ENFORCEMENT DECREE OF THE ACT ON PROTECTION AND INVESTIGATION OF BURIED HERITAGE
Presidential Decree No. 22649, Jan. 28, 2011
Amended by Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23994, Jul. 26, 2012
Presidential Decree No. 25916, Dec. 30, 2014
Presidential Decree No. 26458, Aug. 3, 2015
Presidential Decree No. 26754, Dec. 22, 2015
Presidential Decree No. 26774, Dec. 30, 2015
Presidential Decree No. 27212, Jun. 8, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 27584, Nov. 15, 2016
Presidential Decree No. 28151, Jun. 27, 2017
Presidential Decree No. 28471, Dec. 12, 2017
Presidential Decree No. 29406, Dec. 24, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 30060, Aug. 27, 2019
Presidential Decree No. 30531, Mar. 17, 2020
Presidential Decree No. 30704, May 26, 2020
Presidential Decree No. 31139, Nov. 3, 2020
Presidential Decree No. 31516, Mar. 2, 2021
Presidential Decree No. 31716, Jun. 1, 2021
Presidential Decree No. 32485, Feb. 22, 2022
Presidential Decree No. 32806, Jul. 19, 2022
Presidential Decree No. 33321, Mar. 7, 2023
Presidential Decree No. 33749, Sep. 26, 2023
Presidential Decree No. 34161, Jan. 23, 2024
Presidential Decree No. 34533, May 28, 2024
Presidential Decree No. 34828, Aug. 13, 2024
Presidential Decree No. 35264, Feb. 13, 2025
Presidential Decree No. 35382, Mar. 12, 2025
Presidential Decree No. 35396, Mar. 25, 2025
Presidential Decree No. 35678, Jul. 29, 2025
CHAPTER I GENERAL PROVISIONS
| Article 2 (Definition of buried heritage) |
[Title Amended on May. 7, 2024]
| Article 3 (Scope of areas of buried heritage) |
| (1) | Areas in which any buried heritage is deemed to exist (hereinafter referred to as "areas of buried heritage") under Article 4 of the Act are as follows: <Amended on Dec. 30, 2014; May 26, 2020; May 7, 2024; Aug. 13, 2024; Feb. 13, 2025> |
| 1. | An area indicated in the cultural relic distribution maps drawn by the State and local governments to contain any buried heritage; |
| 1-2. | An area indicated as where buried heritage exists on a report on the ground surface survey that is submitted under Article 5-3 (1) of this Decree and deemed by the Administrator of the Korea Heritage Service as appropriately prepared, among the reports on the ground surface survey results under Article 6-2 (1) of the Act (hereinafter referred to as "ground surface survey by the State, etc.") (hereinafter referred to as "ground surface survey report"); |
| 3. | An area where any buried heritage excavated therefrom is preserved under Article 14 of the Act; |
| 4. | An area where any buried heritage is deemed to exist after the discovery report and verification procedure conducted under Article 17 of the Act; |
| 5-2. | An area where natural monuments under subparagraph 2 of Article 2 of the Act on Conservation and Utilization of Natural Heritage, scenic spots under subparagraph 3 of that Article, City/Do natural heritage under subparagraph 4 of that Article, and natural monuments or scenic spots provisionally designated pursuant to Article 16 of the same Act are located; |
| 7. | Areas where buried heritage remains under any subparagraph of Article 13 (1) of the Act. |
| (2) | The Administrator of the Korea Heritage Service shall regularly maintain and manage information on the location of an area of buried heritage by electronic means, and publish such information on the website, etc. of the Korea Heritage Service. <Amended on May. 7, 2024; Feb. 13, 2025> |
| (3) | The head of each local government may present his or her opinions on the appropriateness of an area of buried heritage under paragraph (1), current topographical conditions of such area, etc. to the Administrator of the Korea Heritage Service. <Amended on May 7, 2024> |
| (4) | Matters necessary for a method for describing information in detail on the location of an area of buried heritage, disclosure of additional information on such area, etc. shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024> |
[Title Amended on May. 7, 2024]
CHAPTER II GROUND SURFACE SURVEY OF BURIED HERITAGE
| Article 4 Deleted. <Feb. 13, 2025> |
| Article 5 Deleted. <Feb. 13, 2025> |
| Article 5-2 (Methods and procedures for ground surface survey by the State, etc.) |
| (1) | The head of a central administrative agency or the head of a local government who intends to conduct a ground surface survey by the State, etc. shall notify the Administrator of the Korea Heritage Service in advance. <Amended on May 7, 2024; Feb. 13, 2025> |
| (2) | Where the head of a local government intends to conduct a ground surface survey by the State, etc., for an area outside his or her jurisdiction, he or she shall pre-consult with the head of a local government having jurisdiction over the relevant area. |
| (3) | Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the methods, procedures, etc. for conducting a ground surface survey by the State, etc. shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2025> |
| (4) | Deleted. <Feb. 13, 2025> |
| (5) | Deleted. <Feb. 13, 2025> |
[This Article Added on Jul. 19, 2022]
[Title Amended on Feb. 13, 2025]
| Article 5-3 (Submission of ground surface survey report) |
| (1) | The head of a central administrative agency or the head of a local government who has conducted a ground surface survey by the State, etc. shall submit a report on the ground surface survey to the Administrator of the Korea Heritage Service within 20 days from the date he or she completes the survey. |
| (2) | A report on the results of a ground surface survey under paragraph (1) shall include the following matters: |
| 1. | Results of literature survey on the history, archeology, folklore, geology, and natural environment of the relevant investigation area; |
| 2. | Results of the on-site survey on the areas where relics and remains are distributed within the relevant investigation area, and on the folklore, ancient buildings (including modern buildings), geology, natural environment, etc. of the relevant investigation area; |
| 3. | Opinions of the buried heritage investigation agencies under Article 24 of the Act (hereinafter referred to as the "investigation agency") that conducted the survey. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the preparation, submission, etc. of ground surface survey reports shall be determined and publicly notified by the Administrator of the Korea Heritage Service. |
[This Article Added on Feb. 13, 2025]
| Article 5-4 (Review of ground surface survey report) |
| (1) | The Administrator of the Korea Heritage Service may, in order to review whether a ground surface survey report has been properly prepared pursuant to Article 9 (1) of the Act, hear opinions of experts related to buried heritage or conduct an on-site survey; in such cases, the expert on the buried heritage refers to a person who has obtained a degree related to the excavation, investigation, etc. of buried heritage and falls under any of the following subparagraphs: |
| 1. | A person who serves as the head of an investigation team, responsible inspector, or inspector at an investigation agency; |
| 3. | A curatorial research officer or a curatorial researcher who holds office in any of the following institutions: |
| (b) | National Research Institute of Cultural Heritage or National Research Institute of Maritime Heritage; |
| 4. | A member or an expert member of any of the following committees: |
| (b) | The Natural Heritage Committee established under Article 7-2 of the Act on Conservation and Utilization of Natural Heritage (hereinafter referred to as the "Natural Heritage Committee") or the City/Do Committee on Natural Heritage established under Article 41-2 of the same Act (hereinafter referred to as the "City/Do Natural Heritage Committee"). |
| (2) | The Administrator of the Korea Heritage Service may request the head of a local government having jurisdiction over the relevant area subject to the ground surface survey to submit his or her opinions on the ground surface survey report, if necessary for reviewing whether the ground surface survey report has been properly prepared under Article 9 (1) of the Act. There is. In such cases, the head of the relevant local government shall submit his or her opinions to the Administrator of the Korea Heritage Service within 7 days from the date he or she receives the request. |
| (3) | The Administrator of the Korea Heritage Service shall notify an institution that has submitted the ground surface survey report and the head of the competent local government of the results of review of the ground surface survey report, within 30 days from the date of receipt of the ground surface survey report under Article 7 (2) of the Act. |
| (4) | The Administrator of the Korea Heritage Service may disclose a report on the results of a ground surface survey with the consent of the head of a central administrative agency or the head of a local government who has conducted such ground surface survey. |
[This Article Added on Feb. 13, 2025]
| Article 6 Deleted. <Feb. 13, 2025> |
| Article 7 (Protection of buried heritage areas) |
If the existence of buried heritage is confirmed as a result of a ground surface survey under Article 9 (2) of the Act, the Administrator of the Korea Heritage Service and the head of the competent local government shall publicly announce the fact that the relevant area subject to the ground surface survey is designated a buried heritage site on the website of the Korea Heritage Service and the relevant local government, respectively. [This Article Wholly Amended on Feb. 13, 2025]
CHAPTER III EXCAVATION AND INVESTIGATION OF BURIED HERITAGE
| Article 8 (Methods for permitting excavation) |
| (1) | The Administrator of the Korea Heritage Service shall determine whether to grant an excavation permit for any of the following projects that are specified in the subparagraphs of Article 11 (1) of the Act, after deliberation by the Cultural Heritage Committee or the Natural Heritage Committee: <Amended on Aug. 3, 2015; May. 7, 2024; Feb. 13, 2025> |
| 1-2. | Construction works carried out over natural monuments under subparagraph 2 of Article 2 of the Act on Conservation and Utilization of Natural Heritage, scenic spots under subparagraph 3 of that Article, City/Do natural heritage under subparagraph 4 of that Article, and in the protection zones under subparagraph 7 of that Article; |
| 2. | A project where impartiality in conducting the relevant affairs is likely to be impaired in view of the relationship between an investigation agency and a person who intends to obtain an excavation permit in relation to investment, etc.; |
| 3. | A project where excavation takes at least 200 days; |
| 4. | If excavation period, excavation costs, or human resources participating in excavation significantly fall short of the service pricing standards determined by the Administrator of the Korea Heritage Service under Article 27 of the Act, thereby increasing the likelihood of poor performance in the excavation and investigation (referring to detailed excavation survey, trial excavation survey, and sample survey; hereinafter the same shall apply) of buried heritage. |
| (2) | Where it is inevitable to excavate buried heritage due to the high risk of destruction, the implementer of the relevant construction works shall obtain an excavation permit from the Administrator of the Korea Heritage Service in accordance with Article 11 (1) 3 of the Act. <Amended on May 7, 2024> |
| (3) | When the Administrator of the Korea Heritage Service grants an excavation permit under Article 11 of the Act, he or she shall give notice of details thereof simultaneously to both the applicant and the head of a local government having jurisdiction over the relevant project site. <Amended on May 7, 2024> |
| Article 9 (Revocation of permission) |
| (1) | Where the Administrator of the Korea Heritage Service grants an excavation permit under the proviso, with the exception of the subparagraphs, of Article 11 (1) or Article 11 (2) of the Act, he or she may attach additional clauses as necessary for accomplishing the purpose of permission, such as the time of effectuation of the permission following the acquisition of rights to the relevant land. <Amended on May 7, 2024> |
| (2) | If the implementer of construction works to whom an excavation permit has been granted under the proviso, with the exception of the subparagraphs, of Article 11 (1), or Article 11 (2) of the Act breaches any term or condition of the permission (including additional clauses) or any requirement with which the implementer shall comply in excavation or violates any instruction, the Administrator of the Korea Heritage Service may revoke the permission. <Amended on May 7, 2024> |
| (3) | Deleted. <Aug. 13, 2024> |
| (4) | If the occurrence of any of the following events makes it impossible to continue the excavation of buried heritage, the Administrator of the Korea Heritage Service may issue an order to discontinue or suspend excavation for a period specified in Article 11 (2) of the Act: <Amended on May 7, 2024> |
| 1. | Where any academically important relic or remain is excavated; |
| 2. | Where the investigation agency changes or reduces human resources of the excavation and investigation team during excavation and investigation. |
| (5) | If the head of a local government having jurisdiction over the relevant project site becomes aware of a breach or a violation referred to in paragraph (2) or the occurrence of any of the events referred to in paragraph (4), he or she may request the Administrator of the Korea Heritage Service to discontinue or suspend excavation or revoke the permission. <Amended on May 7, 2024> |
| (6) | When the Administrator of the Korea Heritage Service issues an order to discontinue or suspend excavation or revokes an excavation permit, he or she shall notify the head of a local government having jurisdiction over the relevant project site thereof. <Amended on May 7, 2024> |
| Article 10 (Scope of construction works eligible for subsidization for expenses of excavation) |
"Construction works prescribed by Presidential Decree" in the proviso of Article 11 (3) of the Act means the following construction works; provided, construction works implemented by the State, a local government, a public institution under the Act on the Management of Public Institutions, a local public enterprise under the Local Public Enterprises Act, a corporation with a capital at least 1/2 of which has been invested by a local government-funded public corporation under the Local Public Enterprises Act within the scope by which such public corporation is permitted to invest under Article 47-2 of the Enforcement Decree of the same Act, the Korean Broadcasting System under the Broadcasting Act, or the Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act shall be excluded herefrom: <Amended on Dec. 22, 2015; Aug. 11, 2016; Dec. 24, 2018; Mar. 17, 2020; May 7, 2024; Aug. 13, 2024> | 1. | Construction works for a detached house under subparagraph 1 of Appendix 1 of the Enforcement Decree of the Building Act, where the area of the building site does not exceed 792 square meters; provided, construction works implemented by a housing construction business operator registered under Article 4 (1) of the Housing Act shall be excluded herefrom; |
| 3. | Construction works for a structure installed by a sole proprietor in order to utilize it for his or her business purposes, where the total floor area of the building does not exceed 264 square meters, while the area of the building site does not exceed 792 square meters; |
| 5. | Other construction works publicly notified by the Administrator of the Korea Heritage Service as deemed necessary to subsidize the excavation of buried heritage. |
| Article 10-2 (Changes to excavation permits) |
"Important matters prescribed by Presidential Decree" in Article 11 (4) of the Act means the following matters. <Amended on Feb. 13, 2025> | 3. | Types of excavation survey of buried heritage. |
[This Article Added on Nov. 3, 2020]
| Article 11 (Application for excavation permit and restriction thereon) |
| (1) | Upon receipt of an application for an excavation permit under Article 12 (1) of the Act, the head of a local government shall present his or her opinion to the Administrator of the Korea Heritage Service as to whether excavation is necessary, the extent of excavation, measures for preservation appropriate for conditions of the site, etc. within seven days. <Amended on Aug. 3, 2015; May 7, 2024> |
| (2) | The period during which it is possible to restrict on granting an excavation permit pursuant to Article 12 (3) of the Act to a person who intends to obtain a permit for excavating buried heritage pursuant to paragraph (1) of that Article shall be as specified in Appendix 2. <Amended on Aug. 27, 2019; May 7, 2024> |
| Article 11-2 (Examination of excavation sites) |
| (1) | Examinations of an excavation site under Article 12-3 (2) of the Act shall be conducted for the following matters: |
| 1. | Matters relating to human resources, facilities, and equipment for the excavation and investigation; |
| 2. | Matters relating to safety management at the excavation site; |
| 3. | Other matters relating to the implementation of the terms and conditions of the excavation permit. |
| (2) | A public official who examines an excavation site under Article 12-3 (2) of the Act shall carry identification verifying his or her authority and present it to relevant persons. |
| (3) | The Administrator of the Korea Heritage Service may request a person who has obtained an excavation permit under Article 12-3 (2) of the Act or a buried heritage investigation agency under Article 24 of the Act to submit data regarding matters under the subparagraphs of paragraph (1). In such cases, the data shall be submitted in writing within a specified period. <Amended on May 7, 2024> |
[This Article Added on Nov. 3, 2020]
| Article 12 (Procedure for excavation of buried heritage by the State) |
| (1) | Pursuant to Article 13 (3) of the Act, the Administrator of the Korea Heritage Service shall pre-notify the owner, manager, or occupant of an area of buried heritage of the purpose and method of excavation, the timing for commencement of excavation, the excavation period, etc., at least 2 weeks before the excavation is commenced. <Amended on May 7, 2024> |
| (2) | Upon receipt of notice under paragraph (1), the owner, manager, or occupant of an area of buried heritage may present his or her opinion on the excavation to the Administrator of the Korea Heritage Service. <Amended on May 7, 2024> |
| (3) | If the Administrator of the Korea Heritage Service finds that an opinion presented by the owner, manager, or occupant of an area of buried heritage under paragraph (2) is reasonable, he or she shall reflect the opinion in the excavation of buried heritage. <Amended on May 7, 2024> |
| (4) | The Administrator of the Korea Heritage Service shall install a signboard announcing the excavation purpose, the investigation agency, the excavation period, etc. at the excavation site referred to in Article 13 (1) or (2) of the Act. <Amended on May 7, 2024> |
[Title Amended on May. 7, 2024]
| Article 13 (Reporting of completion of excavation) |
Upon completion of the excavation under Article 12 of the Act, the person to whom the excavation permit has been granted under Article 11 of the Act shall notify the state of excavated relics, opinions on the investigation, etc., simultaneously to the head of the local government having jurisdiction over the relevant project site and the Administrator of the Korea Heritage Service within 20 days from the date of completion; provided, the person may request the Administrator of the Korea Heritage Service to extend the period for reporting, if the person has a justifiable reason, such as excavation of a large amount of relics. <Amended on Jun. 8, 2016; May 7, 2024> [Title Amended on Jun. 8, 2016]
| Article 14 (Assessment of measures taken to preserve excavated, buried heritage) |
| (1) | In order to issue an instruction to take measures for the on-site preservation, preservation by relocation, or preservation of records with respect to an excavated cultural asset pursuant to Article 14 (1) of the Act, the Administrator of the Korea Heritage Service shall assess the following factors: <Amended on May 7, 2024> |
| 1. | Value of buried heritage: Historical value, contemporary characteristics, scarcity, and local characteristics of the buried heritage; |
| 2. | State of preservation of the buried heritage: the state of preservation of the inside, outside, and surroundings of the buried heritage; |
| 3. | Utilization of the buried heritage: Accessibility to, and usability of, the buried heritage, harmony with surrounding landscape, and connectivity with surrounding tourism resources; |
| 4. | Interests adversely affected by measures for preservation: Public and private interests adversely affected by measures for preserving the buried heritage. |
| (2) | When a person who has been instructed to take measures for on-site preservation or preservation by relocation under Article 14 (1) of the Act intends to report the results of the measures taken for such preservation pursuant to Article 14 (3) of the Act, the person shall submit a report on the results in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with the following materials: |
| 1. | Documents about the completion of works; |
| 3. | Photos of the site where measures for preservation have been taken; |
| 4. | A future management plan. |
[This Article Wholly Amended on Jun. 27, 2017]
[Title Amended on May. 7, 2024]
| Article 14-2 (Public notice of conservation measures for buried heritage) |
| (1) | When the Administrator of the Korea Heritage Service issues an instruction to take preservation measures under Article 14 (1) 1 or 2 of the Act, he or she shall publicly notify the following matters in the Official Gazette: <Amended on Jun. 8, 2016; Jun. 27, 2017; May 7, 2024> |
| 1. | The name of the buried heritage for which he or she instructs to take preservation measures; |
| 2. | The area or quantity of the buried heritage for which he or she instructs to take preservation measures; |
| 3. | The location or storage place of the buried heritage for which he or she instructs to take preservation measures. |
| (2) | If a person instructed to take preservation measures under Article 14 (1) of the Act is not the owner or manager of the excavated buried heritage, the Administrator of the Korea Heritage Service shall notify the owner or manager of the excavated buried heritage that he or she has instructed to take preservation measures. <Amended on Jun. 27, 2017; May 7, 2024> |
[This Article Added on Aug. 3, 2015]
[Title Amended on May. 7, 2024]
| Article 14-3 (Cancellation of preservation measures) |
If the buried heritage, for which the Administrator of the Korea Heritage Service instructed to take preservation measures under Article 14 of the Act, loses its value or it is deemed unnecessary to take measures for preservation of such buried heritage according to the appraisal results, the Administrator of the Korea Heritage Service may cancel the preservation measures, after deliberation by the Cultural Heritage Committee. <Amended on Jun. 27, 2017; May 7, 2024> [This Article Added on Aug. 3, 2015]
| Article 14-4 (Report on excavated materials) |
| (1) | "Historical and academic data prescribed by Presidential Decree, such as human bones and mummies" in Article 14-2 (1) of the Act means any of the following materials, which have the value of research and preservation in light of the background of excavation, remaining conditions and rarity (hereafter in this Article referred to as "excavated materials"): |
| 1. | Human materials, such as human bones and mummies; |
| (2) | Where a person who has obtained an excavation permit pursuant to Article 11 of the Act makes a report under Article 14-2 (1) of the Act, he or she shall submit a document including the following matters to the Administrator of the Korea Heritage Service: <Amended on May 7, 2024> |
| 1. | Background of the excavation; |
| 2. | Data concerning the current status of the excavated materials including photographs; |
| 3. | The remaining conditions and the rarity of the excavated materials; |
| 4. | Necessity for the research and preservation of the excavated materials; |
| 5. | The written opinion of the investigation agency (limited to cases where a person who has obtained an excavation permit is different from the investigation agency which directly performs the excavation). |
| (3) | "Important data prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 14-2 (2) of the Act means any of the following data (hereinafter referred to as "important excavated data"): |
| 1. | Data useful for presuming the culture, life, environment, etc. of the time; |
| 2. | Data highly useful for exhibitions, education, etc. through restoration and preservation. |
| (4) | Relevant experts from whom the Administrator of the Korea Heritage Service can receive advice pursuant to Article 14-2 (4) of the Act shall be the following persons who hold a master's or higher degree in the fields related to excavated materials, such as medical science, anthropology, animal and botany, etc.: <Amended on May 7, 2024; Aug. 13, 2024; Feb. 13, 2025> |
| 2. | A senior curator or a curator working for an agency referred to in each item of Article 5-4 (1) 3; |
| 3. | A member or expert member of the Cultural Heritage Committee, City/Do Cultural Heritage Committee, Natural Heritage Committee, or City/Do Natural Heritage Committee. |
| 4. | A person who has worked in the relevant field for at least 10 years after obtaining a master's degree or higher in a field related to excavated materials, such as medicine, anthropology, or fauna and flora. |
[This Article Added on Jul. 19, 2022]
| Article 14-5 (Designation of specialized institution for important excavated data) |
| (1) | The Administrator of the Korea Heritage Service may designate any of the following institutions deemed to have outstanding research and preservation capabilities in terms of important excavated data as a specialized institution for important excavated data under Article 14-2 (5) of the Act (hereinafter referred to as "specialized institution for important excavated data"): <Amended on May 7, 2024> |
| 1. | An investigation agency; |
| (2) | Where a specialized institution for important excavated data has been designated by fraud or other improper means, the Administrator of the Korea Heritage Service may revoke its designation. <Amended on May 7, 2024> |
| (3) | A specialized institution for important excavated data may destroy important excavated data in any of the following cases. In such cases, the specialized institution for important excavated data shall inform the Administrator of the Korea Heritage Service of the fact: <Amended on May 7, 2024> |
| 1. | Where the relevant data are no longer needed for research and preservation due to corrosion, decomposition, etc.; |
| 2. | Where the relevant data no longer need to be used for exhibition, education, etc. through restoration and preservation. |
[This Article Added on Jul. 19, 2022]
| Article 14-6 (Subjects and scope of subsidization for expenses incurred by conservation measures) |
| 1. | Construction works for a detached house under subparagraph 1 of Appendix 1 of the Enforcement Decree of the Building Act, where the area of the building site does not exceed 792 square meters; provided, construction works implemented by a housing construction business operator registered under Article 4 (1) of the Housing Act shall be excluded herefrom; |
| 3. | Construction works for a structure installed by a sole proprietor in order to utilize it for his or her business purposes, where the total floor area of the building does not exceed 264 square meters, while the area of the building site does not exceed 792 square meters; |
| 5. | Other construction works that are supported by the local government and prescribed by Municipal Ordinance of the local government. |
| (2) | The State or local governments may subsidize the relevant person to cover all or part of the expenses incurred in implementing the following measures within budget under Article 14-3 (1) of the Act: <Amended on Mar. 25, 2025> |
| 1. | Preservation measures, such as pile-up of soil and planting of grass to protect remains; |
| 2. | Dismantling, transporting, and re-installation of remains; |
| 3. | Survey, design, or installation of facilities such as protective fences and information boards to implement measures under subparagraph 1 or 2. |
| 4. | Other construction works that are supported by the local government and prescribed by Municipal Ordinance of the local government with respect to the implementation of preservation measures. |
[This Article Added on Aug. 13, 2024]
| Article 15 (Submission of excavation and investigation reports) |
| (1) | A person to whom an excavation permit has been granted under Article 11 of the Act (referring to an institution that directly carries out excavation, if the person to whom such permission has been granted is not the investigation agency that directly inspects the buried heritage; the same shall apply hereafter in this paragraph) shall submit a report on the outcomes of excavation (hereinafter referred to as "excavation and investigation report") to the Administrator of the Korea Heritage Service. In such cases, if the person to whom an excavation permit has been granted agrees, the Administrator of the Korea Heritage Service may receive electronic files additionally. <Amended on May 7, 2024> |
| (2) | Matters to be included in excavation and investigation reports under paragraph (1) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| (3) | The Administrator of the Korea Heritage Service may disclose the excavation and investigation report and electronic files submitted under paragraph (1) to the public, if a person who has rights to such works agrees on disclosure. <Amended on May 7, 2024> |
| Article 16 (Methods for permission for changes in status quo of buried heritage) |
Articles 8 through 10, Articles 10-2, 11, 11-2, and 12 through 14, 14-2 through 14-5 and 15 shall apply mutatis mutandis to the methods, procedures, etc. of permission for alteration of the status of buried heritage under Article 16 of the Act. In such cases, "excavation" shall be construed as "change of the status quo," and "excavation permit" as "permission to change the status quo." <Amended on May 7, 2024> [Title Amended on May. 7, 2024]
CHAPTER IV HANDLING OF BURIED HERITAGE REPORTED ON DISCOVERY
| Article 17 (Reporting of discovery) |
| (1) | A report on discovery under Article 17 of the Act shall be filed in person or by telephone or any other means of communications within 30 days from the date of discovery of buried heritage. <Amended on May 7, 2024; May 28, 2024> |
| (2) | Reports under paragraph (1) may be filed to any of the following authorities. In such cases, a report shall be deemed filed to the Administrator of the Korea Heritage Service pursuant to Article 17 of the Act on the date the report is filed with the relevant authority: <Amended on Aug. 27, 2019; May 7, 2024> |
| 1. | The chief of the police station having jurisdiction over the place where buried heritage was discovered or the Governor of Jeju Special Self-Governing Province in which a municipal police unit has been established; |
| 2. | A Special Self-Governing City Mayor or the head of a Si/Gun/Gu having jurisdiction over the place where buried heritage was discovered (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply). |
| (3) | Upon receipt of a report of discovery under paragraph (2), the relevant authority shall give notice of the discovery to the Administrator of the Korea Heritage Service without delay, along with the required documents specified by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024> |
| (4) | Upon receipt of a report of discovery under paragraph (2), a Special Self-Governing City Mayor or the head of a Si/Gun/Gu shall notify the chief of the competent police station of the discovery immediately. In such cases, if he or she has been presented with buried heritage by the person who reported the discovery, the buried heritage shall be transferred to the chief of the competent police station. <Amended on Aug. 27, 2019; May 7, 2024> |
| Article 18 (Procedure for ascertainment of ownership of cultural heritage reported discovered) |
| (1) | Any person who wishes to have his or her ownership of national heritage ascertained under Article 20 (1) of the Act shall file an application for ascertainment of ownership with the Administrator of the Korea Heritage Service, along with materials evidencing that the applicant is the owner of national heritage, within 90 days after the public notice given under Article 18 (2) or 19 (1) of the Act. <Amended on May 7, 2024> |
| (2) | Upon receipt of an application for ascertainment of ownership under paragraph (1), the Administrator of the Korea Heritage Service shall determine whether such ownership exists, within 60 days after the lapse of 90 days from the date the public notice is given under Article 18 (2) or 19 (1) of the Act. In such cases, the Administrator of the Korea Heritage Service shall hear opinions from the relevant national heritage experts, legal experts, stakeholders, and related institutions. <Amended on Dec. 30, 2014; May 7, 2024> |
[Title Amended on May. 7, 2024]
| Article 19 (Scope of State attribution of discovered and notified national heritage) |
Where any national heritage is found to have no legitimate owner as a result of the procedure to ascertain ownership under Article 20 of the Act, and needs to be preserved directly by the State because of its great historical, artistic, or academic value, it shall revert to the State. <Amended on Aug. 3, 2015; May 7, 2024> [Title Amended on May. 7, 2024]
| Article 20 (Formulation of regulations on management of cultural heritage reverted to State) |
| (1) | The Administrator of the Korea Heritage Service shall prepare management regulations stipulating matters concerning the preservation, management, display, utilization, lending, etc. of national heritage reverted to the State pursuant to Article 20 of the Act. <Amended on May 7, 2024> |
| (2) | The following persons shall, in consultation with the Administrator of the Korea Heritage Service, prepare management regulations stipulating matters concerning the preservation, management, display, utilization, lending, etc. of national heritage reverted to the State pursuant to Article 20 of the Act: <Amended on May 7, 2024> |
| 1. | The management authorities under the proviso of Article 62 (1) of the Act on the Conservation and Utilization of Cultural Heritage (including cases applied mutatis mutandis pursuant to Article 63 of the Act on Conservation and Utilization of Natural Heritage); |
[Title Amended on May. 7, 2024]
| Article 21 (Lease of national heritage reverted to State) |
| (1) | The Administrator of the Korea Heritage Service, the management authority under Article 20 (2), a local government, or non-profit corporation, or incorporated non-profit organization may lease national heritage reverted to the State under Article 20 of the Act to educational research institutions and museums, upon receipt of an application for lease of national heritage under any of the following subparagraphs: <Amended on May 7, 2024> |
| 1. | If required as training material; |
| 2. | Where it is necessary for research and investigation; |
| 3. | Where it is necessary for the exhibition, etc. of national heritage. |
| (2) | Where national heritage reverted to the State is leased pursuant to paragraph (1), the period shall not exceed one year; provided, the rental period may be extended in special circumstances. <Amended on May 7, 2024> |
[Title Amended on May. 7, 2024]
| Article 22 (Disposal of national heritage not subject to reversion to State) |
| (1) | If the Administrator of the Korea Heritage Service finds, as a result of the procedure to ascertain the ownership of national heritage under Article 20 of the Act, that no legitimate owner exists and that national heritage is not subject to reversion to the State under Article 19, he or she may allow such national heritage to be used for educational or academic purposes or to be stored in a certain place. <Amended on May 7, 2024> |
| (2) | Specific matters concerning the method of disposing of national heritage under paragraph (1) shall be prescribed by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024> |
[Title Amended on May. 7, 2024]
| Article 23 (Rewards for reported discovery of national heritage) |
| (1) | Where the Administrator of the Korea Heritage Service pays apportioned compensation under the latter part of or the proviso of Article 21 (1) of the Act, he or she shall preferentially pay those who discovered or acquired national heritage an amount equivalent to the expenses incurred in discovering or acquiring it, and then equally apportion the remaining compensation to those who discovered or acquired national heritage and those who owned the land or structure, etc., in which national heritage was discovered. <Amended on May 7, 2024> |
| (2) | The detailed standards for payment of compensation to be paid pursuant to Article 21 (1) of the Act may be determined and publicly notified by the Administrator of the Korea Heritage Service. <Added on Aug. 13, 2024> |
| (3) | The guidelines for the payment of rewards under Article 21 (3) of the Act are as specified in Appendix 3. <Amended on Aug. 13, 2024> |
[Title Amended on May. 7, 2024]
| Article 24 (Procedures for paying compensation and rewards) |
| (1) | When the Administrator of the Korea Heritage Service determines the amount of compensation or reward under Article 21 (1) or (3) of the Act, he or she shall notify the person entitled to the payment of the compensation or reward thereof. <Amended on May 7, 2024> |
| (2) | A person notified of the amount of compensation or reward payable under paragraph (1) shall submit a written claim for the payment of the compensation or reward to the Administrator of the Korea Heritage Service through the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu. <Amended on Aug. 27, 2019; May 7, 2024> |
| (3) | If at least two persons intend to file a claim for compensation or reward under paragraph (2), they shall jointly sign the claim. If such persons have agreed on the amount to be apportioned to each person out of the compensation or reward payable, the document stating such agreement shall be attached to the written claim. |
[Title Amended on Aug. 27, 2019]
| Article 25 (Public announcement of buried heritage) |
If national heritage is discovered or excavated under Article 22 of the Act, the Administrator of the Korea Heritage Service shall publicly announce such discovery or excavation in its bulletin board, website, etc. for 14 days, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024> [Title Amended on May. 7, 2024]
| Article 26 (Ascertainment of ownership of national heritage discovered or excavated from investigation of national heritage and reversion to the State) |
| (1) | Articles 18 through 22 shall apply mutatis mutandis to the scope of national heritage subject to reversion to the State under Article 23 of the Act, the management of national heritage reverted to the State, etc. In such cases, the term "national heritage reported discovered" shall be construed as "national heritage discovered or excavated as a result of national heritage investigations." <Amended on May 7, 2024> |
| (2) | Except as provided in paragraph (1), further necessary details of the procedure, etc. for the ascertainment of the ownership of national heritage under Article 23 of the Act and the reversion of such national heritage to the State shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024> |
[Title Amended on May. 7, 2024]
CHAPTER V BURIED HERITAGE INVESTIGATION AGENCY
| Article 27 (Revocation of registration and suspension of business of investigation agencies) |
| (1) | The standards for dispositions of revocation of registration and suspension of business against an investigation agency under Article 25 (1) of the Act shall be as provided in Appendix 4. <Amended on Jul. 29, 2025> |
| (2) | The period of restriction on the registration of an investigation agency under Article 25 (2) of the Act is as specified in Appendix 5. |
| (3) | When the Administrator of the Korea Heritage Service takes action to revoke registration or suspend business operations under Article 25 (1) of the Act, he or she shall make a public announcement thereof through its web-site, etc. <Amended on May 7, 2024> |
[Title Amended on Jul. 29, 2025]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 27-2 (Guidance to and supervision of investigation agencies) |
The Administrator of the Korea Heritage Service may request an investigation agency to submit the following data pursuant to Article 25-2 (1) of the Act: <Amended on May 7, 2024> | 1. | Data relating to the registration of investigation agencies under Article 24 (2) of the Act; |
| 2. | Data from which investigation agencies can verify whether a case constitutes grounds for revocation of registration or suspension of duties under any subparagraph of Article 25 (1) of the Act. |
[This Article Added on Nov. 3, 2020]
| Article 27-3 (Education for investigation personnel) |
| (1) | The investigation personnel at an investigation agency shall receive education on the following matters provided by the Administrator of the Korea Heritage Service pursuant to Article 25-3 (1) of the Act: <Amended on May 7, 2024> |
| 1. | Education regarding methods for preventing and responding to accidents at a site where the excavation and investigation of buried heritage takes place; |
| 2. | Education regarding required knowledge for personnel in charge of inspecting buried heritage; |
| 3. | Training for the improvement of specialized skills in the field of excavation and investigation. |
| (2) | Notwithstanding paragraph (1), if an investigation agent of an investigation agency has received safety and health education for workers under Article 29 of the Occupational Safety and Health Act, he or she shall be deemed to have received education under paragraph (1) 1. <Added on Aug. 13, 2024> |
| (3) | Matters necessary for training under the subparagraphs of paragraph (1) shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024; Aug. 13, 2024> |
[This Article Added on Nov. 3, 2020]
| Article 28 (Methods for purchasing land) |
| (1) | "A corporation prescribed by Presidential Decree" in the proviso of Article 26 (1) of the Act means any of the following corporations: |
| 3. | A corporation with a capital at least one half of which has been invested by a local government-funded public corporation under the Local Public Enterprises Act within the scope by which such public corporation is permitted to invest under Article 47-2 of the Enforcement Decree of that Act; |
| (2) | Land, etc. to be purchased under Article 26 (1) of the Act shall be as follows: <Added on Jun. 1, 2021> |
| 1. | Land for which an on-site preservation measure (hereinafter referred to as "land to be preserved on site") is taken under Article 14 (1) 1 of the Act; |
| 2. | Land adjacent to the land to be preserved on site, which meets all of the following requirements: |
| (a) | The land shall be owned by the owner of the land to be preserved on site; |
| (b) | The land to be preserved on site shall fall under any of the following cases where it is purchased pursuant to Article 26 (1) of the Act: |
| (i) | A site at which it is impossible or substantially impracticable to construct a building because the area of the site is too small to be used as a building site or is in an irregular shape; |
| (ii) | A farmland where farming is virtually impracticable because the remaining land is too narrow and long for agricultural machines to enter or turn around or is in an irregular shape. |
[Title Amended on Jun. 1, 2021]
| Article 29 (Public notification of standards for price of buried heritage survey services) |
When the Administrator of the Korea Heritage Service determines the standards for pricing services for the ground surface survey or the excavation and investigation of buried heritage under Article 27 of the Act, he or she shall publicly notify the standards through the Official Gazette. <Amended on May 7, 2024> [Title Amended on May. 7, 2024]
| Article 30 (Maintenance and management of records of buried heritage) |
Pursuant to Article 28 of the Act, the Administrator of the Korea Heritage Service shall constantly maintain and manage records of buried heritage by electronic means. <Amended on May 7, 2024> [Title Amended on May. 7, 2024]
| Article 31 (Measures to protect buried heritage) |
| (1) | If it is necessary to protect an area under which buried heritage lies, in any of the following cases, the State may subsidize the relevant local government for the expenses incurred in investigation under Article 28 of the Act: <Amended on May 7, 2024> |
| 1. | Excavation and investigation of buried heritage highly likely to be destroyed by flood, landslide, illegal mining, discovery of relics, or any similar cause; |
| 2. | Investigation of buried heritage in need of maintenance for protection and management; |
| (2) | When a local government takes appropriate measures for protecting an area under which buried heritage lies, the State may partially subsidize such local government for the expenses incurred therein under Article 28 of the Act, within budgetary limits. <Amended on May 7, 2024> |
[Title Amended on May. 7, 2024]
| Article 32 (Delegation and entrustment of authority) |
| (1) | Pursuant to Article 29 (1) of the Act, the Administrator of the Korea Heritage Service shall delegate his or her authority over the following matters to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, or Special Self-Governing Province Governor: <Amended on Aug. 3, 2015; Aug. 27, 2019; Mar. 17, 2020; Sep. 26, 2023; May 7, 2024> |
| 1. | Deleted; <Feb. 13, 2025> |
| 2. | Deleted; <Feb. 13, 2025> |
| 3. | Public announcement of discovered or excavated national heritage under Article 22 of the Act. |
| (2) | The Administrator of the Korea Heritage Service shall delegate the following authority to the President of the National Research Institute of Cultural Heritage pursuant to Article 29 (1) of the Act: <Amended on Jul. 19, 2022; Sep. 26, 2023; May 7, 2024; May 14, 2024> |
| 1. | Measures for research and preservation of important excavated materials under Article 14-2 (2) of the Act; |
| 2. | Evaluation of an excavation report and request for evaluation by specialized institutions under Article 15 (3) of the Act. |
| (3) | Pursuant to Article 29 (1) of the Act, the Administrator of the Korea Heritage Service may delegate his or her authority over the appraisal, notification, and return under Article 19 (2) of the Act to the President of the National Palace Museum of Korea, the President of the National Research Institute of Cultural Heritage, and the President of the National Research Institute of Maritime Heritage. <Amended on Feb. 22, 2022; Jul. 19, 2022; May 14, 2024> |
| (4) | Pursuant to Article 29 (2) of the Act, the Administrator of the Korea Heritage Service may entrust the following business affairs to a corporation incorporated under Article 32 of the Civil Act to engage in the business related to such business affairs: <Amended on Jul. 19, 2022; May 7, 2024> |
| 1. | Publicizing the outcomes of the investigation and excavation of buried heritage; |
| 2. | Publicizing the importance of protecting buried heritage; |
| 3. | Publishing research outcomes on buried heritage; |
| 4. | Training human resources specialized in buried heritage; |
| 5. | Other matters related to the investigation, excavation, and protection of buried heritage. |
| Article 33 (Processing personally identifiable information) |
If inevitable to handle the following administrative affairs, the Administrator of the Korea Heritage Service, Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may process materials including resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on May 7, 2024> | 1. | Administrative affairs concerning the payment of compensation and rewards for national heritage, the discovery of which is reported pursuant to Article 21 of the Act; |
| 2. | Administrative affairs concerning the registration of investigation agencies of buried heritage prescribed in Article 24 of the Act. |
[This Article Added on Aug. 27, 2019]
| Article 34 Deleted. <Mar. 12, 2025> |
| Article 35 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 38 (1) of the Act shall be specified in Appendix 6. [This Article Added on Nov. 3, 2020]
ADDENDUM <Presidential Decree No. 22649, Jan. 28, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on February 5, 2011.
Article 2 (Applicability to projects subject to ground surface survey)
Article 4 (1) 4 (c) and (d) shall begin to apply from the first case where the head of a local government finds it necessary to conduct a ground surface survey after this Decree enters into force. Article 3 (Applicability to submission of opinions on ground surface survey reports)
Article 5 (3) shall begin to apply from the first ground surface survey report submitted to the head of a local government after this Decree enters into force. Article 4 (Applicability to notification of excavation completion)
Article 13 shall begin to apply from the first case for which an application for an excavation permit is filed after this Decree enters into force. Article 5 (Applicability to discovery reports)
Article 17 (4) shall begin to apply from the first case where a discovery is reported after this Decree enters into force. Article 6 (Transitional measure concerning administrative agency responsible for storage and management)
The administrative agency which has been responsible for storing and managing the cultural heritage reverted to the State under the former Cultural Heritage Protection Act before this Decree enters into force shall continue to store and manage such cultural heritage reverted to the State under the former Cultural Heritage Protection Act even after this Decree enters into force. Article 8 (Relationship to other statutes)
Where the previous Enforcement Decree of the Act on Cultural Heritage Maintenance or the provisions thereof are cited by other statutes or regulations as at the time this Decree enters into force, and where this Decree includes provisions corresponding thereto, this Decree or relevant provisions of this Decree shall be deemed to be cited in lieu of the previous Enforcement Decree of the Act on Cultural Heritage Maintenance or the provisions thereof.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 23994, Jul. 26, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25916, Dec. 30, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 5 (5) shall enter into force on January 29, 2015. Article 2 (Applicability to hearing of opinions from experts in buried cultural heritage)
The amended provisions of the latter part of Article 6 (5) shall begin to apply from the first case where opinions are sought from experts in buried heritage after this Decree enters into force. Article 3 (Applicability to process for ascertaining ownership)
The amended provisions of the former and latter parts of Article 18 (2) shall also apply to cases where the process for ascertaining ownership is pending as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 26458, Aug. 3, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to public notification of measures for preservation)
The amended provisions of Article 14-2 shall begin to apply from the first case where an instruction is given to take measures for preservation under Article 14 (1) after this Decree enters into force. Article 3 (Transitional measure concerning submission of opinions)
| (1) | Notwithstanding the amended provisions of Article 5 (3), the former provisions shall apply where a ground surface survey report has been submitted under Article 5 (1) before this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of Article 11 (1), the former provisions shall apply where an application for the excavation permit has been filed under Article 12 (1) of the Act before this Decree enters into force. |
Article 4 (Transitional measure concerning delegation of authority)
Notwithstanding the amended provisions of Article 32 (1) 2, the former provisions shall apply where the process for issuing an order to take measures necessary for the conservation of cultural heritage is pending as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on December 23, 2015.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27212, Jun. 8, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measure concerning procedure for taking measures to preserve cultural heritage)
Notwithstanding the amended provisions of Article 7 (2) 3, former provisions shall apply to the construction works regarding which a ground surface survey report has been submitted to the Administrator of the Korea Heritage Service pursuant to Article 7 (2) of the Act before this Decree enters into force.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on August 12, 2016.
ADDENDUM <Presidential Decree No. 27584, Nov. 15, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28151, Jun. 27, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on September 22, 2017.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2018.
ADDENDA <Presidential Decree No. 29406, Dec. 24, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2019.
Article 2 (Transitional measures concerning subsidization of expenses for excavating buried cultural heritage)
Notwithstanding the amended provisions of Article 10, construction works which have obtained a permit for excavating buried heritage as at the time this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30060, Aug. 27, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to change of period for restricting on granting excavation permit)
The amended provisions of Appendix 2 shall also apply where a disposition restricting an excavation permit for buried cultural heritage is imposed on an application for such excavation permit filed at the time this Decree enters into force; provided, where the application of the amended provisions of Appendix 2 is disadvantageous to an applicant for an excavation permit for buried cultural heritage, the former provisions shall apply.
ADDENDA <Presidential Decree No. 30531, Mar. 17, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning subsidization of expenses of ground surface survey for buried cultural heritage)
Notwithstanding the amended provisions of Article 5 (5), the previous provisions shall apply to the construction works regarding which a ground surface survey for buried heritage under Article 7 (1) of the Act is under way as at the time this Decree enters into force. Article 3 (Transitional measures concerning delegation of authority)
Notwithstanding the amended provisions of Article 32 (1) 1, the previous provisions shall apply where the construction works on which consultation is underway under Article 8 (1) of the Act as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 30704, May 26, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on May 27, 2020.
ADDENDUM <Presidential Decree No. 31139, Nov. 3, 2020>
This Decree shall enter into force on November 27, 2020.
ADDENDUM <Presidential Decree No. 31516, Mar. 2, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31716, Jun. 1, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on June 9, 2021.
Article 2 (Applicability to purchase of land adjacent to land to be preserved on site)
The amended provisions of Article 28 (2) 2 shall not apply to land adjacent to land to be preserved on site the purchase of which is completed before this Decree enters into force.
ADDENDA <Presidential Decree No. 32485, Feb. 22, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32806, Jul. 19, 2022>
This Decree shall enter into force on July 19, 2022.
ADDENDUM <Presidential Decree No. 33321, Mar. 7, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33749, Sep. 26, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 32 (2) 2 shall enter into force on January 1, 2024. Article 2 (Transitional measures concerning delegation of authority)
Notwithstanding the amended provisions of Article 32 (1) 1, the previous provisions shall apply to the consultation on construction works and the order to take measures where the Administrator of the Korea Heritage Service has requested consultation with the Administrator of the Korea Heritage Service pursuant to Article 8 (1) of the Act before this Decree enters into force.
ADDENDUM <Presidential Decree No. 34161, Jan. 23, 2024>
This Decree shall enter into force on February 9, 2024.
ADDENDA <Presidential Decree No. 34491, May 7, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.
Article 3 (Relationship to other statutes or regulations)
Where the Presidential Decree of the Act on Protection and Investigation of Buried Cultural Heritage or its provisions are cited in other statutes or regulations at the time of enforcement of this Decree, this Decree or the relevant provisions of this Decree shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 34505, May 14, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.
ADDENDA <Presidential Decree No. 34533, May 28, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 34828, Aug. 13, 2024>
This Decree shall enter into force on August 14, 2024.
ADDENDUM <Presidential Decree No. 35264, Feb. 13, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on February 14, 2025.
Article 2 (Transitional measures regarding scope of buried heritage sites)
A site recognized as having burial heritage under the former provisions of Article 3 (1) 2 as at the time this Decree enters into force shall be deemed a site recognized as having burial heritage under the amended provisions of Article 3 (1) 2.
ADDENDUM <Presidential Decree No. 35382, Mar. 12, 2025>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 35396, Mar. 25, 2025>
This Decree shall enter into force one year after the date of its promulgation.
ADDENDUM <Presidential Decree No. 35678, Jul. 29, 2025>
This Decree shall enter into force on August 1, 2025.