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ENFORCEMENT DECREE OF THE CULTURAL HERITAGE PROTECTION ACT

Wholly Amended by Presidential Decree No. 22560, Dec. 29, 2010

Amended by Presidential Decree No. 23862, jun. 19, 2012

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25576, Aug. 27, 2014

Presidential Decree No. 25873, Dec. 23, 2014

Presidential Decree No. 26575, Oct. 6, 2015

Presidential Decree No. 27272, jun. 28, 2016

Presidential Decree No. 27720, Dec. 30, 2016

Presidential Decree No. 27810, Jan. 26, 2017

Presidential Decree No. 27972, Mar. 29, 2017

Presidential Decree No. 28104, jun. 13, 2017

Presidential Decree No. 28471, Dec. 12, 2017

Presidential Decree No. 28685, Feb. 27, 2018

Presidential Decree No. 28908, May 28, 2018

Presidential Decree No. 29328, Dec. 4, 2018

Presidential Decree No. 29421, Dec. 24, 2018

Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 30106, Oct. 8, 2019

Presidential Decree No. 30285, Dec. 31, 2019

Presidential Decree No. 30704, May 26, 2020

Presidential Decree No. 31205, Dec. 1, 2020

Presidential Decree No. 31379, Jan. 5, 2021

Presidential Decree No. 31380, Jan. 5, 2021

Presidential Decree No. 31600, Apr. 6, 2021

Presidential Decree No. 32111, Nov. 9, 2021

Presidential Decree No. 32528, Mar. 8, 2022

Presidential Decree No. 32807, Jul. 19, 2022

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Cultural Heritage Protection Act and those necessary for the enforcement thereof.
 Article 1-2 (Scope and Type of Cultural Heritage Education)
(1) The scope of cultural heritage education under Article 2 (2) of the Cultural Heritage Protection Act (hereinafter referred to as the "Act") shall be as follows: Provided, That Among the culture and arts education pursuant to subparagraph 1 of Article 2 of the Culture and Arts Education Support Act, culture and arts education using culture and arts pursuant to Article 2 (1) 1 of the Culture and Arts Promotion Act as educational content or utilized in the curriculum shall be excluded:
1. Education that contributes to the succession of traditional culture and the development of local culture through cultural heritage and promotes universal values and cultural diversity;
2. Education that fosters awareness of protection for cultural heritage and encourages protection activities for cultural heritage.
(2) The types of cultural heritage education under Article 2 (2) of the Act shall be as follows:
1. School cultural heritage education: Cultural heritage education conducted in kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act and schools under Article 2 of the Elementary and Secondary Education Act;
2. Social and cultural heritage education: The cultural heritage education support center under Article 22-4 (1) of the Act, lifelong educational institutions under subparagraph 2 of Article 2 of the Lifelong Education Act, and all forms of cultural property education other than school cultural property education conducted in institutions, corporations and organizations related to cultural heritage education.
[This Article Newly Inserted on May 26, 2020]
 Articles 2 (Scope of Construction Work)
"Construction works prescribed by Presidential Decree" in Article 2 (8) of the Act means the following: Provided, That this shall apply to construction or installation works referred to in subparagraphs 2 through 4 only if the original form of the earth surface is changed: <Amended on May 28, 2018; Jul. 2, 2019; May 26, 2020>
1. Construction works referred to in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;
2. Electrical installation defined in subparagraph 1 of Article 2 of the Electrical Construction Business Act;
3. Information and communications construction works referred to in subparagraph 2 of Article 2 of the Information and Communications Construction Business Act;
4. Projects for the installation of firefighting systems under the Firefighting System Installation Business Act;
5. Landscaping works within designated cultural heritage, the protection zone of designated cultural heritage, or a historic and cultural environment preservation area under Article 13 (1) of the Act;
6. Works to change (referring to cutting, backfilling, excavation, extraction of aggregate, collection of minerals, dredging, submersion, reclamation, etc.) the original form of land or a seabed (referring to inland waters referred to in subparagraph 1 of Article 2 of the Inland Water Fisheries Act and coastal areas referred to in subparagraph 2 of Article 2 of the Coast Management Act).
[Title Amended on May 26, 2020]
 Article 3 (Persons whose Opinions Need to be Heard for Establishment of Master Plans for Cultural Heritage)
"Owners, custodians, or management organizations and relevant experts prescribed by Presidential Decree" in Article 6 (2) of the Act means any of the following persons: <Amended on Dec. 23, 2014>
1. An owner or custodian of designated cultural heritage or registered cultural heritage;
2. A management organization of designated cultural heritage or registered cultural heritage;
3. A member of the Cultural Heritage Committee under Article 8 of the Act (hereinafter referred to as “Cultural Heritage Committee”);
4. Other persons who have expert knowledge or experience in cultural heritage and are determined and publicly announced by the Administrator of the Cultural Heritage Administration.
 Article 3-2 (Projects Eligible for Joint Research)
Projects eligible for joint research under Article 6-2 (1) of the Act shall be as follows:
1. Research and development projects for which mutual cooperation with other fields related to the preservation, management, and utilization of cultural heritage;
2. Research and development projects requested by the heads of other central administrative agencies or local governments and deemed necessary by the Administrator of the Cultural Heritage Administration;
3. Projects that form the foundation of research and development projects referred to in subparagraphs 1 and 2;
4. Projects that the Administrator of the Cultural Heritage Administration deems necessary to efficiently promote research and development of the preservation, management, utilization, etc. of cultural heritage.
[This Article Newly Inserted on Feb. 27, 2018]
 Article 4 (Procedures for Establishing Implementation Plans for Preservation of Cultural Heritage)
(1) An annual implementation plan relating to the master plan for cultural heritage under Article 7 (1) of the Act (hereinafter referred to as "implementation plan") shall contain the following:
1. Direction-setting for implementing projects in the relevant year;
2. Promotion principles by major projects;
3. Detailed plans by major project;
4. Other necessary matters for the preservation, management and utilization of cultural heritage.
(2) In accordance with Article 7 (2) of the Act, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall present the implementation plan for the relevant year and achievements of the previous year to the Administrator of the Cultural Heritage Administration by January 31 of each year. <Amended on Dec. 23, 2014; May 26, 2020>
(3) In accordance with Article 7 (3) of the Act, the Administrator of the Cultural Heritage Administration and a Mayor/Do Governor shall give public notice of the implementation plan of the relevant year on the notice board and post it on the website of the Cultural Heritage Administration, the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") by the last day of February of each year. <Amended on Dec. 23, 2014; Apr. 6, 2021>
 Article 5 (Submission of Business Plans)
(1) The Korea Cultural Heritage Foundation established under Article 9 of the Act (hereinafter referred to as the "Korea Cultural Heritage Foundation") shall prepare its business plan and budgetary documents for the following year and submit them to the Administrator of the Cultural Heritage Administration by November 30 of each year. <Amended on Aug. 27, 2014; Jul. 19, 2022>
(2) The Korea Cultural Heritage Foundation shall prepare track records and the settlement of accounts of each business year and submit them to the Administrator of the Cultural Heritage Administration by the last day of February in the following business year. <Amended on Aug. 27, 2014; Jul. 19, 2022>
 Article 6 (Procedures for Basic Investigations of Cultural Heritage)
(1) Where the Administrator of the Cultural Heritage Administration intends to conduct an investigation under Article 10 (1) of the Act, he or she shall prepare an investigative plan containing overall details of an investigation, such as an investigator, subject matter of an investigation, and background of an investigation, before commencing the investigation.
(2) Where the head of a central administrative agency (excluding the Administrator of the Cultural Heritage Administration) or the head of a local government intends to conduct an investigation under Article 10 (1) of the Act, he or she shall prepare the investigative plan under paragraph (1) and submit it to the Administrator of the Cultural Heritage Administration prior to commencing the investigation.
(3) The Administrator of the Cultural Heritage Administration shall prepare a report containing the following matters within 60 days after completing an investigation under Article 10 (1) of the Act. In such cases, where the period of investigation exceeds one year, an interim report containing the following matters shall be prepared whenever one year lapses since the commencement of the investigation:
1. General matters on an investigation, such as investigators and the progress and method of the investigation;
2. Detailed description on the current state of the investigated cultural heritage;
3. Matters relating to an owner or custodian of the investigated cultural heritage, its location, history, etc.
(4) The head of a central administrative agency (excluding the Administrator of the Cultural Heritage Administration) or the head of a local government shall prepare a report containing the matters referred to in each subparagraph of paragraph (3), within 60 days after completing an investigation under Article 10 (1) of the Act, and submit it to the Administrator of the Cultural Heritage Administration. In such cases, where the period of the investigation exceeds one year, an interim report containing the matters referred to in each subparagraph of paragraph (3) shall be prepared and submitted whenever one year lapses from the commencement of the investigation.
 Article 7 (Scope to Establish Information System on Cultural Heritage and its Operation)
(1) The scope to establish an information system on cultural heritage under Article 11 (1) of the Act are as follows:
1. Basic data on the current state of cultural heritage, including their name, location, and owner;
2. Data on the preservation, management, and utilization of cultural heritage;
3. Data on the investigation, excavation, and research of cultural heritage;
4. Data, such as a photo, drawing, and live image, that may help understand the relevant cultural heritage;
5. Other data deemed necessary by the Administrator of the Cultural Heritage Administration which has informative value of cultural heritage.
(2) The Administrator of the Cultural Heritage Administration may compile the data referred to in each subparagraph of paragraph (1) in an electronic format or into a book, etc. and provide citizens with so compiled data at the database center of the Cultural Heritage Administration or on its website to ensure the efficient utilization of information on cultural heritage.
 Article 7-2 (Procedures for Review of Impact on Preservation of Cultural Heritage in Historic and Cultural Environment Preservation Area)
(1) An administrative agency responsible for authorization, permission, etc. of a construction project (hereafter referred to as “authorizing and permitting administrative agency” in this Article) shall, with respect to any construction project being implemented in a historic and cultural environment preservation area under Article 13 (1) of the Act, review whether the implementation of the construction project concerned within a historic and cultural environment preservation area constitutes any of the acts prescribed in the subparagraphs of Article 21-2 (2) in accordance with the former part of Article 13 (2) of the Act.
(2) Where the authorizing and permitting administrative agency reviews as prescribed in paragraph (1), it shall consult at least three experts (at least one person falling under subparagraph 1 or 2 shall be included, and the number of persons under subparagraph 4 shall be not more than one person) who are falling under any of the following subparagraphs for their opinions pursuant to the latter part of Article 13 (2) of the Act. In such cases, the person falling under subparagraph 4 shall be someone who does not belong to an institution responsible for the implementation of the construction project concerned:
1. A member or expert member of the Cultural Heritage Committee;
2. A member or an expert member of the City/Do cultural heritage committee under Article 71 of the Act;
3. A faculty member who is an assistant professor or higher of a cultural heritage-related department of an educational institution under Article 2 of the Higher Education Act;
4. A senior research official, a research official, or a professional experienced official of at least Grade Na who is in charge of the affairs of cultural heritage;
(3) Where the authorizing and permitting administrative agency reviews whether the implementation of a construction project under paragraph (1) constitutes an act referred to in Article 21-2 (2) 1 (c) or (d), notwithstanding paragraph (2), the authorizing and permitting agency shall hear opinions of at least three relevant experts including at least one relevant expert under paragraph (2) 1 or 2 and at least one of the relevant experts falling under any of the following subparagraphs: <Amended on Feb. 27, 2018>
1. A faculty member who is an assistant professor or higher of a department related to construction, civil engineering, environment, urban planning, noise, vibration, air pollution, chemical substance, dust, or heat at an educational institution under Article 2 of the Higher Education Act;
2. A person recommended from an academic society related to any of the areas referred to in subparagraph 1;
3. A researcher or higher who belongs to a research institution related to any of the areas referred to in subparagraph 1.
(4) The experts who are participating in a review pursuant to paragraphs (2) and (3) shall prepare and submit to the authorizing and permitting administrative agency a statement of opinions as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(5) The authorizing and permitting administrative agency shall, based on the results of the review under paragraphs (1) through (4), determine if the implementation of the construction project concerned constitutes an act that may affect preservation of the designated cultural heritage and shall notify the result of the determination to the implementer of the construction project concerned: Provided, That where at least half of the relevant experts providing consultation pursuant to paragraph (2) or (3) determine that the implementation of the construction project concerned constitutes any act referred to in the subparagraphs of Article 21-2 (2), the authorizing and permitting administrative agency shall determine that the implementation of the construction project concerned constitutes an act that may affect preservation of the designated cultural heritage.
(6) Where the authorizing and permitting administrative agency determines pursuant to paragraph (5) that the implementation of the construction project concerned constitutes an act that may affect preservation of the designated cultural heritage, the agency shall instruct the implementer of the construction project to obtain permission under Article 35 (1) 2 of the Act.
(7) The Administrator of the Cultural Heritage Administration may provide consultation to the authorizing and permitting administrative agency or request the agency to submit any data relevant to the review as prescribed in paragraphs (1) through (3).
[This Article Newly Inserted on Dec. 23, 2014]
 Article 8 (Development of Response Manuals against Fire, Disasters or Theft)
(1) The scope of cultural heritage requiring the development of response manuals against fire or disasters pursuant to Article 14-2 (1) of the Act are as follows: <Amended on Jun. 13, 2017; Feb. 27, 2018>
1. Buildings that fall under wooden buildings and stone buildings, graves, or structures that fall under masonry or concrete structures, which are designated as cultural heritage;
2. A wooden building within designated cultural heritage and a wooden building in a protection zone: Provided, That this shall not apply to buildings of low importance, such as a restroom and resting facility;
3. A wooden building within World Heritage referred to in Article 19 (1) of the Act: Provided, That this shall not apply to buildings of low importance, such as a restroom and resting facility;
4. Buildings registered as cultural heritages: Provided, That where manuals, etc. have been developed under any other statutes or regulations to prepare for fire and disasters, response manuals against fire and disasters shall be deemed to have been developed pursuant to Article 14-2 (1) of the Act.
(2) The scope of cultural heritage requiring the development of response manuals against theft pursuant to Article 14-2 (1) of the Act shall be as follows: <Newly Inserted on Jun. 13, 2017; Feb. 27, 2018>
1. Designated cultural heritage which is movable property;
2. Registered cultural heritage which is movable property.
(3) Response manuals referred to in paragraphs (1) and (2) shall include the following: <Amended on Feb. 27, 2018>
1. Preventive activities against fire, disasters or theft (hereinafter referred to as "fire, etc.");
2. Where a fire, etc. occurs, the methods of reporting;
3. Where a fire or disaster occurs, the response methods, such as relocating, distributing and sheltering cultural heritage.
(4) The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall examine and supplement response manuals referred to in paragraphs (1) and (2) at least once annually. In such cases, each Mayor/Do Governor shall submit supplemented response manuals to the Administrator of the Cultural Heritage Administration within 15 days from the day the response manuals are supplemented. <Newly Inserted on Feb. 27, 2018>
[Title Amended on Feb. 27, 2018]
 Article 8-2 (Building and Managing Database Related to Prevention of Disasters on Cultural Heritage)
(1) The scope of database related to the prevention of disasters on cultural heritage to be built and managed by the Administrator of the Cultural Heritage Administration pursuant to Article 14-6 (1) of the Act shall be as follows:
1. Types and quantity of disaster prevention facilities for cultural heritage;
2. Status of education and training for using disaster prevention facilities for cultural heritage;
3. Status of personnel for safety management of cultural heritage;
4. Other information determined by the Administrator of the Cultural Heritage Administration, which is necessary to effectively respond to the damage of cultural heritage such as the occurrence of a fire.
(2) The Administrator of the Cultural Heritage Administration shall build the database referred to in subparagraphs of paragraph (1) in the form of electronic information, and shall make it jointly available to the heads of local governments.
(3) Except as provided in paragraphs (1) and (2), detailed matters necessary for building and managing database related to the prevention of disasters on cultural heritage shall be determined by the Administrator of the Cultural Heritage Administration.
[This Article Newly Inserted on Feb. 27, 2018]
 Article 9 (Cooperation for Exchanges of Cultural Heritage between North and South Korea)
(1) Exchange and cooperation projects in the field of cultural heritage between South and North Korea to be supported under Article 18 (3) of the Act are as follows: <Amended on Nov. 9, 2021>
1. South-North Korean joint investigations, research, and repair of cultural heritage;
2. South-North Korean exchange of information and technology on the preservation and management of cultural heritage;
3. Exchange of experts in the field of cultural heritage;
4. Support to register North Korean cultural heritage with the United Nations Educational, Scientific and Cultural Organization (UNESCO) as World Heritage;
5. Publicizing cooperative projects for exchanges of cultural heritage between North and South Korea;
6. Other necessary matters for cooperation for exchanges of cultural heritage between South and North Korea.
(2) Any agency or association which intends to fully or partially receive subsidies for a cooperation project, investigation, research, etc. for exchanges of cultural heritage between South and North Korea pursuant to Article 18 (3) of the Act shall prepare a plan for the relevant project, and submit it to the Administrator of the Cultural Heritage Administration for approval, and submit a report on the achievements of the project to the Administrator of the Cultural Heritage Administration within two months after the completion of such project. This shall also apply in cases where it intends to modify the matters determined by Ordinance of the Ministry of Culture, Sports and Tourism, among already approved matters.
 Article 10 (Protection of World Heritage)
(1) The Administrator of the Cultural Heritage Administration may regularly investigate and inspect (including regular inspection activities to perform the duty to submit periodic reports in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage) the current status and the preservation status of World Heritage, etc. (hereafter referred to as "World Heritage, etc." in this Article) under Article 19 (2) of the Act in order to maintain and manage the World Heritage, etc. and to take necessary measures for the protection thereof.
(2) The Administrator of the Cultural Heritage Administration may request the head of the local government having jurisdiction over the location of World Heritage, etc. to present relevant data necessary for the investigation and inspection under paragraph (1) and to present his or her opinion.
(3) The head of a local government in receipt of a request for preservation of relevant data and his or her opinion pursuant to paragraph (2) shall comply therewith except in extraordinary circumstances.
(4) Necessary matters relating to the method and procedure for investigations and inspections under paragraph (1) and other relevant matters shall be determined by the Administrator of the Cultural Heritage Administration.
 Article 10-2 (Scope of Fact-Finding Surveys on Cultural Heritage Education)
(1) The scope of a fact-finding survey on the status of cultural heritage education referred to in Article 22-3 (1) of the Act (hereinafter referred to as "fact-finding survey") is as follows:
1. Current status of cultural heritage education programs by region and type;
2. Current status of experts in cultural heritage education;
3. Current status of institutions, corporations and organizations related to cultural heritage education;
4. Current status of cultural heritage education facilities;
5. Demand of cultural heritage education field;
6. Other matters deemed necessary by the Administrator of the Cultural Heritage Administration to establish and implement policies related to cultural heritage education.
(2) A fact-finding survey shall be conducted as follows:
1. Regular survey: Conducted every three years;
2. Frequent survey: Conducted when the Administrator of the Cultural Heritage Administration deems it necessary to establish or change policies related to cultural heritage education.
(3) If necessary for a fact-finding survey, the Administrator of the Cultural Heritage Administration may request the heads of relevant central administrative agencies and the heads of local governments to submit relevant materials.
[This Article Newly Inserted on May 26, 2020]
 Article 10-3 (Requirements for Designating Cultural Heritage Education Support Centers)
(1) An entity which intends to be designated as a cultural heritage education support center (hereinafter referred to as "support center") pursuant to Article 22-4 (1) of the Act shall meet all of the following requirements and shall file an application with the Administrator of the Cultural Heritage Administration, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism:
1. Deleted; <Jan. 5, 2021>
2. He or she shall have the following facilities:
(a) Office to perform the work of the support center;
(b) Lecture rooms;
(c) Facilities that can store textbooks and educational equipment necessary for cultural heritage education;
3. It shall retain at least one expert who falls under any of the following:
(a) A person with at least three years of experience in cultural heritage education after obtaining a bachelor's degree in a field related to cultural heritage or education at a school pursuant to Article 2 of the Higher Education Act;
(b) A person who has acquired a master's degree in a field related to cultural heritage or education at a school pursuant to Article 2 of the Higher Education Act and has at least one year of experience in cultural heritage education;
(c) A person who has obtained a doctorate in a field related to cultural heritage or a field related to education at a school pursuant to Article 2 of the Higher Education Act;
(d) Other persons who have qualifications recognized and publicly notified by the Administrator of Cultural Heritage that are equal to or higher than those falling under the provisions of items (a) through (c).
(2) Upon receipt of an application under paragraph (1), the Administrator of the Cultural Heritage Administration shall examine whether the application meets all the requirements under the subparagraphs of the same paragraph and determine whether to designate the applicant entity as a support center. <Newly Inserted on Jan. 5, 2021>
(3) When the Administrator of the Cultural Heritage Administration determines whether to designate the applicant entity as a support center pursuant to paragraph (2), he or she may consider the performance of education on cultural heritage during the most recent three-year period. <Newly Inserted on Jan. 5, 2021>
(4) Where the Administrator of Cultural Heritage Administration designates a support center, he or she shall issue a letter of designation prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and post such fact on the website of the Cultural Heritage Administration. <Amended on Jan. 5, 2021>
(5) The standards for revocation of designation of and for the suspension of business of a support center under Article 22-4 (3) of the Act shall be as specified in attached Table 1. <Amended on Jan. 5, 2021>
(6) Except as provided in paragraphs (1) through (5), matters necessary for the designation of a support center shall be determined and publicly notified by the Administrator of Cultural Heritage Administration. <Amended on Jan. 5, 2021>
[This Article Newly Inserted on May 26, 2020]
 Article 10-4 (Entrustment of Affairs of Cultural Heritage Education)
(1) “Institutions prescribed by Presidential Decree” in Article 22-4 (4) of the Act means the following institutions: <Amended on Apr. 6, 2021; Jul. 19, 2022>
1. The Korea Cultural Heritage Foundation;
2. A corporation entrusted with duties relating to research, excavation, and protection of buried cultural heritage under Article 29 (2) of the Act on Protection and Inspection of Buried Cultural Heritage;
4. Korea Foundation for the Traditional Architecture and Technology (hereinafter referred to as the "Foundation") under Article 41-2 of the Act on Cultural Heritage Maintenance;
5. An industry-academic cooperation foundation established by the Korea National University of Cultural Heritage under Article 2 of the Act on the Promotion of Industrial Education and Industry-Academia-Research Cooperation;
6. Other institutions recognized by the Administrator of the Cultural Heritage Administration as competent to perform duties related to cultural heritage education.
(2) The Administrator of the Cultural Heritage Administration may fully or partially subsidize expenses incurred by a support center entrusted with affairs relating to cultural heritage education pursuant to Article 22-4 (4) of the Act or an institution referred to in the subparagraphs of paragraph (1) in performing its duties.
(3) A support center or an institution referred to in each subparagraph of paragraph (1) in receipt of support under paragraph (2) shall submit a business promotion plan for the following year by December 31 each year and the business performance and budget execution performance for the previous year by January 31 each year.
(4) Where the Administrator of the Cultural Heritage Administration entrusts any duty pursuant to Article 22-4 (4) of the Act to institutions, he or she shall give public notice on the entrusted institutions and details of the entrusted duties.
[This Article Newly Inserted on May 26, 2020]
 Article 10-5 (Organization and Operation of the Cultural Heritage Receipt Deliberation Committee)
(1) The Cultural Heritage Receipt Deliberation Committee (hereinafter referred to as the “Receipt Deliberation Committee") under Article 22-8 (3) of the Act shall be composed of at least five but not more than 10 members, including one chairperson.
(2) Members of the Receipt Deliberation Committee shall be commissioned by the Administrator of the Cultural Heritage Administration from among persons who have much knowledge of and experience in the exhibition and management of cultural heritage.
(3) The chairperson of the Receipt Deliberation Committee shall be elected by and from among its members.
(4) A majority of the members of the Receipt Deliberation Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the organization, operation, etc. of the Receipt Deliberation Committee shall be determined by the Administrator of the Cultural Heritage Administration.
[This Article Newly Inserted on Dec. 1, 2020]
 Article 10-6 (Details of Policies for Intelligent Informatization of Cultural Heritage)
In formulating policies for intelligent informatization of cultural heritage under Article 22-9 (1) of the Act, the Administrator of the Cultural Heritage Administration shall ensure that the following matters are included therein:
1. Building infrastructure for the intelligent informatization of cultural heritage;
2. Supporting and fostering industries related to the intelligent informatization of cultural heritage;
3. Training human resources specializing in the intelligent informatization of cultural heritage;
4. Protecting intellectual property rights entailed in intelligent information technology for cultural heritage and in cultural heritage data;
5. Establishing and supporting hyper-connected intelligent IC networks under the Framework Act on Intelligent Informatization for collecting cultural heritage data;
6. Other matters that the Administrator of the Cultural Heritage Administration deems necessary to be included in policies on the intelligent informatization of cultural heritage in order to preserve, manage, and utilize cultural heritage in an objective and scientific manner.
[This Article Newly Inserted on Jul. 19, 2022]
 Article 10-7 (Details of Policy Measures for Training Specialized Human Resources)
The Administrator of the Cultural Heritage Administration shall formulate the following policy measures for fostering specialized human resources pursuant to Article 22-10 (3) of the Act:
1. Conducting a status survey on the demand for specialized human resources and formulating mid- to long-term supply and demand plans;
2. Developing and distributing education and training programs for training specialized human resources;
3. Providing support for the employment of specialized human resources;
4. Other matters deemed necessary by the Administrator of the Cultural Heritage Administration for training specialized human resources to efficiently manage cultural heritage data.
[This Article Newly Inserted on Jul. 19, 2022]
 Article 10-8 (Establishment of System for Sharing Cultural Heritage Data)
(1) A system for sharing cultural heritage data under Article 22-10 (3) of the Act (hereinafter referred to as "system for sharing cultural heritage data") shall be established jointly with State agencies, local governments, and universities which manage any of the following data:
1. Data concerning cultural heritage, which are digitized under the Act on the Promotion of Linkage and Utilization of State Knowledge Information (hereinafter referred to as "digitization") or which are deemed to require digitization;
2. Data deemed necessary for safely preserving and managing cultural heritage;
3. Data used for developing intelligent information technology for cultural heritage;
4. Other data deemed to require management by the system for sharing cultural heritage data for the intelligent informatization of cultural heritage.
(2) The system for sharing cultural heritage data shall perform the following functions:
1. Digitalization of data necessary for the intelligent information technology for cultural heritage;
2. Establishment and operation of a system for the distribution and transaction of cultural heritage data;
3. Processing and utilization of cultural heritage data to facilitate the use of cultural heritage data.
[This Article Newly Inserted on Jul. 19, 2022]
 Article 10-9 (Support for Cooperative System for Intelligent Information Technology for Cultural Heritage)
(1) The Administrator of the Cultural Heritage Administration may build a cooperative system referred to in Article 22-11 (2) of the Act (hereinafter referred to as "cooperative system for intelligent information technology for cultural heritage") jointly with the following institutions:
3. A university or college in which a faculty or department related to cultural heritage or intelligent information technology under the Framework Act on Intelligent Informatization (hereinafter referred to as "intelligent information technology") is established;
4. A corporation or organization which conducts research on cultural heritage or intelligent information technology.
(2) Details necessary for supporting a cooperative system for intelligent information technology for cultural heritage shall be determined by the Administrator of the Cultural Heritage Administration.
[This Article Newly Inserted on Jul. 19, 2022]
 Article 10-10 (Terms and Conditions of Contract or Memorandum of Understanding)
(1) The following matters shall be included in a contract or memorandum of understanding concluded under Article 22-12 (2) of the Act:
1. Purposes of the use of data;
2. Items of data to be provided;
3. The period of use of data;
4. Matters concerning measures to ensure the safety of data;
5. Matters concerning confidentiality.
(2) Details regarding system interconnections and prior consultation under Article 22-12 (3) of the Act shall include the following matters:
1. Matters concerning maintaining up-to-dateness, accuracy, and interconnectivity of data;
2. Measures to be taken in the event of any discontinuance of system interconnections, such as notifying the Administrator of the Cultural Heritage Administration by no later than three months prior to the scheduled date of such discontinuance.
[This Article Newly Inserted on Jul. 19, 2022]
 Article 10-11 (Entrustment of Affairs including Projects Related to Cultural Heritage Data)
The Administrator of the Cultural Heritage Administration may entrust the following affairs to the Korea Cultural Heritage Foundation under Article 22-13 (1) of the Act:
1. Promotion of projects related to cultural heritage data under Article 22-10 (1) of the Act;
2. Management of metadata and data relationship diagram for cultural heritage data under Article 22-10 (2) of the Act;
3. Promotion of projects related to intelligent information technology for cultural heritage under Article 22-11 (1) of the Act;
4. Establishment and operation of an intelligent information service platform for cultural heritage under Article 22-12 (1) of the Act.
[This Article Newly Inserted on Jul. 19, 2022]
 Article 11 (Standards and Procedures for Designating State-Designated Cultural Heritage)
(1) The standards for designating national treasures and treasures under Article 23 of the Act, historic sites, scenic areas, or natural monuments under Article 25 of the Act, and national folklore resources under Article 26 of the Act are as stipulated in attached Table 1-2. <Amended on Oct. 6, 2015; Jun. 13, 2017; May 26, 2020>
(2) Where the Administrator of the Cultural Heritage Administration intends to designate cultural heritage as State-designated cultural heritage pursuant to paragraph (1), he or she shall request at least three relevant experts, such as members and expert members in the relevant field of the Cultural Heritage Committee, to conduct an investigation on such cultural heritage. <Amended on Dec. 23, 2014>
(3) A person in receipt of a request to investigate pursuant to paragraph (2) shall prepare an investigation report after conducting the investigation and submit it to the Administrator of the Cultural Heritage Administration.
(4) Where the Administrator of the Cultural Heritage Administration deems that the relevant cultural heritage is worth of being designated as State-designated cultural heritage after reviewing the investigation report referred to in paragraph (3), he or she shall give prior notice of the details to be deliberated on in the Official Gazette for at least 30 days prior to the deliberation by the Cultural Heritage Committee.
(5) The Administrator of the Cultural Heritage Administration shall determine whether to designate the relevant cultural heritage as State-designated cultural heritage, following deliberation thereon by the Cultural Heritage Committee within six months from the date on which prior notice given under paragraph (4) ends.
(6) Where the Administrator of the Cultural Heritage Administration fails to determine the designation under paragraph (5) within six months due to an inevitable reason, such as an objection raised by stakeholders, but needs to redetermine the designation, he or she shall undergo the procedures for giving prior notice under paragraph (4) and for the designation under paragraph (5) again.
 Article 12 Deleted. <Oct. 6, 2015>
 Article 13 (Standards for Designating Protective Facilities or Protection Zones)
(1) The standards for designating protective facilities or protection zones of national treasures, treasures, historic sites, scenic areas, natural monuments, or national folklore resources under Article 27 (1) of the Act are as stipulated in attached Table 2. <Amended on Jun. 13, 2017>
(2) The Administrator of the Cultural Heritage Administration may strengthen or relax the standards for designating protective facilities or protection zones under paragraph (1), if deemed specifically necessary due to the existence of natural or artificial conditions or other extenuating circumstances.
(3) Article 11 (2) through (5) shall apply mutatis mutandis to the designation of the protective facilities or protection zones of national treasures, treasures, historic sites, scenic areas, natural monuments, or national folklore resources under paragraph (1). <Amended on Jun. 13, 2017>
 Article 14 (Review on Appropriateness of Protective Facilities or Protection Zones)
(1) The Administrator of the Cultural Heritage Administration may request the Mayor/Do Governor to present the following data to review the appropriateness of designation or adjustment of protective facilities or protection zones (hereinafter referred to as "appropriateness of a protection zone, etc.") pursuant to Article 27 (3) of the Act. In such cases, the Mayor/Do Governor in receipt of a request for presentation of the relevant data shall present requested data to the Administrator of the Cultural Heritage Administration within 30 days after receiving such request except in extraordinary circumstances:
1. Opinions of an owner, custodian, and management organization of the relevant designated cultural heritage, and of an owner of land or a building within the relevant protective facility or protection zone concerning the appropriateness of a protection zone, etc.;
2. Data on the historic and cultural environment of a protective facility or protection zone;
3. Other data necessary for reviewing the appropriateness of a protection zone, etc.
(2) The Administrator of the Cultural Heritage Administration shall hear opinions of at least three relevant experts, such as members of the Cultural Heritage Committee and expert members, relating to the appropriateness of the relevant protection zone, etc. in reviewing the appropriateness of a protection zone, etc. pursuant to Article 27 (3) of the Act.
(3) Where the Administrator of the Cultural Heritage Administration deems it necessary to adjust the relevant protective facility or protection zone based on the result of reviewing the appropriateness of the protection zone, etc., he or she shall give prior notice of the details thereof in the Official Gazette for at least 30 days.
(4) The Administrator of the Cultural Heritage Administration shall determine whether to adjust the relevant protective facility or protection zone, following deliberation thereon by the Cultural Heritage Committee within six months from the date on which prior notice given under paragraph (3) ends.
(5) Where the Administrator of the Cultural Heritage Administration fails to determine the adjustment under paragraph (4) within six months due to inevitable grounds, such as an objection raised by stakeholders, but needs to redetermine the adjustment, he or she shall undergo the procedures for giving prior notice under paragraph (3) and for conducting adjustment under paragraph (4) again.
(6) Where the Administrator of the Cultural Heritage Administration determines the adjustment of a protective facility or protection zone under paragraph (4), he or she shall give public notice on the purport thereof in the Official Gazette, and inform, without delay, an owner, custodian or management organization of the relevant designated cultural heritage and the owner of land or a building within the relevant protective facility or protection zone of the details thereof.
 Article 15 (Postponement of Time to Review Appropriateness of Protective Facilities or Protection Zones)
Cases where the time to review the appropriateness of a protection zone, etc. may be postponed pursuant to the proviso of Article 27 (3) and the proviso of Article 70-2 (3) of the Act and the period therefor are as follows: <Amended on May 26, 2020>
1. Where it is impossible to review the appropriateness of a protection zone, etc. due to inevitable grounds, such as war and natural disaster: Up to one year from the date on which such grounds cease to exist;
2. Where cultural heritage, the time to review the appropriateness of the protection zone, etc. of which has arrived under Articles 27 (3) and 70-2 (3) of the Act, or its protective facility or protection zone is in litigation: Up to one year from the date on which such litigation is finished.
 Article 16 (Public Notice of Designation and Revocation Thereof)
Where the Administrator of the Cultural Heritage Administration designates any State-designated cultural heritage or revokes such designation pursuant to Articles 28 and 31 (5) of the Act, he or she shall give public notice on the following matters: <Amended on Oct. 6, 2015; Nov. 9, 2021>
1. The category, name, quantity, location, or depository of State-designated cultural heritage;
2. The name, quantity, and location of protective facilities or protection zone of State-designated cultural heritage;
3. The name and address of an owner or possessor of State-designated cultural heritage and its protective facilities or protection zone;
4. Deleted; <Oct. 6, 2015>
5. The reasons for the designation or the revocation thereof.
[Title Amended on Oct. 6, 2015]
 Article 17 (Submission of Data for Designation)
Where any cultural heritage is required to be designated pursuant to Articles 23 and 25 through 27 of the Act, a Mayor/Do Governor shall without delay report his or her intentions to the Administrator of the Cultural Heritage Administration with necessary data for designation, including, but not limited to, photographs, drawings, audio records, as determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Oct. 6, 2015>
 Article 18 Deleted. <Oct. 6, 2015>
 Article 19 (Provisional Designation)
Where the Administrator of the Cultural Heritage Administration provisionally designates cultural heritage as important cultural heritage pursuant to Article 32 (1) of the Act, he or she shall do so by classifying it as a national treasure or treasure under Article 23 of the Act, a historic site, scenic area, or natural monument under Article 25 of the Act, or a national folklore resource under Article 26 of the Act. <Amended on Jun. 13, 2017; May 26, 2020>
[Title Amended on May 26, 2020]
 Article 20 (Establishment of Comprehensive Maintenance Plans by Cultural Heritage)
(1) A management organization designated to manage State-designated cultural heritage pursuant to Article 34 of the Act may establish a comprehensive maintenance plan by cultural heritage (hereafter referred to as "maintenance plan" in this Article), following consultation with the Administrator of the Cultural Heritage Administration to ensure the efficient preservation, management, and utilization of the relevant State-designated cultural heritage.
(2) A maintenance plan to be established under paragraph (1) shall focus on preserving the original form of the relevant cultural heritage, and shall include the following matters:
1. Matters relating to the purposes and scope of the maintenance plan;
2. Matters relating to the historic and cultural environment of cultural heritage;
3. Matters relating to historical and academic research on cultural heritage;
4. Matters relating to the preservation, management, and utilization of cultural heritage, including repair and restoration thereof;
5. Matters relating to securing management and operation personnel of cultural heritage, and investment finance;
6. Other necessary matters for the maintenance of cultural heritage.
(3) The Administrator of the Cultural Heritage Administration may set forth necessary matters relating to procedures and methods for establishing a maintenance plan under paragraph (1), its content, the implementation thereof, etc. by kind or type of cultural heritage.
 Article 21 (Permission Procedures)
(1) A person who intends to obtain permission from the Administrator of the Cultural Heritage Administration under Article 35 of the Act shall submit an application for permission stating the category, name, quantity, location, etc. of the relevant State-designated cultural heritage to the Administrator of the Cultural Heritage Administration via the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and the same shall apply where he or she intends to change the matters already permitted. In such cases, the head of a Si/Gun/Gu shall inform the competent Mayor/Do Governor of matters, etc. for which permission is applied for. <Amended on Dec. 23, 2014; Oct. 6, 2015; Nov. 9, 2021>
(2) Notwithstanding the former part of paragraph (1), where an application for permission or alteration of already permitted matters is filed with respect to any of the following acts, an applicant shall directly submit his or her application to the Administrator of the Cultural Heritage Administration, without going through the Special Self-Governing City Mayor, the Special Self-Governing Province Governor and the head of a Si/Gun/Gu: <Newly Inserted on Oct. 6, 2015>
1. Any act falling under Article 35 (1) 3 of the Act;
2. Any act altering the current state of State-owned cultural heritage which constitutes State-designated cultural heritage directly managed by the State (limited to the State-designated cultural heritages classified as movable property);
3. Any act altering the current state that is taking place within the State-designated cultural heritage directly managed by the Administrator of the Cultural Heritage Administration.
 Article 21-2 (Alteration of Current State of State-Designated Cultural Heritage and Other Acts)
(1) “Acts prescribed by Presidential Decree” in Article 35 (1) 1 of the Act means any of the following acts: <Amended on Feb. 27, 2018; May 28, 2018; Jul. 2, 2019>
1. Repairing, maintaining, restoring, preserving, or demolishing State-designated cultural heritage, protective facilities or protection zones;
2. The following acts conducted against State-designated cultural heritage (including natural monuments which are dead or declared to have been imported or brought into the Republic of Korea pursuant to Article 41 (1) of the Act):
(a) Capturing, collecting, raising, or slaughtering;
(b) Artificially multiplying or reproducing;
(c) Grazing in the nature (excluding grazing after rescue and medical treatment);
(d) Attaching a position tracker;
(e) Collecting blood, organs, skins, etc. (excluding such acts intended for medical treatment);
(f) Making specimen or stuffing;
(g) Burying and incinerating;
3. Any of the following acts conducted within State-designated cultural heritage, protective facilities, or protection zones:
(a) Newly constructing, extending, reconstructing, or relocating of buildings, roads, pipe lines, electric wires, structures, underground structures, and other various facilities or altering the purpose of their use (excluding change of land category);
(b) Planting or removing trees;
(c) Reclamation, reclamation by drainage, excavation, drilling, cutting, or filling of the ground or waters and other acts that alter geographic or geological features;
(d) Any act which alters waterways, water quality or water quantity;
(e) Any act which generates noise, vibration, malodor, etc. or emits air pollutants, chemical substances, dust, light, heat, etc.;
(f) Scattering, discharging and dumping filthy water, excreta, wastewater, etc.;
(g) Raising and breeding animals and other relevant acts;
(h) Collecting, bringing into, carrying out, or removing soil and stone, aggregate, mineral, and their by-products and processed products;
(i) Placing or posting advertisements, etc. or stacking various objects in the open air.
(2) “Acts prescribed by Presidential Decree” in Article 35 (1) 2 of the Act means the following: <Amended on Feb. 27, 2018; Jul. 2, 2019>
1. Any of the following acts conducted within a historic and cultural environment preservation area:
(a) Establishing or extending a building or a facility which is likely to spoil the landscape of the State-designated cultural heritage concerned;
(b) Planting or removing trees which are likely to spoil the landscape of the relevant State-designated cultural property;
(c) Any act that may affect preservation of the State-designated cultural heritage concerned by generating noise, malodor, vibration, etc. or emitting air pollutants, chemical substances, dust, light, heat, etc.;
(d) Excavating 50 meters below ground that may affect preservation of the State-designated cultural heritage concerned;
(e) Altering the shape and quality of land or forest that may affect preservation of the State-designated cultural heritage concerned;
2. Conducting a construction work within a water system that may affect the water quality or quantity of the waterways in an area where State-designated cultural heritage is located;
3. An act that may affect preservation of State-designated cultural heritage by damaging a historic site connected to the State-designated cultural heritage;
4. Marking on a nest or egg of a natural monument or collecting or damaging the nest or egg in its habitat or breeding place;
5. Other acts conducted outside of the outer boundary of State-designated cultural heritage that are deemed likely to affect the historic, artistic, scientific, or scenic value of the State-designated cultural heritage and publicly notified as such by the Administrator of the Cultural Heritage Administration or the head of the competent local government.
(3) "Acts prescribed by Presidential Decree" in Article 35 (1) 3 of the Act means the following acts: <Newly Inserted on Nov. 9, 2021>
1. Photographing State-designated cultural heritage after relocating it to another place;
2. Photographing by contacting photographing equipment on the surface of State-designated cultural heritage;
3. Photographing that may affect the preservation of State-designated cultural heritage due to excessive emission of light or heat;
4. Any other act of photographing which can cause physical shock to State-designated cultural heritage due to collision, fall, etc. of photographing equipment.
[This Article Newly Inserted on Dec. 23, 2014]
 Article 21-3 (Acts Subject to Permission of Special Self-Governing City Mayor)
Any of the following acts requires permission (including permission for any subsequent alteration; hereafter the same shall apply in this Article) from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu pursuant to the proviso of Article 35 (1) of the Act: <Amended on Jan. 26, 2017; Feb. 27, 2018; May 28, 2018; Jul. 2, 2019>
1. Raising, stuffing, or making specimens of natural monuments publicly notify by the Administrator of the Cultural Heritage Administration or burying or incinerating dead natural monuments, among the acts under Article 35 (1) 1 of the Act and Article 21-2 (1) of this Decree;
2. Constructing a building or facility publicly notified by the Administrator of the Cultural Heritage Administration in consideration of the characteristics of cultural heritage, among the acts under Article 35 (1) 1 of the Act and Article 21-2 (1) of this Decree;
3. Any of the following acts, among the acts under Article 35 (1) 1 of the Act and Article 21-2 (1) of this Decree: Provided, That any acts targeting the State-designated cultural heritage concerned shall be excluded therefrom:
(a) Repairing a structure to restore it to its original form;
(b) Repairing a traditional Korean-style wall to restore it to its original form;
(c) Newly erecting, renovating, or extending a building in conformity with the scale determined by the Administrator of the Cultural Heritage Administration;
(d) Installing electric facilities under the Electric Utility Act and firefighting systems under the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems;
(e) Installing a marker stone, an information board, or a warning board;
(f) Installing protective railings;
(g) Generally protecting and maintaining trees and plants, such as pruning, preventing damage by blight and harmful insects, and spreading fertilizer;
(h) Collecting seeds or seedlings for academic and research purposes or for the purpose of preservation of species;
4. Acts determined and publicly notified as trivial by the Administrator of the Cultural Heritage Administration, among the acts under Article 35 (1) 2 of the Act and Article 21-2 (2) of this Decree;
5. Taking a picture of State-designated cultural heritage (excluding State-designated cultural heritage, the disclosure of which is restricted pursuant to Article 48 (2) of the Act), among the acts under Article 35 (1) 3 of the Act;
6. Acts determined as trivial and publicly notified as such by the Administrator of the Cultural Heritage Administration, among the acts under Article 35 (1) 4 of the Act.
[This Article Newly Inserted on Dec. 23, 2014]
 Article 21-4 (Scope of Relevant Experts Conducting Examination for Permission for Alteration of Current State)
The relevant experts who can conduct necessary examination for permitting alteration of cultural heritage’s current state pursuant to Article 36 (2) of the Act shall be as follows:
1. A member or expert member of the Cultural Heritage Committee;
2. A member or an expert member of the City/Do cultural heritage committee under Article 71 of the Act;
3. A faculty member who is an assistant professor or higher of a cultural heritage-related department of an educational institution under Article 2 of the Higher Education Act;
4. A senior research official, a research official, or a professional experienced official of at least Grade Na who is in charge of the affairs of cultural heritage;
5. A faculty member who is an assistant professor or higher of a department related to construction, civil engineering, environment, urban planning, noise, vibration, air pollution, chemical substance, dust, or heat at an educational institution under Article 2 of the Higher Education Act;
6. A person recommended from an academic society related to any of the areas referred to in subparagraph 5;
7. Other persons who have engaged in the cultural heritage-related area for at least five years and deemed, by the Administrator of the Cultural Heritage Administration, to have much knowledge and experience in the aforementioned area.
[This Article Newly Inserted on Dec. 23, 2014]
 Article 22 (Permits)
The Administrator of the Cultural Heritage Administration shall issue a certificate of permission stating the name of an applicant, the relevant cultural heritage, permitted matters, period and conditions of permission, and other relevant matters to the applicant via the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu when granting permission pursuant to Article 36 of the Act. In such cases, the Administrator of the Cultural Heritage Administration shall inform the competent Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) of the permitted matters, etc.: Provided, That where the Administrator of the Cultural Heritage Administration grants permission for any act referred to in Article 35 (1) 3 of the Act or for alteration in the current state of State-designated cultural heritage directly managed by himself/herself, he or she may choose not to go through the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, or not to inform the competent Mayor/Do Governor of the permitted matters, etc. <Amended on Dec. 23, 2014>
 Article 23 (Reporting on Appointment of Custodians)
(1) A person who intends to report State-designated cultural heritage in accordance with the main clauses of Article 40 (1) and Article 40 (3) of the Act shall submit a report on appointment of a custodian or any other event, describing the category, name, quantity, location, etc. of such State-designated cultural heritage to the Administrator of the Cultural Heritage Administration via the head of the competent Si/Gun/Gu and the competent Mayor/Do Governor within 15 days from the date on which such event occurs: Provided, That in cases falling under Article 40 (1) 9 of the Act, he or she may submit the report within three months from the date of designation. <Amended on Dec. 23, 2014; Nov. 9, 2021>
(2) A person who intends to report State-designated cultural heritage in accordance with the proviso of Article 40 (1) and the proviso of Article 40 (3) of the Act shall submit a report describing the category, name, quantity, location, etc. of such State-designated cultural heritage to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor and the head of a Si/Gun/Gu within 15 days from the date on which the relevant case occurs. <Newly Inserted on Dec. 23, 2014;Nov. 9, 2021>
 Article 24 (Reporting on Measures Taken for Preservation and Survival of Natural Monuments)
"Act prescribed by Presidential Decree, such as taking measures to prevent an animal designated as natural monument from disease or other dangers and to preserve and make it survive" in Article 40 (1) 9-3 of the Act means any of the following acts:
1. Emergency burial and incineration of a carcass caused by contagious animal disease defined in subparagraph 2 of Article 2 of the Act on the Prevention of Contagious Animal Diseases;
2. Taking emergency measures such as capturing natural monuments to prevent accidents to be caused by their collision, etc. with aircraft and the post processing thereof.
[This Article Newly Inserted on May 28, 2018]
 Article 25 (Declaration of Import of Animals or Bringing Them into the Republic of Korea)
A person who has imported any species (including subspecies) of animal designated as a natural monument from overseas or brings it into the Republic of Korea pursuant to Article 41 (1) of the Act shall file a declaration (including a declaration in the form of electronic document) in the form prescribed by Ordinance of the Ministry of Culture, Sports and Tourism within 30 days after importing or bringing the relevant animal into the Republic of Korea, appending the following documents (including those in the form of electronic document):
1. Documents to verify the exact account of the import of the relevant animal or bringing it into the Republic of Korea;
2. A certificate of origin;
3. A photography of the relevant animal.
[This Article Newly Inserted on May 28, 2018]
 Article 26 Deleted. <Oct. 6, 2015>
 Article 27 Deleted. <Oct. 6, 2015>
 Article 28 (Entrustment of Regular Investigations)
Pursuant to Article 44 (6) of the Act, the Administrator of the Cultural Heritage Administration shall entrust any of the following institutions or organizations with regular investigations or reinvestigations of State-designated cultural heritage:
1. A corporation or organization established with the objective of investigation, research, education, repair works, or academic activities related to cultural heritage;
2. A museum or art gallery provided for in Articles 10 and 12 through 14 under the Museum and Art Gallery Support Act;
3. A cultural heritage-related research institution or an industry-academic cooperation foundation affiliated with a school provided for in Article 2 of the Higher Education Act.
 Article 29 (Request for Compensation for Loss)
A person who intends to be compensated for his or her loss pursuant to Article 46 of the Act shall file with the Administrator of the Cultural Heritage Administration an application stating the category, name, quantity, location, or depository of the State-designated cultural heritage, along with evidential documents. <Amended on Nov. 9, 2021>
 Article 30 Deleted. <Oct. 6, 2015>
 Article 31 Deleted. <Oct. 6, 2015>
 Article 32 Deleted. <Oct. 6, 2015>
 Article 33 (Reporting on Appointment of Custodians of State-Registered Cultural Heritage)
Where a case falling under any subparagraph of Article 55 of the Act arises, an owner or custodian of State-registered cultural heritage or a person designated under Article 54 (2) of the Act shall report such fact to the Administrator of the Cultural Heritage Administration via the head of a Si/Gun/Gu or the Mayor/Do Governor, within 15 days from the date on which such case arises. <Amended on Dec. 31, 2019>
[Title Amended on Dec. 31, 2019]
 Article 33-2 (Acts Subject to Reporting on Alteration of Current State of State-Registered Cultural Heritage)
“Acts prescribed by Presidential Decree” in Article 56 (1) 1 of the Act means any of the following acts that alter the exterior of State-registered cultural heritage (excluding any cultural heritages falling under movable property; hereafter the same shall apply in this Article): Provided, That temporary measures required to prevent damage of State-registered cultural heritage or expansion of damage shall be excluded: <Amended on Dec. 30, 2017; Dec. 31, 2019>
1. Any act that alters the design, color, quality, raw material, etc. of at least 1/4 of the area of the exterior (including the roof) of cultural heritage where the relevant cultural heritage is a building;
2. Any act that alters the design, color, quality, raw material, etc. of at least 1/4 of any of the following areas, where the relevant cultural heritage is a structure other than a building:
(a) An exterior area of a structure, such as a bridge or lighthouse;
(b) An inner surface area of a facility not exposed to outside, such as a tunnel or cave;
(c) An area of State-registered cultural heritage as at the time such cultural heritage is registered pursuant to Article 53 (1) of the Act.
[This Article Newly Inserted on Dec. 23, 2014]
[Title Amended on Dec. 31, 2019]
 Article 34 (Standards and Procedures for Permission for Alteration of Current State of State-Registered Cultural Heritage)
(1) A person who intends to obtain permission for the alteration of current state or to alter permitted matters pursuant to Article 56 (2) of the Act shall file an application for permission stating the name, quantity, and location of the State-registered cultural heritage with the Administrator of the Cultural Heritage Administration via the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. In such cases, the head of a Si/Gun/Gu shall inform the competent Mayor/Do Governor of matters, etc. for which permission is applied for. <Amended on Dec. 23, 2014; Dec. 31, 2019; Nov. 9, 2021>
(2) The Administrator of the Cultural Heritage Administration, in receipt of an application for permission under paragraph (1), shall grant such permission only if an activity for which permission is applied does not affect the basic style, structure, and features of the State-registered cultural heritage. <Amended on Dec. 31, 2019>
(3) Where the Administrator of the Cultural Heritage Administration intends to grant permission under paragraph (2), he or she shall issue a certificate of permission (including revised permission) stating the name of the applicant, the relevant cultural heritage, permitted matters, period and conditions of permission, and other relevant matters, to the applicant via the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. In such cases, the Administrator of the Cultural Heritage Administration shall inform the competent Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) of permitted matters, etc. <Amended on Dec. 23, 2014>
[Title Amended on Dec. 31, 2019]
 Article 35 (Building-to-Land Ratios and Floor Space Ratios of State-Registered Cultural Heritage)
(1) The building-to-land ratio and floor space ratio of State-registered cultural heritage for each special-purpose area under Article 57 of the Act shall be determined within the limit of 150 percent of the building-to-land ratio and floor space ratio applicable to each special-purpose area under Articles 84 and 85 of the Enforcement Decree of the National Land Planning and Utilization Act, taking into consideration the structure, features, and surrounding landscape of such State-registered cultural heritage, but the specific ratios shall be determined by ordinances of the competent local government. <Amended on Dec. 31, 2019>
(2) Where the head of a local government grants a building permit by applying the special exception to the building-to-land ratio and the floor space ratio stipulated under paragraph (1), he or she shall notify the Administrator of the Cultural Heritage Administration of the details of the permit within 15 days from the date on which such permit is granted.
[Title Amended on Dec. 31, 2019]
 Article 36 (Scope of Ordinary Movable Cultural Heritage)
Ordinary movable cultural heritage under Article 60 (1) of the Act shall be movables which fall under the following areas and meet the criteria referred to in attached Table 3:
1. The area of arts, such as pictures, sculptures, artifacts, calligraphy, and stonework;
2. The area of books, such as book series, documents, and carving (carving letters and images);
3. The area of living techniques, such as archaeological materials, folklore materials, and scientific and technical materials;
4. The area of natural history, such as animals, plants, and geological features.
[This Article Wholly Amended on Dec. 31, 2019]
 Article 37 (Verification of Ordinary Movable Cultural Heritage)
(1) Where the Administrator of the Cultural Heritage Administration intends to verify pursuant to Article 60 (5) of the Act, he or she shall receive an appraisal by the cultural heritage appraiser assigned pursuant to Article 60-2 (1) of the Act. <Amended on Oct. 6, 2015>
(2) The cultural heritage appraiser to be assigned pursuant to Article 60-2 (1) of the Act shall be any of the following persons: <Newly Inserted on Oct. 6, 2015; Apr. 6, 2021>
1. A member or expert member of the Cultural Heritage Committee;
2. A senior research official or a professional experienced official of at least Grade Ga in charge of the affairs relevant to movable cultural heritage who is a public official belonging to the Cultural Heritage Administration, the National Museum of Korea, City/Do;
3. A person with at least a bachelor’s degree in movable cultural heritage or other related areas who has engaged in an area related to the cultural heritage concerned for at least two years;
4. A person who holds a position of an assistant professor or higher at a college department relevant to movable cultural heritage or natural monuments or a person who has lectured for at least two years at the aforementioned college department;
5. A person who has authored a book or published at least three thesis papers in the area relevant to movable cultural heritage;
6. A person who has engaged in the area of movable cultural heritage for at least three years consecutively as a State or local government public official of Grade V or higher;
7. A person who has engaged in the area of movable cultural heritage for at least five years consecutively.
(3) The Administrator of the Cultural Heritage Administration may assign a cultural heritage appraiser to the following places pursuant to Article 60-2 (1) of the Act: <Newly Inserted on Oct. 6, 2015; Mar. 29, 2017>
1. An airport under subparagraph 3 of Article 2 of the Airport Facilities Act;
2. An international trade port under subparagraph 2 of Article 2 of the Harbor Act;
3. A clearance post office under Article 256 (2) of the Customs Act;
4. The Inter-Korean Transit Office under Article 30-4 of the Decree on the Organization of the Ministry of Unification and Institutions under Its Jurisdiction.
(4) Matters necessary for the procedures and methods of appraisal under paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Oct. 6, 2015>
[Title Amended on Oct. 6, 2015]
 Article 38 (Schemes for Preservation and Management of Ordinary Movable Cultural Heritage)
(1) Any scheme for the preservation and management of cultural heritage under Article 61 (2) of the Act shall include the following:
1. Current status of ordinary movable cultural heritage;
2. Details of acquisition of ordinary movable cultural heritage and the history of its management and repair;
3. Cultural heritage that requires improvement in preservation and management and the measures for such improvement (including the details of such measures and the time table and method of taking such measures);
4. Plans for the preservation treatment of ordinary movable cultural heritage and the utilization thereof for academic research, etc.
(2) The head of a State agency or a local government in receipt of a request from the Administrator of the Cultural Heritage Administration pursuant to Article 61 (3) of the Act shall report a scheme for the preservation and management of the relevant cultural heritage to the Administrator of the Cultural Heritage Administration within 30 days from the date on which he or she is so requested.
 Article 38-2 Deleted. <Jun. 28, 2016>
 Article 39 (Procedures for Accepting Donations)
(1) The Overseas Cultural Heritage Foundation under Article 69-3 (1) of the Act (hereinafter referred to as the "Overseas Cultural Heritage Foundation") shall issue a receipt to the donor when receiving donations pursuant to Article 69-4 (2) of the Act: Provided, That where a donation is made anonymously or a donor is unknown, a receipt may not be issued.
(2) Where a donor under paragraph (1) specifies the purpose of donations, the Overseas Cultural Heritage Foundation shall use the donations only for such purpose.
(3) Notwithstanding paragraph (2), where any special circumstance makes it impracticable to use donations for the purpose specified by a donor, the Overseas Cultural Heritage Foundation may use such donations for other purposes with the consent of the donor: Provided, That where it is impossible to obtain the consent of the donor under unavoidable circumstances, such as where a donor is unknown, the Overseas Cultural Heritage Foundation may use them for other purposes after posting the relevant information on the website of the Overseas Cultural Heritage Foundation and the Cultural Heritage Administration for at least seven days.
(4) The Overseas Cultural Heritage Foundation shall keep records of the current status of receipt of donations under paragraph (1), the results of use of donations, etc. so that the donors can inspect them and shall disclose relevant facts each year through its website.
(5) The Overseas Cultural Heritage Foundation shall report the status of the receipt and handling of donations for the previous year to the Administrator of the Cultural Heritage Administration within two months after each fiscal year begins pursuant to Article 69-4 (4) of the Act.
[This Article Newly Inserted on Jul. 19, 2022]
 Article 40 (Reporting)
Where a case falling under any subparagraph of Article 73 (1) of the Act arises, the Mayor/Do Governor shall report it to the Administrator of the Cultural Heritage Administration within 15 days from the date on which such case arises.
 Article 41 (Permission for Cultural Heritage Trade Business)
(1) A person who needs to obtain permission for cultural heritage trade business under Article 75 (1) of the Act shall be those who intend to engage in business of trading or exchanging tangible cultural heritage or tangible folklore resources (including any person who intends to engage in such business on commission) which are categorized as movable property and produced at least 50 years ago.
(2) A person who intends to obtain permission for cultural heritage trade business in accordance with Article 75 (1) of the Act shall file an application for permission with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 23, 2014>
(3) Every cultural heritage dealer shall annually report actual circumstances along with documents stating the current status of the preservation of cultural heritage under paragraph (1) and the current status of their trade and exchanges to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by January 31 of the following year, as determined by Ordinance of the Ministry of Culture, Sports and Tourism in accordance with Article 75 (2) of the Act. <Amended on Dec. 23, 2014>
(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in receipt of a report on the actual circumstances under paragraph (3) shall report it to the Administrator of the Cultural Heritage Administration by the last day of February of the following year via the competent Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor). <Amended on Dec. 23, 2014>
 Article 41-2 (Subject-Matters of Cultural Heritage Care Programs)
“As prescribed by Presidential Decree” in Article 80-3 (1) 4 of the Act means cultural heritage that meets all of the following requirements:
1. Cultural heritage recommended by the Administrator of the Cultural Heritage Administration through consultation with the head of a Si/Gun/Gu;
2. Cultural heritage the Administrator of the Cultural Heritage Administration deems necessary to be subject to the cultural heritage care programs under Article 80-3 (1) of the Act (hereinafter referred to as "cultural heritage care program").
[This Article Newly Inserted on Apr. 6, 2021]
 Article 41-3 (Entrustment of Operation of Central Cultural Heritage Care Center)
The Administrator of the Cultural Heritage Administration shall entrust the operation of the Central Cultural Heritage Care Center established pursuant to Article 80-4 (1) of the Act (hereinafter referred to as the "Central Cultural Heritage Care Center") to the Foundation pursuant to paragraph (2) of the same Article.
[This Article Newly Inserted on Apr. 6, 2021]
 Article 41-4 (Operation of Central Cultural Heritage Care Center)
The Foundation entrusted with the operation of the Central Cultural Heritage Care Center pursuant to Article 41-3 may request the head of a local cultural heritage care center under Article 80-5 (1) of the Act (hereinafter referred to as "local cultural heritage care center") to submit data or opinions, where deemed necessary to perform the tasks under the subparagraphs of Article 80-4 (1) of the Act.
[This Article Newly Inserted on Apr. 6, 2021]
 Article 41-5 (Designation of Local Cultural Heritage Care Center)
(1) The standards for designation of a local cultural heritage care center under Article 80-5 (1) of the Act shall be as follows:
1. The local cultural heritage care center shall be any of the following institutions or organizations:
(b) A non-profit corporation established under Article 32 of the Civil Act;
(d) A special corporation established under any special Act;
2. The local cultural heritage care center shall be equipped with the following facilities necessary to implement cultural heritage care programs:
(a) An office to perform the affairs of the local cultural heritage care center;
(b) A facility that can keep equipment necessary for preserving and managing cultural heritage;
3. The local cultural heritage care center shall have an appropriate business plan.
(2) An institution or organization that intends to be designated as a local cultural heritage care center shall submit an application prescribed by Ordinance of the Ministry of Culture, Sports and Tourism to a Mayor/Do Governor, along with documents and a business plan proving that the requirements for designation under paragraph (1) 1 and 2 are met.
(3) Where a Mayor/Do Governor deems that an institution or organization that has filed an application under paragraph (2) meets all the standards for designation under the subparagraphs of paragraph (1), he or she may designate a relevant institution or organization as a local cultural heritage care center.
(4) Where a Mayor/Do Governor designates a local cultural heritage care center pursuant to paragraph (3), he or she shall publish such fact on the website of the relevant City/Do and issue a certificate of designation of a local cultural heritage care center prescribed by Ordinance of the Ministry of Culture, Sports and Tourism to a designated institution or organization without delay.
[This Article Newly Inserted on Apr. 6, 2021]
 Article 41-6 (Revocation of Designation of Local Cultural Heritage Care Center)
(1) The standards for revocation of designation of a local cultural heritage care center under Article 80-5 (2) of the Act shall be as specified in attached Table 3-2.
(2) Where a Mayor/Do Governor revokes the designation of a local cultural heritage care center pursuant to Article 80-5 (2) of the Act, he or she shall publish such fact on the website of the relevant City/Do.
[This Article Newly Inserted on Apr. 6, 2021]
 Article 41-7 (Evaluation of Local Cultural Heritage Care Center)
(1) The Administrator of the Cultural Heritage Administration shall evaluate a local cultural heritage care center pursuant to Article 80-6 (1) of the Act by December 31 each year.
(2) To conduct an evaluation pursuant to paragraph (1), the Administrator of the Cultural Heritage Administration shall prepare evaluation guidelines, including the timing and methods of evaluation, and notify a Mayor/Do Governor and the head of a local cultural heritage care center thereof.
(3) Before disclosing the results of an evaluation pursuant to Article 80-6 (2) of the Act, the Administrator of the Cultural Heritage Administration shall notify a relevant local cultural heritage care center to which the results of the evaluation are to be disclosed of such fact, thereby giving the center an opportunity to submit explanatory materials or opinions.
(4) Upon completion of an evaluation under paragraph (1), the Administrator of the Cultural Heritage Administration shall publish evaluation results, including evaluation scores and ratings, on the website of the Cultural Heritage Administration without delay.
[This Article Newly Inserted on Apr. 6, 2021]
 Article 42 (Delegation of Authority)
(1) Pursuant to Article 82 of the Act, the Administrator of the Cultural Heritage Administration delegates the following authority to the Director of the Royal Palaces and Tombs Center with respect to the cultural heritage under the jurisdiction of the Director of the Director of the Royal Palaces and Tombs Center:
1. Affairs relating to permit or change in permit under Article 35 of the Act (including where the same provisions apply mutatis mutandis under Article 47 of the Act);
2. Affairs relating to revocation of permit under Article 37 of the Act (including where the same provisions apply mutatis mutandis under Article 47 of the Act);
3. Affairs relating to overseas export permission under Article 39 of the Act (including where the same provisions apply mutatis mutandis under Article 47 of the Act);
4. Affairs relating to acceptance of reporting under Article 40 of the Act (including where the same provisions apply mutatis mutandis under Article 47 of the Act);
5. Affairs relating to administrative orders under Article 42 of the Act (including where the same provisions apply mutatis mutandis under Article 47 of the Act);
6. Restrictions on disclosure and disclosure of State-designated cultural heritage pursuant to Article 48 of the Act;
7. Collection and reduction of admission fees pursuant to Article 49 of the Act (including cases applied mutatis mutandis pursuant to Article 59 (2) of the Act);
8. Receiving reports prescribed in subparagraph 7 of Article 55 of the Act;
9. Permission or permission to change under Article 56 (2) of the Act;
10. Hearing under subparagraph 3 of Article 88 of the Act;
11. Imposition and collection of administrative fine pursuant to Article 103 of the Act (applicable only when necessary to handle the delegated authority).
(2) The Administrator of the Cultural Heritage Administration shall delegate the following authority to the competent Mayor/Do Governor pursuant to Article 82 of the Act:
1. Consultation for permission or permission for alteration under Article 87 (1) 3 of the Act;
2. Notification pursuant to Article 47 (2).
[This Article Wholly Amended on May 26, 2020]
 Article 42-2 (Claim for Reinstatement Expenses)
(1) Where the Administrator of the Cultural Heritage Administration or the head of a local government claims expenses incurred in reinstatement under Article 82-3 (3) of the Act, he or she shall issue a notice of payment, stating the amount to be paid, the deadline for payment, the place of payment, etc. to a person who commits an act under paragraph (1) of the same Article. In such cases, the deadline for payment shall not exceed 60 days from the date the notice of payment is sent.
(2) The amount to be paid under paragraph (1) shall be the expenses incurred by the Administrator of the Cultural Heritage Administration or the head of a local government in reinstating damaged cultural heritage.
[This Article Newly Inserted on Dec. 1, 2020]
 Article 43 (Scope of Investigative Authority)
(1) The investigative authority referred to in Article 86 of the Act means the following agencies: <Amended on Jul. 19, 2022>
1. A prosecutor of;
2. A judicial police officer under Article 197 of the Criminal Procedure Act;
3. A person who performs the duties of a judicial police officer pursuant to Article 47 of the Prosecutors' Office Act;
4. A State public official or a local public official under subparagraph 14 of Article 5 of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties;
5. A customs official under Article 295 of the Customs Act.
(2) No person falling under any subparagraph of paragraph (1) may be an informant under Article 86 (1) of the Act.
 Article 44 (Handling Information Received)
An investigative agency in receipt of any information under Article 86 of the Act shall prepare a record of information and submit it to the Administrator of the Cultural Heritage Administration, as determined by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 45 (Payment of Monetary Rewards)
(1) Guidelines for the payment of monetary rewards under Article 86 of the Act shall be as follows: <Amended on Oct. 6, 2015>
ClassAmount of Monetary Rewards
InformantContributor to Arrest
Class 120 million won4 million won
Class 215 million won3 million won
Class 310 million won2 million won
Class 45 million won1 million won
Class 52.5 million won500,000 won
(2) Guidelines for the payment of monetary rewards under paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 46 (Distribution of Monetary Rewards)
In making payment of monetary rewards in accordance with Article 45, if there are at least two informants or persons who have contributed to the arrest of offenders, the Administrator of the Cultural Heritage Administration shall determine their due shares, taking into account of their respective contributions: Provided, That if the persons who are entitled to monetary rewards have reached an agreement on their shares in advance, distribution may be made according to agreed amounts or proportions.
[This Article Wholly Amended on Oct. 6, 2015]
 Article 47 (Designation of Historic Sites within Boundaries of Natural Park Areas)
(1) Cases for which consultation with the competent park management authority is required pursuant to Article 87 (1) and (2) of the Act are as follows: <Amended on Dec. 23, 2014>
1. In cases of Article 87 (1) 1 or 2 of the Act: Where an area or zone of not less than 30,000 square meters is designated within a park area under the Natural Parks Act;
2. In cases of Article 87 (1) 3 and 87 (2) of the Act: Where permission or revised permission under Article 35 (1) of the Act is granted in a park area under the Natural Parks Act (limited to cases referred to in each subparagraph of Article 23 (1) of the Natural Parks Act, but excluding extending, renovating, reconstructing, or relocating State-designated or City/Do-designated cultural heritage or a cultural heritage resource, or its protective facility, or painting the exterior of such cultural heritage, resource or facility).
(2) Where the Administrator of the Cultural Heritage Administration designates an area or zone of less than 30,000 square meters within a park area under the Natural Parks Act and does an act falling under Article 87 (1) 1 and 2 of the Act, he or she shall notify the competent park management authority of the details thereof.
 Article 47-2 (Management of Personally Identifiable Information)
If it is inevitable in conducting any of the following affairs, a Special Self-Governing Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may manage data which includes resident registration numbers or foreigner registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs relating to permission, report, or report on change of cultural heritage trading business under Article 75 of the Act.;
2. Affairs relating to a report on the succession of a cultural heritage trading business under Article 75-2 (2) of the Act;
3. Affairs related to approval for books on transactions, exchanges, etc. under Article 78 (2) of the Act;
4. Revoking permission for cultural heritage trading business under Article 80 of the Act.
[This Article Newly Inserted on May 26, 2020]
 Article 47-3 (Re-Examination of Regulation)
The Administrator of the Cultural Heritage Administration shall review the appropriateness of the standards for the revocation of designation of a cultural heritage education support center and the standards for the suspension of its business under Article 10-3 (5) and attached Table 1 every three years counting from January 1, 2022 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements.
[This Article Newly Inserted on Mar. 8, 2022]
 Article 48 (Criteria for Imposing Administrative Fines)
(1) Criteria for the imposition of an administrative fine under Article 103 of the Act shall be as specified in attached Table 4. <Amended on Dec. 31, 2019>
(2) The Administrator of the Cultural Heritage Administration, a Mayor/Do Governor, or the head of a Si/Gun/Gu may increase or decrease an administrative fine up to 1/2 of its amount in accordance with the standards under paragraph (1) in consideration of the motive, content, frequency, gravity, etc. of violations: Provided, That if so increased, the total amount of the administrative fine may not exceed its ceiling provided for in Article 103 of the Act.
ADDENDUM <Presidential Decree No. 22560, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2011.
Article 2 (Transitional Measures concerning Selection of Assistant Instructors for Initiation)
The previous provisions shall apply to a person who is undergoing a procedure for selecting assistant instructors for initiation into important intangible cultural heritage under the previous provisions as at the time this Decree enters into force, notwithstanding Article 26.
Article 3 (Transitional Measures concerning Recommendation on Designation of City/Do-Designated Cultural Heritage)
The Mayor/Do Governor who is recommended to designate or preserve cultural heritage as City/Do-designated cultural heritage or cultural heritage resource (including its protective facilities or protection zones) from the Administrator of the Cultural Heritage Administration under the previous provisions as at the time this Decree enters into force shall determine whether to designate as such, following deliberation thereon by the competent City/Do Cultural Heritage under Article 71 (1) of the Act within one year from the date this Decree enters into force.
Article 4 (General Transitional Measures concerning Administrative Dispositions, etc.)
An act performed by or in relation to an administrative agency under the previous provisions as at the time this Decree enters into force shall be deemed an act performed by or in relation to an administrative agency under this Decree corresponding thereto.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes)
A citation of any provision of the previous Enforcement Decree of the Cultural Heritage Employment Protection Act by any other statute as at the time this Decree enters into force shall be deemed a citation of the provisions of this Decree in lieu of the previous provisions, if such corresponding provision exists herein.
ADDENDUM <Presidential Decree No. 23862, Jun. 19, 2012>
This Decree shall enter into force on July 27, 2012.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25576, Aug. 27, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 29, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25873, Dec. 23, 2014>
This Decree shall enter into force on January 29, 2015.
ADDENDA <Presidential Decree No. 26575, Oct. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016: Provided, That the amended provisions of Articles 45 (1) and 46 shall enter into force on January 1, 2016.
Article 2 (Applicability to Procedures for Permission for Alteration of Current State)
The amended provisions of Article 21 shall apply beginning with an application for permission for alteration of the current state of State-designated cultural heritage or for alteration of permitted matters under Article 35 (1) of the Act after this Decree enters into force.
Article 3 (Transitional Measures concerning Payment of Monetary Rewards)
Notwithstanding the amended provisions of Articles 45 (1) and 46, the former provisions shall apply where a person informs the investigative authority of a person who has committed or attempted any crime provided in Articles 90 through 92 of the Act or Article 31 of the Act on Protection and Inspection of Buried Cultural Heritage or contributes to the arrest of such person before the enforcement date under the proviso to Article 1 of the Addenda.
ADDENDUM <Presidential Decree No. 27272, Jun. 28, 2016>
This Decree shall enter into force on August 4, 2016.
ADDENDUM <Presidential Decree No. 27720, Dec. 30, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27810, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017. <Proviso Omitted.>
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28104, Jun. 13, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 8 shall enter into force on June 21, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28685, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3-2, 8, and 8-2 of this Decree, and the amended provisions of subparagraph 2 (a) and (b) of attached Table 3 shall enter into force on March 22, 2018.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of subparagraph 2 (a) of the attached Table 3, application of the criteria for imposition of administrative fines against violations committed before this Decree enters into force shall be governed by the former provisions.
(2) Administrative fines imposed against the violations committed before this Decree enters into force shall be counted in the number of violations under the amended provisions of subparagraph 2 (a) of attached Table 3.
ADDENDUM <Presidential Decree No. 28908, May 28, 2018>
This Decree shall enter into force on May 28, 2018.
ADDENDUM <Presidential Decree No. 29328, Dec. 4, 2018>
This Decree shall enter into force on December 13, 2018.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
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.
ADDENDA <Presidential Decree No. 30285, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 36 and 48 (1) and attached Tables 3 and 4 shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30704, May 26, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 27, 2020.
Article 2 Omitted.
ADDENDUM <President Decree No. 31205, Dec. 1, 2020>
This Decree shall enter into force on December 10, 2020.
ADDENDA <Presidential Decree No. 31379, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Requirements for Designation or Entrustment)
This Decree shall begin to apply to cases where procedures for designation or entrustment commence to make designation or entrustment under statutes or regulations amended under this Decree after this Decree enters into force.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31600, Apr. 6, 2021>
This Decree shall enter into force on June 10, 2021.
ADDENDA <Presidential Decree No. 32111, Nov. 9, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2021. (Proviso Omitted.)
Article 2 (Transitional Measures concerning Standards for Designating State-Designated Cultural Heritage)
Where procedures for the designation of State-designated cultural heritage are in progress under Article 11 as at the time this Decree enters into force, the previous provisions shall apply to the standards for the designation thereof, notwithstanding the amended provisions of attached Table 1-2.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32807, Jul. 19, 2022>
This Decree shall enter into force on July 19, 2022.