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SPECIAL ACT ON CONSERVATION, MANAGEMENT AND UTILIZATION OF WORLD HERITAGE

Act No. 16932, Feb. 4, 2020

Amended by Act No. 17587, Dec. 8, 2020

 Article 1 (Purpose)
The purpose of this Act is to enhance the cultural pride of the people by providing for matters necessary to conserve, manage and utilize World Heritage in relation to the Convention Concerning the Protection of the World Cultural and Natural Heritage, and contribute to the promotion of international cooperation to conserve the common assets of humankind.
 Article 2 (Fundamental Concepts)
(1) The underlying principle for the conservation, management and utilization of World Heritage is that the Outstanding Universal Value of the heritage, including the conditions of integrity and authenticity at the time of its inscription, shall be maintained or improved.
(2) The conservation, management and utilization of World Heritage shall be implemented in a manner to raise public awareness of and involvement in World Heritage and enhance the role of local communities concerned.
 Article 3 (Definitions)
The terms used in this Act are defined as follows:
1. The term “World Heritage” means any heritage inscribed on the World Heritage List of the United Nations Educational, Scientific, and Cultural Organization (hereinafter referred to as “UNESCO”), in accordance with Articles 1, 2 and 11 (2) of the Convention Concerning the Protection of the World Cultural and Natural Heritage (hereinafter referred to as the “World Heritage Convention”);
2. The term “Tentative List” means an inventory of properties considered suitable for nomination to the World Heritage List, which is submitted to UNESCO and registered therein in accordance with Article 11 (1) of the World Heritage Convention.
 Article 4 (Responsibilities of the State and Local Governments)
(1) The State shall establish and implement comprehensive policy measures for the conservation, management and utilization of World Heritage.
(2) Local governments shall establish and implement policy measures for the conservation, management and utilization of World Heritage, in consideration of the State’s policy measures and regional characteristics.
(3) The State and local governments shall ensure that residents, interested parties, relevant experts, etc. can actively participate in the establishment and implementation of policies on the conservation, management and utilization of World Heritage.
(4) The people shall actively cooperate with the policy measures of the State and local governments for the conservation, management and utilization of World Heritage.
 Article 5 (Relationship to Other Statutes)
Unless otherwise provided in other statutes, the conservation, management, utilization and support of World Heritage shall be governed by this Act: Provided, That this Act shall not apply with regard to traditional temples registered under Article 4 of the Korean Traditional Temples Preservation and Support Act.
 Article 6 (Consultation on Major Policy Measures)
(1) The heads of the relevant central administrative agencies, and 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 the “Mayor/Do Governor”) shall consult with the Administrator of the Cultural Heritage Administration in advance to develop major policy measures or plans in direct relation to the inscription, conservation, management, utilization and support of World Heritage: Provided, That this shall not apply where consultation with the Administrator of the Cultural Heritage Administration is held in accordance with other statutes.
(2) The kinds of major policy measures or plans subject to consultation under paragraph (1), consultation procedures, and other necessary matters shall be prescribed by Presidential Decree.
 Article 7 (Promotion of International Cooperation and Support)
(1) The State shall endeavor to promote cooperative relationships with international organizations and international specialized organizations pertaining to World Heritage, and other countries.
(2) The State shall support efforts of the international community to conserve World Heritage, which include providing financial assistance to developing countries for the systematic conservation, management and utilization of World Heritage.
 Article 8 (Promotion of Inter-Korean Cooperation)
(1) The Administrator of the Cultural Heritage Administration shall develop an institutional framework for promoting mutual exchange and cooperation between the two Koreas regarding inscription on the World Heritage List and the conservation, management and utilization of the inscribed World Heritage.
(2) The Administrator of the Cultural Heritage Administration may request cooperation from relevant domestic and foreign organizations to support inscription of North Korea's properties on the World Heritage List and its conservation, management and utilization of the inscribed World Heritage, and may provide funds to defray all or part of the expenses incurred therein.
 Article 9 (Inscription on the World Heritage List)
(1) The Administrator of the Cultural Heritage Administration may submit nominations of national cultural and natural properties for inscription on the UNESCO World Heritage List in accordance with the World Heritage Convention.
(2) The State and local governments shall endeavor to ensure that the nominated properties are to be inscribed on the World Heritage List, which include conserving and managing Tentative List properties and providing support for academic research.
(3) Article 19 of the Cultural Heritage Protection Act shall apply mutatis mutandis to the conservation, management and support of World Heritage, and the process for selecting the properties for nomination under paragraph (1).
 Article 10 (Designation of World Heritage Zones)
(1) The Administrator of the Cultural Heritage Administration may designate areas necessary for the conservation, management and utilization of World Heritage property inscribed in accordance with Article 9, as a World Heritage Zone.
(2) A World Heritage Zone under paragraph (1) shall be designated according to the following categories:
1. World Heritage Zone: An area inscribed on the World Heritage List deemed of its Outstanding Universal Value, integrity and authenticity;
2. Buffer Zone of World Heritage property: An area surrounding the nominated property provided in the World Heritage nomination for effective protection of the property.
(3) The Administrator of the Cultural Heritage Administration may, if necessary for the conservation of World Heritage, change the World Heritage Zones designated under paragraph (1) in accordance with the procedures prescribed by Presidential Decree.
(4) If any World Heritage is deleted from the World Heritage List, the Administrator of the Cultural Heritage Administration shall revoke the designation of the relevant World Heritage Zone, without delay.
(5) In order to designate or change a World Heritage Zone under paragraphs (1) through (3), the Administrator of the Cultural Heritage Administration shall undergo deliberation thereon by the Cultural Heritage Committee established under Article 8 of the Cultural Heritage Protection Act (hereinafter referred to as the "Cultural Heritage Committee"), following consultations with the heads of the relevant central administrative agencies, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). In such cases, the head of an agency in receipt of such request for consultation shall present its opinion within 30 days from the date on which such request is received.
(6) When the Administrator of the Cultural Heritage Administration has designated, changed or revoked the designation of a World Heritage Zone in accordance with paragraphs (1) through (4), he or she shall give public notice thereon as prescribed by Presidential Decree, and send copies of the relevant documents to the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. In such cases, public notice of a topographic map, etc., shall conform to Article 8 of the Framework Act on the Regulation of Land Use; and the Mayor/Do Governor or the head of a Si/Gun/Gu shall make copies of the relevant documents available to the public without delay, and reflect the relevant content in an urban or Gun master plan and an urban or Gun management plan under the National Land Planning and Utilization Act.
 Article 11 (Protection of World Heritage Zones)
(1) An area designated as, or changed to, a World Heritage Zone by the Administrator of the Cultural Heritage Administration in accordance with Article 10, shall be deemed designated as follows:
1. World Heritage Zone: Designated cultural heritage under Article 23 (excluding any cultural heritage categorized as movable property), 25, 26 or 70 of the Cultural Heritage Protection Act, or protective facilities or protection zones under Article 27 of that Act;
2. Buffer Zone of World Heritage property: A historic and cultural environment conservation area under Article 13 of the Cultural Heritage Protection Act.
(2) Notwithstanding paragraph (1), if any heritage governed by a statute other than the Cultural Heritage Protection Act is inscribed on the World Heritage List, the provisions of such statute shall apply.
 Article 12 (Formulation of Comprehensive Plan)
(1) The Administrator of the Cultural Heritage Administration shall, every five years, formulate a comprehensive plan for the conservation, management and utilization of World Heritage (hereinafter referred to as “comprehensive plan”).
(2) A comprehensive plan shall include the following information:
1. Basic directions and objectives for the conservation, management and utilization of World Heritage;
2. Designation, change, or revocation of designation of World Heritage Zones under Article 10;
3. Promotion of international cooperation and inter-Korean exchange and cooperation relating to World Heritage;
4. Funding sources for the conservation, management and utilization of World Heritage;
5. Digitization of records on World Heritage;
6. Other matters necessary for the conservation, management and utilization of World Heritage.
(3) The Administrator of the Cultural Heritage Administration shall consult with the relevant central administrative agencies and the relevant Mayor/Do Governor to formulate or amend a comprehensive plan.
(4) When the Administrator of the Cultural Heritage Administration has formulated or amended a comprehensive plan, he or she shall notify the relevant central administrative agencies and the relevant Mayor/Do Governor of such formulation or amendment, and publish the notice thereof in the Official Gazette.
(5) Other matters necessary for the formulation of a comprehensive plan shall be prescribed by Presidential Decree.
 Article 13 (Formulation and Implementation of Implementation Plan for Each Word Heritage Property)
(1) The Administrator of the Cultural Heritage Administration or the relevant Mayor/Do Governor shall, every five years, formulate an implementation plan (hereinafter referred to as “implementation plan”) for each World Heritage property that reflects the contents of the comprehensive plan and nominations for the World Heritage property located in his or her jurisdiction.
(2) When the Mayor/Do Governor has formulated or reviewed an implementation plan, he or she shall obtain the approval of the Administrator of the Cultural Heritage Administration and publish such plan.
(3) In order to grant the approval for an implementation plan under paragraph (2), the Administrator of the Cultural Heritage Administration shall undergo deliberation thereon by the Cultural Heritage Committee after consulting with the heads of the relevant central administrative agencies. In such cases, the head of an agency in receipt of such request for consultation shall present its opinion within 30 days from the date on which such request is received.
(4) In the event that any World Heritage comprises a contiguous area in two or more Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces (hereinafter referred to as “Cities/Dos”), the relevant Mayors/Do Governors shall jointly formulate the implementation plan or determine the person to establish such plan through mutual consultation. If no agreement is reached by such consultation, the Administrator of the Cultural Heritage Administration shall designate a person to formulate the implementation plan.
(5) An implementation plan shall be formulated within two years from the date on which the relevant property is inscribed on the World Heritage List.
(6) An implementation plan shall include the following information:
1. Basic directions and objectives for the conservation, management and utilization of the relevant World Heritage;
2. Projects to be undertaken for the conservation and management of the relevant World Heritage;
3. Plans for resident participation in the World Heritage Zone designated under Article 10;
4. Measures for tourist promotion for the World Heritage Zone designated under Article 10;
5. Improvement of the quality of life for residents by supporting community activities in the World Heritage Zone designated under Article 10;
6. Promotion of education and public relations relating to the relevant World Heritage;
7. Enhancement of cooperation among institutions and organizations relating to the relevant World Heritage;
8. Funding sources for the conservation, management and utilization of the relevant World Heritage;
9. Other matters for the conservation, management and utilization of the relevant World Heritage, and support for residents.
(7) Other matters necessary to formulate and implement an implementation plan shall be prescribed by Presidential Decree.
 Article 14 (Establishment and Implementation of Annual Project Plan)
(1) The Administrator of the Cultural Heritage Administration or the relevant Mayor/Do Governor shall establish and implement an annual project plan (hereinafter referred to as “project plan”) for the purpose of efficiently promoting the projects for conservation, management and utilization of World Heritage as described in an implementation plan (hereinafter referred to as “preservation, management and utilization projects”).
(2) When the Mayor/Do Governor has established a project plan or completed its implementation, he or she shall submit the results thereof to the Administrator of the Cultural Heritage Administration.
(3) When the Administrator of the Cultural Heritage Administration or the Mayor/Do Governor has established a project plan, he or she shall publish such plan.
(4) Other matters necessary for the establishment and implementation of project plans shall be prescribed by Presidential Decree.
 Article 15 (Basic Investigations of World Heritage)
(1) The Administrator of the Cultural Heritage Administration or the relevant Mayor/Do Governor may conduct a basic investigation of the following matters:
1. Appropriateness of the Tentative List and the inscription of properties on the World Heritage List;
2. Designation or change of World Heritage Zones under Article 10;
3. Formulation of and adjustments to comprehensive plans and implementation plans.
(2) The details and method of investigations under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 16 (Regular Inspections)
(1) The relevant Mayor/Do Governor shall conduct regular inspections of the status of conservation, management and utilization of World Heritage on a yearly basis. In such cases, the Mayor/Do Governor shall submit the results of the regular inspections to the Administrator of the Cultural Heritage Administration.
(2) The Administrator of the Cultural Heritage Administration or the relevant Mayor/Do Governor shall analyze and assess the results of the inspections under paragraph (1), and reflect the results in the policies for conservation, management and utilization of World Heritage.
(3) The inspections under paragraph (1) shall include matters related to the fulfillment of the obligation of periodic reporting stipulated by the World Heritage Convention, and matters necessary for the method and procedure, etc. for such inspections shall be prescribed by Presidential Decree.
 Article 17 (Establishment and Operation of World Heritage Information System)
(1) The Administrator of the Cultural Heritage Administration shall create a database comprising data on inscription and inspections obtained under Articles 9 through 16, and establish and operate a world heritage information system with such database.
(2) For the establishment of the world heritage information system under paragraph (1), the Administrator of the Cultural Heritage Administration may request that the heads of relevant central administrative agencies and local governments, and the heads of museums, research institutes, and other related corporations and organizations, submit necessary data. In such cases, any person in receipt of such request shall comply therewith except in extenuating circumstances.
 Article 18 (Creation and Operation of World Heritage Conservation Consultative Council)
(1) The Administrator of the Cultural Heritage Administration or the relevant Mayor/Do Governor may create and operate a world heritage conservation consultative council (hereinafter referred to as “consultative council”) for each World Heritage property, to hold consultations on the following matters:
1. Matters on the formulation and review of implementation plans;
2. Matters on the establishment and implementation of project plans for the conservation, management and utilization projects;
3. Matters on the designation, change, or revocation of designation of World Heritage Zones under Article 10;
4. Other matters prescribed by Presidential Decree as necessary for the conservation, management and utilization of World Heritage.
(2) A consultative council shall consist of 10 or less members including one chairperson, who are commissioned or appointed from among the following persons:
1. A representative of residents of the municipality concerned;
2. A person engaged in the field of architecture, urban planning, tourism, or environment, who is an expert with much knowledge and experience in World Heritage;
3. A public official of the relevant central administrative agency or local government.
(3) The head of a Si/Gun/Gu may, at his or her own discretion, create and operate a regional council of the consultative council for the relevant World Heritage.
(4) Other matters necessary for the creation and operation of a Consultative Council shall be prescribed by Presidential Decree.
 Article 18-2 (Establishment of International Center for the Interpretation and Presentation of UNESCO World Heritage Sites)
(1) There shall be established an International Center for the Interpretation and Presentation of UNESCO World Heritage Sites (hereinafter referred to as the “UNESCO World Heritage International Center”) for the purpose of promoting international cooperation in the field of World Heritage interpretation and enhancing public understanding of and access to World Heritage, based on the World Heritage Convention.
(2) The UNESCO World Heritage International Center shall be a corporation.
(3) The UNESCO World Heritage International Center shall undertake the following projects:
1. Research on comprehensive interpretation frameworks for interpretation and presentation of World Heritage, including principles, policies and guidelines;
2. Development and operation of capacity-building programs for interpretation and presentation of World Heritage;
3. Establishment of information systems and technical capabilities that serve as the basis for interpretation and presentation of World Heritage;
4. Promotion of international exchange and cooperation and establishment of networks;
5. Creation and dissemination of materials and other publications regarding interpretation and presentation of World Heritage;
6. Other projects necessary to achieve the purposes of establishing the UNESCO World Heritage International Center.
(4) The UNESCO World Heritage International Center shall have executives and necessary employees as stipulated by its articles of incorporation.
(5) Except as provided for in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the UNESCO World Heritage International Center.
(6) The State may subsidize expenses to be incurred in operating the UNESCO World Heritage International Center, within budgetary limits.
(7) Notwithstanding the Public Property and Commodity Management Act, local governments may allow the UNESCO World Heritage International Center to use and benefit from public property without consideration, where deemed necessary for its performance of functions.
(8) Notwithstanding the Act on Collection and Use of Donations, the UNESCO World Heritage International Center may accept voluntary donations to the extent compatible with the purposes of its projects, where deemed necessary for undertaking the projects described in the subparagraphs of paragraph (3).
[This Article Newly Inserted on Dec. 8, 2020]
 Article 19 (Seeking Opinions from Residents)
(1) The Administrator of the Cultural Heritage Administration or the relevant Mayor/Do Governor shall seek opinions from the residents of the municipality concerned, relevant experts, etc. on the matters listed in the subparagraphs of Article 15 (1).
(2) Matters necessary for seeking opinions under paragraph (1) shall be prescribed by Presidential Decree.
 Article 20 (Management of World Heritage by the State)
(1) In any of the following cases, the Administrator of the Cultural Heritage Administration may directly manage the relevant heritage following deliberation by the Cultural Heritage Committee, to ensure the systematic conservation and management of World Heritage:
1. Where the relevant local government requests direct management by the State;
2. Where the World Heritage comprises a contiguous area in two or more Cities/Dos, and thus requires consistent management by the State;
3. Where maintenance of the World Heritage status is determined to be in danger, such as significant loss of value of the World Heritage property due to the negligence of the relevant local government.
(2) Necessary matters for direct management under paragraph (1), such as methods and procedures, shall be prescribed by Presidential Decree.
 Article 21 (Cooperation from Relevant Agencies)
The Administrator of the Cultural Heritage Administration may request cooperation from the heads of relevant central administrative agencies, the Mayor/Do Governor, or the head of a Si/Gun/Gu, if necessary to achieve the purposes of this Act. In such cases, any person in receipt of such request shall comply therewith except in extenuating circumstances.
 Article 22 (Financial Support)
The State may, within budgetary limits, fully or partially subsidize expenses to be incurred in undertaking the following projects to local governments or related organizations:
1. Conservation, management and utilization projects;
2. Preparation and maintenance of records relating to World Heritage, and regular inspections thereof;
3. Operation of a consultative council;
4. Research and promotion activities relating to the inscription of the Tentative List properties on the World Heritage List;
5. Academic research, study, technology development, and domestic and international exchange activities relating to the inscription, conservation, management and utilization of World Heritage;
6. Other projects prescribed by Presidential Decree for the conservation, management and utilization of World Heritage at home and abroad.
 Article 23 (Delegation and Entrustment of Authority)
(1) The Administrator of the Cultural Heritage Administration may partially delegate his or her authority under this Act to the head of a relevant central administrative agency, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Mayor/Do Governor may partially delegate his or her authority under this Act to the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree.
(3) The Administrator of the Cultural Heritage Administration or the Mayor/Do Governor may partially entrust his or her authority under this Act to an institution, corporation, organization, etc. established for the purpose of protection, conservation, proliferation or utilization of cultural heritage, as prescribed by Presidential Decree.
ADDENDA <Act No. 16932, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Formulation of Implementation Plan)
If any property is inscribed on the World Heritage List before this Act enters into force, the relevant implementation plan shall be formulated within two years from the date on which the comprehensive plan is publicly notified.
Article 3 Omitted.
ADDENDA <Act No. 17587, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on February 5, 2021.
Article 2 (Preparatory Activities for Establishment of the UNESCO World Heritage International Center)
(1) The Administrator of the Cultural Heritage Administration shall commission seven or less promoters to handle administrative affairs relating to the establishment of the UNESCO World Heritage International Center, within 30 days from the date of promulgation of this Act.
(2) The promoters shall prepare the articles of incorporation of the UNESCO World Heritage Center and obtain authorization from the Administrator of the Cultural Heritage Administration, and then register its incorporation without delay.
(3) Upon completing registration for the incorporation of the UNESCO World Heritage Center, the promoters shall transfer the administrative affairs to the chief director of the UNESCO World Heritage International Center, without delay.
(4) The promoters shall be deemed decommissioned upon completion of the transfer of the administrative affairs under paragraph (3).