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ENFORCEMENT DECREE OF THE ACT ON PROTECTION AND INVESTIGATION OF BURIED HERITAGE — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE ACT ON PROTECTION AND INVESTIGATION OF BURIED HERITAGE

ENFORCEMENT DECREE OF THE ACT ON PROTECTION AND INVESTIGATION OF BURIED HERITAGE

대통령령일부개정시행 2025-08-01국가유산청 · 제35678호 · 공포 2025-07-29

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe the matters mandated by the Act on Protection and Investigation of Buried Heritage and matters necessary for the enforcement thereof. <Amended on May 7, 2024>

Article 2(Definition of buried heritage) #

"Objects deemed to have outstanding geological value under Presidential Decree" in subparagraph 3 of Article 2 of the Act on Protection and Investigation of Buried Heritage (hereinafter referred to as the "Act") are as specified in Appendix 1. <Amended on May 7, 2024>

[Title Amended on May. 7, 2024]

Article 3(Scope of areas of buried heritage) #

(1) Areas in which any buried heritage is deemed to exist (hereinafter referred to as "areas of buried heritage") under Article 4 of the Act are as follows: <Amended on Dec. 30, 2014; May 26, 2020; May 7, 2024; Aug. 13, 2024; Feb. 13, 2025>

1. An area indicated in the cultural relic distribution maps drawn by the State and local governments to contain any buried heritage;

1-2. An area indicated as where buried heritage exists on a report on the ground surface survey that is submitted under Article 5-3 (1) of this Decree and deemed by the Administrator of the Korea Heritage Service as appropriately prepared, among the reports on the ground surface survey results under Article 6-2 (1) of the Act (hereinafter referred to as "ground surface survey by the State, etc.") (hereinafter referred to as "ground surface survey report");

2. An area indicated as having buried heritage in an assessment report which is submitted under Article 11 (1) of the Act on the Assessment of Impacts on National Heritage and the review results of which is notified by the Administrator of the Korea Heritage Service under Article 13 (1) of that Act;

3. An area where any buried heritage excavated therefrom is preserved under Article 14 of the Act;

4. An area where any buried heritage is deemed to exist after the discovery report and verification procedure conducted under Article 17 of the Act;

Article 5-4(Review of ground surface survey report) #

(1) The Administrator of the Korea Heritage Service may, in order to review whether a ground surface survey report has been properly prepared pursuant to Article 9 (1) of the Act, hear opinions of experts related to buried heritage or conduct an on-site survey; in such cases, the expert on the buried heritage refers to a person who has obtained a degree related to the excavation, investigation, etc. of buried heritage and falls under any of the following subparagraphs:

1. A person who serves as the head of an investigation team, responsible inspector, or inspector at an investigation agency;

2. A teacher who works for a school defined in Article 2 of the Higher Education Act in a position of assistant professor or higher;

3. A curatorial research officer or a curatorial researcher who holds office in any of the following institutions:

(a) National museums or public museums under subparagraph 1 or 2 of Article 3 (1) of the Museum and Art Gallery Support Act;

(b) National Research Institute of Cultural Heritage or National Research Institute of Maritime Heritage;

(c) Science museums defined in subparagraph 1 of Article 2 of the Act on Establishment, Operation and Promotion of Science Museums;

4. A member or an expert member of any of the following committees:

(a) The Cultural Heritage Committee under Article 8 of the Act on Conservation and Utilization of Cultural Heritage (hereinafter referred to as the "Cultural Heritage Committee") or the City/Do Cultural Heritage Committee under Article 71 of the same Act (hereinafter referred to as the "City/Do Cultural Heritage Committee");

(b) The Natural Heritage Committee established under Article 7-2 of the Act on Conservation and Utilization of Natural Heritage (hereinafter referred to as the "Natural Heritage Committee") or the City/Do Committee on Natural Heritage established under Article 41-2 of the same Act (hereinafter referred to as the "City/Do Natural Heritage Committee").

(2) The Administrator of the Korea Heritage Service may request the head of a local government having jurisdiction over the relevant area subject to the ground surface survey to submit his or her opinions on the ground surface survey report, if necessary for reviewing whether the ground surface survey report has been properly prepared under Article 9 (1) of the Act. There is. In such cases, the head of the relevant local government shall submit his or her opinions to the Administrator of the Korea Heritage Service within 7 days from the date he or she receives the request.

(3) The Administrator of the Korea Heritage Service shall notify an institution that has submitted the ground surface survey report and the head of the competent local government of the results of review of the ground surface survey report, within 30 days from the date of receipt of the ground surface survey report under Article 7 (2) of the Act.

(4) The Administrator of the Korea Heritage Service may disclose a report on the results of a ground surface survey with the consent of the head of a central administrative agency or the head of a local government who has conducted such ground surface survey.

[This Article Added on Feb. 13, 2025]

Article 8(Methods for permitting excavation) #

(1) The Administrator of the Korea Heritage Service shall determine whether to grant an excavation permit for any of the following projects that are specified in the subparagraphs of Article 11 (1) of the Act, after deliberation by the Cultural Heritage Committee or the Natural Heritage Committee: <Amended on Aug. 3, 2015; May. 7, 2024; Feb. 13, 2025>

1. Construction works implemented over the State-designated cultural heritage defined in Article 2 (3) 1 of the Act on Conservation and Utilization of Cultural Heritage, the City/Do-designated cultural heritage defined in subparagraph 2 of that paragraph, and construction works implemented in the protection zone under paragraph (5) of that Article;

1-2. Construction works carried out over natural monuments under subparagraph 2 of Article 2 of the Act on Conservation and Utilization of Natural Heritage, scenic spots under subparagraph 3 of that Article, City/Do natural heritage under subparagraph 4 of that Article, and in the protection zones under subparagraph 7 of that Article;

1-3. Construction works implemented in a historical and cultural environment preservation and promotion district or a historical and cultural environment special preservation district designated under Article 10 (1) of the Special Act on the Preservation and Promotion of Ancient Cities.

2. A project where impartiality in conducting the relevant affairs is likely to be impaired in view of the relationship between an investigation agency and a person who intends to obtain an excavation permit in relation to investment, etc.;

3. A project where excavation takes at least 200 days;

4. If excavation period, excavation costs, or human resources participating in excavation significantly fall short of the service pricing standards determined by the Administrator of the Korea Heritage Service under Article 27 of the Act, thereby increasing the likelihood of poor performance in the excavation and investigation (referring to detailed excavation survey, trial excavation survey, and sample survey; hereinafter the same shall apply) of buried heritage.

(2) Where it is inevitable to excavate buried heritage due to the high risk of destruction, the implementer of the relevant construction works shall obtain an excavation permit from the Administrator of the Korea Heritage Service in accordance with Article 11 (1) 3 of the Act. <Amended on May 7, 2024>

(3) When the Administrator of the Korea Heritage Service grants an excavation permit under Article 11 of the Act, he or she shall give notice of details thereof simultaneously to both the applicant and the head of a local government having jurisdiction over the relevant project site. <Amended on May 7, 2024>

Article 9(Revocation of permission) #

(1) Where the Administrator of the Korea Heritage Service grants an excavation permit under the proviso, with the exception of the subparagraphs, of Article 11 (1) or Article 11 (2) of the Act, he or she may attach additional clauses as necessary for accomplishing the purpose of permission, such as the time of effectuation of the permission following the acquisition of rights to the relevant land. <Amended on May 7, 2024>

(2) If the implementer of construction works to whom an excavation permit has been granted under the proviso, with the exception of the subparagraphs, of Article 11 (1), or Article 11 (2) of the Act breaches any term or condition of the permission (including additional clauses) or any requirement with which the implementer shall comply in excavation or violates any instruction, the Administrator of the Korea Heritage Service may revoke the permission. <Amended on May 7, 2024>

(3) Deleted. <Aug. 13, 2024>

(4) If the occurrence of any of the following events makes it impossible to continue the excavation of buried heritage, the Administrator of the Korea Heritage Service may issue an order to discontinue or suspend excavation for a period specified in Article 11 (2) of the Act: <Amended on May 7, 2024>

1. Where any academically important relic or remain is excavated;

2. Where the investigation agency changes or reduces human resources of the excavation and investigation team during excavation and investigation.

(5) If the head of a local government having jurisdiction over the relevant project site becomes aware of a breach or a violation referred to in paragraph (2) or the occurrence of any of the events referred to in paragraph (4), he or she may request the Administrator of the Korea Heritage Service to discontinue or suspend excavation or revoke the permission. <Amended on May 7, 2024>

(6) When the Administrator of the Korea Heritage Service issues an order to discontinue or suspend excavation or revokes an excavation permit, he or she shall notify the head of a local government having jurisdiction over the relevant project site thereof. <Amended on May 7, 2024>

Article 10(Scope of construction works eligible for subsidization for expenses of excavation) #

"Construction works prescribed by Presidential Decree" in the proviso of Article 11 (3) of the Act means the following construction works; provided, construction works implemented by the State, a local government, a public institution under the Act on the Management of Public Institutions, a local public enterprise under the Local Public Enterprises Act, a corporation with a capital at least 1/2 of which has been invested by a local government-funded public corporation under the Local Public Enterprises Act within the scope by which such public corporation is permitted to invest under Article 47-2 of the Enforcement Decree of the same Act, the Korean Broadcasting System under the Broadcasting Act, or the Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act shall be excluded herefrom: <Amended on Dec. 22, 2015; Aug. 11, 2016; Dec. 24, 2018; Mar. 17, 2020; May 7, 2024; Aug. 13, 2024>

1. Construction works for a detached house under subparagraph 1 of Appendix 1 of the Enforcement Decree of the Building Act, where the area of the building site does not exceed 792 square meters; provided, construction works implemented by a housing construction business operator registered under Article 4 (1) of the Housing Act shall be excluded herefrom;

2. Construction works for a structure installed by a farmer defined in subparagraph 2 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry or a fisher defined in subparagraph 3 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development, in order to utilize it for his or her business purposes, where the area of the building site does not exceed 2,644 square meters;

3. Construction works for a structure installed by a sole proprietor in order to utilize it for his or her business purposes, where the total floor area of the building does not exceed 264 square meters, while the area of the building site does not exceed 792 square meters;

4. Construction works for a factory defined in subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act, the site area of which does not exceed 2,644 square meters;

5. Other construction works publicly notified by the Administrator of the Korea Heritage Service as deemed necessary to subsidize the excavation of buried heritage.

Article 14-4(Report on excavated materials) #

(1) "Historical and academic data prescribed by Presidential Decree, such as human bones and mummies" in Article 14-2 (1) of the Act means any of the following materials, which have the value of research and preservation in light of the background of excavation, remaining conditions and rarity (hereafter in this Article referred to as "excavated materials"):

1. Human materials, such as human bones and mummies;

2. Animal bones;

3. Timber or herbs.

(2) Where a person who has obtained an excavation permit pursuant to Article 11 of the Act makes a report under Article 14-2 (1) of the Act, he or she shall submit a document including the following matters to the Administrator of the Korea Heritage Service: <Amended on May 7, 2024>

1. Background of the excavation;

2. Data concerning the current status of the excavated materials including photographs;

3. The remaining conditions and the rarity of the excavated materials;

4. Necessity for the research and preservation of the excavated materials;

5. The written opinion of the investigation agency (limited to cases where a person who has obtained an excavation permit is different from the investigation agency which directly performs the excavation).

(3) "Important data prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 14-2 (2) of the Act means any of the following data (hereinafter referred to as "important excavated data"):

1. Data useful for presuming the culture, life, environment, etc. of the time;

2. Data highly useful for exhibitions, education, etc. through restoration and preservation.

(4) Relevant experts from whom the Administrator of the Korea Heritage Service can receive advice pursuant to Article 14-2 (4) of the Act shall be the following persons who hold a master's or higher degree in the fields related to excavated materials, such as medical science, anthropology, animal and botany, etc.: <Amended on May 7, 2024; Aug. 13, 2024; Feb. 13, 2025>

1. A teacher working for a school prescribed in Article 2 of the Higher Education Act as at least an assistant professor;

2. A senior curator or a curator working for an agency referred to in each item of Article 5-4 (1) 3;

3. A member or expert member of the Cultural Heritage Committee, City/Do Cultural Heritage Committee, Natural Heritage Committee, or City/Do Natural Heritage Committee.

4. A person who has worked in the relevant field for at least 10 years after obtaining a master's degree or higher in a field related to excavated materials, such as medicine, anthropology, or fauna and flora.

[This Article Added on Jul. 19, 2022]

Article 14-6(Subjects and scope of subsidization for expenses incurred by conservation measures) #

(1) The objects eligible for subsidies to cover expenses under Article 14-3 (1) of the Act shall be as specified in the following subparagraphs; provided, construction works implemented by the State, a local government, a public institution under the Act on the Management of Public Institutions, a local public enterprise under the Local Public Enterprises Act, and a corporation, at least 1/2 of the capital of which is invested by a local government-invested public corporation under the Local Public Enterprises Act within the limit of investigation specified the Enforcement Decree of the same Act, the Korea Broadcasting System under the Broadcasting Act, or the Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act shall be excluded herefrom: <Amended on Mar. 25, 2025>

5. Other construction works that are supported by the local government and prescribed by Municipal Ordinance of the local government.

(2) The State or local governments may subsidize the relevant person to cover all or part of the expenses incurred in implementing the following measures within budget under Article 14-3 (1) of the Act: <Amended on Mar. 25, 2025>

1. Preservation measures, such as pile-up of soil and planting of grass to protect remains;

2. Dismantling, transporting, and re-installation of remains;

3. Survey, design, or installation of facilities such as protective fences and information boards to implement measures under subparagraph 1 or 2.

4. Other construction works that are supported by the local government and prescribed by Municipal Ordinance of the local government with respect to the implementation of preservation measures.

[This Article Added on Aug. 13, 2024]

Article 28(Methods for purchasing land) #

(1) "A corporation prescribed by Presidential Decree" in the proviso of Article 26 (1) of the Act means any of the following corporations:

1. A public institution under the Act on the Management of Public Institutions, which is a corporation;

2. A local government-funded public corporation or a local government public corporation under the Local Public Enterprises Act;

3. A corporation with a capital at least one half of which has been invested by a local government-funded public corporation under the Local Public Enterprises Act within the scope by which such public corporation is permitted to invest under Article 47-2 of the Enforcement Decree of that Act;

4. The Korean Broadcasting System under the Broadcasting Act;

5. The Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act.

(2) Land, etc. to be purchased under Article 26 (1) of the Act shall be as follows: <Added on Jun. 1, 2021>

1. Land for which an on-site preservation measure (hereinafter referred to as "land to be preserved on site") is taken under Article 14 (1) 1 of the Act;

2. Land adjacent to the land to be preserved on site, which meets all of the following requirements:

(a) The land shall be owned by the owner of the land to be preserved on site;

(b) The land to be preserved on site shall fall under any of the following cases where it is purchased pursuant to Article 26 (1) of the Act:

(i) A site at which it is impossible or substantially impracticable to construct a building because the area of the site is too small to be used as a building site or is in an irregular shape;

(ii) A farmland where farming is virtually impracticable because the remaining land is too narrow and long for agricultural machines to enter or turn around or is in an irregular shape.

(3) The Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the timing of, methods, basis, etc. for the calculation of the price of land, where it intends to purchase land, etc. under the main clause of Article 26 (1) of the Act. <Amended on Jun. 1, 2021>

[Title Amended on Jun. 1, 2021]

Article 32(Delegation and entrustment of authority) #

(1) Pursuant to Article 29 (1) of the Act, the Administrator of the Korea Heritage Service shall delegate his or her authority over the following matters to the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, or Special Self-Governing Province Governor: <Amended on Aug. 3, 2015; Aug. 27, 2019; Mar. 17, 2020; Sep. 26, 2023; May 7, 2024>

1. Deleted; <Feb. 13, 2025>

2. Deleted; <Feb. 13, 2025>

3. Public announcement of discovered or excavated national heritage under Article 22 of the Act.

(2) The Administrator of the Korea Heritage Service shall delegate the following authority to the President of the National Research Institute of Cultural Heritage pursuant to Article 29 (1) of the Act: <Amended on Jul. 19, 2022; Sep. 26, 2023; May 7, 2024; May 14, 2024>

1. Measures for research and preservation of important excavated materials under Article 14-2 (2) of the Act;

2. Evaluation of an excavation report and request for evaluation by specialized institutions under Article 15 (3) of the Act.

(3) Pursuant to Article 29 (1) of the Act, the Administrator of the Korea Heritage Service may delegate his or her authority over the appraisal, notification, and return under Article 19 (2) of the Act to the President of the National Palace Museum of Korea, the President of the National Research Institute of Cultural Heritage, and the President of the National Research Institute of Maritime Heritage. <Amended on Feb. 22, 2022; Jul. 19, 2022; May 14, 2024>

(4) Pursuant to Article 29 (2) of the Act, the Administrator of the Korea Heritage Service may entrust the following business affairs to a corporation incorporated under Article 32 of the Civil Act to engage in the business related to such business affairs: <Amended on Jul. 19, 2022; May 7, 2024>

1. Publicizing the outcomes of the investigation and excavation of buried heritage;

2. Publicizing the importance of protecting buried heritage;

3. Publishing research outcomes on buried heritage;

4. Training human resources specialized in buried heritage;

5. Other matters related to the investigation, excavation, and protection of buried heritage.

ENFORCEMENT DECREE OF THE ACT ON PROTECTION AND INVESTIGATION OF BURIED HERITAGE

Article 1(Purpose) #

Article 2(Definition of buried heritage) #

Article 3(Scope of areas of buried heritage) #

Article 4 #

Article 5 #

Article 5-2(Methods and procedures for ground surface survey by the State, etc.) #

Article 5-3(Submission of ground surface survey report) #

Article 5-4(Review of ground surface survey report) #

Article 6 #

Article 7(Protection of buried heritage areas) #

Article 8(Methods for permitting excavation) #

Article 9(Revocation of permission) #

Article 10(Scope of construction works eligible for subsidization for expenses of excavation) #

Article 10-2(Changes to excavation permits) #

Article 11(Application for excavation permit and restriction thereon) #

Article 11-2(Examination of excavation sites) #

Article 12(Procedure for excavation of buried heritage by the State) #

Article 13(Reporting of completion of excavation) #

Article 14(Assessment of measures taken to preserve excavated, buried heritage) #

Article 14-2(Public notice of conservation measures for buried heritage) #

Article 14-3(Cancellation of preservation measures) #

Article 14-4(Report on excavated materials) #

Article 14-5(Designation of specialized institution for important excavated data) #

Article 14-6(Subjects and scope of subsidization for expenses incurred by conservation measures) #

Article 15(Submission of excavation and investigation reports) #

Article 16(Methods for permission for changes in status quo of buried heritage) #

Article 17(Reporting of discovery) #

Article 18(Procedure for ascertainment of ownership of cultural heritage reported discovered) #

Article 19(Scope of State attribution of discovered and notified national heritage) #

Article 20(Formulation of regulations on management of cultural heritage reverted to State) #

Article 21(Lease of national heritage reverted to State) #

Article 22(Disposal of national heritage not subject to reversion to State) #

Article 23(Rewards for reported discovery of national heritage) #

Article 24(Procedures for paying compensation and rewards) #

Article 25(Public announcement of buried heritage) #

Article 26(Ascertainment of ownership of national heritage discovered or excavated from investigation of national heritage and reversion to the State) #

Article 27(Revocation of registration and suspension of business of investigation agencies) #

Article 27-2(Guidance to and supervision of investigation agencies) #

Article 27-3(Education for investigation personnel) #

Article 28(Methods for purchasing land) #

Article 29(Public notification of standards for price of buried heritage survey services) #

Article 30(Maintenance and management of records of buried heritage) #

Article 31(Measures to protect buried heritage) #

Article 32(Delegation and entrustment of authority) #

Article 33(Processing personally identifiable information) #

Article 34 #

Article 35(Criteria for imposition of administrative fines) #