ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE PRESERVATION AND PROMOTION OF ANCIENT CITIES
Presidential Decree No. 18730, Mar. 5, 2005
Amended by Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20222, Aug. 17, 2007
Presidential Decree No. 20935, Jul. 24, 2008
Presidential Decree No. 21812, Nov. 9, 2009
Presidential Decree No. 22560, Dec. 29, 2010
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23994, Jul. 26, 2012
Presidential Decree No. 24279, Dec. 28, 2012
Presidential Decree No. 24450, Mar. 23, 2013
Presidential Decree No. 26522, Sep. 15, 2015
Presidential Decree No. 26774, Dec. 30, 2015
Presidential Decree No. 27323, Jul. 6, 2016
Presidential Decree No. 27471, Aug. 31, 2016
Presidential Decree No. 28027, May 8, 2017
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32878, Aug. 23, 2022
[This Article Wholly Amended on Jul. 24, 2008]
| Article 2 (Plans Taking Priority over Master Plans to Preserve and Promote Ancient Cities) |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
| Article 3 (Matters Subject to Deliberation by Central Committee for Deliberation on Preservation and Promotion of Ancient Cities) |
| 1. | Matters concerning the establishment and implementation of measures for resettlement under Article 18 of the Act; |
| 2. | Matters concerning the organizational structure, human resources, financing, etc. necessary for the implementation of a master plan to preserve and promote ancient cities under Article 8 of the Act (hereinafter referred to as "master plan"); |
| 3. | Other matters tabled by the chairperson of the Central Committee for Deliberation on Preservation and Promotion of Ancient Cities (hereinafter referred to as the "Central Deliberative Committee") provided for in Article 5 of the Act for deliberation, concerning ancient cities preservation and promotion projects (hereinafter referred to as "preservation and promotion project") and resident support projects. |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
| Article 4 (Duties of Chairperson) |
| (1) | The chairperson of the Central Deliberative Committee shall represent the Central Deliberative Committee and exercise overall control of its affairs. <Amended on Jul. 26, 2012> |
| (2) | Vice chairpersons of the Central Deliberative Committee shall assist the chairperson of the Central Deliberative Committee (hereinafter referred to as the "chairperson"), and when the chairperson is unable to perform any of his or her duties in any extenuating circumstances, they shall act on behalf of the chairperson in the order of the vice chairperson appointed by the Administrator of the Cultural Heritage Administration, from among public officials who are members of the Senior Executive Service; and the vice chairperson appointed by the Minister of Land, Infrastructure and Transport, from among public officials who are members of the Senior Executive Service. <Amended on Nov. 9, 2009; Jul. 26, 2012; Mar. 23, 2013> |
| (3) | Deleted. <Nov. 9, 2009> |
[This Article Wholly Amended on Jul. 24, 2008]
| Article 5 (Term of Office of Members) |
The term of office of a non-public official member shall be two years, and the term of office of a supplementary member shall be the remainder of his or her predecessor's term of office.
[This Article Wholly Amended on Jul. 24, 2008]
| Article 6 (Meetings of Central Deliberative Committee) |
| (1) | Meetings of the Central Deliberative Committee shall be convoked by the chairperson when he or she deems necessary or when requested by at least five incumbent members. <Amended on Jul. 26, 2012> |
| (2) | When the chairperson convokes a meeting, he or she shall notify members of the Central Deliberative Committee of the date, time, and the venue of the meeting, and agenda items for deliberation, not later than three days before the meeting: Provided, That they may be notified not later than the day before the meeting, in emergencies. <Amended on Jul. 26, 2012> |
| (3) | A majority of the members of the Central Deliberative Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. <Amended on Jul. 26, 2012> |
| (4) | Where a member who is a public official is unable to attend a meeting due to unavoidable cause, a public official in the class immediately below him or her may attend on behalf of such member and perform duties on his or her behalf. <Newly Inserted on Sep. 15, 2015> |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
| Article 6-2 (Exclusion, Challenge and Evasion of Members) |
| (1) | If a member of the Central Deliberative Committee falls under any of the following he or she shall be excluded from the deliberation and resolution by the Cleanup Committee: |
| 1. | Where he or she, or his or her current or former spouse, becomes a party to the relevant agenda item (where the party is a corporation, organization, etc., including the executives thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) or holds any right or duty jointly with the party to such agenda item; |
| 2. | Where he or she is or was a relative of a party to the relevant agenda item; |
| 3. | Where he or she has given any advice, or conducted any research, service (including under subcontract), appraisal or examination with respect to the relevant agenda; |
| 4. | Where he or she or any corporation, organization, etc. to which he or she belongs, is or was an agent of a party to the relevant agenda; |
| 5. | Where any corporation, etc. where he or she is holding or has held a post as an executive officer or employee within the preceding three years has given any advice, or conducted any research, service (including under subcontract), appraisal or examination with respect to the relevant agenda. |
| (2) | Where any extenuating circumstance exists making it difficult to expect the impartial deliberation and resolution of any member of the Central Deliberative Committee, a party to the relevant agenda may file a request to challenge him or her with the Central Deliberative Committee, and the Central Deliberative Committee shall make a determination on such request by its resolution. In such cases, the member subject to such request for challenge shall not participate in the resolution. |
| (3) | If any member has grounds for exclusion set forth in the subparagraphs of paragraph (1), he or she shall notify the Central Deliberative Council of such fact and voluntarily abstain from deliberation and resolution on the relevant agenda item. |
[This Article Newly Inserted on Sep. 15, 2015]
| Article 6-3 (Dismissal of Members) |
Where a member of the Central Deliberative Committee falls under any of the following cases, the Administrator of the Cultural Heritage Administration may dismiss such member from office:
| 1. | Where he or she fails to abstain from the deliberation or resolution of the relevant agenda item despite falling under a case set forth in any subparagraph of Article 6-2 (1); |
| 2. | Where he or she is deemed unsuitable as a member due to delinquency of duties, injury to dignity, or any other reason. |
[This Article Newly Inserted on Sep. 15, 2015]
| Article 6-4 (Expert Member) |
| (1) | Not more than 15 expert members referred to in Article 5 (5) of the Act shall be commissioned by the Administrator of the Cultural Heritage Administration, from among persons with abundant knowledge and experience in the field of cultural heritage, urban planning, civil engineering, landscape, environment, history, tourism, etc., in consideration of gender. |
| (2) | The term of office of an expert member shall be two years: Provided, That the term of office of an expert member newly commissioned due to such reason as resignation of an expert member shall be the remaining term of office of the former expert member. |
| (3) | Where an expert member falls under any of the following subparagraphs, the Administrator of the Cultural Heritage Administration may remove the relevant expert member from office: |
| 1. | Where he or she becomes unable to perform his or her duties due to mental disability; |
| 2. | Where there exists any corruption or illegality related to his or her duties; |
| 3. | Where he or she is deemed inappropriate as an expert member due to his or her neglect of duties, injury to dignity, or other reasons; |
| 4. | Where he or she declares that it is difficult for him or her to perform duties. |
[This Article Newly Inserted on May 8, 2017]
| Article 7 (Executive Secretary and Clerk) |
| (1) | The Central Deliberative Committee shall have one executive secretary and one clerk to take charge of administrative affairs of the Central Deliberative Committee. <Amended on Jul. 26, 2012> |
| (2) | The executive secretary and the clerk shall be appointed by the Administrator of the Cultural Heritage Administration, from among public officials of the Cultural Heritage Administration. |
[This Article Wholly Amended on Jul. 24, 2008]
| Article 8 (Subcommittees) |
| (1) | Subcommittees may be established under the Central Deliberative Committee to deliberate on and address the matters delegated by the Central Deliberative Committee. <Amended on Jul. 26, 2012> |
| (2) | A subcommittee may be comprised of not more than seven members designated by the chairperson and request relevant experts to appear and hear their opinions, if necessary. |
| (3) | Matters designated by the Central Deliberative Committee among the matters deliberated by a subcommittee shall be deemed deliberated by the Central Deliberative Committee. <Amended on Jul. 26, 2012> |
| (4) | Other matters necessary for the operation of subcommittees shall be determined by the chairperson following resolution by the Central Deliberative Committee. <Amended on Jul. 26, 2012> |
[This Article Wholly Amended on Jul. 24, 2008]
| Article 9 Deleted. <Jul. 24, 2008> |
| Article 10 (Detailed Operation Rules) |
Except as provided in this Decree, matters necessary for the operation of the Central Deliberative Committee shall be determined by the chairperson following resolution by the Central Deliberative Committee. <Amended on Jul. 26, 2012>
[This Article Wholly Amended on Jul. 24, 2008]
| Article 11 (Feasibility Studies) |
| (1) | Feasibility study under Article 6 (1) of the Act shall include the following matters of an area deemed as requiring examination for designation as an ancient city: <Amended on Apr. 10, 2012; Presidential Decree No. 23994, Jul. 26, 2012; Sep. 15, 2015; May 8, 2017> |
| 1. | Current status of cultural heritages (including protection zones); |
| 2. | Current status of areas where cultural heritage assets are expected to be dispersed; |
| 3. | Current status of and plan for the use of cultural heritage assets referred to in subparagraphs 1 and 2 and the surrounding land where cultural heritage assets are expected to be dispersed; |
| 4. | Matters concerning geological features, environment, landscape, etc.; |
| 6. | Historical and academic significance of the relevant area; |
| 7. | Necessity of preserving the historical and cultural environment of the relevant area; |
| 8. | Effects of the designation of an ancient city on the surrounding area, etc.; |
| 9. | Other matters that the Administrator of the Cultural Heritage Administration, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or Do Governor (hereinafter referred to as "Mayor/Do Governor"), a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) deems necessary. |
| (2) | The Administrator of the Cultural Heritage Administration, the Mayor/Do Governor, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the heads of related administrative agencies to submit data necessary to conduct a feasibility study under paragraph (1). <Amended on Sep. 15, 2015; May 8, 2017> |
| (3) | Where any data is examined under any other statutes as to the matters to be examined in conducting a feasibility study, the Administrator of the Cultural Heritage Administration, the Mayor/Do Governor, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may utilize such data. <Amended on Sep. 15, 2015; May 8, 2017> |
| (4) | The Administrator of the Cultural Heritage Administration, the Mayor/Do Governor (hereinafter referred to as "Mayor/Do Governor"), a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may entrust a feasibility study under paragraph (1) to a relevant specialized institution. <Amended on Jul. 26, 2012; Sep. 15, 2015; May 8, 2017> |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Sep. 15, 2015]
| Article 11-2 (Basic Surveys) |
| (1) | A basic survey under Article 6 (2) of the Act shall include the following matters of an area subject to formulation or alteration of a master plan to preserve and promote ancient cities: |
| 1. | Current status of cultural heritages (including protection zones); |
| 2. | Current status of areas where cultural heritages are expected to be dispersed; |
| 3. | Current status of and plan for the use of cultural heritage assets referred to in subparagraphs 1 and 2 and the surrounding land where cultural heritage assets are expected to be dispersed; |
| 4. | Regional characteristics, such as population and natural environment; |
| 5. | Current status of cultural industry and tourism industry; |
| 7. | Other matters that a Mayor/Do Governor, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu deems necessary. |
| (2) | Article 11 (2) through (4) shall apply mutatis mutandis to a basic survey conducted under paragraph (1). In such cases, "feasibility study" shall be deemed "basic survey." |
[This Article Newly Inserted on Sep. 15, 2015]
| Article 12 (Criteria for Designating Ancient Cities) |
| (1) | Criteria for designating an ancient city under Article 7 (1) of the Act shall be as follows: <Amended on Aug. 23, 2022> |
| 1. | It shall be any of the following regions, while having a significant historic value: |
| (a) | A capital or temporary capital at a specific time; |
| (b) | A center of politics and culture at a specific time; |
| 2. | There shall be tangible and intangible cultural heritage related to an ancient city preserved in the relevant area. |
| (2) | Where the Mayor/Do Governor, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to request designation of an ancient city under Article 7 (2) of the Act, he or she shall submit the following documents to the Administrator of the Cultural Heritage Administration: Provided, That the head of a Si/Gun/Gu shall submit the relevant documents to the Administrator of the Cultural Heritage Administration through the competent Mayor/Do Governor: <Amended on Sep. 15, 2015; May 8, 2017; Aug. 23, 2022> |
| 2. | A document on the result of gathering consensus from local residents, etc.; |
| 3. | A document on the result of consultation with the competent Mayor/Do Governor (applicable only to the head of a Si/Gun/Gu); |
| 4. | A document on the result of hearing opinions of the head of the relevant Si/Gun/Gu (applicable only to the Mayor/Do Governor); |
| 5. | A master plan for the preservation and promotion of an area requested for designation as an ancient city. |
| (3) | Upon receipt of the written results of a feasibility study under paragraph (2) 1, the Administrator of the Cultural Heritage Administration shall examine the appropriateness of the written results of the feasibility study before undergoing deliberation by the Central Deliberative Committee pursuant to Article 7 (1) of the Act. <Newly Inserted on Aug. 23, 2022> |
[This Article Newly Inserted on Jul. 26, 2012]
[Title Amended on Aug. 23, 2022]
[Previous Article 12 moved to Article 16-4 <Jul. 26, 2012>]
[Article 13 moved to Article 16-5 <Jul. 26, 2012>]
| Article 14 (Formulation of Master Plans) |
| (1) | In formulating a master plan under Article 8 (1) of the Act, a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall formulate it for a ten-year period, and shall reexamine it every five years taking into account changes in social and economic conditions, etc. <Amended on Nov. 9, 2009; Jul. 26, 2012; Sep. 15, 2015> |
| (2) | Notwithstanding paragraph (1), where any change is made to the form and scope of a historical and cultural environment preservation and promotion district or historical and cultural environment special preservation district (hereinafter referred to as "designated district") pursuant to Article 10 (1) of the Act, a master plan shall be amended without delay to reflect the changed matters. <Amended on Jul. 26, 2012> |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
| Article 15 (Matters to be Included in Master Plans) |
"Matters prescribed by Presidential Decree" in Article 8 (2) 10 of the Act means any of the following matters: <Amended on Jul. 26, 2012> | 1. | Where any private capital needs to be induced, projects requiring it and a plan for inducing it; |
| 2. | A plan to promote preservation and promotion projects and resident support projects by year; |
| 3. | An annual financial investment plan; |
| 4. | Matters concerning a promotion organization for preservation and promotion projects and resident support projects; |
| 5. | Deleted. <Jul. 26, 2012> |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
| Article 16 (Public Announcement of Master Plans) |
Where a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu intends to publicly announce a master plan under Article 8 (4) of the Act, he or she shall publish the master plan in at least two daily newspapers, bulletin boards and the website of the Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to make it available to the general public for inspection for at least 30 days. <Amended on Nov. 9, 2009; Jul. 26, 2012; Sep. 15, 2015> [This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
| Article 16-2 (Matters to be Included in Implementation Plans for Preservation and Promotion of Ancient Cities) |
An implementation plan for the preservation and promotion of an ancient city under Article 8-2 (1) of the Act (hereinafter referred to as "implementation plan") shall include the following matters: | 1. | Direction-setting for project promotion; |
| 2. | Detailed project plan; |
| 3. | Project costs and fund-raising plan. |
[This Article Newly Inserted on Jul. 26, 2012]
| Article 16-3 (Public Announcement of Implementation Plans) |
Where a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu intends to publicly announce an implementation plan under Article 8 (2) of the Act, he or she shall publicly announce the implementation plan through at least two daily newspapers, and bulletin boards and the website of the Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu to make it available to the general public for inspection for at least 30 days. <Amended on Sep. 15, 2015> [This Article Newly Inserted on Jul. 26, 2012]
| Article 16-4 (Collecting Opinions of Local Residents) |
| (1) | Deleted. <Jul. 26, 2012> |
| (2) | Where the Administrator of the Cultural Heritage Administration, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to collect opinions of local residents under Article 8 (3) or 9 (1) of the Act, he or she shall publicly announce such fact through at least two daily newspapers, and bulletin boards and the website of the Administrator of the Cultural Heritage Administration, Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (including autonomous Gus) to make it available to the general public for inspection for at least 30 days. <Amended on Jul. 26, 2012; Sep. 15, 2015; May 8, 2017> |
| (3) | A person who has an opinion on any matter inspected under paragraph (2) may present his or her opinion during the inspection period, and the Administrator of the Cultural Heritage Administration, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, within 60 days from the end date of the inspection period, examine whether to reflect a submitted opinion and inform the result thereof to the person who has submitted it. <Amended on Jul. 26, 2012; Sep. 15, 2015; May 8, 2017> |
[This Article Wholly Amended on Jul. 24, 2008]
[Moved from Article 12 <Jul. 26, 2012>]
| Article 16-5 (Public Announcement of Designation of Designated Districts) |
| (1) | Where the Administrator of the Cultural Heritage Administration intends to publicly announce the designation, revocation or alteration of a designated district under Article 10 (4) of the Act (hereinafter referred to as "designation, etc."), he or she shall publish the following matters in the Official Gazette: <Amended on Jul. 26, 2012; May 8, 2017> |
| 1. | Details of the designated district, such as its name, location and size; |
| 2. | Grounds for the designation, etc.; |
| 3. | Other matters necessary for the designation, etc. |
| (2) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in receipt of copies of the relevant documents shall publicly announce the contents thereof through at least two daily newspapers, and bulletin boards and the website of the Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu to make it available to the general public for inspection for at least 30 days. <Amended on Jul. 26, 2012; Sep. 15, 2015> |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
[Moved from Article 13 <Jul. 26, 2012>]
| Article 17 Deleted. <Jul. 26, 2012> |
| Article 18 (Acts that Affect or Are Likely to Affect Preservation of Historical and Cultural Environments of Ancient Cities) |
"Acts prescribed by Presidential Decree" in Article 11 (1) 5 of the Act means any of the following conducts: <Amended on Jul. 6, 2016; Jul. 2, 2019> | 1. | Changing geographical features, including reclaiming, cutting, filling, excavating, and drilling land and surface of water; |
| 2. | Changing watercourse, water quality or quantity; |
| 3. | Generating noise or vibrations, or discharging air pollutants, chemical substances, dust, heat, etc.; |
| 4. | Scattering, discharging or disposing of contaminated water, excreta, waste water, etc.; |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
| Article 18-2 (Minor Acts within Historical and Cultural Environment Special Preservation Districts) |
Minor acts that the Administrator of the Cultural Heritage Administration can permit without deliberation of the Central Deliberative Committee pursuant to Article 11 (2) of the Act shall be those falling under any of the following subparagraphs: <Amended on Jul. 2, 2019> | 1. | Constructing a new temporary structure or moving and constructing a temporary structure referred to in Article 20 of the Building Act by the scope of not exceeding two years of retention period, 5 meters of maximum height (7.5 meters in cases of pitched roof), and 50 square meters of floor area; |
| 2. | Extending a building that existed at the time of designation of the district by not more than 10 percent only once without any change in the number of floors; |
| 3. | Planting or felling trees by the scope of not exceeding 330 square meters; |
| 4. | Felling or thinning trees for the prevention of damage by blight and harmful insects or for the growth and development of trees; |
| 5. | Piling up earth and stone by the scope of not exceeding two years of retention period, 2 meters of maximum height, and 25 square meters of floor area; |
| 6. | Extending or re-paving a road by the scope of not exceeding 6 meters in width. |
[This Article Newly Inserted on May 8, 2017]
| Article 19 (Acts that Affect Preservation and Promotion of Historical and Cultural Environments of Ancient Cities) |
[This Article Wholly Amended on Jul. 24, 2008]
[Title Amended on Jul. 26, 2012]
| Article 19-2 (Minor Acts within Historical and Cultural Environment Preservation and Promotion Districts) |
Minor acts that the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu can permit without deliberation of a regional committee for deliberation on preservation and promotion of an ancient city referred to in Article 5-2 (1) of the Act pursuant to Article 11 (4) of the Act shall be those falling under any of the following subparagraphs: <Amended on Jul. 2, 2019; Aug. 23, 2022> | 1. | Constructing a new temporary structure or moving and constructing a temporary structure referred to in Article 20 of the Building Act by the scope of not exceeding two years of retention period, 10 meters of maximum height (12 meters in cases of pitched roof), and 85 square meters of floor area; |
| 2. | Extending or altering a building by the scope of a floor area not exceeding 85 square meters without any change in the number of floors; |
| 3. | Extending a building that existed at the time of designation of the district (limited to cases where the sum of floor areas exceeds 85 square meters) by not more than 20 percent only once without any change in the number of floors; |
| 4. | Planting or felling trees by the scope of not exceeding 330 square meters; |
| 5. | Felling or thinning trees for the prevention of damage by blight and harmful insects or for the growth and development of trees; |
| 6. | Extending or re-paving a road by the scope of not exceeding 6 meters in width; |
[This Article Newly Inserted on May 8, 2017]
| Article 19-3 (Application for Permission for Acts within Designated Districts) |
| (1) | A person who intends to obtain permission for acts within designated districts pursuant to the provisions of Article 11 (1) through (4) shall submit an application to the relevant Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sport and Tourism. |
| (2) | When granting permission pursuant to the provisions of Article 11 (1) through (4) of the Act, the Administrator of the Cultural Heritage Administration, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a written permission to the applicant, as prescribed by Ordinance of the Ministry of Culture, Sport and Tourism. |
[This Article Newly Inserted on May 8, 2017]
| Article 20 (Acts that May be Conducted without Obtaining Permission) |
"Acts prescribed by Presidential Decree" in Article 11 (5) of the Act means any of the following conducts: <Amended on May 8, 2017> | 1. | Improving or repairing the interior facilities of a structure without altering the external form of the structure; |
| 2. | Changing the shape and quality of land to the extent of not exceeding 60 square meters (where changes to the shape and quality of land are made partially or adjacently a few times, referring to the whole area of such land); |
| 3. | Deforesting withered trees; |
| 4. | Any other improvement or repair that does not change the appearance of facilities. |
[This Article Wholly Amended on Jul. 24, 2008]
| Article 20-2 (Standards for Permission) |
| (1) | Specific standards for permission for the conducts referred to in the main clause of Article 11 (8) of the Act are as specified in attached Table 1. <Amended on Dec. 28, 2012; Sep. 15, 2015; May 8, 2017> |
| (2) | If it becomes necessary to determine any different standards for permission under the proviso of Article 11 (8) of the Act, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall submit an ordinance bill which prescribes the standards for permission to the Administrator of the Cultural Heritage Administration, along with the documents stating the following matters: <Amended on Sep. 15, 2015; May 8, 2017> |
| 1. | Reasons for determining the different standards for permission; |
| 2. | Other matters necessary to prescribe the standards for permission. |
[This Article Newly Inserted on Jul. 26, 2012]
| Article 20-3 (Report on Commencement, etc. of Matters Permitted within Designated Districts) |
Where a person who obtained permission for acts pursuant to the provisions of Article 11 (1) through (4) intends to report on the commencement, alteration, or completion of the matters permitted pursuant to paragraph (9), he or she shall submit the relevant report to the permitting authority within 30 days from the date when the grounds therefor occur. [This Article Newly Inserted on May 8, 2017]
[Previous Article 20-3 moved to Article 20-4 <May 8, 2017>]
| Article 20-4 (Acquisition or Use of Land Located outside Designated Districts) |
"Land, etc. located outside the designated district prescribed by Presidential Decree" in Article 17 (3) of the Act means any of the following things or rights: | 1. | Things or rights prescribed in the subparagraphs of Article 17 (1) of the Act (hereafter referred to as "land, etc." in this Article), the acquisition or use of which is necessary to implement any preservation and promotion project or resident support project; |
| 2. | Land, etc. likely to cause harm directly to historical and cultural environment of an ancient city, as it is surrounded by or connected with a designated district; |
[This Article Newly Inserted on Jul. 26, 2012]
[Moved from Article 20-3; previous Article 20-4 moved to Article 20-5 <May 8, 2017>]
| Article 20-5 (Resident Support Projects) |
| 1. | Projects to establish and support history and culture experience centers and traditional culture and art workshops; |
| 2. | Projects to establish and operate community libraries and exhibition halls; |
| 3. | Projects to operate and support residents' organizations established to perform such activities as improvement of historical and cultural environments of ancient cities, etc. |
[This Article Newly Inserted on Jul. 26, 2012]
[Moved from Article 20-4 <May 8, 2017>]
| Article 21 (Formulating and Implementing Measures for Resettlement) |
Measures for resettlement to be established by a project executor under Article 18 (1) of the Act shall include the following matters: | 1. | Location of the resettlement area; |
| 2. | A plan to purchase land, etc. necessary in measures for resettlement; |
| 3. | A plan for the preparation of housing site and construction of housing; |
| 4. | A plan for the installation of infrastructure in the resettlement area; |
| 5. | Amount, timing, methods, and standards of compensation for resettlement; |
| 6. | Methods of and timing for resettlement. |
[This Article Wholly Amended on Jul. 24, 2008]
| Article 22 (Purchase Procedure) |
| (1) | A person who intends to demand purchase under Article 19 (1) of the Act shall submit a written demand for purchase to the project executor as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism within 60 days from the date notice of declined permission is received under Article 11 (1) through (4) of the Act. <Amended on May 8, 2017> |
| (2) | A project executor in receipt of a demand for purchase under paragraph (1) shall notify the purchase demander of whether the object is eligible for purchase, expected purchase price, etc. within 60 days from the date the demand is received, and shall purchase the land, buildings, etc. demanded to purchase, within five years from the date the decision to purchase is notified. |
[This Article Wholly Amended on Jul. 24, 2008]
| Article 22-2 (Standards for Subject-matter of Purchase) |
The standards for subject-matter of purchase under Article 19 (2) of the Act is as follows. In such cases, the impossibility of using the land, building, etc. for its original objective shall not be attributable to the person who demands the purchase: <Amended on Aug. 31, 2016> | 1. | The practical use of, or profiting from, the relevant land, building, etc. becomes impossible due to restrictions on engaging in conducts inside the designated district under Article 11 of the Act; |
| 2. | The officially assessed individual land price (referring to the officially assessed individual land price under Article 10 of the Act on the Public Announcement of Real Estate Values) of the relevant land as of the date the purchase is demanded due to the reason that the land cannot be used according to the category of land in effect before being designated as a designated district (where the person who intends to demand the purchase proves by presenting official information that he or she has been legitimately using the land differently from the category of land registered in the cadastral record since before the designation as a designated district, the actual use before the designation as the designated district shall be deemed the category of the relevant land) shall be less than 70 percent of the average of the officially assessed individual land prices of the same category of land located inside the designated district of the Eup/Myeon/Dong where the relevant land is located (applicable only to land). |
[This Article Newly Inserted on Jul. 26, 2012]
| Article 22-3 (Facilities for Common Use and Public Use) |
"Facilities prescribed by Presidential Decree" in the provisions, with the exception of the subparagrahs, of Article 19-2 of the Act means facilities for common use and public use installed as per a resident support project under Article 17-2 of the Act. [This Article Newly Inserted on Jul. 26, 2012]
| Article 23 Deleted. <May 8, 2017> |
| Article 24 Deleted. <Dec. 30, 2015> |
| Article 25 (Criteria for Imposition of Administrative Fines) |
[This Article Newly Inserted on Sep. 15, 2015]
ADDENDUM <Presidential Decree No. 18730, Mar. 5, 2005>
This Decree shall enter into force on March 6, 2005.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20222, Aug. 17, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 20935, Jul. 24, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21812, Nov. 9, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22560, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 6, 2011.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 23994, Jul. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24279, Dec. 28, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Standards for Permission of Engaging in Acts)
The amended provisions of Article 20-2 (1) shall begin to apply from the first case where an application for permission for engaging in a conduct is filed after this Act enters into force.
ADDENDA <Presidential Decree No. 24450, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26522, Sep. 15, 2015>
This Decree shall enter into force on September 28, 2015.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27323, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28027, May 8, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 18-2, 19, 19-2, 19-3, 20, 20-2 through 20-5, and 22 (1) shall enter into force on May 30, 2017.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
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. 32878, Aug. 23, 2022>
This Decree shall enter into on the date of its promulgation.