CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the cultural enhancement of citizens and contribute to the development of human cultures by creatively transmitting traditional culture and enabling the citizens to utilize such traditional culture through the safeguarding and promotion of intangible cultural heritage. <Amended on Aug. 8, 2023>
The terms used in this Act are defined as follows: <Amended on Dec. 20, 2016; Dec. 24, 2018; Jun. 9, 2020; Jan. 18, 2022; Aug. 8, 2023>
| (a) | Traditional performance and arts; |
| (b) | Traditional skills concerning crafts, fine arts, etc.; |
| (c) | Traditional knowledge concerning Korean medicine, agriculture, fishery, etc.; |
| (d) | Oral traditions and expressions; |
| (e) | Traditional ways of life concerning food, clothing, shelter, etc.; |
| (f) | Social rituals such as folk religion; |
| (g) | Traditional games, festivals, and practical and martial arts; |
| 2. | The term "archetype" means intrinsic features prescribed by Presidential Decree, which constitute the value of specific intangible cultural heritage; |
| 3. | The term "holder" means a person recognized unde네 r Article 17 (1) or 32 (2), who is able to master and practice technical skills, artistic skills, etc. of intangible cultural heritage as the archetype of that intangible cultural heritage, as prescribed by Presidential Decree; |
| 4. | The term "group holder" means a group recognized under Article 17 (1) or 32 (2), that is able to master and practice technical skills, artistic skills, etc. of intangible cultural heritage as the archetype of that intangible cultural heritage, as prescribed by Presidential Decree; |
| 5. | The term "instructor for successor training" means a person recognized under Article 19 (1) to provide successor training; |
| 6. | The term "certified trainee" means a person issued with a certificate of completion of successor training pursuant to Article 26 (1); |
| 7. | The term "successor" means a person or group defined in any of subparagraphs 3 through 6; |
| 8. | The term "honorary holder" means a person recognized under Article 18 (1) among holders of national intangible cultural heritage and a person recognized under Article 18 (2) among instructors for successor training; |
| 9. | The term "successor training" means education or training provided by a holder or group holder, an instructor for successor training, or a school for successor training under Article 25 or 30; |
| 10. | The term "traditional craft product" means a product made by a successor of traditional craftsmanship practicing that traditional craftsmanship, among intangible cultural heritage; |
| 11. | Deleted; <Aug. 8, 2023> |
| 12. | The term "transmission community" means a community that shares intangible cultural heritage regionally or historically and transmits such heritage by voluntarily practicing and enjoying such heritage with a certain bond and identity in cases where it is impracticable to recognize a holder or a group holder pursuant to the proviso of Article 17 (1). |
| Article 3 (Basic Principle) |
The basic principle of the safeguarding and promotion of intangible cultural heritage is to maintain the archetype of intangible cultural heritage, giving due consideration to the following: <Amended on Aug. 8, 2023>
| 1. | Cultivation of the national identity; |
| 2. | Transmission and development of traditional culture; |
| 3. | Realization and enhancement of the value of intangible cultural heritage. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State shall formulate and implement a comprehensive policy measure to safeguard and promote intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | A local government shall formulate and implement a policy measure to safeguard and promote intangible cultural heritage, giving due consideration to regional characteristics, in compliance with the State’s policy measure. <Amended on Aug. 8, 2023> |
| (3) | In order to fulfill the responsibilities provided for in paragraphs (1) and (2), the State and each local government shall secure a budget necessary therefor. |
| Article 5 (Responsibilities of Successors of intangible cultural heritage) |
Successors of intangible cultural heritage shall endeavor to transmit and develop that intangible cultural heritage by devotedly engaging in activities for transmitting such intangible cultural heritage. <Amended on Aug. 8, 2023>
[Title Amended on Aug. 8, 2023]
| Article 6 (Relationship to Other Statutes) |
Unless otherwise provided in other statutes, this Act shall apply to the safeguarding and promotion of intangible cultural heritage. <Amended on Aug. 8, 2023>
CHAPTER II FORMULATION AND PROMOTION OF POLICIES ON INTANGIBLE CULTURAL HERITAGE
| Article 7 (Formulation of Master Plans for Intangible Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration shall formulate a master plan to safeguard and promote intangible cultural heritage (hereinafter referred to as "master plan") every five years, which includes the following, after consulting with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"): <Amended on Aug. 8, 2023> |
| 1. | Basic direction for the safeguarding and promotion of intangible cultural heritage; |
| 2. | Matters concerning securing and distributing funds for the safeguarding and promotion of intangible cultural heritage; |
| 3. | Matters concerning promoting the education and transmission of, and nurturing experts in, intangible cultural heritage; |
| 4. | Matters concerning investigation, documentation, and informatization of intangible cultural heritage; |
| 5. | Matters concerning internationalization of intangible cultural heritage; |
| 6. | Other matters necessary for the safeguarding and promotion of intangible cultural heritage. |
| (2) | The Administrator of the Cultural Heritage Administration shall consider opinions of successors, relevant organizations, experts, etc. before formulating master plans. |
| (3) | Upon formulating a master plan, the Administrator of the Cultural Heritage Administration shall inform each Mayor/Do Governor of the master plan, and give public notice thereof in the Official Gazette, etc. |
| (4) | The Administrator of the Cultural Heritage Administration may request a Mayor/Do Governor to present data about intangible cultural heritage in his or her jurisdiction, if necessary for formulating a master plan. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 8 (Formulation and Implementation of Action Plans) |
| (1) | The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall formulate and implement an annual action plan based on the relevant master plan. |
| (2) | When a Mayor/Do Governor has established an annual action plan or has completed implementing it pursuant to paragraph (1), he or she shall present the results thereof to the Administrator of the Cultural Heritage Administration. |
| (3) | Upon formulating an annual action plan, the Administrator of the Cultural Heritage Administration and the relevant Mayor/Do Governor shall publicly announce it, and preferentially secure funds necessary for implementing the action plan. |
| (4) | Matters necessary for the formulation, implementation, etc. of annual action plans shall be prescribed by Presidential Decree. |
| Article 9 (Establishment of Intangible Cultural Heritage Committee) |
| (1) | An intangible cultural heritage Committee (hereinafter referred to as the "Committee") shall be established under the Cultural Heritage Administration to investigate and deliberate on matters concerning the safeguarding and promotion of intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | The Committee shall be comprised of up to 30 members, including the chairperson. |
| (3) | The Administrator of the Cultural Heritage Administration shall commission members of the Committee from among the following persons: Provided, That the chairperson shall be elected from among and by the members: <Amended on Aug. 8, 2023> |
| 1. | A person who is or was an associate professor or higher at the faculty related to intangible cultural heritage in a university or college referred to in Article 2 of the Higher Education Act; |
| 2. | A person who has been engaged in business affairs related to the safeguarding and promotion of intangible cultural heritage for at least 10 years; |
| 3. | An expert having knowledge of, and experience in, intangible cultural heritage, who has been working in the field of anthropology, folklore, law, business administration, traditional performing arts, or traditional craftsmanship, etc. for at least 10 years. |
| (4) | The term of office of members of the Committee shall be two years, which is renewable, and the term of office of a member appointed to fill a vacancy shall be the remaining period of the term of his or her predecessor. |
| (5) | The Committee may have non-standing technical experts to conduct such affairs as collection of data, investigation, and research related to matters to be deliberated upon by the Committee, under the orders of the Administrator of the Cultural Heritage Administration, the chairperson of the Committee, or the chairperson of a sectional committee established under Article 10 (2). |
| (6) | Matters necessary for the number and term of office of, and qualifications for, technical experts referred to in paragraph (5), etc. shall be prescribed by Presidential Decree. |
[Title Amended on Aug. 8, 2023]
| Article 10 (Matters to Be Deliberated upon by Committee) |
| (1) | The Committee shall deliberate on the following matters related to the safeguarding and promotion of intangible cultural heritage: <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| 1. | Matters concerning master plans; |
| 2. | Matters concerning the designation of national intangible cultural heritage, and the revocation thereof; |
| 3. | Matters concerning the recognition of holders, group holders, or honorary holders of, and instructors for successor training in, national intangible cultural heritage, and the revocation thereof; |
| 4. | Matters concerning the designation of national intangible cultural heritage in need of urgent safeguarding, and the revocation thereof; |
| 5. | Matters concerning the selection of United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as "UNESCO") intangible cultural heritage; |
| 6. | Other matters referred to the Committee by the Administrator of the Cultural Heritage Administration for deliberation on the safeguarding and promotion of intangible cultural heritage. |
| (2) | Sectional committees may be established under the Committee to investigate and deliberate on matters provided for in the subparagraphs of paragraph (1) for specific types of intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (3) | Each sectional committee established under paragraph (2) may call joint meetings with other sectional committees (hereinafter referred to as "joint sectional committee"), if necessary for investigations, deliberation, etc. |
| (4) | Matters under paragraph (1) 2 through 6 investigated and deliberated by sectional committees or joint sectional committees shall be deemed investigated and deliberated by the Committee. <Newly Inserted on Dec. 22, 2020> |
| (5) | Matters necessary for the organization and operation of the Committee, sectional committees, and joint sectional committees, and allocation of functions among them, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
| Article 11 (Preparation and Disclosure of Minutes) |
| (1) | The Committee, sectional committees, and joint sectional committees shall prepare meeting minutes, including the following matters. In such cases, stenographic notes, audio or video recordings may be made, if deemed necessary: |
| 1. | Date, time, and venue of the meeting; |
| 3. | Matters deliberated upon and resolutions passed. |
| (2) | The minutes of meetings prepared under paragraph (1) shall be made public: Provided, That a committee may resolve not to disclose meeting minutes in circumstances prescribed by Presidential Decree, such as where disclosing the meeting minutes economically prejudices a specific person or invades the privacy of a specific person. |
CHAPTER III DESIGNATION OF NATIONAL INTANGIBLE CULTURAL HERITAGE
| Article 12 (Designation of National Intangible Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may designate significant intangible cultural heritage as national intangible cultural heritage following deliberation by the Committee. <Amended on Aug. 8, 2023> |
| (2) | Matters necessary for criteria and procedures for the designation of national intangible cultural heritage, etc. shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 13 (Designation of National Intangible Cultural Heritage in Need of Urgent Safeguarding) |
| (1) | The Administrator of the Cultural Heritage Administration may designate specific intangible cultural heritage in serious danger of disappearance as national intangible cultural heritage in need of urgent safeguarding, following deliberation by the Committee, in order to urgently safeguard such intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | The Administrator of the Cultural Heritage Administration may provide the following support for national intangible cultural heritage in need of urgent safeguarding, designated pursuant to paragraph (1): <Amended on Aug. 8, 2023> |
| 1. | Artistic, technical, and scientific research; |
| 2. | Discovery of successors; |
| 3. | Successor training and activities for transmitting intangible cultural heritage; |
| 4. | Documentation of intangible cultural heritage. |
| (3) | Matters necessary for requirements and procedures for the designation of national intangible cultural heritage in need of urgent safeguarding, etc. shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 14 (Public Notice of Designation of National Intangible Cultural Heritage and Time When Designation Takes Effect) |
| (1) | Upon designating national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding, the Administrator of the Cultural Heritage Administration shall give public notice of the objectives and details of such designation in the Official Gazette. <Amended on Aug. 8, 2023> |
| (2) | Designation of national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding shall take effect on the date on which the designation is publicly notified in the Official Gazette pursuant to paragraph (1). <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 15 (Cancellation of Designation or Recognition) |
Where it is found that designation under Articles 12 and 13, or recognition under Articles 17 through 19 is made by fraud or other improper means, the Administrator of the Cultural Heritage Administration shall cancel such designation or recognition.
| Article 16 (Revocation of Designation of National Intangible Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may revoke the designation of national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding following deliberation by the Committee, in any of the following cases: <Amended on Aug. 8, 2023> |
| 1. | Where the value of that national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding has been lost; |
| 2. | Where the transmission of that national intangible cultural heritage or national intangible cultural heritage in need of urgent safeguarding is interrupted or becomes impossible; |
| 3. | Where the urgent danger has substantially ceased. |
| (2) | Article 14 shall apply mutatis mutandis to the public notice of the revocation of designation under paragraph (1) and the time such designation takes effect. |
[Title Amended on Aug. 8, 2023]
CHAPTER IV RECOGNITION OF HOLDERS AND GROUP HOLDERS
| Article 17 (Recognition of Holders) |
| (1) | When designating national intangible cultural heritage, the Administrator of the Cultural Heritage Administration shall recognize a holder or group holder of that national intangible cultural heritage: Provided, That the foregoing shall not apply where it is impracticable to recognize a holder or group holder of that national intangible cultural heritage by the nature of such national intangible cultural heritage, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (2) | A group holder of intangible cultural heritage recognized pursuant to paragraph (1) shall be a non-profit corporation incorporated with the permission of the Administrator of the Cultural Heritage Administration pursuant to Article 32 of the Civil Act. |
| (3) | The Administrator of the Cultural Heritage Administration may recognize another holder or group holder of national intangible cultural heritage, in addition to the holder or group holder of that intangible cultural heritage recognized pursuant to paragraph (1). <Amended on Aug. 8, 2023> |
| (4) | Matters necessary for criteria, procedures, etc. for the recognition of holders, etc. shall be prescribed by Presidential Decree. |
| Article 18 (Recognition of Honorary Holders) |
| (1) | In any of the following cases, the Administrator of the Cultural Heritage Administration may recognize a holder of national intangible cultural heritage as an honorary holder in consideration of his or her achievements in providing successor training and engaging in activities for transmitting such heritage, following deliberation by the Committee; in such cases, recognition as the holder of that national intangible cultural heritage shall be deemed revoked upon recognition as an honorary holder: <Amended on Aug. 8, 2023> |
| 1. | Where it is impracticable for him or her to provide normal successor training, or to engage in activities for transmitting intangible cultural heritage; |
| 2. | Where he or she files an application for recognition as an honorary holder. |
| (2) | In any of the following cases, the Administrator of the Cultural Heritage Administration may recognize an instructor for successor training in national intangible cultural heritage as an honorary holder in consideration of the level of archetype and his or her achievements in activities for transmitting such heritage, following deliberation by the Committee; in such cases, the recognition as an instructor for successor training in national intangible cultural heritage shall be deemed revoked upon recognition as an honorary holder: <Newly Inserted on Dec. 24, 2018; Jun. 9, 2020; Aug. 8, 2023> |
| 1. | Where it is impracticable for him or her to normally provide successor training; |
| 2. | Where an instructor for successor training files an application. |
| (3) | The Administrator of the Cultural Heritage Administration may provide a special subsidy to honorary holders. <Amended on Dec. 24, 2018> |
| (4) | Matters necessary for criteria, procedures, etc. for the recognition of honorary holders shall be prescribed by Presidential Decree. <Amended on Dec. 24, 2018> |
| Article 19 (Recognition of Instructors for Successor Training) |
| (1) | The Administrator of the Cultural Heritage Administration may recognize instructors for successor training from among certified trainees, following deliberation by the Committee, to provide successor training in national intangible cultural heritage. <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| (2) | Matters necessary for criteria, procedures, etc. for the recognition of instructors for successor training shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
[Title Amended on Jun. 9, 2020]
| Article 19-2 (Grounds for Disqualification of Successors) |
None of the following persons shall be qualified as a holder or honorary holder of, or an instructor for successor training in, national intangible cultural heritage:
| 2. | A person for whom five years have not passed since his or her recognition was canceled under Article 15 or he or she received notification of the revocation of recognition under Article 21. |
[This Article Newly Inserted on Aug. 8, 2023]
| Article 20 (Public Notice and Notification of Recognition) |
| (1) | Upon recognizing a holder, group holder, or honorary holder of, or an instructor for successor training in, national intangible cultural heritage, the Administrator of the Cultural Heritage Administration shall give public notice of the objectives and details of such recognition in the Official Gazette, and notify, without delay, the person or group recognized as the holder, group holder, or honorary holder of, or the instructor for successor training in, that national intangible cultural heritage. <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| (2) | Upon recognizing a holder, group holder, or honorary holder of, or an instructor for successor training in, national intangible cultural heritage, the Administrator of the Cultural Heritage Administration shall issue a certificate of recognition to the person or group recognized as the holder, group holder, honorary holder, or instructor for successor training. <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| (3) | The recognition as a holder, group holder, or honorary holder of, or an instructor for successor training in, national intangible cultural heritage shall take effect from the date on which the relevant person or group receives notification of such recognition. <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| (4) | Matters necessary for the public notice and notification of recognition under paragraphs (1) and (2), the issuance of certificates of recognition, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
| Article 21 (Revocation of Recognition as Successors) |
| (1) | In any of the following cases, the Administrator of the Cultural Heritage Administration may revoke recognition as a holder, group holder, or honorary holder of, or an instructor for successor training in, national intangible cultural heritage, following deliberation by the Committee: Provided, That if subparagraph 1, 2, 2-2, 3 or 4 applies to such holder or instructor, the Administrator of the Cultural Heritage Administration must revoke the recognition thereof: <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| 1. | Where the holder, honorary holder, or instructor for successor training dies; |
| 2. | Where he or she is sentenced to a fine or greater punishment in relation to the performance, exhibition, examination, etc. of traditional culture, or is sentenced to imprisonment without labor or greater punishment for other reasons and such sentence becomes final; |
| 2-2. | Where he or she falls within the grounds for disqualification specified in subparagraph 1 of Article 19-2; |
| 3. | Where he or she emigrates to a foreign country or acquires citizenship of a foreign country; |
| 4. | Where a designation of national intangible cultural heritage is revoked pursuant to Article 16; |
| 5. | Where he or she becomes ineligible as a holder of the relevant national intangible cultural heritage, due to his or her physical or mental disability etc.; |
| 6. | Where a regular inspection or reinspection conducted under Article 22 confirms that the relevant holder, group holder, or instructor for successor training has become unable to practice or teach relevant national intangible cultural heritage as the archetype thereof, because his or her skills have noticeably deteriorated; |
| 7. | Where he or she fails to provide successor training under Article 25 (2) for a year, without a compelling reason; |
| 8. | Where he or she fails to make a public presentation of the relevant national intangible cultural heritage under Article 28 (1) at least once a year, without a compelling reason; |
| 9. | Where other circumstances prescribed by Presidential Decree arise. |
| (2) | Article 20 shall apply mutatis mutandis to the public notice and notification of the revocation of recognition under paragraph (1) and the time such revocation takes effect. |
| Article 21-2 (Inquiries into Criminal Records to Confirm Grounds for Disqualification and Grounds for Revoking Recognition) |
| (2) | The Administrator of the Cultural Heritage Administration may request the head of a group holder or of the relevant institution to provide data, in order to perform the duties under paragraph (1). |
| (3) | Upon receipt of request under paragraph (1) or (2), a related institution, etc. shall not refuse such request without good cause. |
| (4) | Matters necessary for the procedures for and the scope, etc. of inquiry into criminal records and provision of data under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 8, 2023]
| Article 22 (Regular Inspections) |
| (1) | The Administrator of the Cultural Heritage Administration shall regularly inspect the status of transmission, such as successor training in national intangible cultural heritage and activities for transmitting such heritage, and other matters every five years, in order to utilize the findings thereof to formulate polices to safeguard and promote national intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | Where it is necessary to conduct an additional inspection after having conducted a regular inspection under paragraph (1), the Administrator of the Cultural Heritage Administration may require his or her officials to reinspect the relevant national intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (3) | A public official who conducts an inspection pursuant to paragraphs (1) and (2) may request a successor, relevant public institution, organization, etc. to provide cooperation, such as submitting necessary data, and granting access to a place for activities for transmitting intangible cultural heritage, within the extent necessary for conducting such inspection. In such cases, the successor, relevant public institution, organization, etc. requested to provide cooperation shall provide such cooperation, unless there is a compelling reason not to do so. <Amended on Aug. 8, 2023> |
| (4) | To conduct an inspection pursuant to paragraphs (1) and (2), prior notice of the inspection shall be given to the relevant successor, public institution, organization, etc.: Provided, That notice may be given after conducting an investigation, if it is necessary to conduct such investigation urgently. <Amended on Aug. 8, 2023> |
| (5) | A public official who conducts an inspection pursuant to paragraphs (1) and (2) shall carry an identification indicating his or her authority and shall show it to the persons concerned. |
| (6) | The Administrator of the Cultural Heritage Administration may fully or partially delegate regular inspections and reinspections under paragraphs (1) and (2) to an affiliated institution or entrust the regular inspections and reinspections to a specialized institution or organization. |
| (7) | The Administrator of the Cultural Heritage Administration shall apply the findings of regular inspections and reinspections under paragraphs (1) and (2) to the following duties: <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| 1. | Designation of national intangible cultural heritage and national intangible cultural heritage in need of urgent safeguarding, and revocation of such designations; |
| 2. | Recognition of holders, group holders, or honorary holders of, or instructors for successor training in, national intangible cultural heritage, and revocation of such recognitions; |
| 3. | Matters concerning the safeguarding and promotion of national intangible cultural heritage and national intangible cultural heritage in need of urgent safeguarding. |
| (8) | Matters necessary for the subject and methods of regular inspections and reinspections under paragraphs (1) and (2), etc. shall be prescribed by Presidential Decree. |
| Article 23 (Matters Subject to Reporting) |
A successor and honorary holder of national intangible cultural heritage shall report to the Administrator of the Cultural Heritage Administration within 15 days from when his or her title or address has changed. <Amended on Aug. 8, 2023>
| Article 24 (Administrative Orders) |
The Administrator of the Cultural Heritage Administration may order the following measures, if deemed necessary for realizing and enhancing the value of national intangible cultural heritage: <Amended on Aug. 8, 2023>
| 1. | Prohibition or restriction on certain activities by a successor of national intangible cultural heritage, if such activities damage or deteriorate the archetype of that national intangible cultural heritage; |
| 2. | Prohibition or restriction on certain activities by a successor of national intangible cultural heritage, such as successor training and public presentations of that national intangible, if he or she hinders the safeguarding and promotion of such national intangible cultural heritage due to a dispute arising between him or her and any other successors of such national intangible cultural heritage; |
| 3. | Requiring a successor of national intangible cultural heritage to take other urgent measures to safeguard that national intangible cultural heritage, if deemed necessary for creating an environment in which such national intangible cultural heritage can be effectively transmitted. |
CHAPTER V SUCCESSOR TRAINING AND PUBLIC PRESENTATIONS
| Article 25 (Protection and Development of National Intangible Cultural Heritage) |
| (1) | The State shall protect and develop national intangible cultural heritage to identify and transmit traditional culture to the next generation. <Amended on Aug. 8, 2023> |
| (2) | Holders and group holders of national intangible cultural heritage recognized pursuant to Article 17 (1) and instructors for successor training pursuant to Article 19 (1) shall provide training to transmit their national intangible cultural heritage for the safeguarding and promotion thereof: Provided, That the foregoing shall not apply in cases prescribed by Presidential Decree. <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| (3) | The State may subsidize holders, group holders, or instructors for successor training for expenses and allowances incurred in providing successor training, within the budget. <Amended on Jun. 9, 2020> |
| (4) | The State may provide necessary support to distinguished successors of national intangible cultural heritage selected based on the recommendation from holders or group holders of national intangible cultural heritage, or from schools for successor training under Article 30. In such cases, matters regarding the methods and procedures for selecting distinguished successors, support to be provided, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 12, 2017; Aug. 8, 2023> |
| (5) | The State or a local government may permit the gratuitous use of State property or public property established or acquired with the aim of providing successor training. <Amended on Dec. 12, 2017> |
| (6) | The State may provide necessary support to the relevant transmission community within the budget. <Newly Inserted on Jan. 18, 2022> |
| (7) | Matters necessary for the details and methods of support for expenses and allowances incurred in providing successor training under paragraph (3), and support for the transmission community under paragraph (6) shall be prescribed by Presidential Decree. <Amended on Dec. 12, 2017; Jan. 18, 2022> |
[Title Amended on Aug. 8, 2023]
| Article 26 (Certificates of Completion of Successor Training) |
| (1) | The Administrator of the Cultural Heritage Administration shall examine skills of persons who have completed the courses for successor training (including successor training provided at a university, etc. selected under Article 30; hereafter in this Article, the same shall apply) and issue a certificate of completion of successor training to such persons, as prescribed by Presidential Decree. |
| (2) | Matters necessary for the issuance of certificates of completion and examinations under paragraph (1), etc. shall be prescribed by Presidential Decree. |
| Article 27 (Successor Scholarship Recipients) |
| (1) | The Administrator of the Cultural Heritage Administration may select successor scholarship recipients from among the persons who have received successor training in national intangible cultural heritage (excluding successor training provided at a university, etc. selected under Article 30; hereafter in this Article, the same shall apply) and are recommended by the holders or group holders of that national intangible cultural heritage, to award scholarships. <Amended on Aug. 8, 2023> |
| (2) | Matters necessary for methods and procedures for selecting successor scholarship recipients, scholarship period, etc. shall be prescribed by Presidential Decree. |
| Article 28 (Obligations to Make Public Presentations of National Intangible Cultural Heritage) |
| (1) | A holder or group holder of national intangible cultural heritage shall make a public presentation of that national intangible cultural heritage at least once a year, except in exceptional circumstances prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (2) | The State may provide full or partial subsidies for the expenses incurred in relation to the public presentation of the national intangible cultural heritage under paragraph (1), within the budget. |
| (3) | Matters necessary for procedures and methods for the public presentation of national intangible cultural heritage under paragraph (1), the inspection thereof, etc. shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 29 (Collection of Admission Fees) |
| (1) | A holder or group holder of national intangible cultural heritage may collect an admission fee from audiences when making a public presentation of that national intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | The admission fee collectible under paragraph (1) shall be set by each holder or group holder of national intangible cultural heritage. <Amended on Aug. 8, 2023> |
| Article 30 (Selection of Schools for Successor Training) |
| (1) | The Administrator of the Cultural Heritage Administration may select a school for successor training, from among any of the following schools which intend to provide successor training in national intangible cultural heritage (hereafter in this Article referred to as "university, etc."): <Amended on Dec. 20, 2016; Dec. 24, 2018; Aug. 8, 2023> |
| (2) | A university, etc. that intend to provide successor training in national intangible cultural heritage shall formulate a plan for successor training, including the curriculum and educational facilities, and shall file an application with the Administrator of the Cultural Heritage Administration, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (3) | The State may provide necessary support for schools for successor training selected pursuant to paragraph (1). <Amended on Dec. 20, 2016> |
| (4) | The Administrator of the Cultural Heritage Administration may award successor scholarships to a student who achieves academic excellence, among students receiving successor training at a school for successor training, within the budget. <Amended on Dec. 20, 2016> |
| (5) | The Administrator of the Cultural Heritage Administration may inspect the status of successor training provided by schools for successor training, conduct performance evaluations, and may provide financial support for the schools for successor training in a differential manner based on the outcomes thereof. <Amended on Dec. 20, 2016> |
| (6) | Matters necessary for the selection and review of, and support for, schools for successor training, performance evaluations, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 20, 2016> |
[Title Amended on Dec. 20, 2016]
CHAPTER VI CITY/DO INTANGIBLE CULTURAL HERITAGE
| Article 31 (Establishment of City/Do Intangible Cultural Heritage Committee) |
| (1) | An intangible cultural heritage committee shall be established under each City/Do (hereinafter referred to as "City/Do intangible cultural heritage committee") to deliberate on matters concerning the safeguarding and promotion of intangible cultural heritage within the jurisdiction of the relevant Mayor/Do Governor. <Amended on Aug. 8, 2023> |
| (2) | Matters concerning the organization and operation of City/Do intangible cultural heritage committees and other relevant matters shall be prescribed by municipal ordinances, including the following: <Amended on Aug. 8, 2023> |
| 1. | Matters concerning investigations of, and deliberation on, the safeguarding, management and utilization of intangible cultural heritage; |
| 2. | Matters concerning the commissioning and dismissal of committee members; |
| 3. | Matters concerning the establishment and operation of sectional committees; |
| 4. | Matters concerning the commission and utilization of technical members. |
| (3) | A Mayor/Do Governor who intends to request the Administrator of the Cultural Heritage Administration to designate any City/Do intangible cultural heritage under his or her jurisdiction as national intangible cultural heritage shall undergo prior deliberation thereon by the relevant City/Do intangible cultural heritage committee. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 32 (Designation of City/Do Intangible Cultural Heritage) |
| (1) | A Mayor/Do Governor may designate intangible cultural heritage worthy of safeguarding within his or her jurisdiction as City/Do intangible cultural heritage, which are not designated as national intangible cultural heritage, following deliberation by the City/Do intangible cultural heritage committee: Provided, That he or she shall hold prior consultations with the Administrator of the Cultural Heritage Administration where the intangible cultural heritage he or she intends to designate as City/Do intangible cultural heritage has been designated as national intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | In designating City/Do intangible cultural heritage, a Mayor/Do Governor may recognize a holder or group holder of that City/Do intangible cultural heritage, from among persons or groups other than holders or group holders of national intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (3) | Where a holder or group holder of, or an instructor for successor training in, City/Do intangible cultural heritage is recognized as a holder or group holder of, or an instructor for successor training in, national intangible cultural heritage, the recognition as the holder or group holder of, or the instructor for successor training in, that City/Do intangible cultural heritage shall be deemed revoked. <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| (4) | The Administrator of the Cultural Heritage Administration may recommend a Mayor/Do Governor to designate intangible cultural heritage deemed necessary following deliberation by the Committee as City/Do intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (5) | A Mayor/Do Governor may designate intangible cultural heritage in danger of disappearance as City/Do intangible cultural heritage in need of urgent safeguarding following deliberation by the relevant City/Do intangible cultural heritage committee, among City/Do intangible cultural heritage within his or her jurisdiction, which is not designated as national intangible cultural heritage in need of urgent safeguarding. <Amended on Aug. 8, 2023> |
| (6) | Upon designating City/Do intangible cultural heritage pursuant to paragraph (1) or City/Do intangible cultural heritage in need of urgent safeguarding pursuant to paragraph (5), the name of the relevant City/Do shall be included in such intangible cultural heritage. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 33 (Matters to Report) |
Where any of the following events occurs, a Mayor/Do Governor shall report to the Administrator of the Cultural Heritage Administration within 15 days from the date of occurrence of such event: <Amended on Jun. 9, 2020; Aug. 8, 2023>
| 1. | Where he or she designates City/Do intangible cultural heritage or revokes such designation; |
| 2. | Where he or she designates City/Do intangible cultural heritage in need of urgent safeguarding or revokes such designation; |
| 3. | Where he or she recognizes a holder, group holder, or honorary holder of, or an instructor for successor training in, City/Do intangible cultural heritage or revokes such recognition; |
| 4. | Where any administrative order issued in relation to City/Do intangible cultural heritage is violated. |
| Article 34 (Assignment of Experts) |
Each Mayor/Do Governor shall endeavor to assign experts in intangible cultural heritage to the relevant local government. <Amended on Aug. 8, 2023>
| Article 35 (Provisions Applicable Mutatis Mutandis) |
Articles 12 through 19, 19-2, 20, 21, 21-2, and 22 through 30 shall apply mutatis mutandis to the designation of City/Do intangible cultural heritage and City/Do intangible cultural heritage in need of urgent safeguarding; cancellation or revocation of such designation; public notice of such designation; the time such designation takes effect; recognition of holders, group holders, or honorary holders of, or instructors for successor training in, City/Do intangible cultural heritage; cancellation or revocation of such recognition; public notice and notification of such recognition; the time such recognition takes effect; regular inspections, matters to be reported in relation to successors and honorary holders of City/Do intangible cultural heritage; administrative orders, successor training; certificates of completion of successor training; successor scholarship recipients; public presentation of City/Do intangible cultural heritage; collection of admission fees; and selection of schools for successor training in City/Do intangible cultural heritage. In such cases, "Administrator of the Cultural Heritage Administration" shall be construed as "Mayor/Do Governor", "Presidential Decree" as "municipal ordinance", "State" as "local government", "Committee" as "relevant City/Do intangible cultural heritage committee", "national intangible cultural heritage" as "City/Do intangible cultural heritage", and "national intangible cultural heritage in need of urgent safeguarding" as "City/Do intangible cultural heritage in need of urgent safeguarding", respectively. [This Article Wholly Amended on Aug. 8, 2023]
| Article 36 (Intangible Cultural Heritage of Five North Korean Dos) |
| (1) | Where intangible cultural heritage that is being transmitted in any region of North Korea is worthy of safeguarding, the Administrator of the Cultural Heritage Administration and the Do Governor appointed under Article 5 of the Act on Special Measures for Five North Korean Dos (hereafter in this Article referred to as "Do Governor") may recommend the Mayor/Do Governor having jurisdiction over a region where such intangible cultural heritage is being transmitted, to designate it as City/Do intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | Notwithstanding paragraph (1), the Do Governor may designate intangible cultural heritage worthy of safeguarding that is being transmitted in any region of Five North Korean Dos, but not designated as national intangible cultural heritage or City/Do intangible cultural heritage, as intangible cultural heritage of Five North Korean Dos. <Amended on Aug. 8, 2023> |
| (3) | Matters necessary for procedures for the designation of intangible cultural heritage of Five North Korean Dos under paragraph (2), etc. shall be prescribed by the Do Governor. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
CHAPTER VII PROMOTION OF INTANGIBLE CULTURAL HERITAGE
| Article 37 (Support for Transmission) |
| (1) | The State or local governments may provide the following support, within the budget, for the safeguarding and promotion of intangible cultural heritage: <Amended on Aug. 8, 2023> |
| 1. | Support to successors in purchasing raw materials for traditional craft products; |
| 2. | Support for facilities and equipment necessary for the performance, exhibition, etc. by successors; |
| 3. | Support for activities of successors for elementary and secondary education and lifelong education. |
| (2) | The State or local governments shall endeavor to establish a facility for successor training in order to facilitate and encourage the transmission and performance of, and education about, intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (3) | Except as provided in paragraphs (1) and (2), the State or local governments may provide full or partial subsidies for the expenses incurred in relation to the safeguarding and promotion of intangible cultural heritage, within the budget. <Amended on Aug. 8, 2023> |
| Article 38 (Support for Education about intangible cultural heritage) |
[Title Amended on Aug. 8, 2023]
| Article 39 (Support for Events) |
| (1) | The State, local governments, and public institutions under the Act on the Management of Public Institutions shall endeavor to ensure that successors of intangible cultural heritage can participate in various events and festivals. <Amended on Aug. 8, 2023> |
| (2) | The State and local governments shall formulate a policy measure necessary for national intangible cultural heritage or City/Do intangible cultural heritage to contribute to revitalizing the tourism industry. <Amended on Aug. 8, 2023> |
| Article 40 (Support for Development of Traditional Craftsmanship) |
| (1) | The Administrator of the Cultural Heritage Administration may provide necessary support for the technological development of raw material, manufacturing process, etc. and design, commercialization, etc. in order to promote traditional craftsmanship concerning arts and crafts among intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | Guidelines and procedures for providing support under paragraph (1), etc. shall be prescribed by Presidential Decree. |
| Article 41 (Certification of Traditional Craft Products among Intangible Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may provide certification (hereinafter referred to as "certification") for traditional craft products following examination for certification. |
| (2) | The Administrator of the Cultural Heritage Administration may request a relevant successor to submit data related to certification, and may require his or her officials or relevant experts to observe the process of manufacturing the traditional craft product to be certified, if necessary. |
| (3) | A successor who has obtained certification may use a certification mark on the traditional craft products he or she makes. |
| (4) | No person shall use any mark identical or similar to the certification mark prescribed by the Administrator of the Cultural Heritage Administration on uncertified products. |
| (5) | The period of validity of certification shall be three years from the date a successor obtains the certification; such period may be extended following reexamination. |
| (6) | Matters necessary for criteria for certification, procedures for examination of certification, methods of labeling, etc. shall be prescribed and publicly notified by the Administrator of the Cultural Heritage Administration. |
[Title Amended on Aug. 8, 2023]
| Article 42 (Cancellation of Certification) |
| (1) | Where a successor is found to engage in any of the following conduct in relation to certification, the Administrator of the Cultural Heritage Administration may cancel the certification: Provided, That the Administrator must cancel such certification where the successor is found to engage in the conduct provided for in subparagraph 1: |
| 1. | Where he or she has obtained the certification by fraud or other improper means; |
| 2. | Where he or she has used the certification mark on a traditional craft product non-compliant with the criteria for certification; |
| 3. | Where he or she fails to comply with any of the standards for use of the certification mark. |
| (2) | Specific procedures and details for the cancellation of certification shall be prescribed by Presidential Decree. |
| Article 43 (Bank of Traditional Craft Products) |
| (1) | The Administrator of the Cultural Heritage Administration may operate a bank that conducts business affairs, such as the purchase, leasing, and exhibition of traditional craft products (hereinafter referred to as "Bank of Traditional Craft Products"), in order to facilitate the transmission of traditional craftsmanship to the next generation and to publicize the excellence of traditional craft products. |
| (2) | Matters necessary for the operation of the Bank of Traditional Craft Products shall be prescribed and publicly notified by the Administrator of the Cultural Heritage Administration. |
| Article 44 (Support for Business Startup, Manufacturing, and Distribution) |
| (1) | The State and local governments may provide necessary support for successors of intangible cultural heritage to facilitate the business startup, manufacturing and distribution, and their entry into overseas markets. <Amended on Aug. 8, 2023> |
| (2) | Matters necessary for guidelines and methods for providing support under paragraph (1), etc. shall be prescribed by Presidential Decree. |
| Article 45 (Support for International Exchanges of Intangible Cultural Heritage) |
| (1) | The State shall proactively promote international exchanges of intangible cultural heritage, such as overseas performances of intangible cultural heritage in the field of traditional performances and arts, overseas exhibition and sales of traditional craft products, through cooperation with international organizations and other countries. <Amended on Aug. 8, 2023> |
| (2) | The Administrator of the Cultural Heritage Administration may provide full or partial subsidies for the expenses incurred in relation to the international exchanges of intangible cultural heritage and cooperation with international organizations and other countries under paragraph (1), within the budget. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 46 (Korea Intangible Cultural Heritage Promotion Center) |
The Administrator of the Cultural Heritage Administration shall establish a Korea intangible cultural heritage Promotion Center under Korea Heritage Ageny established under Article 32 of the Framework Act on National Heritage, in order to efficiently support projects and activities for promoting intangible cultural heritage. <Amended on Aug. 8, 2023> [Title Amended on Aug. 8, 2023]
CHAPTER VIII IMPLEMENTATION OF THE UNESCO CONVENTION
| Article 47 (Establishment of International Information and Networking Center for Intangible Cultural Heritage in Asia-Pacific Region under Auspices of UNESCO) |
| (1) | The International Information and Networking Center for Intangible Cultural Heritage in the Asia-Pacific Region under the auspices of UNESCO (hereinafter referred to as "ICHCAP") shall be established under the jurisdiction of the Cultural Heritage Administration in order to encourage the implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage of UNESCO (hereinafter referred to as the "UNESCO Convention") and to support the safeguarding of intangible cultural heritage in the Asia-Pacific region. <Amended on Dec. 8, 2020; Jan. 18, 2022; Aug. 8, 2023> |
| (2) | ICHCAP shall be a corporation. <Amended on Dec. 8, 2020> |
| (3) | ICHCAP shall have executive officers and necessary employees, as prescribed by the articles of incorporation. <Amended on Dec. 8, 2020> |
| (4) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to ICHCAP. <Amended on Dec. 8, 2020> |
| (5) | Operating expenses of ICHCAP may be subsidized from the national treasury. <Amended on Dec. 8, 2020> |
| (6) | The State or local governments may allow ICHCAP to gratuitously use or benefit from state property or public property, where necessary for performing its affairs. <Amended on Dec. 8, 2020> |
| (7) | ICHCAP shall undertake the following projects: <Newly Inserted on Dec. 8, 2020; Aug. 8, 2023> |
| 1. | Projects to support activities for establishing and utilizing a system for sharing information on intangible cultural heritage; |
| 2. | Projects for education, publication, academic survey and research, exhibition, and content development and utilization, in relation to the protection of intangible cultural heritage; |
| 3. | Projects for establishing an exchange and cooperation system in intangible cultural heritage, among individuals, organizations (including non-governmental or civil society organizations), and institutions (including educational or academic institutions), and holding events for such purposes; |
| 4. | Projects for the domestic use of shared information on intangible cultural heritage; |
| 5. | Projects entrusted by the State, a local government, a public institution, etc.; |
| 6. | Projects prescribed by the articles of incorporation to achieve the purposes of ICHCAP. |
| (8) | ICHCAP may, if deemed necessary for the projects under paragraph (7), receive donations made voluntarily, only to meet its project purposes, notwithstanding the Act on Collection and Use of Donations. <Newly Inserted on Dec. 8, 2020> |
| (9) | Matters necessary for procedures for receiving donations under paragraph (8) shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 8, 2020> |
| (10) | ICHCAP shall manage donations received pursuant to paragraph (8) in a separate account. <Newly Inserted on Dec. 8, 2020> |
| Article 47-2 (International Cooperation for Protection of Intangible Cultural Heritage) |
| (1) | In order to protect intangible cultural heritage of humanity under the UNESCO Convention, the State shall endeavor to promote cooperative relations with related international organizations, international expert organizations, and other countries. <Amended on Aug. 8, 2023> |
| (2) | The State shall contribute to the international community's efforts to protect intangible cultural heritage by providing financial support to developing countries to systematically safeguard and promote intangible cultural heritage under the UNESCO Convention. <Amended on Aug. 8, 2023> |
| (3) | In order to enhance cooperation with related international organizations, international expert organizations, and other countries to protect intangible cultural heritage under paragraph (1), the Administrator of the Cultural Heritage Administration may promote the following projects: <Amended on Aug. 8, 2023> |
| 1. | Support for the safeguarding and promotion of intangible cultural heritage items in Korea and abroad, which are inscribed on the UNESCO List of the Intangible Cultural Heritage of Humanity; |
| 2. | Information exchange and joint investigation and research with relevant international organizations, international expert organizations, and other countries for the protection of intangible cultural heritage; |
| 3. | International training and exchanges of professional personnel in the field of protecting intangible cultural heritage; |
| 4. | Support for domestic and overseas programs and activities for the purpose of protecting intangible cultural heritage; |
| 5. | Other matters deemed necessary to promote international exchange and cooperation for the protection of intangible cultural heritage. |
[This Article Newly Inserted on Jan. 18, 2022]
[Title Amended on Aug. 8, 2023]
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 48 (Investigations and Documentation) |
| (1) | The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall investigate the status of distribution, the status and details of transmission of intangible cultural heritage, and collect, prepare, maintain, and retain the relevant documentation thereof, by means of audio recording, photographing, video recording, stenography, etc. <Amended on Aug. 8, 2023> |
| (2) | Where deemed necessary to safeguard and transmit intangible cultural heritage, the Administrator of the Cultural Heritage Administration and each Mayor/Do Governor may entrust the investigation of the intangible cultural heritage and the collection and preparation of relevant documentation under paragraph (1) to a person or relevant research institution or organization with expertise in such intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (3) | The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall digitize the documentation collected and prepared under paragraphs (1) and (2) in order to enable every person to use such documentation. |
| Article 49 (Intellectual Property Protection of Intangible Cultural Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration shall protect intangible cultural heritage against acquisition of domestic and international patents, by such means as digitalizing the details and elements of the intangible cultural heritage transmitted, and posting such details and elements on the website accredited under the Patent Cooperation Treaty in order to seek domestic and international patent protection for such intangible cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | The Administrator of the Cultural Heritage Administration shall endeavor to create advanced knowledge or craftsmanship from intangible cultural heritage, in order to facilitate the transmission of the intangible cultural heritage, and shall take measures necessary to protect the intellectual property of successors, as provided for in the Framework Act on Intellectual Property. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 50 (Honorable Treatment of Holders) |
The State, local governments, public institutions under the Act on the Management of Public Institutions, local government-invested public corporations or local government public corporations established under the Local Public Enterprises Act shall accord tax benefits, provide reductions in, or exemptions from, fees for use of public facilities, and implement other necessary policies, in order to facilitate the activities for transmission of holders or honorary holders. <Amended on Aug. 8, 2023> [Title Amended on Aug. 8, 2023]
| Article 51 (Prohibition of Using Similar Titles) |
No person, other than a holder, group holder, honorary holder, instructor for successor training, and certified trainee recognized under this Act, shall use any of the words “holder”, “group holder”, “honorary holder”, “instructor for successor training”, “certified training”, or any similar name in his or her title. <Amended on Jun. 9, 2020>
The Administrator of the Cultural Heritage Administration shall hold a hearing under the Administrative Procedures Act to take any of the following measures: | 1. | Cancellation of designation or recognition under Article 15; |
| 4. | Cancellation of certification under Article 42. |
| Article 53 (Investigations by Relevant Experts) |
| (1) | In order to designate national intangible cultural heritage under Article 12 and national intangible cultural heritage in need of urgent safeguarding under Article 13 and to recognize a holder or group holder under Article 17, an honorary holder under Article 18, or an instructor for successor training under Article 19, the Administrator of the Cultural Heritage Administration shall require members of the Committee or technical experts in the relevant field, or at least three experts who have extensive knowledge of, and experience in, that intangible cultural heritage to conduct necessary investigations. <Amended on Jun. 9, 2020; Aug. 8, 2023> |
| (2) | Matters necessary for methods, procedures, etc. for investigations conducted by relevant experts, etc. shall be prescribed by Presidential Decree. |
| Article 54 (Delegation and Entrustment of Authority) |
The Administrator of the Cultural Heritage Administration may fully or partially delegate his or her authority vested under this Act to each Mayor/Do Governor or the head of an affiliated institution, or fully or partially delegate his or her authority vested under this Act to an institution, corporation, organization, etc. established for the safeguarding and promotion of the intangible cultural heritage. <Amended on Aug. 8, 2023>
| Article 55 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | A member of the Committee (including a member of each City/Do intangible cultural heritage committee established under Article 31 (1)) that investigates into, and deliberates on, matters concerning the safeguarding and promotion of intangible cultural heritage under Article 9 (1); |
| 2. | A person who conducts a regular inspection and reinspection under Article 22 (6) under entrustment by the Administrator of the Cultural Heritage Administration; |
| 3. | A relevant expert, etc. who conducts an investigation under Article 53; |
| 4. | A person who performs affairs entrusted by the Administrator of the Cultural Heritage Administration under Article 54. |
CHAPTER X PENALTY PROVISIONS
| Article 56 (Violations of Administrative Orders) |
Any person who violates an order issued under Article 24 (including where the same provisions apply mutatis mutandis under Article 35) without good cause, shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won.
| Article 57 (Violations of Hindering Management) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won: <Amended on Jun. 9, 2020>
| 1. | A person who refuses to provide cooperation under the former part of Article 22 (3) (including where the same provisions apply mutatis mutandis under Article 35) unless there is a compelling reason to do so; |
| 2. | A person recognized as a holder, group holder, honorary holder, or instructor for successor training by fraud or other improper means; |
| 3. | A person who files a false report or false statement. |
| Article 58 (Administrative Fines) |
| (1) | Each of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| (2) | The Administrator of the Cultural Heritage Administration and each Mayor/Do Governor shall impose and collect administrative fines provided for in paragraph (1), as prescribed by Presidential Decree or municipal ordinance. |
ADDENDA <Act No. 13248, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Designation of Intangible Cultural Heritage)
Important intangible cultural heritage and City/Do intangible cultural heritage designated under the former Cultural Heritage Protection Act as at the time this Act enters into force shall be deemed designated as national intangible cultural heritage under Article 12 and City/Do intangible cultural heritage under Article 32, respectively. Article 3 (Transitional Measures concerning Holders of Intangible Cultural Heritage)
A holder, group holder or honorary holder of, or assistant instructor for successor training in, important intangible cultural heritage, a person issued with a certificate of completion, and a successor scholarship recipient recognized and selected under the former Cultural Heritage Protection Act as at the time this Act enters into force shall be deemed a holder, group holder or honorary holder of, assistant instructor for successor training in, national intangible cultural heritage, a certified trainee, and a successor scholarship recipient recognized and selected under Articles 17, 18, 19, 26, and 27: Provided, That any group holder of national intangible cultural heritage which is not a non-profit corporation under the jurisdiction of the Cultural Heritage Administration, shall obtain permission to incorporate a corporation from the Administrator of the Cultural Heritage Administration pursuant to related statutes within one year after this Act enters into force. Article 4 (Transitional Measures concerning Conduct of Administrative Agencies)
Any conduct engaged in by or against an administrative agency in relation to the safeguarding, management, and utilization of important intangible cultural heritage under the former Cultural Heritage Protection Act as at the time this Act enters into force, shall be deemed the conduct engaged in by or against a corresponding administrative agency under this Act. Article 5 (Transitional Measures concerning Penalty Provisions)
The previous Cultural Heritage Protection Act shall govern the application of penal provisions and fines for negligence in relation to an act committed before this Act enters into force. Article 6 Omitted.
Article 7 (Relationship with Other Acts)
Where the previous Cultural Heritage Protection Act or provisions thereof are cited by other Acts or subordinate statutes as at the time this Act enters into force, this Act or corresponding provisions of this Act shall be deemed cited in place of the previous Cultural Heritage Protection Act or provisions thereof, if such corresponding provisions exist in this Act.
ADDENDUM <Act No. 14434, Mar. 20, 2016>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15173, Mar. 12, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16056, Mar. 24, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17404, Jun. 9, 2020>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Change in Title of Assistant Instructor for Successor Training)
An assistant instructor for successor training pursuant to the previous provisions as at the time this Act enters into force shall be deemed an instructor for successor training under this Act.
Article 3 (Relationship to Other Statutes)
Where “assistant instructor for successor training" is cited by other statutes (including the statutes which have been promulgated before this Act enters into force but their enforcement dates have not arrived yet) as at the time this Act enters into force, “instructor for successor training” pursuant to this Act shall be deemed cited.
ADDENDUM <Act No. 17583, Dec. 8, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17708, Mar. 22, 2020>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 18766, Sep. 18, 2022>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 19588, Aug. 8, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on May 17, 2024.
Article 2 (Transitional Measures concerning Designation of Intangible Cultural Heritage)
National intangible cultural heritage, City/Do intangible cultural heritage, and national intangible cultural heritage in need of urgent safeguarding, designated pursuant to the previous provisions as at the time this Act enters into force, shall be deemed national intangible cultural heritage, City/Do intangible cultural heritage, and national intangible cultural heritage in need of urgent safeguarding under this Act, respectively.
Article 3 (Transitional Measures concerning Holders of Intangible Cultural Heritage)
Holders, group holders, honorary holders, certified trainees, and successor scholarship recipients of, and instructors for successor training in, national intangible cultural heritage recognized under the previous provisions as at the time this Act enters into force shall be deemed holders, group holders, honorary holders, certified trainees, and successor scholarship recipients of, and instructors for successor training in, national intangible cultural heritage recognized under this Act, respectively.
Article 4 (Transitional Measures concerning Grounds for Disqualification of Successors and Revocation of Recognition)
The previous provisions shall apply to a successor who falls within the grounds for disqualification under the amended provisions of Article 19-2 or the grounds for revocation of recognition under the amended provisions of Article 21 (1) 2 due to grounds arising before this Act enters into force, notwithstanding those amended provisions. Article 5 (Transitional Measure concerning Establishment of Committee)
The Intangible Cultural Heritage Committee and City/Do intangible cultural heritage committees established under the previous provisions as at the time this Act enters into force, shall be deemed the intangible cultural heritage Committee and City/Do intangible cultural heritage committees under this Act, respectively.
Article 6 (Transitional Measures concerning Establishment of Center)
The Korea Intangible Cultural Heritage Promotion Center established under the previous provisions as at the time this Act enters into force shall be deemed the Korea intangible cultural heritage Promotion Center under this Act.
Article 7 Omitted.
Article 8 (Relationship to Other Statutes and Regulations)
A citation of the previous Act on the Safeguarding and Promotion of Intangible Cultural Heritage or any provision thereof by other statutes or regulations in force as at the time this Act enters into force (including statutes or regulations which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive) shall be deemed a citation of this Act or relevant provision hereof, if any, in lieu of such previous Act or any provision thereof.