Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters mandated by the Korean Traditional Temples Preservation and Support Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Jun. 9, 2009]
Article 2 #
Deleted. <Aug. 13, 2012>
Article 3(Procedure for designation of traditional temples) #
(1) Deleted. <Aug. 13, 2012>
(2) The chief monk of a temple that intends to be designated as a traditional temple pursuant to Article 4 (1) of the Korean Traditional Temples Preservation and Support Act (hereinafter referred to as the "Act") shall submit an application for designation of a traditional temple to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), along with the following documents: <Amended on Aug. 13, 2012>
1. A statement of grounds for application for designation;
2. A list of property and documents evidencing the ownership of real estate;
2-2. A letter of recommendation from a representative of an organization the temple is affiliated with, in accordance with Article 4 (1) of the Act (excluding cases where there is no organization the temple is affiliated with);
3. Documents that can prove the matters specified in each subparagraph of Article 4 (2) of the Act.
(3) Upon receipt of a written application under paragraph (2), the Mayor/Do Governor shall submit it to the Minister of Culture, Sports and Tourism attached with a statement of opinions on the designation of a traditional temple. <Amended on Feb. 29, 2008>
(4) In order to designate a traditional temple in accordance with Article 4 (2) of the Act, the Minister of Culture, Sports and Tourism shall hear the opinions of from the Buddhist monks and temple-related experts engaged in the academia and the cultural and artistic circles. <Amended on Feb. 29, 2008>
[Title Amended on Aug. 13, 2012]
Article 4(Registration procedures for traditional temples) #
(1) The chief monk of a temple in receipt of a notice under Article 4 (3) of the Act shall submit an application form for the registration of a traditional temple to the competent Mayor/Do Governor, along with the following documents, within 30 days from the date of receipt of such notice: <Amended on Dec. 22, 2009; Aug. 13, 2012; Dec. 30, 2015; Jul. 2, 2019>
1. Materials on the chief monk who falls under any of the following categories:
a. In cases where the temple is affiliated with an organization: A certificate verifying that the chief monk of a temple is appointed by the representative of an organization and the representative's official seal (a stamped image);
b. In cases where there is no organization a temple is affiliated with: Materials attesting that the person is the chief monk of a temple;
2. A list of temple properties according to Article 3 (2) 2;
3. Deleted. <Aug. 13, 2012>
(2) Upon receipt of an application under paragraph (1), the Mayor/Do Governor shall, without delay, register the application and issue the certificate of registration of a traditional temple to the applicant, and give pubic notice of the fact of registration.
(3) In case of any change in the details of registration pursuant to paragraph (1), the chief monk of a traditional temple shall submit an application form for the modification of registration, along with documents evidencing such change, to the competent Mayor/Do Governor without delay.
(4) If necessary to verify the details of registration and modified registration under paragraphs (1) and (3), the Mayor/Do Governor may require the chief monk of the relevant temple or the representative of an organization the temple is affiliated with to submit necessary documents. <Amended on Aug. 13, 2012>
Article 5(Procedures for revocation of designation of traditional temples) #
In order to revoke the designation of a traditional temple pursuant to Article 5 (2) of the Act, the Minister of Culture, Sports and Tourism shall hear the opinions of temple-related experts pursuant to Article 3 (4). <Amended on Feb. 29, 2008>
Article 6(Designation of traditional temple preservation zone and modification and revocation of designation) #
(1) Where the chief monk of a traditional temple designated and registered pursuant to Article 4 of the Act requests the Mayor/Do Governor to designate a traditional temple preservation zone pursuant to Article 6 (1) of the Act, he or she shall submit a topographical map indicating the cadastral record of an area that is deemed necessary to be designated as a traditional temple preservation zone, and the Mayor/Do Governor shall examine the relevant topographical map and designate an area needed to preserve the traditional temple as a traditional temple preservation zone. <Amended on Aug. 13, 2012>
(2) If the Mayor/Do Governor discovers any of the following facts when conducting an examination pursuant to paragraph (1), he or she may request the chief monk of the relevant traditional temple to make corrections:
1. In case where the topographic map is incorrect;
2. In case where the required area is not included;
3. In case where an area that is not required is included.
(3) If the Mayor/Do Governor intends to modify or revoke the designation of a traditional temple preservation zone pursuant to Article 6 (2) of the Act, he or she shall examine a topographical map indicating the cadastral records of the relevant area, and modify or revoke the designation of a traditional temple preservation zone, and give public notice of such fact. <Added on Aug. 13, 2012>
[Title Amended on Aug. 13, 2012]
Article 7(Acts permitted in traditional temple preservation zones) #
The acts allowed in the traditional temple preservation zone according to the proviso of Article 6 (3) of the Act are as follows. In this case, if the allowed act is required to go through the procedures such as authorization, permission, and reporting according to other statutes and regulations, the acts shall go through the procedures first: <Amended on Aug. 13, 2012>
1. Sale of goods related to the Buddhist culture, such as Buddhist ritual items, Buddhist books, Buddhist paintings, calligraphy and photographs, and Buddhist craft goods, and the local souvenirs produced at temples;
2. Sale of products related to traditional culture, such as traditional Korean paper Hanji and traditional patterns, and operation of traditional tea houses;
3. Operation of convenience facilities for the religious practice, education, propagation, welfare, etc. of Buddhists.
Article 8(Composition and operation of traditional temple preservation committee) #
(1) In cases where the Mayor/Do Governor commissions the members of the Traditional Temple Preservation Committee (hereinafter referred to as the "Committee") under Article 7 (2) of the Act, he or she shall ensure that at least 5 members of the Committee are the chief monk of a traditional temple or another temple under its jurisdiction, or other persons with abundant knowledge and experience in Buddhist culture and national Buddhist heritage. <Amended on May. 7, 2024>
(2) The term of office of the Committee members, including the chairperson, shall be 2 years.
(3) The chairperson shall represent the Committee and convene and preside over the meeting; provided, if the chairperson is unable to attend the meetings due to unavoidable reasons, a senior member from among the Committee members shall act on behalf of the chairperson.
(4) A meeting of the Committee shall be held with the attendance of a majority of all incumbent members, and any decision thereof shall require the concurring vote of a majority of those present.
(5) The Committee shall have one executive secretary, who shall be appointed by the Mayor/Do Governor from among public officials under his/her jurisdiction.
(6) Other matters necessary for the operation of the Committee shall be determined by the chairperson after deliberation by the Committee.
Article 9(Procedures for application for permission) #
(1) The chief monk of a traditional temple who intends to obtain permission under Article 9 (1) of the Act shall submit an application form for permission and attached documents to the competent Mayor/Do Governor.
(2) Upon receipt of an application form for permission filed under paragraph (1), the Mayor/Do Governor shall submit it to the Minister of Culture, Sports and Tourism along with a letter of opinion on permission. <Amended on Feb. 29, 2008>
Article 10(Designation of historical and cultural preservation zones of traditional temples and modification and revocation of designation) #
(1) The scope of designation of a historical and cultural preservation zone for traditional temples (hereinafter referred to as "historical and cultural preservation zone") under Article 10 (1) of the Act shall be within 300 meters from the boundary of the outskirts of the traditional temple preservation zone. <Amended on Aug. 13, 2012; Dec. 9, 2014>
(2) If the Mayor/Do Governor intends to designate a historical and cultural preservation zone, he or she shall hear the opinions of local residents and the chief monk of a traditional temple before undergoing deliberation by the Traditional Temple Preservation Committee pursuant to Article 10 (2) of the Act. <Added on Dec. 9, 2014>
(3) If the Mayor/Do Governor intends to designate and give public notice of a historical and cultural preservation zone, he or she shall give public notice of the designation, including a drawing of a topographical map of the historical and cultural preservation zone. <Amended on Dec. 9, 2014>
(4) In Article 10 (3) of the Act, “business prescribed by Presidential Decree” refers to any of the following businesses: <Amended on Jun. 9, 2009; Dec. 9, 2014>
1. Construction of roads and railways;
2. Construction of buildings or other structures;
3. Change of the form and quality of land;
4. Extraction of soil and stones;
5. Modification of the use of all or part of the existing building to any of the following purposes:
a. General restaurants, karaoke bars, or entertainment bars among the food service business under the Food Sanitation Act;
b. Karaoke business under the Music Industry Promotion Act.
(5) A business plan under Article 10 (3) of the Act shall include the following matters: <Amended on Dec. 9, 2014>
1. Purpose of business;
2. Area prearranged for the implementation of business;
3. Business scale and business period;
4. Use of buildings or structures.
(6) If the Mayor/Do Governor intends to alter or revoke the designation of a historical and cultural preservation zone pursuant to Article 10 (5) of the Act, he or she shall give public notice of such fact (including a drawing of a topographical map of the historical and cultural preservation zone). <Added on Aug. 13, 2012; Dec. 9, 2014>
Article 11(Scope of support for survey, research, and cultural events) #
The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may support any of the following survey, research, and cultural events pursuant to Article 10-2 (1) of the Act, within budgetary limits: <Amended on May. 7, 2024>
1. Survey and research for the maintenance and restoration of traditional temples and cultural and natural heritage in their possession;
2. Survey and research for utilizing traditional temples and their cultural and natural heritage;
3. Cultural events deemed necessary by the Minister of Culture, Sports and Tourism to preserve traditional temples and their cultural and natural heritage.
[This Article Wholly Amended on Aug. 13, 2012]
Article 11-2(Matters of notification) #
In accordance with Article 15-2 of the Act, if any cause specified in any subparagraph of that Article occurs, the chief monk of a traditional temple shall state the fact and circumstances in a letter of notice and send it to the Mayor/Do Governor.
[This Article Added on Aug. 13, 2012]
Article 12(Management of subsidies) #
The application and payment of subsidies pursuant to Article 19 of the Act shall be governed by the Subsidy Management Act. <Amended on Aug. 13, 2012>
Article 13(Submission of matters for permission for change of current status of cultural heritage) #
Where the chief monk of a traditional temple is deemed to have obtained permission under Article 9-2 (1) 1 of the Act pursuant to Article 20 of the Act, he or she shall submit 1 copy of a written permission to change the current status to the competent Mayor/Do Governor. <Amended on Aug. 13, 2012>
[Title Amended on May. 7, 2024]
Article 14(Format) #
The format and required documents for an application form and others pursuant to this Decree shall be prescribed and publicly notified by the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008>
Article 15(Re-examination of regulation) #
The Minister of Culture, Sports and Tourism shall examine the appropriateness of the scope, etc. of designation of a historical and cultural preservation zone of a traditional temple under Article 10 every 3 years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. <Amended on Dec. 30, 2016>
[This Article Added on Dec. 9, 2014]