ENFORCEMENT DECREE OF THE ACT ON THE SAFEGUARDING AND PROMOTION OF INTANGIBLE CULTURAL HERITAGE
Presidential Decree No. 27056, Mar. 25, 2016
Amended by Presidential Decree No. 27992, Apr. 18, 2017
Presidential Decree No. 28956, jun. 12, 2018
Presidential Decree No. 29903, jun. 25, 2019
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 30257, Dec. 24, 2019
Presidential Decree No. 31138, Nov. 3, 2020
Presidential Decree No. 31700, May 25, 2021
Presidential Decree No. 32093, Oct. 26, 2021
| (2) | "Person who is able to master and practice intangible cultural heritage as the archetype of that intangible cultural heritage, as prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Act means a person who is able to master and practice intangible cultural heritage as the archetype of that intangible cultural heritage, upon meeting requirements and complying with formalities under Article 16 (1), (4), and (5). |
| (3) | "Group that is able to master and practice intangible cultural heritage as the archetype of that intangible cultural heritage, as prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means a group that is able to master and practice intangible cultural heritage as the archetype of that intangible cultural heritage, upon meeting requirements and complying with formalities under Article 16 (1), (2), (4), and (5). |
| Article 3 (Formulation of Action Plans) |
| (1) | Each action plan formulated under Article 8 (1) of the Act (hereinafter referred to as "action plan") shall include the following: |
| 1. | Direction-setting for implementing projects in the relevant year; |
| 2. | Policies for implementing each major project; |
| 3. | A detailed plan for each major project; |
| 4. | Other matters necessary for the safeguarding and promotion of intangible cultural heritage. |
| (2) | The Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall present an action plan for the relevant year and the results of implementing the action plan in the preceding year, to the Administrator of the Cultural Heritage Administration by January 31 each year, pursuant to Article 8 (2) of the Act. |
| (3) | The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall publicly announce their respective action plans for the relevant year on the website of the relevant agency by the end of February each year, pursuant to Article 8 (3) of the Act. |
| Article 4 (Composition of Intangible Cultural Heritage Committee) |
| (1) | The chairperson of the Intangible Cultural Heritage Committee (hereafter in this Article through Article 7, referred to as "chairperson") established under Article 9 (1) of the Act (hereinafter referred to as the "Committee") shall represent the Committee and exercise general supervision over its affairs. <Amended on May 25, 2021> |
| (2) | The Committee shall have a vice chairperson, who shall be elected from among and by its members. |
| (3) | Where the chairperson of the Committee is unable to perform his or her duties for any unavoidable reason, the vice chairperson shall act on behalf the chairperson; where both the chairperson and the vice chairperson are unable to perform their duties for any unavoidable reason, members of the Committee (hereafter in this Article through Article 7, referred to as "member") shall act on behalf of the chairperson and the vice chairperson, in order of seniority. <Amended on May 25, 2021> |
| Article 5 (Exclusion of, Challenge to, and Refrainment by Member) |
| (1) | A member shall be excluded from deliberating on and determining an agenda item in any of the following circumstances: |
| 1. | If the member or his or her current or former spouse is a party to the agenda item (where the relevant person is a corporation, organization, etc., including its executive officer; the same shall apply hereafter in this subparagraph and subparagraph 2), or the member holds any right or obligation jointly with the related party to the agenda item; |
| 2. | If the member is or was a relative of a party to the agenda item; |
| 3. | If the member has given testimony, made a statement, given advice, conducted research, provided service or conducted an appraisal regarding the agenda item; |
| 4. | If the member, or corporation to which the member belongs, is the current or former agent of a party to the agenda item. |
| (2) | Where the circumstances indicate that it would be impractical to expect fair deliberations or determinations from a member, any party may file with the Committee an application for a challenge to the member, and the Committee shall decide on the challenge by resolution. In such cases, the member subject to challenge shall not participate in such resolution. |
| (3) | Upon the occurrence of any of the causes for exclusion provided for in the subparagraphs of paragraph (1), a member shall voluntarily refrain from deliberating on or determining the relevant agenda item. |
| Article 6 (Dismissal of Members) |
The Administrator of the Cultural Heritage Administration may dismiss a member in any of the following circumstances:
| 1. | If the member becomes unable to perform his or her duties due to a mental disorder; |
| 2. | If the member engages in any misconduct in relation to his or her duties; |
| 3. | If the member is deemed unfit as a member due to neglect of duties, loss of dignity, or for other reasons; |
| 4. | If the member fails to refrain voluntarily upon the occurrence of any of the causes provided for in the subparagraphs of Article 5 (1); |
| 5. | If the member indicates that it is difficult for him or her to perform his or her duties of his or her own accord. |
| Article 7 (Meetings of Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Committee. |
| (2) | Deleted. <May 25, 2021> |
| (3) | A majority of the members shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on May 25, 2021> |
| Article 8 (Subcommittees) |
| (1) | The Committee may organize and operate subcommittees where necessary for professional and efficient deliberation. |
| (2) | The chairperson of the Committee shall appoint members of subcommittees from among the members of the Committee and experts in the relevant fields. <Amended on May 25, 2021> |
| Article 9 (Technical Experts) |
| (1) | Technical experts referred to in Article 9 (5) of the Act (hereinafter referred to as "technical experts") shall not exceed 50 persons. |
| (2) | The Administrator of the Cultural Heritage Administration shall appoint technical experts from among the following persons, giving due consideration to gender: |
| 2. | A person who has been engaged in business related to the safeguarding and promotion of intangible cultural heritage for at least five years. |
| (3) | The term of office of technical experts shall be two years: Provided, That the term of office of a technical experts newly appointed to fill a vacancy occurring due to resignation, or for other reasons, shall be the remaining term of his or her predecessor. |
| (4) | Where any of the subparagraphs of Article 6 applies to a technical expert, the Administrator of the Cultural Heritage Administration may dismiss the technical expert. |
| Article 10 (Administrative Secretary) |
| (1) | An administrative secretary and a secretary shall be appointed to the Committee to conduct its administrative affairs. |
| (2) | The Administrator of the Cultural Heritage Administration shall appoint the administrative secretary and the secretary from among his or her officials under the jurisdiction of the Cultural Heritage Administration. |
Allowances may be paid to members, technical experts, and experts who attend meetings of the Committee within budgetary limits: Provided, That the foregoing shall not apply where a public-official member attends a meeting of the Committee in direct relation to his or her duties.
| Article 11-2 (Composition and Operation of Sectional Committees) |
| (1) | The sectional committees established under the Committee pursuant to Article 10 (2) of the Act and the areas of responsibility shall be as follows: |
| (2) | Each sectional committee under paragraph (1) (hereinafter referred to as "sectional committee”) shall consist of not more than 10 members, including one chairperson. |
| (3) | Members of the sectional committees shall be appointed by the chairperson of the Committee, among the members of the Committee. In such cases, if deemed necessary, a member may be appointed to work for two or more sectional committees. |
| (4) | The chairperson of a sectional committee shall be elected from among and by the members of the sectional committee. |
| (5) | Where the chairperson of a sectional committee is unable to perform his or her duties due to any unavoidable reason, members of the sectional committee shall act on behalf of the chairperson in order of seniority. |
| (6) | Except as provided in paragraphs (1) through (5), Articles 5 through 8, 10 and 11 shall apply mutatis mutandis to the composition and operation of sectional committees, respectively. |
[This Article Newly Inserted on May 25, 2021]
| Article 11-3 (Composition and Operation of Joint Sectional Committees) |
| (1) | The chairperson of a joint sectional committee pursuant to Article 10 (3) of the Act (hereinafter referred to as "joint sectional committee") shall be elected from among and by the members of the joint sectional committee. |
| (2) | Except as provided in paragraph (1), Articles 5 through 8, 10 and 11 shall apply mutatis mutandis to the composition and operation of joint sectional committees, respectively. |
[This Article Newly Inserted on May 25, 2021]
| Article 12 (Non-Disclosure of Minutes) |
"Circumstances prescribed by Presidential Decree, such as where disclosing the meeting minutes economically prejudices a specific person or invades the privacy of a specific person" in the proviso of Article 11 (2) of the Act means any of the following circumstances: <Amended on May 25, 2021> | 1. | Where the disclosure of personal information, such as the name and resident registration number of a member of the Committee, a sectional committee, a joint sectional committee or a subcommittee, a technical expert, a holder of national intangible cultural heritage designated under Article 12 of the Act (hereinafter referred to as "national intangible cultural heritage"), is likely to harm the proprietary interests of the relevant person or to invade the privacy or freedom of the relevant person; |
| 2. | Where the disclosure of any of the matters referred to in the subparagraphs of Article 10 (1) of the Act, which is being investigated and deliberated upon, is deemed to compromise the fair investigation or deliberation; |
| 3. | Where the disclosure of the minutes concerning the recognition, etc. of a holder of national intangible cultural heritage, is deemed likely to defame the relevant person; |
| 4. | Where the disclosure of minutes is deemed likely to seriously compromise fair deliberation by the Committee. |
| Article 13 (Detailed Operational Rules) |
Matters concerning the composition and operation of the Committee, sectional committees, joint sectional committees, and subcommittees shall be prescribed by the Administrator of the Cultural Heritage Administration, except as provided in this Decree. <Amended on May 25, 2021>
| Article 14 (Designation of National Intangible Cultural Heritage) |
| (1) | Intangible cultural heritage eligible to be designated as national intangible cultural heritage and criteria for the designation thereof shall be as specified in attached Table 1. |
| (2) | Where the Administrator of the Cultural Heritage Administration determines that intangible cultural heritage is worthy of being designated as national intangible cultural heritage after having reviewed an investigative report prepared under Article 34, the Administrator shall give prior notice of matters to be deliberated upon by the Committee, in the official gazette for at least 30 days. |
| (3) | The Administrator of the Cultural Heritage Administration shall determine whether to designate intangible cultural heritage as national intangible cultural heritage within six months from the expiration of the period for prior notice under paragraph (2), following deliberation thereon by the Committee. |
| (4) | The Administrator of the Cultural Heritage Administration shall follow the procedures under paragraphs (2) and (3) again, if the Administrator intends to re-determine whether to designate intangible cultural heritage as national intangible cultural heritage due to the failure to determine the designation thereof within the period specified in paragraph (3) for unavoidable reasons, such as an objection raised by any interested party. |
| (5) | The Administrator of the Cultural Heritage Administration shall prescribe and publicly notify the detailed indicators regarding the criteria for the designation of national intangible cultural heritage under paragraph (1), the awarding of points, and other relevant matters. |
| Article 15 (Designation of National Intangible Cultural Heritage in Need of Urgent Safeguarding) |
| (1) | The Administrator of the Cultural Heritage Administration may designate any of the following national intangible cultural heritage as national intangible cultural heritage in need of urgent safeguarding pursuant to Article 13 (1) of the Act: |
| 1. | National intangible cultural heritage in substantial danger of disappearance due to changes in an environment for transmission and living conditions; |
| 2. | National intangible cultural heritage in which case no person or group eligible to be recognized as a holder or group holder exists for a substantial period; |
| 3. | National intangible cultural heritage, the transmission of which is impossible or impracticable because its archetype as national intangible cultural heritage is substantially lost. |
| (2) | Article 14 (2) through (4) shall apply mutatis mutandis to procedures for the designation of national intangible cultural heritage in need of urgent safeguarding: Provided, That if it is necessary to safeguard national intangible cultural heritage urgently, the Administrator of the Cultural Heritage Administration may shorten the period required for the designation thereof, or omit some procedures for the designation thereof, following deliberation thereon by the Committee. |
| (3) | Where it is necessary to safeguard intangible cultural heritage urgently, the Administrator of the Cultural Heritage Administration may simultaneously designate national intangible cultural heritage pursuant to Article 12 (1) of the Act, and national intangible cultural heritage in need of urgent safeguarding pursuant to Article 13 (1) of the Act. In such cases, the Administrator of the Cultural Heritage Administration may shorten the period required for the designation thereof, or omit some procedures for the designation thereof, following deliberation thereon by the Committee. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for safeguarding and supporting national intangible cultural heritage in need of urgent safeguarding, shall be determined by the Administrator of the Cultural Heritage Administration. |
| Article 15-2 (Public Notice of Designation and Revocation of Designation) |
| 1. | Title of national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding; |
| 2. | Reasons for the designation or the revocation of the designation. |
[This Article Newly Inserted on May 25, 2021]
| Article 16 (Recognition of Holders) |
| (1) | The Administrator of Cultural Heritage Administration may recognize a person or group that meets each of the following requirements as a holder or group holder of national intangible cultural heritage, as prescribed by Article 17 of the Act: |
| 1. | The person or group shall have the ability and means to transmit the relevant national intangible cultural heritage; |
| 2. | The person or group shall have shown outstanding performance in transmitting the relevant national intangible cultural heritage and have a strong commitment to the transmission thereof; |
| 3. | The person or group shall have contributed to transmitting the relevant national intangible cultural heritage. |
| (2) | A group holder referred to in paragraph (1) shall fall under any of the following: |
| 1. | Where intangible cultural heritage can be practiced only by a group due to the nature of technical skill, artistic skill, or knowledge of that intangible cultural heritage; |
| 2. | Where several persons are eligible to be recognized as a holder of the relevant intangible cultural heritage; |
| 3. | Where a number of residents practice technical skill, artistic skill, or knowledge of intangible cultural heritage, by forming a group or community where that relevant intangible cultural heritage is transmitted. |
| (3) | “Where it is impracticable to recognize a holder or group holder of that national intangible cultural heritage by the nature of such national intangible cultural heritage, as prescribed by Presidential Decree" in the proviso of Article 17 (1) of the Act means where it is impracticable to recognize that only a specific person or specific group is able to master, safeguard, and practice the relevant national intangible cultural heritage just like the archetype of that national intangible cultural heritage, because the technical skill, artistic skill, or knowledge of such national intangible cultural heritage, is part of the public domain or has become a custom. |
| (4) | Article 14 (2) through (4) shall apply mutatis mutandis to the recognition of a holder or group holder of national intangible cultural heritage. In such cases, "national intangible cultural heritage" shall be construed as "holder or group holder of national intangible cultural heritage," and "designation" as "recognition," respectively. |
| (5) | The Administrator of Cultural Heritage Administration shall prescribe and publicly notify the detailed criteria for the recognition of holders or group holders of national intangible cultural heritage under paragraph (1), the awarding of points, and other relevant matters. |
| Article 17 (Recognition of Honorary Holders) |
| (1) | Where the Administrator of the Cultural Heritage Administration intends to recognize a holder of national intangible cultural heritage as an honorary holder pursuant to Article 18 (1) of the Act, the Administrator shall consider the following: <Amended on Jun. 25, 2019> |
| 1. | The period during which a holder of national intangible cultural heritage has engaged in activities for transmitting intangible cultural heritage and the outcomes of such activities; |
| 2. | Public presentations held by a holder of national intangible cultural heritage, and outcomes of his or her successor training; |
| 3. | Sustainability of successor training or activities for transmitting intangible cultural heritage by a holder of national intangible cultural heritage. |
| (2) | Where the Administrator of the Cultural Heritage Administration intends to recognize an instructor for successor training of national intangible cultural heritage as an honorary holder pursuant to Article 18 (2) of the Act, the Administrator shall consider the following: <Amended on Jun. 25, 2019; Nov. 3, 2020> |
| 1. | Level of mastering and practicing technical skills, artistic skills, or knowledge of intangible cultural heritage as the archetype thereof during activities for transmitting such intangible cultural heritage and successor training; |
| 2. | Period and outcomes of providing successor training; |
| 3. | Sustainability of activities for providing successor training or transmitting intangible cultural heritage. |
| (3) | Where a holder of national intangible cultural heritage or an instructor for successor training files an application for recognition as an honorary holder pursuant to Article 18 (1) 2 or (2) 2 of the Act, the application prescribed by Ordinance of the Ministry of Culture, Sports and Tourism may be checked in lieu of an investigation conducted under Article 53 (1) of the Act. <Newly Inserted on Jun. 25, 2019; Nov. 3, 2020> |
| (4) | Article 14 (2) through (4) shall apply mutatis mutandis to the recognition of honorary holders under paragraphs (1) and (2). In such cases, "national intangible cultural heritage" shall be construed as "honorary holder," and "designation" as "recognition," respectively. <Amended on Jun. 25, 2019> |
| Article 18 (Recognition of Instructors for Successor Training) |
| (1) | The Administrator of the Cultural Heritage Administration shall first select the fields of national intangible cultural heritage that requires assistant instructors to provide successor training, following deliberation thereon by the Committee, before recognizing assistant instructors for successor training pursuant to Article 19 (1) of the Act. <Amended on Nov. 3, 2020> |
| (2) | The Administrator of the Cultural Heritage Administration may recognize a person who meets each of the following requirements as an instructor for successor training from among certified trainees in any of the fields selected pursuant to paragraph (1): <Amended on Nov. 3, 2020> |
| 1. | Any of the following persons: |
| (a) | A person who has engaged in activities for transmitting intangible cultural heritage for at least five years after being a certified trainee; |
| (b) | A person who has engaged in activities for transmitting intangible cultural heritage for at least one year after being a certified trainee for national intangible cultural heritage with experience as a holder of City/Do intangible cultural heritage or an instructor for successor training (limited to where the holder or group holder of City/Do intangible cultural heritage is recognized as the holder or group holder of national intangible cultural heritage); |
| 2. | The person shall have the ability and means to transmit the relevant national intangible cultural heritage; |
| 3. | The person shall have shown outstanding performance in transmitting the relevant national intangible cultural heritage and have a strong commitment to the transmission thereof; |
| 4. | The person shall have contributed to transmitting the relevant national intangible cultural heritage. |
[Title Amended on Nov. 3, 2020]
| Article 18-2 (Public Notice of Recognition or Revocation of Recognition) |
| 1. | Reasons for the recognition or the revocation of the recognition; |
| 2. | Matters according to the following classification: |
| (a) | A holder, honorary holder of or an instructor for successor training in national intangible cultural heritage: Name and address (Si/Gun/Gu only); |
| (b) | A group holder of national intangible cultural heritage: Title, location of the main office, date of the establishment, name of the representative. |
| (2) | Certificates of recognition under Article 20 (2) of the Act shall be classified based on groups to be recognized, and each of the certificates shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on May 25, 2021]
| Article 18-3 (Issuance of Certificate of Holder of National Intangible Cultural Heritage) |
Where the Administrator of the Cultural Heritage Administration provides a holder or group holder of national intangible cultural heritage with a certificate of recognition pursuant to Article 20 (2) of the Act, the Administrator may issue a certificate of holder of national intangible cultural heritage under attached Form 1 or a certificate of group holder of national intangible cultural heritage under attached Form 2, each of which is presented by the President. [This Article Newly Inserted on May 25, 2021]
| Article 19 (Revocation of Recognition as Successors) |
"Where other circumstances prescribed by Presidential Decree arise" in Article 21 (1) 9 of the Act means the following circumstances: <Amended on Nov. 3, 2020> | 1. | Where a group holder is dissolved; |
| 2. | Where an instructor for successor training is recognized as a holder of City/Do intangible cultural heritage pursuant to Article 32 (2) of the Act; |
| 3. | Where a holder, group holder, honorary holder of or an instructor for successor training in national intangible cultural heritage requests the revocation of recognition. |
| Article 20 (Regular Inspections) |
Subject matter of the regular inspection conducted under Article 22 (1) of the Act shall be as follows: <Amended on Nov. 3, 2020> | 1. | Status of technical skills and artistic skills of holders and group holders of, and instructors for successor training in national intangible cultural heritage; |
| 2. | Status of successor training and activities for transmitting intangible cultural heritage; |
| 3. | Status of successors of national intangible cultural heritage; |
| 4. | Status of the administration and management of subsidies and allowances provided for successor training pursuant to Article 25 (3) of the Act; |
| 5. | Status of successor training facilities. |
| Article 21 (Exceptions to Provision of Successor Training) |
| 1. | Where it is impossible for a holder or group holder to provide successor training due to a disease or any other accidents; |
| 2. | Where a holder or group holder of intangible cultural heritage is to conduct research or undergo training in a foreign college or research institute for at least one year. |
| Article 22 (Provision of Subsidies and Allowances for Successor Training) |
| (1) | The Administrator of the Cultural Heritage Administration shall pay subsidies and allowances necessary for successor training pursuant to Article 25 (3) of the Act every month. <Amended on Nov. 3, 2020; Oct. 26, 2021> |
| (2) | The Administrator of the Cultural Heritage Administration may suspend subsidies and allowances under Article 25 (3) of the Act in any of the following circumstances: <Amended on Nov. 3, 2020> |
| 1. | Where a holder or group holder of national intangible cultural heritage fails, or becomes unable, to conduct successor training or fails to engage in activities for transmitting national intangible cultural heritage without good cause; |
| 2. | Deleted; <Nov. 3, 2020> |
| 3. | Where a holder, group holder, or assistant instructor for successor training engages in misconduct, such as accepting a bribe, in relation to successor training or activities for transmitting national intangible cultural heritage. |
| Article 22-2 (Selection of and Support for Exemplary Trainees) |
| (1) | The Administrator of the Cultural Heritage Administration may select as an exemplary trainee a person who has been engaged in activities for transmitting intangible cultural heritage for at least three years after becoming a certified trainee pursuant to Article 25 (4) of the Act, with an excellent record of both participation in successor training and activities for transmitting intangible cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration may, within budgetary limits, reimburse an exemplary trainee selected pursuant to paragraph (1) for all or some of the expenses required for activities for transmitting intangible cultural heritage, such as public performances, exhibition, education and research. |
| (3) | If an exemplary trainee selected pursuant to paragraph (1) falls under any of the following cases, a holder or group holder of national intangible cultural heritage or a school for successor training selected under Article 30 of the Act that has recommended an exemplary trainee under Article 25 (4) of the Act shall report such fact to the Administrator of the Cultural Heritage Administration without delay: |
| 1. | Where he or she becomes unable to engage in activities for transmitting intangible cultural heritage due to a physical or mental disability or other reasons; |
| 2. | Where he or she has committed an illegal act, such as receiving money or other valuables, in connection with activities for transmitting intangible cultural heritage; |
| 3. | Where he or she has shown poor performance in successor training participation and activities for transmitting intangible cultural heritage. |
| (4) | The Administrator of the Cultural Heritage Administration shall cease to provide support if an exemplary trainee selected under paragraph (1) falls under any subparagraph of paragraph (3). |
| (5) | Matters necessary for selecting and supporting exemplary trainees, other than those provided for in paragraphs (1) through (4), shall be determined and publicly notified by the Administrator of the Cultural Heritage Administration. |
[This Article Newly Inserted on Jun. 12, 2018]
| Article 23 (Certificates of Completion of Successor Training) |
| (1) | Any of the following persons shall be deemed to have completed the courses for successor training pursuant to Article 26 (1) of the Act: <Amended on Apr. 18, 2017; Nov. 3, 2020> |
| 1. | A person who has received successor training in national intangible cultural heritage, for at least three years from a holder or group holder of that national intangible cultural heritage; |
| 2. | A person with experience as a certified trainee of City/Do intangible cultural heritage, who has received successor training in national intangible cultural heritage, for at least one year, from a holder or group holder of or an instructor for successor training in that national intangible cultural heritage (limited to where the holder or group holder of City/Do intangible cultural heritage is recognized as the holder or group holder of national intangible cultural heritage); |
| 2. | A person who has completed the courses for successor training at a successor training school selected under Article 30 of the Act. |
| (2) | To examine skills pursuant to Article 26 (1) of the Act, the Administrator of the Cultural Heritage Administration shall request at least three experts who have extensive knowledge of, and experience in, the relevant national intangible cultural heritage to participate in the examination thereof and hear their opinions. |
| (3) | Where the Administrator of the Cultural Heritage Administration determines that a person is found to have a deep understanding of the relevant field of national intangible cultural heritage and his or her technical skills or artistic skills have reached a specific level, through an examination of his or her skills conducted under Article 26 (1) of the Act, the Administrator issues a certificate of completion of successor training to the person. |
| (4) | The Administrator of the Cultural Heritage Administration shall keep and maintain the records on the examination of skills under Article 26 (1) of the Act for five years. |
| (5) | Where a person is found to become a certified trainee by fraud or other improper means, the Administrator of the Cultural Heritage Administration shall cancel the certificate of completion of successor training issued to the person. |
| (6) | The Administrator of the Cultural Heritage Administration shall prescribe and announce the items to be examined, examination indexes, and detailed criteria for examination necessary for issuing certificates of completion of successor training. |
| Article 24 (Selection of Successor Scholarship Recipients) |
| (1) | The Administrator of the Cultural Heritage Administration shall first select the fields of national intangible cultural heritage eligible for scholarships, following deliberation thereon by the Committee, before selecting successor scholarship recipients and award scholarships thereto pursuant to Article 27 (1) of the Act. |
| (2) | The Administrator of the Cultural Heritage Administration may select a person who has aptitude for technical skills or artistic skills in the fields of national intangible cultural heritage selected under paragraph (1), who has received successor training in that fields for at least six months, as a successor scholarship recipient (hereinafter referred to as "successor scholarship recipient") under Article 27 (1) of the Act. |
| (3) | The Administrator of the Cultural Heritage Administration shall award scholarships to successor scholarship recipients each month for five years: Provided, That, where a successor scholarship recipient is issued with a certificate of completion of successor training under Article 26 of the Act, the Administrator shall discontinue awarding scholarships. |
| (4) | A holder or group holder of national intangible cultural heritage that has recommended a successor scholarship recipient shall report, without delay, to the Administrator of the Cultural Heritage Administration, if: <Amended on Nov. 3, 2020> |
| 1. | The successor scholarship recipient becomes unable to receive successor training in national intangible cultural heritage due to a mental or physical disability, or for other reasons; |
| 2. | The successor scholarship recipient shows poor performance in receiving the successor training. |
| (5) | The Administrator of the Cultural Heritage Administration shall discontinue awarding scholarships to a successor scholarship recipient who falls under any of the subparagraphs of paragraph (4). |
| (6) | The Administrator of the Cultural Heritage Administration shall determine and publicly notify the amounts of scholarships to be awarded and the time for awarding scholarships to successor scholarship recipients. |
| Article 25 (Public Presentations of National Intangible Cultural Heritage) |
| (1) | To make a public presentation of national intangible cultural heritage pursuant to Article 28 (1) of the Act, a holder or group holder of that national intangible cultural heritage shall prepare a plan therefor and submit the plan to the Administrator of the Cultural Heritage Administration 30 days prior to the scheduled date. |
| (2) | To make a public presentation of national intangible cultural heritage pursuant to Article 28 (1) of the Act, a holder or group holder of that national intangible cultural heritage shall give a performance or demonstration in a public place, such as a performance hall, exhibition hall, or successor training facility, for the general public. |
| (3) | Notwithstanding paragraph (2), a holder or group holder of national intangible cultural heritage that manufactures a traditional craft product requiring traditional skills may exhibit his or her own traditional craft product and a video that shows the manufacturing process of such product, instead of any performance. In such cases, the traditional craft product shall be manufactured after the preceding year’s performance or exhibition event. <Newly Inserted on Dec. 24, 2019> |
| (4) | A holder or group holder of national intangible cultural heritage shall submit a report to the Administrator of the Cultural Heritage Administration within 30 days after the public presentation pursuant to Article 28 (1) of the Act. <Amended on Dec. 24, 2019> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the public presentation of national intangible cultural heritage, such as the period, details, venue, and methods shall be prescribed and publicly notified by the Administrator of the Cultural Heritage Administration. <Amended on Dec. 24, 2019> |
| Article 26 (Reasons for Exception to Public Presentations of National Intangible Cultural Heritage) |
| 1. | Where it is impossible for a holder or group holder of intangible cultural heritage to exhibit technical skill or artistic skill due to a disease or any other accidents; |
| 2. | Where a holder or group holder of intangible cultural heritage is to conduct research or undergo training in a foreign college or research institute for at least one year. |
| Article 27 (Inspection of Public Presentations of National Intangible Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may record the process of the public presentation of national intangible cultural heritage, using visual media to efficiently inspect the public presentation of national intangible cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration shall keep and maintain the records from inspecting the public presentation of national intangible cultural heritage, for five years. |
| Article 28 (Selection and Review of Successor Training Schools) |
| (1) | Reviews necessary for the selection of successor training schools under Article 30 (1) of the Act shall include the following: |
| 1. | A plan to operate the curriculum of national intangible cultural heritage, successor training in which is to be provided; |
| 2. | Status of, and a recruitment plan for, teachers for successor training in national intangible cultural heritage; |
| 3. | Status of facilities and equipment for successor training in national intangible cultural heritage; |
| 4. | A three-year financial management plan; |
| 5. | Other matters necessary for the operation of successor training schools. |
| (2) | Successor training plans under Article 30 (2) of the Act shall include the items specified in each subparagraph of paragraph (1). |
| (3) | Other than those prescribed in paragraphs (1) and (2), matters regarding the selection and review of successor training schools and successor training plans shall be determined and publicly notified by the Administrator of the Cultural Heritage Administration. |
[This Article Wholly Amended on Apr. 18, 2017]
| Article 29 (Subsidies to Successor Training Schools) |
The Administrator of the Cultural Heritage Administration may fully or partially subsidize the following costs incurred in relation to successor training by successor training schools in accordance with Article 30 (3) of the Act: <Amended on Apr. 18, 2017> | 1. | Salaries and various allowances for teachers; |
| 2. | Expenses associated with teaching materials and materials necessary for practical training; |
| 3. | Facilities and equipment expenses; |
| 4. | Other costs the Administrator of the Cultural Heritage Administration deems necessary for successor training. |
[Title Amended on Apr. 18, 2017]
| Article 30 (Performance Evaluation for Successor Training Schools) |
| (1) | The following items shall be included in performance evaluation for successor training schools under Article 30 (5) of the Act: <Amended on Apr. 18, 2017> |
| 1. | Organization of the curriculum and appropriateness of educational content; |
| 2. | A successor’s participation rate in the curriculum; |
| 3. | Level of educational environment, such as facilities and equipment; |
| 4. | Other matters the Administrator of the Cultural Heritage Administration deems necessary for evaluating the performance of successor training schools. |
| (2) | The Administrator of the Cultural Heritage Administration shall disclose the outcomes of performance evaluation on the website of the Cultural Heritage Administration, upon completion of the performance evaluation under paragraph (1). |
| (3) | Except as provided in paragraphs (1) and (2), procedures and detailed criteria for performance evaluations and other matters necessary for performance evaluations shall be determined and publicly notified by the Administrator of the Cultural Heritage Administration. |
[Title Amended on Apr. 18, 2017]
| Article 31 (Recommendation for Designation of City/Do Intangible Cultural Heritage) |
Upon receipt of a recommendation for designation of City/Do intangible cultural heritage pursuant to Article 32 (4) of the Act, the relevant Mayor/Do Governor shall determine whether to designate the relevant intangible cultural heritage as City/Do intangible cultural heritage following deliberation thereon by the City/Do intangible cultural heritage committee established under Article 31 (1), within one year from the date of receipt of such recommendation.
| Article 32 (Support for Successor Training Facilities) |
The Administrator of the Cultural Heritage Administration or each Mayor/Do Governor may provide subsidies to support expenses incurred in establishing and operating successor training facilities of intangible cultural heritage, within budgetary limits, pursuant to Article 37 (3) of the Act.
| Article 32-2 (Support for Development of Traditional Craftsmanship) |
| (1) | The Administrator of the Cultural Heritage Administration may provide support necessary for the following activities pursuant to Article 40 (1) of the Act: |
| 1. | Producing and processing raw materials to facilitate the supply of traditional craft products; |
| 2. | Technical research to improve productivity of the manufacturing process of traditional craft products; |
| 3. | Developing design and packaging materials to commercialize traditional craft products and manufacturing prototypes. |
| (2) | The Administrator of the Cultural Heritage Administration may organize an examination committee or request the Korea Intangible Cultural Heritage Promotion Center under Article 46 of the Act (hereinafter referred to as the "Korea Intangible Cultural Heritage Promotion Center") to conduct an examination for purposes of selecting persons eligible for support under paragraph (1). |
[This Article Newly Inserted on Oct. 26, 2021]
| Article 33 (Procedures for Cancellation of Certification) |
| (1) | The Administrator of the Cultural Heritage Administration may request the relevant successor to submit related data, such as a brochure and sample of his or her traditional craft product, in order to cancel the certification of such traditional craft product pursuant to Article 42 (1) of the Act. |
| (2) | Upon cancellation of the certification of a traditional craft product pursuant to Article 42 (1) of the Act, the Administrator of the Cultural Heritage Administration shall notify, without delay, the relevant person of such cancellation and publicly announce the same on the website of the Cultural Heritage Administration. |
| Article 33-2 (Support for Business Startup, Manufacturing, and Distribution) |
The Administrator of the Cultural Heritage Administration or the head of a local government may provide necessary support to successors who conduct the following activities pursuant to Article 44 (1) of the Act: | 1. | Production, sale, exhibition, publicity, and distribution of traditional craft products; |
| 2. | Production, publicity, and distribution of traditional performing art programs; |
| 3. | Activities to enter into overseas markets, such as overseas exhibition of traditional craft products and overseas performance of intangible cultural heritage. |
[This Article Newly Inserted on Oct. 26, 2021]
[Previous Article 33-2 moved to Article 33-3 <Oct. 26, 2021>]
| Article 33-3 (Procedures for Receipt of Donations) |
| (1) | Where the International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region under the auspices of UNESCO (hereinafter referred to as the "ICHCAP") under Article 47 (1) of the Act receives any donation voluntarily made pursuant to paragraph (8) of the same Article, the donor shall be issued with a receipt for the donation: Provided, That the receipt may not be issued where the donation is made anonymously or the donor is unknown. |
| (2) | Where the donor under paragraph (1) designates the purpose of his or her donation, the ICHCAP shall use the donation only for such purpose: Provided, That if there are reasonable grounds for not using the donation for the purpose designated by the donor, the ICHCAP may use the donation for other purposes, with consent of the donor. |
| (3) | The ICHCAP shall keep the books recording the status of the donations it receives under paragraph (1), the usage of the donations, etc. to make the books available to the donors. |
[This Article Newly Inserted on May 25, 2021]
[Moved from Article 33-2 <Oct. 26, 2021>]
| Article 34 (Submission of Investigation Reports) |
Relevant experts, etc., who have conducted an investigation pursuant to Article 53 (1) of the Act, shall prepare an investigation report upon completing the investigation and submit the investigation report to the Administrator of the Cultural Heritage Administration.
| Article 35 (Delegation of Authority and Entrustment of Affairs) |
| (1) | The Administrator of the Cultural Heritage Administration shall delegate the authority over the following affairs to the Director General of the National Intangible Heritage Center pursuant to Article 54 of the Act: |
| 5. | Examination of skills and issuance of certificates of completion of successor training under Article 26 of the Act; |
| 8. | Providing subsidies to cover expenses incurred in making public presentations of national intangible cultural heritage under Article 28 (2) of the Act and Article 25 of this Decree; |
| 14. | Support for the commencement, manufacturing, distribution, etc. of successors of intangible cultural heritage under Article 44 of the Act and Article 33-2 of this Decree; |
| 16. | Hearings for the cancellation of the certification of traditional craft products under subparagraph 4 of Article 52 of the Act. |
| (2) | The Administrator of the Cultural Heritage Administration shall entrust the Korea Intangible Cultural Heritage Promotion Center with the duties of utilization and publicity of national intangible cultural heritage (limited to cases falling under the proviso of Article 17 (1) of the Act) which does not recognize its holder or group holder under Article 54 of the Act. |
[This Article Wholly Amended on Oct. 26, 2021]
| Article 36 (Processing of Personally Identifiable Information) |
The Administrator of the Cultural Heritage Administration (including a person to whom the authority of the Administrator of the Cultural Heritage Administration has been delegated pursuant to Article 54 of the Act and Article 35 of this Decree) or each Mayor/Do Governor (where the Mayor/Do Governor’s authority has been delegated or entrusted, including a person to whom the authority has been delegated or entrusted), may process data containing resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if such is essential to perform the following affairs: <Amended on Nov. 3, 2020> | 7. | Affairs concerning the examination of skills and issuance of certificates of completion of successor training under Article 26 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act); |
| 8. | Affairs concerning the selection of successor scholarship recipients and the awarding of scholarships under Article 27 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act). |
| Article 37 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines under Article 58 of the Act shall be as specified in attached Table 2.
ADDENDA <Presidential Decree No. 27056, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Article 2 (Applicability to Formulation of Action Plans)
Article 3 shall apply, beginning with the first action plan formulated in 2017. Article 3 Omitted.
Article 4 (Relationship to Other Statutes)
ADDENDUM <Presidential Decree No. 27992, Apr. 18, 2017>
This Decree shall enter into force on June 21, 2017.
ADDENDUM <Presidential Decree No. 28956, Jun. 12, 2018>
This Decree shall enter into force on June 13, 2018.
ADDENDUM <Presidential Decree No. 29903, Jun. 25, 2019>
This Decree shall enter into force on June 25, 2019.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 30257, Dec. 24, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31138, Nov. 3, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 (Transitional Measures concerning Recognition of Honorary Holders)
The period during which a person has engaged in activities as an assistant instructor for successor training and the outcomes of such activities before this Decree enters into force shall be deemed the period during which a person has has engaged in activities as an instructor for successor training and the outcomes of such activities under the amended provisions of Article 17 (2) 2; Article 3 Omitted.
ADDENDA <Presidential Decree No. 31700, May 25, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2021: Provided, That the amended provisions of Article 33-2 shall enter into force on June 9, 2021. Article 2 (Special Cases concerning Issuance of Certificate to Holder or Group Holder of National Intangible Cultural Heritage)
A holder or group holder of national intangible cultural heritage recognized under Article 17 (1) of the Act (excluding a holder or group holder whose recognition is revoked under Article 21 (1) of the Act) before this Decree enters into force may also be issued with a certificate under attached Form 1 or 2.
ADDENDA <Presidential Decree No. 32093, Oct. 26, 2021>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 35 shall enter into force on January 1, 2022.