FRAMEWORK ACT ON NATIONAL HERITAGE
Act No. 19409, May 16, 2023
Amended by Act No. 19591, Aug. 8, 2023
Act No. 19587, Aug. 8, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe basic matters regarding national heritage policies and to clarify the responsibilities of the State and local governments for the preservation, management, and utilization of national heritage, thereby actively protecting and creatively inheriting national heritage and contributing to improvement of the quality of life through the cultural enjoyment of citizens.
| Article 2 (Fundamental Concepts) |
The fundamental concepts of this Act are to recognize that national heritage is the roots of our life, a source of creativity, and an asset of humanity and to thoroughly secure and enjoy the value of national heritage and creatively inherit and develop national heritage, thereby enriching our life and transferring it to the future generations in a more valuable way.
The terms used in this Act are defined as follows:
| 1. | The term "national heritage" means the artificially or naturally formed national, ethnic, or universal heritage, which is cultural heritage, natural heritage, or intangible heritage of outstanding historic, artistic, academic, or scenic value; |
| 2. | The term "cultural heritage" means a product of the Korean history and traditions, which is the tangible cultural heritage indicating the uniqueness of culture, the identity of the people, and changes in the lives of citizens; |
| 3. | The term "natural heritage" means natural objects, such as animals, plants, topography, and geological features, or any cultural heritage created by interactions with the natural environment; |
| 4. | The term "intangible heritage" means intangible cultural heritage, which is inherited over several generations and is constantly recreated by interactions between communities and groups, and history and environment. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State shall formulate and implement comprehensive policies for the preservation, management, and utilization of national heritage. |
| (2) | A local government shall formulate and implement policy measures for national heritage, taking into account the State’s policies for national heritage and the regional characteristics. |
| (3) | A local government shall have an organization or a department and personnel with exclusive responsibility for the preservation, management, and utilization of national heritage located in an area under its jurisdiction. |
| (4) | The State and local governments shall hear the opinion of the owner, custodian, or management organization of the relevant heritage in the preservation, management, and utilization of national heritage. |
| Article 5 (Rights and Obligations of Citizens) |
| (1) | All citizens shall have the right to know, find, and cultivate national heritage to add new values thereto, and the right to enjoy it freely without discrimination. |
| (2) | All citizens shall cooperate in policies and policy measures of the State and local governments for the preservation, management, and utilization of national heritage. |
| Article 6 (Relationship to Other Statutes) |
Enactments of or amendments to other statutes, regulations, etc. related to national heritage shall conform to the purpose and fundamental concepts of this Act.
CHAPTER II CREATION OF FOUNDATION FOR PROTECTING NATIONAL HERITAGE
| Article 7 (Basic Principles of National Heritage Protection Policies) |
The State and local governments shall ensure that the following matters are realized when formulating and implementing policies to protect national heritage:
| 1. | They shall thoroughly secure and pass down the tangible and intangible value of national heritage; |
| 2. | They shall protect national heritage together with the surrounding natural scenery or a space with outstanding historic and cultural values; |
| 3. | They shall enhance the value of national heritage and promote the creation of its new values through proactive disclosure and utilization of national heritage; |
| 4. | They shall enable citizens to actively participate in and enjoy such policies in daily life through easy and diverse methods; |
| 5. | They shall promote the sustainability of national heritage by maintaining harmony and balance between preservation and utilization of national heritage and by achieving harmony between the socioeconomic activities of citizens and other policies and policy measures; |
| 6. | They shall respect the unique history and diversity of a region and contribute to the vitalization of various communities and regional development. |
| Article 8 (Formulation of Master Plans) |
| (1) | The State shall formulate and implement a master plan according to the types of national heritage for the systematic and comprehensive preservation, management, and utilization of national heritage. |
| (2) | Matters necessary for formulating and implementing a master plan for each type under paragraph (1) shall be otherwise prescribed by statutes. |
| Article 9 (Establishment and Operation of Committee) |
| (1) | The State and local governments may establish and operate committees according to the types of national heritage to professionally survey and deliberate on matters regarding the preservation, management, and utilization of national heritage. |
| (2) | Matters necessary for the establishment and operation of committees for each type under paragraph (1) shall be otherwise prescribed by statutes. |
| Article 10 (Survey and Research) |
| (1) | The State and local governments shall identify the current status of national heritage through surveys and endeavor to discover and excavate unverified national heritage. |
| (2) | The State and local governments shall identify the value and nature of national heritage, and research how to preserve and manage such value and nature. |
| Article 11 (Subsidization for National Heritage) |
The State and local governments may provide subsidies to cover the expenses incurred in the preservation, management, utilization, etc. of national heritage.
| Article 12 (Development of Human Resources) |
| (1) | The State and local governments shall endeavor to develop professional human resources for specialized management, such as the survey and research on national heritage, or for daily use and participation thereof. |
| (2) | The State and local governments shall implement policies to foster local communities to ensure that national heritage can be a source of regional integration and self-respect. |
CHAPTER III PRESERVATION AND MANAGEMENT OF NATIONAL HERITAGE
| Article 13 (Designation and Registration of National Heritage) |
| (1) | The State may designate or register important national heritage as State-designated heritage or State-registered heritage to protect such heritage. |
| (2) | A local government may designate or register important national heritage not designated or registered as State-designated heritage or State-registered heritage under paragraph (1), as City/Do-designated heritage or City/Do-registered heritage to protect such heritage. |
| Article 14 (Preparation of Comprehensive Protection System) |
| (1) | The State and local governments shall continuously manage the current status of national heritage not designated or registered under Article 13, and shall devise measures to systematically protect it. |
| (2) | The State and local governments shall endeavor to pro-actively protect resources that have the potential to be national heritage in the future. |
| Article 15 (Protection of Historical and Cultural Environment) |
| (1) | The State and local governments shall protect the relevant national heritage as well as the natural scenery or any place of outstanding historical and cultural value near the national heritage, which is the surrounding environment required to be protected together with the national heritage. |
| (2) | The State and local governments shall pre-examine the impacts of various development plans and development projects on national heritage and its historical and cultural environment, and shall devise measures to minimize such impacts. |
| Article 16 (Preservation and Promotion of Ancient Cities and Historical and Cultural Zones) |
| (1) | The State and local governments shall recover the identity of a region and endeavor to contribute to the regional development by preserving and promoting ancient cities which have historically important significance as the political and cultural hub of our people in the past. |
| (2) | The State and local governments shall examine the historical value of a region by preserving and promoting a zone that has created and developed its unique identity through the production and accumulation of historically important tangible and intangible heritage, and shall endeavor to maintain it systematically. |
| Article 17 (Excavation of Buried Heritage) |
| (1) | In order to identify the nature and value of national heritage distributed and buried in land or under water (hereinafter referred to as "buried heritage"), the State and local governments may excavate buried heritage or instruct a person who has obtained permission for excavation pursuant to the Act on Protection and Inspection of Buried Cultural Heritage to excavate buried heritage. <Amended on Aug. 8, 2023> |
| (2) | Excavation under paragraph (1) shall be limited to the extent necessary to prevent causing unnecessary damage to buried heritage and its surrounding environment. |
| (3) | The State and local governments shall devise specific measures regarding the scope, methods, etc. of excavation in order to efficiently and safely excavate buried heritage. |
| Article 18 (Repair of National Heritage) |
| (1) | The State and local governments may repair national heritage or instruct an owner, etc. under the Act on the Repair of National Heritage to repair national heritage for the maintenance and recovery of the value of national heritage. <Amended on Aug. 8, 2023> |
| (2) | The State and local governments shall ensure that traditional materials and techniques are utilized when repairing or instructing the repair of national heritage. |
| Article 19 (Sale or Purchase of National Heritage) |
| (1) | The State and local governments shall establish and implement a system necessary to set the sound and transparent trading practices for national heritage. |
| (2) | No national heritage shall be exported from or taken out of the Republic of Korea, except where permission therefor has been obtained as otherwise prescribed by statutes. |
| Article 20 (Management of Qualifications) |
| (1) | Only a person or organization having certain qualifications pursuant to relevant statutes or regulations may engage in the excavation, repair, sale or purchase, etc. of national heritage under Articles 17 through 19. |
| (2) | The State and local governments shall implement the policies for verifying and managing the qualifications of persons or organizations that perform the excavation, repair, sale or purchase, etc. of national heritage by having the qualifications under paragraph (1), and may provide education on the matters to be observed, related knowledge, etc., if necessary. |
| Article 21 (Prevention of and Response to Disasters) |
| (1) | The State and local governments shall establish and operate a regular and systematic prevention and management system to manage national heritage safely from disasters and various accidents. |
| (2) | The State and local governments shall establish and operate a system to promptly respond to the situations threatening the safe management of national heritage. |
| Article 22 (Response to Climate Change) |
| (1) | The State and local governments shall continuously survey the impacts of climate change on national heritage and the vulnerability of national heritage consequent thereon in order to manage national heritage safely from the changes in the natural environment, natural disasters, etc. resulting from climate change. |
| (2) | The State and local governments shall examine the details of surveys conducted pursuant to paragraph (1) and devise measures to respond to such examination. |
CHAPTER IV UTILIZATION AND PROMOTION OF NATIONAL HERITAGE
| Article 23 (Improvement of National Heritage Welfare for Citizens) |
| (1) | The State and local governments shall provide diverse programs for enjoyment, such as watching, exhibitions, education, and experience of national heritage, in order to guarantee the cultural life of citizens. |
| (2) | The State and local governments shall create an environment necessary for all citizens to enjoy national heritage. |
| (3) | The State and local governments shall devise support and policy measures necessary for vulnerable people whose enjoyment of national heritage is restricted due to physical, economic, and geographical constraints, etc. |
| Article 24 (Management of National Heritage Information) |
| (1) | The State and local governments may produce, collect, and manage national heritage data by applying and integrating intelligent information technology or other technologies. |
| (2) | The State and local governments shall endeavor to manage national heritage information, including the establishment and operation of related platforms, to efficiently manage national heritage data and to enhance citizens' access to information. |
| Article 25 (Education on National Heritage) |
| (1) | The State and local governments shall provide citizens with appropriate educational opportunities, in order to ensure that they understand and learn the value of national heritage and raise the awareness of love for national heritage. |
| (2) | The State and local governments may conduct fact-finding surveys and operate certification systems, etc. to provide citizens with correct education on national heritage. |
| Article 26 (Publicity of National Heritage) |
The State and local governments shall widely publicize national heritage at home and abroad by various means, in order to enhance the understanding of national heritage and disseminate its value.
| Article 27 (Promotion of Industry) |
| (1) | The State and local governments shall encourage the industry that utilizes national heritage to create new added value through the development, production, distribution, etc. of content or goods mediated by national heritage. |
| (2) | The State and local governments shall promote employment, business start-up, etc. in order to create jobs through national heritage, and shall endeavor to stabilize the employment of persons engaged in the field of national heritage. |
CHAPTER V GLOBALIZATION OF NATIONAL HERITAGE
| Article 28 (Promotion of International Exchange and Cooperation for National Heritage) |
The State shall actively promote information and technology exchange, human resources exchange, joint surveys and research, etc. regarding national heritage through cooperation with international organizations related to national heritage and other countries.
| Article 29 (Cooperation for Exchanges of National Heritage between North and South Korea) |
| (1) | The State shall endeavor to improve mutual exchange and cooperation in the field of national heritage between North and South Korea. |
| (2) | The State shall survey and research North Korea's policies, systems, current status, etc. related to national heritage to improve mutual exchange and cooperation in the field of natural heritage between North and South Korea. |
| (3) | If necessary for exchange and cooperation projects, surveys and research, etc. under paragraphs (1) and (2), the State may request the provision of cooperation from related organizations, etc., as prescribed by Presidential Decree. |
| Article 30 (Protection of Foreign Heritage) |
| (1) | Heritage designated and protected under the statutes or regulations of a foreign country (hereinafter referred to as "foreign heritage") that is a party to an international convention concerning the protection of heritage (hereinafter referred to as "convention"), to which the Republic of Korea is also a party to preserve the heritage of humanity and improve friendship with other countries, shall be protected as prescribed by the Convention and this Act. |
| (2) | Where a reasonable ground exists to believe that any foreign heritage which is to be brought or has already been brought into the Republic of Korea has been illegally taken out of the relevant foreign country, the Administrator of the Cultural Heritage Administration and the head of the relevant central administrative agency may seize the foreign heritage. |
| (3) | The Administrator of the Cultural Heritage Administration and the head of the relevant central administrative agency shall keep and manage foreign heritage in a museum, etc., if the foreign heritage is seized pursuant to paragraph (2). |
| (4) | The Administrator of the Cultural Heritage Administration and the head of the relevant central administrative agency shall, without delay, return foreign heritage kept pursuant to paragraph (3) to its owner or possessor, once the foreign heritage is verified to have been legally taken out of the relevant foreign country. This shall also apply where it is verified that the foreign heritage has been illegally taken out, but it is obvious that the relevant foreign country has no intent to retrieve it. |
| (5) | If a foreign country proves that foreign heritage brought into the Republic of Korea has been illegally taken out of the relevant foreign country and makes a request for return of the heritage in accordance with appropriate procedures provided in a convention, or if the Administrator of the Cultural Heritage Administration and the head of the relevant central administrative agency fulfill the duty to return it in accordance with the convention, they shall take necessary measures in cooperation with relevant agencies so that it can be returned to the relevant foreign country as prescribed by the convention. |
| Article 31 (Registration and Protection of World Heritage) |
| (1) | The Administrator of the Cultural Heritage Administration may file an application with UNESCO for the registration of Korea's outstanding national heritage as World Heritage, Intangible Cultural Heritage of Humanity, or Memory of the World in accordance with the Convention concerning the Protection of the World Cultural and Natural Heritage, the Convention for the Safeguarding of the Intangible Cultural Heritage, or UNESCO's programs. In such cases, the Administrator of the Cultural Heritage Administration shall determine the procedures, etc. for selecting national heritage to be applied for registration, in consideration of UNESCO's regulations. |
| (2) | The State and local governments shall actively endeavor to preserve heritage of humanity, in addition to national heritage registered as World Heritage, Intangible Cultural Heritage of Humanity, or Memory of the World in UNESCO (hereafter in this Article referred to as "World Heritage, etc."), and to widely publicize national heritage abroad. |
| (3) | The State and local governments shall protect the World Heritage, etc. to the level equivalent to the State-designated heritage from the date on which they are registered, and the Administrator of the Cultural Heritage Administration may order a person who conducts any activity that is likely to affect the World Heritage and its historical and cultural environment to take measures necessary for the protection of the World Heritage and its historic and cultural environment, as prescribed by Presidential Decree. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 32 (Establishment of National Heritage Promotion Institute) |
| (1) | The National Heritage Promotion Institute (hereinafter referred to as the "Institute") shall be established under the Cultural Heritage Administration to preserve, utilize, and disseminate national heritage and develop traditional lifestyle and culture. |
| (2) | The Institute shall be a corporation. |
| (3) | The Institute shall perform the following projects to accomplish the purpose of its establishment: <Amended on Aug. 8, 2023> |
| 1. | Support for and promotion of the activities related to intangible heritage, such as performances and exhibitions; |
| 2. | Education, publication, scientific surveys and research, and content development and utilization related to national heritage; |
| 4. | Development and dissemination of traditional cultural products, food, wedding, etc. and operation of convenient facilities, etc.; |
| 5. | International exchange, including national heritage-related official development assistance; |
| 6. | Support for a national heritage protection campaign; |
| 7. | Restoration and reproduction of a traditional cultural event; |
| 8. | Projects entrusted by the State, a local government, a public institution, etc.; |
| 9. | Profit-making projects to accomplish the purpose of establishing the Institute, and other projects prescribed by its articles of incorporation. |
| (4) | The Institute shall have executive officers and necessary employees, as prescribed by its articles of incorporation. |
| (5) | Except as provided in this Act, the provisions concerning incorporated foundations under the Civil Act shall apply mutatis mutandis to the Institute. |
| (6) | Expenses necessary for the operation of the Institute may be subsidized from the National Treasury. |
| (7) | If deemed necessary for the Institute to perform its business affairs, the State or a local government may allow it to use and benefit from any State or public property without consideration. |
| (8) | No person, other than the Institute under this Act, shall use the name “National Heritage Promotion Institute” or any similar name. |
| Article 33 (Management of National Heritage Belonging to the State) |
| (2) | Details necessary for the management of national heritage, which belongs to the State, shall be otherwise prescribed by statutes. |
| Article 34 (National Heritage Day) |
| (1) | December 9 of each year shall be designated as the National Heritage Day to improve citizens’ understanding of national heritage and to raise their awareness of protecting national heritage. |
| (2) | Matters necessary for the events to be held on the National Heritage Day may be otherwise determined by the Administrator of the Cultural Heritage Administration or 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. |
| Article 35 (Administrative Fine) |
| (1) | A person who uses the name “National Heritage Promotion Institute” or any similar name, in violation of Article 32 (8), shall be subject to an administrative fine not exceeding four million won. |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the Administrator of the Cultural Heritage Administration. |
ADDENDA <Act No. 19409, May 16. 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures Following Change of Foundation’s Name)
| (1) | The National Heritage Promotion Institute shall succeed to the business affairs of the Korea Cultural Heritage Foundation established under Article 9 of the Cultural Heritage Protection Act before this Act enters into force. In such cases, the National Heritage Promotion Institute shall, within three months after this Act enters into force, amend its articles of incorporation pursuant to the amended provisions of this Act and obtain authorization thereof from the Administrator of the Cultural Heritage Administration. |
| (2) | The employees of the Korea Cultural Heritage Foundation as at the time this Act enters into force shall be deemed the employees of the National Heritage Promotion Institute. In such cases, the terms of office of executive officers shall be the remaining term of office under the previous provisions. |
| (3) | The National Heritage Promotion Institute shall succeed to all the property, rights, and obligations belonging to the Korea Cultural Heritage Foundation as at the time this Act enters into force. |
| (4) | Any act conducted by or against the Korea Cultural Heritage Foundation before this Act enters into force shall be deemed any act conducted by or against the National Heritage Promotion Institute. |
Article 3 Omitted.
ADDENDA <Act No. 19587, Aug. 8, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on May 17, 2024. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 19591, Aug. 8, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on May 17, 2024.
Articles 2 through 6 Omitted.