CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to conserve and utilize the modern and contemporary cultural heritage systematically, to promote the improvement of the quality of cultural life of the people, thereby contributing to the cultural development of future generations and the advancement of human culture.
The terms used in this Act are defined as follows: <Amended on Feb. 13, 2024>
| 1. | The term "modern and contemporary cultural heritage" means any of the following cultural heritage, which needs to be specially conserved for their historical, artistic, social or academic value, among the cultural heritage formed from before and after the opening of the port to the present: provided, the cultural heritage designated pursuant to the Act on Conservation and Utilization of Cultural Heritage shall be excluded: |
| (a) | Modern and contemporary real estate heritage: Facilities, buildings, tombs, sites, historic sites, streets, landscapes, etc.; |
| (b) | Modern and contemporary movable heritage: Paintings, sculptures, crafts, documents, books, clothing, souvenirs, household goods, machines, appliances, tools, etc.; |
| 2. | "Registered cultural heritage" refers to the modern and contemporary cultural heritage registered according to the following categories: |
| (a) | State-registered cultural heritage: Modern and contemporary cultural heritage registered by the Administrator of the Korea Heritage Service pursuant to Article 6 (1); |
| (b) | City/Do registered cultural heritage: Modern and contemporary cultural heritage registered by the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "City/Do Governor") pursuant to Article 39 (1); |
| 3. | "Modern and contemporary cultural heritage district" refers to a zone where registered cultural heritage (limited to modern and contemporary real estate heritage) is located, which is designated by the Administrator of the Korea Heritage Service pursuant to Article 33 (1) as it needs to be conserved and utilized together with surrounding areas; |
| 4. | "Preliminary cultural heritage" refers to the modern and contemporary cultural heritage selected by the Administrator of the Korea Heritage Service pursuant to Article 44 (1) as it is highly likely to be registered as the registered cultural heritage in the future and therefore requires special conservation and utilization. |
| Article 3 (Basic Principles) |
In order to conserve and utilize the modern and contemporary cultural heritage in a sustainable manner, the following principles shall be observed:
| 1. | To maintain and inherit the historical, artistic, social, and academic value of the modern and contemporary cultural heritage; |
| 2. | To enable the citizens to actively participate in the conservation of the modern and contemporary cultural heritage and relish its value; |
| 3. | To ensure a sustainable conservation and utilization of modern and contemporary cultural heritage, such as its contribution to improving the life of local residents. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State shall establish and promote comprehensive policies for the conservation and utilization of the modern and contemporary cultural heritage. |
| (2) | Local governments shall formulate and promote policy measures for the conservation and utilization of the modern and contemporary cultural heritage, taking into account national policy measures and regional characteristics. |
| (3) | The State and local governments shall endeavor to ensure that the modern and contemporary cultural heritage is not damaged when planning and implementing various development projects. |
| (4) | The people shall actively cooperate with the policy measures of the State and local governments for the conservation and utilization of the modern and contemporary cultural heritage. |
| Article 5 (Relationship to Other Statutes) |
This Act shall take precedence over other statues concerning the conservation and utilization of the modern and contemporary cultural heritage.
CHAPTER 2 REGISTRATION AND MANAGEMENT OF STATE-REGISTERED CULTURAL HERITAGE
Section 1 Registration of State-Registered Cultural Heritage
| Article 6 (Registration of State-Registered Cultural Heritage) |
| (1) | The Administrator of the Korea Heritage Service may register a modern and contemporary cultural heritage that has been constructed, produced, or formed more than 50 years ago and is in special need of conservation and utilization measures as a State-registered cultural heritage after deliberation by the Cultural Heritage Committee (hereinafter referred to as the "Committee") pursuant to Article 8 (1) of the Act on Conservation and Utilization of Cultural Heritage: provided, even if it 50 years have not passed since its construction, production, or formation, a property that requires urgent conservation measures may be registered as a State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| (2) | Necessary matters regarding the standards and procedures for the registration of State-registered cultural heritage under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 7 (Public Notice and Notification of Registration) |
| (1) | When the Administrator of the Korea Heritage Service registers a State-registered cultural heritage pursuant to Article 6, he or she shall publicly notify the purpose and content of the registration in the official gazette, and inform the owner of the relevant cultural heritage without delay: provided, if the owner of the relevant cultural heritage does not exist or is unclear, the Administrator may notify the occupier or manager of the registration. <Amended on Feb. 13, 2024> |
| (2) | Registration of the State-registered cultural heritage takes effect from the date of public notification in the official gazette pursuant to paragraph (1). |
| Article 8 (Designation and Public Notification of Essential Conservation Elements) |
| (1) | The Administrator of the Korea Heritage Service may designate and publicly notify the parts or elements of buildings, structures, etc. that have special value of conservation (hereinafter referred to as "essential conservation elements") of the State-registered cultural heritage (limited to modern and contemporary real estate heritage) under subparagraph 2 (a) of Article 2. <Amended on Feb. 13, 2024> |
| (2) | When the Administrator of the Korea Heritage Service designates essential conservation elements pursuant to paragraph (1), he or she shall obtain the consent of the owner and undergo deliberation by the Committee: provided, if the owner does not exist or is unclear, the opinions of the occupants or managers, etc. may be heard. <Amended on Feb. 13, 2024> |
| (3) | If there is a change in the essential conservation elements designated under paragraph (1), such as damage or loss of value, the Administrator of the Korea Heritage Service may change or cancel the designation of the essential conservation elements after deliberation by the Committee. <Amended on Feb. 13, 2024> |
| Article 9 (Issuance of Registration Certificate) |
When the Administrator of the Korea Heritage Service registers a State-registered cultural heritage, he or she shall issue the registration certificate of the State-registered cultural heritage to the owner. <Amended on Feb. 13, 2024>
| Article 10 (Provisional State-Registered Cultural Heritage) |
| (1) | If the Administrator of the Korea Heritage Service judges that urgent preventive measures are necessary or there is no time to go through deliberation by the Committee because there is a risk that the value of modern and contemporary cultural heritage might be damaged before registering it as a State-registered cultural heritage in accordance with Article 6, the cultural heritage may be temporarily registered as a State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| (2) | The effect of provisional registration under paragraph (1) shall take effect from the date of notification to the owner, occupant, or manager of the temporarily registered modern and contemporary cultural heritage (hereinafter referred to as "provisional State-registered cultural heritage"). |
| (3) | Provisional registration under paragraph (1) shall be deemed expunged if there is no registration of the State-registered cultural heritage under Article 6 within 6 months from the date of temporary registration. |
| (4) | Articles 7 and 9 shall apply mutatis mutandis to the notification of provisional registration and the issuance of the provisional registration certificates, but public notice in the official gazette pursuant to Article 7 (1) shall not be made. |
| Article 11 (Application Mutatis Mutandis of Permitted Matters regarding Provisional State-Registered Cultural Heritage) |
Articles 16 (1), 17 (1), 18 (1) and (3), 19 and 27 shall apply mutatis mutandis to the conservation and management of provisional State-registered cultural heritage.
Section 2 Management of State-Registered Cultural Heritage
| Article 12 (Management of State-Registered Cultural Heritage) |
| (1) | The owner of a State-registered cultural heritage shall fulfill the duty of care of a good manager in conserving and managing the value of the State-registered cultural heritage. |
| (2) | The owner of a State-registered cultural heritage may, if necessary for the conservation and management of the State-registered cultural heritage, appoint a manager of the State-registered cultural heritage. |
| Article 13 (Management by Management Agency) |
| (1) | If the Administrator of the Korea Heritage Service judges that the owner of the State-registered cultural heritage is unclear or that the owner or manager cannot manage the State-registered cultural heritage, he or she can designate a local government or a corporation or organization suitable for managing the State-registered cultural heritage as a management agency for State-registered cultural heritage for the management thereof. <Amended on Feb. 13, 2024> |
| (2) | When the Administrator of the Korea Heritage Service intends to designate a management agency for State-registered cultural heritage pursuant to paragraph (1), he or she shall hear the opinions of the owner or manager of the State-registered cultural heritage or the relevant local government, corporation or organization. <Amended on Feb. 13, 2024> |
| (3) | When the Administrator of the Korea Heritage Service designates a management agency for the State-registered cultural heritage pursuant to paragraph (1), he or she shall publicly notify the purpose and details of the designation in the official gazette without delay, and notify the owner or manager and the management agency of the State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| (4) | A local government designated as a State-registered cultural heritage management agency may, in consultation with the Administrator of the Korea Heritage Service, entrust the management affairs of the relevant cultural heritage to a related corporation or organization. <Amended on Feb. 13, 2024> |
| (5) | No one shall interfere with the management activities performed by a State-registered cultural heritage management agency designated pursuant to paragraph (1). |
| (6) | The Administrator of the Korea Heritage Service or the competent Mayor/Do Governor may require a State-registered cultural heritage management agency to submit data on the current status, management, operation, etc. of the relevant State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| (7) | The designation of a State-registered cultural heritage management agency under paragraph (1) shall take effect on the date of public notification in the official gazette. |
| Article 14 (Special Management by the State) |
| (1) | If the Administrator of the Korea Heritage Service determines that it is impractical for the owner, manager, or management agency of State-registered cultural heritage to manage the State-registered cultural heritage, he or she may directly conserve and manage the State-registered cultural heritage after deliberation by the Committee. <Amended on Feb. 13, 2024> |
| (2) | Expenses necessary for the conservation and management of the State-registered cultural heritage under paragraph (1) shall be borne by the State. |
| Article 15 (Recording of State-Registered Cultural Heritage) |
| (1) | The Administrator of the Korea Heritage Service and the Mayor/Do Governor having jurisdiction over the State-registered cultural heritage, and the head of a State-registered cultural heritage management agency under Article 13 shall prepare and preserve the records on the conservation and management of State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| (2) | If the Administrator of the Korea Heritage Service deems it necessary for the conservation of State-registered cultural heritage, he or she may a person or a research institute with specialized knowledge on the modern and contemporary cultural heritage to prepare the records of State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| Article 16 (Matters to be Reported on State-Registered Cultural Heritage) |
| (1) | In any of the following cases with respect to the relevant State-registered cultural heritage, the owner, manager, or management agency of the State-registered cultural heritage shall report the fact and circumstances, etc. of the case to the Administrator of the Korea Heritage Service: <Amended on Feb. 13, 2024> |
| 1. | In case where the manger is appointed or dismissed; |
| 2. | In case where the owner is changed; |
| 3. | In case where the address of the owner or manager is changed; |
| 4. | In case where the name of land, lot number, land category, area, etc. of the location is changed; |
| 5. | In case where the place of storage of the State-registered cultural heritage is changed; |
| 6. | In case where all or part of the State-registered cultural is destroyed, lost, stolen or damaged; |
| 7. | In case where the person has obtained permission (including permission for modifications) under Article 18 and has initiated or completed the act of changing the status quo of the State-registered cultural heritage; |
| 8. | In case of importing a State-registered cultural heritage for which export is permitted pursuant to the proviso of Article 27 (1); |
| 9. | In case of copying or imprinting the State-registered cultural heritage. |
| (2) | Matters concerning the deadline and methods of reporting under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Report on Change of Current Status) |
| (1) | Any person who intends to perform any of the following acts to change the status quo of a State-registered cultural heritage shall report it to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous district; hereinafter the same shall apply) at least 30 days in advance: |
| 1. | The act of significantly altering the appearance of a State-registered cultural heritage belonging to the modern and contemporary real estate heritage, as prescribed by Presidential Decree; |
| 2. | The act of changing the essential conservation elements of a State-registered cultural heritage belonging to the modern and contemporary real estate heritage; |
| 3. | The act of relocating or demolishing a State-registered cultural heritage belonging to the modern and contemporary real estate heritage to another location; |
| 4. | The act of repairing or preserving a State-registered cultural heritage belonging to the modern and contemporary real estate heritage. |
| (2) | The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has received a report pursuant to paragraph (1) shall submit a report on the details of the report to the Administrator of the Korea Heritage Service through the Mayor/Do Governor (except for the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) without delay. <Amended on Feb. 13, 2024> |
| (3) | Where the Administrator of the Korea Heritage Service receives a report on the change of the status quo of State-registered cultural heritage pursuant to paragraph (1), he or she may provide guidance, advice, and recommendation on the act of changing the status quo. <Amended on Feb. 13, 2024> |
| Article 18 (Permission to Change the Status Quo) |
| (1) | Notwithstanding Article 17 (1), any person who wishes to change the status quo of a State-registered cultural heritage that falls under any of the following subparagraphs shall obtain permission from the Administrator of the Korea Heritage Service as prescribed by Presidential Decree. The same shall apply when changing the permitted matters: <Amended on Feb. 13, 2024> |
| 1. | State-registered cultural heritage that received subsidies from the State pursuant to Article 28; |
| 2. | State-registered cultural heritage to which special cases are applied regarding the building-to-land ratio or the floor area ratio of buildings pursuant to Article 31; |
| 3. | State-registered cultural heritage whose owner is the State or local government (limited to modern and contemporary real estate heritage). |
| (2) | For the minor matters of permission granted under paragraph (1), the Administrator of the Korea Heritage Service may delegate the permission to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (3) | When the Administrator of the Korea Heritage Service, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu receives an application for permission under paragraph (1), he or she shall grant permission only if the act subject to the application for permission satisfies the following criteria: <Amended on Feb. 13, 2024> |
| 1. | It shall not affect the conservation of State-registered cultural heritage; |
| (4) | If it is deemed necessary for the permission under paragraph (1), the Administrator of the Korea Heritage Service, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may direct a relevant expert to conduct a survey as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| Article 19 (Revocation of Permission to Change of Status Quo) |
| (1) | If a person who has obtained permission pursuant to Article 18 (1) falls under any of the following subparagraphs, the Administrator of the Korea Heritage Service may revoke the permission: <Amended on Feb. 13, 2024> |
| 1. | In case of violation of the matters for permission or the conditions for permission; |
| 2. | If the person obtains permission through deception or other unlawful means; |
| 3. | If any permitted matters are deemed impractical to be implemented or to be substantially harmful the public interest. |
| (2) | If a person who has received permission pursuant to Article 18 (1) fails to report commencement and the permission period expires, the permission is deemed revoked. |
| Article 20 (Administrative Orders) |
| (1) | If it is necessary for the conservation of State-registered cultural heritage, the Administrator of the Korea Heritage Service or the head of a local government may order the owner, manager, or management agency of State-registered cultural heritage to take the following measures: <Amended on Feb. 13, 2024> |
| 1. | Prohibition or restriction of certain activities if the management conditions of the State-registered cultural heritage are not adequate for the conservation of the State-registered cultural heritage; |
| 2. | Installation of facilities, removal of obstacles, or other urgent measures necessary for the conservation of State-registered cultural heritage; |
| 3. | Measures to suspend acts or to restore the original state, against a person who changes the status quo of the State-registered cultural heritage without permission pursuant to Article 18 (1); |
| (2) | If the owner, manager, or management agency of the State-registered cultural heritage fails to comply with an order issued under paragraph (1) 1 or 2, or if the owner, manager, or management agency of the State-registered cultural heritage is deemed inappropriate to take the relevant measures, the Administrator of the Korea Heritage Service or the head of a local government may take the measures on its own. In this case, the expenses incurred in taking the measures shall be borne by the State. <Amended on Feb. 13, 2024> |
| (3) | If a person who has received an order pursuant to paragraph (1) 3 fails to comply with the order, the Administrator of the Korea Heritage Service or the head of a local government may execute the order by proxy as prescribed in the Administrative Vicarious Execution Act, and collect the costs from the violator of the order. <Amended on Feb. 13, 2024> |
| (4) | If the head of a local government orders to take measures pursuant to paragraph (1), he or she shall notify the Administrator of the Korea Heritage Service of the fact. <Amended on Feb. 13, 2024> |
| Article 21 (Regular Investigation) |
| (1) | The Administrator of the Korea Heritage Service shall regularly investigate the conservation and management status of the State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| (2) | If the Administrator of the Korea Heritage Service judges that additional investigation is necessary after the regular investigation under paragraph (1), he or she may re-investigate the relevant State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| (3) | In the case of an investigation pursuant to paragraphs (1) and (2), the fact of investigation shall be informed in advance to the owner or manager of the relevant State-registered cultural heritage or the State-registered cultural heritage management agency: provided, in case of urgent circumstances requiring the conservation and management of the State-registered cultural heritage, this may be notified after the investigation. |
| (4) | Necessary matters regarding the specific timing, procedures and methods of the investigation under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (5) | The Administrator of the Korea Heritage Service may delegate all or part of the investigation under paragraphs (1) and (2) to a local government or entrust it to a specialized agency or organization, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (6) | The State shall compensate those who have suffered losses due to the investigation under paragraphs (1) and (2) as prescribed by Presidential Decree. |
| (7) | The Administrator of the Korea Heritage Service shall reflect the results of the investigation under paragraphs (1) and (2) in the management of the State-registered cultural heritage specified as follows: <Amended on Feb. 13, 2024> |
| 1. | Repair and restoration of the State-registered cultural heritage; |
| 2. | The restriction or prohibition of certain activities or the installation, removal and relocation of facilities for the conservation of the State-registered cultural heritage; |
| 3. | Other matters necessary for the management of the State-registered cultural heritage. |
| Article 22 (Emergency Investigation) |
| (1) | If it is recognized that there is an urgent need for the conservation of the State-registered cultural heritage, the Administrator of the Korea Heritage Service may investigate the current status of conservation and management of State-registered cultural heritage. <Amended on Feb. 13, 2024> |
| (2) | When conducting an emergency investigation under paragraph (1), Article 21 (3) through (7) shall apply mutatis mutandis to the notification, procedures, methods, etc. of investigation. |
| (1) | The Administrator of the Korea Heritage Service may re-evaluate the State-registered cultural heritage (hereinafter referred to as "revaluation" in this Article) based on the results of the investigation pursuant to Article 21 or 22. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service may reflect the results of revaluation in the cancellation of registration of State-registered cultural heritage, the change and cancellation of designation of the modern and contemporary cultural heritage districts, and the change and cancellation of the designation of essential conservation elements. <Amended on Feb. 13, 2024> |
| Article 24 (Determination and Dissemination of Acceptance Standards) |
The Administrator of the Korea Heritage Service may establish the standards for materials, technology, and methods necessary for repair, taking into account the materials, construction, production technology, and conservation methods of State-registered cultural heritage. <Amended on Feb. 13, 2024>
| Article 25 (Cancellation of Registration) |
| (1) | If the conservation and utilization of State-registered cultural heritage is impossible due to destruction, loss of value, etc. or other special reasons prescribed by Presidential Decree, the Administrator of the Korea Heritage Service may cancel the registration after deliberation by the Committee. <Amended on Feb. 13, 2024> |
| (3) | Specific matters regarding the cancellation of registration under paragraph (1) shall be determined by Presidential Decree. |
| Article 26 (Public Notice and Notification of Cancellation of Registration) |
| (1) | When the Administrator of the Korea Heritage Service cancels the registration of the relevant State-registered cultural heritage pursuant to Article 25, he or she shall announce the purpose and details of the cancellation in the official gazette, and notify the owner of the relevant State-registered cultural heritage without delay: provided, if the owner of a State-registered cultural heritage is not existent or clear, the occupant or manager may be notified. <Amended on Feb. 13, 2024> |
| (2) | When the owner, occupant, or manager of a State-registered cultural heritage receives a notice of the cancellation of registration, he or she shall return the registration certificate of the State-registered cultural heritage issued pursuant to Article 9 to the Administrator of the Korea Heritage Service within 30 days from the date of receiving the notice. <Amended on Feb. 13, 2024> |
| Article 27 (Prohibition of Export and Take-Out) |
| (1) | The State-registered cultural heritage shall not be exported or taken out of the country: provided, this does not apply if permission from the Administrator of the Korea Heritage Service is obtained for the purpose of international cultural exchange, such as an overseas exhibition. <Amended on Feb. 13, 2024> |
| (2) | Any person who wishes to obtain permission for the export of State-registered cultural heritage abroad for the purpose of international cultural exchange such as overseas exhibition pursuant to the proviso of paragraph (1) shall file an application for export permission to the Administrator of the Korea Heritage Service, through the computer system operated and managed by the Commissioner of the Korea Customs Service at least 5 months prior to the scheduled export date, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 13, 2024> |
| (3) | The Administrator of the Korea Heritage Service may permit the export of the State-registered cultural heritage pursuant to paragraph (2) on the condition that it be re-imported within 2 years. <Amended on Feb. 13, 2024> |
| (4) | If a person who is permitted for an export pursuant to paragraph (3) applies for an extension of the export period, the Administrator of the Korea Heritage Service may grant permission for an extension of the export period by up to 2 years, if he or she deems it necessary to achieve the original purpose of export or to ensure the safety of cultural heritage, etc., on the condition that it meets the standards for review under paragraph (5). <Amended on Feb. 13, 2024> |
| (5) | Specific standards for the review of permission for overseas export or extension of export period pursuant to paragraphs (3) and (4) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (6) | The Administrator of the Korea Heritage Service may request a person who has been permitted to take the cultural heritage out of the country pursuant to paragraph (3) to submit data on the current status and conservation and management status of the relevant State-registered cultural heritage. In this case, the person who has received the request must comply with it unless there are special reasons. <Amended on Feb. 13, 2024> |
| (7) | Article 19 (1) shall apply mutatis mutandis to the cancellation of permission under paragraph (3). |
Section 3 Support for State-Registered Cultural Heritage
| Article 28 (Support for Conservation Expenses of State-Registered Cultural Heritage) |
| (1) | The expenses necessary for the management of State-registered cultural heritage shall be borne by the owner, manager, or the management agency of the State-registered cultural heritage. |
| (2) | Notwithstanding paragraph (1), the State may subsidize the owner, manager, or a management agency of the State-registered cultural heritage to cover all or part of the expenses incurred in the following measures: |
| 1. | Conservation and repair of State-registered cultural heritage, or the installation of other necessary facilities, and removal of obstacles; |
| 2. | Urgent measures necessary for the conservation of State-registered cultural heritage; |
| 3. | Preparation of professional records on State-registered cultural heritage; |
| 4. | Other measures prescribed by Presidential Decree for the conservation and management of State-registered cultural heritage. |
| (3) | The Administrator of the Korea Heritage Service may manage and supervise the repair or construction of State-registered cultural heritage conducted under paragraph (2). <Amended on Feb. 13, 2024> |
| (4) | The owner, manager, or management agency of State-registered cultural heritage may request the Administrator of the Korea Heritage Service to provide technical and administrative support and guidance for the conservation and utilization of State-registered cultural heritage, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 13, 2024> |
| (5) | Local governments may support expenses necessary for the conservation, management, repair, etc. of a State-registered cultural heritage in its jurisdiction, which is not owned or managed by the local governments. |
| (6) | Other matters necessary to support the conservation and utilization of State-registered cultural heritage shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 29 (Disclosure of State-Registered Cultural Heritage) |
| (1) | If the owner, manager, or management agency of State-registered cultural heritage discloses the State-registered cultural heritage for the purpose of utilizing the State-registered cultural heritage, the Administrator of the Korea Heritage Service may provide administrative and financial support necessary for the disclosure. <Amended on Feb. 13, 2024> |
| (2) | If necessary to prevent damage to, or deterioration in the value of, State-registered cultural heritage, the Administrator of the Korea Heritage Service may restrict the disclosure of all or part of the relevant State-registered cultural heritage. In this case, the Administrator of the Korea Heritage Service shall hear the opinion of the owner of the relevant State-registered cultural heritage (referring to the State-registered cultural heritage management agency, if any State-registered cultural heritage management agency is designated). <Amended on Feb. 13, 2024> |
| (3) | Matters concerning the requirements, procedures, and supporting methods for disclosure under paragraph (1), the requirements and procedures for the restrictions on disclosure under paragraph (2), the lifting of restrictions on disclosure, etc. shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2024> |
| Article 30 (Collection and Reduction or Exemption of Admission Fees) |
| (1) | The owner of a State-registered cultural heritage may collect an admission fee from the viewers when the State-registered cultural heritage is disclosed: provided, if a State-registered cultural heritage management agency is designated, the State-registered cultural heritage management agency becomes the collection authority. |
| (2) | The admission fee under paragraph (1) shall be determined by the owner or the management agency of the State-registered cultural heritage. |
| (3) | Notwithstanding paragraph (1), the State or a local government may reduce or exempt the admission fee for local residents as prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism in the case of the State-registered cultural heritage managed by the State, and by ordinance in the case of the State-registered cultural heritage managed by a local government, respectively. |
| Article 31 (Special Cases concerning Building-to-Land Ratio and Floor Area Ratio of State-Registered Cultural Heritage) |
Notwithstanding Articles 77 through 79 of the National Land Planning and Utilization Act, the building-to-land ratio and the floor area ratio on the site where a building which is a State-registered cultural heritage is located may be relaxed within 150 percent of the building-to-land ratio and the floor area ratio applicable to the area of relevant use, etc. in accordance with the standards prescribed by the Presidential Decree.
| Article 32 (Special Cases concerning Related Statues and Regulations on State-Registered Cultural Heritage) |
| (1) | All or part of the following regulations may be relaxed and applied to the State-registered cultural heritage (limited to modern and contemporary real estate heritage), as prescribed by Presidential Decree: provided, subparagraphs 2, 3, and 6 shall be limited to cases where the standards or performance, etc. required by the relevant regulations can be replaced by other methods: |
| 6. | Articles 12 and 13 of the Act on Installation and Management of Firefighting Systems. |
| (2) | A person who wishes to apply for a building permit under Article 11 of the Building Act by applying the special cases under paragraph (1) shall apply for a building permit by attaching a plan for applying special cases containing the following matters: |
| 1. | Whether it is a State-registered cultural heritage; |
| 2. | Matters requesting that the standards be relaxed and applied in accordance with paragraph (1); |
| 3. | Reasons for requesting an application of special cases and expected effects; |
| 4. | Proof of performance equal to or better than the special cases of application of relaxation (limited to cases where an application of special cases under paragraph (1) 3 and 6 is requested); |
| 5. | Other matters prescribed by Ordinance of the relevant local government. |
| (3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to permit the construction of a relevant building upon receiving an application for a building permit filed under paragraph (2), he or she shall undergo deliberation by the Building Committee under Article 4 of the Building Act, and shall have a consultation with the head of the competent fire-fighting headquarters or the head of a fire station, if matters referred to in paragraph (1) 6 are relaxed and applied pursuant to paragraph (2) 4. |
CHAPTER 3 DESIGNATION OF AND SUPPORT FOR MODERN AND CONTEMPORARY CULTURAL HERITAGE
| Article 33 (Designation of Modern and Contemporary Cultural Heritage Districts) |
| (1) | If the registered cultural heritage is distributed individually or collectively and needs to be comprehensively conserved and utilized together with surrounding areas, the Administrator of the Korea Heritage Service shall, upon application by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of Si/Gun/Gu, designate a modern and contemporary cultural heritage district after deliberation by the Committee. <Amended on Feb. 13, 2024> |
| (2) | When the Administrator of the Korea Heritage Service intends to designate a modern and contemporary cultural heritage district pursuant to paragraph (1), he or she shall publicly notify the details of the designation in the official gazette, and send the copies of relevant documents to the competent Mayor/Do Governor or the head of a Si/Gun/Gu. In this case, the Mayor/Do Governor or the head of a Si/Gun/Gu shall make the copies of the relevant documents available for inspection by the public without delay. <Amended on Feb. 13, 2024> |
| (3) | Necessary matters regarding the standards and procedures for designation of a modern and contemporary cultural heritage district shall be prescribed by Presidential Decree. |
| Article 34 (Change of Zone of Modern and Contemporary Cultural Heritage Districts and Revocation of Designation) |
| (1) | If a modern and contemporary cultural heritage district falls under any of the following subparagraphs, the Administrator of the Korea Heritage Service may change the zone or cancel the designation after deliberation by the Committee: <Amended on Feb. 13, 2024> |
| 1. | If the designation of a modern and contemporary cultural heritage district is no longer necessary; |
| 2. | If the needs arise to change the area of a modern and contemporary cultural heritage district; |
| 3. | If there is a request from the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
| (2) | When the Administrator of the Korea Heritage Service changes the area of a modern or contemporary cultural heritage district or cancels the designation pursuant to paragraph (1), he or she shall publicly notify such fact in the official gazette and send a copy of the relevant documents to the competent Mayor/Do Governor or the head of a Si/Gun/Gu. In this case, the Mayor/Do Governor or the head of a Si/Gun/Gu shall make copies of the relevant documents available for inspection by the public without delay. <Amended on Feb. 13, 2024> |
| (3) | Other necessary matters for change of the zone, revocation of designation, etc. of a modern and contemporary cultural heritage district shall be prescribed by Presidential Decree. |
| Article 35 (Formulation of Plan to Utilize Modern and Contemporary Cultural Heritage Districts) |
| (1) | The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gu/Gu who has jurisdiction over a modern and contemporary cultural heritage district designated pursuant to Article 33 shall listen to the opinions of relevant local residents and formulate a utilization plan for the modern and contemporary cultural heritage district that includes the following content (hereinafter referred to as "utilization plan"): |
| 1. | Matters concerning the location, scope, area, etc. of the modern and contemporary cultural heritage districts; |
| 2. | Purpose, basic direction-setting and necessity of designation of the modern and contemporary cultural heritage districts; |
| 3. | Current status and basic survey plan of the registered cultural heritage located in modern and contemporary cultural heritage districts; |
| 4. | Matters concerning the conservation and utilization of registered cultural heritage located in the modern and contemporary cultural heritage districts; |
| 5. | Creation of landscape to maintain the modern and contemporary cultural heritage districts; |
| 6. | Financing and phased implementation plan; |
| 7. | Matters pertaining to support projects for the modern and contemporary cultural heritage districts under Article 38; |
| 8. | Other matters prescribed by Presidential Decree for the utilization of the modern and contemporary cultural heritage districts. |
| (2) | In order to conserve and revitalize the modern and contemporary cultural heritage district, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may prohibit or restrict the establishment of any of the following businesses or facilities within the relevant modern and contemporary cultural heritage district: |
| 2. | Business prescribed by Presidential Decree among food service businesses under the Food Sanitation Act; |
| 3. | Other businesses or facilities that may harm the purpose of designation of a modern and contemporary cultural heritage district, as determined by ordinance of the relevant local government. |
| (3) | Other matters concerning the formulation, implementation, and change of utilization plans shall be prescribed by Presidential Decree. |
| Article 36 (Proposal for Designation of Modern and Contemporary Cultural Heritage Districts and Formulation of Utilization Plan) |
| (1) | The residents (including stakeholders; hereinafter the same shall apply) may propose the designation of a modern and contemporary cultural heritage district and formulation of a utilization plan therefor to the relevant Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. In this case, the proposal shall include the following matters: |
| 1. | Matters concerning the location, scope, area, etc. of the modern and contemporary cultural heritage districts; |
| 2. | Purpose and necessity of designation of a modern and contemporary cultural heritage district; |
| 3. | Matters concerning the direction-setting, etc. of formulation of a utilization plan. |
| (2) | When a proposal is submitted pursuant to paragraph (1), the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gun shall notify the proposer of the processing results. |
| (3) | Other matters necessary for the designation of a modern and contemporary cultural heritage district, proposal for the formulation of a utilization plan, processing of proposals, etc. shall be determined by Presidential Decree. |
| Article 37 (Special Cases under Statues and Regulations on Buildings) |
Where a district-unit plan under Article 49 of the National Land Planning and Utilization Act (hereinafter referred to as "district unit plan") is formulated for a modern and contemporary cultural heritage district designated pursuant to Article 33, the following subparagraphs may be relaxed and applied to a building that is not a registered cultural heritage located in the relevant modern and contemporary cultural heritage district, as determined by the district unit plan within the scope prescribed by Presidential Decree:
| Article 38 (Support and Management of Modern and Contemporary Cultural Heritage Districts) |
| (1) | The Administrator of the Korea Heritage Service, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may support all or part of the expenses incurred for the following projects to support the modern and contemporary cultural heritage districts: <Amended on Feb. 13, 2024> |
| 1. | Maintenance of the surrounding area of the registered cultural heritage; |
| 2. | Improvement of parking lots and convenience facilities for local residents; |
| 3. | Maintenance of the exterior of buildings and conservation of the avenue within the modern and contemporary cultural heritage district; |
| 3. | Maintenance of the exterior of buildings and conservation of the avenue within the modern and contemporary cultural heritage districts; |
| 5. | Other projects prescribed by Presidential Decree to enhance the value of modern and contemporary cultural heritage districts. |
| (2) | In order to implement the project under paragraph (1), the following matters may be determined by ordinance of the relevant local government in consideration of local conditions: |
| 1. | Matters related to the scale, arrangement, and landscape of buildings around the modern and contemporary cultural heritage district; |
| 2. | Other matters necessary for the conservation of registered cultural heritage and the implementation of projects for creating a modern and contemporary cultural heritage district, etc. |
| (3) | Necessary matters regarding the implementation procedures, support targets, standards, etc. of the project under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER 4 REGISTRATION AND MANAGEMENT OF CITY/DO REGISTERED CULTURAL HERITAGE
| Article 39 (Registration of City/Do Registered Cultural Heritage) |
| (1) | The Mayor/Do Governor may register the modern and contemporary cultural heritage within his/her jurisdiction, which has not been registered but is deemed worth of registration as a State-registered cultural heritage under Article 6, as a City/Do registered cultural heritage after deliberation by the City/Do cultural heritage committee under Article 71 of the Act on Conservation and Utilization of Cultural Heritage. |
| (2) | The Administrator of the Korea Heritage Service may recommend the competent Mayor/Do Governor to register the modern and contemporary cultural heritage that is deemed necessary to be registered as City/Do registered cultural heritage, after deliberation by the Committee. In this case, unless there are special reasons not to do so, the Mayor/Do Governor shall go through the registration procedures for City/Do registered cultural heritage and report the results to the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2024> |
| (3) | When registering a City/Do registered cultural heritage pursuant to paragraphs (1) and (2), the name of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province shall be prefixed with "registration" so that it can be understood that the relevant the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province has registered it. |
| Article 40 (Cancellation of Registration of City/Do Registered Cultural Heritage) |
| (1) | A Mayor/Do governor may cancel the registration of a City/Do registered cultural heritage under his/her jurisdiction if it cannot be conserved and utilized due to destruction, damage, loss of value, or other special reasons specified by the ordinance, after deliberation by the City/Do Cultural Heritage Committee in accordance with Article 71 of the Act on Preservation and Utilization of Cultural Heritage. |
| Article 41 (Bearing of Expenses) |
| (1) | If a City/Do registered cultural heritage is State property or public property, expenses necessary for its conservation shall be borne by the State or the relevant local government. |
| (2) | The State or local governments may give subsidies to cover all or part of the expenses for the conservation, repair, utilization, and record preparation of City/Do registered cultural heritage that is not State property or public property. |
| (1) | If a cause falling under any of the following subparagraphs occurs, the Mayor/Do Governor shall report the purpose and details thereof to the Administrator of the Korea Heritage Service within 15 days from the date the cause occurs: <Amended on Feb. 13, 2024> |
| 1. | When a City/Do registered cultural heritage is registered or the registration thereof is canceled; |
| 2. | When the location or storage place of City/Do registered cultural heritage is changed; |
| 3. | When all or part of City/Do registered cultural heritage is destroyed, lost, stolen, or damaged. |
| (2) | If the Administrator of the Korea Heritage Service deems that the acts specified in paragraph (1) 1 and 2 are inappropriate, he or she may order correction or necessary measures. <Amended on Feb. 13, 2024> |
| Article 43 (Provisions Applicable Mutatis Mutandis) |
| (1) | With respect to the registration, management, support, cancellation of registration, etc. of City/Do registered cultural heritage, Article 6 (2), Articles 7 through 10, Articles 12, 13, and 15 through 23, 25 (3), 26, and 28 through 32 shall apply mutatis mutandis. In this case, "State-registered cultural heritage" shall be construed as "City/Do registered cultural heritage"; "Presidential Decree" and "Ordinance of the Ministry of Culture, Sports and Tourism" shall be "ordinance"; "Administrator of the Korea Heritage Service" shall be "Mayor/Do Governor"; and "management agency of the State Registered Cultural Heritage" shall be "management agency of City/Do registered cultural heritage"; and "the State" shall be construed as "local government." <Amended on Feb. 13, 2024> |
| (2) | Articles 27 and 55 shall apply mutatis mutandis to the export and ship-out of City/Do registered cultural heritage and the succession of rights and obligations. In this case, "State-registered cultural heritage" shall be construed as "City/Do registered cultural heritage"; "Administrator of the Korea Heritage Service" shall be "Mayor/Do Governor"; "Ordinance of the Ministry of Culture, Sports and Tourism" shall be "ordinance"; and "the State-registered cultural heritage management agency" shall be construed as "City/Do registered cultural heritage management agency." <Amended on Feb. 13, 2024> |
CHAPTER 5 SELECTION AND MANAGEMENT OF PRELIMINARY CULTURAL HERITAGE
| Article 44 (Selection of Preliminary Cultural Heritage) |
| (1) | The Administrator of the Korea Heritage Service may designate a modern and contemporary cultural heritage which is not a State-registered cultural heritage or a City/Do registered cultural heritage and which has been constructed, produced, or formed less than 50 years ago as a preliminary cultural heritage, if it is deemed highly promising to be a registered cultural heritage in the future. <Amended on Feb. 13, 2024> |
| (2) | In cases where the Administrator of the Korea Heritage Service selects the facilities, buildings, avenues, and landscapes that is modern and contemporary cultural heritage as a preliminary cultural heritage pursuant to paragraph (1), the Administrator of the Korea Heritage Service shall select them from among the excellent architectural assets registered pursuant to Article 10 of the Act on Value Enhancement of Hanok and Other Architectural Assets. <Amended on Feb. 13, 2024> |
| (3) | Preliminary cultural heritage shall be selected upon deliberation by the Committee and with consent of the owner: provided, in cases where it is difficult to specify the owner, the owner's consent may be omitted. |
| (4) | The Administrator of the Korea Heritage Service shall issue a certificate of selection to the owner of the selected preliminary cultural heritage. <Amended on Feb. 13, 2024> |
| (5) | The criteria and procedures for the selection of preliminary cultural heritage pursuant to paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for the issuance of a certificate of selection pursuant to paragraph (4) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 45 (Management of Preliminary Cultural Heritage) |
| (1) | The owner of preliminary cultural heritage shall fulfill the duty of care of a good manager in order to maintain the original value and function of preliminary cultural heritage. |
| (2) | The owner of preliminary cultural heritage may, if necessary for the conservation and management of the preliminary cultural heritage, appoint a manager of the relevant preliminary cultural heritage. |
| (3) | If the owner of preliminary cultural heritage is unclear or it is deemed that the owner or manager is unable to manage the preliminary cultural heritage, the Administrator of the Cultural Heritage Administration may designate a local government or a corporation or organization suitable for managing it as a preliminary cultural heritage management agency. <Amended on Feb. 13, 2024> |
| (4) | If there is an application from the owner or manager, the Administrator of the Korea Heritage Service may provide assistance with technology and education necessary for the conservation and utilization of the preliminary cultural heritage. <Amended on Feb. 13, 2024> |
| (5) | The Administrator of the Cultural Heritage Administration may conduct a fact-finding survey with the consent of the owner, manager, or management agency of the preliminary cultural heritage in order to investigate the management status of the preliminary cultural heritage, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| Article 46 (Support for Preliminary Cultural Heritage) |
| (1) | The State and local governments may provide administrative and financial support within the budget for the discovery, conservation, and utilization of preliminary cultural heritage. |
| (2) | The Administrator of the Korea Heritage Service and the Mayor/Do Governor shall record the value and status of preliminary cultural heritage and actively promote them in order to enhance the public understanding of the preliminary cultural heritage. <Amended on Feb. 13, 2024> |
| Article 47 (Cancellation of Selection of Preliminary Cultural Heritage) |
| (1) | If the preliminary cultural heritage selected pursuant to Article 44 (1) falls under any of the following subparagraphs, the Administrator of the Korea Heritage Service may cancel the selection as prescribed by Presidential Decree: <Amended on Feb. 13, 2024> |
| 1. | If false facts are included in the selection of preliminary cultural heritage; |
| 2. | When the conservation value of the preliminary cultural heritage has been lost due to damage, destruction, etc.; |
| 3. | In other cases where the Committee recognizes that there is no need for conservation. |
| (2) | If the preliminary cultural heritage falls under any of the following subparagraphs, its selection loses its effect: |
| 2. | Where it is registered as a State-registered cultural heritage or a City/Do registered cultural heritage under this Act; |
| 3. | Where 10 years have passed without being registered as a State-registered cultural heritage or a City/Do registered cultural heritage from the time when at least 50 years elapsed since the construction, production, or formation. |
| Article 48 (Request for Selection of Manager of Preliminary Cultural Heritage) |
If the preliminary cultural heritage is at risk of destruction or there are significant difficulties in conservation thereof, the owner, manager, or management agency of preliminary cultural heritage may request the Administrator of the Korea Heritage Service to entrust the selection, change, and management of the manager or management agency. <Amended on Feb. 13, 2024>
| Article 49 (Provisions Applicable Mutatis Mutandis) |
Article 7 shall apply mutatis mutandis to the public notice and notification of the selection and cancellation of selection of preliminary cultural heritage and the effective period. In this case, "State-registered cultural heritage" shall be construed as "preliminary cultural heritage."
CHAPTER 6 UTILIZATION AND SUPPORT OF MODERN AND CONTEMPORARY CULTURAL HERITAGE
| Article 50 (Preparation and Preservation of Records on Modern and Contemporary Cultural Heritage) |
| (1) | The Administrator of the Korea Heritage Service and the Mayor/Do Governor may prepare a list of modern and contemporary cultural heritage and records thereof. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service and the Mayor/Do Governor may require a person or related research institute or organization with professional knowledge of the modern and contemporary cultural heritage to prepare a list and records of modern and contemporary cultural heritage pursuant to paragraph (1). <Amended on Feb. 13, 2024> |
| (3) | If necessary for the preparation of lists and records under paragraph (1), the Administrator of the Korea Heritage Service may request the owners, managers, or related organizations, etc. of modern and contemporary cultural heritage to submit related data. <Amended on Feb. 13, 2024> |
| (4) | Other matters concerning the formulation of plans, and the methods, procedures, etc. necessary for preparing the lists and records of modern and contemporary cultural heritage shall be publicly notified by the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2024> |
| Article 51 (Support for Utilization of Modern and Contemporary Cultural Heritage) |
| (1) | The State and local governments shall formulate and actively promote policy measures necessary to promote local culture by utilizing the modern and contemporary cultural heritage. |
| (2) | The State and local governments may provide technical and financial support for the projects and activities of local residents for the utilization of modern and contemporary cultural heritage and the promotion of local culture. |
| (3) | Necessary matters such as the standards, methods and procedures for support under paragraph (2) shall be prescribed by Presidential Decree or the ordinance of a local government. |
| Article 52 (Support for Organizations and Business Entities) |
| (1) | The State or local governments may provide administrative and financial support to related organizations and business entities in order to promote the conservation, repair, maintenance and utilization of modern and contemporary cultural heritage. |
| (2) | Matters concerning the scope of organizations and business entities eligible for support under paragraph (1) and support procedures, etc. shall be prescribed by Presidential Decree. |
| Article 53 (Fostering of Professional Manpower) |
| (1) | The State and local governments may foster professional manpower for the conservation and utilization of modern and contemporary cultural heritage. |
| (2) | The State and local governments may provide necessary support to individuals, corporations, and organizations conducting the business related to the training of professional manpower in fields related to modern and contemporary cultural heritage, in order to foster professional manpower pursuant to paragraph (1). |
| Article 54 (Support for Information Exchange) |
The Administrator of the Korea Heritage Service and the heads of local governments may support the following projects to promote mutual cooperation for the efficient conservation and utilization of the modern and contemporary cultural heritage: <Amended on Feb. 13, 2024>
| 1. | Standardization of information processing, etc. related to the modern and contemporary cultural heritage; |
| 2. | Establishment of an integrated database on the modern and contemporary cultural heritage; |
| 3. | Exchange of data and information on the modern and contemporary cultural heritage; |
| 4. | Other matters related to information exchange related to the modern and contemporary cultural heritage prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 55 (Succession to Rights and Obligations) |
| (1) | When the owner of a State-registered cultural heritage is changed, the new owner shall inherit the rights and obligations of the previous owner resulting from this Act or an order, direction, or other dispositions issued by the Administrator of the Korea Heritage Service pursuant to this Act. <Amended on Feb. 13, 2024> |
| (2) | If a State-registered cultural heritage management agency is designated or the designation thereof is cancelled pursuant to Article 13 (1), paragraph (1) shall apply mutatis mutandis to the management agency and owner of the State-registered cultural heritage: provided, this shall not apply to the rights and obligations that are exclusive to the owner. |
| Article 56 (Delegation and Entrustment of Authority) |
The authority of the Administrator of the Korea Heritage Service under this Act may be delegated in part to the Mayor/Do Governor or the head of a Si/Gun/Gu as prescribed by Presidential Decree, or may be entrusted to the institutions, corporations, or organizations established for the purpose of conservation or utilization of the modern and contemporary cultural heritage. <Amended on Feb. 13, 2024>
The Administrator of the Korea Heritage Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall hold a hearing if he or she intends to revoke permission because the person who has received permission pursuant to the proviso of Article 18 (1) or Article 27 (1) violates the terms and conditions of the permission. <Amended on Feb. 13, 2024>
CHAPTER VIII PENALTY PROVISIONS
| Article 58 (Crimes of Unauthorized Export) |
| (1) | Any person who exports or takes out of the country a State-registered cultural heritage, provisional State-registered cultural heritage, or City/Do registered cultural heritage in violation of Article 27 (1) (including cases applied mutatis mutandis under Articles 11 and 43 (2)) or who fails to bring back the cultural heritage taken out in accordance with Article 27 (2) through (5) (including cases applied mutatis mutandis under Articles 11 and 43 (2)) by the due date, shall be punished by imprisonment with labor for a limited term of at least 5 years and the cultural heritage shall be confiscated. |
| (2) | Any person who transfers, acquires, or brokers cultural heritage knowing the fact or circumstances of its export or shipping-out abroad in violation of paragraph (1) shall be punished by imprisonment with labor for a limited term of at least 3 years, and the cultural heritage shall be confiscated. |
| Article 59 (Induction of False Registration) |
Any person who registers a State-registered cultural heritage or a City/Do registered cultural heritage by false or other fraudulent means shall be punished by imprisonment with labor for not more than 3 years.
| Article 60 (Crimes of Unauthorized Acts) |
| (1) | Any person who alters the status quo of the State-registered cultural heritage, provisional State-registered cultural heritage, or City/Do registered cultural heritage without permission or permission for modification in violation of Article 18 (1) (including cases applied mutatis mutandis under Articles 11 and 43 (1)) shall be subject to imprisonment with labor for up to 2 years or a fine not exceeding 20 million won. |
| (2) | If a person who has committed an act under paragraph (1) is the owner (including the lessee), the punishment under paragraph (1) may be mitigated. |
| Article 61 (Crimes of Interfering with Management Activities) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won: <Amended on Feb. 13, 2024> |
| 1. | A person who interferes with the management activities of a State-registered cultural heritage management agency or a City/Do registered cultural heritage management agency in violation of Article 13 (5) (including cases applied mutatis mutandis pursuant to Article 43 (1)) or who interferes with the management activities of an authorized manager without any justifiable reason; |
| 2. | A person who fails to comply with the instructions given pursuant to Article 20 (1) 4 (including cases applied mutatis mutandis pursuant to Article 43 (1)) without justifiable grounds; |
| 3. | A person who causes the loss or damage of the relevant cultural heritage due to gross negligence among the persons who are responsible for the conservation and management of State-registered cultural heritage, provisional State-registered cultural heritage, or City/Do registered cultural heritage; |
| 4. | A person who files or submits a false report; |
| 5. | A person who discloses a State-registered cultural heritage or a City/Do registered cultural heritage, in violation of the restrictions on disclosure by the Administrator of the Korea Heritage Service or the Mayor/Do Governor under Article 29 (2) (including cases applied mutatis mutandis pursuant to Article 43 (1)). |
| Article 62 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 1. | A person who fails to file a report under Article 16 (1) 6 (including cases applied mutatis mutandis pursuant to Article 43 (1)); |
| 2. | A person who fails to report pursuant to Article 17 (1) (including cases applied mutatis mutandis pursuant to Article 43 (1)); |
| 3. | A person who fails to comply with an order issued under Article 20 (1) 1 through 3 (including cases applied mutatis mutandis pursuant to Article 43 (1)). |
| (2) | A person who fails to file a report in accordance with Article 16 (1) 1 through 5, or subparagraphs 7 through 9 of the same paragraph (1) (including cases applied mutatis mutandis pursuant to Article 43 (1)) shall be imposed an administrative fine not exceeding 2 million won. |
| (3) | An administrative fine under paragraphs (1) and (2) shall be imposed and collected by the Administrator of the Korea Heritage Service, 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. 19702, Sep. 14, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Acts of Administrative Agencies)
With respect to the conservation, management, and utilization of registered cultural heritage as at the time this Act enters into force, which is an act performed by or against an administrative agency under the previous Act on Conservation and Utilization of Cultural Heritage, if there are any corresponding provisions in this Act, such act shall be deemed an act performed by or against an administrative agency under the relevant provisions of this Act. Article 3 (Transitional Measures concerning Registration of Registered Cultural Heritage)
Article 4 (Transitional Measures concerning Managers of Registered Cultural Heritage)
| (1) | A person appointed as a manager of State-registered cultural heritage pursuant to the previous Act on Conservation and Utilization of Cultural Heritage at the time of enforcement of this Act shall be deemed to be a manager of State-registered cultural heritage appointed pursuant to this Act. |
| (2) | A person appointed as a manager of City/Do registered cultural heritage pursuant to the previous Act on Conservation and Utilization of Cultural Heritage at the time of enforcement of this Act shall be deemed to be a manager of City/Do registered cultural heritage appointed pursuant to this Act. |
Article 5 (Transitional Measures Concerning Management Agency of Registered Cultural Heritage)
| (1) | Local governments, corporations, or organizations designated as the management agencies for State-registered cultural heritage pursuant to the previous Act on Conservation and Utilization of Cultural Heritage as at the time of enforcement of this Act shall be deemed as the management agencies for State-registered cultural heritage designated under this Act. |
| (2) | Local governments, corporations, or organizations designated as the management agencies for City/Do registered cultural heritage pursuant to the previous Act on Conservation and Utilization of Cultural Heritage shall be deemed to be the management agencies for City/Do registered cultural heritage designated under this Act. |
Article 6 (Transitional Measures concerning Revocation of Permission)
Article 7 (Transitional Measures concerning Penalties or Administrative Fines)
Article 9 (Relationship with Other Statutes or Regulations)
ADDENDA <Act No. 20309, Feb. 13, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force on May 17, 2024: the amended provisions promulgated before this Act enters into force but the enforcement date of which has yet to arrive, among the statutes amended under Article 4 of the Addenda, shall enter into force on the date of enforcement dates of respective statutes.