The purpose of this Decree is to prescribe matters mandated by the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage and matters necessary for its enforcement.
| Article 2 (Registration standards for State-registered cultural heritage) |
The registration standards of the State-registered cultural heritage under Article 6 (1) of the Act on the Conservation and Utilization of Modern and Contemporary Cultural Heritage (hereinafter referred to as the "Act") shall be any of the following: | 1. | It shall have commemorative, symbolic, or educational value in various fields such as history, culture, art, society, economy, religion, and life; |
| 2. | It shall serve as the historical and cultural backgrounds for the region, and the value of the modern and contemporary cultural heritage shall be widely known to the general public; |
| 3. | It shall have important values for reflecting or understanding the times, such as technological development or artistic trends. |
| Article 3 (Registration procedures for State-registered cultural heritage) |
| (1) | If the owner, manager, or head of the competent local government with jurisdiction over the location of the modern and contemporary cultural heritage that satisfies the registration standards under Article 2 intends to apply for the registration of the relevant modern and contemporary cultural heritage as the State-registered cultural heritage, he or she shall submit an application for registration in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism to the Administrator of the Korea Heritage Service. In such cases, if the owner or manager wishes to apply for registration, he or she shall first go through the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "a Mayor/Do Governor"). |
| (2) | Upon receipt of an application form under the latter part of paragraph (1), the head of a Si/Gun/Gu shall submit it to the Mayor/Do Governor, along with a written opinion on the review of the application, and the Mayor/Do Governor shall submit it to the Administrator of the Korea Heritage Service, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| (3) | In order to register modern and contemporary cultural heritage as the State-registered cultural heritage in accordance with Article 6 (1) of the Act, the Administrator of the Korea Heritage Service shall request at least 3 relevant experts to conduct an inspection on the modern and contemporary cultural heritage and prepare and submit an inspection report. |
| (4) | If the Administrator of the Korea Heritage Service deems that the relevant modern and contemporary cultural heritage meets the standards for registration of the State-registered cultural heritage under Article 2 after examining the inspection report under paragraph (3), the Administrator shall give a prior public notice of the details of review of the inspection report in the Official Gazette for at least 30 days. |
| (5) | The Administrator of the Korea Heritage Service shall determine whether to register the modern and contemporary cultural heritage as the State-registered cultural heritage after deliberation by the Cultural Heritage Committee established under Article 8 of the Act on Conservation and Utilization of Cultural Heritage (hereinafter referred to as the "Committee") within 6 months from the date the prior public notice under paragraph (4) is completed. |
| (6) | If the Administrator of the Korea Heritage Service fails to make a decision on whether to register the State-registered cultural heritage within the period specified in paragraph (5) due to unavoidable reasons, such as raising an objection by interested parties, where it is necessary to determine whether to register the cultural heritage, a prior public notice shall be given under paragraph (3) and the deliberation procedure under paragraph (4) shall be undergone repeatedly. |
| (7) | If the Administrator of the Korea Heritage Service registers the State-registered cultural heritage, he or she shall issue the registration certificate of the State-registered cultural heritage to the owner. |
| Article 4 (Public notice of registration) |
When the Administrator of the Korea Heritage Service publicly notifies the registration of the State-registered cultural heritage under the main clause of Article 7 (1) of the Act, he or she shall include the following matters: | 1. | Name, quantity, location, or storage location of the State-registered cultural heritage; |
| 2. | Name and address of the owner or occupant of the State-registered cultural heritage; |
| 3. | Purpose and reasons for registration. |
| Article 5 (Designation of essential conservation elements) |
| (1) | The Administrator of the Korea Heritage Service shall request at least 3 relevant experts to investigate the relevant State-registered cultural heritage and to prepare and submit an investigation report in order to designate the essential conservation elements under Article 8 (1) of the Act (hereinafter referred to as "essential conservation elements"); provided, if the investigation report under Article 3 (3) can substitute for the investigation, the investigation need not be requested. <Amended on Sept. 30, 2025> |
| (2) | Paragraph (1) shall apply mutatis mutandis to procedures for change or revocation of the designation of essential conservation elements under Article 8 (3) of the Act. |
| Article 6 (Formulation of comprehensive maintenance plans for each State-registered cultural heritage) |
| (1) | A management agency for the State-registered cultural heritage designated under Article 13 (1) of the Act (hereinafter referred to as "management agency for State-registered cultural heritage") may formulate a comprehensive maintenance plan for each item of the State-registered cultural heritage (hereafter referred to as "maintenance plan" in this Article) in consultation with the Administrator of the Korea Heritage Service in order to efficiently conserve, manage, and utilize the relevant State-registered cultural heritage. |
| (2) | The maintenance plan under paragraph (1) shall include the following matters: |
| 1. | Matters relating to the purposes and scope of the maintenance plan; |
| 2. | Matters relating to the verification and academic research on the State-registered cultural heritage; |
| 3. | Matters relating to the conservation, management, and utilization, including maintenance and restoration of the State-registered cultural heritage; |
| 4. | Matters concerning securing human resources for the management and operation of the State-registered cultural heritage and financial resources for investment; |
| 5. | Other matters necessary for the maintenance of the State-registered cultural heritage. |
| (3) | The Administrator of the Korea Heritage Service may determine and publicly notify matters necessary for the procedures and methods of formulation of a maintenance plan, and details and implementation thereof, under paragraph (1). |
| Article 7 (Deadline and method of reporting on appointment of manager of the State-registered cultural heritage) |
| (1) | A person who intends to file a report under Article 16 (1) of the Act shall submit a report in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, to the Administrator of the Korea Heritage Service within 15 days from the date the reason for filing the report occurs. |
| (2) | Upon receipt of a report under paragraph (1), the Administrator of the Korea Heritage Service shall notify the head of a Si/Gun/Gu and the Mayor/Do Governor having jurisdiction over the location of the relevant State-registered cultural heritage of the details thereof. |
| Article 8 (Acts subject to reporting of change of current status of State-registered cultural heritage) |
"Acts prescribed by Presidential Decree" in Article 17 (1) 1 of the Act means any of the following acts; provided, temporary measures to prevent damage to the State-registered cultural heritage or to prevent the spread of damage shall be excluded: <Amended on Sep. 30, 2025> | 1. | In cases where the relevant State-registered cultural heritage is a building under the Building Act: Any act of altering the design, color, texture, or materials, etc. of at least 1/4 of the area of the exterior (including the roof) of the relevant building; |
| 2. | Where the relevant State-registered cultural heritage consists of structures, facilities, etc. other than buildings under the Building Act: Any act of changing the design, color, texture, or materials in at least one-quarter of the area of such structures or facilities, as calculated under each of the following items: |
| a. | In the case of structures such as bridges or lighthouses, the exterior area; |
| b. | In the case of facilities such as tunnels and caves whose exterior is not visible, the internal surface area; |
| c. | In the case of tombs and graves, sites, historic sites, and other similar cases, the area registered as State-registered cultural heritage at the time of registration under Article 6 (1) of the Act. |
| Article 9 (Procedures for permission of change of current status of State-registered cultural heritage) |
| (1) | A person seeking permission or permission for modifications from the Administrator of the Korea Heritage Service under Article 18 (1) of the Act shall submit a written application for permission or permission for modifications in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, to the Administrator of the Korea Heritage Service through the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, who has jurisdiction over the location of the relevant State-registered cultural heritage. In such cases, the head of a Si/Gun/Gu shall notify the competent Mayor/Do Governor of the details of the application for permission or application for permission for modifications, etc. |
| (2) | In cases where the Administrator of the Korea Heritage Service grants permission or permission for modifications in accordance with Article 18 (1), he or she shall issue the applicant with a permit or a permit for modifications in the form prescribed by the Decree of the Ministry of Culture, Sports and Tourism. |
| (3) | In cases where the Administrator of the Korea Heritage Service issues a permit or a permit for modifications under paragraph (2) (excluding cases where a permit is issued for any acts of changing the current status of the State-registered cultural heritage directly managed by the Administrator of the Korea Heritage Service), the permit shall be issued through the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, who has jurisdiction over the location of the State-registered cultural heritage. |
| (4) | In cases where the Administrator of the Korea Heritage Service issues a permit or permit for modifications under paragraph (2) (excluding cases where a permit is issued for changes to the current status of a State-registered cultural heritage directly managed by the Administrator of the Korea Heritage Service), the Administrator shall notify the Mayor/Do Governor (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor) of the details of the permit or permit for modifications. |
| Article 10 (Delegation of authority for permission of change of current status) |
The Administrator of the Korea Heritage Service shall delegate the following authority to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in accordance with Article 18 (2) of the Act: | 1. | Permission for any act of repairing modern and contemporary real estate heritage to its original form; |
| 2. | Permission for modifications to change a person who receives permission for change of the current status (including permission for modifications) or to extend the period for permission. |
| Article 11 (Inspection for permission of change of current status) |
The scope of relevant experts who may be directed to conduct an inspection required for permission to change the current state of the State-registered cultural heritage under Article 18 (4) of the Act shall be as follows: | 1. | A member or expert member of the Committee; |
| 3. | A faculty member who is currently working as an assistant professor or higher in a department related to modern and contemporary cultural heritage at a school defined in Article 2 of the Higher Education Act. |
| 4. | A senior research official, a research official, or a professional experienced official of at least Grade B who is in charge of the affairs of modern and contemporary cultural heritage; |
| 5. | A faculty member who is working as an assistant professor or higher in a department related to construction, civil engineering, environment, urban planning, noise, vibration, air pollution, chemical substance, dust, or heat at a school defined in Article 2 of the Higher Education Act; |
| 6. | A person recommended from an academic society related to a field specified in subparagraph 5; |
| 7. | Other persons who have worked in the field of modern and contemporary cultural heritage for at least 5 years and who are recognized by the Administrator of the Korea Heritage Service as having abundant knowledge and experience in modern and contemporary cultural heritage. |
| Article 12 (Frequency of regular inspection) |
A regular inspection under Article 21 (1) of the Act (hereinafter referred to as "regular investigation") shall be conducted every 3 years; provided, it may be conducted every 5 years for any of the following State-registered cultural heritage: | 1. | State-registered cultural heritage kept and managed within a building; |
| 2. | State-registered cultural heritage directly managed by the State or local governments; |
| 3. | State-registered cultural heritage in which the owner or manager resides; |
| 4. | The State-registered cultural heritage that, as a result of a regular inspection, is determined to be in good condition of conservation and thus deemed by the Administrator of the Korea Heritage Service as not in need of regular inspection for 5 years. |
| Article 13 (Procedures and methods for regular inspections) |
| (1) | Regular inspection and re-inspection under Article 21 (2) of the Act (hereinafter referred to as "re-inspection") shall be conducted by means of on-site inspection, document inspection, etc., and shall include the following details; provided, when conducting a re-inspection, some of the following subparagraphs may be omitted in consideration of the necessity of the inspection: |
| 1. | Current status of alteration of the original form, repair history, and conservation of the State-registered cultural heritage; |
| 2. | Status of firefighting facilities and safety management of the State-registered cultural heritage; |
| 3. | Current status of the installation and management of the information and exhibition facilities of the State-registered cultural heritage, and auxiliary facilities surrounding the State-registered cultural heritage; |
| 4. | Current status of education, exhibitions, etc. utilizing the State-registered cultural heritage; |
| 5. | Other matters necessary for the conservation, management, and utilization of the State-registered cultural heritage. |
| (2) | Public officials conducting regular inspection and re-inspection (including those performing tasks entrusted under Article 21 (5) of the Act) shall carry the certificate indicating their authority and show it to the relevant persons when performing acts necessary for the inspection. |
| (3) | Except as otherwise provided in paragraphs (1) and (2), detailed matters necessary for the procedures, methods, etc. for regular inspection and re-inspection shall be determined by the Administrator of the Korea Heritage Service. |
| Article 14 (Entrustment of regular inspection) |
| (1) | The Administrator of the Korea Heritage Service may entrust any of the following institutions or organizations with regular inspections and re-inspections of the State-registered cultural heritage under Article 21 (5) of the Act: |
| 1. | A corporation or organization established for the purpose of inspection, research, education, repair, or academic activities related to modern and contemporary cultural heritage; |
| 2. | Research institutes or industry-academia cooperation groups related to modern and contemporary cultural heritage that are affiliated with schools defined in Article 2 of the Higher Education Act; |
| (2) | In the case where the Administrator of the Korea Heritage Service entrusts regular investigation and re-inspection under Article 21 (5) of the Act, he or she shall publicly notify the entrusted person and the details of the entrusted business affairs. |
| Article 15 (Application for compensation for loss) |
Any person seeking compensation for damages under Article 21 (6) of the Act shall submit a written application in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, stating the name, quantity, location or storage location of the State-registered cultural heritage and the reasons for application, attaching documents proving the damage to the Administrator of the Korea Heritage Service.
| Article 16 (Procedures for cancellation of registration of State-registered cultural heritage) |
| (1) | In Article 25 (1) of the Act, "cases where special reasons prescribed by Presidential Decree arise" means cases where it is revealed that the registration was made by fraud or other improper means. |
| (2) | In order to cancel the registration of the State-registered cultural heritage in accordance with Article 25 (1) of the Act, the Administrator of the Korea Heritage Service shall request at least 3 relevant experts to conduct an inspection of the relevant cultural heritage and prepare and submit an inspection report; provided, if there is a result of re-evaluation under Article 23 (1) of the Act, the Administrator of the Korea Heritage Service need not request an inspection. |
| (3) | The Administrator of the Korea Heritage Service shall review the inspection report submitted by the relevant expert under the main clause of paragraph (2), and if he or she determines that it is necessary to cancel the registration of the State-registered cultural heritage, he or she shall decide whether to cancel the registration after deliberation by the Committee. |
| (4) | Article 4 shall apply mutatis mutandis to the public notice of cancellation of registration of State-registered cultural heritage under the main clause of Article 26 (1) of the Act. |
| Article 17 (Subsidization of conservation of State-registered cultural heritage) |
"Measures prescribed by Presidential Decree" in Article 28 (2) 4 of the Act means the following measures: | 1. | Installation of guide signs or warning signs for the conservation and management of the State-registered cultural heritage; |
| 2. | Installation of protection facilities for the conservation and management of the State-registered cultural heritage; |
| 3. | Production of reprints or copies for the conservation and management of the State-registered cultural heritage. |
| Article 18 (Building-to-land ratio and floor area ratio of State-registered cultural heritage) |
| (1) | The building-to-land ratio and floor area ratio of the State-registered cultural heritage for each special-purpose area under Article 31 of the Act shall be determined within the limit of 150 percent of the building-to-land ratio and floor space ratio applicable to each special-purpose area under Articles 84 and 85 of the Enforcement Decree of the National Land Planning and Utilization Act, taking into consideration the structure, features, and surrounding landscape of the State-registered cultural heritage, but the specific ratios shall be prescribed by Municipal Ordinance of the competent local government. |
| (2) | Where the head of a local government grants building permission by applying the special cases of building-to-land ratio and floor area ratio under paragraph (1), he or she shall notify the Administrator of the Korea Heritage Service of the details of such permission within 15 days from the date of granting such permission. |
| Article 19 (Standards for application of special cases for related statutes and regulations on State-registered cultural heritage) |
In applying special cases under Article 32 (1) of the Act, it shall satisfy all of the following standards: | 2. | Notwithstanding the application of special cases, the principal value of the relevant State-registered cultural heritage shall be preserved; |
| 3. | The application of such special cases shall not unduly disadvantage neighboring land or buildings; |
| 4. | The application of such special cases shall not unduly harm the surrounding landscape or environment. |
<This Article Wholly Amended on Sept. 30, 2025>
| Article 20 (Criteria for designation of modern and contemporary cultural heritage districts) |
| (1) | The Administrator of the Korea Heritage Service may designate an area that falls under any of the following subparagraphs as a modern and contemporary cultural heritage district in accordance with Article 33 (1) of the Act: |
| 1. | An area where the registered cultural heritages are collectively distributed to form a group of buildings or streets; |
| 2. | An area where the registered cultural heritage has historical, cultural, social, or scenic significance along with the surrounding area and therefore requires comprehensive preservation; |
| 3. | Other areas that require comprehensive management, such as maintenance and restoration, along with the surrounding areas of the registered cultural heritage. |
| (2) | When designating a modern and contemporary cultural heritage district, the Administrator of the Korea Heritage Service shall consider the following matters: |
| 1. | Current status of the distribution of modern and contemporary cultural heritage that is not the registered cultural heritage in the relevant region; |
| 2. | Plan for the conservation and utilization of modern and contemporary cultural heritage; |
| 3. | Necessity of conservation of the historical environment of the relevant area and its academic significance; |
| 4. | Impacts of the designation of modern and contemporary cultural heritage districts on the surrounding areas. |
| Article 21 (Procedures for designation of modern and contemporary cultural heritage districts) |
| (1) | Where the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to apply for the designation of a modern contemporary cultural heritage district under Article 33 (1) of the Act, he or she shall submit a written application for designation in the from prescribed by Decree of the Ministry of Culture, Sports and Tourism, to the Administrator of the Korea Heritage Service via the competent Mayor/Do Governor (excluding the Special Self-Governing City Mayor and a Special Self-Governing Province Governor), along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| (2) | Where the Administrator of the Korea Heritage Service intends to designate a modern contemporary cultural heritage district upon receipt of an application under paragraph (1), he or she shall request at least 3 relevant experts to conduct an inspection into the relevant area and prepare and submit an inspection report. In such cases, if there is any data from inspection conducted under other statutes or regulations with respect to matters for inspection, the Administrator of the Korea Heritage Service may utilize such data. |
| (3) | If the Administrator of the Korea Heritage Service determines that the relevant area meets the standards for designation of a modern and contemporary cultural heritage district under Article 20 after reviewing an inspection report under the former part of paragraph (2), he or she shall give a prior public notice of the details of review of the inspection report in the Official Gazette for at least 30 days. |
| (4) | The Administrator of the Korea Heritage Service shall determine whether to designate a modern and contemporary cultural heritage district through deliberation by the Committee within 6 months from the date on which the prior public notice under paragraph (3) is completed. |
| (5) | In cases where the Administrator of the Korea Heritage Service is unable to decide whether to designate a modern and contemporary cultural heritage district within the period specified in paragraph (4) due to unavoidable reasons such as objections raised by interested parties, and if it is necessary to decide whether to designate it, a prior public notice under paragraph (3) shall be given and the deliberation procedure under paragraph (4) shall be undergone again. |
| Article 22 (Public notice of designation of modern and contemporary cultural heritage districts) |
When the Administrator of the Korea Heritage Service publicly notify the designation of a modern and contemporary cultural heritage district in accordance with the former of Article 33 (2) of the Act, the following matters shall be included: | 1. | Name and area of the modern and contemporary cultural heritage districts; |
| 2. | Purpose and reason for designation; |
| Article 23 (Procedures for change of modern and contemporary cultural heritage districts and revocation of designation thereof) |
If the Administrator of the Korea Heritage Service intends to change the area of a modern and contemporary cultural heritage district or revoke the designation in accordance with Article 34 (1) of the Act, the provisions of Article 21 (2) through (5) and Article 22 shall apply mutatis mutandis.
| Article 24 (Procedures for formulation and modification of utilization plans for modern and contemporary cultural heritage districts) |
| (1) | If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over a modern and contemporary cultural heritage district intends to formulate a utilization plan for the modern and cultural heritage district under Article 35 (1) of the Act (hereinafter referred to as "utilization plan"), he or she shall consult in advance with the head of the relevant administrative agency on the details thereof, and publicly announce the main details of the utilization plan on the website of the relevant local government to make it available to residents for perusal for at least 14 days. |
| (2) | Any person who has an opinion on the utilization plan may submit his or her opinion to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu during the perusal period under paragraph (1). |
| (3) | Upon receipt of an opinion under paragraph (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall review the relevant opinion and notify the person who has submitted such opinion of whether to reflect it in the utilization plan. |
| (4) | If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to reflect the opinions submitted under paragraph (2) in the utilization plan, where the details of such opinions are important matters prescribed by Municipal Ordinance of the relevant local government, he or she shall undergo the procedures under paragraphs (1) through (3) again. |
| (5) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu finalizes a utilization plan after perusal, consultation, etc. under paragraphs (1) through (4), he or she shall publicly announce the main content of the utilization plan on the website of the relevant local government and make it available to residents for perusal. |
| (6) | Paragraphs (1) through (5) shall apply mutatis mutandis to any modification of a utilization plan; provided, if any modification is made to insignificant matters prescribed by Municipal Ordinance of the relevant local government, all or some of the procedures under paragraphs (1) through (5) may be omitted, as prescribed by Municipal Ordinance of the relevant local government. |
| (7) | Except as otherwise provided in paragraphs (1) through (6), the Administrator of the Korea Heritage Service may determine necessary matters related to the procedures and methods for the formulation and modification of a utilization plan. |
| Article 25 (Matters to be included in utilization plan) |
"Matters prescribed by Presidential Decree" in Article 35 (1) 8 of the Act means the following matters: | 1. | Matters regarding the promotion of historical, cultural, social, and scenic values of the modern and contemporary cultural heritage districts; |
| 2. | Matters regarding the verification and academic research on the modern and contemporary cultural heritage districts; |
| 3. | Matters regarding the standards for construction of buildings or creation of landscape within the modern and contemporary cultural heritage districts; |
| 4. | Matters regarding the dedicated organization for the conservation and utilization of the modern and contemporary cultural heritage districts; |
| 5. | Any other matters that the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems necessary for the utilization of a modern and contemporary cultural heritage district. |
| Article 26 (Prohibition and restriction on business or installation of facilities) |
| Article 27 (Implementation of utilization plans) |
| (1) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu formulates a utilization plan, he or she shall formulate and implement an action plan each year in accordance with the utilization plan. |
| (2) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu formulates an annual action plan under paragraph (1), he or she shall publicly announce the main details thereof on the website of the relevant local government. |
| Article 28 (Proposal for designation of modern and contemporary cultural heritage districts and formulation of utilization plan) |
| (1) | A person who intends to propose the designation of a modern and contemporary cultural heritage district and the formulation of a utilization plan in accordance with Article 36 (1) of the Act shall obtain consent from the owners of land equivalent to at least 2/3 of the land area (excluding the area of State-owned land and public land) of the relevant district. |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant proposer of the results of processing the proposal within 30 days from the date of receipt of the proposal under Article 36 (1) of the Act; provided, the period for notification may be extended limited to once by up to 30 days, if there is an unavoidable reason. |
| Article 29 (Special cases on application of relevant statutes and regulations to modern and contemporary cultural heritage districts) |
| (1) | "Scope prescribed by Presidential Decree" in the part, with the exception of the subparagraphs, of Article 37 of the Act means the scope of the following subparagraphs: |
| (2) | In order to apply special cases under Article 37 of the Act within the scope specified in each subparagraph of paragraph (1), all of the following standards shall be satisfied: |
| 1. | It shall not harm the public interest; |
| 2. | It shall improve the appearance or landscape of the modern and contemporary cultural heritage district. |
| Article 30 (Support projects for modern and contemporary cultural heritage districts) |
"Projects prescribed by Presidential Decree" in Article 38 (1) 5 of the Act means the following projects: | 1. | Development and operation of programs and contents utilizing modern and contemporary cultural heritage; |
| 2. | Projects for promotion and guidance for modern and contemporary cultural heritage districts; |
| 3. | Other projects that the Administrator of the Korea Heritage Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems necessary to enhance the value of the modern and contemporary cultural heritage districts. |
| Article 30-2 (Development plans subject to consultation in modern and contemporary cultural heritage districts) |
| (1) | The specific types of development plans subject to consultation under Article 38-2 (1) of the Act shall be as provided in Appendix 1. |
| (2) | In the proviso of Article 38-2 (1) of the Act, “cases where minor matters prescribed by Presidential Decree are modified” means cases in which any of the following changes is made to the development-plan site under the development plan initially consulted upon pursuant to the main clause of Article 38-2 (1) of the Act: |
| 1. | Where the area decreases without changing the location of the development plan site; |
| 2. | Where the total floor area or building area of each planned building or facility is reduced without changing its location or increasing its height; |
| 3. | Where the purpose of use of a building or facility is changed without changing the location of the building or facility scheduled to be constructed, or without increasing the height, total floor area, or building area. |
[This Article Added on Sep. 30, 2025.]
| Article 30-3 (Consultation procedures and standards for development plans in modern and contemporary cultural heritage districts) |
| (1) | The head of the administrative agency who intends to formulate a development plan that includes a modern and contemporary cultural heritage district within the development plan site (hereinafter referred to as the "head of the planning agency") shall, when requesting consultation pursuant to Article 38-2 (1) of the Act, submit the draft development plan to the Administrator of the Korea Heritage Service. |
| (2) | The Administrator of the Korea Heritage Service shall, within 30 days from the date of receipt of a request under paragraph (1), notify the head of the planning agency of the results of review on the matters under the following subparagraphs; provided, where there are unavoidable circumstances, the Administrator may notify the head of the planning agency of such reason and extend the period specified in the former part by up to 10 days: |
| 1. | Adverse effects of the relevant development plan on the conservation and utilization of modern and contemporary cultural heritage within the modern and contemporary cultural heritage district; |
| 2. | Adverse effects of the relevant development plan on the creation of the landscape of the modern and contemporary cultural heritage district; |
| 3. | Measures to eliminate or mitigate the adverse effects under subparagraphs 1 and 2. |
[This Article Added on Sep. 30, 2025.]
| Article 31 (Standards for selection of preliminary cultural heritage) |
The standards for selection of preliminary cultural heritage under Article 44 (1) of the Act shall be as follows: | 1. | An item possessing value worthy of conservation in the present and future in the fields of history, culture, arts, society, industry, science, or any other relevant sector; |
| 2. | An item that contributes or is expected to contribute to the formation of national or regional identity; |
| 3. | An item containing events, people, or stories that many people have experienced or remembered. |
| Article 32 (Procedures for selection of preliminary cultural heritage) |
| (1) | If the owner, manager, or head of a local government with jurisdiction over the location of the modern and contemporary cultural heritage that meets the criteria for selection under Article 31 wishes to apply for the selection of the modern and contemporary cultural heritage as a preliminary cultural heritage, he or she shall submit a selection application in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, to the Administrator of the Korea Heritage Service. In such case, if the owner (excluding the State and a local government) or manager wishes to apply for selection, he or she shall apply through the competent head of a Si/Gun/Gu with jurisdiction over the location of the modern and contemporary cultural heritage. |
| (2) | Upon receipt of an application form under the latter part of paragraph (1), the head of a Si/Gun/Gu shall submit it to the Mayor/Do Governor, along with a written opinion on the review of the application, and the Mayor/Do Governor shall submit it to the Administrator of the Korea Heritage Service, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| (3) | Where the Administrator of the Korea Heritage Service intends to select a modern and modern cultural heritage as a preliminary cultural heritage in accordance with Article 44 (1) of the Act, he or she may request at least 2 relevant experts to conduct inspection into the relevant modern and contemporary cultural heritage and prepare and submit an inspection report. |
| (4) | Except as otherwise provided in paragraphs (1) through (3), necessary matters regarding the selection procedure, etc. of the preliminary cultural heritage shall be determined and publicly notified by the Administrator of the Korea Heritage Service. |
| Article 33 (Fact-finding survey on preliminary cultural heritage) |
| (1) | Fact-finding survey under Article 45 (5) of the Act (hereinafter referred to as "Fact-finding survey") shall be conducted as either a regular survey or an occasional survey, and a regular survey shall be conducted every 5 years, and an occasional survey shall be conducted where deemed necessary by the Administrator of the Korea Heritage Service. |
| (2) | The Administrator of the Korea Heritage Service may commission a fact-finding survey to an institution, corporation, or organization with expertise in research on modern and contemporary cultural heritage. |
| (3) | A public official who conducts a fact-finding survey shall carry a certificate indicating his or her authority and present it to relevant persons when he or she conducts any act for the inspection. |
| (4) | Except as otherwise provided in paragraphs (1) through (3), detailed procedures and methods of fact-finding surveys shall be determined by the Administrator of the Korea Heritage Service. |
| Article 34 (Procedures for cancellation of selection of preliminary cultural heritage) |
| (1) | If the Administrator of the Korea Heritage Service intends to cancel the designation of a preliminary cultural heritage in accordance with Article 47 (1) of the Act, he or she shall request at least 2 relevant experts to conduct an inspection of the relevant preliminary cultural heritage and to prepare and submit an inspection report; provided, if the Administrator of the Korea Heritage Service deems it unnecessary to conduct an inspection, such as the destruction of the preliminary cultural heritage, he or she need not request an inspection. |
| (2) | The Administrator of the Korea Heritage Service shall review the inspection report submitted by the relevant expert under the main clause of paragraph (1), and if he or she determines that it is necessary to cancel the selection of a preliminary cultural heritage, he or she shall decide whether to cancel the selection after deliberation by the Committee. |
| (3) | If the Administrator of the Korea Heritage Service cancels the designation of the relevant preliminary cultural heritage in accordance with paragraph (2), he or she shall notify the owner of the relevant preliminary cultural heritage of the purpose and details without delay; provided, if the owner of the preliminary cultural heritage does not exist or is unclear, the Administrator may notify the owner or manager of the relevant preliminary cultural heritage thereof. |
| (4) | Where the owner of a preliminary cultural heritage is notified of the cancellation of selection under the main clause of paragraph (3), he or she shall return the certificate of selection under Article 44 (4) of the Act to the Administrator of the Korea Heritage Service within 30 days from the date he or she is notified of such cancellation. |
| Article 35 (Support for utilization of modern and contemporary cultural heritage) |
| (1) | The Administrator of the Korea Heritage Service may support the following projects and activities of local residents for the utilization of modern and contemporary cultural heritage and the promotion of local culture in accordance with Article 51 (2) of the Act: <Amended on Sep. 30, 2025> |
| 1. | Creation of content utilizing modern and contemporary cultural heritage; |
| 2. | Education and exhibition utilizing modern and contemporary cultural heritage; |
| 4. | Other projects and activities of local residents that the Administrator of the Korea Heritage Service deems necessary for the utilization of modern and contemporary cultural heritage and the promotion of local culture. |
| (2) | Any person seeking to receive support under paragraph (1) shall submit a written application in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, to the Administrator of the Korea Heritage Service. |
| Article 36 (Scope of support for organizations and business entities) |
| (1) | The organizations and business entities that may receive support under Article 52 (1) of the Act are as follows: |
| 1. | A corporation for the purpose of conservation, repair, maintenance, and utilizing of modern and contemporary cultural heritage; |
| 2. | A person who engages in business or activities related to the conservation, repair, maintenance, and utilization of modern and contemporary cultural heritage, who falls under any of the following categories: |
| d. | A person who has registered a national heritage repair business, national heritage on-site survey, or national heritage supervision business in accordance with Article 14 of the Act on National Heritage Maintenance; |
| 3. | A school defined in Article 2 of the Higher Education Act or a Korean National University of Heritage under Article 2 of the Act on the Establishment of the Korea National University of Heritage that establishes and operates educational courses related to the conservation, repair, maintenance, and utilization of modern and contemporary cultural heritage, or a research institute affiliated with the university; |
| 4. | A person who carries out other projects related to the conservation, repair, maintenance, and utilization of modern and contemporary cultural heritage, as determined and publicly notified by the Administrator of the Korea Heritage Service or as prescribed by Municipal Ordinance of the relevant local government. |
| (2) | The procedures, etc. of support under Article 52 (1) of Act shall be governed by the Subsidy Management Act and the Act on Local Government Subsidy Management. |
| Article 37 (Administrative fines) |
The standards for imposing administrative fines under Article 62 (1) and (2) of the Act shall be as provided in Appendix 2. <Amended on Sep. 30, 2025>
ADDENDA <Presidential Decree No. 34881, Sep. 10, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 15, 2024.
Article 3 (Relationship to other statutes or regulations)
In the cases where the previous Enforcement Decree of the Act on Conservation and Utilization of Cultural Heritage or its provisions are cited in other statues or regulations as at the time of enforcement of this Decree, if there are any corresponding provisions in this Decree, this Decree or the corresponding provisions of this Decree shall be deemed cited in lieu of the previous Decree on Conservation and Utilization of Cultural Heritage or its provisions.
ADDENDUM <Presidential Decree No. 35787, Sep. 30, 2025>
This Decree shall enter into force on October 9, 2025.