CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect the value of national heritage by conducting prior investigations and assessments, including forecasting, to determine whether development plans or construction project are likely to affect the preservation of buried heritage or designated heritage, thereby ensuring that the national heritage can be enjoyed by both present and future generations.
| Article 2 (Fundamental concepts) |
| (1) | Impact assessments, etc. shall be conducted through systematic surveys to ensure that historic and cultural environments are not damaged. |
| (2) | Protective and conservation measures included in impact assessments shall be prepared based on scientific or academic research and predictions, and within the scope that is economically and technically feasible. |
| (3) | Methods such as impact assessment shall ensure fairness, expertise, transparency, and objectivity in order to enhance reliability. |
| (4) | The results of impact assessments and other analyses shall be written in a concise and plain language that can be understood by local residents and decision-makers. |
The terms used in this Act shall be defined as follows:
| 8. | The term “prior impact consultation” means consultation conducted in advance to review whether a development plan under Article 7 (2) is likely to affect the preservation of buried heritage or State-designated heritage; |
| 9. | The term "impact assessment" means an assessment to determine whether the implementation of construction project under Article 9 (1) is likely to affect the preservation of buried heritage or State-designated heritage; |
| 10. | The term "simplified impact assessment" means an assessment to determine whether the implementation of construction project under Article 17 (1) is likely to affect the preservation of designated heritage; |
| 11. | The term "impact assessment, etc." means prior impact consultation, impact assessment, and simplified impact assessment. |
| Article 4 (Responsibilities of the State and local governments) |
| (1) | The State and local governments shall endeavor to protect and preserve buried heritage or the historic and cultural environment (hereinafter referred to as the "historic and cultural environment, etc.") from development plans or construction project. |
| (2) | A project operator who discovers buried heritage or damages the historic and cultural environment, etc. during construction work shall immediately suspend the construction work. |
| (3) | Citizens shall actively cooperate with national and local government policy measures aimed at protecting and preserving the value of the historic and cultural environment, etc. |
| Article 5 (Dissemination of standards for impact assessment) |
The Administrator of the Korea Heritage Service shall prepare and disseminate assessment guidelines, inspection checklists, and standards for the preparation of impact assessment reports to enhance the objectivity and predictability of impact assessments, etc. <Amended on Feb. 13, 2024>
| Article 6 (Relationship to other statutes) |
Except as otherwise provided in other statutes with respect to impact assessments, etc., this Act shall apply.
CHAPTER II PRIOR IMPACT CONSULTATIONS
| Article 7 (Subjects and timing of prior impact consultations) |
| (1) | The head of an administrative agency that intends to formulate a development plan (hereinafter referred to as the "head of the planning agency") shall request a prior impact consultation with the Administrator of the Korea Heritage Service before finalizing the plan, if the plan falls under any of the following subparagraphs, and the same shall also apply where the plan is to be modified; provided, this shall not apply to modifications of any minor matters prescribed by Presidential Decree: <Amended on Feb. 13, 2024> |
| 1. | Where the development plan site includes a historic and cultural environment preservation zone; |
| 2. | Where the development plan site includes an area of buried heritage. |
| 3. | In other cases where verification of buried heritage is necessary, as prescribed by Presidential Decree. |
| (2) | The specific types of development plans subject to prior impact consultation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Procedures for prior impact consultation) |
| (1) | In cases of conducting a prior impact consultation, the Administrator of the Korea Heritage Service shall examine the following matters: <Amended on Feb. 13, 2024> |
| 1. | The nature, location, and scale of the relevant development plan; |
| 2. | The current status of any historic and cultural environment preservation zones within the development plan site and the necessity of protective measures; |
| 3. | The current status of the area of buried heritage within the development plan site and the necessity of preservation measures. |
| (2) | Where, as a result of the examination under paragraph (1), the relevant plan falls under any of the following subparagraphs, the Administrator of the Korea Heritage Service may request the head of the planning agency to reexamine the development plan: <Amended on Feb. 13, 2024> |
| 1. | Where it has substantial impacts on the preservation of State-designated heritage; |
| 2. | Where it has substantial impacts on the preservation of buried heritage; |
| 3. | In other cases prescribed by Presidential Decree, where modifications of the development plan are necessary for the protection of the historic and cultural environment, etc. |
| (3) | Matters related to the procedures, standards, etc. for consultations under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
CHAPTER III IMPACT ASSESSMENTS
| Article 9 (Subjects and timing of impact assessments) |
| (1) | The implementer of a construction project shall conduct an impact assessment before the completion of the project plan if the relevant construction project falls under any of the following subparagraphs, and the same shall apply in cases of revising the plan for the construction project; provided, this shall not apply to modifications of any minor matters prescribed by the Presidential Decree: |
| 1. | Construction projects of a scale prescribed by Presidential Decree; |
| 2. | Construction projects carried out in the area of buried heritage; |
| 3. | Other cases prescribed by Presidential Decree, where construction projects are likely to affect the protection and preservation of national heritage. |
| (2) | The detailed timing for conducting an impact assessment under paragraph (1) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| Article 10 (Procedures for impact assessment) |
| (1) | Impact assessment shall be conducted by the National Heritage Impact Assessment Agency referred to in Article 20 (hereinafter referred to as "assessment agency") at the request of the implementer of a construction project. |
| (2) | The costs incurred in impact assessment shall be borne by the implementer of the relevant construction project; provided, the State and local governments may fully or partially subsidize the construction project prescribed by Presidential Decree in consideration of the scale, nature, etc. of construction project, within budgetary limits. |
| (3) | Detailed matters regarding the methods, procedures, etc. for impact assessments shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| Article 11 (Submission and examination of assessment reports) |
| (1) | Where the implementer of a construction project conducts an impact assessment under Article 9 (1), the implementer shall submit a report on the results thereof (hereinafter referred to as the "assessment report") to the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") and to the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2024> |
| (2) | An assessment report under paragraph (1) shall include the following matters: |
| 1. | Whether the area of the construction project includes a historic and cultural environment preservation zone of designated heritage or an area that is presumed to contain buried heritage; |
| 2. | Whether the construction project is likely to affect the preservation of State-designated heritage and burial heritage; |
| 3. | Where the act under subparagraph 2 is likely to affect the preservation of State-designated heritage or buried heritage, the following measures necessary to preserve the historic and cultural environment, etc.: |
| a. | Measures to eliminate or mitigate the impacts of the construction project on the preservation of State-designated heritage; |
| b. | Measures to eliminate or mitigate impacts on the preservation of buried heritage within the construction site; |
| 4. | Other matters prescribed by Presidential Decree for the protection of historic and cultural environments. |
| (3) | Upon receipt of an assessment report under paragraph (1), the Administrator of the Korea Heritage Service shall examine the appropriateness of the assessment report. In such cases, if necessary, the Administrator may seek opinions from an institution prescribed by Presidential Decree that possesses the expertise required for reviewing the appropriateness of the assessment report, or from relevant experts, or may request an on-site inspection. <Amended on Feb. 13, 2024> |
| (4) | Matters necessary for the preparation of an assessment report under paragraph (2) and the examination of the appropriateness under paragraph (3) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| Article 12 (Supplementation and return of assessment reports) |
| (1) | Where, as a result of reviewing an assessment report, the Administrator of the Korea Heritage Service finds that the protective measures for the historic and cultural environment of State-designated heritage or the preservation measures for buried heritage are inappropriate, or where any other reasons prescribed by Presidential Decree exists, the Administrator may request the head of a Si/Gun/Gu or the implementer of the construction project to supplement the assessment report. In such cases, the request for supplementation may be made only twice. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service may return an assessment report in any of the following cases: <Amended on Feb. 13, 2024> |
| 1. | Where a false assessment report is prepared; |
| 2. | Where, despite a request for supplementation under paragraph (1), the assessment report is deemed to be inadequately prepared, such as where important information requested is omitted, making it impossible to proceed with the examination. |
| Article 13 (Notification of examination results of assessment reports) |
| (1) | The Administrator of the Korea Heritage Service shall notify the head of a Si/Gun/Gu and the implementer of a construction project of the results of examination of the assessment report under Article 11 (3) within a period prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (2) | The implementer of a construction project notified of the results of examination under paragraph (1) shall take necessary measures and report the results thereof to the head of a Si/Gun/Gu and the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2024> |
| (3) | Necessary matters regarding the details of the results of examination under paragraphs (1) and (2) and the procedures therefor shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| Article 14 (Obligations of implementers of construction projects according to examination results) |
| (1) | If the implementer of a construction project is notified of the results of the examination under Article 13 (1), the implementer shall not carry out the construction project in the relevant area until preservation measures necessary for the protection of the historic and cultural environment, etc. are completed. |
| (2) | Where the head of a Si/Gun/Gu is notified of the results of examination under Article 13 (1) and the implementer of the construction project carries out the construction project before completing such measures, the head of a Si/Gun/Gu shall order the suspension of the construction project. |
| Article 15 (Deemed permission) |
| Article 16 (Inspection of implementation and actions) |
| (1) | The Administrator of the Korea Heritage Service or the head of a Si/Gun/Gu shall inspect the implementation progress regarding the results of examination under Article 13. <Amended on Feb. 13, 2024> |
| (2) | Where the Administrator of the Korea Heritage Service or the head of a Si/Gun/Gu finds any violation of the matters notified under Article 13 (1) as a result of the inspection of implementation progress under paragraph (1), he or she may order the relevant implementer of construction project to take necessary measures, such as reinstatement. <Amended on Feb. 13, 2024> |
| (3) | Where a person who has been issued an order for measures under paragraph (2) fails to reinstate, etc., the Administrator of the Korea Heritage Service or the head of a Si/Gun/Gu may vicariously execute it in accordance with the Administrative Vicarious Execution Act. <Amended on Feb. 13, 2024> |
| (4) | Objects, timing, and methods of an inspection under paragraph (1) and matters necessary for orders to take measures under paragraph (2) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
CHAPTER IV SIMPLIFIED IMPACT ASSESSMENT
| Article 17 (Subjects of simplified impact assessment) |
| (1) | Where a construction project performed in the historic and cultural environment preservation zone is not subject to an impact assessment under Article 9, the head of a Si/Gun/Gu shall conduct a simplified impact assessment, and the same shall also apply where it is intend to modify the plan for a construction project; provided, the simplified impact assessment may be omitted for a construction project conducted within the scope of the standard of conduct in a region where the specific standard of conduct is publicly notified in accordance with Article 13 (5) of the Act on Conservation and Utilization of Cultural Heritage and Article 10 (4) of the Act on Conservation and Utilization of Natural Heritage. |
| (2) | Matters necessary for the subjects, timing, procedures, etc. of a simplified impact assessment under paragraph (1) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| Article 18 (Determination on simplified impact assessment) |
| (2) | Where it is determined under paragraph (1) that the implementation of the construction project requires permission under Article 35 (1) 2 of the Act on Conservation and Utilization of Cultural Heritage (including cases applied mutatis mutandis under Article 74 of that Act) and Article 17 (1) 4 of the Act on Conservation and Utilization of Natural Heritage (including cases applied mutatis mutandis under Article 42 of that Act), the implementer of the construction project shall be guided to obtain permission from the Administrator of the Korea Heritage Service or from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"). <Amended on Feb. 13, 2024> |
| (3) | The head of a Si/Gun/Gu shall record and manage the results of the determination on the simplified impact assessment under paragraph (1) and submit the details of the determination results to the Administrator of the Korea Heritage Service or the Mayor/Do Governor as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 13, 2024> |
| (4) | Detailed matters regarding the determination on simplified impact assessment under paragraph (1) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| Article 19 (Vicarious execution of simplified impact assessment) |
The head of a Si/Gun/Gu may request an assessment agency under Article 20 to conduct a simplified impact assessment vicariously.
CHAPTER V NATIONAL HERITAGE IMPACT ASSESSMENT AGENCY
| Article 20 (National Heritage Impact Assessment Agency) |
| Article 21 (Compliance requirements for preparation of assessment reports) |
The assessment agency and the implementer of the construction project subject to impact assessment shall comply with the following items as prescribed by Presidential Decree when preparing or submitting the assessment report:
| 1. | The contents of any other assessment report shall not be reproduced or plagiarized; |
| 2. | The assessment report shall not be prepared falsely or inadequately; |
| 3. | They shall not allow any other assessment agency or a person other than an assessment agency to prepare an assessment report on their behalf; |
| 4. | They shall not require a person to violate the provisions of subparagraphs 1 through 3. |
| Article 22 (Criteria for calculating expenses for proxy impact assessment) |
The Administrator of the Korea Heritage Service shall determine and publicly notify the standards for calculating expenses required when conducting an impact assessment by proxy. <Amended on Feb. 13, 2024>
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 23 (Research and investigations) |
The Administrator of the Korea Heritage Service may support research and investigations on the following matters in order to enhance the expertise and credibility of impact assessment, etc.: <Amended on Feb. 13, 2024>
| 1. | Development of assessment standards, methods, indicators, etc. necessary for impact assessment, etc.; |
| 2. | Development of impact assessment techniques, etc.; |
| 3. | Analysis of effects of impact assessment, etc.; |
| 4. | Other matters necessary for the efficient operation of the system, such as impact assessment. |
| Article 24 (Designation of training institutions for professionals) |
| (1) | The Administrator of the Korea Heritage Service Administration may designate a relevant institution or organization as a training institution for professional human resources as prescribed by Presidential Decree, in order to enhance the expertise and strengthen the competitiveness of human resources conducting impact assessment affairs, etc. <Amended on Feb. 13, 2024> |
| (2) | A training institution for professional human resources shall carry out the following business: |
| 1. | Analyzing the supply and demand of specialized personnel and training human resources; |
| 2. | Development and operation of assessment techniques and educational programs for assessment; |
| 3. | Cooperation with academia, industrial enterprises, and public institutions to train specialized human resources; |
| 4. | Other projects necessary to train and educate professional human resources related to impact assessment, etc. |
| (3) | Where a training institution for professional human resources falls under any of the following subparagraphs, the Administrator of the Korea Heritage Service may revoke its designation or order it to suspend its business for a fixed period not exceeding 6 months, as prescribed by Decree of the Ministry of Culture, Sports and Tourism; provided, in cases falling under subparagraph 1, the designation shall be revoked: <Amended on Feb. 13, 2024> |
| 1. | If the institution is designated by fraud or other improper means; |
| 2. | If it no longer meets the designation criteria under paragraph (4); |
| 3. | Where it fails to commence or delays the training of professional human resources without good cause; |
| 4. | Where the institution fails to provide education and training for professional human resources for at least 1 year without good cause. |
| (4) | Matters necessary for the criteria for designating the training institutions for professionals and the detailed criteria, procedures, etc. for dispositions under paragraph (3) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| Article 25 (Delegation and entrustment of authority) |
| (1) | The authority of the Administrator of the Korea Heritage Service bestowed under this Act may be partially delegated to the Mayor/Do Governor or the head of an affiliated agency as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service may entrust affairs related to impact assessment, etc. to a corporation performing relevant projects, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| Article 26 (Duty of confidentiality) |
No current or former business operator of a development plan or construction projects subject to an impact assessment, etc., executive officers or employees of an assessment agency, or current or former executive officers or employees of a relevant specialized institution who have participated in the process of reviewing the assessment report shall divulge confidential information acquired in the course of performing their duties in connection with an impact assessment, etc., to any third party, or make fraudulent use of such confidential information.
Where the Administrator of the Korea Heritage Service intends to revoke the designation of a training institution for professional human resources under Article 24, he or she shall hold a hearing. <Amended on Feb. 13, 2024>
| Article 28 (Legal fiction as public officials in application of penalty provisions) |
Executive officers and employees of a corporation entrusted with affairs related to impact assessment, etc. by the Administrator of the Korea Heritage Service under Article 25 (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act. <Amended on Feb. 13, 2024>
| Article 29 (Penalty provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won: |
| 1. | A person who reproduces or plagiarizes the contents of other assessment reports, in violation of subparagraph 1 of Article 21; |
| 2. | A person who has falsely completed an assessment report in violation of subparagraph 2 of Article 21; |
| 3. | A person who allows another assessment institution or a person other than an assessment institution to prepare an assessment report on their behalf, in violation of subparagraph 3 of Article 21; |
| 4. | A person who demands others to violate any provision of subparagraphs 1 through 3 of Article 21, in violation of subparagraph 4 of that Article. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won: |
| 1. | A person who fails to take measures under Article 13 (2) without good cause; |
| 2. | A person who violates an order to suspend construction under article 14 (2) without good cause. |
| (3) | Any person who divulges or misappropriates secrets in violation of Article 26 shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won. |
| Article 30 (Joint penalty provisions) |
If the representative of a corporation or an agent, an employee, or any other servant of the corporation or an individual commits an offense under Article 29 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions; provided, this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such offense.
| Article 31 (Administrative fines) |
| (1) | Each of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | Any person who fails to submit, or submits falsely, an assessment report in violation of Article 11 (1); |
| 2. | A person who has falsely completed an assessment report in violation of subparagraph 2 of Article 21. |
| (2) | The administrative fines under paragraph (1) 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. 20284, Feb. 13, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Transitional measures concerning development plans subject to prior impact consultation)
If, at the time of the enforcement of this Act, a development plan subject to prior impact consultation is in the progress of consultations by the relevant ministries under individual statutes such as the Act on the Planning and Utilization of National Land, the procedure for such consultations shall be as prescribed by such statutes, notwithstanding Article 8. Article 3 (Transitional measures concerning surface surveys and consultations on areas of buried heritage)
With respect to surface surveys or consultations on buried heritage sites in progress under the Act on Protection and Inspection of Buried Heritage at the time this Act enters into force, the previous Act on Protection and Inspection of Buried Heritage shall apply until the completion of the surface survey or consultation on the area of buried heritage.
Article 4 (Transitional measures concerning impact assessment on historic and cultural environment preservation zones)
Article 5 (Transitional measures concerning conduct of administrative agencies)
As at the time this Act enters into force, any act performed by or addressed to an administrative agency regarding the protection of historic and cultural environment preservation zones or the protection or investigation of buried heritage under the former Act on Conservation and Utilization of Cultural Heritage, the former Act on Conservation and Utilization of Natural Heritage, or the former Act on Protection and Investigation of Buried Heritage shall be deemed an act performed by or addressed to an administrative agency under this Act if provisions corresponding thereto exist in this Act. Article 6 (Transitional measures concerning penalty provisions)
ADDENDA <Act No. 20309, Feb. 13, 2024>
Article 1 (Enforcement date)
This Act shall enter into force on May 17, 2024; provided, 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 enforcement date of respective statutes.