Statutes of the Republic of Korea

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters mandated by the Act on the Preservation and Utilization of Lighthouse Heritage and matters necessary for the enforcement thereof.

Article 2 (Modification of master plan for conservation and utilization of lighthouse heritage)

“Cases of changing any minor matters prescribed by Presidential Decree” in the proviso of Article 5 (4) of the Act on the Conservation and Utilization of Lighthouse Heritage (hereinafter referred to as the “Act”) refers to any of the following cases:

1.	In cases of changing minor matters to reflect the details of an amendment to the Act, or the enactment, amendment, or repeal of other statutes or regulations;

2.	In cases of changing minor matters to reflect the details of a plan formulated in accordance with other statutes or regulations;

3.	In case of changing miscalculation, misspelling, omission, or other obvious errors equivalent thereto.

Article 3 (Specialized agency for survey on lighthouse facilities)

“Specialized institution prescribed by Presidential Decree” in Article 6 (2) of the Act means an institution that falls under any of the following subparagraphs:

1.	A research institute or industry-academic cooperation group related to cultural heritage, which is affiliated with a school defined in Article 2 of the Higher Education Act;

2.	Museums or art galleries specified in each subparagraph of Article 3 (1) and paragraph (2) of that Article of the Museum and Art Gallery Promotion Act;

3.	Korea Institute of Aids to Navigation established under Article 41 of the Aids to Navigation Act (hereinafter referred to as “Korea Institute of Aids to Navigation”);

4.	Any other corporation or organization established for the purpose of research, study, education, repair, or academic activities related to cultural heritage.

Article 4 (Designation standards for designation of development zone for lighthouse maritime cultural space)

An area that is intended to be designated as a development zone for lighthouse marine cultural space (hereinafter referred to as “development zone”) under Article 8 (1) of the Act shall satisfy each of the following standards:

1.	The area shall fall under any of the following items:

a.	An area where it is deemed necessary to preserve and manage lighthouses and lighthouse ancillary facilities in a sustainable manner;

b.	An area where it is deemed necessary to utilize as marine tourism resources through the creation of lighthouse maritime cultural space.

2.	It shall serve the public interest by contributing to the development of fishing villages and the revitalization of the local economy;

3.	It shall contribute to the development of marine culture and arts or the promotion of marine experience and education;

4.	The scale of designation shall be appropriate in consideration of the characteristics, conditions, etc. of the relevant area.

Article 5 (Procedures for designation of development zones)

(1)

The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) who intends to request the designation of a development zone in accordance with the former part of Article 8 (2) of the Act shall submit to the Minister of Oceans and Fisheries a written request for designation of a development zone in the form prescribed by Decree of the Ministry of Oceans and Fisheries, along with documents stating a plan for development of lighthouse marine cultural space (hereinafter referred to as "development plan"), including matters specified in each subparagraph of Article 7.

(2)

The Mayor/Do Governor or the head of a Si/Gun/Gu who intends to request any change of the development zone under the latter part of Article 8 (2) of the Act shall submit a written request for the change of the development zone in the form prescribed by Decree of the Ministry of Oceans and Fisheries to the Minister of Oceans and Fisheries, along with the following documents:

1.	Documents explaining the grounds and details of the change;

2.

A topographic map with a scale of at least 1: 25,000 showing a changed development area, with cadastral information displayed (referring to a cadastral map in cases where a database of topographic maps with cadastral information is not constructed in the National Land Use Information System under Article 12 of the Framework Act on the Regulation of Land Use, or where the use of a topographic map is difficult due to discrepancies between topography and cadastral information);

(3)

The Minister of Oceans and Fisheries shall decide whether to designate or change the development zone within 2 months from the date of receiving a request under paragraph (1) or (2), and shall notify the relevant Mayor/Do Governor or the head of a Si/Gun/Gu of the result thereof; provided, where there are unavoidable reasons, the period may be extended by up to 1 month.

(4)

If there is any omission or unclear content in the written request and attached documents submitted under paragraph (1) or (2), the Minister of Oceans and Fisheries may request the competent Mayor/Do Governor or the head of competent Si/Gun/Gu within a specified period not exceeding 30 days. In such cases, the period taken for supplementation shall not be included in the period under the main clause of paragraph (3).

(5)	In cases where it is necessary for the designation or change of the development zone, or revocation of the designation thereof, the Minister of Oceans and Fisheries may request the submission of relevant materials from the competent Mayor/Do Governor or the head of a Si/Gun/Gu.

Article 6 (Public notice on designation, change, or revocation of development zones)

The public notice regarding the designation, change, or revocation of the development zone under the former part of Article 8 (5) of the Act shall include matters classified in the following subparagraphs:

1.	In cases of public notice regarding the designation or change of the development zone:

a.	Name, location, and area of the development zone designated or changed;

b.	Purpose of designation of development zone (only applicable to designation of the development zone);

c.	Grounds for and details of changes to the development zone (only applicable to the change of the development zone);

d.	Matters regarding the perusal of materials related to the designation or change of the development zone;

e.

A topographic map with a scale of at least 1:25,000 showing the designated or changed development zone, with cadastral information displayed (referring to a cadastral map in cases where a database of topographic maps with cadastral information is not constructed in the National Land Use Information System under Article 12 of the Framework Act on the Regulation of Land Use, or where the use of a topographic map is difficult due to discrepancies between topography and cadastral information);

2.	In cases of public notice regarding the revocation of the development zone:

a.	Grounds for the revocation of the development zone.

b.	Grounds for the revocation of the development zone;

Article 7 (Matters to be included in development plan)

In Article 9 (2) of the Act, "matters prescribed by Presidential Decree, such as the name, location, and area of the development zone, and matters regarding the implementer of a development project for the lighthouse marine cultural space" means each of the following matters:

1.	Name, location, and area of the development zone;

2.	Purpose of designation of the development zone;

3.	Land use plan and environmental conservation plan for the development zone;

4.

A topographic map with cadastral information at a scale of 1: 25,000 or larger, showing the development zone (referring to a cadastral map in cases where a database of topographic maps with cadastral information is not constructed in the National Land Use Information System under Article 12 of the Framework Act on the Regulation of Land Use, or where the use of a topographic map is difficult due to discrepancies between topography and cadastral information);

5.	The implementer of a development project for lighthouse marine cultural space under Article 12 (1) of the Act (hereinafter referred to as the “project implementer”);

6.	Overview and direction of a development project for the lighthouse marine cultural space;

7.	Financing plan and annual investment plan;

8.	Other matters deemed necessary by the Minister of Oceans and Fisheries for the creation of lighthouse marine cultural space.

Article 8 (Survey and measurement for formulation of development plans)

(1)	The matters subject to survey or measurement by the Minister of Oceans and Fisheries, the Mayor/Do Governor, or the head of a Si/Gun/Gu under Article 9 (3) of the Act shall be as follows:

1.	Current status of land use, obstacles, and various development projects in the development zone;

2.	Current status of infrastructure and transportation in the development zone;

3.	Natural conditions such as topography and ecology of the development zone;

4.	Current status of distribution of national heritage in the development zone;

5.	Current status of tourism resources and tourism facilities in the development zone;

6.	Other matters necessary for the formulation and preparation of a development plan.

(2)	If there exists data already surveyed or measured in accordance with other statutes or regulations with respect to matters to be surveyed or measured under paragraph (1), such data may be utilized.

Article 9 (Public contest for development plan proposals)

If the Minister of Oceans and Fisheries intends to publicly invite a development plan proposal under Article 9 (5) of the Act, he or she shall publicly announce the following matters in the Official Gazette and at least two daily newspapers (referring to general daily newspapers registered with nationwide circulation under Article 9 (1) of the Act on the Promotion of Newspapers), and publish them on the website of the Ministry of Oceans and Fisheries for at least 14 days:

1.	Outline of the development plan;

2.	Guidelines for application for public offering, such as the period and method of submission of a development plan proposal;

3.	Criteria and plan for the evaluation of development plan proposals;

4.	Other matters necessary for drafting or submitting a development plan proposal.

Article 10 (Restrictions on practices)

(1)

In the former part of Article 10 (1) of the Act, "acts prescribed by Presidential Decree, such as construction of buildings, installation of structure, change of the form and nature of land, extraction of earth, stones, gravel, or sand, division of land, or piling up objects" means any of the following acts:

1.	Construction of buildings: Construction, major repairs, or change of the use of buildings (including temporary buildings) under Article 2 (1) 2 of the Building Act;

2.	Installation of structures: Installation of artificially constructed structures (excluding buildings (including temporary structures) under Article 2 (1) 2 of the Building Act);

3.	Change of land form: Practices of changing the shape of land through methods such as cutting the ground, filling up the soil, leveling the ground, paving, excavating land, or reclaiming public waters;

4.	Extraction of soil, gravel, and sand;

5.	Land division;

6.	Stacking: Stacking items that are difficult to move for at least 1 month.

(2)	In Article 10 (2) of the Act, “practices prescribed by Presidential Decree” means the construction of buildings (including temporary buildings) with a total floor area of 100 square meters or more among the buildings (including temporary buildings) under paragraph (1) 1.

(3)	In Article 10 (3) of the Act, "practices prescribed by Presidential Decree, such as emergency measures necessary for disaster recovery or disaster management" means any of the following practices:

1.	Emergency measures necessary for disaster recovery or disaster management;

2.	Changes in the form and quality of land for cultivation;

3.	Extraction of soil, stones, gravel, and sand within the scope of not interfering with a development project for the lighthouse marine cultural space and not damaging the natural landscape.

(4)

A person who intends to file a report under Article 10 (4) of the Act shall submit a report in the form prescribed by Decree of the Ministry of Oceans and Fisheries, along with documents detailing the progress of the relevant construction or project and the implementation plan, to the head of the competent Si/Gun/Gu within 30 days from the date the development zone is designated and publicly notified.

Article 11 (Minor changes to project plans)

(1)	In the proviso of Article 11 (1) of the Act, “cases of changing any minor matters prescribed by Presidential Decree” means any of the following cases:

1.	In cases of changing the name of the project implementer;

2.	In cases of changing the schedule of the annual project promotion plan within the period of promotion of the development project for lighthouse marine cultural space under Article 11 (2) 7 of the Act;

3.	In cases of changing the matters to reflect the details of urban/Gun management plan under subparagraph 4 of Article 2 of the National Land Planning and Utilization Act;

4.	In cases of changing miscalculation, misspelling, omission, or other obvious errors equivalent thereto.

(2)	In Article 11 (2) 8 of the Act, “matters prescribed by Presidential Decree” means the following matters:

1.	Environmental conservation plan and disaster prevention plan;

2.	Layout plan and perspective view of facilities to be established in the lighthouse marine cultural space;

3.	Other matters publicly notified by the Minister of Oceans and Fisheries as deemed necessary to facilitate the implementation of a development project for lighthouse marine cultural space.

Article 12 (Completion inspection)

(1)	Where the Minister of Oceans and Fisheries conducts a completion inspection under Article 15 (2) of the Act, he or she must check the following matters:

1.	Completion report (including completion design drawings and completion photos);

2.	Land use area statement and floor plan;

3.	Cadastral survey results;

4.	Statement and drawing of public facilities attribution;

5.	Old and new comparative cadastral map and comparison chart of facilities;

6.	Statement of total project costs.

(2)	If it is necessary for a completion inspection under Article 15 (2) of the Act, the Minister of Oceans and Fisheries may consign a professional or technical inspection to a public institution, research institute, or other specialized agency or organization.

Article 13 (Projects for National Lighthouse Museum)

The National Lighthouse Museum pursuant to Article 18, Paragraph 1 of the Act shall carry out the following projects:

1.	Excavation, preservation, research, education and exhibition of lighthouse facilities, etc. (referring to lighthouse facilities, etc. under the former part, with the exception of the subparagraphs, of Article 6 (1) of the Act; hereinafter the same shall apply);

2.	Production and distribution of various publications related to lighthouse facilities, etc.;

3.	Exchange and cooperation with other museums and art galleries at home and abroad;

4.	Other projects necessary to achieve the purpose of establishing the National Lighthouse Museum.

Article 14 (Delegation of authority)

(1)	In accordance with Article 20 (1) of the Act, the Minister of Oceans and Fisheries shall delegate his or her authority to impose and collect administrative fines under Article 22 of the Act to the Director General of Regional Office of Oceans and Fisheries.

(2)	The Minister of Oceans and Fisheries shall entrust each of the following business affairs to the Korea Institute of Aids to Navigation in accordance with Article 20 (1) of the Act:

1.	Operation of the National Lighthouse Museum under Article 18 (1) of the Act;

2.	Duties specified in each subparagraph of Article 19 (1) of the Act.

Article 15 (Standards for imposition of administrative fines)

The standards for imposing administrative fines under Article 22 (1) of the Act are as set forth in Appendix.

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DECREE OF THE ACT ON THE CONSERVATION AND UTILIZATION OF LIGHTHOUSE HERITAGE