CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the cultural edification of Korean nationals and to contribute to the development of human culture by inheriting national culture and enabling it to be utilized through the preservation of cultural heritage. <Amended on Aug. 8, 2023>
| 1. | Tangible cultural heritage: Tangible cultural works of outstanding historic, artistic, or academic value, such as buildings, records (a compilation of texts and pictures), books, ancient documents, paintings, sculptures, and artifacts, and other archeological resources similar thereto; |
| 2. | Deleted; <Aug. 8, 2023> |
| 3. | Monuments: Historic sites and particularly commemorable facilities which are of outstanding historic or academic value, such as temple sites, ancient tombs, shell mounds, fortress ruins, old palace ruins, kiln sites, and relic-containing strata; |
| (a) | Delete; <Mar. 21, 2023> |
| (b) | Delete; <Mar. 21, 2023> |
| (c) | Delete; <Mar. 21, 2023> |
| 4. | Folklore resources: Clothing, implements, houses, etc. used for customs or traditions related to food, clothing, housing, trades, religion, annual observances, etc. which are essential for understanding changes to the life of nationals. |
| (2) | The term "cultural heritage education" in this Act means education which helps to cultivate an awareness of the people's love of cultural heritage and establish the identity of people through the learning of the historical, artistic, scientific, and scenic values of cultural heritage, and the specific scope and types of education on cultural heritage shall be prescribed by Presidential Decree. <Newly Inserted on Nov. 26, 2019; Aug. 8, 2023> |
| (3) | The term "designated cultural heritage" in this Act means the following items:<Amended on Jan. 28, 2014; Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | State-designated cultural heritage: Cultural heritage designated by the Administrator of the National Heritage Administration pursuant to Articles 23 through 26; |
| 2. | City/Do-designated cultural heritage: Cultural heritage designated by 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") pursuant to Article 70 (1); |
| 3. | Cultural heritage resources: Cultural heritage designated by a Mayor/Do Governor pursuant to Article 70 (2) among those not designated pursuant to subparagraph 1 or 2. |
| (4) | Deleted. <Sep. 14, 2023> |
| (5) | The term "protection zone" in this Act means an area designated to preserve and manage any designated cultural heritage, excluding an area where the designated cultural heritage occupies, in the cases where a tangible object fixed on the ground or a certain area is designated as cultural heritage. <Amended on Nov. 26, 2019; Aug. 8, 2023; Jan. 23, 2024> |
| (6) | The term "protective facility" in this Act means any building or facility designated to protect cultural heritage. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| (7) | The term "historic and cultural environment" in this Act means the natural landscape or any place of outstanding historic and cultural value near cultural heritage that needs to be protected together with the relevant cultural heritage. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| (8) | The term "construction work" in this Act means a civil work, construction work, landscaping work, or other construction works prescribed by Presidential Decree which involve a change to the original form of land or seabed. <Amended on Nov. 26, 2019> |
| (9) | The term "Korean cultural heritage overseas" means any cultural heritage located within the territory of a foreign country (excluding any cultural heritage taken out of the Republic of Korea pursuant to the proviso of Article 39 (1) or the proviso of Article 60 (1)) which has direct historical and cultural relations with the Republic of Korea. <Amended on Mar. 21, 2017; Nov. 26, 2019; Aug. 8, 2023> |
| (10) | The term "intelligence informatization of cultural heritage" in this Act means the application and convergence of intelligence information technology for cultural heritage to the production, collection, analysis, distribution, and utilization, etc. of cultural heritage data to make the preservation, management, and utilization of cultural heritage efficient and advanced. <Newly Inserted on Jan. 18, 2022; Aug. 8, 2023> |
| (11) | The term "cultural heritage data" in this Act means structured or unstructured information in a machine-readable form that is generated or processed through a device capable of processing information for the intelligence informatization of cultural heritage. <Newly Inserted on Jan. 18, 2022; Aug. 8, 2023> |
| (12) | The term "intelligence information technology for cultural heritage" in this Act means a technology for preservation, management, and utilization of cultural heritage or a technology for the integration and utilization thereof, among intelligent information technologies defined in subparagraph 4 of Article 2 of the Framework Act on Intelligent Informatization. <Newly Inserted on Jan. 18, 2022; Aug. 8, 2023> |
| (13) | In this Act, the term "digital cultural heritage content" means creative works using cultural heritage records and knowledge, information, technology, etc. in order to enhance the utility of the preservation, management and utilization of cultural heritage, which are digital content defined in subparagraph 5 of Article 2 of the Framework Act on the Promotion of Cultural Industries and multimedia content referred to in subparagraph 7 of the same Article. <Newly Inserted on Jan. 9, 2024> |
| Article 3 (Basic Principles of Protection of Cultural Heritage) |
The basic principle for the preservation, management, and utilization of cultural heritage is to preserve them in their original state.
[Title Amended on Aug. 8, 2023]
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State shall establish and implement comprehensive measures for the preservation, management, and utilization of cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | Local governments shall establish and implement measures for the preservation, management, and utilization of cultural heritage, in consideration of the State's policy measures and regional characteristics. <Amended on Aug. 8, 2023> |
| (3) | The State and local governments shall endeavor not to damage cultural heritage, protective facilities and protection zones of cultural heritage, and historic and cultural environments in developing and implementing various development projects. <Amended on Aug. 8, 2023> |
| (4) | Korean nationals shall actively cooperate in the State's and local governments' policy measures for the preservation and management of cultural heritage. <Amended on Aug. 8, 2023> |
| Article 4-2 (Placement of Specialized Personnel) |
| (1) | In order to formulate and implement policies for the preservation, management and utilization of cultural heritage of the relevant institution, the head of a local government shall designate and operate an officer in charge of cultural heritage from among public officials under his/her control, and shall appoint professional personnel for managing cultural heritage as necessary. |
| (2) | The head of a local government shall endeavor to establish a dedicated department to carry out the cultural heritage affairs of the institution. |
| (3) | Matters necessary for designation, operation, etc. of the officers in charge of cultural heritage and specialized personnel under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 31, 2023]
| Article 5 (Relationship to Other Statutes) |
| (1) | Unless otherwise provided in other statutes, the preservation, management, and utilization of cultural heritage shall be governed by this Act. <Amended on Aug. 8, 2023> |
| (2) | The repair, actual measurement, design, and supervision of designated cultural heritage (including provisionally designated cultural heritage under Article 32), the protection and investigation of buried cultural heritage, and the preservation and utilization of modern and contemporary cultural heritage shall be prescribed by separate statutes. <Amended on Aug. 8, 2023; Sep. 14, 2023> |
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF POLICIES FOR PROTECTION OF CULTURAL HERITAGE
| Article 6 (Formulation of Master Plans for Master Plans for Cultural Heritage) |
| (1) | The Administrator of the National Heritage Administration shall formulate a comprehensive master plan addressing the following matters (hereinafter referred to as "master plan for cultural heritage") every five years, in consultation with the head of a relevant central administrative agency and the competent Mayor/Do Governor to preserve, manage, and utilize cultural heritage: <Amended on Jan. 26, 2012; Mar. 27, 2015; Mar. 21, 2017; Nov. 26, 2019; Jan. 18, 2022; May 3, 2022; Aug. 8, 2023; Jan. 9, 2024; Feb. 13, 2024> |
| 1. | Basic direction and objectives for the preservation of cultural heritage; |
| 2. | Analysis and evaluation of the previous master plan for cultural heritage; |
| 3. | Matters relating to the repair, maintenance, and restoration of cultural heritage; |
| 4. | Matters relating to the protection of the historic and cultural environment of cultural heritage; |
| 5. | Matters relating to the safety management of cultural heritage; |
| 5-2. | Matters relating to sanitation and disease control with respect to infectious diseases, etc. in facilities and areas related to cultural heritage; |
| 6. | Matters relating to the informatization of cultural heritage data; |
| 6-2. | Matters relating to intelligence informatization of cultural heritage; |
| 6-3. | Matters relating to cultural heritage digital content; |
| 7. | Matters relating to raising resources to finance preservation of cultural heritage; |
| 7-2. | Matters relating to the restitution and utilization of Korean cultural heritage overseas; |
| 7-3. | Matters relating to cultural heritage exchange and cooperation between North and South Korea; |
| 7-4. | Matters relating to education on heritage; |
| 8. | Matters relating to research and development to preserve, manage and utilize cultural heritage; |
| 9. | Other matters necessary to preserve, manage, and utilize cultural heritage. |
| (2) | The Administrator of the National Heritage Administration shall consider opinions of owners, custodians, or management organizations and relevant experts prescribed by Presidential Decree in formulating a master plan for cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where the Administrator of the National Heritage Administration formulates a master plan for cultural heritage, he or she shall inform the competent Mayor/Do Governor of such plan, and give public notice thereof in the Official Gazette. <Amended on Aug. 8, 2023; Feb. 13, 2024>\ |
| (3) | The Administrator of the National Heritage Administration may, if necessary for formulating a master plan, request the Mayor/Do Governor to submit data on the cultural heritage of the jurisdictional area. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 6-2 (Research and Development of Cultural Heritage) |
| (1) | The Administrator of the National Heritage Administration may conduct both its own research projects and joint research projects to efficiently implement research and development projects in the field of preservation, management, and utilization of cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Any joint research project referred to in paragraph (1) shall be conducted under an agreement on a specific-field research task with universities, industries, local governments, Government-funded research institutes, etc. |
| (3) | The Administrator of the National Heritage Administration may fully or partially provide contributions or subsidies to cover costs for joint research projects specified in paragraph (2), within the budget. <Amended on Feb. 13, 2024> |
| (4) | Matters necessary for joint research projects under paragraph (2) and the implementation thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
[Title Amended on Aug. 8, 2023]
| Article 7 (Establishment of Implementation Plans for Preservation of Cultural Heritage) |
| (1) | The Administrator of the National Heritage Administration and the Mayor/Do Governor shall formulate and implement an annual implementation plan (hereinafter referred to as "implementation plan") concerning the master plan. In such cases, the implementation plan shall include the following matters. <Amended on Nov. 26, 2019; Aug. 8, 2023; Oct. 31, 2023; Feb. 13, 2024> |
| 1. | Direction-setting for implementing projects in the relevant year; |
| 2. | Promotion principles by major projects; |
| 3. | Detailed plans by major project; |
| 4. | Matters concerning the deployment of specialized personnel in accordance with Article 4-2; |
| 5. | Other necessary matters for the preservation, management and utilization of cultural heritage. |
| (2) | A Mayor/Do Governor shall submit an implementation plan for the relevant year and a performance report for the preceding year to the Administrator of the National Heritage Administration each year, as prescribed by Presidential Decree. <Amended on Nov. 26, 2019; Feb. 13, 2024> |
| (3) | Upon formulating an implementation plan, the Administrator of the National Heritage Administration and a Mayor/Do Governor shall publicly announce it. <Amended on Nov. 26, 2019; Feb. 13, 2024> |
| (4) | Matters necessary for publication under paragraph (3), such as methods for publication, shall be prescribed by Presidential Decree. <Newly Inserted on Nov. 26, 2019> |
[Title Amended on Aug. 8, 2023]
| Article 7-2 (Reports on National Assembly) |
The Administrator of the National Heritage Administration shall finalize a fundamental plan, an implementation plan for the relevant year, and the implementation outcomes for the preceding year and submit them to the competent standing committee of the National Assembly without delay. <Amended on Aug. 8, 2023; Feb. 13, 2024>
[This Article Newly Inserted on Nov. 26, 2019]
| Article 8 (Establishment of Cultural Heritage Committee) |
| (1) | A Cultural Heritage Committee shall be established under the National Heritage Administration to investigate and deliberate on the following matters relating to the preservation, management, and utilization of cultural heritage: <Amended on Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023; Feb. 13, 2024> |
| 1. | Matters relating to the formulation of basic plans; |
| 2. | Matters relating to the designation of State-designated cultural heritage and the revocation thereof; |
| 3. | Matters relating to the designation of protective facilities or protection zones for any State-designated cultural heritage and the revocation thereof; |
| 4. | Deleted; <Mar. 27, 2015> |
| 5. | Matters relating to the changes of the current state of any State-designated cultural heritage; |
| 6. | Matters relating to the taking of any State-designated cultural heritage out of the Republic of Korea; |
| 7. | Matters relating to the protection of a historic and cultural environment for State-designated cultural heritage; |
| 9. | Matters relating to the excavation and evaluation of buried cultural heritage; |
| 10. | Matters deemed important which are professional or technical matters relating to the preservation and management of any State-designated cultural heritage; |
| 11. | Other matters referred to the Committee by the Administrator of the National Heritage Administration for deliberation on the preservation, management, and utilization of cultural heritage. |
| (2) | Members of the Committee shall be commissioned by the Administrator of the National Heritage Administration, from among the following persons, while the chairperson shall be elected by and from among the members: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | A person who is or was an associate professor or higher, in the faculty related to the preservation, management, and utilization of cultural heritage in a university under the Higher Education Act; |
| 2. | A person who has been engaged in business related to the preservation, management, and utilization of cultural heritage for at least 10 years; |
| 3. | An expert having abundant knowledge and experience in cultural heritage who has been engaged in business of anthropology, sociology, architecture, urban planning, tourism, environment, law, religion, or the press for at least ten years. |
| (3) | A sectoral committee may be established under the Committee to divide duties by type of cultural heritage for the deliberation on matters under the subparagraphs of paragraph (1). <Amended on Aug. 8, 2023> |
| (4) | Each subcommittee established under paragraph (3) may call joint meetings with other subcommittees (hereinafter referred to as "joint subcommittee"), if necessary for investigations, deliberation, etc. |
| (5) | Matters investigated and deliberated by a subcommittee or joint subcommittee pursuant to paragraph (1) 2 through 8, 8-2, and 9 through 11 shall be deemed to have been investigated and deliberated by the Cultural Heritage Committee. <Newly Inserted on Nov. 28, 2017; Aug. 8, 2023; Sep. 14, 2023> |
| (6) | The Cultural Heritage Committee, subcommittees, and joint subcommittees shall prepare meeting minutes stating the following matters. In such cases, stenographic notes or audio or video recording may be permitted if deemed necessary: <Amended on Nov. 28, 2017; Aug. 8, 2023> |
| 1. | Date, time, and venue of the meeting; |
| 3. | Matters deliberated upon and resolutions passed. |
| (7) | Meeting minutes prepared under paragraph (6) shall be disclosed to the public: Provided, That the relevant committee may resolve not to disclose them to the public in cases prescribed by Presidential Decree, such as having influence on property gains by a specific person, or infringing on a specific person's privacy. <Amended on Nov. 28, 2017> |
| (8) | Matters necessary for the organization, division of duties, operation, etc. of the Cultural Heritage Committee, subcommittees, and joint subcommittees shall be prescribed by Presidential Decree. <Amended on Nov. 28, 2017; Aug. 8, 2023> |
| (9) | The Cultural Heritage Committee may have non-standing technical expert members who conduct the collection of materials, investigations, research, etc. concerning the matters to be deliberated upon by the Cultural Heritage Committee under the orders of the Administrator of the National Heritage Administration or the chairperson of each subcommittee. <Newly Inserted on Jul. 14, 2011; Nov. 28, 2017; Aug. 8, 2023; Feb. 13, 2024> |
| (10) | Matters necessary for the number and terms of office of technical expert members of the Cultural Heritage Committee, qualifications for technical expert members, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Jul. 14, 2011; Nov. 28, 2017; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 9 Deleted. <Aug. 8, 2023> |
CHAPTER III CREATING FOUNDATION FOR PROTECTION OF CULTURAL HERITAGE
| Article 10 (Basic Investigation of Cultural Heritage) |
| (1) | The State and local governments may investigate the current state, management condition, etc. of existing cultural heritage, and prepare records thereon for preventing the loss of cultural heritage and for other purposes. <Amended on Aug. 8, 2023> |
| (2) | The Administrator of the National Heritage Administration and the head of a local government may either directly conduct an investigation or request the owner or custodian of the relevant cultural heritage or an organization, etc. related to the investigations and excavation of cultural heritage to present relevant data if necessary for an investigation under paragraph (1). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where the Administrator of the National Heritage Administration or the head of a local government is to conduct an investigation into cultural heritage, other than designated cultural heritage, he or she shall obtain prior consent from the owner or custodian of the relevant cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Matters necessary for detailed procedures, methods, etc. for investigations of cultural heritage shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 11 (Facilitating Informatization of Cultural Heritage) |
| (1) | The Administrator of the National Heritage Administration shall establish and operate an information system on cultural heritage to efficiently utilize investigated data under Article 10 and other necessary data for the preservation and management of cultural heritage, and to enable Korean nationals to readily access and use cultural heritage information. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration may request the heads of the relevant central administrative agencies and local governments, and the heads of relevant corporations and organizations such as museums and research institutes, to submit necessary data in order to establish the information system on cultural heritage under paragraph (1). In such cases, a person upon receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Amended on Nov. 28, 2017; Aug. 8, 2023; Feb. 13, 2024> |
| (3) | In requesting to present necessary data under paragraph (2), the Administrator of the National Heritage Administration may pay due compensation to persons other than the heads of central administrative agencies and local governments. <Newly Inserted on Nov. 28, 2017; Feb. 13, 2024> |
| (4) | The scope of the information system on cultural heritage under paragraph (1), its operation procedures, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Nov. 28, 2017; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 12 (Protection of Cultural Heritage during Construction Works) |
Where cultural heritage is likely to be damaged, destroyed, or submerged due to construction works, or where it is necessary to protect a historic and cultural environment of cultural heritage, the implementer of such construction works shall take necessary measures in compliance with instructions by the Administrator of the National Heritage Administration. In such cases, expenses incurred in taking such measures shall be borne by the implementer of the construction works. <Amended on Aug. 8, 2023; Feb. 13, 2024>
[Title Amended on Aug. 8, 2023]
| Article 13 (Protection of Historic and Cultural Environment Preservation Areas) |
| (1) | A Mayor/Do Governor shall designate a historic and cultural environment preservation area by municipal ordinances, following consultation with the Administrator of the National Heritage Administration in order to protect the historic and cultural environment of designated cultural heritage (excluding cultural heritage that can be categorized as movable property; hereafter in this Article the same shall apply). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | With respect to construction works to be implemented in an area outside an outer boundary (referring to a boundary of a designated protection zone, if a protection zone is designated; hereafter in this Article the same shall apply) of designated cultural heritage and within a historic and cultural environment preservation area designated by a Mayor/Do Governor pursuant to paragraph (1), an administrative agency in charge of the authorization, permission, etc. of the construction works shall conduct a summary impact assessment under Article 17 of the National Heritage Impact Assessment Act before granting authorization, permission, etc. for the construction works: Provided, That the same shall not apply where an impact assessment under Article 9 of the National Heritage Impact Assessment Act is conducted. <Amended on Jan. 28, 2014; Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The scope of a historic and cultural environment preservation area shall be within 500 meters from an outer boundary, in consideration of the historic, artistic, academic, and scenic value of the relevant designated cultural heritage, its surrounding environment, and other necessary matters for the protection of cultural heritage: Provided, That if construction works implemented in an area 500 meters away from an outer boundary of designated cultural heritage are clearly deemed to affect the cultural heritage due to its characteristics, locational conditions, etc., the scope thereof may be set in excess of 500 meters. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| (4) | Where the protection zones designated under Article 27 (2) are adjusted, if the Mayor/Do Governor deems that they do not influence the preservation of the designated cultural heritage, he or she may maintain the extent of the historic and cultural environment preservation areas determined pursuant to paragraph (3) in consultation with the Administrator of the National Heritage Administration. <Newly Inserted on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (5) | Where the Administrator of the National Heritage Administration designates the State-designated cultural heritage, or where a Mayor/Do Governor designates City/Do-designated cultural heritage and cultural heritage resources, he or she shall determine and publicly notify detailed standards for acts that could affect the preservation of the designated cultural heritage in a historic and cultural environment preservation area within six months from the date on which such designation is publicly notified. <Amended on Feb. 13, 2024> |
| (6) | When intending to determine detailed standards for the acts under paragraph (5), the Administrator of the National Heritage Administration may request a Mayor/Do Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to submit necessary data or opinion, and a Mayor/Do Governor may request the head of a Si/Gun/Gu to submit the same. <Newly Inserted on Jan. 28, 2014; Nov. 26, 2019; Feb. 13, 2024> |
| (7) | The summary impact assessment under paragraph (2) shall be omitted with respect to construction works performed within the scope of the relevant standards of conduct in an area where specific standards of conduct under paragraph (5) have been publicly notified: Provided, That with respect to construction works exceeding the scope of the relevant standards, a summary impact assessment shall be conducted pursuant to paragraph (2). <Amended on Jan. 28, 2014; Nov. 26, 2019; Feb. 13, 2024> |
| (8) | Detailed matters necessary for procedures for submitting the data or opinion under paragraph (6), etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on Jan. 28, 2014; Nov. 26, 2019> |
| Article 13-2 (Formulation and Implementation of Plans for Resident Support Projects) |
| (1) | The Mayor/Do Governor shall formulate and implement a plan for support projects (hereinafter referred to as "resident support projects") to improve the living environment and promote welfare of residents living in the historical and cultural environment preservation area in consultation with the Administrator of the National Heritage Administration. <Amended on Feb. 13, 2024> |
| (2) | The types of resident support projects shall be as follows: |
| 1. | Welfare promotion project; |
| 2. | Projects to improve dwelling conditions, such as repairing of housing; |
| 3. | Projects to improve infrastructure, such as roads, parking lots, water, and sewage systems; |
| 4. | Other projects deemed necessary by the Mayor/Do Governor as a resident support project. |
| (3) | The Mayor/Do Governor shall listen to the opinions of residents of the historical and cultural environment preservation area and endeavor to reflect their opinions in the process of formulating plans for resident support projects. |
| (4) | Matters necessary for the procedures for formulating and implementing a plan for resident support projects referred to in paragraphs (1) through (3), objects of support and standards, procedures for collecting opinions, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 31, 2023]
| Article 14 (Formulation of Policy Measures for Prevention of Fire and Implementation of Education and Public Relations Campaigns) |
| (1) | The National Heritage Administration and the governors of cities and provinces shall establish and implement necessary measures to prevent fire, wind and water damage, disaster and theft (hereinafter referred to as "fires, etc.") of designated cultural heritage and registered cultural heritage (hereinafter referred to as "registered cultural heritage") pursuant to subparagraph 2 of Article 2 of the Act on the Preservation and Utilization of Modern and Contemporary Cultural Heritage. <Amended on Aug. 8, 2023; Sep. 14, 2023; Jan. 23, 2024; Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration and the head of a local government shall provide educational training for the owners, managers, management organizations, etc. of cultural heritage for the initial response to fires, etc. of cultural heritage and for the day-to day prevention and management of cultural heritages, etc., and drills in preparation for fires, etc. prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023; Jan. 23, 2024; Feb. 13, 2024> |
| (3) | The Administrator of the National Heritage Administration and the head of a local government shall take necessary measures for the prevention of fires, etc. of cultural heritage based on the results of drills to prepare for fires, etc. under paragraph (2). <Amended on Jan. 23, 2024; Feb. 13, 2024> |
| (4) | The Administrator of the National Heritage Administration and the head of a local government shall initiate publicity campaigns to the citizens for the prevention of fires, etc. of cultural heritage. <Amended on Aug. 8, 2023; Jan. 23, 2024; Feb. 13, 2024> |
[Title Amended on Mar. 21, 2017]
[Title Amended on Aug. 23, 2022]
| Article 14-2 (Development of Fire Response Manuals) |
| (1) | The Administrator of the National Heritage Administration and a Mayor/Do Governor shall develop fire response manuals, etc. based on the characteristics of designated cultural heritage and registered cultural heritage and shall take measures so that owners, custodians, or management organizations of such cultural heritage can use the fire response manuals, etc. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Matters necessary for particulars to be included in manuals under paragraph (1), the scope of cultural heritage requiring the development of such manuals, and the regular inspections and cure of such manuals, shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-3 (Installation of Fire Prevention Facilities) |
| (1) | Any owner, custodian, and management organization of designated cultural heritage shall install, maintain, and manage fire-fighting systems and disaster-prevention systems according to standards stipulated under the Act on Installation and Management of Firefighting Systems to prevent and suppress fire on the designated cultural heritage and shall endeavor to install, maintain, and manage anti-theft devices according to standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism to prevent any theft of the designated cultural heritage. <Amended on Nov. 30, 2021; Aug. 8, 2023> |
| (2) | Any person who installs, maintains, and manages facilities referred to in paragraph (1) shall ensure the balance between said facilities and the historic and cultural environment preservation area in which said facilities are installed. |
| (3) | The Administrator of the National Heritage Administration or the head of a local government may fully or partially provide subsidies to a person who installs, maintains, and manages any of the following facilities to cover the costs therefor, within the budgets: <Amended on Feb. 13, 2024> |
| 1. | Firefighting systems, disaster-prevention systems, or anti-theft devices described in paragraph (1); |
| 2. | Sign boards informing smoking or non-smoking areas described in Article 14-4 (2). |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-4 (Designation of Non-Smoking Areas) |
| (1) | Any owner, custodian, and management organization of designated cultural heritage, registered cultural heritage, and their protective facilities, protection zones, and storage facilities (hereafter in this Article, referred to as "designated cultural heritage, etc.") shall designate the entire facilities or areas relating to designated cultural heritage, etc. as a non-smoking facility or area: Provided, That, only in cases of a residential building without fire risk, smoking areas may be designated, separately from non-smoking areas. <Amended on Aug. 8, 2023> |
| (2) | Any owner, custodian, or management organization of designated cultural heritage, etc. shall install sign boards informing smoking and non-smoking areas referred to in paragraph (1). <Amended on Aug. 8, 2023> |
| (3) | A Mayor/Do Governor may issue an order to a person who violates paragraph (2) to take measures for rectification within a specified period. |
| (4) | The standards and methods of installing sign boards informing smoking and non-smoking areas under paragraph (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism or municipal ordinance of the competent City/Do. |
| (5) | No person shall smoke in a non-smoking area referred to in paragraph (1). |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-5 (Request for Cooperation of Relevant Agencies or Organizations) |
Where fire prevention facilities, etc. are inspected, fire preparedness exercise, etc. is conducted, or it is necessary to immediately respond to fire, etc., the Administrator of the National Heritage Administration or the head of a local government may request the cooperation of the head of any of the following agencies or organizations in providing necessary equipment and human resources; and the head of the agency or organization upon receipt of such request shall cooperate in providing necessary equipment and human resources, unless there is a compelling reason not to do so: <Amended on Aug. 8, 2023; Feb. 13, 2024>
| 1. | A firefighting office or station; |
| 2. | A police office or station; |
| 4. | Other agencies and organizations prescribed by Presidential Decree, that are related to the protection of cultural heritage. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 14-6 (Building and Managing Database) |
| (1) | The Administrator of the National Heritage Administration shall collect emergency response information related to cultural heritage on a regular basis and shall build and manage a database of such information, to effectively respond to disasters on cultural heritage, such as fire. In such cases, the Administrator of the National Heritage Administration shall constantly update such database. <Amended on Aug. 8, 2023; Feb. 14, 2024> |
| (2) | Particulars of the database referred to in paragraph (1), such as the scope of collecting information and procedures for managing the database, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 15 (Support for Cultural Heritage Protection Activities) |
The Administrator of the National Heritage Administration may support or foster relevant organizations where deemed necessary for the protection, distribution, or publicity of cultural heritage. <Amended on Dec. 22, 2020; Aug. 8, 2023; Feb. 13, 2024>
[Title Amended on Aug. 8, 2023]
| Article 15-2 (Cultural Heritage Trader Education) |
The Administrator of the National Heritage Administration shall provide education on the matters to be observed by cultural heritage traders, etc., and the specifications, etc. related to cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024>
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 15-3 (Support for Improving Access to Cultural Heritage of Persons with Disabilities) |
| (1) | The Administrator of the National Heritage Administration or the head of a local government shall prepare necessary policy measures, such as provision of auxiliary services such as braille display and information assistance, and installation of convenient facilities, so that persons with disabilities can easily access cultural heritage. <Amended on Feb. 13, 2024> |
| (2) | The owners, managers, and management organizations of designated cultural heritage shall, when installing facilities for persons with disabilities pursuant to the policy measures under paragraph (1), ensure that the facilities for persons with disabilities are in harmony with the cultural heritage and historical and cultural environment preservation areas. |
| (3) | The Administrator of the National Heritage Administration or the head of a local government may subsidize to the owners, managers, and management organizations of designated cultural heritage who provide auxiliary services and install convenient facilities to cover all or part of the expenses incurred therein within budgetary limits. <Amended on Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 23, 2014]
| Article 16 (Fostering of Cultural Heritage Experts) |
| (1) | The Administrator of the National Heritage Administration may train specialized personnel for the protection of cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration may offer a scholarship where deemed necessary for fostering of experts under paragraph (1). <Amended on Feb. 13, 2024> |
| (3) | Where deemed necessary to verify the education and research status of a person on a scholarship under paragraph (2) (hereinafter referred to as "scholarship"), the Administrator of the National Heritage Administration may order the person to present an academic transcript or research report. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Where a person who is or has been awarded a scholarship has any cause prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, such as the suspension of undergoing education and conducting research and changes to the details thereof, he or she shall, without delay, report thereon to the Administrator of the National Heritage Administration. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | Where any cause prescribed by Ordinance of the Ministry of Culture, Sports and Tourism arises, such as the suspension of undergoing education and conducting research, changes to the details thereof, and poor performance, the Administrator of the National Heritage Administration may suspend the payment of the scholarship or order the return thereof. <Amended on Feb. 13, 2024> |
| (6) | Matters necessary for persons entitled to scholarships, application for payment of scholarships, suspension of scholarships, the return thereof, etc. under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[Title Amended on Aug. 8, 2023]
| Article 17 Deleted. <Aug. 8, 2023> |
| Article 17-2 Deleted. <Mar. 27, 2015> |
| Article 18 Deleted. <Aug. 8, 2023> |
| Article 19 Deleted. <Aug. 8, 2023> |
| Article 20 Deleted. <Aug. 8, 2023> |
| Article 21 (Protection of Cultural Heritage in Emergency) |
| (1) | Where deemed necessary for the protection of cultural heritage at a time of war, upheaval, or any emergency equivalent thereto, the Administrator of the National Heritage Administration may relocate or bury State-owned cultural heritage, designated cultural heritage which is not State-owned cultural heritage, and provisionally designated cultural heritage under Article 32 to or at a safe area, or take other necessary measures or order the owner, holder, possessor, custodian, or management organization of the relevant cultural heritage to relocate or bury it to or at a safe area, or take other necessary measures. <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where necessary for the protection of cultural heritage at a time of war, upheaval, or any emergency equivalent thereto, the Administrator of the National Heritage Administration may take them overseas, notwithstanding Article 39. In such cases, he or she shall undergo prior deliberation thereon by the State Council. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Article 46 shall apply mutatis mutandis to any person who sustains loss due to measures or orders taken or performed under paragraph (1): Provided, That this shall not apply to a force majeure event, such as a war. <Amended on Dec. 22, 2020> |
[Title Amended on Aug. 8, 2023]
| Article 22 (Requests for Support) |
The Administrator of the National Heritage Administration or a public official upon receipt of his or her order may request necessary support from the heads of relevant agencies, where necessary for taking measures stipulated under Article 21 (1). <Amended on Feb. 13, 2024>
| Article 22-2 (Promotion of Policies to Promote Cultural Heritage Education) |
The State and local governments shall endeavor to establish and implement policies on the following matters for the promotion of cultural heritage education: <Amended on Aug. 8, 2023>
| 1. | Building a foundation for the promotion of cultural heritage education; |
| 2. | Development and dissemination of programs and educational materials for cultural heritage education; |
| 3. | Training and support of professional manpower related to cultural heritage education; |
| 5. | Measures to raise funds to promote cultural heritage education; |
| 6. | Other matters necessary for the promotion of cultural heritage education. |
[This Article Newly Inserted on Nov. 26, 2019]
[Title Amended on Aug. 8, 2023]
| Article 22-3 (Fact-Finding Surveys on Cultural Heritage Education) |
| (1) | The Administrator of National Heritage Administration may conduct a survey on the current status of cultural heritage education in order to establish and implement policies related to cultural heritage education. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The extent and method of the fact-finding survey under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 26, 2019]
[Title Amended on Aug. 8, 2023]
| Article 22-4 (Designation of Cultural Heritage Education Support Center) |
| (1) | The Administrator of the National Heritage Administration may designate an institution or organization, the objective of which is to provide education on cultural heritage or deemed capable of providing education on cultural heritage, as a cultural heritage education support center (hereinafter referred to as "support center"), in order to revitalize regional education on cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The support center shall carry out the following projects. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Training and utilization of local cultural heritage education personnel; |
| 2. | Development and operation of cultural assets education programs and cultural assets education textbooks tailored to local circumstances; |
| 3. | Establishment and operation of a cooperative network among institutions or organizations related to regional cultural heritage education; |
| 4. | Cultural heritage education for local residents such as the underprivileged; |
| 5. | Projects entrusted by the Administrator of the National Heritage Administration to promote education on regional cultural heritage; |
| 6. | Other projects necessary to provide cultural heritage education suitable for local circumstances. |
| (3) | Where the Support Center designated pursuant to paragraph (1) falls under any of the following subparagraphs, the Administrator of the National Heritage Administration may revoke the designation or order the suspension of its business for up to six months, as prescribed by Presidential Decree: Provided, That in cases falling under subparagraph 1, the designation shall be revoked: <Amended on Feb. 13, 2024> |
| 1. | If it is designated by fraud or other improper means; |
| 2. | Where it fails to meet designation requirements for designation; |
| 3. | When it is recognized that the ability to perform work is significantly insufficient. |
| (4) | The Administrator of the National Heritage Administration may entrust affairs relating to cultural heritage education to a support center and other institutions prescribed by Presidential Decree, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | The state and local governments may subsidize, in whole or in part, support centers' expenses for project execution within the budget. |
| (6) | Other necessary matters relating to the designation requirements, operation, etc. of support centers shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 26, 2019]
[Title Amended on Aug. 8, 2023]
| Article 22-5 (Support for Cultural Heritage Education) |
| (1) | The State and local governments may support facilities and equipment for research and development of the details of cultural heritage education and activities for cultural heritage education, so as to enhance the public understanding of and interest in cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | The State and local governments may fully or partially subsidize project expenses within the budgets, to support the education of cultural heritage. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Nov. 26, 2019]
[Title Amended on Aug. 8, 2023]
| Article 22-6 (Development, Distribution and Certification of Cultural Heritage Education Programs) |
| (1) | The Administrator of the National Heritage Administration and each local government may develop and distribute cultural heritage education programs, so as to provide various opportunities for cultural heritage education to all people. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | A person who develops and operates a program for education on cultural heritage may apply for certification of such program to the Administrator of the National Heritage Administration. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The Administrator of the National Heritage Administration may certify a cultural heritage education program that has applied for certification pursuant to paragraph (2) if it meets the certification standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, such as educational content, educational subjects, and educational facilities. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | The validity of certification prescribed in paragraph (3) shall be three years from the date of certification. |
| (5) | A person who has obtained certification pursuant to paragraph (3) may apply a certification mark to the relevant cultural heritage education program as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023> |
| (6) | No one shall apply the certification mark under paragraph (5) to the cultural heritage education program that has not been certified under paragraph (3) any other mark similar thereto. <Amended on Aug. 8, 2023> |
| (7) | Other matters necessary to certify cultural heritage education programs shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Nov. 26, 2019]
[Title Amended on Aug. 8, 2023]
| Article 22-7 (Revocation of Certification of Cultural Heritage Education Programs) |
The Administrator of the National Heritage Administration may revoke the certification if a cultural heritage education program certified pursuant to Article 22-6 (3) falls under any of the following: Provided, That where falling into the case in subparagraph 1, the certification shall be revoked: | 1. | Where it has been certified by fraud or other wrongful means; |
| 2. | Where it fails to meet the certification standards under Article 22-6 (3). |
[This Article Newly Inserted on Nov. 26, 2019]
[Title Amended on Aug. 8, 2023]
| Article 22-8 (Donation of Designated Cultural Heritage) |
| (1) | The owner of a designated cultural heritage or a registered cultural heritage may donate the relevant cultural heritage to the National Heritage Administration. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where a cultural heritage asset is donated pursuant to paragraph (1), the Administrator of the National Heritage Administration shall make a decision on whether to accept the donation, following deliberation by the Cultural Heritage Receipt Deliberation Committee established pursuant to paragraph (3). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The National Heritage Administration shall have a cultural heritage receipt deliberative committee to determine whether to receive the designated cultural heritage and registered cultural heritage donated by its owner, and matters necessary for the organization, operation, etc. of the cultural heritage receipt deliberation committee shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | When there is a donation of cultural heritage under paragraph (1), the Administrator of the National Heritage Administration may accept such donations notwithstanding the Act on Collection and Use of Donations. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | The Administrator of the National Heritage Administration may recommend a person to be awarded a prize for meritorious deeds under paragraph (1), or recommend a decoration under the Awards and Decorations Act, and may provide honorable treatment, such as holding an exhibition related to cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (6) | Matters necessary for the procedures for donation under paragraph (1), and methods of management and operation thereof, and recommendation and honorable treatment under paragraph (5), etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
CHAPTER III-2 ESTABLISHMENT OF FOUNDATION FOR INTELLIGENTCE INFORMATIZATION OF CULTURAL HERITAGE
| Article 22-9 (Promotion of Policies for Intelligence Informatization of Cultural Heritage) |
| (1) | The Administrator of the National Heritage Administration shall formulate policies for the intelligence informatization of cultural heritage, for the objective and scientific preservation, management, utilization, etc. of cultural heritage and shall implement such policies. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Matters necessary for the establishment, implementation, etc. of the policies for intelligence informatization of cultural heritage under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Jan. 18, 2022]
[Title Amended on Aug. 8, 2023]
| Article 22-10 (Implementation of Projects Related to Cultural Heritage Data) |
| (1) | The Administrator of the National Heritage Administration may train specialized personnel for the protection of cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Production, collection, storage, processing, analysis, provision, and utilization of cultural heritage data; |
| 2. | Encouragement of the use of cultural heritage data and establishment of a distribution system; |
| 3. | Facilitation of technological development concerning cultural heritage data; |
| 4. | Standardization and improvement of quality of cultural heritage data; |
5 Other matters necessary for the production, collection, analysis, distribution, utilization, etc. of cultural heritage data.
| (2) | The Administrator of the National Heritage Administration shall systematically manage the metadata (referring to data that express the structure, properties, characteristics, history, etc. of data for systematic management and convenient search and utilization of data; hereinafter the same shall apply) and data relationship diagram (referring to the figure showing the relationship between data) for the cultural heritage data managed under paragraph (1). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The Administrator of the National Heritage Administration may train human resources to efficiently manage cultural heritage data; or may establish a system for sharing such resources in connection with State agencies, local governments, and universities, etc. and may support or foster such system. |
| (4) | Matters necessary for the subjects, details, methods, etc. under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 18, 2022]
[Title Amended on Aug. 8, 2023]
| Article 22-11 (Development of Intelligence Information Technology for Cultural Heritage) |
| (1) | The Administrator of the National Heritage Administration may train specialized personnel for the protection of cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Development and dissemination of intelligence information technology for cultural heritage; |
| 2. | Standardization of intelligence information technology for cultural heritage; |
| 3. | Collection, analysis, and processing of data necessary for the development of intelligence information technology for cultural heritage; |
| 4. | Establishment and operation of an information system for the management and utilization of intelligence information technology for cultural heritage; |
| 5. | Other matters necessary for the development, management, utilization, etc. of intelligence information technology for cultural heritage. |
| (2) | To ensure the sustainable development of intelligence information technology for cultural heritage, the Administrator of the National Heritage Administration may establish a cooperative system with the universities, government-funded research institutes, corporations, or organizations (hereinafter referred to as "universities, etc.") that develop intelligence information technology for cultural heritage and may provide support within the budgets. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Matters necessary for the subjects, details, methods, etc. of support under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 18, 2022]
[Title Amended on Aug. 8, 2023]
| Article 22-12 (Establishment and Operation of Intelligence Information Service Platform for Cultural Heritage) |
| (1) | The Administrator of the National Heritage Administration shall establish and operate an intelligence information service platform for cultural heritage containing the following matters to facilitate the intelligence informatization of cultural heritage: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Systematic management of cultural heritage data and metadata; |
| 2. | Development, management, utilization, etc. of intelligence information technology for cultural heritage; |
| 3. | Establishment of policies for the preservation, management, and utilization of cultural heritage through the analysis, etc. of cultural heritage data and metadata; and support for decision-making, related industries, and the utilization of cultural heritage, etc.; |
| 4. | Other matters necessary for the establishment and operation of the intelligence information service platform for cultural heritage. |
| (2) | The Administrator of the National Heritage Administration may request universities, etc. to provide data that they have produced or acquired and managed through contracts, business agreements, etc., if necessary for establishing the intelligence information service platform for cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The Administrator of the National Heritage Administration may connect the data management systems built and operated by State agencies, local governments, and universities, etc. to efficiently operate the intelligence information service platform for cultural heritage. In such cases, prior consultation shall be held with the head of the relevant State agencies, local governments, universities, etc. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Details of a contract or a business agreement under paragraph (2) and procedures therefor, and matters necessary for the interconnection of systems and prior consultation under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 18, 2022]
[Title Amended on Aug. 8, 2023]
| Article 22-13 (Entrustment of Business Affairs) |
| (1) | The Administrator of the National Heritage Administration may entrust business affairs referred to in Articles 22-10 (1) and (2), 22-11 (1), and 22-12 (1) to a corporation or organization, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration may provide necessary support to a corporation or organization entrusted with business affairs pursuant to paragraph (1) to smoothly perform the relevant affairs. |
[This Article Newly Inserted on Jan. 18, 2022]
Chapter III-3 Promotion of the Dissemination of Cultural Heritage Digital Content
| Article 22-14 (Promotion of Policies for Intelligence Informatization of Cultural Heritage) |
| (1) | National and local governments shall establish and promote policies to promote the collection, development, and utilization of cultural heritage digital content. |
| (2) | In formulating and implementing policies under paragraph (1), the following principles shall be complied with: |
| 1. | It shall strive to make cultural heritage digital content accessible and utilized by all citizens; |
| 2. | It shall not infringe the rights of others, such as intellectual property rights; |
| 3. | It shall ensure the protection and safety of personal information. |
| (3) | The Administrator of the National Heritage Administration may survey the public, universities, corporations and organizations on the demand for and current status of using digital cultural heritage content, and difficulties in using the content, etc. in order to effectively formulate and implement policies related to digital cultural heritage content. <Amended on Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-15 (Promotion of Policies for Intelligence Informatization of Cultural Heritage) |
| (1) | In order to collect cultural heritage digital contents, the Administrator of the National Heritage Administration may request the owner or manager of cultural heritage digital contents to submit a list of ownership and management thereof. <Amended on Feb. 13, 2024> |
| (2) | The head of the National Heritage Administration may receive cultural heritage digital contents that are recognized as having high value for activating their use through consultation with the right holder, or purchase them by paying a fair price. <Amended on Feb. 13, 2024> |
| (3) | Matters necessary for the collection, etc. of cultural heritage digital content under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-16 (Development of Cultural Heritage Digital Contents) |
| (1) | The Administrator of the National Heritage Administration may promote the following projects for the development of cultural heritage digital contents. <Amended on Feb. 13, 2024> |
| 1. | Research on technologies related to cultural heritage digital contents and surveys on the level of technology; |
| 2. | Production and development of cultural heritage digital contents; |
| 3. | Other matters necessary for the development of cultural heritage digital contents. |
| (2) | The Administrator of the National Heritage Administration may support universities, corporations, organizations, etc. that produce or develop cultural heritage digital contents within budgetary limits. <Amended on Feb. 13, 2024> |
| (3) | Necessary matters concerning the subject matter, procedures, etc. of support under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-17 (Promotion of Utilization of Public Information on Cultural Heritage Digital Content) |
| (1) | When the Administrator of the National Heritage Administration and the head of a local government disclose information held and managed, excluding information subject to non-disclosure under Article 9 of the Act on the Disclosure of Information by Public Institutions (hereinafter referred to as "public information"), the universities, corporations, organizations, etc. may use the relevant information for the production and development of cultural heritage digital contents. In such cases, where a license is required under the Copyright Act, he/she shall obtain a license in advance. <Amended on Feb. 13, 2024> |
| (2) | In order to promote the use of public information under paragraph (1), the Administrator of the National Heritage Administration and the head of a local government shall determine the conditions, methods, etc. of the use of such information and disclose them, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-18 (Promotion of Cooperative Development and Research of Cultural Heritage Digital Content) |
| (1) | The Administrator of National Heritage shall endeavor to facilitate collaborative development and research by sharing human resources, facilities, equipment, materials, funds, information, and other resources for the development and research of cultural heritage digital content. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of National Heritage may fully or partially subsidize expenses to persons who carry out collaborative development and collaborative research under paragraph (1). <Amended on Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-19 (Promotion of Utilization of Cultural Heritage Digital Content) |
| (1) | The Administrator of the National Heritage Administration may promote the following projects to activate the utilization of cultural heritage digital content. <Amended on Feb. 13, 2024> |
| 1. | Establishment and operation of a cultural heritage digital content platform in accordance with Article 22-20; |
| 2. | Operation of broadcasting channels for the development and dissemination of visual cultural heritage digital content; |
| 3. | Creation and operation of space for the utilization of cultural heritage digital content; |
| 4. | Organizing forums and seminars to promote the use of cultural heritage digital content; |
| 5. | Other projects necessary to revitalize the use of cultural heritage digital content. |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-20 (Establishment and Operation of Cultural Heritage Digital Content Platform) |
| (1) | The Administrator of the National Heritage Administration may establish and operate a cultural heritage digital content platform so that all citizens can freely use, utilize and share cultural heritage digital content. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration may request the heads of relevant central administrative agencies and the heads of local governments to cooperate in linking and providing cultural heritage digital content necessary for the establishment and operation of the cultural heritage digital content platform. <Amended on Feb. 13, 2024> |
| (3) | Other matters necessary for the establishment and operation, and promotion of use and utilization, of cultural heritage digital contents platform shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-21 (Reproduction Cultural Heritage Digital Content) |
| (1) | The Administrator of the National Heritage Administration may reproduce or publish all or part of the cultural heritage digital contents of the cultural heritage digital contents platform under Article 22-20, and sell or distribute them, or provide them to users by copying or printing them out: Provided, That the same shall not apply to cultural heritage digital contents whose provision is prohibited by other statutes or regulations or for which there is no license for the rights protected under the Copyright Act. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration may, as prescribed by Presidential Decree, receive fees from users who intend to reproduce or print out and utilize cultural heritage digital contents of the cultural heritage digital content platform. <Amended on Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-22 (Entrustment of Business Affairs) |
| (1) | The Administrator of the National Heritage Administration may entrust the operation of the cultural heritage digital content platform under Article 22-20 to a juristic person or organization, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration may provide necessary administrative and financial support to a juristic person or organization entrusted with affairs pursuant to paragraph (1) to perform the relevant affairs smoothly. <Amended on Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-23 (International Cooperation on Cultural Heritage Digital Content) |
The Administrator of the National Heritage Administration may identify international trends on the promotion of the use, etc. of cultural heritage digital content and promote international cooperation in the following subparagraphs: <Amended on Feb. 13, 2024>
| 1. | Support for international exchange of technology and human resources related to cultural heritage digital content; |
| 2. | Support for international standardization of cultural heritage digital content and international joint research and development projects, etc.; |
| 3. | Support for international cooperation in the private sector related to cultural heritage digital contents; |
| 4. | Other matters necessary for international cooperation on cultural heritage digital content. |
[This Article Newly Inserted on Jan. 9, 2014]
| Article 22-24 (Support for Underprivileged Classes of Cultural Heritage Digital Content) |
The Administrator of the National Heritage Administration shall formulate and implement necessary policies so that the socially disadvantaged who have difficulties in freely accessing or using cultural heritage digital contents due to economic, regional, physical or social conditions may conveniently use the digital cultural heritage contents. <Amended on Feb. 13, 2024>
[This Article Newly Inserted on Jan. 9, 2014]
CHAPTER IV STATE-DESIGNATED CULTURAL HERITAGE
| Article 23 (Designation of Treasures and National Treasures) |
| (1) | The Administrator of the National Heritage Administration may designate important tangible cultural heritages as treasures after deliberation by the Cultural Heritage Committee. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration may designate cultural heritage of great importance for humanity and without parallel in human history, among treasures under paragraph (1), as national treasures, following deliberation by the Cultural Heritage Committee. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Matters necessary for standards, procedures, etc. for the designation of treasures and national treasures under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 24 Deleted. <Aug. 8, 2023> |
| Article 25 (Designation of Historic Sites) |
| (1) | The Administrator of the National Heritage Administration may designate more important monuments as historic sites, following deliberation by the Cultural Heritage Committee. <Amended on Feb. 13, 2024> |
| (2) | Matters necessary for the standards, procedures, etc. for designation of historic sites under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 8, 2023]
| Article 26 (Designation of National Folk Cultural Heritage) |
| (1) | The Administrator of the National Heritage Administration may designate important tangible cultural heritages as treasures after deliberation by the Cultural Heritage Committee. <Amended on Mar. 21, 2017; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Matters necessary for standards, procedures, etc. for the designation of national folklore resources under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017; Aug. 8, 2023> |
[Title Amended on Mar. 21, 2017; Aug. 8, 2023]
| Article 27 (Designation of Protective Facilities or Protection Zones) |
| (1) | If specifically necessary to protect cultural heritage in granting designation pursuant to Article 23, 25, or 26, the Administrator of the National Heritage Administration may designate protective facilities or protection zones therefor. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where deemed necessary due to a change, etc. in artificial or natural conditions, the Administrator of the National Heritage Administration may adjust protective facilities or protection zones designated pursuant to paragraph (1). <Amended on Feb. 13, 2024> |
| (3) | Where the Administrator of the National Heritage Administration has designated or adjusted protective facilities or protection zones pursuant to paragraphs (1) and (2), he or she shall review whether such designation or adjustment is appropriate before every tenth anniversary of such designation or adjustment passes, in consideration of the following matters: Provided, That the period for review may be extended up to the period prescribed by Presidential Decree, if it is impracticable to review the appropriateness in a timely manner due to any extenuating circumstance: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | The value of the cultural heritage worthy of preservation; |
| 2. | The effects of the designation of protective facilities or protection zones on the exercise of property rights; |
| 3. | The environment surrounding the protective facilities or protection zones. |
| (4) | Matters necessary for the designation and adjustment, the review of appropriateness, and other relevant matters under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 28 (Public Notice and Notification of Designation) |
| (1) | If the Administrator of the National Heritage Administration designates any property as State-designated cultural heritage (including its protective facilities and protection zones) pursuant to Articles 23 and 25 through 27, he or she shall publish notice of the purport thereof in the Official Gazette, and shall, without delay, publicly notify the owner of the relevant cultural heritage of such designation. <Amended on Mar. 27, 2015; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | In cases falling under paragraph (1), where no owner of cultural heritage exists, or it is unclear who the owner of cultural heritage is, notice shall be given to the possessor or custodian of the relevant cultural heritage. <Amended on Aug. 8, 2023> |
[Title Amended on Mar. 27, 2015]
| Article 29 (Issuance of Letters of Designation) |
| (1) | Where the Administrator of the National Heritage Administration designates cultural heritage as a national treasure, treasure, or national folklore resource pursuant to Article 23 or 26, he or she shall issue a letter of designation to the owner of the relevant cultural heritage. <Amended on Mar. 21, 2017; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Deleted. <Mar. 27, 2015> |
[Title Amended on Mar. 27, 2015]
| Article 30 (Effective Time of Designation) |
The designation under Articles 23 and 25 through 27 shall become effective, with respect to the owner, possessor, or custodian of cultural heritage, on the date when notice of the designation is published in the Official Gazette. <Amended on Mar. 27, 2015; Aug. 8, 2023> [Title Amended on Mar. 27, 2015]
| Article 31 (Revocation of Designation) |
| (1) | Where cultural heritage designated under Article 23, 25, or 26 loses its value as State-designated cultural heritage, or such designation needs to be revoked based on its valuation, the Administrator of the National Heritage Administration may revoke the designation, following deliberation by the Cultural Heritage Committee. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Deleted. <Mar. 27, 2015> |
| (3) | Deleted. <Mar. 27, 2015> |
| (4) | The Administrator of the National Heritage Administration shall revoke the designation of a protected place or a protected area or adjust the scope thereof, if the designation of a protected place or a protected area is not appropriate as a result of the examination under Article 27 (3) or there are other special grounds. Where the designation of the State-designated cultural heritage is revoked, the designation of a protected object or protected area of the relevant cultural heritage shall be revoked without delay. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | Articles 28 and 30 shall apply mutatis mutandis to the public notice and notification concerning the revocation of the designation of cultural heritage under paragraphs (1) and (4), and the time such revocation becomes effective. <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (6) | Where the owner of a national treasure, treasure, or national folklore resource is notified of the revocation under paragraph (5) and Article 28, he or she shall return the letter of designation of the relevant cultural heritage to the Administrator of the National Heritage Administration within 30 days from the date on which such notice is given. <Amended on Mar. 21, 2017; Aug. 8, 2023; Feb. 13, 2024> |
| (7) | Deleted. <Mar. 27, 2015> |
[Title Amended on Mar. 27, 2015]
| Article 32 (Provisional Designation) |
| (1) | Where there exists an urgent need to protect cultural heritage deemed worthy of designation pursuant to Article 23, 25, or 26, but there is insufficient time to undergo deliberation thereon by the Cultural Heritage Committee, the Administrator of the National Heritage Administration may provisionally designate the cultural heritage as important cultural heritage. <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The provisional designation under paragraph (1) shall become effective on the date on which such designation is notified to the owner, possessor, or custodian of provisionally designated cultural heritage (hereinafter referred to as "provisionally designated cultural heritage"). <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| (3) | The provisional designation under paragraph (1) shall be deemed revoked where the designation under Article 23, 25, or 26 is not granted within six months from the date on which the provisional designation is granted. <Amended on Nov. 26, 2019> |
| (4) | Articles 28 and 29 (1) shall apply mutatis mutandis to the notification of provisional designation and the issuance of a letter of provisional designation under paragraph (1), but public notice in the Official Gazette under Article 28 (1) is not required for such case. <Amended on Nov. 26, 2019> |
[Title Amended on Nov. 26, 2019]
SECTION 2 Preservation, Management and Utilization
| Article 33 (Management Principles for Owners) |
| (1) | The owner of State-designated cultural heritage shall protect the relevant cultural heritage with the care of a good administrator. <Amended on Aug. 8, 2023> |
| (2) | The owner of the State-designated cultural heritage may, if necessary, appoint a manager to protect the cultural heritage on his/her behalf. <Amended on Aug. 8, 2023> |
| Article 34 (Management by Management Organizations) |
| (1) | Where the identity of an owner of State-designated cultural heritage is unknown or it is deemed difficult or inappropriate for the owner or custodian to manage the State-designated cultural heritage, the Administrator of the National Heritage Administration may designate a local government, corporation or organization competent to manage the cultural heritage as a management organization for the management of the State-designated cultural heritage. In such cases, the management organization of cultural heritage not directly managed by the State among State-designated cultural heritage shall be the competent Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply): Provided, That where cultural heritage extends over at least two Sis/Guns/Gus, the competent Special Metropolitan City, Metropolitan City, or Do (excluding the Special Self-Governing City and the Special Self-Governing Province) shall be the management organization of such cultural heritage. <Amended on Jan. 28, 2014; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | A local government designated as a management organization may entrust a corporation or organization competent to manage the relevant cultural heritage with management affairs thereof, following consultation with the Administrator of the National Heritage Administration. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where the Administrator of the National Heritage Administration intends to designate a management organization pursuant to paragraph (1), he or she shall hear the opinion of the owner of the relevant cultural heritage, or a local government, corporation, or organization he or she intends to designate. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Where the Administrator of the National Heritage Administration designates a management organization pursuant to paragraph (1), he or she shall, without delay, give public notice of the purport thereof in the Official Gazette, and shall notify the owner or custodian of State-designated cultural heritage and the relevant management organization. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | No one shall obstruct management activities of a management organization designated pursuant to paragraph (1). <Amended on Jan. 28, 2014> |
| (6) | Expenses incurred in managing State-designated cultural heritage by a management organization shall be borne by the management organization, except as otherwise provided in this Act, but the State or the competent local government may subsidize the expenses within the budgets if the management organization is incapable of bearing such expenses. <Amended on Feb. 3, 2016; Aug. 8, 2023> |
| (7) | Article 30 shall apply mutatis mutandis to the time the designation of a management organization under paragraph (1) becomes effective. |
| Article 34-2 (Special Management by the State) |
| (1) | Notwithstanding Article 34 (1), if the Administrator of the National Heritage Administration deems that, with respect to any State-designated cultural heritage, management by the owner, custodian, or management organization thereof is difficult or inappropriate, he or she may directly and protect the relevant cultural heritage, following deliberation by the Cultural Heritage Committee. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Expenses incurred in managing and protecting State-designated cultural heritage pursuant to paragraph (1) shall be borne by the State. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 35 (Matters Subject to Permission) |
| (1) | A person who intends to perform any of the following acts in connection with State-designated cultural heritage shall obtain permission from the Administrator of the National Heritage Administration, as prescribed by Presidential Decree, and the same shall also apply where he or she intends to alter any permitted matter: Provided, That permission (including permission for changes) from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu is required for placing a direction board or a warning sign within a protection zone of the State-designated cultural heritage and for other insignificant acts prescribed by Presidential Decree: <Amended on Jan. 28, 2014; Mar. 27, 2015; Nov. 28, 2017; Nov. 26, 2019; Dec. 22, 2020; May 18, 2021; Mar. 21, 2023; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Acts prescribed by Presidential Decree which change the current state of State-designated cultural heritage (including its protective facilities and protection zone); |
| 2. | Acts prescribed by Presidential Decree which could affect the preservation of State-designated cultural heritage (excluding cultural heritage categorized as movable property); |
| 3. | Taking a rubbed copy or a photoprint (reproducing originals by means of photo taking, etc.), or such act of taking a photograph of State-designated cultural heritage, as prescribed by Presidential Decree, in a manner that could affect the preservation of the cultural heritage; |
| 4. | Deleted; <Mar. 21, 2023> |
| (2) | Where permission from the Administrator of the National Heritage Administration or from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu is granted pursuant to paragraph (1) 2 in an area where the historic and cultural environment preservation area of State-designated cultural heritage overlaps with that of City/Do-designated cultural heritage, permission by the relevant Mayor/Do Governor under Article 74 (2) shall be deemed granted. <Amended on Jan. 28, 2014; Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The Administrator of the National Heritage Administration may entrust a Mayor/Do Governor with affairs regarding permission for changes to insignificant matters prescribed by Presidential Decree, among permitted matters relating to activities which could affect the preservation of State-designated cultural heritage under paragraph (1) 2. <Amended on Jan. 28, 2014; Aug. 8, 2023; Feb. 13, 2024> |
| (4) | The Administrator of the National Heritage Administration, the Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, and the head of a Si/Gun/Gu shall notify the applicant of whether or not the permit is granted within 30 days (not including the period prescribed by the Presidential Decree, such as the period for deliberation by the Cultural Heritage Committee pursuant to Article 8) from the date of receipt of the application for a permit or modified permit pursuant to paragraph (1): Provided, in the case of deliberation by the Cultural Heritage Committee pursuant to Article 8, the result shall be notified to the applicant within 7 days from the date the deliberation ends. <Newly Inserted on Jun. 12, 2018; Jan. 23, 2024; Feb. 13, 2024> |
| (5) | If the Administrator of the National Heritage Administration, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the applicant of whether he or she grants permission, permission for changes, or the extension of the processing period prescribed in the statutes or regulations related to processing of civil complaints within the period specified in paragraph (4), permission or permission for modification shall be deemed granted on the day following the expiration date of such specified period (where the processing period is extended or re-extended pursuant to the statutes or regulations related to the processing of civil complaints, referring to the relevant processing period). <Newly Inserted on Jun. 12, 2018; Feb. 13, 2024> |
| Article 36 (Criteria for Permission) |
| (1) | The Administrator of the National Heritage Administration, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu upon receipt of an application for permission under Article 35 (1) shall grant permission only where an act subject to the application for permission meets the following requirements: <Amended on Jan. 28, 2014; Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Where such act does not affect the preservation and management of cultural heritage; |
| 2. | Where such act does not damage a historic or cultural environment of cultural heritage; |
| 3. | Such act shall comply with the master plans for cultural heritage and implementation plans. |
| (2) | Where necessary for permission under paragraph (1), the Administrator of the National Heritage Administration, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may authorize relevant professionals to conduct examination, as prescribed by Presidential Decree. <Newly Inserted on Jan. 28, 2014; Feb. 13, 2024> |
| Article 37 (Revocation of Permitted Matters) |
| (1) | Where a person who obtains permission under the main clause of Article 35 (1), Article 35 (3), the proviso of Article 39 (1), Article 39 (3), or Article 48 (5) falls under any of the following cases, the Administrator of the National Heritage Administration may revoke such permission: <Amended on Jan. 28, 2014; Feb. 3, 2016; Jun. 12, 2018; Feb. 13, 2024> |
| 1. | Where he or she violates permitted matters or conditions of permission; |
| 2. | Where he or she obtains permission by fraud or other improper means; |
| 3. | Where he or she is unable to fulfill permitted matters, or it is deemed likely to substantially undermine public interests. |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may cancel permission where a person who has obtained permission pursuant to the proviso of Article 35 (1) falls under any subparagraph of paragraph (1). <Newly Inserted on Jan. 28, 2014> |
| (3) | Where a person who obtains permission under Article 35 (1) fails to file a commencement report and a period for permission expires, such permission shall be deemed revoked. <Amended on Jan. 28, 2014> |
| Article 38 Deleted. <Mar. 21, 2023> |
| Article 39 (Prohibition of Exportation) |
| (1) | No national treasure, treasure, or national folklore resource shall be exported or removed from the Republic of Korea: Provided, That this shall not apply where any person obtains permission from the Administrator of the National Heritage Administration on condition that it should be removed from the Republic of Korea for the purpose of international cultural exchange, such as an overseas exhibition, research, study, etc. of cultural heritage and returned to the Republic of Korea within two years from the date on which it is removed. <Amended on Aug. 8, 2023; Jan. 23, 2024; Feb. 13, 2024> |
| (2) | Any person who intends to obtain permission to remove cultural heritage from the Republic of Korea pursuant to the proviso of paragraph (1), shall submit to the Administrator of the National Heritage Administration an application for permission for removal in form prescribed by Ordinance of the Ministry of Culture, Sports and Tourism through a computer system operated and managed by the Commissioner of the Korea Customs Service, by not later than five months before the scheduled date of removal. <Newly Inserted on Feb. 3, 2016; Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where a person who has obtained permission for removal pursuant to the proviso of paragraph (1) applies for the extension of the period therefor, the Administrator of the National Heritage Administration may permit extension of such period by up to two years, only if deemed necessary for achieving the original purpose of removal and for safety, etc. of cultural heritage. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024> |
| (4) | To examine whether permission for removal is granted or whether a period for removal is extended pursuant to the proviso of paragraph (1) and paragraph (3), specific criteria for such examination shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 3, 2016> |
| (5) | The Administrator of the National Heritage Administration may request a person who has obtained permission to remove cultural heritage from the Republic of Korea pursuant to the proviso of paragraph (1) to submit data on the status of the relevant cultural heritage, its preservation and management conditions, etc. In such cases, a person upon receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Newly Inserted Nov. 28, 2017; Aug. 8, 2023; Feb. 13, 2024> |
| (6) | Deleted. <Mar. 21, 2023> |
| (7) | Deleted. <Mar. 21, 2023> |
| (8) | Deleted. <Mar. 21, 2023> |
| Article 40 (Matters Subject to Reporting) |
| (1) | Where any of the following cases occurs, an owner, custodian, or management organization of Sate-designated cultural heritage (including its protective facilities and protection zone; hereafter in this Article the same shall apply) shall report the facts and circumstances thereof to the Administrator of the National Heritage Administration, as prescribed by Presidential Decree: Provided, That where a person obtains permission pursuant to the proviso of Article 35 (1) and commences or completes the conduct, he or she shall report the same to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: <Amended on Jan. 28, 2014; Mar. 27, 2015; Nov. 28, 2017; Mar. 21, 2023; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Where the custodian is appointed or dismissed; |
| 2. | Where the owner of State-designated cultural heritage changes; |
| 3. | Where the name or address of the owner or custodian changes; |
| 4. | Where the name of land, lot number, land category, area, etc. of the place where State-designated cultural heritage is located changes; |
| 5. | Where the place of safekeeping registered cultural heritage changes; |
| 6. | Where all or part of State-designated cultural heritage is destroyed, washed away, stolen, or damaged; |
| 7. | Where the changes in the current state of cultural heritage is commenced or completed with permission (including permission for changes) under Article 35 (1) 1; |
| 8. | Where cultural heritage permitted under Article 39 (1) is removed from the Republic of Korea and then returned; |
| 9. | Deleted; <Mar. 21, 2023> |
| 9-2. | Deleted; <Mar. 21, 2023> |
| 9-3. | Deleted. <Mar. 21, 2023> |
| (2) | Where a person files a report under paragraph (1), the owner and custodian shall jointly sign the report in cases falling under paragraph (1) 1, while the former and new owners shall, respectively, sign the report in cases falling under paragraph (1) 2. <Newly Inserted on Jan. 28, 2014> |
| (3) | Where a person who implements construction works in a historic and cultural environment preservation area commences or completes permitted matters after having obtained permission under Article 35 (1) 2 (including permission for changes) in the historic and cultural environment preservation area, he or she shall report the fact and the circumstances thereof to the Administrator of the National Heritage Administration, as prescribed by Presidential Decree: Provided, That where a person obtains permission pursuant to the proviso of Article 35 (1) and commences or completes the conduct, he or she shall report the same to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Jan. 28, 2014; Feb. 13, 2024> |
| Article 41 Deleted. <Mar. 21, 2023> |
| Article 42 (Administrative Orders) |
| (1) | Where the Administrator of the National Heritage Administration or the head of a local government deems it necessary to preserve and manage the State-designated cultural heritage (including its protective facilities and protection zone; hereafter in this Article the same shall apply), he or she may order to take any of the following measures: <Amended on Mar. 27, 2015; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Prohibition or restriction on certain activities by an owner, custodian, or management organization of State-designated cultural heritage where the management condition of the State-designated cultural heritage is not appropriate for the preservation of the cultural heritage or where deemed specifically necessary to do so; |
| 2. | Repair, installation of other necessary facilities, or removal of any obstacle by an owner, custodian, or management organization of State-designated cultural heritage; |
| 3. | An emergency measure necessary for the preservation of cultural heritage by an owner, custodian, or management organization of State-designated cultural heritage; |
| 4. | Suspension of changes of the current state of State-designated cultural heritage or any act which could affect the preservation of State-designated cultural heritage, both of which are performed without permission under the subparagraphs of Article 35 (1), or reinstatement thereof. |
| (2) | Where an owner, custodian, or management organization of State-designated cultural heritage fails to fulfill an order issued pursuant to paragraph (1) 1 through 3 or it is deemed inappropriate to order the owner, custodian, or management organization of State-designated cultural heritage to take measures under paragraph (1) 1 through 3, the Administrator of the National Heritage Administration or the head of a local government may directly take measures under paragraph (1) 1 through 3 at the cost of the State. <Amended on Mar. 27, 2015; Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where a person upon receipt of an order under paragraph (1) 4 fails to fulfill such order, the Administrator of the National Heritage Administration or the head of a local government may vicariously execute it, as stipulated in the Administrative Vicarious Execution Act, and collect expenses incurred therein from the violator. <Amended on Feb. 13, 2024> |
| (4) | Where the head of the competent local government issues an order under paragraph (1), he or she shall report thereon to the Administrator of the National Heritage Administration. <Amended on Feb. 13, 2024> |
| Article 43 (Preparation and Preservation of Records) |
| (1) | The Administrator of the National Heritage Administration, and the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, and the head of each management organization shall prepare and preserve records concerning the preservation, management, and details of changes to State-designated cultural heritage. <Amended on Jan. 28, 2014; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where deemed necessary for the preservation and management of State-designated cultural heritage, the Administrator of the National Heritage Administration may authorize a person or research institute that has expertise in cultural heritage to keep records on State-designated cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| Article 44 (Regular Investigations) |
| (1) | The Administrator of the National Heritage Administration shall investigate on a regular basis the current state, management, and other conditions of preservation of the State-designated cultural heritage. <Amended on Mar. 27, 2015; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where the Administrator of the National Heritage Administration deems it necessary to conduct a further investigation after a regular investigation under paragraph (1), he or she may require public officials under his or her control to reinvestigate the State-designated cultural heritage in question. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | When an investigation is to be conducted pursuant to paragraphs (1) and (2), the purport thereof shall be communicated, in advance, to the owner, custodian, or management organization of the relevant cultural heritage: Provided, That a post-notice may be given in urgent cases. <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (4) | Public officials who conduct an investigation under paragraphs (1) and (2) may request an owner, custodian, or management organization of cultural heritage to cooperate in disclosing the cultural heritage, presenting data on the current state to the extent necessary for the investigation, and allowing access to the place where the cultural heritage is located, and may also take a measurement, excavate the ground, remove obstacles, and do other necessary acts for the investigation to the extent not damaging the current state of the cultural heritage: Provided, That consent from the owner, custodian, or management organization is required where such acts are conducted before sunrise or after sunset. <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (5) | Public officials who conduct an investigation pursuant to paragraph (4) shall carry documents indicating their authority and present them to relevant persons. |
| (6) | The Administrator of the National Heritage Administration may fully or partially delegate regular investigations and re-investigations under paragraphs (1) and (2) to a local government, or entrust such investigations to a specialized institution or organization, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (7) | The Administrator of the National Heritage Administration shall reflect the results of regular investigations and re-investigations under paragraphs (1) and (2) in the management of State-designated cultural heritage, as stipulated in the following: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Designation of cultural heritage and revocation thereof; |
| 2. | Designation of protective facilities or protection zones and revocation thereof; |
| 3. | Deleted; <Mar. 27, 2015> |
| 4. | Repairing cultural heritage; |
| 5. | Restriction and prohibition of any act which could affect the preservation of cultural heritage or installation, removal, or relocation of facilities; |
| 6. | Other necessary matters for the management of cultural heritage. |
| Article 45 (Ex Officio Investigations) |
| (1) | Where deemed necessary, the Administrator of the National Heritage Administration may require public officials under his or her control to investigate the current state, management, and other conditions of preservation of the State-designated cultural heritage. <Amended on Mar. 27, 2015; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where an ex officio investigation is conducted pursuant to paragraph (1), Article 44 (3) through (5) shall apply mutatis mutandis to notice of investigation, the extent of a request for cooperation in investigations, the scope of acts necessary for investigations, the duty to carry and present a certificate for investigations, and other relevant matters. <Amended on Aug. 8, 2023> |
| Article 45-2 (Public Announcement of State-Designated Cultural Heritage of Unknown Location) |
Where the location of the owner, manager, or management organization of the State-designated cultural heritage is unknown, or the loss or theft of the State-designated cultural heritage is confirmed, the Administrator of the National Heritage Administration shall publicly announce the list of the relevant cultural heritage and the reasons therefor on its website. do. <Amended on Feb. 13, 2024>
[This Article Newly Inserted on Jan. 23, 2014]
| Article 46 (Compensation for Losses) |
| (1) | The State shall compensate for losses sustained by any of the following persons: <Amended on Dec. 8, 2020> |
| 1. | A person who sustains any loss by following an order issued under Article 42 (1) 1 through 3; |
| 2. | A person who sustains any loss by taking a measure under Article 42 (2); |
| 3. | A person who sustains any loss due to investigations under Article 44 (4) (including cases applied mutatis mutandis under Article 45 (2)). |
| (2) | Matters necessary for those eligible for compensation for losses under paragraph (1) and procedures, etc. for said compensation under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 8, 2020> |
| Article 47 (Application Mutatis Mutandis of Matters to be Permitted to Provisionally Designated Cultural Heritage) |
SECTION 3 Public Disclosure and Admission Fees
| Article 48 (Public Disclosure of State-Designated Cultural Heritage) |
| (1) | State-designated cultural heritage shall be publicly disclosed unless there is a compelling reason not to do so, except where public disclosure of cultural heritage is restricted pursuant to paragraph (2). <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (2) | Where necessary to preserve State-designated cultural heritage and to prevent its damage, the Administrator of the National Heritage Administration may fully or partially restrict the disclosure of the relevant cultural heritage. In such cases, the Administrator of the National Heritage Administration shall hear the opinion of the owner (referring to a management organization where such organization is designated) of the cultural heritage in question. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where the Administrator of the National Heritage Administration places a restriction on public disclosure of State-designated cultural heritage pursuant to paragraph (2), he or she shall give public notice on the location of the area where the cultural heritage is located, the period during which public disclosure is restricted, the area subject to the restriction, and other relevant matters, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and shall inform the owner, custodian, or management organization of the relevant cultural heritage, the competent Mayor/Do Governor, and the head of the competent Si/Gun/Gu thereof. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | The Administrator of the National Heritage Administration shall, without delay, lift the restriction measure as soon as the grounds for a restriction on public disclosure of State-designated cultural heritage under paragraph (2) cease to exist. In such cases, the Administrator of the National Heritage Administration shall give public notice thereon, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and shall inform the owner, custodian, or management organization of the relevant cultural heritage, the competent Mayor/Do Governor, and the head of the competent Si/Gun/Gu thereof. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | A person who intends to enter a restricted area pursuant to paragraphs (2) and (3) shall obtain permission from the Administrator of the National Heritage Administration by clearly stating the reason therefor. <Amended on Feb. 13, 2024> |
| (6) | The Administrator of the National Heritage Administration shall notify the applicant whether he or she grants permission, within 30 days from the day the application for permission is received pursuant to paragraph (5). <Newly Inserted on Jun. 12, 2018; Feb. 13, 2024> |
| (7) | If the Administrator of the National Heritage Administration fails to notify the applicant whether he or she grants permission or extends the processing period prescribed in a statute or regulation related to processing of civil complaints within the period prescribed in paragraph (6), permission shall be deemed granted on the day following the expiration date of such period (where the processing period is extended or re-extended pursuant to a statute or regulation related to the processing of civil complaints, referring to the relevant processing period). <Newly Inserted on Jun. 12, 2018; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 49 (Collection and Deduction of, and Exemption from, Admission Fees) |
| (1) | An owner of any State-designated cultural heritage who discloses it to the public may collect admission fees from visitors: Provided, That where a management organization is designated, the management organization shall be the collecting authority. <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (2) | Admission fees under paragraph (1) shall be determined by the owner or management organization of the relevant State-designated cultural heritage. <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (3) | Notwithstanding paragraph (1), the State or a local government may exempt residents, etc. from admission fees, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in cases of State-designated cultural heritage managed by the State, and as prescribed by municipal ordinance in cases of State-designated cultural heritage managed by a local government. <Newly Inserted on Jan. 28, 2014; Aug. 8, 2023> |
| (4) | Where an owner or management organization of State-designated cultural heritage, other than the State or a local government, reduces or exempts admission fees prescribed in paragraph (1), the State or a local government may provide subsidies to cover expenses equivalent to the reduced or exempted admission fees for the management of State-designated cultural heritage, as prescribed by Presidential Decree. <Newly Inserted on May 3, 2022; Aug. 8, 2023> |
[Title Amended on Jan. 28, 2014]
| Article 50 Deleted. <Mar. 27, 2015> |
SECTION 4 Subsidies and Subsidization of Expenses
| (1) | The State may fully or partially subsidize the following expenses: <Amended on Aug. 8, 2023> |
| 1. | Expenses incurred in managing cultural heritage by a management organization under Article 34 (1); |
| 2. | Expenses incurred in taking measures stipulated under Article 42 (1) 1 through 3; |
| 3. | Expenses incurred in preservation, management, utilization of the State-designated cultural heritage or in preparation of records thereon, in addition to cases falling under subparagraphs 1 and 2; |
| 4. | Deleted. <Mar. 27, 2015> |
| (2) | The Administrator of the National Heritage Administration may supervise the repair of cultural heritage or any other works where he or she grants subsidies pursuant to paragraph (1). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Subsidies under paragraph (1) 2 and 3 shall be granted through the Mayor/Do Governor, and shall be managed and spent in compliance with the instructions of the Mayor/Do Governor: Provided, That such subsidies may be directly granted to an owner, custodian, or management organization, and may be managed and spent in compliance with the instructions of the Administrator of the National Heritage Administration where he or she deems it necessary to do so. <Amended on Mar. 27, 2015; Feb. 13, 2024> |
| Article 52 (Expenses Borne by Local Governments) |
A local government may bear or subsidize expenses incurred in preserving, managing, and utilizing the State-designated cultural heritage which are located in its jurisdiction, but not owned or managed by the local government. <Amended on Aug. 8, 2023>
| Article 53 Deleted. <Sep. 14, 2023> |
| Article 54 Deleted. <Sep. 14, 2023> |
| Article 55 Deleted. <Sep. 14, 2023> |
| Article 56 Deleted. <Sep. 14, 2023> |
| Article 57 Deleted. <Sep. 14, 2023> |
| Article 58 Deleted. <Sep. 14, 2023> |
| Article 59 Deleted. <Sep. 14, 2023> |
CHAPTER VI GENERAL MOVABLE CULTURAL HERITAGE
| Article 60 (Prohibition of Exportation of General Movable Cultural Heritage) |
| (1) | Article 39 (1) and (3) shall apply mutatis mutandis to cultural heritage classified as movable property (hereinafter referred to as "general movable cultural heritage"), among cultural heritage which are neither designated under this Act nor registered under the Act on the Preservation and Utilization of Modern and Contemporary Cultural Heritage: Provided, That this shall not apply to any of the following cases where the Administrator of the National Heritage Administration grants permission for international cultural exchange, including an overseas exhibition, research and study of general movable cultural heritage: <Amended on Feb. 3, 2016; Aug. 8, 2023; Sep. 14, 2023; Jan. 23, 2024; Feb. 13, 2024> |
| 1. | Where a museum, etc. established under the Museum and Art Gallery Support Act retrieves general movable cultural heritage taken out to a foreign museum, etc. within 10 years from the date on which it was taken out; |
| 2. | If a museum or an organization related to cultural heritage which is officially recognized by a foreign government purchases or receives through donation of general movable cultural heritage domestically and ships it out of the country with intent to exhibit it in a museum, public institute, etc. equipped with cultural heritage protection facilities in its own country. |
| (2) | Where a person who has obtained permission under the proviso of paragraph (1) falls under any subparagraph of Article 37 (1), the Administrator of the National Heritage Administration may revoke such permission. <Amended on Feb. 13, 2024> |
| (3) | Matters necessary for procedures, etc. for exportation or taking-out of general movable cultural heritage under paragraph (1) 2 shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023> |
| (4) | Where a person who has obtained permission under the proviso of paragraph (1) retrieves the permitted general movable cultural heritage after it was taken out of the Republic of Korea, he or she shall report thereon to the Administrator of the National Heritage Administration, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on May 18, 2021; Aug. 8, 2023; Feb. 13, 2024> |
| (5) | Where a person intends to export or take movable property out of the Republic of Korea that could be mistaken as general movable cultural heritage, he or she shall receive prior verification from the Administrator of the National Heritage Administration. <Amended on Feb. 13, 2024> |
| (6) | Matters necessary for the scope of general movable cultural heritage and the verification, etc. thereof under paragraph (1) and paragraph (5) shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (7) | If a person who has obtained permission for taking-out pursuant to the proviso of paragraph (1) (limited to the case of subparagraph 1) applies for an extension of the taking-out period, the Administrator of the National Heritage Administration may permit an extension of such period within 10 years from the date of taking-out, limited to the case satisfying the examination standards under paragraph (1), if deemed necessary for achieving the original purpose of taking-out or the safety of cultural heritage, etc. <Newly Inserted on May 18, 2021; Aug. 8, 2023; Feb. 13, 2024> |
| (8) | Specific examination standards for permitting taking-out of the Republic of Korea or export of general movable cultural heritage and the extension of a taking-out period or an export period such heritage under the proviso of paragraph (1) and paragraph (7) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on May 18, 2021; Aug. 8, 2023> |
| (9) | The Administrator of the National Heritage Administration may request a person who has obtained permission to remove cultural heritage from the Republic of Korea pursuant to the proviso of paragraph (1) to submit data on the status of the relevant cultural heritage, its preservation and management conditions, etc. In such cases, a person upon receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Newly Inserted May 18, 2021; Aug. 8, 2023; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 60-2 (Assignment of Cultural Heritage Appraiser) |
| (1) | In order to carry out the affairs relating to the prevention of illegal taking-out of cultural heritage and the appraisal, etc. of movable property taken abroad, the Administrator of the National Heritage Administration may assign cultural heritage appraisers at airports under subparagraph 3 of Article 2 of the Airport Facilities Act, international trade ports under subparagraph 2 of Article 2 of the Harbor Act, clearance post offices under Article 256 (2) of the Customs Act, and other relevant places. <Amended on Mar. 29, 2016; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Matters necessary for assignment, operation, etc. of cultural heritage appraisers pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Mar. 27, 2015]
[Title Amended on Aug. 8, 2023]
| Article 61 (Investigation on General Movable Cultural Heritage) |
| (1) | Where deemed necessary, the Administrator of the National Heritage Administration may require public officials under his or her control to investigate the current state of general movable cultural heritage possessed by a State agency or local government, its management, repair, and other preservation conditions thereof. In such cases, the head of the State agency or local government shall cooperate in the investigation. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where the Administrator of the National Heritage Administration deems that the preservation and management of cultural heritage is inappropriate based on the results of an investigation conducted under paragraph (1), he or she may request the head of the relevant agency or local government to prepare a scheme for the preservation and management of such cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The head of a State agency or local government upon receipt of a request by the Administrator of the National Heritage Administration under paragraph (2) shall prepare a scheme for the preservation and management of cultural heritage, and shall report to the Administrator of the National Heritage Administration, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Article 44 (3) through (5) shall apply mutatis mutandis to notice on investigations, requests for cooperation in investigations, and other matters necessary for such investigations where the Administrator of the National Heritage Administration conducts investigations under paragraph (1). <Amended on Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 61-2 (Reporting of Discovery of Cultural Heritage of General Movables Packed in Buildings) |
| (1) | A discoverer of a general movable cultural heritage paved in buildings, etc. or an owner, occupant, or manager of the buildings, etc. shall report the discovery thereof to the Administrator of the National Heritage Administration, without altering the current status thereof, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (3) | Notwithstanding paragraph (2) in the case of determining the ownership of general movable cultural heritage discovered and reported pursuant to paragraph (1), if the person who owns or occupies the building, etc. in which the general movable cultural heritage is discovered claims that the person is the owner of the general movable cultural heritage, proving that the person continues to own or occupy (including cases of successive ownership or occupation) the building, etc. through methods prescribed by the Presidential Decree, such as historical records, within 90 days after the discovery report pursuant to paragraph (1), the owner or occupant of the building, etc. shall be presumed to be the owner of the general movable cultural heritage, unless it is determined that there is a rightful owner as a result of the ownership determination. |
[This Article Newly Inserted on Sep. 14, 2023]
Chapter VII SPECIAL CASES FOR NATIONAL CULTURAL HERITAGE
| Article 62 (Management Authority and Office of General Administration) |
| (1) | Notwithstanding Article 8 of the State Property Act and Article 7 of the Commodity Management Act, cultural heritage owned by the State (hereinafter referred to as "State-owned cultural heritage") shall be managed and comprehensively controlled by the Administrator of the National Heritage Administration: Provided, That where State-owned cultural heritage is administrative property managed by the head of any central government agency (referring to the head of a central administrative agency under the National Finance Act; hereinafter the same shall apply) other than the Administrator of the National Heritage Administration or it is specially necessary for the head of any central government agency other than the Administrator of the National Heritage Administration to manage such cultural heritage, the Administrator of the National Heritage Administration shall designate a management authority, following consultation with the head of the relevant agency and the Minister of Economy and Finance. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where the Administrator of the National Heritage Administration designates a management authority pursuant to the proviso of paragraph (1), he or she shall seek opinions from the Cultural Heritage Committee. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The Administrator of the National Heritage Administration may delegate the management of State-owned cultural heritage which do not fall under the proviso of paragraph (1) to a local government, or entrust the management of such heritage to a non-profit corporation or non-profit organization that is not a corporation. In such cases, the profits accrued from the management of State-owned cultural heritage shall be the revenue of the person to whom management is delegated or entrusted. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| Article 63 (Free Administrative Exchanges between Accounts) |
State-owned cultural heritage that belongs to an account of another management authority may be transferred to the Administrator of the National Heritage Administration through an administrative exchange without consideration, notwithstanding Article 17 of the State Property Act. <Amended on Aug. 8, 2023; Feb. 13, 2024>
| Article 64 (Special Cases concerning Procedures and Methods) |
| (1) | Where the Administrator of the National Heritage Administration designates or provisionally designates State-owned cultural heritage, the management authority of which is otherwise designated pursuant to the proviso of Article 62 (1), or revokes the designation or provisional designation thereof, notice to the owner or possessor of cultural heritage required under this Act shall be given to the management authority of such cultural heritage. <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where Articles 40, 42, 45, and 49 apply to any State-owned cultural heritage, the management authority of which is otherwise designated pursuant to the proviso of Article 62 (1), "owner of cultural heritage" refers to the management authority of cultural heritage. <Amended on Aug. 8, 2023> |
| Article 65 (Restriction on Disposal) |
Where a management authority under the proviso of Article 62 (1) intends to perform any act other than those stipulated under the subparagraphs Article 35 (1) in connection with State-designated or provisionally designated cultural heritage under its control, it shall obtain the consent of the Administrator of the National Heritage Administration in advance. <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024>
| Article 66 (Prohibition of Transfer or Establishment of Private Rights) |
Unless otherwise specifically provided in this Act, no State-owned cultural heritage (including its site) may be transferred to any other person, nor may any private right be established therein: Provided, That the use of such cultural heritage may be permitted under certain terms and conditions only in necessary cases for any public or official purpose or for public service if it is determined that this does not create problems in protecting the cultural heritage. <Amended on Aug. 8, 2023>
CHAPTER VIII KOREAN CULTURAL HERITAGE OVERSEAS
| Article 67 (Protection of Korean Cultural Heritage Overseas) |
The State shall endeavor to protect and restitute Korean cultural heritage overseas, and secure an organization and a budget necessary therefor. <Amended on Aug. 8, 2023>
[Title Amended on Aug. 8, 2023]
| Article 68 (Investigations and Research of Korean Cultural Heritage Overseas) |
| (1) | The Administrator of the National Heritage Administration or the head of a local government may conduct investigations and research on the status of Korean cultural heritage overseas, its preservation and management conditions, details on how it was taken out of the Republic of Korea, and other relevant matters. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration or the head of a local government may request relevant agencies, including museums, the Korea Foundation, the National Institute of Korean History, and universities, to present data and information necessary for efficiently conducting investigations and research under paragraph (1), and relevant agencies so requested shall comply therewith. <Amended on Feb. 3, 2016; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 69 (Support for Protecting and Restituting Korean Cultural Heritage Overseas) |
| (1) | The Administrator of the National Heritage Administration or the head of a local government may support or foster relevant agencies or organizations where necessary for the protection and restitution of Korean cultural heritage overseas. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13 2024> |
| (2) | Matters necessary for designation of agencies or organizations to be supported or fostered by the head of a local government, provision of financial support to such agencies or organizations, etc. under paragraph (1) shall be prescribed by ordinance of the relevant local government. <Newly Inserted on Feb. 3, 2016> |
[Title Amended on Aug. 8, 2023]
| Article 69-2 (Gathering of Opinions on Restitution and Utilization of Korean Cultural Heritage Overseas) |
The Administrator of the National Heritage Administration may gather opinions from relevant experts or agencies about significant policies for restituting and utilizing Korean cultural heritage overseas. <Amended on Aug. 8, 2023; Feb. 13, 2024>
[This Article Wholly Amended on Feb. 3, 2016]
[Title Amended on Aug. 8, 2023]
| Article 69-3 (Establishment of Overseas Korean Cultural Heritage Foundation) |
| (1) | In order to conduct an investigation and research on the status of Korean cultural heritage overseas and the details of their taking-out of the Republic of Korea, to carry out research on various strategies and policies on the restitution and utilization of Korean cultural heritage overseas, and to engage in other projects regarding Korean cultural heritage overseas in a comprehensive and systematic manner, an Overseas Korean Cultural Heritage Foundation (hereinafter referred to as the "Foundation") shall be established under the Korean Heritage Administration. <Amended on Dec. 22, 2020; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Foundation shall be a corporation. <Amended on Aug. 8, 2023> |
| (3) | The Foundation shall have executive officers and necessary employees as stipulated by its articles of incorporation. <Amended on Aug. 8, 2023> |
| (4) | Except as provided in this Act, provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to the Foundation. <Amended on Aug. 8, 2023> |
| (5) | The State may contribute funds or grant subsidies, within the budget or from the Cultural Heritage Preservation Fund under the Cultural Heritage Preservation Fund Act, to cover expenses incurred in establishing and operating the Foundation. <Amended on Aug. 8, 2023> |
| (1) | The Foundation shall implement the following projects: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Investigation and research on the status of Korean cultural heritage overseas and the details of their removal from the Republic of Korea, etc.; |
| 2. | Research on the restitution and protection of Korean cultural heritage overseas; |
| 3. | Acquisition, preservation, and management of Korean cultural heritage overseas; |
| 4. | Provision of support to organizations related to the restitution and utilization of Korean cultural heritage overseas, and increasing exchange and international alliance therewith; |
| 5. | Publicity, education, and publication and dissemination activities in regards to the restitution and utilization of Korean cultural heritage overseas; |
| 6. | Support for operating Korean galleries at overseas museums; |
| 7. | Dispatch and education and training of curators in charge of Korean art collections; |
| 8. | Support for preservation of Korean cultural heritage overseas and publicity thereof; |
| 9. | Profit-making projects to attain the purposes of its establishment, in which case prior approval from the Administrator of the National Heritage Administration shall be obtained for such projects; |
| 10. | Other projects necessary to attain the purposes of its establishment. |
| (7) | The Foundation may require relevant administrative agencies or the heads of corporations or organizations related to the restitution and utilization of Korean cultural heritage overseas to submit data necessary to undertake its projects, via the Administrator of the National Heritage Administration. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 26, 2012]
[Title Amended on Aug. 8, 2023]
| Article 69-4 (Donation of Money) |
| (1) | Any person may donate money and other property to the Foundation to recover and utilize Korean cultural heritage overseas. <Amended on Aug. 8, 2023> |
| (2) | Where donations are made under paragraph (1), the Foundation may receive the voluntarily donated money and goods insofar as they conform to its business objectives, notwithstanding the main clause, with the exception of the subparagraphs, of Article 5 (2) of the Act on Collection and Use of Donations. In such cases, the Foundation shall manage donations it has received in a separate account. <Amended on Aug. 8, 2023> |
| (3) | Necessary matters, such as procedures for donation and receipt thereof under paragraphs (1) and (2) and methods of management and operation of donation, shall be prescribed by Presidential Decree. |
| (4) | The Foundation shall report the status, etc. of the receipt and handling of donations under paragraph (2) to the Administrator of the National Heritage Administration, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | The Administrator of the National Heritage Administration may give honorable treatment, such as granting awards, to persons who have made remarkable contributions to the recovery and utilization of Korean cultural heritage overseas through donations under paragraph (1). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 18, 2022]
CHAPTER IX CITY/DO-DESIGNATED CULTURAL HERITAGE
| Article 70 (Designation of City/Do-Designated Cultural Heritage) |
| (1) | A Mayor/Do Governor may designate, as City/Do-designated cultural heritage, cultural heritage deemed worthy of preservation, among those under his or her jurisdiction which are not designated as State-designated cultural heritage. <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (2) | A Mayor/Do Governor may designate, as cultural heritage resources, cultural heritage not designated pursuant to paragraph (1), but deemed necessary for preservation of folk culture. <Amended on Aug. 8, 2023> |
| (3) | Deleted. <Sep. 14, 2023> |
| (4) | The Administrator of the National Heritage Administration may recommend a Mayor/Do Governor to designate cultural heritage deemed necessary following deliberation by the Cultural Heritage Committee as City/Do-designated cultural heritage or cultural heritage resources (including its protective facilities and protection zone; hereinafter the same shall apply), and preserve so-designated cultural heritage. In such cases, a Mayor/Do Governor shall take procedures for designation of cultural heritage and report the results thereof to the Administrator of the National Heritage Administration unless there is a compelling reason not to do so. <Amended on Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023; Feb. 13, 2024> |
| (5) | Where City/Do-designated cultural heritage or cultural heritage resources are designated pursuant to paragraphs (1), (2), and (4), the name of the competent Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province shall be indicated before the word "designated" in their names, to inform that they have been designated by the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province. <Amended on Jan. 28, 2014; Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023> |
| (6) | Matters necessary for the procedures for designation, cancellation, protection, etc. of City/Do-designated cultural heritage and cultural heritage resources shall be prescribed by Municipal Ordinance of the relevant local government. <Amended on Dec. 24, 2018, on Aug. 8, 2023, Sep. 14, 2023> |
[Title Amended on Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023]
| Article 70-2 (Designation of Protective Facilities or Protection Zones of City/Do-Designated Cultural Heritage or Cultural Heritage Resources) |
| (1) | Where specifically necessary to protect cultural heritage in granting designation pursuant to Article 70 (1) or (2), a Mayor/Do Governor may designate protective facilities or protection zones therefor. <Amended on Aug. 8, 2023> |
| (2) | Where deemed necessary due to a change, etc. in artificial or natural conditions, a Mayor/Do Governor may adjust protective facilities or protection zones designated pursuant to paragraph (1). |
| (3) | Where a Mayor/Do Governor has designated or adjusted protective facilities or protection zones pursuant to paragraphs (1) and (2), he or she shall review whether such designation or adjustment is appropriate before every tenth anniversary of such designation or adjustment passes, in consideration of the following matters: Provided, That the period for review may be extended up to the period prescribed by Presidential Decree, if it is impracticable to review the appropriateness in a timely manner due to any extenuating circumstance: <Amended on Aug. 8, 2023> |
| 1. | The value of the cultural heritage worthy of preservation; |
| 2. | The effects of the designation of protective facilities or protection zones on the exercise of property rights; |
| 3. | The environment surrounding the protective facilities or protection zones. |
| (4) | Matters necessary for the designation and adjustment, the review of appropriateness, and other relevant matters under paragraphs (1) through (3) shall be prescribed by City/Do Municipal Ordinances. |
| (5) | Where the protection zones designated under paragraph (2) are adjusted, if the Mayor/Do Governor deems that they do not influence the preservation of City/Do-designated cultural heritage, he or she may maintain the extent of a historic and cultural environment preservation area designated pursuant to Article 13 (3) to the existing extent. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Nov. 26, 2019]
[Title Amended on Aug. 8, 2023]
| Article 71 (Establishment of City/Do Cultural Heritage Committees) |
| (1) | A cultural heritage committee (hereinafter referred to as "City/Do cultural heritage committee") shall be established under each City/Do to investigate and deliberate on matters relating to the preservation, management, and utilization of cultural heritage under the jurisdiction of the relevant Mayor/Do Governor. <Amended on Aug. 8, 2023> |
| (2) | Matters relating to the organization and operation of City/Do cultural heritage committees and other relevant matters shall be prescribed by municipal ordinances, including the following: <Amended on Aug. 8, 2023> |
| 1. | Matters relating to investigations of and deliberation on the preservation, management, and utilization of cultural heritage; |
| 2. | Matters relating to the commissioning and dismissal of committee members; |
| 3. | Matters relating to the establishment and operation of subcommittees; |
| 4. | Matters relating to the commission and utilization of expert committee members. |
| (3) | Where a Mayor/Do Governor intends to request the Administrator of the National Heritage Administration to designate any cultural heritage under his or her jurisdiction as State-designated cultural heritage (including its protective facilities and protection zone) or to revoke such designation, or register or cancel the registration of, the State-registered cultural heritage under the Act on the Preservation and Utilization of Modern and Contemporary Cultural Heritage, he or she shall undergo prior deliberation thereon by the relevant City/Do cultural heritage committee. <Amended on Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 72 (Bearing of Expenses) |
| (1) | Where City/Do-designated cultural heritage or cultural heritage resources designated pursuant to Article 70 (1) and (2) is State-owned or public property, expenses incurred in the preservation thereof shall be borne by the State or the relevant local government. <Amended on Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023> |
| (2) | The State or a local government may fully or partially subsidize the expenses incurred in the preservation, management, utilization, or preparation of records of City/Do-designated cultural heritage and cultural heritage resources which are not State-owned or public property. <Amended on Mar. 27, 2015; Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023> |
| (1) | Where any of the following cases occurs, a Mayor/Do Governor shall report thereon to the Administrator of the National Heritage Administration, as prescribed by Presidential Decree: <Amended on Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023; Feb. 13, 2024> |
| 1. | Where he or she designates any cultural heritage or cultural heritage resource as City/Do-designated cultural heritage or cultural heritage resource, or revokes such designation; |
| 2. | Deleted. <Sep. 14, 2023> |
| 3. | Where the location or storage place of the City/Do-designated cultural heritage or cultural heritage resources is changed; |
| 4. | Where all or part of City/Do-designated cultural heritage or cultural heritage resources are destroyed, washed away, stolen, or damaged; |
| (2) | Where any act under paragraph (1) 1 and 3 is deemed inappropriate, the Administrator of the National Heritage Administration may order the relevant person to take corrective or necessary measures. <Amended on Dec. 24, 2018; Sep. 14, 2023; Feb. 13, 2024> |
| Article 74 (Provisions to Be Applied Mutatis Mutandis) |
| (1) | Article 39 (1) through (5) shall apply mutatis mutandis to exportation and taking-out of City/Do-designated cultural heritage or cultural heritage resources. <Amended on Feb. 3, 2016; Nov. 28, 2017; Dec. 24, 2018; Aug. 8, 2023; Sep. 14, 2023> |
| (2) | Articles 31 (1) and (4), 32 through 34, 35 (1), 36, 37, 40, 42 through 45, 48, 49 and 81 shall apply mutatis mutandis to the revocation of City/Do-designated cultural heritage and cultural heritage resources and management thereof. In such cases, "Administrator of the National Heritage Administration" shall be construed as "Mayor/Do Governor," "Presidential Decree" as "ordinance of the competent City/Do," and "State" as "local government." <Amended on Mar. 27, 2015; Oct. 16, 2018; Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Deleted. <Sep. 14, 2023> |
CHAPTER X TRADING OF CULTURAL HERITAGE
| Article 75 (Permission of Trade and other Business Activities) |
| (1) | A person who intends to engage in business of trading or exchanging tangible cultural heritage or folklore resources (including any person who engages in such business on commission) which are categorized into movable property shall obtain permission for cultural heritage trade business from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014; Aug. 8, 2023> |
| (2) | A person who has obtained permission under paragraph (1) (hereinafter referred to as "cultural heritage dealer") shall report the current status on the preservation of cultural heritage and the current state of their trade or exchange to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014; Aug. 8, 2023> |
| (3) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu upon receipt of a report under paragraph (2) shall notify the Administrator of the National Heritage Administration of matters so reported on a regular basis, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014; Feb. 13, 2024> |
| (4) | When any of the following information is changed, the person who has obtained permission pursuant to paragraph (1) shall file a report on the change with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: <Newly Inserted on Jun. 12, 2018; Nov. 26, 2019; Aug. 8, 2023> |
| 1. | Change of the trade name; |
| 2. | Change of the address of business place. |
| 3. | Change of corporation representative; |
| 4. | Change of the executive officers of a corporation which has obtained permission for cultural heritage trade business in accordance with the qualification requirements prescribed in Article 76 (1) 5. |
| Article 75-2 (Succession to Business) |
| (1) | Where a person who has obtained permission for cultural heritage trade business under Article 75 transfers the business to another person or a corporation merges with another corporation, the person who takes over the cultural heritage trade business, or a corporation surviving the merger or being established following the merger shall be succeeded to the status of a cultural heritage dealer. <Amended on Aug. 8, 2023> |
| (2) | A person who succeeds to the status of a cultural heritage trader pursuant to paragraph (1) shall report to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023> |
| (3) | With regard to reporting under paragraph (2), the requirements for qualifications under Article 76 (1) and the provisions on the grounds for disqualification under Article 77 shall apply mutatis mutandis. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 76 (Qualifications) |
| (1) | Any person who intends to obtain permission for a cultural heritage trading business pursuant to Article 75 (1) shall fall under any of the following: <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| 1. | A person who has worked for the State, a local government, a museum, or an art gallery dealing with cultural heritage for at least two years; |
| 2. | A person who has earned at least a certain level of credits in the fields of history, ancient science, humanities, art science, folklore, traditional craft, or cultural heritage management (hereinafter referred to as "major courses related to cultural heritage") at a university or college of a junior college or higher (including a graduate school); |
| 4. | A person who has been employed by a cultural heritage trader and who has dealt with cultural heritage for at least three years; |
| 5. | A corporation established pursuant to the Commercial Act for the purpose of distribution and transaction of products of high arts, etc., which has at least one representative or executive officer satisfying any of the requirements set forth in subparagraphs 1 through 4. |
| (2) | Matters necessary for the scope of museums and art galleries, certain credits, etc. under paragraph (1) and other relevant matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Nov. 26, 2019> |
| Article 77 (Grounds for Disqualification) |
Any of the following persons shall be disqualified as a cultural heritage dealer: <Amended on Mar. 21, 2017; Aug. 8, 2023>
| 1. | Deleted; <Dec. 8, 2020> |
| 2. | A person in whose case three years have not passed since his or her imprisonment without labor or heavier punishment declared by a court for violating this Act, or Article 347 or 362 of the Criminal Act was completely executed or exempted; |
| 3. | A person in whose case three years have not passed since his or her permission was revoked pursuant to Article 80. |
| Article 77-2 (Prohibition on Lending Name) |
A cultural heritage trader shall not let another person engage in the trade of cultural heritage using his or her name or trade name, or lend its permit to another person. <Amended on Aug. 8, 2023>
[This Article Newly Inserted on Nov. 26, 2019]
| Article 78 (Matters to be Observed) |
| (1) | Each cultural heritage dealer shall prepare account books on trade, exchange, etc., as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, to keep records on details of transactions, and shall photograph and attach the photographs of actual objects so that the relevant cultural heritage can be verified. <Amended on Jan. 28, 2014; Aug. 8, 2023> |
| (2) | Each cultural heritage dealer shall annually obtain a sealed approval of the account books on trade, exchange, etc. under paragraph (1), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. This shall also apply where a cultural heritage dealer closes his or her cultural heritage trade business. <Newly Inserted on Jan. 28, 2014; Aug. 8, 2023> |
| Article 78-2 (Notification of Purchase of Cultural Heritage by State Institutions) |
| (1) | The heads of central administrative agencies (including their affiliated institutions), the heads of local governments, and national and public museums and national and public art galleries under Article 3 of the Museum and Art Gallery Promotion Act shall notify the Administrator of the National Heritage Administration or the competent Mayor/Do Governor in advance when they intend to purchase cultural heritage that constitutes a movable property and falls under any of the following subparagraphs: <Amended on Feb. 13, 2024> |
| 1. | Cultural heritage publicly announced as a stolen or lost article; |
| 2. | Cultural heritage with an essential part thereof or record showing its source deliberately mutilated. |
| (2) | The Administrator of the National Heritage Administration may request the heads of relevant agencies to provide necessary data or information in connection with the notification under paragraph (1). In such cases, the head of an institution in receipt of a request to provide data or information shall comply therewith, except in extenuating circumstances. <Amended on Feb. 13, 2024> |
[This Article Newly Inserted on Jan. 23, 2014]
| Article 79 (Duty to Report Closure of Business) |
Where a person who has obtained permission under Article 75 (1) closes his or her cultural heritage trade business, he or she shall submit a report on the closure of business to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within three months, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Jan. 28, 2014; Aug. 8, 2023>
| Article 80 (Revocation of Permission) |
| (1) | Where a cultural heritage dealer falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall revoke his or her permission or order the dealer to fully or partially suspend his or her business within a specified period of up to one year: Provided, That where a cultural heritage trader falls under subparagraphs 1 through 3, such permit shall be revoked: <Amended on Jan. 28, 2014; Nov. 26, 2019; Aug. 8, 2023> |
| 1. | Where the person has obtained the permission by fraud or other improper means; |
| 3. | Where the ballast water disposal services provider continues business during a period of business suspension; |
| 4. | Where a corporation which has obtained permit for cultural heritage trade business in accordance with the qualification requirements prescribed in Article 76 (1) 5 loses the relevant qualification requirements; Provided, That this shall not apply where the relevant corporation appoints a person meeting requirements for qualification as its representative or executive officer within three months; |
| 5. | Where a person violates the prohibited matters such as name lending under Article 77-2; |
| 6. | Where he or she violates matters to be observed pursuant to Article 78. |
| (2) | Detailed standards for administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 80-2 (Succession to Effects of Administrative Sanctions) |
Where a cultural heritage trader transfers the trading business or a corporation merges with another corporation and the trade violates Articles 75 (2), (4), 75-2 (2), or 78, or falls within Article 80 (1) 1 through 3, the effect of administrative sanctions against the former cultural heritage trader will be succeeded to the person who has taken over the business or acquired it for one year from the end of the disposition period or to a corporation that survives the merger for one year from the end of the disposition period, and if the administrative sanctions procedure is in progress, the administrative sanctions procedure may be continued on the person who has taken over the business or the corporation surviving after the merger: Provided, That the same shall not apply in cases where the person who has taken over or corporation surviving a merger proves that he, she, or it has been unaware of such sanction or violation at the time of the taking over or merger. <Amended on Aug. 8, 2023> [This Article Newly Inserted on Nov. 26, 2019]
CHAPTER X-2 INTERPREVENTION MANAGEMENT OF CULTURAL HERITAGE
| Article 80-3 (Cultural Heritage Care Programs) |
| (1) | The State and local governments may conduct regular preventive management projects to preserve cultural heritage (hereinafter referred to as "cultural heritage care programs") falling under any of the following: <Amended on Aug. 8, 2023> |
| 1. | Designated cultural heritage; |
| 2. | Registered cultural heritage; |
| 3. | Provisionally designated cultural heritage; |
| (2) | The scope of cultural heritage care programs shall be as follows: <Amended on Aug. 8, 2023> |
| (2) | The scope of cultural heritage care programs shall shall be as follows. <Amended on Aug. 8, 2023> |
| 1. | Periodic monitoring of cultural heritage; |
| 2. | Daily and preventive management to improve the viewing environment of cultural heritage; |
| 3. | Environmental maintenance and disaster prevention in surrounding areas of cultural heritage; |
| 4. | Rapid investigation and emergency measures in response to disasters in cultural heritage and surrounding areas; |
| 6. | Other activities necessary for cultural heritage care programs. |
| (3) | The Administrator of the National Heritage Administration shall establish guidelines for the promotion of cultural heritage care programs every year and notify a Mayor/Do Governor and the Central Cultural Heritage Care Center under Article 80-4 and the local cultural property care center under Article 80-5, respectively. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 80-4 (Central Cultural Heritage Care Center) |
| (1) | The Administrator of National Heritage Administration shall establish and operate the Central Cultural Heritage Care Center in order to comprehensively and efficiently perform the following tasks related to the cultural heritage care project: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Management and support of cultural heritage care programs; |
| 2. | Research and investigation for cultural heritage care programs; |
| 3. | Establishment and operation of information management system for cultural heritage care programs; |
| 4. | Support for evaluation of local cultural heritage care centers; |
| 5. | Management and support of specialized education for local cultural heritage care center workers; |
| 6. | Support for interconnection and cooperation between local cultural heritage care centers; |
| 7. | Other projects necessary to achieve the purpose of establishing the Central Cultural Heritage Care Center. |
| (2) | The Administrator of the National Heritage Administration may entrust the operation of the Central Cultural Heritage Care Center under paragraph (1) to an institution or organization related to cultural heritage, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The Administrator of the National Heritage Administration may subsidize all or part of the expenses necessary for the operation when entrusting the operation of the Central Cultural Heritage Care Center to an institution or organization related to cultural heritage pursuant to paragraph (2). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Other matters necessary for the establishment and operation of the Central Cultural Heritage Care Center shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 80-5 (Local Cultural Heritage Care Center) |
| (1) | A Mayor/Do Governor may designate an institution or organization related to cultural heritage as a local cultural heritage care center in order to efficiently perform the following tasks: <Amended on Aug. 8, 2023> |
| 1. | Cultural heritage care programs suitable for local conditions; |
| 2. | Research and survey for cultural heritage care programs suitable for local conditions; |
| 3. | Exchange of human and material resources between local cultural heritage care centers; |
| 4. | Workplace education such as safety education for local cultural heritage care center workers; |
| 5. | Other projects necessary to achieve the purpose of designation of a local cultural heritage care center. |
| (2) | A Mayor/Do Governor may revoke the designation of a local cultural heritage care center if it falls under any of the following subparagraphs: Provided, That he or she shall revoke such designation in the case of subparagraph 1: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | If it is designated by fraud or other improper means; |
| 2. | If it no longer meets the designation standards under paragraph (4); |
| 3. | If it destroys the designated cultural heritage or damages its original form while carrying out the cultural heritage care project; |
| 4. | If it unjustly executes the budget or executes the budget against its purpose, which is subsidized by the state or a local government. |
| (3) | The State and each local government may provide subsidies to cover full or part of the expenses necessary for the operation of local cultural heritage care centers. <Amended on Aug. 8, 2023> |
| (4) | Matters necessary for matters such as the standards and procedures for designation and cancellation of designation of a local cultural heritage care center shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 80-6 (Evaluation of Local Cultural Heritage Care Center) |
| (1) | The Administrator of the National Heritage Administration shall evaluate whether the local cultural heritage care center has been properly operated in accordance with the promotion guidelines under Article 80-3 (3). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration shall notify a Mayor/Do Governor of the evaluation result pursuant to paragraph (1) and disclose it. <Amended on Feb. 13, 2024> |
| (3) | Matters necessary for the timing and method of evaluation under paragraph (1) and disclosure of evaluation results under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 80-7 (Specialized Education for Workers of Local Cultural Heritage Care Center) |
| (1) | Employees of local cultural heritage care centers shall receive education (hereinafter referred to as "specialized education") necessary for cultural heritage care programs conducted by the Administrator of the National Heritage Administration, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the National Heritage Administration may delegate or entrust specialized education to an institution or organization related to cultural heritage. <Amended on Aug. 8, 2023; and Feb. 13, 2024> |
| (3) | The content, method, and timing of specialized education under paragraph (1) and matters necessary for delegation or entrustment of specialized education under paragraph (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 81 (Succession to Rights and Obligations) |
| (1) | When the owner of the State-designated cultural heritage (including its protective facilities and protection zone, and provisionally designated cultural heritage) changes, the new owner shall succeed to the rights and obligations of the former owner under this Act or an order, instruction, or any other disposition issued or made by the Administrator of the National Heritage Administration pursuant to this Act. <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Paragraph (1) shall apply mutatis mutandis to a management organization and an owner, where a management organization is designated pursuant to Article 34 or such designation is revoked: Provided, That this shall not apply to any right and obligation exclusive to the owner. |
| Article 82 (Delegation and Entrustment of Authority) |
The authority of the Administrator of the National Heritage Administration under this Act may be partially delegated to the head of the affiliated institution, Mayor/Do Governor, or the head of a Si/Gun/Gu, or entrusted to an agency, corporation, organization, etc., which is established for the protection, distribution, etc. of cultural heritage, as prescribed by Presidential Decree. <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024>
| Article 82-2 Deleted. <Aug. 8, 2023> |
| Article 82-3 (Prohibited Acts) |
| (1) | No one shall use, draw, or leak in any designated cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | The Administrator of the National Heritage Administration or the head of a local government may order a person who has committed an act under paragraph (1) to reinstate a damaged cultural heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | If the person fails to comply with the order under paragraph (2) or it is deemed inappropriate to have the person who has performed the act under paragraph (1) take measures to restore the original state, the Administrator of the National Heritage Administration or the head of a local government may restore the damaged cultural heritage to its original state by the burden of the State or local governments, and the expenses thereof may be charged to a person who has performed the acts under paragraph (1), as prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | When a person who is liable to pay the expenses requested pursuant to paragraph (3) fails to pay them, it shall be collected in accordance with the example of disposition for national tax arrears or in accordance with the Act on the Collection of Local Non-Tax Revenue. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 83 (Expropriation or Use of Land) |
| (1) | Where necessary for the protection and management of cultural heritage, the Administrator of the National Heritage Administration or the head of a local government may expropriate or use land, buildings, trees, bamboo, or other structures within designated cultural heritage or its protection zone pursuant to the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Dec. 22, 2020; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Deleted. <Jan. 28, 2014> |
| Article 84 (Loan or Use of State or Public Property) |
| (1) | Notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State and a local government may permit to lend, use, benefit from, or sell State-owned property or public property by a free contract, where deemed necessary for the preservation, management, and utilization of and initiation into cultural heritage. <Amended on Aug. 8, 2023> |
| Article 85 (Disaster Prevention Day for Cultural Heritage) |
| (1) | February 10 of each year is designated as the Disaster Prevention Day for Cultural Heritage to safely preserve cultural heritage from disasters, such as fire, and to raise Korean nationals' awareness on the safe management of cultural heritage. <Amended on Aug. 8, 2023> |
| (2) | The State and a local government shall implement projects and hold events, such as safety inspections and disaster prevention drills on cultural heritage, in light of the underlying spirit of the Disaster Prevention Day for Cultural Heritage. <Amended on Aug. 8, 2023> |
| (3) | Matters necessary for the events to be held on the Disaster Prevention Day for Cultural Heritage shall be otherwise determined by the Administrator of the National Heritage Administration or the Mayor/Do Governor. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 86 (Monetary Awards) |
| (1) | The Administrator of the National Heritage Administration shall pay a monetary reward, within the budgets, to any person who informs the investigative authority of a person who committed or attempted a crime stipulated under Articles 90 through 92 of this Act and Article 31 of the Act on Protection and Inspection of Buried Cultural Heritage when he or she has been sentenced to the suspension of indictment or his or her conviction has been final and conclusive, and any person who contributes to the arrest of such person. <Amended on Aug. 8, 2023; Feb. 13 ,2024> |
| (2) | Matters necessary for the scope of investigation agencies, handling of information provided, and the payment of monetary rewards, including standards for payment thereof, shall be prescribed by Presidential Decree. |
| Article 87 (Relationship to Other Statutes) |
| (1) | Where the Administrator of the National Heritage Administration intends to perform any of the following acts over an area, the size of which is equal to or larger than that prescribed by Presidential Decree within a park area under the Natural Parks Act, he or she shall have a consultation with the relevant park management authority: <Amended on Jan. 28, 2014; Mar. 21, 2023; Feb. 13, 2024> |
| 1. | Where he or she designates a certain area as a historic site pursuant to Article 25; |
| 2. | Where he or she designates a protection zone pursuant to Article 27; |
| 3. | Where he or she grants permission or permission for changes pursuant to the main clause of Article 35 (1). |
| (2) | If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to grant the permission or the permission for changes pursuant to the proviso of Article 35 (1) with respect to the area of at least a size prescribed by Presidential Decree, within a park area under the Natural Parks Act, he or she shall consult with the relevant park management authority. <Newly Inserted on Jan. 28, 2014> |
| (3) | Where permission is granted pursuant to Article 35 (1) (including cases applied mutatis mutandis under Article 74 (2)), any of the following permission shall be deemed granted: <Amended on Jan. 28, 2014> |
| (4) | Where an area designated and publicly notified as State-designated or City/Do-designated cultural heritage, or its protective facilities or protection zone under Articles 23, 25 through 27, or 70 (1) is in an urban area stipulated under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act, the area shall be deemed designated and publicly notified as a protected district under Article 37 (1) 5 of that Act. <Amended on Jan. 28, 2014; Apr. 18, 2017; Aug. 8, 2023> |
| (5) | The provisions concerning bona fide acquisition under Article 249 of the Civil Act shall not apply to transactions, such as trade, etc. of any of the following cultural heritage: Provided, That where a person who has taken over the business purchases cultural heritage in good faith through auction or from a cultural heritage dealer, etc., the victim or the person who loses such cultural heritage may pay to the transferee the price that the person who has taken over the business has paid and claim the return thereof: <Amended on Jan. 28, 2014; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Cultural heritage designated by the Administrator of the National Heritage Administration or a Mayor/Do Governor; |
| 2. | Cultural heritage publicly announced as a stolen or lost article; |
| 3. | Cultural heritage with an essential part thereof or record showing its source deliberately mutilated. |
| (6) | Matters necessary for public announcement under paragraph (5) 2 shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Jan. 28, 2014> |
Where the Administrator of the National Heritage Administration, a Mayor/Do Governor or the head of a Si/Gun/Gu intends to take any of the following dispositions, he or she shall hold a hearing: <Amended on Nov. 26, 2019; Jun. 9, 2020; Aug. 8, 2023; Sep. 14, 2023; Feb. 13, 2024>
| 1. | Revocation of designation of a support center under Article 22-4 (3); |
| 2. | Cancellation of certification of cultural heritage education programs pursuant to Article 22-7; |
| 3. | Revocation of permission where a person who has obtained permission under Article 35 (1), Article 39, or the proviso of Article 60 (1) violates any provision or condition of permission; |
| 4. | Deleted; <Mar. 21, 2023> |
| 5. | Revocation of permission or suspension of business of a cultural heritage dealer under Article 80; |
| 6. | Revocation of designation of a local cultural heritage care center under Article 80-5 (2). |
| Article 89 (Legal Fiction of Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | A member of the Cultural Heritage Committee (including a member of City/Do cultural heritage committees under Article 71 (1)) which investigates and deliberates on matters relating to the preservation and management of cultural heritage pursuant to Article 8 (1); |
| 1-2. | A person who presents his or her opinion concerning review of the influence of preserving the designated cultural heritage pursuant to the latter part of Article 13 (2); |
| 1-3. | A person who presents his or her opinion concerning investigation of the permission for changes of the current state pursuant to Article 36 (2); |
| 2. | Deleted. <Mar. 21, 2023> |
| 3. | A person who investigates cultural heritage under entrustment pursuant to Article 44 (6); |
| 4. | A person who engages in business affairs entrusted by the Administrator of the National Heritage Administration pursuant to Article 82. |
CHAPTER XII PENALTY PROVISIONS
| Article 90 (Crime of Exportation without Permission) |
| (1) | A person who exports or removes any designated or provisionally designated cultural heritage from the Republic of Korea, in violation of the main clause of Article 39 (1) (including cases applied mutatis mutandis under Article 74 (1)), or who fails to restitute cultural heritage taken out under the proviso of Article 39 (1) and paragraphs (2) through (4) (including cases applied mutatis mutandis under Article 74 (1)) by a specified deadline shall be punished by imprisonment with labor for a limited term of at least five years, and the relevant cultural heritage shall be confiscated. <Amended on Feb. 3, 2016; Nov. 26, 2019; Aug. 8, 2023; Sep. 14, 2023> |
| (2) | A person who exports or takes out of any cultural heritage from the Republic of Korea or who fails to restitute any cultural heritage removed, in violation of Article 60 (1) shall be punished by imprisonment with labor for a limited term of not less than three years, and the relevant cultural heritage shall be confiscated. <Amended on Aug. 8, 2023> |
| (3) | A person who transfers or takes over cultural heritage, or intermediates a transaction of cultural heritage, knowing that the cultural heritage would be exported to or taken out of the Republic of Korea, in violation of paragraph (1) or (2) shall be punished by imprisonment with labor for a limited term of not less than three years, and the relevant cultural heritage shall be confiscated. <Amended on Dec. 22, 2020; Aug. 8, 2023> |
| Article 90-2 (Collection of Equivalent Value) |
Where it is impracticable to confiscate the relevant cultural heritage pursuant to Article 90, the appraised value of the relevant cultural heritage shall be collected. <Amended on Aug. 8, 2023> [This Article Newly Inserted on Nov. 26, 2019]
| Article 91 (Crime of Enticement to Make False Designation) |
A person who entices another person to designate cultural heritage as designated or provisionally designated cultural heritage by fraudulent or other illegal means shall be punished by imprisonment with labor for a limited term of not less than five years. <Amended on Nov. 26, 2019; Aug. 8, 2023>
| Article 92 (Crime of Infliction of Damage or Concealment) |
| (1) | A person who causes damage to, steals, or conceals the State-designated cultural heritage or impairs the utility thereof by any other means shall be punished by imprisonment with labor for a limited term of not less than three years. <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than two years: <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| 1. | A person who causes damage to, steals, or conceals any designated or provisionally designated cultural heritage (excluding a structure) other than those stipulated in paragraph (1), or impairs the utility thereof by any other means; |
| 2. | A person who causes damage to, steals, or conceals any general movable cultural heritage, or impairs the utility thereof, knowing that it is general movable cultural heritage. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than two years or by a fine of not less than 20 million won and not more than 150 million won: <Amended on Mar. 21, 2023; Aug. 8, 2023> |
| 1. | Deleted; <Mar. 21, 2023> |
| 2. | A person who acquires, transfers, takes over, or transports cultural heritage with knowledge of a violation of paragraph (1) or (2); |
| 3. | A person who mediates an act under subparagraph 2. |
| (4) | Even where an act that had impaired the utility of a designated or provisionally designated cultural heritage or general movable cultural heritage by causing damage, theft, or concealment, or by any other means committed by a third person before concealment under paragraphs (1) and (2) has not been punished, the person who committed such concealment shall be sentenced to the punishment stipulated under that paragraphs. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| (5) | Any cultural heritage falling under paragraphs (1) through (4) shall be confiscated, but where such confiscation is impracticable, the appraised value of the relevant cultural heritage shall be collected: Provided, That this shall not apply where a person who conceals cultural heritage under paragraph (4) acquires it in good faith. <Amended on Aug. 8, 2023> |
| Article 93 (Cumulative Crimes) |
| (1) | A person who commits a crime stipulated under Articles 90 through 92 by demonstrating the force of an organization or a large number of people or carrying a dangerous object in his or her possession shall be sentenced to cumulative punishment by half that stipulated under the relevant Articles. <Amended on Aug. 8, 2023> |
| (2) | Any person who inflicts an injury on a person managing or protecting the designated cultural heritage or provisionally designated cultural heritage by committing a crime prescribed in paragraph (1) shall be punished by imprisonment with labor for an indefinite term or for a term of not less than five years. Where such injury leads a person to death, such offender shall be punished by death or by imprisonment with labor for an indefinite term or for a term of not less than five years. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| Article 94 (Application Mutatis Mutandis of the Criminal Act) |
A person who commits arson, inundation, or destruction of any of the following structures shall be punished by applying mutatis mutandis Article 165, 178, or 367 of the Criminal Act and the corresponding provisions related to that Articles in that Act, and shall be cumulatively punished by half that stipulated under each corresponding provisions: <Amended on Nov. 26, 2019; Aug. 8, 2023> | 1. | A structure which is designated or provisionally designated cultural heritage; |
| 2. | A structure for the protection of designated or provisionally designated cultural heritage. |
| Article 95 (Crimes of Inundation of Historic Sites) |
A person who damages a historic site or its protection zone designated or provisionally designated by the Administrator of the National Heritage Administration by inundating it shall be punished by imprisonment with labor for not less than two years and not more than 10 years. <Amended on Nov. 26, 2019; Mar. 21, 2023; Feb. 13, 2024>
[Title Amended on Mar. 21, 2023]
| Article 96 (Other Crimes of Inundation) |
A person who damages any designated or provisionally designated cultural heritage other than those stipulated under Article 95 or the protection zone of such cultural heritage by inundating it shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won. <Amended on Nov. 26, 2019; Aug. 8, 2023>
| Article 97 (Persons Who Attempt to Commit Crimes) |
| (1) | An attempted crime under Articles 90 through 92, 93 (1), 95, and 96 shall be punished. |
| (2) | Any person who prepares or conspires to commit the crime of Article 90 shall be punished by imprisonment with labor for not more than two years. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| (2) | A person who prepares himself/herself or plots to commit a crime under Articles 91, 92, 93 (1), 95 and, 96 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| Article 98 (Criminal Negligence) |
| (1) | A person who commits a crime under Article 95 or 96 by negligence shall be punished by a fine not exceeding 10 million won. <Amended on Aug. 8, 2023> |
| (2) | A person who commits a crime under Article 95 or 96 due to malpractice or gross negligence shall be punished by imprisonment without labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Aug. 8, 2023> |
| Article 99 (Unpermitted Conduct) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Nov. 26, 2019; Mar. 21, 2023; Aug. 8, 2023> |
| 1. | A person who changes the current state of a designated or provisionally designated cultural heritage (including its protective facilities and protection zone) or who conducts an act which could affect the preservation thereof, in violation of Article 35 (1) 1 or 2 (including cases applied mutatis mutandis under Articles 47 and 74 (2)); |
| 2. | Deleted. <Mar. 21, 2023> |
| 3. | A person engaged in any business without permission, in violation of Article 75 (1). |
| (2) | 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 Dec. 24, 2018; Aug. 8, 2023> |
| 1. | A person who owns the relevant cultural heritage in cases falling under the subparagraphs of paragraph (1); |
| 2. | Deleted. <Sep. 14, 2023> |
| Article 100 (Violations of Administrative Orders) |
A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Nov. 26, 2019; Mar. 21, 2023>
| 1. | A person who violates an order issued pursuant to Article 21 (1) or 42 (1) (including cases applied mutatis mutandis under Article 74 (2)) without good cause; |
| 2. | Deleted. <Mar. 21, 2023> |
| Article 101 (Violations of Hindering Management) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | A person who fails to comply with an instruction under Article 12 without good cause; |
| 2. | A person who obstructs management activities performed by a management organization, in violation of Article 34 (5) (including cases applied mutatis mutandis under Article 74 (2)), or who obstructs management activities performed by a management authority of designated or provisionally designated cultural heritage, without good cause; |
| 3. | A person who performs activities stipulated under Article 35 (1) 3 (including cases applied mutatis mutandis under Article 74 (2)) without permission; |
| 4. | A person who refuses to provide cooperation or to perform necessary activities required under the main clause of Article 44 (4) (including cases applied mutatis mutandis under Articles 45 (2) and 74 (2)); |
| 5. | A person responsible for managing and protecting designated or provisionally designated cultural heritage, who destroys or damages the relevant cultural heritage due to gross negligence; |
| 6. | A person who falsely reports; |
| 7. | A person who intentionally destroys, moves, removes, or otherwise spoils a boundary marker of an area designated as cultural heritage or its protection zone by making it impossible to discern the boundaries of such area; |
| 8. | A person who discloses cultural heritage to the public, in violation of any restriction placed thereon by the Administrator of the National Heritage Administration under Article 48 (2) or who enters cultural heritage without permission under paragraph (5) of that Article (including cases applied mutatis mutandis under Article 74 (2)). |
| Article 101-2 (Prohibition of Title Lending) |
Any person who allows a third person to conduct cultural heritage trade business by using his or her name or trade name or lends his or her permit to a third person, in violation of Article 77-2, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Aug. 8, 2023> [This Article Newly Inserted on Nov. 26, 2019]
| Article 102 (Joint Penalty Provisions) |
Where the representative of a corporation or an agent, employee of or other persons employed by, the corporation or an individual commits any violation referred to in Articles 94 through 96, or Articles 98 through 101 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine prescribed in the relevant Article or a fine not exceeding 300 million won if there is no relevant penalty provision: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.
| Article 103 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: <Amended on Aug. 8, 2023> |
| 1. | A person who fails to comply with an order to take measures for rectification under Article 14-4 (3); |
| 2. | A person who applies the certification mark to the cultural heritage education program that has not been certified or any other mark similar thereto, in violation of Article 22-6 (6); |
| 3. | A person who fails to report under Article 40 (1) 6 (including cases applied mutatis mutandis under Article 74 (2)); |
| 4. | Deleted; <Sep. 14, 2023> |
| 5. | Deleted. <Sep. 14, 2023> |
| (2) | Deleted. <Aug. 8, 2023> |
| (3) | Any person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding 3 million won. <Amended on Mar. 21, 2023> |
| 1. | A person who fails to report under Article 40 (1) 7 or paragraph (3) of that Article (including cases applied mutatis mutandis pursuant to Article 74 (2)); |
| 2. | Deleted. <Mar. 21, 2023> |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Mar. 21, 2023> |
| 1. | A person who fails to report under Article 40 (1) 1 through 5, or 8 (including cases applied mutatis mutandis pursuant to Article 74 (2)); |
| 2. | Deleted; <Sep. 14, 2023> |
| 3. | A person who fails to report under Article 60 (4); |
| 4. | A person who fails to report under Article 75 (2); |
| 5. | A person who fails to file a report on modification under Article 75 (4); |
| 6. | A person who fails to submit a report prescribed in Article 75-2 (2); |
| 7. | A person who fails to comply with matters to be observed under Article 78; |
| 8. | A person who fails to report the closure of business under Article 79. |
| (5) | A person who smokes in a non-smoking area in violation of Article 14-4 (5) shall be punished by a fine for negligence not exceeding 100,000 won. |
[This Article Wholly Amended on Dec. 8, 2020]
| Article 104 (Imposition and Collection of Administrative Fines) |
The administrative fines under Article 103 shall be imposed and collected by the Administrator of the National Heritage Administration, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>
ADDENDA <Act No. 10000, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 92, 98 and 102 shall enter into force on the date of its promulgation. Articles 2 (Transitional Measures concerning Enforcement Date)
| (2) | Article 95 or 96 referred to in Article 98 (1) which enters into force pursuant to the proviso of Article 1 of the Addenda shall be deemed the former Article 107 or 108, and Article 95 or 96 referred to in paragraph (2) of the same Article shall be deemed the former Article 104 (3), 107 or 108 until one year elapses after this Act is promulgated. In such cases, any crime under the former Article 104 (3) shall be governed by the former provisions concerning the confiscation of relevant cultural heritage. |
| (3) | Provisions concerning violations under Articles 94 through 96 or Articles 98 through 101 referred to in Article 102 which enters into force pursuant to the proviso to Article 1 of the Addenda shall be governed by the former provisions until one year elapses after this Act is promulgated. |
Article 3 (Transitional Measures concerning Important Folklore Resources)
Outstanding folklore resources designated under the former provisions as at the time this Act enters into force shall be deemed designated as important folklore resources under this Act.
Article 4 (Transitional Measures concerning Notices on Public Code of Conduct, such as Alteration of Current State of Designated Cultural Heritage)
The detailed code of conduct applicable to any cultural heritage so designated and notified under the former provisions as at the time this Act enters into force shall be determined and notified within one year from the date this Act enters into force pursuant to the amended provisions of Article 13 (4). Article 5 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any acts by/against administrative agencies done under the former provisions as at the time this Act enters into force shall be deemed acts by/against administrative agencies done under this Act corresponding thereto.
Article 6 Omitted.
Article 7 (Relationships with other Acts)
A citation of any provision of the former Cultural Heritage Protection Act by any other statutes as at the time this Act enters into force shall be deemed a citation of the provisions of this Act in lieu of the former provisions, if provisions corresponding thereto exist herein.
ADDENDUM <Act No. 10562, Apr. 6, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10829, Jul. 14, 2011>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Technical Experts) At the time this Act enters into force, technical experts commissioned pursuant to the Cultural Heritage Committee Regulations shall be deemed to be commissioned in accordance with this Act. |
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11053, Sep. 16, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11228, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 2 of the Addenda shall enter into force on the date of its promulgation. Article 2 (Preparation for Establishment)
| (1) | In order to handle administrative affairs regarding the establishment of the Foundation, the Administrator of the Cultural Heritage Administration shall establish a Committee for Incorporating the Cultural Heritage Overseas Foundation (hereinafter referred to as the "Incorporation Committee") within 30 days from the date of promulgation of this Act. |
| (2) | The Incorporation Committee shall be comprised of not more than seven promoters commissioned by the Administrator of the Cultural Heritage Administration, and the Deputy Administrator of the Cultural Heritage Administration shall serve as the chair. |
| (3) | The Incorporation Committee shall prepare the articles of incorporation of the Foundation, on which the promoters prescribe their names and affix their seals or sign their names, and shall obtain authorization from the Administrator of the Cultural Heritage Administration. |
| (4) | The Incorporation Committee shall complete registration for the establishment of the Foundation by the date this Act enters into force. |
| (5) | When the president of the Foundation is appointed, the Incorporation Committee shall transfer its administrative affairs to the president without delay. |
| (6) | Upon completion of the transfer of administrative affairs under paragraph (5), the Incorporation Committee shall be deemed dissolved and the promoters shall be deemed decommissioned. |
ADDENDA <Act No. 12352, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Administration Actions)
An action done by and/or against an administrative institution pursuant to the former provisions before this Act enters into force shall be deemed to have been done by and/or against an administrative institution pursuant to this Act.
Article 3 (Transitional Measures concerning Expropriation or Use of Land)
Where the authorization of a business project and its public notification under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects are deemed to have been made, pursuant to the former provisions, as at the time this Act enters into force and thereby a procedure under Article 26 (1), 28, or 61 of the aforementioned Act is in progress, the former provisions shall apply notwithstanding the amended provisions of Article 83 (2). Article 4 (Transitional Measures concerning Penalty Provisions)
The previous provisions of this Act shall apply to cases of imposing penalties on violations committed before this Act enters into force.
ADDENDA <Act No. 12692, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures following Alteration of the Foundation’s Name)
| (1) | The Korea Cultural Heritage Foundation as at the time this Act enters into force shall be deemed the Korea Cultural Heritage Foundation under this Act. In such cases, the Korea Cultural Heritage Foundation shall, within three months after this Act enters into force, amend its articles of incorporation in accordance with the amended provisions of this Act and obtain the authorization thereof from the Administrator of the Cultural Heritage Administration. |
| (2) | The chairperson, director, statutory auditor, and employees of the Korea Cultural Heritage Foundation as at the time this Act enters into force shall be deemed to have been appointed respectively as the chairperson, director, statutory auditor, and employees of the Korea Cultural Heritage Foundation pursuant to this Act. In such cases, the term of office of executives shall be the remaining period of the term given under the former provisions. |
| (3) | The Korea Cultural Heritage Foundation shall succeed to all the assets, rights, and obligations belonged to the former Korea Cultural Heritage Foundation as at the time this Act enters into force. |
| (4) | An action done by and/or against the Korea Cultural Heritage Foundation before this Act enters into force shall be deemed to have been done by and/or against the Korea Cultural Heritage Foundation under this Act. |
Article 3 Omitted.
ADDENDUM <Act No. 13249, Mar. 27, 2015>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 13291, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13964, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 34 (6) and 69 shall enter into force on the date of its promulgation. Article 2 (Applicability to Application for Permission to Take Cultural Heritage out of Republic of Korea)
The amended provisions of Article 39 (2) through (4) shall apply beginning with the first application for permission to take cultural heritage out of the Republic of Korea or the first application for permission to extend the period for removal, filed after this Act enters into force.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDUM <Act No. 14436, Dec. 20, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14640, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 (8) shall enter into force six months after the date of its promulgation; and the amended provisions of Articles 6-2, 14, 14-2 through 14-6, 53 (1), the proviso of 59 (2), 103 (1) 1 and (5) shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Important Folklore Resources)
The important folklore resources designated under the former provisions of Article 26 as at the time this Act enters into force, shall be deemed the national folklore resources designated under the amended provisions of Article 26. Article 3 (Transitional Measures concerning Grounds for Disqualification of Incompetent Persons)
Notwithstanding the amended provisions of Article 77 (2), with respect to a person for whom declaration of incompetence or quasi-incompetence remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429) as at the time this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 14795, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15065, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 11 (2) through (4), 39 (5) and (6), and 74 (1) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Filing Declaration on Import of Animals or Bringing Them into the Republic of Korea)
The owner or custodian of any species of animal imported from overseas or brought into the Republic of Korea among the species of animals designated as natural monuments as at the time this Act enters into force shall file a declaration with the Administrator of the Cultural Heritage Administration pursuant to the amended provisions of Article 41 within three months after this Act enters into force.
ADDENDA <Act No. 15639, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Articles 75 (4) and 103 (4) 4 shall enter into force on the date of its promulgation. Article 2 (Applicability to Permission, etc. for Altering Current State of State-Designated Cultural Heritages)
The amended provisions of Articles 35 (4) and (5), 39 (7) and (8), and 48 (6) and (7) shall begin to apply from the first case where an application for permission or for alteration of the current state of any State-designated cultural heritage is filed, an application for export license of a natural monument, etc. made of specimen, taxidermied animal, etc. is filed, and an application for access to the area restricted from public disclosure of State-designated cultural heritage is filed. Article 3 (Transitional Measures concerning Permission of Trade and other Business Activities)
A person who has obtained permission for change of his/her trade name or address of business place under the former provisions as at the time the amended provisions of Article 75 (4) enter into force shall be deemed to have filed a report under the same amended provisions.
ADDENDA <Act No. 15827, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Application Mutatis Mutandis to Succession to Rights and Obligations)
The amended provisions of Article 74 (2) shall begin to apply to the change of any owner of City/Do-designated cultural heritage and cultural heritage resources or the designation of a management organization or revocation thereof made after this Act enters into force.
ADDENDA <Act No. 16057, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Name of Registered Cultural Heritage)
Registered cultural heritage as at the time this Act enters into force shall be deemed as State-registered cultural heritage under this Act.
Article 3 Omitted.
ADDENDA <Act No. 16596, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 39 (2) shall enter into force one year after the date of its promulgation Article 2 (Applicability to Reporting to the National Assembly)
The amended provisions of Article 7-2 shall apply starting from the first master plan and implementation plan for cultural heritage formulated after this Act enters into force. Article 3 (Applicability to Modification Reports)
The amended provisions of Article 75 (4) shall apply from the first change of the representative of the corporation after this Act enters into force, or the change of the representative or executive of the corporation who has obtained permit for the cultural heritage trading business under the qualification requirements of Article 76 (1) 5. Article 4 (Applicability to Succession to Business)
The amended provisions of Article 75-2 shall apply from the first merger or transfer of business after this Act enters into force. Article 5 (Applicability to Prohibition of Attachment)
The amended provisions of Article 80 (1) 5 and 101-2 shall apply from the first violation of prohibited matters such as name lending after this Act enters into force. Article 6 (Applicability to Succession to Effects of Administrative Dispositions)
The amended provisions of Article 80-2 shall apply to any administrative sanction taken on or after the date this Act enters into force. Article 7 (Transitional Measures concerning Change in Terms of Provisional Designation, Provisionally Designated Cultural Heritage, or Letter of Provisional Designation)
The provisional designation, provisionally designated cultural heritage, or letter of provisional designation pursuant to the former provisions at the time this Act enters into force shall be deemed as provisionally designated cultural heritage, or letter of provisional designation under the amended provisions of Article 32 (1), (2), and (4). Article 8 (Transitional Measures concerning Change of Requirements for Qualifications)
A person who has obtained permission for a cultural heritage trading business at the time this Act enters into force, notwithstanding the amended provisions of Article 76, shall be deemed to have obtained permission under this Act. Article 9 Omitted.
Article 10 (Relationships with other Statutes and Regulations)
ADDENDUM <Act No. 17409, Jun. 9, 2020>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 15 (2) shall enter into force on the date of promulgation, and the amended provisions of Article 22-8 and 82-3 shall enter into force six months after the date of promulgation.
ADDENDUM <Act No. 17586, Dec. 8, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 46, 59 (2), and 74 (3) shall enter into force six months after the date of promulgation of the Act.
ADDENDUM <Act No. 17592, Dec. 8, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17711, Dec. 22, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 18157, May 18, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 18522, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Act No. 18770, Jan. 18, 2022>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18859, May 3, 2022>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 19248, Mar. 21, 2023>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 19590, Aug. 8, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on May 17, 2024.
Article 2 (Transitional Measures for Changes in the Terminology of Nationally Designated Cultural Properties, Provincially Designated Cultural Properties, Cultural Property Resources, National Registered Cultural Properties, City/Do Registered Cultural Properties, and Temporarily Designated Cultural Properties)
Nationally designated cultural properties, City/Do-designated cultural properties, cultural property resources, nationally registered cultural properties, City/Do-registered cultural properties, and temporarily designated cultural properties under the existing regulations at the time of the enforcement of this Act shall be deemed to be nationally designated cultural heritage, City/Do-designated cultural heritage, cultural heritage resources, nationally registered cultural heritage, City/Do-registered cultural heritage, and temporarily designated cultural heritage under this Act, respectively.
Article 3 (Transitional Measures concerning Establishment of Master Plan for Cultural Heritage)
A master plan for cultural property formulated pursuant to the former provisions as at the time this Act enters into force shall be deemed a master plan for cultural heritage formulated under this Act.
Article 4 (Transitional Measures Concerning Establishment of Committee)
The Cultural Property Committee, the Cultural Property Review Committee, and the Municipal and Provincial Cultural Property Committee established under the existing regulations at the time of the enactment of this Act shall be deemed to be the Cultural Heritage Committee, the Cultural Heritage Review Committee, and the Municipal and Provincial Cultural Heritage Committee, respectively, established under this Act.
Article 5 (Transitional Measures concerning Designation of Center)
| (1) | The cultural heritage education center designated under the existing regulations at the time of the enforcement of this Act shall be deemed to be a cultural heritage education center designated under this Act. |
| (2) | The central cultural property care center and the regional cultural property care center designated pursuant to the former provisions as at the time this Act enters into force shall be deemed the central cultural heritage care center and the regional cultural heritage care center designated under this Act, respectively. |
Article 6 (Transitional Measures concerning Designation of Organization)
National registered cultural property management organizations and municipal and provincial registered cultural property management organizations designated under the previous regulations at the time of the enforcement of this Act shall be deemed to be national registered cultural heritage management organizations and municipal and provincial registered cultural heritage management organizations designated under this Act.
Article 7 (Transitional Measures following Alteration of the Foundation’s Name)
| (1) | The Overseas Korean Cultural Property Foundation as at the time this Act enters into force shall be deemed the Overseas Korean Cultural Heritage Foundation under this Act. In such cases, the Overseas Korean Cultural Heritage Foundation shall, within three months after this Act enters into force, amend its articles of incorporation in accordance with the amended provisions of this Act and obtain the authorization thereof from the Administrator of the Cultural Heritage Administration. |
| (2) | The chairperson, director, statutory auditor, and employees of the Overseas Korean Cultural Property Foundation as at the time this Act enters into force shall be deemed to have been appointed respectively as the chairperson, director, statutory auditor, and employees of the Overseas Korean Cultural Heritage Foundation pursuant to this Act. In such cases, the term of office of executive officers shall be the remaining period of the term given under the former provisions. |
| (3) | The Overseas Korean Cultural Heritage Foundation shall succeed to all the assets, rights, and obligations belonged to the former Overseas Korea Cultural Property Foundation as at the time this Act enters into force. |
| (4) | An action done by and/or against the Overseas Korean Cultural Property Foundation before this Act enters into force shall be deemed to have been done by and/or against the Overseas Korea Cultural Heritage Foundation under this Act. |
Article 8 (Transitional Measures concerning Permission for Trade and other Business Activities)
A cultural property dealer licensed under the existing regulations at the time of the enforcement of this Act shall be deemed to be a cultural heritage dealer licensed under this Act.
Article 9 Omitted.
Article 10 (Relationships with other Statutes and Regulations)
Where the former Cultural Heritage Protection Act or its provisions are cited in other statutes or regulations (including the statutes and regulations promulgated before this Act enters into force but for which the enforcement date has not yet arrived) as at the time this Act enters into force, this Act or the corresponding provisions of this Act, if any, shall be deemed cited in lieu of the former Cultural Property Protection Act or its provisions.
ADDENDUM <Act No. 19592, Aug. 8, 2023>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 19690, Aug. 16, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. Provided, ... (Proviso Omitted) ..., That paragraph (1) of the same Article shall enter into force on May 17, 2024.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 19704, Sep. 14, 2023>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 19796, Oct. 31, 2023>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 19951, Jan. 9, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force on May 17, 2024.
Article 2 (Applicability to Formulation of Mater Plans)
The amended provisions of Article 6 (1) 6-3 shall begin to apply where a master plan for cultural heritage is formulated pursuant to Article 6 (1) after this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 20077, Jan. 23, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 14 (1), 39 (1), and 60 (1) shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Permission Processing Period)
The amended provisions of Article 35 (4) shall begin to apply to the State-designated cultural heritage, where it is intended to obtain permission specified in any subparagraph of Article 35 (1) after this Act enters into force.
ADDENDA <Act No. 20194, Feb. 16, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force on May 17, 2024: Provided, ... (Omitted) ..., That the amended provisions of Article 2 (4) of the Addenda to this Act shall enter into force on March 22, 2024. Article 2 Omitted.
ADDENDA <Act No. 20286, Feb. 13, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 80-5 (2) 3 and 4 shall enter into force 6 months after the date of its promulgation. Article 2 (Applicability to Revocation of Designation)
The amended provisions of Article 80-5 (2) 3 and 4 shall begin to apply to the case where a ground for revocation of designation occurs after the said amended provisions enter into force.