the relevant cultural heritage to the Administrator of the Cultural Heritage Administration within 30 days from the date on which such notice is given. <Amended on Mar. 21, 2017> |
| (7) | Deleted. <Mar. 27, 2015> |
[Title Amended on Mar. 27, 2015]
| Article 32 (Provisional Designation) |
| (1) | Where there exists an urgent need to protect cultural heritage deemed worthy of designation pursuant to Article 23, 25, or 26, but there is insufficient time to undergo deliberation thereon by the Cultural Heritage Committee, the Administrator of the Cultural Heritage Administration may provisionally designate the cultural heritage as important cultural heritage. <Amended on Nov. 26, 2019> |
| (2) | The provisional designation under paragraph (1) shall become effective on the date on which such designation is notified to the owner, possessor, or custodian of provisionally designated cultural heritage (hereinafter referred to as "provisionally designated cultural heritage"). <Amended on Nov. 26, 2019> |
| (3) | The provisional designation under paragraph (1) shall be deemed revoked where the designation under Article 23, 25, or 26 is not granted within six months from the date on which the provisional designation is granted. <Amended on Nov. 26, 2019> |
| (4) | Articles 28 and 29 (1) shall apply mutatis mutandis to the notification of provisional designation and the issuance of a letter of provisional designation under paragraph (1), but public notice in the Official Gazette under Article 28 (1) is not required for such case. <Amended on Nov. 26, 2019> |
[Title Amended on Nov. 26, 2019]
SECTION 2 Management and Protection
| Article 33 (Management Principles for Owners) |
| (1) | The owner of State-designated cultural heritage shall manage and protect the State-designated cultural heritage under good stewardship. |
| (2) | The owner of State-designated cultural heritage may appoint a custodian to be in charge of managing and protecting the State-designated cultural heritage on his/her behalf, as occasion demands. |
| Article 34 (Management by Management Organizations) |
| (1) | Where the identity of an owner of State-designated cultural heritage is unknown or it is deemed difficult or inappropriate for the owner or custodian to manage the State-designated cultural heritage, the Administrator of the Cultural Heritage Administration may designate a local government, corporation or organization competent to manage the cultural heritage as a management organization for the management of the State-designated cultural heritage. In such cases, the management organization of cultural heritage not directly managed by the State among State-designated cultural heritage shall be the competent Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply): Provided, That where cultural heritage extends over at least two Sis/Guns/Gus, the competent Special Metropolitan City, Metropolitan City, or Do (excluding the Special Self-Governing City and the Special Self-Governing Province) shall be the management organization of such cultural heritage. <Amended on Jan. 28, 2014> |
| (2) | A local government designated as a management organization may entrust a corporation or organization competent to manage the relevant cultural heritage with management affairs thereof, following consultation with the Administrator of the Cultural Heritage Administration. |
| (3) | Where the Administrator of the Cultural Heritage Administration intends to designate a management organization pursuant to paragraph (1), he/she shall hear the opinion of the owner of the relevant cultural heritage, or a local government, corporation, or organization he/she intends to designate. |
| (4) | Where the Administrator of the Cultural Heritage Administration designates a management organization pursuant to paragraph (1), he/she shall, without delay, give public notice pm the purport thereof in the Official Gazette, and shall notify the owner or custodian of State-designated cultural heritage and the relevant management organization. |
| (5) | No one shall interfere with management activities of a management organization designated pursuant to paragraph (1). <Amended on Jan. 28, 2014> |
| (6) | Expenses incurred in managing State-designated cultural heritage by a management organization shall be borne by the management organization, except as otherwise specifically provided for in this Act, but the State or the competent local government may subsidize the expenses within budgetary limits if the management organization is incapable of bearing such expenses. <Amended on Feb. 3, 2016> |
| (7) | Article 30 shall apply mutatis mutandis to the time the designation of a management organization under paragraph (1) becomes effective. |
| Article 34-2 (Special Management by the State) |
| (1) | Notwithstanding Article 34 (1), if the Administrator of the Cultural Heritage Administration deems that, with respect to any State-designated cultural heritage, management by the owner, custodian, or management organization thereof is difficult or inappropriate, he/she may directly manage and protect the relevant cultural heritage, following deliberation by the Cultural Heritage Committee. |
| (2) | Expenses incurred in managing and protecting State-designated cultural heritage pursuant to paragraph (1) shall be borne by the State. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 35 (Matters Subject to Permission) |
| (1) | A person who intends to perform any of the following acts in connection with State-designated cultural heritage (excluding national intangible cultural heritage; hereafter the same shall apply in this Article) shall obtain permission from the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree, and the same shall also apply where he/she intends to alter any permitted matter: Provided, That permission (including permission of the alteration of any permitted matter) from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall be required for placing a direction board or a warning sign within a protection area of the State-designated cultural heritage and for other insignificant acts prescribed by Presidential Decree: <Amended on Jan. 28, 2014; Mar. 27, 2015; Nov. 28, 2017; Nov. 26, 2019> |
| 1. | Acts prescribed by Presidential Decree which alter the current state of the State-designated cultural heritage (including protective facilities, protection zones, and natural monuments which are dead or declared to have been imported or brought into the Republic of Korea pursuant to Article 41 (1)); |
| 2. | Acts prescribed by Presidential Decree which could affect the preservation of State-designated cultural heritage (excluding cultural heritage categorized as movable property); |
| 3. | Taking a rubbed copy, a photoprint, or a photograph of State-designated cultural heritage in a manner that could affect the preservation of the cultural heritage; |
| 4. | Capturing or collecting an animal, plant, or mineral within an area designated or provisionally designated as a scenic area or natural monument or within its protection zone or removing the captured or collected animal, plant, or mineral from such area or protection zone. |
| (2) | Where permission from the Administrator of the Cultural Heritage Administration or from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu is granted pursuant to paragraph (1) 2 in an area where the historic and cultural environment preservation area of State-designated cultural heritage overlaps with that of City/Do-designated cultural heritage, permission by the relevant Mayor/Do Governor under Article 74 (2) shall be deemed granted. <Amended on Jan. 28, 2014> |
| (3) | The Administrator of the Cultural Heritage Administration may entrust a Mayor/Do Governor with affairs concerning permission for changes to insignificant matters determined by Presidential Decree, among permitted matters concerning activities which could affect the preservation of State-designated cultural heritage under paragraph (1) 2. <Amended on Jan. 28, 2014> |
| (4) | Within 30 days from the day an application for permission or for alteration of any permitted matter is received under paragraph (1), the Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the applicant of whether or not he/she grants permission. <Newly Inserted on Jun. 12, 2018> |
| (5) | If the Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the applicant of whether he/she grants permission, permission for alteration, or the extension of the processing period prescribed in the statute related to processing of civil complaints within the period prescribed in paragraph (4), permission or permission for alteration shall be deemed granted on the day following the expiration date of such prescribed period (where the processing period is extended or re-extended pursuant to the statute related to the processing of civil complaints, referring to the relevant processing period). <Newly Inserted on Jun. 12, 2018> |
| Article 36 (Criteria for Permits) |
| (1) | The Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in receipt of an application for permission under Article 35 (1) shall grant permission only where an act subject to the application for permission meets the following requirements: <Amended on Jan. 28, 2014; Nov. 26, 2019> |
| 1. | Where such act does not affect the preservation and management of cultural heritage; |
| 2. | Where such act does not damage a historic or cultural environment of cultural heritage; |
| 3. | Such act shall comply with the master plans for cultural heritage and implementation plans. |
| (2) | Where necessary for permission under paragraph (1), the Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may authorize relevant professionals to conduct examination, as prescribed by Presidential Decree. <Newly Inserted on Jan. 28, 2014> |
| Article 37 (Revocation of Permitted Matters) |
| (1) | Where a person who obtains permission under the main sentence of Article 35 (1), Article 35 (3), the proviso to Article 39 (1), Article 39 (3), or Article 48 (5) falls under any of the following cases, the Administrator of the Cultural Heritage Administration may revoke such permission: <Amended on Jan. 28, 2014; Feb. 3, 2016; Jun. 12, 2018> |
| 1. | Where he/she violates permitted matters or conditions of permission; |
| 2. | Where he/she obtains permission by fraud or other improper means; |
| 3. | Where he/she is unable to fulfill permitted matters, or it is deemed likely to substantially undermine public interests. |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may cancel permission where a person who has obtained permission pursuant to the proviso to Article 35 (1) falls under any subparagraph of paragraph (1). <Newly Inserted on Jan. 28, 2014> |
| (3) | Where a person who obtains permission under Article 35 (1) fails to file a commencement report and a period for permission expires, such permission shall be deemed revoked. <Amended on Jan. 28, 2014> |
| Article 38 (Medical Treatment of Animals Designated as Natural Monument) |
| (1) | Where an animal designated as natural monument is in peril, a Mayor/Do Governor may permit transportation for rescue, medication, surgical operation, raising, training for adaption to the wild, etc. (hereinafter referred to as "medical treatment") to be conducted at an animal clinic he/she designates. |
| (2) | Where a Mayor/Do Governor designates an animal clinic pursuant to paragraph (1), he/she shall select it from the following institutions which have expertise in cultural heritage or experience in activities for the protection of natural monument or in medical treatment of wild animals, and the procedure for such designation and other necessary matters shall be prescribed by ordinances of the competent local government: |
| 1. | A veterinary hospital established by a veterinarian license holder under the Veterinarians Act; |
| 2. | A livestock industry-related institution of a local government which employs a veterinarian license holder under the Veterinarians Act; |
| 3. | A management organization or an organization for the protection of animals which has a veterinarian license holder under the Veterinarians Act as its members. |
| (3) | Where it is necessary to urgently protect an animal designated as a natural monument in peril, the Administrator of the Cultural Heritage Administration, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may permit an animal clinic to provide medical treatment first without obtaining permission for the alteration of the current state and to report the results thereon later, notwithstanding Article 35 (1). <Amended on Jan. 28, 2014> |
| (4) | The State or a local government may provide expenses incurred in providing medical treatment, within budgetary limits, to an animal clinic that provides medical treatment to an animal designated as a natural monument. In such cases, business affairs related to the provisions of expenses for medical treatment of animals designated as natural monuments may be entrusted to an organization related to the medical treatment and protection of natural monuments prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and the procedure for providing expenses for medical treatment and other necessary measures shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (5) | Where an animal clinic falls under any of the following cases, a Mayor/Do Governor may revoke the designation thereof: <Amended on Feb. 3, 2016> |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | Where it fails to meet requirements for designation under paragraph (2); |
| 3. | Where it kills or maims an animal designated as a natural monument under medical treatment, intentionally or by gross negligence; |
| 4. | Where it fails to report the results of medical treatment under paragraph (3) or falsely reports thereon; |
| 5. | Where it submits a false invoice to claim expenses for medical treatment under paragraph (4); |
| 6. | Where it violates an order issued by the Administrator of the Cultural Heritage Administration or the head of a local government under Article 42 (1). |
| (6) | Where a Mayor/Do Governor designates an animal clinic or revokes the designation thereof pursuant to paragraphs (2) and (5), he/she shall report thereon to the Administrator of the Cultural Heritage Administration. |
| Article 39 (Prohibition of Exportation, etc.) |
| (1) | No national treasure, treasure, natural monument, or national folklore resource shall be exported or removed from the Republic of Korea: Provided, That this shall not apply where any person obtains permission from the Administrator of the Cultural Heritage Administration on condition that it should be removed from the Republic of Korea for the purpose of international cultural exchange, such as an overseas exhibition of cultural heritage and returned to the Republic of Korea within two years from the date on which it is removed. <Amended on Mar. 21, 2017> |
| (2) | Any person who intends to obtain permission to remove cultural heritage from the Republic of Korea pursuant to the proviso to paragraph (1), shall submit to the Administrator of the Cultural Heritage Administration an application for permission for removal in form prescribed by Ordinance of the Ministry of Culture, Sports and Tourism through a computer system operated and managed by the Commissioner of the Korea Customs Service, by not later than five months before the scheduled date of removal. <Newly Inserted on Feb. 3, 2016; Nov. 26, 2019> |
| (3) | Where a person who has obtained permission for removal pursuant to the proviso to paragraph (1) applies for the extension of the period therefor, the Administrator of the Cultural Heritage Administration may permit extension of such period by up to two years, only if deemed necessary for achieving the original purpose of removal and for safety, etc. of cultural heritage. <Amended on Feb. 3, 2016> |
| (4) | To examine whether permission for removal is granted or whether a period for removal is extended pursuant to the proviso to paragraph (1) and paragraph (3), specific criteria for such examination shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 3, 2016> |
| (5) | The Administrator of the Cultural Heritage Administration may request a person who has obtained permission to remove cultural heritage from the Republic of Korea pursuant to the proviso to paragraph (1) to submit data on the status of the relevant cultural heritage, its preservation and management conditions, etc. In such cases, a person in receipt of such request shall comply therewith except in extenuating circumstances. <Newly Inserted on Nov. 28, 2017> |
| (6) | Notwithstanding paragraph (1), the Administrator of the Cultural Heritage Administration may grant permission for exportation in any of the following cases: <Amended on Feb. 3, 2016; Nov. 28, 2017> |
| 1. | Where a natural monument is made into a specimen, stuffed specimen, etc. with permission under Article 35 (1) 1; |
| 2. | Natural monuments proliferated at specific facilities for the purposes of research or exhibitions. |
| (7) | The Administrator of the Cultural Heritage Administration shall notify the applicant whether he/she grants permission, within 30 days from the day the application for permission is received pursuant to paragraph (6). <Newly Inserted on Jun. 12, 2018> |
| (8) | If the Administrator of the Cultural Heritage Administration fails to notify the applicant whether he/she grants permission or extends the processing period prescribed in the statute related to processing of civil complaints within the period prescribed in paragraph (7), permission shall be deemed granted on the day following the expiration date of such prescribed period (where the processing period is extended or re-extended pursuant to the statute related to the processing of civil complaints, referring to the relevant processing period). <Newly Inserted on Jun. 12, 2018> |
| Article 40 (Matters Subject to Reporting) |
| (1) | Where any of the following cases occurs, an owner, custodian, or management organization of Sate-designated cultural heritage (including its protective facilities and protection zone; hereafter the same shall apply in this Article) shall report the facts and circumstances thereof to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree: Provided, That where a person obtains permission pursuant to the proviso to Article 35 (1) and commences or completes the conduct, he/she shall report the same to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: <Amended on Jan. 28, 2014; Mar. 27, 2015; Nov. 28, 2017> |
| 1. | Where the custodian is appointed or dismissed; |
| 2. | Where the owner of State-designated cultural heritage changes; |
| 3. | Where the name or address of the owner or custodian changes; |
| 4. | Where the name of land, lot number, land category, area, etc. of the place where State-designated cultural heritage is located changes; |
| 5. | Where the place of safekeeping registered cultural heritage changes; |
| 6. | Where all or part of State-designated cultural heritage is destroyed, washed away, stolen, or damaged; |
| 7. | Where the alteration in the current state of cultural heritage is commenced or completed with permission (including changed permission) under Article 35 (1) 1; |
| 8. | Where cultural heritage permitted under Article 35 (1) 4 or 39 (1) is taken out of the Republic of Korea and then returned; |
| 9. | Where he/she has owned a specimen or stuffed specimen of a natural monument before the species of an animal or plant is designated as a natural monument; |
| 9-2. | Where he/she conducts an autopsy on any dead animal designated as natural monument; |
| 9-3. | Where he/she conducts an 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. |
| (2) | Where a person files a report under paragraph (1), the owner and custodian shall jointly sign the report in cases falling under paragraph (1) 1, while the former and new owners shall, respectively, sign the report in cases falling under paragraph (1) 2. <Newly Inserted on Jan. 28, 2014> |
| (3) | Where a person who implements construction works in a historic and cultural environment preservation area commences or completes permitted matters after having obtained permission under Article 35 (1) 2 (including permission for changed matters) in the historic and cultural environment preservation area, he/she shall report the fact and the circumstances thereof to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree: Provided, That where a person obtains permission pursuant to the proviso to Article 35 (1) and commences or completes the conduct, he/she shall report the same to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Jan. 28, 2014> |
| Article 41 (Declaration of Import of Animals or Bringing Them into the Republic of Korea) |
| (1) | Where any person imports any species (including subspecies) of animal designated as a natural monument from overseas or brings it into the Republic of Korea, he/she shall declare such fact to the Administrator of the Cultural Heritage Administration as prescribed by Presidential Decree. |
| (2) | In regard to the matters reported under paragraph (1), the Administrator of the Cultural Heritage Administration may request the heads of related institutions such as related central administrative agencies and public institutions to provide necessary data or information. In such cases, the heads of the institutions in receipt of the request for provision of data or information shall comply therewith except in extenuating circumstances. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 42 (Administrative Orders) |
| (1) | Where the Administrator of the Cultural Heritage Administration or the head of a local government deems it necessary to manage and protect State-designated cultural heritage (including its protective facilities and protection zone; hereafter the same shall apply in this Article), he/she may order to take any of the following measures: <Amended on Mar. 27, 2015> |
| 1. | Prohibition or restriction on certain activities by an owner, custodian, or management organization of State-designated cultural heritage where the management condition of the State-designated cultural heritage is not appropriate for the preservation of the cultural heritage or where deemed specifically necessary to do so; |
| 2. | Repair, installation of other necessary facilities, or removal of any obstacle by an owner, custodian, or management organization of State-designated cultural heritage; |
| 3. | An emergency measure necessary for the preservation of cultural heritage by an owner, custodian, or management organization of State-designated cultural heritage; |
| 4. | Suspension of alteration of the current state of State-designated cultural heritage or any act which could affect the preservation of State-designated cultural heritage, both of which are performed without permission under the subparagraphs of Article 35 (1), or reinstatement thereof. |
| (2) | Where an owner, custodian, or management organization of State-designated cultural heritage fails to fulfill an order issued pursuant to paragraph (1) 1 through 3 or it is deemed inappropriate to order the owner, custodian, or management organization of State-designated cultural heritage to take measures under paragraph (1) 1 through 3, the Administrator of the Cultural Heritage Administration or the head of a local government may directly take measures under paragraph (1) 1 through 3 at the cost of the State. <Amended on Mar. 27, 2015> |
| (3) | Where a person in receipt of an order under paragraph (1) 4 fails to fulfill such order, the Administrator of the Cultural Heritage Administration or the head of a local government may vicariously execute it, as stipulated in the Administrative Vicarious Execution Act, and collect expenses incurred therein from the violator. |
| (4) | Where the head of the competent local government issues an order under paragraph (1), he/she shall report thereon to the Administrator of the Cultural Heritage Administration. |
| Article 43 (Preparation and Preservation of Records) |
| (1) | The Administrator of the Cultural Heritage Administration, and the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, and the head of each management organization shall prepare and preserve records concerning the preservation, management, and details of changes to State-designated cultural heritage. <Amended on Jan. 28, 2014> |
| (2) | Where deemed necessary for the preservation and management of State-designated cultural heritage, the Administrator of the Cultural Heritage Administration may authorize a person or research institute that has expertise in cultural heritage to keep records on State-designated cultural heritage. |
| Article 44 (Regular Investigations) |
| (1) | The Administrator of the Cultural Heritage Administration shall investigate on a regular basis the current state, management, and repair of the State-designated cultural heritage and other conditions of environmental preservation thereof. <Amended on Mar. 27, 2015> |
| (2) | Where the Administrator of the Cultural Heritage Administration deems it necessary to conduct a further investigation after a regular investigation under paragraph (1), he/she may require public officials under his/her control to reinvestigate the State-designated cultural heritage in question. |
| (3) | When an investigation is to be conducted pursuant to paragraphs (1) and (2), the purport thereof shall be communicated, in advance, to the owner, custodian, or management organization of the relevant cultural heritage: Provided, That a post-notice may be given in urgent cases. <Amended on Mar. 27, 2015> |
| (4) | Public officials who conduct an investigation under paragraphs (1) and (2) may request an owner, custodian, or management organization of cultural heritage to cooperate in disclosing the cultural heritage, presenting data on the current state to the extent necessary for the investigation, and allowing access to the place where the cultural heritage is located, and may also take a measurement, excavate the ground, remove obstacles, and do other necessary acts for the investigation to the extent not damaging the current state of the cultural heritage: Provided, That consent from the owner, custodian, or management organization is required where such acts are conducted before sunrise or after sunset. <Amended on Mar. 27, 2015> |
| (5) | Public officials who conduct an investigation pursuant to paragraph (4) shall carry certificates indicating their authority and produce them to related persons. |
| (6) | The Administrator of the Cultural Heritage Administration may fully or partially delegate regular investigations and re-investigations under paragraphs (1) and (2) to a local government, or entrust such investigations to a specialized institution or organization, as prescribed by Presidential Decree. |
| (7) | The Administrator of the Cultural Heritage Administration shall reflect the results of regular investigations and re-investigations under paragraphs (1) and (2) in the management of State-designated cultural heritage, as stipulated in the following: |
| 1. | Designation of cultural heritage and revocation thereof; |
| 2. | Designation of protective facilities or protection zones and revocation thereof; |
| 3. | Deleted; <Mar. 27, 2015> |
| 4. | Repair and reinstatement of cultural heritage; |
| 5. | Restriction and prohibition of any act which could affect the preservation of cultural heritage or installation, removal, or relocation of facilities; |
| 6. | Other necessary matters for the management of cultural heritage. |
| Article 45 (Ex Officio Investigations) |
| (1) | Where deemed necessary, the Administrator of the Cultural Heritage Administration may require public officials under his/her control to investigate the current state, management, repair, and other conditions of environmental preservation. <Amended on Mar. 27, 2015> |
| (2) | Where an ex officio investigation is conducted pursuant to paragraph (1), Article 44 (3) through (5) shall apply mutatis mutandis to notice of investigation, the extent of a request for cooperation in investigations, the scope of acts necessary for investigations, the duty to carry and present a certificate for investigations, and other relevant matters. |
| Article 46 (Compensation for Losses) |
The State shall compensate for any loss incurred by any of the following persons:
| 1. | A person who sustains any loss by fulfilling an order issued under Article 42 (1) 1 through 3; |
| 2. | A person who sustains any loss by taking a measure under Article 42 (2); |
| 3. | A person who sustains any loss due to investigations under Article 44 (4) (including cases applied mutatis mutandis under Article 45 (2)). |
| Article 47 (Application Mutatis Mutandis of Matters to be Permitted to Provisionally Designated Cultural Heritage) |
Articles 35 (1), 37, 39, 40 (1) (limited to subparagraphs 2 through 4 and 6 through 8 of the same paragraph), 40 (2), 42 (1) 1 and 3, and 46 shall apply mutatis mutandis to the management and protection of provisionally designated cultural heritage. <Amended on Jan. 28, 2014; Nov. 26, 2019> [Title Amended on Nov. 26, 2019]
SECTION 3 Public Disclosure and Admission Fees
| Article 48 (Public Disclosure, etc. of State-Designated Cultural Heritage) |
| (1) | State-designated cultural heritage (excluding national intangible cultural heritage; hereafter the same shall apply in this Article) shall be publicly disclosed unless any extenuating circumstance exists, except where public disclosure of cultural heritage is restricted pursuant to paragraph (2). <Amended on Mar. 27, 2015> |
| (2) | Where necessary to preserve State-designated cultural heritage and to prevent its damage, the Administrator of the Cultural Heritage Administration may fully or partially restrict the disclosure of the relevant cultural heritage. In such cases, the Administrator of the Cultural Heritage Administration shall hear the opinion of the owner (referring to a management organization where such organization is designated) of the cultural heritage in question. |
| (3) | Where the Administrator of the Cultural Heritage Administration places a restriction on public disclosure of State-designated cultural heritage pursuant to paragraph (2), he/she shall give public notice on the location of the area where the cultural heritage is located, the period during which public disclosure is restricted, the area subject to the restriction, and other relevant matters, as determined by Ordinance of the Ministry of Culture, Sports and Tourism, and shall inform the owner, custodian, or management organization of the relevant cultural heritage, the competent Mayor/Do Governor, and the head of the competent Si/Gun/Gu thereof. |
| (4) | The Administrator of the Cultural Heritage Administration shall, without delay, lift the restriction measure as soon as the grounds for a restriction on public disclosure of State-designated cultural heritage under paragraph (2) cease to exist. In such cases, the Administrator of the Cultural Heritage Administration shall give public notice thereon, as determined by Ordinance of the Ministry of Culture, Sports and Tourism, and shall inform the owner, custodian, or management organization of the relevant cultural heritage, the competent Mayor/Do Governor, and the head of the competent Si/Gun/Gu thereof. |
| (5) | A person who intends to enter a restricted area pursuant to paragraphs (2) and (3) shall obtain permission from the Administrator of the Cultural Heritage Administration by clearly stating the reason therefor. |
| (6) | The Administrator of the Cultural Heritage Administration shall notify the applicant whether he/she grants permission, within 30 days from the day the application for permission is received pursuant to paragraph (5). <Newly Inserted on Jun. 12, 2018> |
| (7) | If the Administrator of the Cultural Heritage Administration fails to notify the applicant whether he/she grants permission or extends the processing period prescribed in the statute related to processing of civil complaints within the period prescribed in paragraph (6), permission shall be deemed granted on the day following the expiration date of such period (where the processing period is extended or re-extended pursuant to the statute related to the processing of civil complaints, referring to the relevant processing period). <Newly Inserted on Jun. 12, 2018> |
| Article 49 (Collection, Deduction and Exemption of Admission Fees) |
| (1) | An owner of any State-designated cultural heritage who discloses it to the public may collect admission fees from visitors: Provided, That where a management organization is designated, the management organization shall be the collecting authority. <Amended on Mar. 27, 2015> |
| (2) | Admission fees under paragraph (1) shall be determined by the owner or management organization of the relevant State-designated cultural heritage. <Amended on Mar. 27, 2015> |
| (3) | Notwithstanding paragraph (1), the State or a local government may exempt residents, etc. from admission fees, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in cases of State-designated cultural heritage managed by the State, and as prescribed by municipal ordinance in cases of State-designated cultural heritage managed by a local government. <Newly Inserted on Jan. 28, 2014> |
[Title Amended on Jan. 28, 2014]
| Article 50 Deleted. <Mar. 27, 2015> |
SECTION 4 Subsidies and Subsidization of Expenses
| (1) | The State may fully or partially subsidize the following expenses: |
| 1. | Expenses incurred in managing cultural heritage by a management organization under Article 34 (1); |
| 2. | Expenses incurred in taking measures stipulated under Article 42 (1) 1 through 3; |
| 3. | Expenses incurred in managing, protecting, repairing, utilizing State-designated cultural heritage or in preparing records thereon, in addition to cases falling under subparagraphs 1 and 2; |
| 4. | Deleted. <Mar. 27, 2015> |
| (2) | The Administrator of the Cultural Heritage Administration may supervise the repair of cultural heritage or any other works where he/she grants subsidies pursuant to paragraph (1). |
| (3) | Subsidies under paragraph (1) 2 and 3 shall be granted through the Mayor/Do Governor, and shall be managed and spent in compliance with the instructions of the Mayor/Do Governor: Provided, That such subsidies may be directly granted to an owner, custodian, or management organization, and may be managed and spent in compliance with the instructions of the Administrator of the Cultural Heritage Administration where he/she deems it necessary to do so. <Amended on Mar. 27, 2015> |
| Article 52 (Expenses Borne by Local Governments) |
A local government may bear or subsidize expenses incurred in managing, protecting, repairing, or utilizing State-designated cultural heritage which are located in its jurisdiction, but not owned or managed by the local government.
CHAPTER IX STATE REGISTERED CULTURAL HERITAGE
| Article 53 (Registration of State Registered Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may register tangible cultural heritage, monuments (excluding those described in Article 2 (1) 3 (b) and (c)), and folklore resources which are not designated as cultural heritage and for which measures for preservation and utilization are specifically required as State-registered cultural heritage, following deliberation by the Cultural Heritage Committee. <Amended on Mar. 21, 2017; Dec. 24, 2018> |
| (2) | Standards and procedures for registration of the State-registered cultural heritage, matters to be registered, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 24, 2018> |
[Title Amended on Dec. 24, 2018]
| Article 54 (Management of State Registered Cultural Heritage) |
| (1) | A person who manages State-registered cultural heritage, including the owner or custodian of the State-registered cultural heritage, shall endeavor to preserve the original form of the State-registered cultural heritage. <Amended on Dec. 24, 2018> |
| (2) | Where the identity of an owner of State-registered cultural heritage is unknown or its owner or custodian is unable to manage the State-registered cultural heritage, the Administrator of the Cultural Heritage Administration may designate a person to manage the State-registered cultural heritage, from among the competent local government and corporations or organizations competent to manage the State-registered cultural heritage and entrust it to manage the cultural heritage. <Amended on Dec. 24, 2018> |
| (3) | Any owner or custodian of State-registered cultural heritage or a person designated pursuant to paragraph (2) (hereinafter referred to as "management organization of State-registered cultural heritage") may request the Administrator of the Cultural Heritage Administration to provide technical instruction in connection with the management and repair of the State-registered cultural heritage, as determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
[Title Amended on Dec. 24, 2018]
| Article 55 (Matters to be Reported concerning State Registered Cultural Heritage) |
Where any of the following cases occurs in connection with State-registered cultural heritage, the owner, custodian, or management organization of the relevant registered cultural heritage shall report the facts and circumstances thereof to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree: Provided, That the owner and custodian shall jointly sign the report in cases falling under subparagraph 1, while the former and new owners shall jointly sign the report in cases falling under subparagraph 2: <Amended on Jan. 28, 2014; Dec. 24, 2018>
| 1. | Where the custodian is appointed or dismissed; |
| 2. | Where the owner changes; |
| 3. | Where the address of the owner or custodian changes; |
| 4. | Where the name of land, lot number, land category, area, etc. of the place where registered cultural heritage is located changes; |
| 5. | Where the place of safekeeping registered cultural heritage changes; |
| 6. | Where all or part of registered cultural heritage is destroyed, washed away, stolen, or damaged; |
| 7. | Where the alteration in the current state of registered cultural heritage commences or is completed by obtaining permission (including revised permission) under Article 56 (2); |
| 8. | Where cultural heritage permitted under the proviso to Article 39 (1) which is applied mutatis mutandis under Article 59 (2) is taken out of the Republic of Korea and then returned. |
[Title Amended on Dec. 24, 2018]
| Article 56 (Alteration of Current State of State Registered Cultural Heritage) |
| (1) | A person who intends to perform any of the following acts in connection with State-registered cultural heritage, he/she shall report thereon to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu by 30 days prior to the date on which he/she intends to alter it: <Amended on Jan. 28, 2014; Dec.24, 2018> |
| 1. | Acts prescribed by Presidential Decree which alter the exterior of the cultural heritage concerned (excluding cultural heritage classified as movable property); |
| 2. | Relocating registered cultural heritage (excluding cultural heritage classified as movable property) to another place or removing it; |
| 3. | Repairing or preserving cultural heritage classified as movable property. |
| (2) | Notwithstanding paragraph (1), a person who intends to alter the current state of any of the following State-registered cultural heritage, he/she shall obtain permission from the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree. This shall also apply to any change to permitted matters: <Amended on Dec. 24, 2018> |
| 1. | State-registered cultural heritage to which special cases concerning the building-to-land ratio or the floor area ratio of a building under Article 57 is applicable; |
| 2. | State-registered cultural heritage which is subject to a subsidy from the State under Article 51 which is applied mutatis mutandis under Article 59 (2); |
| 3. | State-registered cultural heritage the owner of which is the State or a local government. |
| (3) | 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 under paragraph (1) shall report the fact to the Administrator of the Cultural Heritage Administration via a Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor). <Amended on Jan. 28, 2014> |
| (4) | Where necessary for the protection of State-registered cultural heritage, the Administrator of the Cultural Heritage Administration may provide instruction, advice, recommendation, etc. with respect to the alteration of the current state of the State-registered cultural heritage reported under paragraph (1). <Amended on Dec. 24, 2018> |
[Title of This Article Amended on Dec. 24, 2018]
| Article 57 (Special Cases concerning Building-to-Land Ratio and Floor Space Ratio of State Registered Cultural Heritage) |
Notwithstanding Articles 77 through 79 of the National Land Planning and Utilization Act, the building-to-land ratio and the floor area ratio applicable to a site where a building, which is State-registered cultural heritage, is located may be alleviated, as prescribed by Presidential Decree, by up to 150 percent of the building-to-land ratio and the floor space ratio applicable to the relevant specific-use area, etc. <Amended on Dec. 24, 2018> [Title Amended on Dec. 24, 2018]
| Article 58 (Cancellation of Registration) |
| (1) | Where State-registered cultural heritage no longer needs to be preserved or utilized or any other specific ground exists, the Administrator of the Cultural Heritage Administration may cancel the registration thereof, following deliberation by the Cultural Heritage Committee. <Amended on Dec. 24, 2018> |
| (2) | Where State-registered cultural heritage is designated as designated cultural heritage, the registration thereof becomes invalid. <Amended on Dec. 24, 2018> |
| (3) | Where the owner of State-registered cultural heritage is notified of the cancellation of registration, he/she shall return its registration certificate to the Administrator of the Cultural Heritage Administration within 30 days from the date on which he/she is notified thereof. <Amended on Dec. 24, 2018> |
| Article 59 (Provisions Applicable Mutatis Mutandis) |
| (1) | Articles 28 through 30 shall apply mutatis mutandis to the public notice and notification of registration of State-registered cultural heritage and the cancellation thereof, issuance of the registration certificate, and timing registration or the revocation of such registration becomes effective. In such cases, "State-designated cultural heritage" shall be construed as "State-registered cultural heritage," "designation" as "registration," and "letter of designation" as "registration certificate." <Amended on Dec. 24, 2018> |
| (2) | Articles 33, 34 (2) through (7), 37, 39, 43 through 45, 46 (3), 49, 51 (1) 1 and 3, (2) and (3), 52, and 81 shall apply mutatis mutandis to management principles for owners of State-registered cultural heritage, the management by management organizations of State-registered cultural heritage, the cancellation of registration of State-registered cultural heritage, prohibition of exportation, etc. of State-registered cultural heritage, the preparation, preservation and regular inspections of records on State-registered cultural heritage, ex officio investigations on status, etc. of State-registered cultural heritage, compensation for loss caused by regular inspections, collection of admission fees of State-registered cultural heritage, grant of subsidies by the State, bearing of expenses by local governments, succession to rights and obligations when the owner changes. In such cases, "State-designated cultural heritage" shall be construed as "State-registered cultural heritage," and "management organization" as "management organization of State-registered cultural heritage." <Amended on Jan. 28, 2014; Mar. 21, 2017; Dec. 24, 2018> |
CHAPTER VI ORDINARY MOVABLE CULTURAL HERITAGE
| Article 60 (Prohibition of Exportation, etc. of Ordinary Movable Cultural Heritage) |
| (1) | Article 39 (1) and (3) shall apply mutatis mutandis to cultural heritage classified as movable property (hereinafter referred to as "ordinary movable cultural heritage"), among cultural heritage which are neither designated nor registered under this Act: Provided, That this shall not apply to any of the following cases where the Administrator of the Cultural Heritage Administration grants permission for international cultural exchange, including an overseas exhibition of ordinary movable cultural heritage: <Amended on Feb. 3, 2016> |
| 1. | Where a museum, etc. established under the Museum and Art Gallery Support Act retrieves ordinary movable cultural heritage taken out to a foreign museum, etc. within ten years from the date on which it was taken out; |
| 2. | Where a museum or an organization related to cultural heritage which is officially recognized by a foreign government takes ordinary movable cultural heritage purchased or donated out of the Republic of Korea with intent to exhibit it in a museum, etc. in its own country. |
| (2) | Where a person who has obtained permission under the proviso to paragraph (1) falls under any subparagraph of Article 37 (1), the Administrator of the Cultural Heritage Administration may revoke such permission. |
| (3) | Necessary matters concerning procedures, etc. for exportation or taking-out of ordinary movable cultural heritage under paragraph (1) 2 shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (4) | Where a person who has obtained permission under the proviso to paragraph (1) retrieves the permitted ordinary movable cultural heritage after it was taken out of the Republic of Korea, he/she shall report thereon to the Administrator of the Cultural Heritage Administration. |
| (5) | Where a person intends to export or take movable property out of the Republic of Korea that could be mistaken as ordinary movable cultural heritage, he/she shall receive prior verification from the Administrator of the Cultural Heritage Administration. |
| (6) | Necessary matters concerning the scope of ordinary movable cultural heritage and the verification, etc. thereof under paragraph (1) and paragraph (5) shall be prescribed by Presidential Decree. |
| Article 60-2 (Assignment, etc. of Cultural Heritage Appraiser) |
| (1) | In order to carry out the affairs concerning the prevention of illegal taking-out of cultural heritage and the appraisal, etc. of movable property taken abroad, the Administrator of the Cultural Heritage Administration may assign cultural heritage appraisers at airports under subparagraph 3 of Article 2 of the Airport Facilities Act, international trade ports under subparagraph 2 of Article 2 of the Harbor Act, clearance post offices under Article 256 (2) of the Customs Act, and other relevant places. <Amended on Mar. 29, 2016> |
| (2) | Matters necessary for assignment, operation, etc. of cultural heritage appraisers pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 27, 2015]
| Article 61 (Investigation on Ordinary Movable Cultural Heritage) |
| (1) | Where deemed necessary, the Administrator of the Cultural Heritage Administration may require public officials under his/her control to investigate the current state of ordinary movable cultural heritage possessed by a State agency or local government, its management, repair, and other preservation conditions thereof. In such cases, the head of the State agency or local government shall cooperate in the investigation. |
| (2) | Where the Administrator of the Cultural Heritage Administration deems that the preservation and management of cultural heritage is inappropriate based on the results of an investigation conducted under paragraph (1), he/she may request the head of the relevant agency or local government to prepare a scheme for the preservation and management of such cultural heritage. |
| (3) | The head of a State agency or local government in receipt of a request by the Administrator of the Cultural Heritage Administration under paragraph (2) shall prepare a scheme for the preservation and management of cultural heritage, and shall report to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree. |
| (4) | Article 44 (3) through (5) shall apply mutatis mutandis to notice on investigations, requests for cooperation in investigations, and other matters necessary for such investigations where the Administrator of the Cultural Heritage Administration conducts investigations under paragraph (1). |
CHAPTER VII SPECIAL CASES CONCERNING STATE-OWNED CULTURAL HERITAGE
| Article 62 (Management Authority and Office of General Administration) |
| (1) | Notwithstanding Article 8 of the State Property Act and Article 7 of the Commodity Management Act, cultural heritage owned by the State (hereinafter referred to as "State-owned cultural heritage") shall be managed and comprehensively controlled by the Administrator of the Cultural Heritage Administration: Provided, That where State-owned cultural heritage is administrative property managed by the head of any central government agency (referring to the head of a central administrative agency under the National Finance Act; hereinafter the same shall apply) other than the Administrator of the Cultural Heritage Administration or it is specially necessary for the head of any central government agency other than the Administrator of the Cultural Heritage Administration to manage such cultural heritage, the Administrator of the Cultural Heritage Administration shall designate a management authority, following consultation with the head of the related agency and the Minister of Strategy and Finance. |
| (2) | Where the Administrator of the Cultural Heritage Administration designates a management authority pursuant to the proviso to paragraph (1), he/she shall seek opinions from the Cultural Heritage Committee. |
| (3) | The Administrator of the Cultural Heritage Administration may delegate the management of State-owned cultural heritage which do not fall under the proviso to paragraph (1) to a local government, or entrust the management of such heritage to a non-profit corporation or non-profit organization that is not a corporation. In such cases, the profits accrued from the management of State-owned cultural heritage shall be the revenue of the person to whom management is delegated or entrusted. |
| Article 63 (Free Administrative Exchanges between Accounts) |
State-owned cultural heritage that belongs to an account of another management authority may be transferred to the Administrator of the Cultural Heritage Administration through an administrative exchange without consideration, notwithstanding Article 17 of the State Property Act.
| Article 64 (Special Cases concerning Procedures and Methods) |
| (1) | Where the Administrator of the Cultural Heritage Administration designates or provisionally designates State-owned cultural heritage, the management authority of which is otherwise designated pursuant to the proviso to Article 62 (1), or revokes the designation or provisional designation thereof, notice to the owner or possessor of cultural heritage required under this Act shall be given to the management authority of such cultural heritage. <Amended on Nov. 26, 2019> |
| (2) | Where Articles 40, 42, 45, and 49 apply to any State-owned cultural heritage, the management authority of which is otherwise designated pursuant to the proviso to Article 62 (1), "owner of cultural heritage" refers to the management authority of cultural heritage. |
| Article 65 (Restrictions on Disposal) |
Where a management authority under the proviso to Article 62 (1) intends to perform any act other than those stipulated under the subparagraphs Article 35 (1) in connection with State-designated or provisionally designated cultural heritage under its control, it shall obtain the consent of the Administrator of the Cultural Heritage Administration in advance. <Amended on Nov. 26, 2019>
| Article 66 (Prohibition of Transfer or Establishment of Private Rights) |
Unless otherwise specifically provided for in this Act, no State-owned cultural heritage (including its site) may be transferred to any other person, nor may any private right be established therein: Provided, That the use of such cultural heritage may be permitted under certain terms and conditions only in necessary cases for any public or official purpose or for public service if it is determined that this does not create problems in managing and protecting the cultural heritage.
CHAPTER VIII KOREAN CULTURAL HERITAGE OVERSEAS
| Article 67 (Protection of Korean Cultural Heritage Overseas) |
The State shall endeavor to protect, restitute, and utilize Korean cultural heritage overseas, and secure an organization and a budget necessary therefor.
| Article 68 (Investigations and Research of Korean Cultural Heritage Overseas) |
| (1) | The Administrator of the Cultural Heritage Administration or the head of a local government may conduct investigations and research on the status of Korean cultural heritage overseas, its preservation and management conditions, details on how it was removed from the Republic of Korea, and other relevant matters. <Amended on Feb. 3, 2016> |
| (2) | The Administrator of the Cultural Heritage Administration or the head of a local government may request related agencies, including museums, the Korea Foundation, the National Institute of Korean History, and universities, to present data and information necessary for efficiently conducting investigations and research under paragraph (1), and related agencies so requested shall comply therewith. <Amended on Feb. 3, 2016> |
| Article 69 (Support for Protecting and Restituting Korean Cultural Heritage Overseas) |
| (1) | The Administrator of the Cultural Heritage Administration or the head of a local government may support or foster related agencies or organizations where necessary for the protection and restitution of Korean cultural heritage overseas. <Amended on Feb. 3, 2016> |
| (2) | Necessary matters concerning designation of agencies or organizations to be supported or fostered by the head of a local government, provision of financial support to such agencies or organizations, etc. under paragraph (1) shall be prescribed by municipal ordinance of the competent local government. <Newly Inserted on Feb. 3, 2016> |
| Article 69-2 (Gathering of Opinions on Restitution and Utilization of Korean Cultural Heritage Overseas) |
The Administrator of the Cultural Heritage Administration may gather opinions from relevant experts or agencies about significant policies for restituting and utilizing Korean cultural heritage overseas.
[This Article Wholly Amended on Feb. 3, 2016]
| Article 69-3 (Establishment of Overseas Korean Cultural Heritage Foundation) |
| (1) | In order to conduct an investigation and research on the status of Korean cultural heritage overseas and the details of their removal from the Republic of Korea, carry out research on various strategies and policies on the restitution and utilization of Korean cultural heritage overseas, and engage in other projects regarding Korean cultural heritage overseas in a comprehensive and systematic manner, an Overseas Korean Cultural Heritage Foundation (hereinafter referred to as the “Foundation”) shall be established under the Cultural Heritage Administration. |
| (2) | The Foundation shall be a corporation. |
| (3) | The Foundation shall have executive officers and employees as necessary, as prescribed by its articles of incorporation. |
| (4) | Except as provided for in this Act, provisions concerning incorporated foundations under the Civil Act shall apply mutatis mutandis to the Foundation. |
| (5) | The State may contribute funds or grant subsidies, within budgetary limits or from the Cultural Heritage Preservation Fund under the Cultural Heritage Preservation Fund Act, to cover expenses incurred in establishing and operating the Foundation. |
| (6) | The Foundation shall engage in the following projects to accomplish the purposes of its establishment: |
| 1. | Investigation and research on the status of Korean cultural heritage overseas and the details of their removal from the Republic of Korea, etc.; |
| 2. | Research on the restitution, protection, and utilization of Korean cultural heritage overseas; |
| 3. | Acquisition, preservation, and management of Korean cultural heritage overseas; |
| 4. | Provision of support to organizations related to the restitution and utilization of Korean cultural heritage overseas, and increasing exchange and international alliance therewith; |
| 5. | Publicity, education, and publication and dissemination activities in regards to the restitution and utilization of Korean cultural heritage overseas; |
| 6. | Support for operating Korean galleries at overseas museums; |
| 7. | Dispatch and education and training of curators in charge of Korean art collections; |
| 8. | Support for preservation of Korean cultural heritage overseas and publicity thereof; |
| 9. | Profit-making projects to attain the purposes of its establishment, in which case prior approval from the Administrator of the Cultural Heritage Administration shall be obtained for such projects; |
| 10. | Other projects necessary to attain the purposes of its establishment. |
| (7) | The Foundation may require relevant administrative agencies or the heads of corporations or organizations related to the restitution and utilization of Korean cultural heritage overseas to submit data necessary to undertake its projects, via the Administrator of the Cultural Heritage Administration. |
[This Article Newly Inserted on Jan. 26, 2012]
CHAPTER IX CITY/DO-DESIGNATED CULTURAL HERITAGE AND CITY/DO-REGISTERED CULTURAL HERITAGE
| Article 70 (Designation of City/Do-Designated Cultural Heritage, Registration of City/Do-Registered Cultural Heritage) |
| (1) | A Mayor/Do Governor may designate, as City/Do-designated cultural heritage, cultural heritage deemed worthy of preservation, among those under his/her jurisdiction which are not designated as State-designated cultural heritage. <Amended on Mar. 27, 2015> |
| (2) | A Mayor/Do Governor may designate, as cultural heritage resources, cultural heritage not designated pursuant to paragraph (1), but deemed necessary for preservation of folk culture. |
| (3) | A Mayor/Do Governor may register tangible cultural heritage, monuments (excluding those described in Article 2 (1) 3 (b) and (c)), and folklore resources which are not designated as City/Do-registered cultural heritage and for which measures for preservation and utilization are specifically required as registered cultural heritage, following deliberation by the Cultural Heritage Committee. <Inserted on Dec. 24, 2018> |
| (4) | The Administrator of the Cultural Heritage Administration may recommend a Mayor/Do Governor to designate cultural heritage deemed necessary following deliberation by the Cultural Heritage Committee as City/Do-designated cultural heritage or cultural heritage resources (including its protective facilities and protection zone; hereinafter the same shall apply), and preserve so-designated cultural heritage, or recommend to register as City/Do-registered cultural heritage and protect it. In such cases, a Mayor/Do Governor shall take procedures for designating or procedure for registration of cultural heritage and report the results thereof to the Administrator of the Cultural Heritage Administration unless extenuating circumstances exist. <Amended on Dec. 24, 2018> |
| (5) | Where City/Do-designated cultural heritage or City/Do-registered cultural heritage resources are designated or registered pursuant to paragraphs (1) through (4), the name of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province shall be indicated before the word "designated" in their names, to inform that they have been designated by the said Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province. <Amended on Jan. 28, 2014; Dec. 24, 2018> |
| (6) | Necessary matters concerning procedures for designating City/Do-designated cultural heritage or cultural heritage resources and revoking such designation; procedures for registering and cancelling City/Do-designated cultural heritage; the management, protection and development of cultural heritage resources and City/Do-registered cultural heritage; and other relevant matters shall be prescribed by ordinance of the relevant local government. <Amended on Dec. 24, 2018> |
[Title Amended on Dec. 24, 2018]
| Article 70-2 (Designation of Protective Facilities or Protection Zones of City/Do-Designated Cultural Heritage or Cultural Heritage Resources) |
| (1) | Where specifically necessary to protect cultural heritage in granting designation pursuant to Article 70, 1, or 2, a Mayor/Do Governor may designate protective facilities or protection zones therefor. |
| (2) | Where deemed necessary due to a change, etc. in artificial or natural conditions, a Mayor/Do Governor may adjust protective facilities or protection zones designated pursuant to paragraph (1). |
| (3) | Where a Mayor/Do Governor has designated or adjusted protective facilities or protection zones pursuant to paragraphs (1) and (2), he/she shall review whether such designation or adjustment is appropriate before every tenth anniversary of such designation or adjustment passes, in consideration of the following matters: Provided, That the period for review may be extended up to the period prescribed by Presidential Decree, if it is impracticable to review the appropriateness in a timely manner due to any extenuating circumstance: |
| 1. | The value of the cultural heritage worthy of preservation; |
| 2. | The effects of the designation of protective facilities or protection zones on the exercise of property rights; |
| 3. | The environment surrounding the protective facilities or protection zones. |
| (4) | Necessary matters concerning the designation and adjustment, the review of appropriateness, and other relevant matters under paragraphs (1) through (3) shall be prescribed by City/Do Municipal Ordinances. |
| (5) | Where the protection zones designated under paragraph (2) are adjusted, if the Mayor/Do Governor deems that they do not influence the preservation of City/Do-designated cultural heritage, he/she may maintain the extent of a historic and cultural environment preservation area designated pursuant to Article 13 (3) to the existing extent. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 71 (Establishment of City/Do Cultural Heritage Committees) |
| (1) | A cultural heritage committee (hereinafter referred to as "City/Do cultural heritage committee") shall be established under each City/Do to investigate and deliberate on matters concerning the preservation, management, and utilization of cultural heritage under the jurisdiction of the relevant Mayor/Do Governor. |
| (2) | Matters concerning the organization and operation of City/Do cultural heritage committees and other relevant matters shall be prescribed by municipal ordinances, including the following: |
| 1. | Matters concerning investigations of and deliberation on the preservation, management, and utilization of cultural heritage; |
| 2. | Matters concerning the commissioning or dismissal of committee members; |
| 3. | Matters concerning the establishment and operation of subcommittees; |
| 4. | Matters concerning the commissioning and use of expert committee members. |
| (3) | Where a Mayor/Do Governor intends to request the Administrator of the Cultural Heritage Administration to designate any cultural heritage under his/her jurisdiction as State-designated cultural heritage (including its protective facilities and protection zone), to revoke such designation, or register or revoke State-designated cultural heritage, he/she shall undergo prior deliberation thereon by the relevant City/Do cultural heritage committee. <Amended on Dec. 24, 2018> |
| Article 72 (Bearing of Expenses) |
| (1) | Where City/Do-designated cultural heritage, cultural heritage resources, or City/Do-registered cultural heritage designated or registered pursuant to Article 70 (1) through (3) is State-owned or public property, expenses incurred in the preservation thereof shall be borne by the State or the relevant local government. <Amended on Dec. 24, 2018> |
| (2) | The State or a local government may fully or partially subsidize the expenses incurred in the preservation, management, repair, utilization and preparation of records on City/Do-designated cultural heritage, cultural heritage resources, or City/Do-registered cultural heritage which are not State-owned or public property. <Amended on Mar. 27, 2015; Dec. 24, 2018> |
| (1) | Where any of the following cases occurs, a Mayor/Do Governor shall report thereon to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree: <Amended on Dec. 24, 2018> |
| 1. | Where he/she designates any cultural heritage or cultural heritage resource as City/Do-designated cultural heritage or cultural heritage resource, or revokes such designation; |
| 2. | Where the person is registered as City/Do-registered cultural heritage or the registration thereof is cancelled; |
| 3. | Where the location or storage place of the City/Do-designated cultural heritage, cultural heritage resources, or City/Do-registered cultural heritage is changed; |
| 4. | Where City/Do-designated cultural heritage, cultural heritage resource, or City/Do-registered cultural heritage has been completely or partially destroyed, washed away, stolen, or damaged. |
| (3) | Where any act under paragraph (1) 1 or 2 is deemed inappropriate, the Administrator of the Cultural Heritage Administration may order the relevant person to take corrective or necessary measures. <Amended on Dec. 24, 2018> |
| Article 74 (Provisions to be Applied Mutatis Mutandis) |
| (1) | Article 39 (1) through (5) shall apply mutatis mutandis to exportation and removal of City/Do-designated cultural heritage, cultural heritage resources, or City/Do-registered cultural heritage. <Amended on Feb. 3, 2016; Nov. 28, 2017; Dec. 24, 2018> |
| (2) | Articles 31 (1) and (4), 32 through 34, 35 (1), 36, 37, 40, 42 through 45, 48, 49 and 81 shall apply mutatis mutandis to the revocation of City/Do-designated cultural heritage and cultural heritage resources and management thereof. In such cases, "Administrator of the Cultural Heritage Administration" shall be construed as "Mayor/Do Governor," "Presidential Decree" as "ordinance of the competent City/Do," and "State" as "local government." <Amended on Mar. 27, 2015; Oct. 16, 2018; Nov. 26, 2019> |
| (3) | Articles 33, 34 (2) through (7), 37, and 43 through 45, subparagraph 3 of Article 46, and Articles 49, 53 through 58, and 81 shall apply mutatis mutandis to the registration, cancellation or management of City/Do registered cultural heritage. In such cases, "Administrator of the Cultural Heritage Administration" shall be construed as "Mayor/Do Governor"; "Presidential Decree" or "Ordinance of the Ministry of Culture, Sports and Tourism" as "City/Do ordinance", "State" as "local government", "State-designated cultural heritage" as ", respectively; Organizations shall be construed as "City/Do management organizations of registered cultural heritage," and "Cultural Heritage Committee" as "City/Do cultural heritage committee," respectively. <Newly Inserted on Dec. 24, 2018> |
CHAPTER X CULTURAL HERITAGE TRADE BUSINESS
| Article 75 (Permission of Trade and other Business Activities) |
| (1) | A person who intends to engage in business of trading or exchanging tangible cultural heritage or tangible folklore resources (including any person who engages in such business on commission) which are categorized into movable property shall obtain permission for cultural heritage trade business from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| (2) | A person who has obtained permission under paragraph (1) (hereinafter referred to as "cultural heritage dealer") shall report the current status on the preservation of cultural heritage and the current state of their trade or exchange to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| (3) | 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 under paragraph (2) shall notify the Administrator of the Cultural Heritage Administration of matters so reported on a regular basis, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| (4) | When any of the following information is changed, the person who has obtained permission pursuant to paragraph (1) shall file a report on the change with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: <Newly Inserted on Jun. 12, 2018; Nov. 26, 2019> |
| 1. | Change of the trade name; |
| 2. | Change of the address of business place. |
| 3. | Change of corporation representative; |
| 4. | Change of the executive officers of a corporation which has obtained permission for cultural heritage trade business in accordance with the qualification requirements prescribed in Article 76 (1) 5. |
| Article 75-2 (Succession to Business) |
| (1) | Where a person who has obtained cultural heritage trade business under Article 75 transfers the business to another person or a corporation merges with another corporation, the person who acquires the cultural heritage trade business by transfer, or the status of a corporation surviving the merger or a person who survives the merger as a cultural heritage dealer, shall be succeeded to the status of such person. |
| (2) | A person who succeeds to the status of a cultural heritage trader pursuant to paragraph (1) shall report to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (3) | With regard to reporting under paragraph (2), the requirements for qualifications under Article 76 (1) and the provisions on the grounds for disqualification under Article 77 shall apply mutatis mutandis. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 76 (Qualifications) |
| (1) | Any person who intends to obtain permission for a cultural heritage trading business pursuant to Article 75 (1) shall fall under any of the following: <Amended on Nov. 26, 2019> |
| 1. | A person who has worked for the State, a local government, a museum, or an art gallery dealing with cultural heritage for at least two years; |
| 2. | A person who has earned at least a certain level of credits in the fields of history, ancient science, humanities, art science, folklore, traditional craft, or cultural heritage management (hereinafter referred to as "major courses related to cultural heritage") at a university or college of a junior college or higher (including a graduate school); |
| 3. | A person who is recognized to have earned at least a certain level of credits in subjects related to cultural heritage under Article 7 of the Act on Recognition of Credits; |
| 4. | A person who has been employed by a cultural heritage trader and who has dealt with cultural heritage for at least three years; |
| 5. | A corporation established pursuant to the Commercial Act for the purpose of distribution and transaction of products of high arts, etc., which has at least one representative or executive officer satisfying any of the requirements set forth in subparagraphs 1 through 4. |
| (2) | Necessary matters concerning the scope of museums and art galleries, certain credits, etc. under paragraph (1) and other relevant matters shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Nov. 26, 2019> |
| Article 77 (Grounds for Disqualification) |
Any of the following persons shall be disqualified as a cultural heritage dealer: <Amended on Mar. 21, 2017>
| 1. | A person who is under adult guardianship or limited guardianship; |
| 2. | A person in whose case three years have not passed since a sentence of imprisonment without labor or greater punishment imposed upon him/her, in violation of this Act, or Article 347 or 362 of the Criminal Act was completely executed or discharged; |
| 3. | A person in whose case three years have not passed since his/her permission was revoked pursuant to Article 80. |
| Article 77-2 (Prohibition on Lending Name, etc.) |
A cultural heritage trader shall not let another person engage in the trade of cultural heritage using his or her name or trade name, or lend its permit to another person.
[This Article Newly Inserted on Nov. 26, 2019]
| Article 78 (Matters to be Observed) |
| (1) | Each cultural heritage dealer shall prepare account books on trade, exchange, etc., as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, to keep records on details of transactions, and shall photograph and attach the photographs of actual objects so that the relevant cultural heritage can be verified. <Amended on Jan. 28, 2014> |
| (2) | Each cultural heritage dealer shall annually obtain a sealed approval of the account books on trade, exchange, etc. under paragraph (1), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. This shall also apply where a cultural heritage dealer closes his/her cultural heritage trade business. <Newly Inserted on Jan. 28, 2014> |
| Article 79 (Duty to Report Closure of Business) |
Where a person who has obtained permission under Article 75 (1) closes his/her cultural heritage trade business, he/she shall submit a report on the closure of business to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within three months, as determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Jan. 28, 2014>
| Article 80 (Revocation of Permit) |
| (1) | Where a cultural heritage dealer falls under any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall revoke his/her permission or order the dealer to fully or partially suspend his/her business within a specified period of up to one year: Provided, That where a cultural heritage trader falls under subparagraphs 1 through 3, such permit shall be revoked: <Amended on Jan. 28, 2014; Nov. 26, 2019> |
| 1. | Where the person obtains permission by fraud or other improper means. |
| 3. | Where the ballast water disposal services provider continues business during a period of business suspension; |
| 4. | Where a corporation which has obtained permit for cultural heritage trade business in accordance with the qualification requirements prescribed in Article 76 (1) 5 loses the relevant qualification requirements; Provided, That this shall not apply where the relevant corporation appoints a person meeting requirements for qualification as its representative or executive officer within three months; |
| 5. | Where a person violates the prohibited matters such as name lending under Article 77-2; |
| 6. | Where he/she violates matters to be observed pursuant to Article 78. |
| (2) | Detailed standards for administrative disposition under paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 80-2 (Succession to Effects of Administrative Sanctions) |
Where a cultural heritage trader transfers the trading business or merges a corporation, it violates Articles 75 (2), (4), 75-2 (2), 78, or Article 80 (1) 1 through 3; the effect of administrative sanctions against the former cultural heritage trader in accordance with the provisions up to subparagraphs will be transferred to the person who has acquired it for one year from the end of the disposition period or to a corporation that survives the merger, and if the administrative sanctions procedure is in progress, the administrative sanctions procedure may be continued on the person who has acquired the transfer or the corporation surviving after the merger: Provided, That the same shall not apply in cases where a transferee or corporation surviving a merger proves that he/she/it has been unaware of such sanction or violation at the time of the transfer or merger. [This Article Newly Inserted on Nov. 26, 2019]
CHAPTER X-2 INTERPREVENTION MANAGEMENT OF CULTURAL HERITAGE
| Article 80-3 (Cultural Heritage Care Programs) |
| (1) | The State and local governments may conduct regular preventive management projects to preserve cultural heritage (hereinafter referred to as “cultural heritage care programs”) falling under any of the following: |
| 1. | Designated cultural heritage (excluding intangible cultural heritage; hereafter the same shall apply in this Article); |
| 2. | Registered cultural heritage; |
| 3. | Provisionally designated cultural heritage; |
| 4. | Other cultural heritage of high historical, cultural and artistic value, as prescribed by Presidential Decree. |
| (2) | The scope of the cultural heritage care programs shall be as follows: |
| 1. | Periodic monitoring of cultural heritage; |
| 2. | Daily and preventive management to improve the viewing environment of cultural heritage; |
| 3. | Environmental maintenance and disaster prevention in surrounding areas of cultural heritage; |
| 4. | Rapid investigation and emergency measures in response to disasters in cultural heritage and surrounding areas; |
| 5. | Minor repairs that do not affect the preservation of the relevant cultural heritage under the proviso to Article 5 (1) of the Act on Cultural Heritage Maintenance; |
| 6. | Other activities necessary for cultural heritage care programs. |
| (3) | The Administrator of the Cultural Heritage Administration shall establish guidelines for the promotion of cultural heritage care programs every year and notify a Mayor/Do Governor and the Central Cultural Heritage Care Center under Article 80-4 and the local cultural property care center under Article 80-5, respectively. |
[This Article Newly Inserted on Jun. 9, 2020]
[Enforcement Date: Jun. 10, 2021] Article 80-3
| Article 80-4 (Central Cultural Heritage Care Center) |
| (1) | The Administrator of Cultural Heritage Administration shall establish and operate the Central Cultural Heritage Care Center in order to comprehensively and efficiently perform the following tasks related to the cultural heritage care project: |
| 1. | Management and support of cultural heritage care programs; |
| 2. | Research and investigation for cultural heritage care programs; |
| 3. | Establishment and operation of information management system for cultural heritage care projects; |
| 4. | Support for evaluation of local cultural heritage care centers; |
| 5. | Management and support of professional education for local cultural heritage care center workers; |
| 6. | Support for interconnection and cooperation between local cultural heritage care centers; |
| 7. | Other projects necessary to achieve the purpose of establishing the Central Cultural Heritage Care Center. |
| (2) | The Administrator of the Cultural Heritage Administration may entrust the operation of the Central Cultural Heritage Care Center under paragraph (1) to an institution or organization related to cultural heritage, as prescribed by Presidential Decree. |
| (3) | The Administrator of the Cultural Heritage Administration may subsidize all or part of the expenses necessary for the operation when entrusting the operation of the Central Cultural Heritage Care Center to an institution or organization related to cultural heritage pursuant to paragraph (2). |
| (4) | Other matters necessary for establishing and operating the Central Cultural Heritage Care Center shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 9, 2020]
[Enforcement Date: Jun. 10, 2021] Article 80-4
| Article 80-5 (Local Cultural Property Care Center) |
| (1) | A Mayor/Do Governor may designate an institution or organization related to cultural heritage as a local cultural heritage care center in order to efficiently perform the following tasks: |
| 1. | Cultural heritage care programs suitable for local conditions; |
| 2. | Research and investigation for cultural heritage care projects suitable for local conditions; |
| 3. | Exchange of human and material resources between local cultural heritage care centers; |
| 4. | Workplace education such as safety education for local cultural heritage care center workers; |
| 5. | Other projects necessary to achieve the purpose of designation of a local cultural heritage care center. |
| (1) | A Mayor/Do Governor may revoke the designation of a local cultural heritage care center if it falls under any of the following subparagraphs: Provided, That he/she shall revoke such designation in the case of subparagraph 1: |
| 1. | Where it has obtained the designation by fraud or other improper means; |
| 2. | Where it no longer complies with the standards for designation of specialized manpower fostering institutions under paragraph (4). |
| (3) | The State and each local government may subsidize full or part of the expenses necessary for the operation of local cultural heritage care centers. |
| (4) | Necessary matters concerning the standards and procedures for designation and cancellation of local cultural heritage care centers, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 9, 2020]
[Enforcement Date: Jun. 10, 2021] Article 80-5
| Article 80-3 (Evaluation of Local Cultural Heritage Care Center) |
| (1) | The Administrator of the Cultural Heritage Administration shall evaluate whether the local cultural heritage care center has been properly operated in accordance with the promotion guidelines under Article 80-3 (3). |
| (2) | The Administrator of the Cultural Heritage Administration shall notify a Mayor/Do Governor of the evaluation result pursuant to paragraph (1) and disclose it. |
| (3) | Matters necessary for the timing and method of evaluation under paragraph (1) and disclosure of evaluation results under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 9, 2020]
[Enforcement Date: Jun. 10, 2021] Article 80-6
| Article 80-7 (Specialized Education for Workers of Local Cultural Heritage Care Center) |
| (1) | Employees of local cultural heritage care centers shall receive education (hereinafter referred to as "specialized education") necessary for cultural heritage care programs conducted by the Administrator of the Cultural Heritage Administration, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (2) | The Administrator of the Cultural Heritage Administration may delegate or entrust professional education to an institution or organization related to cultural |
| (3) | The content, method, and timing of professional education under paragraph (1) and matters necessary for delegation or consignment of professional education under paragraph (2) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Jun. 9, 2020]
[Enforcement Date: Jun. 10, 2021] Article 80-7
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 81 (Succession to Rights and Obligations) |
| (1) | Where the owner of State-designated cultural heritage (including its protective facilities and protection zone, and provisionally designated cultural heritage) changes, the new owner shall succeed to the rights and obligations of the former owner under this Act or an order, instruction, or any other disposition issued or made by the Administrator of the Cultural Heritage Administration pursuant to this Act. <Amended on Nov. 26, 2019> |
| (2) | Paragraph (1) shall apply mutatis mutandis to a management organization and an owner, where a management organization is designated pursuant to Article 34 or such designation is revoked: Provided, That this shall not apply to any right and obligation exclusive to the owner. |
| Article 82 (Delegation and Entrustment of Authority) |
The authority of the Administrator of the Cultural Heritage Administration under this Act may be partially delegated to the head of the affiliated institution, Mayor/Do Governor, or the head of a Si/Gun/Gu, or entrusted to an agency, corporation, organization, etc, which is established for the protection, preservation, distribution, utilization, etc. of cultural heritage, as prescribed by Presidential Decree. <Amended on Nov. 26, 2019>
| Article 82-2 (Prohibited Use of Similar Names) |
No person who is not the Foundation under this Act shall use the name of Korea Cultural Heritage Foundation and other names similar thereto.
[This Article Newly Inserted on May 28, 2014]
| Article 82-3 (Prohibited Acts) |
| (1) | No one shall use, draw, or leak in any designated cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration or the head of a local government may order a person who has committed an act under paragraph (1) to reinstate a damaged cultural heritage. |
| (3) | If the person fails to comply with the order under paragraph (2) or it is deemed inappropriate to have the person who has performed the act under paragraph (1) take measures to restore the original state, the Administrator of the Cultural Heritage Administration or the head of a local government may restore the damaged cultural heritage to its original state by the burden of the State or local governments, and the expenses thereof may be charged to a person who has performed the acts under paragraph (1), as prescribed by Presidential Decree. |
| (4) | When a person who is liable to pay the expenses requested pursuant to paragraph (3) fails to pay them, it shall be collected in accordance with the example of disposition for national tax arrears or in accordance with the Act on the Collection of Local Non-Tax Revenue. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 83 (Expropriation or Use of Land) |
| (1) | Where necessary for the protection and management of cultural heritage, the Administrator of the Cultural Heritage Administration or the head of a local government may expropriate or use land, buildings, trees, bamboo, or other structures within designated cultural heritage or its protection zone pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. |
| (1) | Deleted. <Jan. 28, 2014> |
| Article 84 (Loan, Use, etc. of State or Public Property) |
| (1) | Notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State and a local government may permit to lend, use, benefit from, or sell State-owned property or public property by a free contract, where deemed necessary for the preservation, management, and utilization of and initiation into cultural heritage. |
| Article 85 (Disaster Prevention Day for Cultural Heritage) |
| (1) | February 10 of each year is designated as the Disaster Prevention Day for Cultural Heritage to safely preserve cultural heritage from disasters, such as fire, and to raise Korean nationals' awareness on the safe management of cultural heritage. |
| (2) | The State and a local government shall implement projects and hold events, such as safety inspections and disaster prevention drills, on cultural heritage to suit the underlying spirit of the Disaster Prevention Day for Cultural Heritage. |
| (3) | Necessary matters concerning the events to be held on the Disaster Prevention Day for Cultural Heritage shall be otherwise determined by the Administrator of the Cultural Heritage Administration or the Mayor/Do Governor. |
| Article 86 (Monetary Awards) |
| (1) | The Administrator of the Cultural Heritage Administration shall pay a monetary reward, within budgetary limits, to any person who informs the investigative authority of a person who committed or attempted a crime stipulated under Articles 90 through 92 of this Act and Article 31 of the Act on Protection and Inspection of Buried Cultural Heritage when he/she has been sentenced to the suspension of indictment or his/her conviction has been final and conclusive, and any person who contributes to the arrest of such person. |
| (2) | Necessary matters concerning the scope of investigation agencies, handling of information provided, and the payment of monetary rewards, including standards for payment thereof, shall be prescribed by Presidential Decree. |
| Article 87 (Relationship with other Acts) |
| (1) | Where the Administrator of the Cultural Heritage Administration intends to perform any of the following acts over an area, the size of which is equal to or larger than that prescribed by Presidential Decree within a park area under the Natural Parks Act, he/she shall consult with the relevant park management authority: <Amended on Jan. 28, 2014> |
| 1. | Where he/she designates a certain area as a historic site, scenic area, or natural monument pursuant to Article 25; |
| 2. | Where he/she designates a protection zone pursuant to Article 27; |
| 3. | Where he/she grants permission or revised permission pursuant to the main sentence of Article 35 (1). |
| (2) | If the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to grant the permission or the permission of alteration pursuant to the proviso to Article 35 (1) with respect to the area of at least a size prescribed by Presidential Decree, within a park area under the Natural Parks Act, he/she shall consult with the relevant park management authority. <Newly Inserted on Jan. 28, 2014> |
| (3) | Where permission is granted pursuant to Article 35 (1) (including cases applied mutatis mutandis under Article 74 (2)), any of the following permission shall be deemed granted: <Amended on Jan. 28, 2014> |
| 2. | Permission to occupy for use and use an urban park, urban natural park area, or green belt under Articles 24, 27, and 38 of the Act on Urban Parks, Green Areas, Etc. |
| (5) | The provisions concerning bona fide acquisition under Article 249 of the Civil Act shall not apply to transactions, such as trade, etc. of any of the following cultural heritage: Provided, That where a transferee purchases cultural heritage in good faith through auction or from a cultural heritage dealer, etc., the victim or the person who loses such cultural heritage may pay to the transferee the price that the transferee has paid and claim the return thereof: <Amended on Jan. 28, 2014> |
| 1. | Cultural heritage designated by the Administrator of the Cultural Heritage Administration or a Mayor/Do Governor; |
| 2. | Cultural heritage publicly announced as a stolen or lost article; |
| 3. | Cultural heritage with an essential part thereof or record showing its source deliberately mutilated. |
| (6) | Necessary matters concerning public announcement under paragraph (5) 2 shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Jan. 28, 2014> |
Where the Administrator of the Cultural Heritage Administration, a Mayor/Do Governor or the head of a Si/Gun/Gu intends to take any of the following dispositions, he/she shall hold a hearing: <Amended on Nov. 26, 2019>
| 1. | Revocation of designation of a support center under Article 22-4 (3); |
| 2. | Cancellation of certification cultural heritage education programs pursuant to Article 22-7; |
| 3. | Revocation of permission where a person who has obtained permission under Article 35 (1), 39, 56 (2), or the proviso to Article 60 (1) violates any provision or condition of permission; |
| 4. | Revocation of designation as an animal clinic under Article 38 (5); |
| 5. | Revocation of permission or suspension of business of a cultural heritage dealer under Article 80. |
Where the Administrator of the Cultural Heritage Administration, a Mayor/Do Governor or the head of a Si/Gun/Gu intends to take any of the following dispositions, he/she shall hold a hearing: <Amended on Nov. 26, 2019; Jun. 9, 2020>
| 1. | Revocation of designation of a support center under Article 22-4 (3); |
| 2. | Cancellation of certification of cultural heritage education programs pursuant to Article 22-7; |
| 3. | Revocation of permission where a person who has obtained permission under Article 35 (1), 39, 56 (2), or the proviso to Article 60 (1) violates any provision or condition of permission; |
| 4. | Revocation of designation as an animal clinic under Article 38 (5); |
| 5. | Revocation of permission or suspension of business of a cultural heritage dealer under Article 80; |
| 6. | Revocation of designation of a local cultural heritage care center under Article 80-5 (2). |
[Enforcement Date: Jun. 10, 2021] Article 88
| Article 89 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
| 1. | A member of the Cultural Heritage Committee (including a member of City/Do cultural heritage committees under Article 71 (1)) which investigates and deliberates on matters concerning the preservation and management of cultural heritage pursuant to Article 8 (1); |
| 1-2. | A person who presents his/her opinion concerning review of the influence of preserving the designated cultural heritage pursuant to the latter part of Article 13 (2); |
| 1-3. | A person who presents his/her opinion concerning investigation of the permission of alteration of the current state pursuant to Article 36 (2); |
| 2. | A person who carries out business affairs on the payment of expenses for medical treatment of animals designated as natural monuments on commission pursuant to Article 38 (4); |
| 3. | A person who investigates cultural heritage under entrustment pursuant to Article 44 (6); |
| 4. | A person who engages in affairs entrusted by the Administrator of the Cultural Heritage Administration pursuant to Article 82. |
CHAPTER XII PENALTY PROVISIONS
| Article 90 (Crime of Exportation, etc. without Permission) |
| (1) | A person who exports or removes any designated or provisionally designated cultural heritage from the Republic of Korea, in violation of the main sentence of Article 39 (1) (including cases applied mutatis mutandis under Articles 59 (2) and 74 (1)), or who fails to restitute cultural heritage removed under the proviso to Article 39 (1) and paragraphs (2) through (4) (including cases applied mutatis mutandis under Articles 59 (2) and 74 (1)) by a specified deadline shall be punished by imprisonment with labor for a limited term of at least five years, and the relevant cultural heritage shall be confiscated. <Amended on Feb. 3, 2016; Nov. 26, 2019> |
| (2) | A person who exports or removes any cultural heritage from the Republic of Korea or who fails to restitute any cultural heritage removed, in violation of Article 60 (1) shall be punished by imprisonment with labor for a limited term of not less than three years, and the relevant cultural heritage shall be confiscated. |
| (3) | A person who transfers or acquires cultural heritage, or intermediates a transaction of cultural heritage, knowing that the cultural heritage would be exported or removed from the Republic of Korea, in violation of paragraph (1) or (2) shall be punished by imprisonment with labor for a limited term of not less than three years, and the relevant cultural heritage shall be confiscated. |
| Article 90-2 (Collection of Equivalent Value) |
Where it is impracticable to confiscate the relevant cultural heritage pursuant to Article 90, the appraised value of the relevant cultural heritage shall be collected. [This Article Newly Inserted on Nov. 26, 2019]
| Article 91 (Crime of Enticement to Make False Designation, etc,) |
A person who entices another person to designate cultural heritage as designated or provisionally designated cultural heritage by fraudulent or other illegal means shall be punished by imprisonment with labor for a limited term of not less than five years. <Amended on Nov. 26, 2019>
| Article 92 (Crime of Infliction of Damage, Concealment, etc.) |
| (1) | A person who causes damage to, steals, or conceals State-designated cultural heritage (excluding national intangible cultural heritage), or impairs the utility thereof by any other means shall be punished by imprisonment with labor for a limited term of not less than three years. <Amended on Mar. 27, 2015> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than one year: <Amended on Nov. 26, 2019> |
| 1. | A person who causes damage to, steals, or conceals any designated or provisionally designated cultural heritage (excluding a structure) other than those stipulated in paragraph (1), or impairs the utility thereof by any other means; |
| 2. | A person who causes damage to, steals, or conceals any ordinary movable cultural heritage, or impairs the utility thereof, knowing that it is ordinary movable cultural heritage. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than two years or by a fine not less than twenty million won nor more than 150 million won: |
| 1. | A person who makes a specimen or stuffed specimen of a natural monument without obtaining permission for the alteration of the current state, or revised permission therefor under Article 35 (1) 1; |
| 2. | A person who acquires, transfers, takes over, or transports cultural heritage with knowledge of a violation of paragraph (1) or (2) or subparagraph 1; |
| 3. | A person who mediates an act under subparagraph 2. |
| (4) | Even where an act that had impaired the utility of a designated or provisionally designated cultural heritage or ordinary movable cultural heritage by causing damage, theft, or concealment, or by any other means committed by a third person before concealment under paragraphs (1) and (2) has not been punished, the person who committed such concealment shall be sentenced to the punishment stipulated under the said paragraphs. <Amended on Nov. 26, 2019> |
| (5) | Any cultural heritage falling under paragraphs (1) through (4) shall be confiscated, but where such confiscation is impracticable, the appraised value of the relevant cultural heritage shall be collected: Provided, That this shall not apply where a person who conceals cultural heritage under paragraph (4) acquires it in good faith. |
| Article 93 (Cumulative Crimes) |
| (1) | A person who commits a crime stipulated under Articles 90 through 92 by demonstrating the force of an organization or a large number of people or carrying a dangerous object in his/her possession shall be sentenced to cumulative punishment by half that stipulated under the relevant Articles. |
| (2) | Any person who inflicts an injury on a person managing or protecting the designated cultural heritage or provisionally designated cultural heritage by committing a crime prescribed in paragraph (1) shall be punished by imprisonment with labor for an indefinite term or for a term of not less than five years. Where such injury leads a person to death, such offender shall be punished by death or by imprisonment with labor for an indefinite term or for a term of not less than five years. <Amended on Nov. 26, 2019> |
| Article 94 (Application Mutatis Mutandis of the Criminal Act) |
A person who commits arson, inundation, or destruction of any of the following structures shall be punished by applying mutatis mutandis Article 165, 178, or 367 of the Criminal Act and the corresponding provisions related to the aforesaid Articles in the aforesaid Act, and shall be cumulatively punished by half that stipulated under each corresponding provisions: <Amended on Nov. 26, 2019> | 1. | A structure which is designated or provisionally designated cultural heritage; |
| 2. | A structure for the protection of designated or provisionally designated cultural heritage. |
| Article 95 (Crimes of Inundation of Historic Sites) |
A person who damages a historic site, scenic area, natural monument, or its protection zone designated or provisionally designated by the Administrator of the Cultural Heritage Administration by inundating it shall be punished by imprisonment with labor for not less than two years nor more than ten years. <Amneded on Nov. 26, 2019>
| Article 96 (Other Crimes of Inundation) |
A person who damages any designated or provisionally designated cultural heritage other than those stipulated under Article 95 or the protection zone of such cultural heritage by inundating it shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won. <Amended on Nov. 26, 2019>
| Article 97 (Persons, etc. who Attempt to Commit Crimes) |
| (1) | An attempted criminal under Articles 90 through 92, 93 (1), 95, and 96 shall be punished. |
| (2) | Any person who prepares or conspires to commit the crime of Article 90 shall be punished by imprisonment with labor for not more than two years. <Amended on Nov. 26, 2019> |
| (2) | A person who prepares himself/herself or plots to commit a crime under Articles 91, 92, 93 (1), 95 and, 96 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Nov. 26, 2019> |
| Article 98 (Criminal Negligence) |
| (1) | A person who commits a crime under Article 95 or 96 by negligence shall be punished by a fine not exceeding 10 million won. |
| (2) | A person who commits a crime under Article 95 or 96 due to malpractice or gross negligence shall be punished by imprisonment without labor for not more than three years or by a fine not exceeding 30 million won. |
| Article 99 (Unpermitted Conduct, etc.) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Nov. 26, 2019> |
| 1. | A person who alters the current state of a designated or provisionally designated cultural heritage (including its protective facilities and protection zone, and dead natural monuments) or who conducts an act which could affect the preservation thereof, in violation of Article 35 (1) 1 or 2 (including cases applied mutatis mutandis under Articles 47 and 74 (2)); |
| 2. | A person who captures or collects an animal, plant, or mineral in an area designated or provisionally designated as a scenic area or natural monument, or its protection zone, or removes the captured or collected animal, plant, or mineral from such area without permission, in violation of Article 35 (1) 4 (including cases applied mutatis mutandis under Article 74 (2)); |
| 3. | A person engaged in any business without permission, in violation of Article 75 (1). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Dec. 24, 2018> |
| 1. | A person who owns the relevant cultural heritage in cases falling under each subparagraph of paragraph (1); |
| 2. | A person who develops and utilizes groundwater without obtaining permission for changes under Article 56 (2) (including cases applied mutatis mutandis pursuant to Article 74 (3)) or after obtaining permission for changes by unlawful means. |
| Article 100 (Violations, etc. of Administrative Orders) |
A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won, and the relevant object shall be confiscated in cases under subparagraph 2: <Amended on Nov. 26, 2019>
| 1. | A person who violates an order issued pursuant to Article 21 (1) or 42 (1) (including cases applied mutatis mutandis under Article 74 (2)) without good cause; |
| 2. | A person who brings in or sprays any substance harmful to the growth of any habitat, breeding area, or migratory area of an animal designated or provisionally designated as a natural monument (including natural monuments designated as City/Do designated cultural heritage). |
| Article 101 (Violations of Hindering Management) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Nov. 26, 2019>
| 1. | A person who fails to comply with an instruction under Article 12 without good cause; |
| 2. | A person who interferes with management activities performed by a management organization, in violation of Article 34 (5) (including cases applied mutatis mutandis under Article 74 (2)), or who interferes with management activities performed by a management authority of designated or provisionally designated cultural heritage, without good cause; |
| 3. | A person who performs activities stipulated under Article 35 (1) 3 (including cases applied mutatis mutandis under Article 74 (2)) without permission; |
| 4. | A person who refuses to provide cooperation or to perform necessary activities required under the main sentence of Article 44 (4) (including cases applied mutatis mutandis under Articles 45 (2) and 74 (2)); |
| 5. | A person responsible for managing and protecting designated or provisionally designated cultural heritage, who destroys or damages the relevant cultural heritage due to gross negligence; |
| 6. | A person who falsely reports; |
| 7. | A person who intentionally destroys, moves, removes, or otherwise spoils a boundary marker of an area designated as cultural heritage or its protection zone by making it impossible to discern the boundaries of such area; |
| 8. | A person who discloses cultural heritage to the public, in violation of any restriction placed thereon by the Administrator of the Cultural Heritage Administration under Article 48 (2) or who enters cultural heritage without permission under paragraph (5) of the same Article (including cases applied mutatis mutandis under Article 74 (2)). |
| Article 101-2 (Prohibition of Title Lending) |
Any person who allows a third person to conduct cultural heritage trade business by using his/her name or trade name or lends his/her permit to a third person, in violation of Article 77-2, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. [This Article Newly Inserted on Nov. 26, 2019]
| Article 102 (Joint Penalty Provisions) |
Where the representative of a corporation or an agent, employee of or other persons employed by, the corporation or an individual commits any violation referred to in Articles 94 through 96, or Articles 98 through 101 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine prescribed in the relevant Article or a fine not exceeding 300 million won if there is no relevant penalty provision: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.
| Article 103 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jan. 26, 2012; May 28, 2014; May 21, 2017; Nov. 28, 2017; Nov. 26, 2019> |
| 1. | A person who fails to comply with an order to take measures for rectification under Article 14-4 (3); |
| 1-2. | A person who puts an certification mark or a mark similar thereto on a cultural heritage education program without obtaining certification in violation of Article 22-6 (6); |
| 2. | A person who fails to report under Article 40 (1) 6, 9, 9-2, or 9-3 (including cases applied mutatis mutandis pursuant to Article 74 (2)); |
| 2-2. | A person who fails to file a declaration on the import of any species of animal declare import or bringing it into the Republic of Korea pursuant to Article 41 (1); |
| 3. | A person who fails to report under subparagraph 6 of Article 55; |
| 4. | A person who fails to file a report under Article 56 (1); |
| 5. | A person who fails to comply with matters to be observed under Article 78; |
| 6. | A person who fails to report the closure of business under Article 79; |
| 7. | A person who uses the name of Korea Cultural Heritage Foundation and other names similar thereto, in violation of Article 82-2. |
| (2) | A person who fails to report under Article 40 (1) 5 (including cases applied mutatis mutandis pursuant to Article 74 (2)) shall be punished by an administrative fine not exceeding four million won. |
| (3) | A person who fails to report under Article 40 (1) 7 or (3) (including cases applied mutatis mutandis pursuant to Article 74 (2)) shall be punished by an administrative fine not exceeding three million won. <Amended on Jan. 28, 2014> |
| (4) | Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended on Jun. 12, 2018; Nov. 26, 2019> |
| 1. | A person who fails to report under Article 40 (1) 1 through 4 or 8 (including cases applied mutatis mutandis pursuant to Article 74 (2)); |
| 2. | A person who fails to report under subparagraphs 1 through 5, 7, or 8 of Article 55; |
| 3. | A person who fails to file a report under Article 60 (4); |
| 4. | A person who fails to file a report under Article 75 (2); |
| 5. | A person who fails to file a report on modification under Article 75 (4); |
| 6. | A person who fails to submit a report prescribed in Article 75-2 (2). |
| (5) | A person who smokes in a non-smoking area in violation of Article 14-4 (5) shall be punished by a fine for negligence not exceeding 100,000 won. <Newly Inserted on Jan. 26, 2012; Mar. 21, 2017> |
| Article 104 (Imposition and Collection of Administrative Fines) |
Administrative fines under Article 103 shall be imposed and collected by the Administrator of the Cultural Heritage Administration, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA <Act No. 10000, Feb. 4, 2010>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 92, 98 and 102 shall enter into force on the date of its promulgation. Articles 2 (Transitional Measures concerning Enforcement Date)
| (2) | Article 95 or 96 referred to in Article 98 (1) which enters into force pursuant to the proviso to Article 1 of the Addenda shall be deemed the former Article 107 or 108, and Article 95 or 96 referred to in paragraph (2) of the same Article shall be deemed the former Article 104 (3), 107 or 108 until one year elapses after this Act is promulgated. In such cases, any crime under the former Article 104 (3) shall be governed by the former provisions concerning the confiscation of relevant cultural heritage. |
| (3) | Provisions concerning violations under Articles 94 through 96 or Articles 98 through 101 referred to in Article 102 which enters into force pursuant to the proviso to Article 1 of the Addenda shall be governed by the former provisions until one year elapses after this Act is promulgated. |
Article 3 (Transitional Measures concerning Important Folklore Resources)
Outstanding folklore resources designated under the former provisions as at the time this Act enters into force shall be deemed designated as important folklore resources under this Act.
Article 4 (Transitional Measures concerning Notices on Public Code of Conduct, such as Alteration of Current State of Designated Cultural Heritage)
The detailed code of conduct applicable to any cultural heritage so designated and notified under the former provisions as at the time this Act enters into force shall be determined and notified within one year from the date this Act enters into force pursuant to the amended provisions of Article 13 (4). Article 5 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any acts by/against administrative agencies done under the former provisions as at the time this Act enters into force shall be deemed acts by/against administrative agencies done under this Act corresponding thereto.
Article 6 Omitted.
Article 7 (Relationships with other Acts)
A citation of any provision of the former Cultural Heritage Protection Act by any other statutes as at the time this Act enters into force shall be deemed a citation of the provisions of this Act in lieu of the former provisions, if provisions corresponding thereto exist herein.
ADDENDUM <Act No. 10562, Apr. 6, 2011>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 10829, Jul. 14, 2011>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Technical Experts) At the time this Act enters into force, technical experts commissioned pursuant to the Cultural Heritage Committee Regulations shall be deemed to be commissioned in accordance with this Act. |
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Provisions Concerning Delegation)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11053, Sep. 16, 2011>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11228, Jan. 26, 2012>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 2 of the Addenda shall enter into force on the date of its promulgation. Article 2 (Preparation for Establishment)
| (1) | In order to handle administrative affairs regarding the establishment of the Foundation, the Administrator of the Cultural Heritage Administration shall establish a Committee for Incorporating the Cultural Heritage Overseas Foundation (hereinafter referred to as the “Incorporation Committee”) within 30 days from the date of promulgation of this Act. |
| (2) | The Incorporation Committee shall be comprised of not more than seven promoters commissioned by the Administrator of the Cultural Heritage Administration, and the Deputy Administrator of the Cultural Heritage Administration shall serve as the chair. |
| (3) | The Incorporation Committee shall prepare the articles of incorporation of the Foundation, on which the promoters prescribe their names and affix their seals or sign their names, and shall obtain authorization from the Administrator of the Cultural Heritage Administration. |
| (4) | The Incorporation Committee shall complete registration for the establishment of the Foundation by the date this Act enters into force. |
| (5) | When the president of the Foundation is appointed, the Incorporation Committee shall transfer its administrative affairs to the president without delay. |
| (6) | Upon completion of the transfer of administrative affairs under paragraph (5), the Incorporation Committee shall be deemed dissolved and the promoters shall be deemed decommissioned. |
ADDENDA <Act No. 12352, Jan. 28, 2014>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Administration Actions)
An action done by and/or against an administrative institution pursuant to the former provisions before this Act enters into force shall be deemed to have been done by and/or against an administrative institution pursuant to this Act.
Article 3 (Transitional Measures concerning Expropriation or Use of Land)
Article 4 (Transitional Measures concerning Penalty Provisions)
The previous provisions of this Act shall apply to cases of imposing penalties on violations committed before this Act enters into force.
ADDENDA <Act No. 12692, Jun. 28, 2014>
Article 1 (Provisions Concerning Delegation)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures following Alteration of the Foundation’s Name)
| (1) | The Korea Cultural Heritage Foundation as at the time this Act enters into force shall be deemed the Korea Cultural Heritage Foundation under this Act. In such cases, the Korea Cultural Heritage Foundation shall, within three months after this Act enters into force, amend its articles of incorporation in accordance with the amended provisions of this Act and obtain the authorization thereof from the Administrator of the Cultural Heritage Administration. |
| (2) | The chairperson, director, statutory auditor, and employees of the Korea Cultural Heritage Foundation as at the time this Act enters into force shall be deemed to have been appointed respectively as the chairperson, director, statutory auditor, and employees of the Korea Cultural Heritage Foundation pursuant to this Act. In such cases, the term of office of executives shall be the remaining period of the term given under the former provisions. |
| (3) | The Korea Cultural Heritage Foundation shall succeed to all the assets, rights, and obligations belonged to the former Korea Cultural Heritage Foundation as at the time this Act enters into force. |
| (4) | An action done by and/or against the Korea Cultural Heritage Foundation before this Act enters into force shall be deemed to have been done by and/or against the Korea Cultural Heritage Foundation under this Act. |
Article 3 Omitted.
ADDENDUM <Act No. 13249, Mar. 27, 2015>
This Act shall enter into one year after the date of its promulgation.
ADDENDA <Act No. 13291, Mar. 18, 2015>
Article 1 (Provisions Concerning Delegation)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13964, Feb. 3, 2016>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 34 (6) and 69 shall enter into force on the date of its promulgation. Article 2 (Applicability to Application for Permission to Remove Cultural Heritage from Republic of Korea)
The amended provisions of Article 39 (2) through (4) shall apply beginning with the first application for permission to remove cultural heritage from the Republic of Korea or the first application for permission to extend the period for removal, filed after this Act enters into force.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDUM <Act No. 14436, Dec. 20, 2016>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14640, Mar. 21, 2017>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (8) shall enter into force six months after the date of its promulgation; and the amended provisions of Articles 6-2, 14, 14-2 through 14-6, 53 (1), the proviso to 59 (2), 103 (1) 1 and (5) shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Important Folklore Resources)
The important folklore resources designated under the former provisions of Article 26 as at the time this Act enters into force, shall be deemed the national folklore resources designated under the amended provisions of Article 26. Article 3 (Transitional Measures concerning Grounds for Disqualification of Incompetent Persons)
Notwithstanding the amended provisions of Article 77 (2), with respect to a person for whom declaration of incompetence or quasi-incompetence remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429) as at the time this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 14795, Apr. 18, 2017>
Article 1 (Provisions Concerning Delegation)
This Article shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15065, Nov. 28, 2017>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 11 (2) through (4), 39 (5) and (6), and 74 (1) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Filing Declaration on Import of Animals or Bringing Them into the Republic of Korea)
The owner or custodian of any species of animal imported from overseas or brought into the Republic of Korea among the species of animals designated as natural monuments as at the time this Act enters into force shall file a declaration with the Administrator of the Cultural Heritage Administration pursuant to the amended provisions of Article 41 within three months after this Act enters into force.
ADDENDA <Act No. 15639, Jun. 12, 2018>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Articles 75 (4) and 103 (4) 4 shall enter into force on the date of its promulgation. Article 2 (Applicability to Permission, etc. for Altering Current State of State-Designated Cultural Heritages)
The amended provisions of Articles 35 (4) and (5), 39 (7) and (8), and 48 (6) and (7) shall begin to apply from the first case where an application for permission or for alteration of the current state of any State-designated cultural heritage is filed, an application for export license of a natural monument, etc. made of specimen, taxidermied animal, etc. is filed, and an application for access to the area restricted from public disclosure of State-designated cultural heritage is filed. Article 3 (Transitional Measures concerning Permission of Trade and other Business Activities)
A person who has obtained permission for change of his/her trade name or address of business place under the former provisions as at the time the amended provisions of Article 75 (4) enter into force shall be deemed to have filed a report under the same amended provisions.
ADDENDA <Act No. 15827, Oct. 16, 2018>
Article 1 (Provisions Concerning Delegation)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Application Mutatis Mutandis to Succession to Rights and Obligations)
The amended provisions of Article 74 (2) shall begin to apply to the change of any owner of City/Do-designated cultural heritage and cultural heritage resources or the designation of a management organization or revocation thereof made after this Act enters into force.
ADDENDA <Act No. 16057, Dec. 24, 2018>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Name of Registered Cultural Heritage)
Registered cultural heritage as at the time this Act enters into force shall be deemed as State-registered cultural heritage under this Act.
Article 3 Omitted.
ADDENDA <Act No. 16596, Nov. 26, 2019>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 39 (2) shall enter into force one year after the date of its promulgation Article 2 (Applicability to Reporting to the National Assembly)
The amended provisions of Article 7-2 shall apply starting from the first master plan and implementation plan for cultural heritage formulated after this Act enters into force. Article 3 (Applicability to Modification Reports)
The amended provisions of Article 75 (4) shall apply from the first change of the representative of the corporation after this Act enters into force, or the change of the representative or executive of the corporation who has obtained permit for the cultural heritage trading business under the qualification requirements of Article 76 (1) 5. Article 4 (Applicability to Succession to Business)
The amended provisions of Article 75-2 shall apply from the first merger or transfer of business after this Act enters into force. Article 5 (Applicability to Prohibition of Attachment)
The amended provisions of Article 80 (1) 5 and 101-2 shall apply from the first violation of prohibited matters such as name lending after this Act enters into force. Article 6 (Applicability to Succession to Effects of Administrative Dispositions)
The amended provisions of Article 80-2 shall apply to any administrative sanction taken on or after the date this Act enters into force. Article 7 (Transitional Measures concerning Change in Terms of Provisional Designation, Provisionally Designated Cultural Heritage, or Letter of Provisional Designation)
The provisional designation, provisionally designated cultural heritage, or letter of provisional designation pursuant to the former provisions at the time this Act enters into force shall be deemed as provisionally designated cultural heritage, or letter of provisional designation under the amended provisions of Aritlce 32 (1), (2), and (4).
Article 8 (Transitional Measures concerning Change of Requirements for Qualifications)
A person who has obtained permission for a cultural heritage trading business at the time this Act enters into force, notwithstanding the amended provisions of Article 76, shall be deemed to have obtained permission under this Act. Article 9 Omitted.
Article 10 (Relationships with other Acts)
ADDENDUM <Act No. 17409, Jun. 9, 2020>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 15 (2) shall enter into force on the date of promulgation, and the amended provisions of Article 22-8 and 82-3 shall enter into force six months after the date of promulgation.