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SPECIAL ACT ON THE MAINTENANCE OF HISTORICAL AND CULTURAL ZONES

Act No. 17412, jun. 9, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to study, investigate, discover, and restore Korea's ancient historical and cultural zones and cultural heritage of each cultural zone to reveal and expose their historical values, and encourage global interest in their values and promote regional development by systematically maintaining and improving them.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term “historical and cultural zone” means any of the following zones that has created and developed its own identity through the production and accumulation of historically important tangible and intangible cultural heritage, which has been revealed through current literature records, ruins, and relics:
(a) Goguryeo Historical and Cultural Zone: An area where ruins and relics from the Goguryeo period are distributed around the Seoul, Gyeonggi, and Chungbuk regions;
(b) Baekje Historical and Cultural Zone: An area where ruins and relics from the Baekje period are distributed around the Seoul, Gyeonggi, Chungcheong, and Jeonbuk regions;
(c) Silla Historical and Cultural Zone: An area where ruins and relics from the Silla and unified Silla periods are distributed around the Gyeongbuk region;
(d) Gaya Historical and Cultural Zone: An area where ruins and relics from the Gaya period are distributed around the Gyeongnam, Gyeongbuk, Busan, Jeonnam, and Jeonbuk regions;
(e) Mahan Historical and Cultural Zone: An area where ruins and relics from the Mahan period are distributed around the Jeonnam region, centering on the River basin;
(f) Tamna Historical and Cultural Zone: An area where ruins and relics from the Tamna period are distributed around the Jeju region;
2. The term “historical and cultural environment” means all the elements constituting a historical and cultural zone, which include the natural environment that serves as the background for the creation and development of the historical and cultural zone, and tangible and intangible cultural heritage that forms its unique identity;
3. The term “historical and cultural zone maintenance project” means a project for investigating, studying, discovering, restoring, preserving, maintaining, and cultivating a historical and cultural environment, thereby contributing to regional development that involves the cultural development of the relevant municipalities and the growth of local economies;
4. The term “historical and cultural zone maintenance district” means a district designated and publicly notified under Article 14 for the purpose of implementing a historical and cultural zone maintenance project.
 Article 3 (Responsibilities of the State)
(1) The State and local governments shall develop and implement policies to ensure the smooth and efficient promotion of historical and cultural zone maintenance projects.
(2) The State and local governments shall make efforts to reinforce ties and cooperation between municipalities through historical and cultural zone maintenance projects.
(3) The State and local governments may provide administrative and financial support to implement historical and cultural zone maintenance projects.
 Article 4 (Relationship to Other Statutes and Plans)
(1) This Act shall prevail over other statutes in regard to the maintenance of historical and cultural zones.
(2) In the formulation of a master plan under this Act or designation of a historical and cultural zone maintenance district under Article 14, plans established under other statutes and regulations shall be fully taken into account, which include a master plan for cultural heritage under Article 6 of the Cultural Heritage Protection Act, a comprehensive national land plan under Article 9 of the Framework Act on the National Land, a five-year balanced national development plan under Article 4 of the Special Act on Balanced National Development, and a regional development plan under Article 7 of the Regional Development Assistance Act; and such master plan or designation shall be in harmony and balance with all those plans.
 Article 5 (Principles of Preserving and Improving Historical and Cultural Zones)
(1) A historical and cultural zone shall be preserved and maintained to achieve sustainability as a space where the past, present and future lives of people are accumulated.
(2) Tangible and intangible cultural heritage of a historical and cultural zone shall be managed in a systematic and scientific way.
(3) Policies for preserving and maintaining historical and cultural zones and historical and cultural environment thereof shall be promoted in accordance with reasonable methods and procedures.
CHAPTER II ESTABLISHMENT AND PROMOTION OF HISTORICAL AND CULTURAL ZONE MAINTENANCE POLICIES
 Article 6 (Historical and Cultural Zone Maintenance Committee)
(1) There shall be established a Historical and Cultural Zone Maintenance Committee (hereinafter referred to as the “Committee”) within the Cultural Heritage Administration for the purpose of deliberating on the following matters and efficiently promoting historical and cultural zone maintenance projects (hereinafter referred to as “maintenance projects”):
1. Matters on major policies and systems pertaining to historical and cultural zones:
2. Matters on determination of a master plan under Article 9;
3. Matters on designation, removal of designation, or change of a maintenance district under Articles 14 and 15;
4. Matters on approval or modification of an implementation plan under Article 17;
5. Matters on designation of a project operator under Article 18;
6. Matters on coordination of opinions with the heads of the relevant administrative agencies and local governments pertaining to the maintenance of historical and cultural zones;
7. Other matters deemed important in relation to maintenance projects.
(2) The Committee shall consist of not more than 30 members including one chairperson and two vice chairpersons, and the chairperson shall be elected among and by its members.
(3) The Committee members shall be appointed or commissioned by the Administrator of the Cultural Heritage Administration from among the following persons:
1. A person with much knowledge and experience in history, culture, cultural properties, urban planning, landscape, regional development, tourism, etc.;
2. A member of the Senior Executive Service nominated by the head of a relevant central administrative agency;
3. A public official of Grade II or III or of a rank equivalent thereto nominated by the head of the metropolitan local government having jurisdiction over a historical and cultural zone.
(4) The term of office of the chairperson and a non-public official member shall be two years, and the term of office of a supplementary member shall be the remaining term of his or her predecessor.
(5) The Committee may have subcommittees for efficiently promoting the functions of the Committee.
(6) The Committee may appoint expert members, if deemed necessary to efficiently support the Committee's functions and conduct professional investigations and research.
(7) Other matters necessary for the composition and operation of the Committee, appointment of expert members, etc. shall be prescribed by Presidential Decree.
 Article 7 (Grounds for Disqualification of Members)
Any of the following persons shall be disqualified as a member of the Committee:
1. A person declared bankrupt and not yet reinstated;
2. A person for whom two years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where such punishment is deemed completely executed) or exempted.
3. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;
4. A person whose qualification is suspended by a court ruling or any statute.
 Article 8 (Basic Investigations)
(1) The Administrator of the Cultural Heritage Administration may conduct a basic investigation on matters necessary to formulate a master plan for the maintenance of historical and cultural zones under Article 9.
(2) Necessary matters regarding detailed procedures and contents of a basic investigation shall be governed by Article 10 of the Cultural Heritage Protection Act.
 Article 9 (Formulation of Master Plan for Maintenance of Historical and Cultural Zones)
(1) The Administrator of the Cultural Heritage Administration shall, every five years, formulate a master plan for the maintenance of historical and cultural zones that includes the following information (hereinafter referred to as “master plan”), after consultations with the heads of the relevant central administrative agencies, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as the “Mayor/Do Governor”) and deliberation by the Committee:
1. Basic directions and objectives for the maintenance of historical and cultural zones;
2. Matters on implementation plans for the maintenance of historical and cultural zones and the promotion thereof under Article 14 (3);
3. Matters on research and investigations of historical and cultural zones and historical and cultural environments;
4. Matters on the designation, removal of designation, or change of a maintenance district under Articles 14 and 15;
5. Matters on projects for enhancing ties and cooperation with municipalities within or near historical and cultural zones;
6. Matters on regional development that involves making historical and cultural zones as tourist destinations;
7. Matters on the publicity of historical and cultural zones and international exchanges in relation thereto;
8. Matters on creating funding sources for the maintenance of historical and cultural zones;
9. Other matters necessary for the maintenance of historical and cultural zones.
(2) Any amendment to a master plan formulated under Article 1 shall be made after consultations with the heads of the relevant central administrative agencies and the Mayor/Do Governor and deliberation by the Committee: Provided, That this shall not apply to any amendment of a minor matter prescribed by Presidential Decree.
(3) Other procedures and methods for formulating a master plan shall be prescribed by Presidential Decree.
 Article 10 (Public Notice of Master Plan)
The Administrator of the Cultural Heritage Administration shall give public notice of a master plan formulated under Article 9 as prescribed by Presidential Decree, and notify the heads of the relevant administrative agencies and the Mayor/Do Governor thereof.
 Article 11 (Excavation of Buried Cultural Heritage within Historical and Cultural Zones)
The Administrator of the Cultural Heritage Administration may, pursuant to a master plan, excavate an area where excavation is deemed required for research of historical and cultural zones, and the discovery, restoration, and systematic maintenance of cultural heritage, in accordance with Article 13 of the Act on Protection and Inspection of Buried Cultural Heritage. In such cases, the State and local governments may subsidize expenses incurred in excavating buried cultural heritage within the budget.
 Article 12 (Preservation Measures for Excavated Buried Cultural Heritage)
The Administrator of the Cultural Heritage Administration shall take preservation measures for the cultural heritage of great historical, artistic or academic value, among the excavated buried cultural heritages, in accordance with Article 14 of the Act on Protection and Inspection of Buried Cultural Heritage.
 Article 13 (Restoration of Cultural Heritage)
The Administrator of the Cultural Heritage Administration may restore cultural heritage of great historical, artistic or academic value after deliberation by the Cultural Heritage Committee established under Article 8 of the Cultural Heritage Protection Act, for the purpose of preserving the historical and cultural environment of a historical and cultural zone.
CHAPTER III IMPLEMENTATION OF MAINTENANCE OF HISTORICAL AND CULTURAL ZONES
 Article 14 (Designation of Historical and Cultural Zone Maintenance Districts)
(1) The Administrator of the Cultural Heritage Administration may, upon request by the head of a Si/Gun/Gu, designate a historical and cultural zone maintenance district (hereinafter referred to as “maintenance district”) for the implementation of a maintenance project included in a master plan after consultations with the heads of the relevant central administrative agencies and deliberation by the Committee. The same shall also apply to any change (excluding any change of a minor matter prescribed by Presidential Decree) of the designation of a maintenance district.
(2) The period for consultation under paragraph (1) shall be 20 days, which may be extended only once for up to 10 additional days. In such cases, if no opinion is expressed within that period, the consultation shall be deemed made: Provided, That the consultation period for a strategic environmental impact assessment shall conform to the Environmental Impact Assessment Act.
(3) When the head of a Si/Gun/Gu intends to request the designation of a maintenance district under paragraph (1), he or she shall prepare an implementation plan for the maintenance of a historical and cultural zone (hereinafter referred to as “implementation plan”) and submit it to the Administrator of the Cultural Heritage Administration after review by the competent Mayor/Do Governor.
(4) The head of a Si/Gun/Gu may file a request for designation of a maintenance district under paragraph (1) based on a proposal made by a person described in any provision of Article 19 (1) 2 through 6 of the Regional Development Assistance Act. In such cases, any person proposing the designation of a maintenance district shall submit documents prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(5) When the head of a Si/Gun/Gu requests the designation of a maintenance district or any change thereof under paragraph (1), he or she shall seek sufficient opinions from the residents and other interested parties in advance, as prescribed by Presidential Decree: Provided, That this shall not apply to any change of a minor matter prescribed by Presidential Decree.
(6) If the Administrator of the Cultural Heritage Administration designates or makes changes to a maintenance district under paragraph (1), he or she shall give public notice of such fact as prescribed by Presidential Decree, and notify the heads of the relevant administrative agencies and local governments thereof. When the maintenance district is designated and publicly notified, the topographic drawing, etc. under Article 8 of the Framework Act on the Regulation of Land Use shall be published.
(7) Other matters necessary for the designation, etc. of maintenance districts shall be prescribed by Presidential Decree.
 Article 15 (Removal of Designation of Maintenance Districts)
(1) If a maintenance district designated under Article 14 falls under any of the following cases, the designation of the maintenance district may be removed after deliberation by the Committee: Provided, That in the case of subparagraph 4, the deliberation process may not be required:
1. If the application for approval of the action plan under Article 20 fails to be made until three years have passed from the date of the establishment and public notice of the implementation plan;
2. If any construction or project fails to be commenced until two years have passed from the date of the approval and public notice of the action plan under Article 20;
3. If it is deemed that the purpose of designation of the maintenance project cannot be achieved;
4. If the completed construction work of the maintenance project is publicly announced.
(2) If the designation of a maintenance district is removed under paragraph (1) 1 through 3, the approvals, determinations, etc. set forth in the subparagraphs of Article 17 (6) and permission, etc. under Article 21 shall be deemed reinstated to the state prior to the designation or abolished, respectively.
(3) If the designation of a maintenance district is removed under paragraph (1), the Administrator of the Cultural Heritage Administration shall give public notice of such removal and notify the heads of the relevant administrative agencies thereof, as prescribed by Presidential Decree.
 Article 16 (Restrictions on Acts)
(1) A person who intends to engage in any of the following acts in a maintenance district shall obtain permission from the Special Self-Governing City Mayor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. The same shall also apply to any modification of a permitted matter:
1. Construction, alteration, extension, relocation, or change of use of a building or facility;
2. Development of housing sites, reclamation of land, or change of form and quality of land;
3. An act of planting or cutting trees, or collecting or piling up of soil and rocks;
4. Construction, expansion, or pavement of a road;
5. Other acts prescribed by Presidential Decree that affect or are likely to affect the maintenance district.
(2) Notwithstanding paragraph (1), the Cultural Heritage Protection Act shall apply with regard to permission for an act specified in the subparagraphs of paragraph (1) to be engaged in the same area on which any designated cultural heritage, its protection zone, protective facility, or historic and cultural environment defined in Article 2 of the Cultural Heritage Protection Act, any registered cultural heritage defined in Article 2 of that Act, or any provisionally designated cultural heritage defined in Article 32 of that Act is located within a maintenance district.
(3) A person who has initiated any construction or project for an act requiring permission under paragraph (1), for which permission has already been obtained in accordance with applicable statutes or regulations at the time of designation and public notice of the maintenance district, or for an act not requiring permission, may continue to implement such construction or project after reporting to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
 Article 17 (Approval of Implementation Plan)
(1) The head of a Si/Gun/Gu shall prepare an implementation plan and obtain approval from the Administrator of the Cultural Heritage Administration after review by the competent Mayor/Do Governor; and the Administrator of the Cultural Heritage Administration shall approve such implementation plan after consultations with the heads of the relevant central administrative agencies and deliberation by the Committee. The same shall also apply to any modification (excluding any modification of a minor matter prescribed by Presidential Decree) of an approved implementation plan.
(2) An implementation plan shall include the following information:
1. Name, location and area of the maintenance district;
2. The purpose of designation of the maintenance district, the contents of the maintenance project, and the implementation period;
3. The operator and implementation method of the maintenance project;
4. Matters on the use and connection of the results of research, investigation, excavation, and restoration of the historical and cultural zone and its historical and cultural environment;
5. Matters on ties and cooperation between relevant local governments within the maintenance district;
6. An environmental conservation plan and a pollution prevention plan;
7. Plans for accommodation of population, traffic handling, and land use;
8. A plan for installation of major infrastructure such as roads and water supply and sewerage systems;
9. A financing plan and an annual investment plan;
10. A compensation plan and matters on the supply of land for the project;
11. If infrastructure is to be installed in an area outside the maintenance district, a plan for covering the expenses incurred in the installation of such infrastructure;
12. Matters on the feasibility of the maintenance project;
13. Other matters prescribed by Presidential Decree.
(3) The period for consultation under paragraph (1) shall be 20 days, which may be extended only once for up to 10 additional days. In such cases, if no opinion is expressed within that period, the consultation shall be deemed made.
(4) If the Administrator of the Cultural Heritage Administration approves or makes changes to an implementation plan under paragraph (1), he or she shall give public notice of such fact as prescribed by Presidential Decree, and notify the heads of the relevant administrative agencies and local governments thereof.
(5) The Administrator of the Cultural Heritage Administration may require the head of a Si/Gun/Gu who has prepared an implementation plan under paragraph (1) to submit a verification report on the necessity and appropriateness of such plan, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(6) When an implementation plan is approved or publicly notified, or a maintenance district is designated or publicly notified, the following approvals, determinations, designations, establishment, etc. (hereinafter referred to as “approvals, determinations, etc.”) shall be deemed made on the date of such public notice, in regard to matters consulted on with the heads of the relevant central administrative agencies in advance:
1. Determination by an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act to alter and cancel a fishery-resource protection zone under Article 40 of that Act;
2. Determination by an urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act to designate a district-unit planning zone under Article 51 of that Act;
3. Designation of tourist destinations and tourism complexes under Article 52 of the Tourism Promotion Act;
4. Formulation and amendment of a master plan on marine space under Article 5 of the Act on Marine Spatial Planning and Management, and formulation and modification of a marine spatial management plan under Article 7 of that Act;
5. Formulation and change of a master plan for reclamation of public waters under Articles 22 and 27 of the Public Waters Management and Reclamation Act;
6. Formulation of a project plan under Article 6 of the Islands Development Promotion Act, and finalization of a project plan under Article 7 of that Act;
7. Designation of an urban development zone under Article 3 of the Urban Development Act, and preparation of an urban development project plan under Article 4 of that Act;
8. Designation of a general logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities;
9. Designation of a national industrial complex, general industrial complex, urban high-tech industrial complex and an agricultural and industrial complex under Articles 6, 7, 7-2 and 8 of the Industrial Sites and Development Act;
10. Formulation, modification, and approval of a comprehensive plan for maintaining small rivers, etc. under Article 6 of the Small River Maintenance Act;
11. Establishment and modification of a basic river plan under Article 25 of the River Act;
12. Formulation and modification of a basic plan for waterworks installation and management under Article 4 of the Water Supply and Waterworks Installation Act;
13. Establishment and modification of a framework plan for sewerage maintenance under Articles 5 and 6 of the Sewerage Act;
14. Designation of a housing site development zone under Article 3 of the Housing Site Development Promotion Act, and formulation of a housing site development plan under Article 8 of that Act;
15. Formulation of a regional development plan under Article 7 of the Regional Development Assistance Act, and designation of a regional development project zone under Article 11 of that Act;
16. Establishment of a strategic plan for urban regeneration under Article 12 of the Special Act on Promotion of and Support for Urban Regeneration, and establishment of an urban regeneration revitalization plan under Article 19 of that Act.
(7) Other details and procedures necessary for approval or modification of an implementation plan shall be prescribed by Presidential Decree.
 Article 18 (Project Operators)
(1) A project operator who is authorized to implement a maintenance project (hereinafter referred to as “operator”) shall be as follows:
1. The State;
2. A local government;
3. A public institution prescribed by Presidential Decree, among public institutions set forth in Article 4 of the Act on the Management of Public Institutions;
4. Any other entity prescribed by Presidential Decree.
(2) Matters necessary for the designation and cancellation of designation of an operator under paragraph (1) shall be prescribed by Presidential Decree.
 Article 19 (Entrustment of Implementation of Maintenance Projects)
(1) An operator may entrust the following functions to a State agency for the purpose of efficient promotion of a maintenance project:
1. Excavation, investigation and research of State-designated cultural heritage;
2. Repair, restoration and maintenance of State-designated cultural heritage;
3. Other functions deemed necessary by the Administrator of the Cultural Heritage Administration to implement a maintenance project.
(2) Any costs incurred in entrusting the implementation of a maintenance project under paragraph (1) shall be borne by the operator, but the State may partially subsidize such costs.
(3) Other matters necessary for entrusting the implementation of a maintenance project shall be prescribed by Presidential Decree.
 Article 20 (Approval of Action Plan)
(1) An operator shall prepare an action plan that includes the following information (hereinafter referred to as “action plan”) and obtain approval from the head of a Si/Gun/Gu: Provided, That if the operator is the State, he or she shall seek opinions from the Mayor/Do Governor. The same shall also apply to any modification (excluding any modification of a minor matter prescribed by Presidential Decree) of an approved action plan:
1. The name of the operator (in the case of a corporation, the name of the corporation and the name of its representative) and address;
2. The name and purpose of the project, the location and area of ??the project site, and the project period;
3. True position of the project site;
4. Draft floor drawings and schematic drawings and specifications;
5. Plans for using and disposing of developed land, etc.;
6. An annual funding plan and a financing plan;
7. Other matters prescribed by Presidential Decree.
(2) When the Mayor/ Do Governor approves an action plan or when the State confirms an action plan after seeking opinions from the Mayor/Do Governor, they shall hold consultations with the heads of the relevant administrative agencies in advance; when the action plan is approved or confirmed, it shall be published as prescribed by Presidential Decree and notified to the heads of the relevant administrative agencies and local governments.
(3) Other details and procedures necessary for the approval of an action plan shall be prescribed by Presidential Decree.
 Article 21 (Legal Fiction of Permissions)
(1) When the Mayor/Do Governor grants approval of an action plan or approval for modification thereof or the head of a central administrative agency prepares an action plan in accordance with Article 20, the permissions, approvals, reviews, authorizations, reports, licenses, registrations, consultations, designations, removals, or other dispositions, etc. set forth in the attached Table (hereinafter referred to as “permissions, etc.”) in regard to the action plan shall be deemed made or obtained, for the matters consulted on with the heads of the relevant central administrative agencies in accordance with paragraph (3); when the action plan is publicly notified under Article 20 (2), public notice or announcement of permissions, etc. under applicable statutes shall be deemed made.
(2) A person who intends to use the legal fiction of permissions, etc. shall submit the relevant documents prescribed by applicable statutes, when applying for approval or approval for modification of the action plan.
(3) When the Mayor/Do Governor approves an action plan or the head of a central administrative agency prepares an action plan, if such plan includes any matter described in the subparagraphs of the attached Table, he or she shall hold consultations with the heads of the relevant administrative agencies in advance. In such cases, the heads of the relevant administrative agencies shall present their opinions within 30 days from the date of receipt of the request for consultation, and if no opinion is expressed within that period, the consultation shall be deemed made.
(4) When the Mayor/Do Governor approves an action plan or the head of a central administrative agency prepares an action plan, he or she may hold a consultative council meeting for creating a legal fiction for authorizations and permissions with the relevant administrative agencies, to handle such permissions, etc.
(5) The composition, functions, operation, and other necessary matters regarding the consultative council for creating a legal fiction for authorizations and permissions under paragraph (4), shall be prescribed by Presidential Decree.
(6) Where permissions, etc. under other statutes are deemed obtained under paragraph (1), license taxes or fees levied in accordance with the relevant statutes and regulations shall be exempted.
 Article 22 (Revocation of Designation)
(1) If an operator falls within any of the following cases, the Administrator of the Cultural Heritage Administration or the Mayor/Do Governor may revoke the approval, permission or designation granted under this Act or suspend the effectiveness thereof, suspend or change the relevant works, alter or relocate a building, etc., or impose any other necessary action or order:
1. If the operator obtains the authorization, approval, permission or designation under this Act by fraud or other improper means;
2. If the operator fails to obtain approval of the action plan or implements the maintenance project differently from the approved plan;
3. If it is acknowledged that the implementation of the maintenance project cannot be continued due to a change in circumstances, or it is likely to cause serious harm to the public interest;
4. Other cases where the operator conducts construction work of the maintenance project in violation of the procedures provided for in this Act.
(2) When the Administrator of the Cultural Heritage Administration or the Mayor/Do Governor has imposed an action or order in accordance with paragraph (1), he or she shall give public notice of the fact, as prescribed by Presidential Decree.
 Article 23 (Application Mutatis Mutandis of the Regional Development Assistance Act)
Except as otherwise provided in this Act, the provisions on implementation of regional development projects in Section 4 of Chapter II of the Regional Development Assistance Act shall apply mutatis mutandis to the implementation of a maintenance project, etc.
CHAPTER IV SUPPORT FOR PRESERVATION AND MAINTENANCE OF HISTORICAL AND CULTURAL ZONES AND LAYING GROUNDWORK THEREFOR
 Article 24 (Project Expenses)
(1) The State or a local government may fully or partially subsidize the expenses incurred in implementing a maintenance project, within the budget.
(2) Necessary matters regarding the targets and scope of funding under paragraph (1) shall be prescribed by Presidential Decree.
 Article 25 (Creation of Special Accounts)
(1) The Mayor/Do Governor or the head of a Si/Gun/Gu may create a special account for historical and cultural zones (hereinafter referred to as “special account”) under a local government for the preservation and maintenance of the historical and cultural environments.
(2) A special account shall be funded by the following sources:
1. Transfers from general accounts and other special accounts;
2. Government subsidies;
3. Contributions from the State and local governments;
4. Contributions by individuals, associations, corporations, and other organizations;
5. Carry-overs from the previous year;
6. Borrowings;
7. Other income prescribed by Presidential Decree.
(3) A special account shall be used for the following purposes:
1. Expenditures according to a master plan and an implementation plan;
2. Expenditures relating to maintenance projects;
3. Costs of investigation and research for the formulation of plans and development of systems related to historical and cultural zones;
4. Redemptions and interest on borrowings;
5. Support for management and operation of the special account;
6. Support for other projects prescribed by Presidential Decree.
(4) Matters necessary for the creation, operation, and management of a special account shall be prescribed by ordinance of the local government concerned, in accordance with the standards prescribed by Presidential Decree.
 Article 26 (Reinvestment of Development Gains)
(1) An operator engaged in the implementation of two or more maintenance projects may reinvest all or part of the development gains accruing from the maintenance projects (referring to the development gains that exclude development charges imposed under Article 3 of the Restitution of Development Gains Act) in other maintenance projects.
(2) An operator who intends to reinvest the gains in accordance with paragraph (1) shall take necessary measures, such as separate accounting for the generated development gains, to ensure a flawless execution of such reinvestment.
(3) The targets and scope of reinvestment of development gains under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree.
 Article 27 (Establishment of Historical and Cultural Zone Research Foundations)
(1) A local government may establish a historical and cultural zone research foundation (hereinafter referred to as “foundation”) to systematically perform various activities relating to the development of historical and cultural environments and to ensure the continuity thereof.
(2) Each foundation shall be a corporation, and shall be established by registering its establishment at the location of its main office.
(3) A local government may fully or partially contribute or subsidize the expenses necessary for the projects and operations of the foundation.
(4) Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to each foundation.
(5) A foundation shall perform the following projects:
1. Research on policies relating to the historical and cultural zone;
2. Development and operation of history, culture and tourism programs for the historical and cultural zone;
3. Matters related to investigation and research of the historical and cultural zone, and collection, preservation and exhibition of related materials;
4. Matters concerning cooperation with residents of the historical and cultural zone;
5. Matters related to domestic and international publicity and exchange for the historical and cultural zone;
6. Other projects necessary to achieve the purposes of the foundation.
(6) Other matters necessary for the establishment, constitution, and operation of foundations shall be prescribed by Presidential Decree.
 Article 28 (Development of Professional Personnel)
(1) The State and local governments may develop professional personnel to conduct research on historical and cultural zones and to undertake excavation, preservation, management, utilization, etc. of cultural heritage.
(2) The State and local governments may provide scholarships, if deemed necessary for developing professional personnel under paragraph (1).
(3) Article 16 (3) through (6) of the Cultural Heritage Protection Act shall apply mutatis mutandis to the payment of scholarships, confirmation of relevant achievements, and the suspension of payment or return of scholarships under paragraph (2).
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 29 (Reporting and Examination)
(1) If deemed necessary to enforce this Act, the Administrator of the Cultural Heritage Administration, the Mayor/Do Governor, or the head of a Si/Gun/Gu may require an operator to file a necessary report or to submit data, and have their subordinate public officials enter the office, business place, or other necessary places of the operator to examine the affairs relating to a maintenance project.
(2) A public official engaged in the examination of the affairs relating to a maintenance project under paragraph (1) shall carry a certificate indicating his or her authority and show it to the relevant persons.
(3) Necessary matters regarding a certificate under paragraph (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 30 (Hearings)
The Administrator of the Cultural Heritage Administration or the Mayor/Do Governor shall hold a hearing, if he or she intends to revoke any approval, permission, or designation granted under this Act.
 Article 31 (Delegation or Entrustment of Authority)
The Administrator of the Cultural Heritage Administration or the Mayor/Do Governor may delegate or entrust part of the authority vested in him or her under this Act to the head of the local government having jurisdiction over the relevant municipality, or to an operator, as prescribed by Presidential Decree.
 Article 32 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Any non-public official member of the Committee who performs the duties under this Act shall be deemed a public official in applying the penalty provisions of Articles 129 through 132 of the Criminal Act.
CHAPTER VI PENALTY PROVISIONS
 Article 33 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who engages in an act specified in Article 16 (1) without obtaining permission or modification permission under that paragraph;
2. A person who implements a maintenance project without obtaining designation as an operator under Article 18;
3. A person who obtains approval or modification approval of an action plan under Article 20 by fraud or other improper means, or implements a maintenance project without obtaining approval of an action plan under that Article.
 Article 34 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Article 33 in performing the duties of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply if the relevant corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violations.
 Article 35 (Administrative Fines)
(1) Either of the following persons shall be subject to an administrative fine of not more than 10 million won:
1. A person who fails to comply with an action or order imposed by the Administrator of the Cultural Heritage Administration or the Mayor/Do Governor under Article 22 (1);
2. A person who refuses, obstructs, or evades reporting and examination under Article 29.
(2) The administrative fines under paragraph (1) shall be imposed and collected by the Administrator of the Cultural Heritage Administration, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA <Act No. 17412, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.