ACT ON PROTECTION AND INSPECTION OF BURIED CULTURAL HERITAGE
Act No. 10001, Feb. 4, 2010
Amended by Act No. 10882, Jul. 21, 2011
Act No. 12350, Jan. 28, 2014
Act No. 12692, May 28, 2014
Act No. 14639, Mar. 21, 2017
Act No. 14605, Mar. 21, 2017
Act No. 15172, Dec. 12, 2017
Act No. 16055, Dec. 24, 2018
Act No. 16596, Nov. 26, 2019
Act No. 16592, Nov. 26, 2019
Act No. 17582, Dec. 8, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to maintain and accede to the original form of national culture by preserving buried cultural heritage and to efficiently protect, inspect and manage buried cultural heritage.
The term "buried cultural heritage” in this Act means the following:
| 1. | Tangible cultural heritage buried or distributed underground or underwater; |
| 2. | Tangible cultural heritage contained in the structures, etc.; |
| 3. | Natural caves and fossils formed and deposited on the ground surface, underground or underwater (including seas, lakes and rivers), etc. and other objects deemed to have outstanding geological values under Presidential Decree. |
| Article 3 (Scope of Tangible Cultural Heritage Buried or Distributed Underwater) |
The term "tangible cultural heritage buried or distributed underwater" in subparagraph 1 of Article 2 means those under any of the following subparagraphs: <Amended on Mar. 21, 2017> | 2. | Tangible cultural heritage originated from the Republic of Korea, which exists in open seas. |
| Article 4 (Protection of Areas of Buried Cultural Heritage) |
An area in which buried cultural heritage is recognized to exist, as prescribed by Presidential Decree (hereinafter referred to as "area of buried cultural heritage") shall be protected so that the original form is not to be damaged, and no one shall inspect or excavate an area of buried cultural heritage unless the inspection or excavation conforms to this Act.
| Article 5 (Responsibility of Persons Planning or Implementing Development Projects) |
| (1) | A person who intends to plan and implement a development project, such as the State, local governments, etc., shall ensure no damage to buried cultural heritage. |
| (2) | If the implementer of a development project prescribed in paragraph (1) finds buried cultural heritage while implementing a construction work, he/she shall immediately cease the relevant construction work. |
CHAPTER II GROUND SURFACE INSPECTION FOR CULTURAL HERITAGE
| Article 6 (Ground Surface Inspection for Cultural Heritage) |
| (1) | The implementer of construction works prescribed by Presidential Decree, depending on the scale of construction work, shall conduct an inspection of the ground surface (hereinafter referred to as "ground surface inspection") in order to verify whether cultural heritage is buried and distributed in the construction area. |
| (2) | The timing to conduct a ground surface inspection shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 7 (Procedures, etc. for Ground Surface Inspection) |
| (1) | A ground surface inspection shall be conducted by a buried cultural heritage inspection institution prescribed in Article 24 upon a request of the implementer of construction works prescribed in Article 6. |
| (2) | After a ground surface inspection prescribed in paragraph (1) is completed, the implementer of construction works shall submit a report on the result (hereinafter referred to as "ground surface inspection report") to the head of a local government having jurisdiction over the relevant business area and to the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree. |
| (3) | Expenses incurred in ground surface inspections shall be borne by the implementer of the relevant construction works: Provided, That the State or the relevant local government may fully or partially subsidize the cost of any of the construction works specified by Presidential Decree within the budget, taking into consideration the scale, nature, etc. of the project. <Amended on Jan. 28, 2014> |
| (4) | Detailed matters concerning the methods and procedures of ground surface inspections, ground surface inspection reports, etc. shall be determined and publicly notified by the Administrator of the Cultural Heritage Administration. |
| Article 8 (Consultation on Development Projects in Areas of Buried Cultural Heritage) |
| (1) | Any person who intends to conduct a development project prescribed by Presidential Decree in an area of buried cultural heritage as the result of a ground surface inspection shall, consult in advance, with the Administrator of the Cultural Heritage Administration. |
| (2) | Where the Administrator of the Cultural Heritage Administration deems it necessary for the protection of buried cultural heritage after consultation, he/she may order a person who intends to conduct a development project prescribed in paragraph (1) to take necessary measures, as prescribed by Presidential Decree. |
| (3) | Where the head of a local government gives authorization, permission, etc. for a construction work to be performed in an area of buried cultural heritage, he/she shall review the protection measures in advance, as prescribed by Presidential Decree. In such cases, where he/she recognizes it necessary for the protection of buried cultural heritage and its surroundings, he/she need not give authorization, permission, etc. for the relevant construction work. |
[Title Amended on Nov. 26, 2019]
| Article 9 (Directions, etc. of Measures for Preservation of Cultural Heritage Based on Ground Surface Inspection) |
| (1) | Where measures for the preservation of cultural heritage are necessary, the Administrator of the Cultural Heritage Administration who receives a ground surface inspection report as prescribed in Article 7 (2) shall order the implementer of the relevant construction works to take measures necessary for the preservation of cultural heritage, and notify the head of an agency in charge of permitting the relevant construction works thereof. |
| (2) | The implementer of construction works who receives notification prescribed in paragraph (1) shall take measures necessary for the preservation of cultural heritage, and report the result to the head of the agency in charge of permitting the relevant construction works and the Administrator of the Cultural Heritage Administration. |
| (3) | Matters necessary for the details and procedures of measures under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[Title Amended on Nov. 26, 2019]
| Article 10 (Obligation, etc. of Implementers of Construction Works following Preservation Measures) |
| (1) | Where the implementer of construction works is notified of the measures necessary for the preservation of cultural heritage as prescribed in Article 9, he/she shall not perform construction works in the relevant area before such measures are taken. |
| (2) | If the implementer of construction works performs the relevant construction works before the measures are taken, the head of a permitting agency who is notified of the measures necessary for the preservation of cultural heritage as prescribed in Article 9 (1) shall order the implementer to cease the construction works. |
CHAPTER III EXCAVATION AND INSPECTION OF BURIED CULTURAL HERITAGE
| Article 11 (Permit, etc. for Excavation of Buried Cultural Heritage) |
| (1) | An area of buried cultural heritage shall not be excavated: Provided, That in any of the following cases and where the Administrator of the Cultural Heritage Administration grants a permit under Presidential Decree, such area may be excavated: |
| 1. | Where such area is excavated for a research purpose; |
| 2. | Where such area is excavated for a project aimed at maintaining relics; |
| 3. | Where excavation is necessary for civil engineering works, changes in the form and quality of land or other construction works as prescribed by Presidential Decree; |
| 4. | Where there is an urgent need to excavate relics in danger of loss, damage, etc. |
| (2) | Where the Administrator of the Cultural Heritage Administration is to grant an excavation permit as prescribed in the proviso to paragraph (1), he/she may determine the permit details or give directions for necessary matters; and even if the permit is granted, he/she may order to suspend or cease excavation or revoke such permit, as prescribed by Presidential Decree. |
| (3) | Where an area of buried cultural heritage is excavated, expenses therefor shall be borne by a person who is granted a permit to excavate the relevant cultural heritage in the case of paragraph (1) 1, 2 and 4, and by the implementer of the relevant construction works in the case of subparagraph 3 of the same paragraph: Provided, That in the case of excavation expenses incurred in construction works prescribed by Presidential Decree, the State or local governments may give support within budgetary limits. |
| (4) | When a person who obtains an excavation permit pursuant to the proviso of paragraph (1) intends to change any important matter prescribed by Presidential Decree among the permitted matters, he/she shall obtain permission for changes from the Administrator of the Cultural Heritage Administration. <Newly Inserted on Nov. 26, 2019> |
| (5) | Matters necessary for the methods, procedures, etc. for an excavation inspection shall be determined and publicly notified by the Administrator of the Cultural Heritage Administration. <Amended on Nov. 26, 2011> |
| Article 12 (Applications for Excavation Permits) |
| (1) | A person who intends to obtain a permit for excavating buried cultural heritage under Article 11 shall submit an excavation permit application specifying an institution in charge of not only inspecting buried cultural heritage but also carrying out an excavation directly pursuant to Article 24, the representative thereof, the head of an inspection group, and an inspector in charge, etc. along with the required documents, to the head of a local government having jurisdiction over the project area and the Administrator of the Cultural Heritage Administration. |
| (2) | The Administrator of the Cultural Heritage Administration shall notify the applicant of whether to grant a permit, or the grounds of delayed handling within 10 days from the date he/she receives an excavation permit application for buried cultural heritage prescribed in paragraph (1): Provided, That where undergoing deliberation by the Cultural Heritage Committee prescribed in Article 8 of the Cultural Heritage Protection Act, he/she shall notify the applicant of whether to grant a permit, or the grounds of delayed handling within seven days from the date the deliberation ends. <Newly Inserted on Dec. 24, 2018> |
| (3) | Where an inspection institution of which registration is revoked or of which duties are suspended as prescribed in Article 25 (1), and the representative, the head of the inspection group, or the inspector in charge thereof directly connected therewith is included in an application submitted as prescribed in paragraph (1), the Administrator of the Cultural Heritage Administration may impose restrictions on excavation permits, as prescribed by Presidential Decree. <Amended on Dec. 24, 2018> |
| (4) | Matters necessary for an excavation permit application and required documents prescribed in paragraph (1), the extent of duties of human resources participating in the excavation, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 24, 2018> |
| Article 12-2 (Report, etc. on Commencement and Completion of Excavation of Buried Cultural Heritage) |
| (1) | Where a person who obtains an excavation permit under Article 11 (hereinafter referred to as "person who obtains an excavation permit") commences excavation, he/she shall submit a report on commencement to the Administrator of the Cultural Heritage Administration, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (2) | A person who obtains an excavation permit shall commence excavation within one year from the date of obtaining such permit, and where he/she fails to do so, the Administrator of the Cultural Heritage Administration may revoke the permit: Provided, That the Administrator of the Cultural Heritage Administration may extend the period for commencement by up to one year, where any good cause is deemed to exist. |
| (3) | A person who obtains an excavation permit shall submit a report on completion to the Administrator of the Cultural Heritage Administration within 20 days from the date the excavation of buried cultural heritage is completed, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 12-3 (Safety Management, etc. on Excavation Sites) |
| (1) | A person who obtains an excavation permit shall observe the details of the excavation permit and directions under Article 11 (2), such as safety management on the excavation site. |
| (2) | To manage and supervise whether to fulfill the details of an excavation permit, including safety management, the Administrator of the Cultural Heritage Administration may examine excavation sites or require persons who obtain an excavation permit or buried cultural heritage inspection institutions under Article 24 to submit data or direct them to take necessary measures. |
| (3) | Matters necessary for examination, submission of data, or directions under paragraph (2) shall be prescribed by Presidential Decree: Provided, That where any good reason exists, such as excavating a large quantity of relics, a request for extending a period of reporting may be made to the Administrator of the Cultural Heritage Administration. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 13 (Excavation of Buried Cultural Heritage by the State) |
| (1) | Where it is necessary for an academic inspection, or public purpose, etc., the Administrator of the Cultural Heritage Administration may excavate any of the following areas of buried cultural heritage: <Amended on Nov. 26, 2019; Dec. 8, 2020> |
| 2. | An area in which underwater cultural heritage is scattered; |
| 3. | An area of high historical value, such as the site of a desolated temple; |
| 4. | Other areas which the Administrator of the Cultural Heritage Administration deems particularly necessary to be excavated for the protection, etc. of buried cultural heritage. |
| (2) | Where excavation is to be conducted as prescribed in paragraph (1), the Administrator of the Cultural Heritage Administration may have a buried cultural heritage inspection institution prescribed in Article 24 conduct such excavation. |
| (3) | Where excavation is conducted under paragraphs (1) and (2), the Administrator of the Cultural Heritage Administration shall notify the excavation purpose, methods, commencement time, etc. to the owner, manager or occupier of the area of buried cultural heritage, as prescribed by Presidential Decree; where excavation is completed, he/she shall notify them of the results of excavation, such as the current condition of excavated relics, etc. within 30 days from the date of completion. <Amended on Jul. 21, 2011> |
| (4) | The owner, manager or occupier of the area of buried cultural heritage who receives notification prescribed in paragraph (3) shall not refuse, obstruct or evade excavation prescribed in paragraphs (1) and (2). |
| (5) | The State shall compensate a person who suffers loss due to excavation prescribed in paragraphs (1) and (2) for such loss. |
| (6) | Compensation for loss prescribed in paragraph (5) shall be discussed between the Administrator of the Cultural Heritage Administration and a person who suffers such loss; if no agreement is reached or reaching an agreement is impossible, a request for ruling may be filed to the competent land expropriation committee. |
| Article 14 (Measures for Preservation of Excavated Buried Cultural Heritage) |
| (1) | If the historical, artistic, or scientific value of an excavated buried cultural heritage is great, the Administrator of the Cultural Heritage Administration may instruct the person whom an excavation permit was granted to take the following measures to preserve the excavated cultural heritage, subject to deliberation by the Cultural Heritage Committee under Article 8 of the Cultural Heritage Protection Act: <Amended on Nov. 26, 2019> |
| 1. | On-site preservation: Preservation of the whole or part of the cultural heritage by covering up it with soil to restore the status quo ante or exposing it to the air; |
| 2. | Preservation by relocation: Preservation of the whole or part of the cultural heritage by relocating it from the excavation site to any other place within the site of the development project or to any place outside of the site of the development project, such as a museum or gallery; |
| 3. | Preservation of records: Preservation of records by compiling the outcomes of the excavation inspection; |
| 4. | Other matters necessary for preserving and managing buried cultural heritage. |
| (2) | The person who is instructed to take measures for preservation under paragraph (1) and the head of the local government having jurisdiction over the relevant project site may present their opinions on the methods for preserving the excavated cultural heritage. |
| (3) | The person instructed to take measures for preservation under paragraph (1) shall take such measures and then submit a report on the results of the measures taken for preservation to the head of the local government having jurisdiction over the relevant project site and the Administrator of the Cultural Heritage Administration. |
| (4) | Other matters necessary for measures to preserve excavated cultural heritage shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2017]
| Article 15 (Report on Excavation and Inspection) |
| (1) | A person who is permitted to conduct excavation (referring to an agency which actually conducts excavation, where a person permitted to conduct excavation and a buried cultural heritage inspection institution are different) shall submit a report on the result of excavation (hereinafter referred to as "report on excavation and inspection") to the Administrator of the Cultural Heritage Administration within two years from the date such excavation is finished. <Amended on Nov. 26, 2019> |
| (2) | Where the Administrator of the Cultural Heritage Administration deems that justifiable reasons exist, such as that long-term research is needed to inquire into the character of excavated cultural heritage, preservation measures are to be taken for excavated relics, etc., he/she may extend the deadline for submission of the report on excavation and inspection within the extent of two years. |
| (3) | The Administrator of the Cultural Heritage Administration may entrust a specialized institution with evaluation of a report on excavation and inspection. <Newly Inserted on Nov. 26, 2019> |
| Article 16 (Changes of Present State of Buried Cultural Heritage) |
Where the present state of excavated buried cultural heritage (excluding cultural heritage which is movable property) is to be changed, Articles 11, 12, 12-2, 12-3, and 13 through 15 shall apply mutatis mutandis. <Amended on Nov. 26, 2019>
CHAPTER IV HANDLING, ETC. OF BURIED CULTURAL HERITAGE REPORTED TO BE DISCOVERED
| Article 17 (Report of Discovery, etc.) |
If buried cultural heritage is discovered, the discoverer or the owner, occupier or manager of the area of buried cultural heritage shall not change the present state and report the discovery to the Administrator of the Cultural Heritage Administration.
| Article 18 (Methods of Handling Cultural Heritage Reported Discovered) |
| (1) | Where discovery prescribed in Article 17 is reported, the Administrator of the Cultural Heritage Administration shall have the discoverer return the cultural heritage to the owner in cases the owner of such cultural heritage is known; where the owner is unknown, he/she shall notify the fact to the head of the competent police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force, notwithstanding Article 1 (1) of the Lost Articles Act which applies mutatis mutandis as prescribed in Article 13 of the same Act. |
| (2) | The head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force shall promptly make an announcement as prescribed in Article 1 (2) of the Lost Articles Act which applies mutatis mutandis as prescribed in Article 13 of the same Act, if he/she receives notification prescribed in paragraph (1). |
| Article 19 (Methods of Handling Cultural Heritage Reported to Head of Police Station, etc.) |
| (1) | Where an article submitted as a buried or lost article to the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force under the Lost Articles Act is recognized as cultural heritage, the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force shall make an announcement pursuant to the Lost Articles Act, make a report on the fact that a buried or lost article recognized as cultural heritage has been submitted, and submit such article to the Administrator of the Cultural Heritage Administration within 20 days from the date it was submitted unless such article is returned to the owner. |
| (2) | Where an article submitted as prescribed in paragraph (1) is proved to be cultural heritage as a result of appraiser, the Administrator of the Cultural Heritage Administration shall notify the purport that such article is cultural heritage to the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force; where such article is not cultural heritage, he/she shall return such article to the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force with a written statement that such article is not cultural heritage. |
| Article 20 (Ascertainment of Ownership of Cultural Heritage Reported Discovered and Reversion to the State) |
| (1) | Where a person claiming ownership of the relevant cultural heritage appears within 90 days from the date the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force makes an announcement, the Administrator of the Cultural Heritage Administration shall return it to the rightful owner after taking steps to ascertain ownership prescribed by Presidential Decree; where no rightful owner exists and the State requires to preserve the cultural heritage, notwithstanding Articles 253 and 254 of the Civil Act, such cultural heritage shall be reverted to the State. |
| (2) | Matters necessary for the extent of cultural heritage to be reverted to the State as prescribed in paragraph (1), procedures for reversion, preservation and management shall be prescribed by Presidential Decree. |
| Article 21 (Compensation and Reward for Cultural Heritage Reported Discovered) |
| (1) | Where the Administrator of the Cultural Heritage Administration reverts cultural heritage to the State as prescribed in Article 20, he/she shall pay compensation as prescribed by Article 13 of the Lost Articles Act to a discoverer, picker or the owner of the land, structure, etc. in which such cultural heritage is discovered. In such cases, if the discoverer or picker is not the same person as the owner of the land, structure, etc., he/she shall pay compensation equally: Provided, That in cases where expenses are disbursed when it is discovered or picked, the amount of payment shall be graded, as prescribed by Presidential Decree. |
| (2) | The buried cultural heritage excavated as prescribed in Article 11 (1) or 13 (1) from a place in which discovery of buried cultural heritage is reported (including an area in which buried cultural heritage is excavated because of a report of discovery, and another area linked with aforementioned area by ruins) as prescribed in Article 17 shall not be deemed a discovery for which compensation is to be paid as prescribed in paragraph (1). |
| (3) | The Administrator of the Cultural Heritage Administration may pay reward as prescribed by Presidential Decree in consideration of the value and scope of excavated cultural heritage to a person, the reporter of discovery, who provides a cause for excavation prescribed in paragraph (1). |
| (4) | Where compensation prescribed in paragraph (1) or reward prescribed in paragraph (3) is to be paid, the Administrator of the Cultural Heritage Administration may determine the amount of payment after deliberation by the Cultural Heritage Committee under Article 8 of the Cultural Heritage Protection Act, and the procedures for paying compensation or reward and matters necessary for payment shall be prescribed by Presidential Decree. |
| Article 22 (Method of Handling Cultural Heritage Discovered or Excavated from Inspection of Cultural Heritage) |
Where cultural heritage is discovered or excavated from a ground surface inspection, or an excavation inspection prescribed in Articles 11 and 13, the Administrator of the Cultural Heritage Administration shall announce the discovery or excavation of the relevant cultural heritage, notwithstanding Article 1 (2) of the Lost Articles Act which applies mutatis mutandis as prescribed in Article 13 (1) of the same Act.
| Article 23 (Ascertainment of Ownership of Cultural Heritage Discovered or Excavated from Inspection of Cultural Heritage and Reversion to the State) |
Where it is necessary to return cultural heritage because a person claiming ownership to the relevant cultural heritage appears within 90 days from the date an announcement is made as prescribed in Article 22 or it is necessary to revert it to the State because a rightful owner does not appear, Article 20 shall apply mutatis mutandis to the handling thereof.
CHAPTER V BURIED CULTURAL HERITAGE INSPECTION INSTITUTIONS
| Article 24 (Registration of Buried Cultural Heritage Inspection Institutions) |
| (1) | The ground surface inspection or excavation of buried cultural heritage shall be conducted by the institutions registered with the Administrator of the Cultural Heritage Administration (hereinafter referred to as "inspection institution"), among the following institutions: <Amended on May 28, 2014> |
| 1. | A non-profit corporation established as prescribed in Article 32 of the Civil Act, the business purpose of which is the excavation of buried cultural heritage; |
| 2. | An institution relating to the excavation of buried cultural heritage, which is established and operated by the State or a local government; |
| (2) | Matters necessary for the registration of inspection institutions, such as kinds of inspection institutions by field of excavation, registration procedures, standards for human resources based on the qualifications of the inspection personnel, and standards for facilities and equipment, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (3) | The State and local governments may foster and support inspection institutions within budgetary limits for the inspection, excavation and preservation of buried cultural heritage. |
| (4) | When an implementer of construction works concludes a contract for ground surface inspection or excavation inspection with an inspection institution as prescribed in Article 6 or 11 (1), he/she shall conclude such contract separately from the contract relating to the relevant construction works. |
| Article 25 (Revocation, etc. of Registration of Inspection Institutions) |
| (1) | Where an inspection institution falls under any of the following subparagraphs, the Administrator of the Cultural Heritage Administration may revoke the registration thereof or order the suspension of all or part of its duties, as prescribed by Presidential Decree within the extent of two years: Provided, That in cases falling under the provisions of subparagraphs 1 through 3, he/she shall revoke the registration thereof: |
| 1. | Where an inspection institution is registered by fraud or other improper means; |
| 2. | Where an inspection institution damages a relic or remains by intention or gross negligence; |
| 3. | Where an inspection institution falsely prepares a ground surface inspection report or an excavation inspection report by intention or gross negligence; |
| 4. | Where an inspection institution conducts a ground surface inspection or an excavation inspection by fraud or other improper means, or prepares a ground surface inspection report or an excavation inspection report unsatisfactorily, which is recognized by the cultural heritage committee prescribed in Article 8 of the Cultural Heritage Protection Act; |
| 5. | Where an inspection institution violates the excavation permit details or permit-related directions under Article 11 (2); |
| 6. | Where an inspection institution fails to submit an excavation inspection report not later than the deadline for submission prescribed in Article 15, or submits an excavation inspection report beyond the deadline for submission; |
| 7. | Where an inspection institution does not fully meet the standards for registration prescribed in Article 24 (2). |
| (2) | The Administrator of the Cultural Heritage Administration may restrict an inspection institution, whose registration has been revoked under paragraph (1), from registering as an inspection institution pursuant to this Act within the extent of three years, as prescribed by Presidential Decree. |
| (3) | Where an inspection institution or universal successor thereto, whose business is suspended or registration is revoked, has already concluded a service contract related to a ground surface inspection or excavation prescribed in Article 11 or has undertaken such inspection or excavation before such disposition, it may continue to inspect the relevant cultural heritage. In such cases, where the inspection institution or universal successor thereto, whose registration is revoked, continues the ground surface inspection or excavation inspection, it shall be deemed an inspection institution until the completion of the relevant ground surface inspection or excavation inspection. |
| (4) | Deleted. <Nov. 26, 2019> |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 25-2 (Guidance and Supervision over Inspection Institutions) |
| (1) | The Administrator of the Cultural Heritage Administration may request an inspection institution to submit a report or data necessary for supervision, such as checking the standards for registration of inspection institutions, as prescribed by Presidential Decree, and may require public officials under his/her jurisdiction to enter the office of the inspection institution or other necessary places to inspect documents, facilities, equipment, etc. |
| (2) | A public official who conducts an inspection under paragraph (1) shall carry an identification indicating his/her authority and show it to interested persons. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 25-3 (Education for Inspection Personnel) |
| (1) | The inspection personnel of each inspection institution shall undergo safety education, etc., as prescribed by Presidential Decree. |
| (2) | The Administrator of the Cultural Heritage Administration and an inspection institution shall endeavor to ensure that investigation personnel undergo education and training under paragraph (1). |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 26 (Purchase of Land following Measures for Preservation of Cultural Heritage) |
| (1) | Where a development project is not wholly or partially conducted or completed due to measures for the preservation of cultural heritage prescribed in Article 14, the State or a local government may purchase the relevant land, etc.: Provided, That construction works conducted by the State, a local government or a corporation prescribed by Presidential Decree shall be an exception. <Amended on Dec. 8, 2020> |
| (2) | Matters necessary for persons whose land, etc. are to be purchased under paragraph (1), the methods and procedures for purchasing land, etc., and other matters shall be prescribed by Presidential Decree. <Amended on Dec. 8, 2020> |
| (3) | The Administrator of the Cultural Heritage Administration may provide a local government with subsidies to cover part of the expenses incurred in improvement, etc. of land purchased pursuant to paragraph (1). <Newly Inserted on Dec. 8, 2020> |
[Title Amended on Dec. 8, 2020]
| Article 27 (Price Standards for Inspection Services of Buried Cultural Heritage) |
The Administrator of the Cultural Heritage Administration may determine the standards for pricing services of ground surface inspection or excavation inspection of buried cultural heritage, methods of calculation thereof, etc. after consultation with the Minister of Strategy and Finance.
| Article 27-2 (Dissemination, etc. of Standard Form Contract) |
The Administrator of the Cultural Heritage Administration may prepare, disseminate, and make available a standard form contract necessary for the conclusion of a contract for a ground surface inspection or excavation inspection of buried cultural heritage.
[This Article Newly Inserted on Nov. 26, 2019]
| Article 28 (Preparation, etc. of Records of Buried Cultural Heritage) |
The State and local governments shall prepare and preserve records of the confirmed buried cultural heritage, and devise appropriate measures to protect the contained area.
Where the Administrator of the Cultural Heritage Administration intends to revoke an excavation permit under Article 11 or revoke the registration of an inspection institution under Article 24, he/she shall hold a hearing. [This Article Newly Inserted on Nov. 26, 2019]
| Article 29 (Delegation and Entrustment of Authority) |
| (1) | Authority of the Administrator of the Cultural Heritage Administration bestowed pursuant to this Act may be partially delegated to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, Special Self-Governing Province Governor, or the heads of affiliated institutions, as prescribed by Presidential Decree. <Amended on Dec. 24, 2018> |
| (2) | The Administrator of the Cultural Heritage Administration may entrust the duties of inspection, excavation, and protection of buried cultural heritage to a corporation established under Article 32 of the Civil Act and engaging in relevant business, as prescribed by Presidential Decree. |
| Article 30 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
CHAPTER VII PENTALTY PROVISIONS
| Article 31 (Crimes such as Illegal Excavation) |
| (1) | Any person who excavates buried cultural heritage in the protective facilities or protective zones of the designated cultural heritage or provisionally designated cultural heritage pursuant to the Cultural Heritage Protection Act without permission or permission for changes shall be punished by imprisonment with labor for a limited term of not less than five years but not more than fifteen years. <Amended on Dec. 12, 2017; Nov. 26, 2019> |
| (2) | Any person who excavates buried cultural heritage in a place other than those prescribed in paragraph (1) without permission or permission for changes, changes the present state of an area of buried cultural heritage that is already confirmed or under excavation, violates an order to suspend or cease the excavation of buried cultural heritage 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> |
| (3) | Any person who transfers, takes over, acquires, transports, holds or keeps cultural heritage with or without compensation, in violation of paragraph (1) or (2), which is illegally excavated or of which present state is changed, while being well aware of such circumstances, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won. |
| (4) | Even though the illegal excavation, change of present state, transfer, takeover, acquisition, transportation, holding or keeping performed by another person before a person's holding or keeping prescribed in paragraph (3) is not punishable, when a person begins to possess or keep cultural heritage while being well aware of the situation, he/she shall be punished pursuant to the same paragraph. |
| (5) | Any person who mediates an act prescribed in paragraph (3) shall be punished pursuant to the same paragraph. |
| (6) | Any person who conceals, disposes of or changes the present state without making a report on the discovery of buried cultural heritage, in violation of Article 17, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (7) | Any person who fails to cease construction works in violation of Article 5 (2) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| (8) | In the case of paragraphs (1) through (6), the relevant cultural heritage shall be confiscated. |
| Article 32 (Aggravated Offenses) |
| (1) | Punishment on a person who commits a crime prescribed in Article 31 by exhibiting the power of an organization or crowd or by carrying dangerous objects shall be raised up to one-half of the punishment prescribed in the same Article. |
| (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 33 (Person Guilty of Attempted Crime) |
| (1) | Any person who attempts to commit a crime prescribed in Article 31 shall be punished. |
| (2) | Any person who prepares for or conspires with a purpose of committing a crime prescribed in Article 31 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| Article 34 (Negligence Offender) |
Any person who commits a crime prescribed in Article 31 (3) by professional negligence 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, and the relevant cultural heritage shall be confiscated.
| Article 35 (Crime of Obstructing Inspections of Buried Cultural Heritage) |
| (1) | Any person who refuses, obstructs or evades a ground surface inspection prescribed in Article 6 without a justifiable reason shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | Any person who refuses, obstructs or evades the excavation of buried cultural heritage prescribed in Article 13 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| Article 36 (Offenses of Violations, etc. of Administrative Orders) |
Any person who violates the following orders or directions shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
| 1. | An order of measures for the preservation of cultural heritage prescribed in Article 9 (1); |
| 2. | An order to cease construction works prescribed in Article 10 (2); |
| 3. | An order to suspend or cease excavation prescribed in Article 11 (2) (including cases in which such provisions apply mutatis mutandis as prescribed in Article 16); |
| 4. | A direction to conduct necessary matters after the completion of excavation prescribed in Article 14 (including cases in which such provisions apply mutatis mutandis as prescribed in Article 16). |
| Article 37 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations falling under any of the Articles 31, 32 and 34 through 36 in conducting the business affairs of the corporation or individual, the or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article, and where punishment with a fine is not prescribed, such corporation or individual shall be punished by a fine not exceeding 300 million won: Provided, That such corporation or individual has not been negligent in giving considerable attention and supervision relating to the relevant duties to prevent such violation, this shall not apply.
| Article 38 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Nov. 26, 2019> |
| 1. | A person who fails to submit a report under Article 12-2 (1) or (3); |
| 2. | A person who fails to observe the details of an excavation permit or directions under Article 12-3 (1); |
| 3. | A person who fails to comply with a demand for examination or submission of data or with directions under Article 12-3 (2); |
| 4. | A person who fails to make a report under Article 17; |
| 5. | A person who rejects, obstructs, or evades a demand for submission of data, or the entry and inspection by public officials under Article 25-2 (1). |
| (2) | An administrative fine under paragraph (1) shall be imposed and collected by the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree. <Amended on Nov. 26, 2019> |
ADDENDA <Act No. 10001, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Buried Cultural Heritage Inspection Institutions)
The specialized institutions relating to cultural heritage publicly notified as prescribed in Article 91 (2) of the previous Cultural Heritage Protection Act as at the time this Act enters into force shall be deemed buried cultural heritage inspection institutions registered as prescribed in Article 24: Provided, That such cultural heritage inspection institutions shall meet the requirements prescribed by this Act within six months and make registration within six months after this Act enters into force. Article 3 (Transitional Measures concerning Acts, etc. of Administrative Agencies)
Acts of an administrative agency or acts in relation to an administrative agency pursuant to the previous Cultural Heritage Protection Act concerning the protection, inspection, etc. of buried cultural heritage as at the time this Act enters into force shall be deemed acts of an administrative agency or acts in relation to an administrative agency pursuant to this Act corresponding thereto. Article 4 (Transitional Measures concerning Penal Provisions, etc.)
The previous Cultural Heritage Protection Act shall govern the application of penal provisions and fines for negligence in relation to an act committed before this Act enters into force. Article 5 (Amendment to other Acts) Omitted.
Article 6 (Relationship with other Acts)
Where the previous Cultural Heritage Protection Act or provisions thereof are cited by other Acts or subordinate statutes as at the time this Act enters into force, this Act or corresponding provisions of this Act shall be deemed cited in place of the previous Cultural Heritage Protection Act or provisions thereof, if such corresponding provisions exist in this Act.
ADDENDUM <Act No. 10882, Jul. 21, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12350, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Ground Surface Inspections)
The amended proviso to Article 7 (3) shall apply to ground surface inspections conducted after this Act enters into force.
ADDENDA <Act No. 12692, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14605, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 14639, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15172, Dec. 12, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16055, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Permits for Excavation of Buried Cultural Heritage)
The amended provisions of Article 12 (2) shall begin to apply from cases of applying for a permit for the excavation of buried cultural heritage after this Act enters into force.
ADDENDUM <Act No. 16592, Nov. 26, 2019>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 16596, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 17582, Dec. 8, 2020>
This Act shall enter into force six months after the date of its promulgation.