CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to maintain and accede to the original form of national culture by preserving buried heritage and to efficiently protect, investigate, and manage buried heritage. <Amended on Aug. 8, 2023>
The term "buried heritage" in this Act means the following: <Amended on Aug. 8, 2023; Sep. 14, 2023>
| 1. | Cultural heritage buried or distributed underground or underwater; |
| 2. | Cultural heritage buried on the site of structures, etc.; |
| 3. | Natural caves and fossils formed and deposited on the ground surface, underground or underwater (including seas, lakes and rivers), etc. and other objects deemed to have outstanding geological values under Presidential Decree. |
| Article 3 (Scope of cultural heritage buried or distributed underwater) |
"Cultural heritage buried or distributed underwater" in subparagraph 1 of Article 2 means any of the following: <Amended on Mar. 21, 2017; Aug. 8, 2023> | 2. | Cultural heritage originated from the Republic of Korea, which exists in open seas. |
[Title Amended on Aug. 8, 2023]
| Article 4 (Protection of area where buried heritage exists) |
An area in which buried heritage is recognized to exist as prescribed by Presidential Decree (hereinafter referred to as "area where buried heritage exists") shall be protected so that the original integrity is not damaged, and no one shall investigate or excavate an area where buried heritage exists without being in compliance with this Act. <Amended on Aug. 8, 2023>
[Title Amended on Aug. 8, 2023]
| Article 5 (Responsibility of persons planning or implementing development projects) |
| (1) | A person who intends to plan and implement a development project, such as the State, local governments, etc., shall ensure no damage to buried heritage. <Amended on Aug. 8, 2023> |
| (2) | If the implementer of a development project prescribed in paragraph (1) discovers buried heritage in the course of conducting a construction work, he or she shall immediately cease the relevant construction work. <Amended on Aug. 8, 2023> |
| Article 5-2 (Relationship to other statutes) |
| (1) | Except as provided in other Acts, the protection and investigation of buried heritage shall be governed by this Act. |
| (2) | The Act on the National Heritage Impact Assessment shall preferentially apply to the protection of buried heritage resulting from the implementation of a development plan or construction works. |
[This Article Added on Feb. 13, 2024]
CHAPTER II GROUND SURFACE SURVEY OF BURIED HERITAGE
| Article 6 Deleted. <Feb. 13, 2024> |
| Article 6-2 (Ground surface survey of buried heritage by the State) |
| (1) | The State or a local government may conduct a ground surface survey of buried heritage (hereinafter referred to as "ground surface survey") in order to investigate whether the national heritage is buried or distributed. <Amended on Feb. 13, 2024> |
| (2) | A ground surface survey under paragraph (1) shall be conducted by a buried heritage investigation agency under Article 24. <Amended on Aug. 8, 2023> |
| (3) | Matters necessary for the methods, procedures, etc. for ground surface surveys under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 18, 2022]
[Title Amended on Feb. 13, 2024]
| Article 7 (Submission of reports on ground surface survey) |
| (1) | Deleted. <Feb. 13, 2024> |
| (2) | The State or a local government, upon completing the ground surface survey in accordance with Article 6-2 (1), shall submit a report on the results of the survey (hereinafter referred to as the "ground surface survey report") to the Administrator of the Korea Heritage Service as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (3) | Deleted. <Feb. 13, 2024> |
| (4) | Deleted. <Feb. 13, 2024> |
[Title Amended on Feb. 13, 2024]
| Article 8 Deleted. <Feb. 13, 2024> |
| Article 9 (Protection of area where buried heritage exists based on ground surface survey) |
| (1) | The Administrator of the Korea Heritage Service Administration who received the surface survey report pursuant to Article 7 shall review whether the surface survey report is properly prepared, and notify the results of the review to the agency that submitted the surface survey report and the head of the competent local government. <Amended on Feb. 13, 2024> |
| (2) | Where the existence of buried heritage is verified as a result of the surface survey, the Administrator of the Korea Heritage Service and the head of the competent local government shall protect the relevant area as the area where buried heritage exists under Article 4. <Amended on Feb. 13, 2024> |
| (3) | Matters necessary for the review of the surface survey report under paragraphs (1) and (2), the notification of the results, and the protection, etc. of the area where buried heritage exists shall be prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
[Title Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024]
| Article 10 Deleted. <Feb. 13, 2024> |
CHAPTER III EXCAVATION AND INVESTIGATION OF BURIED HERITAGE
| Article 11 (Excavation permit for buried heritage) |
| (1) | An area where buried heritage exists shall not be excavated; provided, in any of the following cases and where permit is granted by the Administrator of the Korea Heritage Service as prescribed by Presidential Decree, such area may be excavated: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Where such area is excavated for a research purpose; |
| 2. | Where such area is excavated for a project aimed at maintaining relics; |
| 3. | Where excavation is necessary for civil engineering works, changes in the form and quality of land, or other construction works as prescribed by Presidential Decree; |
| 4. | Where there is an urgent need to excavate relics in danger of loss, damage, etc.; |
| (2) | Where the Administrator of the Korea Heritage Service is to grant excavation permit as prescribed in the proviso of paragraph (1), he or she may determine the details of permit or give directions for necessary matters; and where the Administrator of the Korea Heritage Service has granted permit, he or she may issue an order to suspend or cease excavation or may revoke such permit, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (3) | Where an area where buried heritage exists is excavated, expenses therefor shall be borne by a person who is granted excavation permit for the relevant cultural heritage in the case of paragraph (1) 1, 2 and 4, and by the implementer of the relevant construction works in the case of subparagraph 3 of that paragraph; provided, in the case of excavation expenses incurred in construction works prescribed by Presidential Decree, the State or local governments may give support within budgetary limits. <Amended on Aug. 8, 2023> |
| (4) | Where a person who obtains excavation permit pursuant to the proviso of paragraph (1) intends to change any important matters prescribed by Presidential Decree among the permitted matters, he or she shall obtain a modification permit from the Administrator of the Korea Heritage Service. <Added on Nov. 26, 2019; Feb. 13, 2024> |
| (5) | Matters necessary for the methods, procedures, etc. for an excavation shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on Nov. 26, 2011; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 12 (Application for excavation permit) |
| (1) | A person who intends to obtain permit for excavating buried heritage under Article 11 shall submit a written application for excavation permit, stating an investigation agency for buried heritage that will directly carry out an excavation under Article 24, the representative thereof, the head of an investigation group, and an investigation agent in charge, etc. along with the required documents, to the head of a local government having jurisdiction over the project area and the Administrator of the Korea Heritage Service. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service shall notify the applicant of whether to grant permit, or the reason for any delay in processing, within 10 days from the date of receipt of an application for excavation permit for buried heritage prescribed in paragraph (1); provided, where undergoing deliberation by the Cultural Heritage Committee prescribed in Article 8 of the Act on Conservation and Utilization of Natural Heritage, he or she shall notify the applicant of whether to grant permit, or the reason for any delay in processing, within 7 days from the date such deliberation is completed. <Added on Dec. 24, 2018; Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where an application submitted under paragraph (1) includes an investigation agency whose registration has been revoked or whose business has been suspended pursuant to Article 25 (1), or includes a representative, head of an investigation team, or responsible investigator directly related thereto, the Administrator of the Korea Heritage Service may restrict the granting of excavation permits as prescribed by Presidential Decree. <Amended on Dec. 24, 2018; Feb. 13, 2024> |
| (4) | Matters necessary for an application for excavation permit and required documents prescribed in paragraph (1), the scope of duties of human resources participating in the excavation, etc. shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 24, 2018> |
| Article 12-2 (Reporting on commencement and completion of excavation of buried heritage) |
| (1) | Where a person who obtains excavation permit under Article 11 (hereinafter referred to as "person who obtains excavation permit") commences excavation, he or she shall submit a report on commencement to the Administrator of the Korea Heritage Service, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 13, 2024> |
| (2) | A person who obtains excavation permit shall commence excavation within one year from the date of obtaining such permit, and where he or she fails to do so, the Administrator of the Korea Heritage Service may revoke permit; provided, the Administrator of the Korea Heritage Service may extend the period for commencement by up to one year, where any good cause is deemed to exist. <Amended on Feb. 13, 2024> |
| (3) | A person who obtains excavation permit shall submit a report on completion to the Administrator of the Korea Heritage Service within 20 days from the date the excavation of buried heritage is completed, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
[This Article Added on Nov. 26, 2019]
[Title Amended on Aug. 8, 2023]
| Article 12-3 (Safety management on excavation sites) |
| (1) | A person who obtains excavation permit shall observe the details of such excavation permit and directions under Article 11 (2), such as safety management on the excavation site. |
| (2) | In order to manage and supervise the compliance with the details of excavation permit, including safety management, the Administrator of the Korea Heritage Service may inspect the excavation sites or require a person with excavation permit or a buried heritage investigation agency under Article 24 to submit data or direct them to take necessary measures. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Matters necessary for examination, submission of data, or directions under paragraph (2) shall be prescribed by Presidential Decree; provided, where any good reason exists, such as excavating a large quantity of relics, a request for extending a period of reporting may be made to the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2024> |
[This Article Added on Nov. 26, 2019]
| Article 13 (Excavation of buried heritage by the State) |
| (1) | Where it is necessary for an academic research, or public purpose, etc., the Administrator of the Korea Heritage Service may excavate any of the following areas where buried heritage exists: <Amended on Nov. 26, 2019; Dec. 8, 2020; Aug. 8, 2023; Feb. 13, 2024> |
| 2. | An area in which underwater cultural heritage is scattered; |
| 3. | An area of high historical value, such as the site of a desolated temple; |
| 4. | Other areas that the Administrator of the Korea Heritage Service deems particularly necessary to be excavated for the protection, etc. of buried heritage. |
| (2) | Where excavation is conducted under paragraph (1), the Administrator of the Korea Heritage Service may have a buried heritage investigation agency provided in Article 24 conduct such excavation. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where excavation is conducted under paragraphs (1) and (2), the Administrator of the Korea Heritage Service shall notify the excavation purpose, methods, commencement time, etc. to the owner, manager, or occupier of the area where buried heritage exists, as prescribed by Presidential Decree, and where excavation is completed, he or she shall notify them of the results of excavation, such as the current condition of excavated relics, etc. within 30 days from the date of completion. <Amended on Jul. 21, 2011; Aug. 8, 2023; Feb. 13, 2024> |
| (4) | The owner, manager, or occupier of the area where buried heritage exists upon receipt of notification under paragraph (3) shall not refuse, obstruct, or evade excavation provided in paragraphs (1) and (2). <Amended on Aug. 8, 2023> |
| (5) | The State shall compensate a person who suffers loss due to excavation prescribed in paragraphs (1) and (2) for such loss. |
| (6) | With respect to compensation for any loss under paragraph (5), the Administrator of the Korea Heritage Service and the person who has suffered the loss shall consult; if no agreement is reached through consultation or consultation is impossible, an application for adjudication may be filed with the competent Land Expropriation Committee. <Amended on Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 14 (Preservation measures for excavated buried heritage) |
| (1) | If the excavated buried heritage has significant value in terms of historical, artistic, or academic perspectives, the Administrator of the Korea Heritage Service may instruct a person who obtains excavation permit to take the following measures to preserve the excavated heritage, after deliberation by the Cultural Heritage Committee under Article 8 of the Act on Conservation and Utilization of Cultural Heritage: <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | On-site preservation: Preservation of the whole or part of the national heritage by covering it up with soil to restore the status quo ante or exposing it to the air; |
| 2. | Preservation by relocation: Preservation of the whole or part of the national heritage by relocating it from the excavation site to any other place within the site of the development project or to any place outside of the site of the development project, such as a museum or gallery; |
| 3. | Preservation of records: Preservation of records by compiling the outcomes of the excavation; |
| 4. | Other matters necessary for the preservation and management of buried heritage. |
| (2) | A person who is instructed to take measures for preservation under paragraph (1) and the head of the competent local government having jurisdiction over the relevant project site may present their opinions on the methods for preserving the excavated heritage to the Administrator of the Korea Heritage Service. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | The person instructed to take measures for preservation under paragraph (1) shall take such measures and then submit a report on the results of the preservation measures to the head of the competent local government having jurisdiction over the relevant project site and the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2024> |
| (4) | Other matters necessary for measures to preserve excavated buried heritage shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Wholly Amended on Mar. 21, 2017]
[Title Amended on Aug. 8, 2023]
| Article 14-2 (Research and storage of important excavated materials) |
| (1) | Where human remains, mummies, or other materials of historical or scholarly value prescribed by Presidential Decree are unearthed in an area where buried heritage exists, the holder of an excavation permit shall not alter their existing condition and, as prescribed by Presidential Decree, shall report without delay the fact of such discovery to the Administrator of the Korea Heritage Service. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where it is recognized that the materials reported under paragraph (1) needs research or storage, and thus are classified as important artifacts prescribed by Presidential Decree (hereafter in this Article referred to as "important excavated materials"), the Administrator of the Korea Heritage Service may take measures to research or keep custody of the artifacts; provided, for human bones or mummies, measures may be taken only in any of the following cases: <Amended on Feb. 13, 2024> |
| 2. | Where consent is obtained from a relative. |
| (3) | Where the Administrator of the Korea Heritage Service takes measures for the research or storage of human bones or mummies without a relative or with an unknown relative pursuant to the proviso of paragraph (2), human bones or mummies need not be buried or inurned, notwithstanding Article 12 of the Act on Funeral Services. <Amended on Feb. 13, 2024> |
| (4) | The Administrator of the Korea Heritage Service shall seek advice from at least 2 relevant experts to determine on research or storage under paragraph (2). In such cases, the qualification requirements for relevant experts shall be prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (5) | For systematic research and custody of important excavated materials, the Administrator of the Korea Heritage Service may designate a specialized institution (hereafter in this Article referred to as "specialized institution for important excavated materials") and may authorize such institution to conduct affairs related to research or storage of important excavated materials. <Amended on Feb. 13, 2024> |
| (6) | The Administrator of the Korea Heritage Service may fully or partially subsidize expenses incurred in research, storage, etc. by a specialized institution for important excavated materials. <Amended on Feb. 13, 2024> |
| (7) | Necessary matters concerning the designation and operation of a specialized institution for important excavated materials and the research, storage, and others concerning such materials shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 18, 2022]
| Article 14-3 (Subsidization of expenses for preservation measures) |
| (1) | The State or a local government may fully or partially subsidize expenses incurred in implementing the relevant preservation measures to a person who is instructed to perform on-site preservation under Article 14 (1) 1 or relocation and preservation under subparagraph 2 of that paragraph, within budgetary limits. |
| (2) | The eligibility and scope of expenses to be subsidized under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Feb. 13, 2024]
| Article 15 (Report on excavation) |
| (1) | A person who obtains excavation permit (where a person who obtains permit is not a buried heritage investigation agency which actually conducts excavation, referring to such agency which actually conducts excavation) shall submit a report on the result of excavation (hereinafter referred to as "report on excavation") to the Administrator of the Korea Heritage Service within 2 years from the date such excavation is finished. <Amended on Nov. 26, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where the Administrator of the Korea Heritage Service deems that justifiable reasons exist, such as that long-term research is needed to inquire into the character of excavated heritage, preservation measures are to be taken for excavated relics, etc., he or she may extend the deadline for submission of the report on excavation within the extent of 2 years. <Amended on Feb. 13, 2024> |
| (3) | The Administrator of the Korea Heritage Service may entrust a specialized institution with evaluation of a report on excavation. <Added on Nov. 26, 2019; Feb. 13, 2024> |
| Article 16 (Alteration of existing condition of buried heritage) |
In cases of changing the present state of excavated buried heritage (excluding national heritage which is movable property), Articles 11, 12, 12-2, 12-3, and 13 through 15 shall apply mutatis mutandis. <Amended on Nov. 26, 2019; Jan. 18, 2022; Aug. 8, 2023> [Title Amended on Aug. 8, 2023]
CHAPTER IV HANDLING OF BURIED HERITAGE REPORTED ON DISCOVERY
| Article 17 (Report upon discovery) |
If buried heritage is discovered, the discoverer or the owner, occupier or manager of the area where buried heritage exists shall not change the present state and report the discovery to the Administrator of the Korea Heritage Service. <Amended on Aug. 8, 2023; Feb. 13, 2024>
| Article 18 (Methods of handling national heritage reported upon discovery) |
| (1) | Where a report of discovery is filed under Article 17, the Administrator of the Korea Heritage Service shall have the discoverer return the national heritage to the owner in cases where the owner of such national heritage is known; where the owner is unknown, he or she shall notify the fact to the head of the competent police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force, notwithstanding Article 1 (1) of the Lost Articles Act which applies mutatis mutandis as prescribed in Article 13 of the same Act. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force shall, upon receipt of notification under paragraph (1), promptly make a public announcement of the relevant national heritage as prescribed in Article 1 (2) of the Lost Articles Act which applies mutatis mutandis as prescribed in Article 13 of the same Act. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 19 (Methods of handling national heritage reported to head of police station) |
| (1) | Where an article submitted as a buried or lost article to the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force under the Lost Articles Act is recognized as national heritage, the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force shall make an announcement pursuant to the Lost Articles Act, make a report to the Administrator of the Korea Heritage Service on the fact that a buried or lost article recognized as national heritage has been submitted, and submit such article to the Administrator of the Korea Heritage Service within 20 days from the date it was submitted unless such article is returned to the owner. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Where an article submitted as prescribed in paragraph (1) is proved to be national heritage as a result of appraiser, the Administrator of the Korea Heritage Service shall notify the purport that such article is national heritage to the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force; where such article is not national heritage, he or she shall return such article to the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force with a written statement that such article is not national heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 20 (Determination of ownership and vesting in the State of national heritage reported upon discovery) |
| (1) | Where a person claiming ownership of the national heritage appears within 90 days after the head of a police station or Jeju Special Self-Governing Province Governor who has established an autonomous police force makes a public announcement, the Administrator of the Korea Heritage Service shall return it to the rightful owner after taking steps to determine the ownership as prescribed by Presidential Decree; where no rightful owner exists and the State needs to preserve the national heritage, notwithstanding Articles 253 and 254 of the Civil Act, such cultural heritage shall be vested in the State. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | Matters necessary for prescribing the scope of national heritage that shall vest in the State under paragraph (1), the procedures for vesting, and the storage and management thereof shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023.> |
[Title Amended on Aug. 8, 2023]
| Article 21 (Compensation and reward for national heritage reported upon discovery) |
| (1) | Where the Administrator of the Korea Heritage Service reverts national heritage to the State as prescribed in Article 20, he or she shall pay compensation as prescribed by Article 13 of the Lost Articles Act to a discoverer, picker or the owner of the land, structure, etc. in which such national heritage is discovered. In such cases, if the discoverer or picker is not the same person as the owner of the land, structure, etc., he or she shall pay compensation equally; provided, in cases where expenses are disbursed when it is discovered or picked, the amount of payment shall be graded, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The buried heritage excavated as prescribed in Article 11 (1) or 13 (1) from a place in which discovery of buried heritage is reported (including an area in which buried heritage is excavated because of a report on discovery, and another area linked with aforementioned area by ruins) as prescribed in Article 17 shall not be deemed a discovery for which compensation is to be paid as prescribed in paragraph (1). <Amended on Aug. 8, 2023> |
| (3) | The Administrator of the Korea Heritage Service may pay reward as prescribed by Presidential Decree in consideration of the value and scope of excavated national heritage to a person, the reporter of discovery, who provides a cause for excavation prescribed in paragraph (1). <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Where compensation prescribed in paragraph (1) or reward prescribed in paragraph (3) is to be paid, the Administrator of the Korea Heritage Service may determine the amount of payment after deliberation by the Cultural Heritage Committee under Article 8 of the Act on Conservation and Utilization of Cultural Heritage, and the procedures for paying compensation or reward and matters necessary for payment shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 22 (Method of handling national heritage discovered or excavated from investigation of national heritage) |
Where national heritage is discovered or excavated from a ground surface survey, or an excavation prescribed in Articles 11 and 13, the Administrator of the Korea Heritage Service shall announce the discovery or excavation of the relevant national heritage, notwithstanding Article 1 (2) of the Lost Articles Act which applies mutatis mutandis as prescribed in Article 13 (1) of the same Act. <Amended on Aug. 8, 2023; Feb. 13, 2024> [Title Amended on Aug. 8, 2023]
| Article 23 (Determination of ownership of national heritage discovered or excavated from investigation of national heritage and vesting in the State) |
Where it is necessary to return national heritage because a person claiming ownership to the relevant national heritage appears within 90 days from the date a public announcement is made pursuant to Article 22 or it is necessary to vest it in the State because a rightful owner does not exist, the Administrator of the Korea Heritage Service shall apply Article 20 to the handling thereof. <Amended on Aug. 8, 2023; Feb. 13, 2024> [Title Amended on Aug. 8, 2023]
CHAPTER V BURIED HERITAGE INVESTIGATION AGENCY
| Article 24 (Registration of buried heritage investigation agency) |
| (1) | The ground surface survey or the excavation of buried heritage shall be conducted by an agency registered with the Administrator of the Korea Heritage Service (hereinafter referred to as "investigation agency"), among the following institutions: <Amended on May 28, 2014; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | A non-profit corporation established as prescribed in Article 32 of the Civil Act, for the business purpose of the excavation of buried heritage; |
| 2. | An institution relating to the excavation of buried heritage, which is established and operated by the State or a local government; |
| (2) | Matters necessary for the registration of an investigation agency, such as the type of investigation agency by field of excavation, registration procedures, standards for human resources based on the qualifications of the investigation personnel, and standards for facilities and equipment, etc. shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| (3) | The State and local governments may foster and support an investigation agency within budgetary limits for the investigation, excavation, and preservation of buried heritage. |
| (4) | When an implementer of construction works concludes a contract for ground surface survey or excavation with an investigation agency as prescribed in Article 6 or 11 (1), he or she shall conclude such contract separately from the contract relating to the relevant construction works. |
[Title Amended on Aug. 8, 2023]
| Article 25 (Revocation of registration of investigation agency) |
| (1) | Where an investigation agency falls under any of the following cases, the Administrator of the Korea Heritage Service may revoke the registration thereof or order the suspension of all or part of its business, as prescribed by Presidential Decree within the extent of 2 years; provided, in cases falling under the provisions of subparagraphs 1 through 3, he or she shall revoke the registration thereof: <Amended on Aug. 8, 2023; Feb. 13, 2024; Jan. 31, 2025> |
| 1. | Where an investigation agency is registered by fraud or other improper means; |
| 2. | Where an investigation agency damages a relic or remains by intention or gross negligence; |
| 4. | Where an investigation agency conducts a ground surface survey or an excavation falsely or by any other fraudulent means, or prepares a report on the ground surface survey or the excavation inadequately, as recognized by the Cultural Heritage Committee prescribed in Article 8 of the Act on Conservation and Utilization of Natural Heritage; |
| 5. | Where an investigation agency violates the details of excavation permit or permit-related directions under Article 11 (2); |
| 6. | Where an investigation agency fails to submit an excavation report by the deadline for submission prescribed in Article 15, or submits an excavation report after the deadline for submission; |
| 7. | Where an investigation agency does not fully meet the standards for registration prescribed in Article 24 (2); |
| (2) | The Administrator of the Korea Heritage Service may restrict an investigation agency, whose registration has been revoked under paragraph (1), from registering as an investigation agency pursuant to this Act within the extent of 3 years, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
| (3) | Where an investigation agency or universal successor thereto, whose business is suspended or registration is revoked, has already concluded a service contract related to a ground surface survey or excavation prescribed in Article 11 or has undertaken such investigation or excavation before such disposition, it may continue to inspect the relevant national heritage. In such cases, where the investigation agency or universal successor thereto, whose registration is revoked, continues the ground surface survey or excavation, it shall be deemed an investigation agency until the completion of the relevant ground surface survey or excavation. <Amended on Aug. 8, 2023> |
| (4) | Deleted. <Nov. 26, 2019> |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 25-2 (Guidance and supervision over investigation agency) |
| (1) | The Administrator of the Korea Heritage Service may, as prescribed by Presidential Decree, require an investigation agency to submit reports or materials necessary for supervision, such as inspecting whether it meets the registration standards, and may have public officials under his or her control enter the office of such investigation agency or other necessary places to inspect documents, facilities, equipment, etc. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | A public official who conducts an inspection under paragraph (1) shall carry an identification indicating his or her authority and show it to interested persons. |
[This Article Added on Nov. 26, 2019]
| Article 25-3 (Education for investigation personnel) |
| (1) | The investigation personnel of each investigation agency shall undergo safety education, etc., as prescribed by Presidential Decree. |
| (2) | The Administrator of the Korea Heritage Service and an investigation agency shall endeavor to ensure that investigation personnel undergo education and training under paragraph (1). <Amended on Feb. 13, 2024> |
[This Article Added on Nov. 26, 2019]
| Article 26 (Purchase of land following measures for preservation of national heritage) |
| (1) | Where a development project is not wholly or partially conducted or completed due to measures for the preservation of national heritage prescribed in Article 14, the State or a local government may purchase the relevant land, etc.; provided, construction works conducted by the State, a local government or a corporation prescribed by Presidential Decree shall be an exception. <Amended on Dec. 8, 2020; Aug. 8, 2023> |
| (2) | Matters necessary for persons whose land, etc. are to be purchased under paragraph (1), the methods and procedures for purchasing land, etc., and other matters shall be prescribed by Presidential Decree. <Amended on Dec. 8, 2020> |
| (3) | The Administrator of the Korea Heritage Service may provide a local government with subsidies to cover part of the expenses incurred in improvement, etc. of land purchased pursuant to paragraph (1). <Added on Dec. 8, 2020; Feb. 13, 2024> |
[Title Amended on Dec. 8, 2020; Aug. 8, 2023]
| Article 27 (Price standards for investigation services of buried heritage) |
The Administrator of the Korea Heritage Service may determine the standards for pricing services of ground surface survey or excavation of buried heritage, methods of calculation thereof, etc. after consultation with the Minister of Economy and Finance. <Amended on Aug. 8, 2023; Feb. 13, 2024>
[Title Amended on Aug. 8, 2023]
| Article 27-2 (Dissemination of standard form contract) |
The Administrator of the Korea Heritage Service may prepare, disseminate, and make available the standard form contract necessary for the conclusion of a contract for a ground surface survey or excavation of buried heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024>
[This Article Added on Nov. 26, 2019]
| Article 28 (Preparation of records of buried heritage) |
The State and local governments shall prepare and preserve records of the confirmed buried heritage, and devise appropriate measures to protect the contained area. <Amended on Aug. 8, 2023>
[Title Amended on Aug. 8, 2023]
Where the Administrator of the Korea Heritage Service intends to revoke excavation permit under Article 11 or revoke the registration of an investigation agency under Article 24, he or she shall hold a hearing. <Amended on Feb. 13, 2024> [This Article Added on Nov. 26, 2019]
| Article 29 (Delegation and entrustment of authority) |
| (1) | Authority of the Administrator of the Korea Heritage Service bestowed pursuant to this Act may be partially delegated to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, Special Self-Governing Province Governor, or the heads of affiliated institutions, as prescribed by Presidential Decree. <Amended on Dec. 24, 2018; Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service may entrust the affairs of investigation, excavation, and protection of buried heritage to a corporation established under Article 32 of the Civil Act and engaging in relevant business, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| Article 30 (Legal fiction as public officials for applying penalty provisions) |
Executive officers and employees of a corporation engaged in the administrative affairs entrusted by the Administrator of the Korea Heritage Service under Article 29 (2) shall be deemed to be public officials for purposes of applying Articles 129 through 132 of the Criminal Act. <Amended on Feb. 13, 2024>
CHAPTER VII PENALTY PROVISIONS
| Article 31 (Crimes such as illegal excavation) |
| (1) | A person who excavates buried heritage without a permit or modification permit within any designated cultural heritage (including temporarily designated cultural heritage) or its protective facilities or protective zones under the Act on the Conservation and Utilization of Cultural Heritage, or within any natural monuments, etc. (including a temporarily designated natural monument or a temporarily designated scenic site) or its protective facilities or protective zones under the Act on the Conservation and Utilization of Natural Heritage, shall be punished by imprisonment with labor for at least 5 years but not more than 15 years. <Amended on Dec. 12, 2017; Nov. 26, 2019; Aug. 8, 2023.> |
| (2) | Any person who excavates buried heritage at any place other than those referred to in paragraph (1) without a permit or modification permit, disturbs or alters the existing condition of an area where buried heritage exists that has already been identified or under excavation, violates an order to suspend or discontinue the excavation of buried heritage shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| (3) | Any person who transfers, takes over, acquires, transports, possesses, or keeps in custody the national heritage that is excavated or whose existing condition has been altered in violation of paragraph (1) or (2), for value or without consideration knowing such circumstances, shall be punished by imprisonment with labor for not more than 7 years or by a fine not exceeding 70 million won. <Amended on Aug. 8, 2023> |
| (4) | Even though the illegal excavation, alteration of existing condition, transfer, takeover, acquisition, transportation, possession, or custody of national heritage committed by another person before a person's possession or custody under paragraph (3) is not punishable, if the person begins to possess or keep custody in national heritage knowing the circumstances, he or she shall be punished as provided in that paragraph. <Amended on Aug. 8, 2023> |
| (5) | Any person who brokers or arranges an act specified in paragraph (3) shall be punished by the same penalty as provided in that paragraph. |
| (6) | Any person who, after discovering buried heritage, fails to report the discovery in violation of Article 17 and conceals or disposes of it, or alters its existing condition, shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won. <Amended on Aug. 8, 2023> |
| (7) | Any person who fails to discontinue construction works in violation of Article 5 (2) shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won. |
| (8) | In the cases of paragraphs (1) through (6), the relevant national heritage shall be confiscated. <Amended on Aug. 8, 2023> |
| Article 32 (Aggravated offenses) |
| (1) | If a person commits the offense referred to in Article 31 by displaying the force of an organization or a crowd or while carrying a dangerous article, the penalty prescribed in that Article shall be increased by up to one-half. <Amended on Aug. 8, 2023> |
| (2) | Any person who inflicts an injury on a person managing or protecting the designated cultural heritage (including provisionally designated cultural heritage) or natural monuments (including provisionally designated natural monuments or provisionally designated scenic spots) by committing a crime prescribed in paragraph (1) shall be punished by imprisonment with labor for an indefinite term or for a term of at least 5 years. Where such injury leads a person to death, such offender shall be punished by death or by imprisonment with labor for an indefinite term or for a term of not less than 5 years. <Amended on Nov. 26, 2019; Aug. 8, 2023> |
| (1) | Any person who attempts to commit a crime prescribed in Article 31 shall be punished. |
| (2) | Any person who prepares for or conspires with a purpose of committing a crime prescribed in Article 31 shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won. <Amended on Aug. 8, 2023> |
| Article 34 (Criminal negligence) |
A person who commits the offense under Article 31 (3) by occupational negligence or by gross negligence shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won, and the national heritage concerned shall be confiscated. <Amended on Aug. 8, 2023.>
| Article 35 (Crime of obstructing investigations of buried heritage) |
| (1) | Any person who refuses, obstructs or evades a ground surface survey under Article 6 without a good cause shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won. |
| (2) | Any person who refuses, obstructs, or evades the excavation of buried heritage provided in Article 13 shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 36 (Offenses of violations of administrative orders) |
Any person who violates the following orders or directions without a good cause shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won: <Amended on Aug. 8, 2023>
| 1. | Deleted; <Feb. 13, 2024> |
| 2. | Deleted; <Feb. 13, 2024> |
| 3. | An order to suspend or cease excavation prescribed in Article 11 (2) (including cases in which such provisions apply mutatis mutandis as prescribed in Article 16); |
| 4. | A direction to conduct necessary matters after the completion of excavation prescribed in Article 14 (including cases in which such provisions apply mutatis mutandis under Article 16). |
| Article 37 (Joint penalty provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Articles 31, 32 and 34 through 36 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in the relevant Article in addition to punishing the violators accordingly, and where punishment with a fine is not prescribed, such corporation or individual shall be punished by a fine not exceeding 300 million won; provided, if the corporation or individual has not been negligent in giving due attention and supervision relating to the relevant duties to prevent such violation, this shall not apply.
| Article 38 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: <Amended on Nov. 26, 2019; Dec. 8, 2020; Aug. 8, 2023> |
| 1. | Deleted; <Feb. 13, 2024> |
| 2. | A person who fails to submit a report under Article 12-2 (1) or (3); |
| 3. | A person who fails to observe the details of excavation permit or directions under Article 12-3 (1); |
| 4. | A person who fails to comply with a demand or direction for inspection or submission of data under Article 12-3 (2); |
| 5. | A person who fails to make a report under Article 17; |
| 6. | A person who rejects, obstructs, or evades a demand for submission of data, or the entry and inspection by public officials under Article 25-2 (1). |
| (2) | An administrative fine under paragraph (1) shall be imposed and collected by the Administrator of the Korea Heritage Service, as prescribed by Presidential Decree. <Amended on Nov. 26, 2019; Feb. 13, 2024> |
ADDENDA <Act No. 10001, Feb. 4, 2010>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Transitional measures concerning buried cultural heritage investigation agency)
The specialized institutions relating to cultural heritage publicly notified pursuant to Article 91 (2) of the previous Cultural Heritage Protection Act as at the time this Act enters into force shall be deemed buried cultural heritage investigation agency registered pursuant to Article 24; provided, such cultural heritage investigation agency shall meet the requirements provided in this Act and make registration within 6 months after this Act enters into force. Article 3 (Transitional measures concerning conduct of administrative agencies)
Any act of an administrative agency, or any act toward an administrative agency, concerning the protection or investigation, etc. of buried heritage under the former Cultural Heritage Protection Act as at the time this Act enters into force shall be deemed the corresponding act of or toward an administrative agency under this Act. Article 4 (Transitional measures concerning penalty provisions)
The previous Cultural Heritage Protection Act shall govern the application of penalty provisions and administrative fines in relation to an act committed before this Act enters into force. Article 6 (Relationship to other statutes and regulations)
Where the previous Cultural Heritage Protection Act or provisions thereof are cited by other Acts or statutes as at the time this Act enters into force, this Act or corresponding provisions of this Act shall be deemed cited in lieu of the previous Cultural Heritage Protection Act or provisions thereof, if such corresponding provisions exist in this Act.
ADDENDUM <Act No. 10882, Jul. 21, 2011>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 12350, Jan. 28, 2014>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Applicability to ground surface survey)
The amended proviso of Article 7 (3) shall begin to apply to ground surface surveys conducted after this Act enters into force.
ADDENDA <Act No. 12692, May 28, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force 3 months after the date of its promulgation.
ADDENDA <Act No. 14605, Mar. 21, 2017>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 14639, Mar. 21, 2017>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDUM <Act No. 15172, Dec. 12, 2017>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDA <Act No. 16055, Dec. 24, 2018>
Article 1 (Enforcement date)
This Act shall enter into force 1 month after the date of its promulgation.
Article 2 (Applicability to excavation permits for buried cultural heritage)
The amended provisions of Article 12 (2) shall apply to cases where an application for an excavation permit for buried cultural heritage is filed after this Act enters into force.
ADDENDUM <Act No. 16592, Nov. 26, 2019>
This Act shall enter into force 1 year after the date of its promulgation.
ADDENDA <Act No. 16596, Nov. 26, 2019>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 17582, Dec. 8, 2020>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDA <Act No. 18765, Jan. 18, 2022>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to reporting on materials)
The amended provisions of Article 14-2 shall begin to apply where historic and academic materials prescribed by Presidential Decree, such as human bones and mummies, are excavated from an area where buried cultural heritage exists after this Act enters into force.
ADDENDA <Act No. 19587, Aug. 8, 2023>
Article 1 (Enforcement date)
This Act shall enter into force on May 17, 2024; provided, the amended provisions of Article 38 (1) 1 through 6 shall enter into force 6 months after the date of its promulgation. Article 2 (Transitional measures concerning registration of buried heritage investigation agency)
A buried cultural property investigation agency registered under the previous provisions as at the time when this Act enters into force shall be deemed to be a buried heritage investigation agency registered under this Act.
Article 4 (Relationship to other statutes or regulations)
Where the Act on Protection and Investigation of Buried Cultural Heritage or its provisions are cited in other statutes and regulations (including statutes promulgated before the enforcement of this Act) at the time of enforcement of this Act, this Act or the relevant provisions of this Act shall be deemed to have been cited in lieu of the previous provisions.
ADDENDUM <Act No. 19592, Aug. 8, 2023>
This Act shall enter into force on the date of promulgation.
ADDENDUM <Act No. 19703, Sep. 14, 2023>
This Act shall enter into force 1 year after the date of its promulgation.
ADDENDUM <Act No. 19802, Oct. 31, 2023>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation; provided, Article 2 of the Addenda shall enter into force on May 17, 2024.
ADDENDA <Act No. 20285, Feb. 13, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation; provided, the amended provisions of Article 14-3 shall enter into force 6 months after the date of its promulgation. Article 2 (Applicability to buried heritage for which preservation measures are instructed)
The amended provisions of Article 14-3 shall also apply to buried heritage for which preservation measures have not been completed at the time that amended provisions enter into force.
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 date of enforcement dates of respective statutes.
ADDENDA <Act No. 20742, Jan. 31, 2025>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to revocation of registration of investigation agency)