ENFORCEMENT DECREE OF THE ACT ON THE SAFEGUARDING AND PROMOTION OF INTANGIBLE HERITAGE

Article 1(Purpose) #

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

Article 2(Definitions) #

(1) "Intrinsic features prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on the Safeguarding and Promotion of Intangible Heritage (hereinafter referred to as the "Act") means intrinsic techniques, forms, and knowledge that should be transmitted, maintained, and practiced throughout several generations. <Amended on May 7, 2024>

(2) "Person who is able to master and practice intangible heritage as the archetype of that intangible heritage, as prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Act means a person who is able to master and practice intangible heritage as the archetype of that intangible heritage, upon meeting requirements and complying with formalities under Article 16 (1), (4), and (5).

(3) "Group that is able to master and practice intangible heritage as the archetype of that intangible heritage, as prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means a group that is able to master and practice intangible heritage as the archetype of that intangible heritage, upon meeting requirements and complying with formalities under Article 16 (1), (2), (4), and (5).

Article 3(Formulation of action plans) #

(1) Each action plan formulated under Article 8 (1) of the Act (hereinafter referred to as "action plan") shall include the following: <Amended on May 7, 2024>

1. Direction-setting for implementing projects in the relevant year;

2. Policies for implementing each major project;

3. A detailed plan for each major project;

4. Other matters necessary for the safeguarding and promotion of intangible heritage.

(2) The Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall present an action plan for the relevant year and the results of implementing the action plan in the preceding year, to the Administrator of the Korea Heritage Service by January 31 each year, pursuant to Article 8 (2) of the Act. <Amended on May 7, 2024>

(3) The Administrator of the Korea Heritage Service and each Mayor/Do Governor shall publicly announce their respective action plans for the relevant year on the website of the relevant agency by the end of February each year, pursuant to Article 8 (3) of the Act. <Amended on May 7, 2024>

Article 4(Composition of Intangible Heritage Committee) #

(1) The chairperson of the Intangible Heritage Committee (hereafter in this Article through Article 7, referred to as "chairperson") established under Article 9 (1) of the Act (hereinafter referred to as the "Committee") shall represent the Committee and exercise general supervision over its affairs. <Amended on May 25, 2021; May 7, 2024>

(2) The Committee shall have a vice chairperson, who shall be elected from among and by its members.

(3) Where the chairperson of the Committee is unable to perform his or her duties for any unavoidable reason, the vice chairperson shall act on behalf the chairperson; where both the chairperson and the vice chairperson are unable to perform their duties for any unavoidable reason, members of the Committee (hereafter in this Article through Article 7, referred to as "member") shall act on behalf of the chairperson and the vice chairperson, in order of seniority. <Amended on May 25, 2021>

[Title Amended on May 7, 2024]

Article 5(Exclusion of, challenge to, and refrainment by member) #

(1) A member shall be excluded from deliberating on and determining an agenda item in any of the following circumstances:

1. If the member or his or her current or former spouse is a party to the agenda item (where the relevant person is a corporation, organization, etc., including its executive officer; the same shall apply hereafter in this subparagraph and subparagraph 2), or the member holds any right or obligation jointly with the related party to the agenda item;

2. If the member is or was a relative of a party to the agenda item;

3. If the member has given testimony, made a statement, given advice, conducted research, provided service or conducted an appraisal regarding the agenda item;

4. If the member, or corporation to which the member belongs, is the current or former agent of a party to the agenda item.

(2) Where the circumstances indicate that it would be impractical to expect fair deliberations or determinations from a member, any party may file with the Committee an application for a challenge to the member, and the Committee shall decide on the challenge by resolution. In such cases, the member subject to challenge shall not participate in such resolution.

(3) Upon the occurrence of any of the causes for exclusion provided for in the subparagraphs of paragraph (1), a member shall voluntarily refrain from deliberating on or determining the relevant agenda item.

Article 6(Dismissal of members) #

The Administrator of the Korea Heritage Service may dismiss a member in any of the following circumstances: <Amended on May 7, 2024>

1. If the member becomes unable to perform his or her duties due to a mental disorder;

2. If the member engages in any misconduct in relation to his or her duties;

3. If the member is deemed unfit as a member due to neglect of duties, loss of dignity, or for other reasons;

4. If the member fails to refrain voluntarily upon the occurrence of any of the causes provided for in the subparagraphs of Article 5 (1);

5. If the member indicates that it is difficult for him or her to perform his or her duties of his or her own accord.

Article 7(Meetings of Committee) #

(1) The chairperson shall convene and preside over meetings of the Committee.

(2) Deleted. <May 25, 2021>

(3) A majority of the members shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on May 25, 2021>

Article 8(Subcommittees) #

(1) The Committee may organize and operate subcommittees where necessary for professional and efficient deliberation.

(2) The chairperson of the Committee shall appoint members of subcommittees from among the members of the Committee and experts in the relevant fields. <Amended on May 25, 2021>

Article 9(Technical experts) #

(1) Technical experts referred to in Article 9 (5) of the Act (hereinafter referred to as "technical experts") shall not exceed 50 persons.

(2) The Administrator of the Korea Heritage Service shall appoint technical experts from among the following persons, giving due consideration to gender: <Amended on May 7, 2024>

1. A person who is or was an assistant professor or higher at the faculty related to intangible heritage in a university or college referred to in Article 2 of the Higher Education Act or at the Korea National University of Cultural Heritage established under the Act on the Establishment of the Korea National University of Cultural Heritage;

2. A person who has been engaged in business related to the safeguarding and promotion of intangible heritage for at least 5 years.

(3) The term of office of technical experts shall be two years; provided, the term of office of technical experts newly appointed to fill a vacancy occurring due to resignation, or for other reasons, shall be the remaining term of his or her predecessor.

(4) The Administrator of the Korea Heritage Service may dismiss a technical expert if the technical expert falls under any subparagraph of Article 6: <Amended on May 7, 2024>

Article 10(Administrative secretary) #

(1) An administrative secretary and a secretary shall be appointed to the Committee to conduct its administrative affairs.

(2) An administrative secretary and a secretary shall be appointed by the Administrator of the Korea Heritage Service from among public officials belonging to the Korea Heritage Service. <Amended on May 7, 2024>

Article 11(Allowances) #

Allowances may be paid to members, technical experts, and experts who attend meetings of the Committee within budgetary limits; provided, the foregoing shall not apply where a public-official member attends a meeting of the Committee in direct relation to his or her duties.

Article 11-2(Composition and operation of sectional committees) #

(1) The sectional committees established under the Committee pursuant to Article 10 (2) of the Act and the areas of responsibility shall be as follows: <Amended on May 7, 2024>

1. Sectional committees on traditional arts: Matters concerning intangible heritage pursuant to subparagraph 1 (a) of Article 2 of the Act;

2. Sectional committees on traditional technology: Matters concerning intangible heritage pursuant to subparagraph 1 (b) of Article 2 of the Act;

3. Sectional committees on traditional knowledge: Matters concerning intangible heritage pursuant to subparagraph 1 (c) through (g) of Article 2 of the Act.

(2) Each sectional committee under paragraph (1) (hereinafter referred to as "sectional committee") shall consist of not more than 10 members, including one chairperson.

(3) Members of the sectional committees shall be appointed by the chairperson of the Committee, among the members of the Committee. In such cases, if deemed necessary, a member may be appointed to work for two or more sectional committees.

(4) The chairperson of a sectional committee shall be elected from among and by the members of the sectional committee.

(5) Where the chairperson of a sectional committee is unable to perform his or her duties due to any unavoidable reason, members of the sectional committee shall act on behalf of the chairperson in order of seniority.

(6) Except as provided in paragraphs (1) through (5), Articles 5 through 8, 10 and 11 shall apply mutatis mutandis to the composition and operation of sectional committees, respectively.

[This Article Added on May 25, 2021]

Article 11-3(Composition and operation of joint sectional committees) #

(1) The chairperson of a joint sectional committee pursuant to Article 10 (3) of the Act (hereinafter referred to as "joint sectional committee") shall be elected from among and by the members of the joint sectional committee.

(2) Except as provided in paragraph (1), Articles 5 through 8, 10 and 11 shall apply mutatis mutandis to the composition and operation of joint sectional committees, respectively.

[This Article Added on May 25, 2021]

Article 12(Non-disclosure of minutes) #

"Circumstances prescribed by Presidential Decree, such as where disclosing the meeting minutes economically prejudices a specific person or invades the privacy of a specific person" in the proviso of Article 11 (2) of the Act means any of the following circumstances: <Amended on May 25, 2021; May 7, 2024>

1. Where the disclosure of personal information, such as the name and resident registration number of a member of the Committee, a sectional committee, a joint sectional committee or a subcommittee, a technical expert, a holder of national intangible heritage designated under Article 12 of the Act (hereinafter referred to as "national intangible heritage"), is likely to harm the proprietary interests of the relevant person or to invade the privacy or freedom of the relevant person;

2. Where the disclosure of any of the matters referred to in the subparagraphs of Article 10 (1) of the Act, which is being investigated and deliberated upon, is deemed to compromise the fair investigation or deliberation;

3. Where the disclosure of the minutes concerning the recognition, etc. of a holder of national intangible heritage, is deemed likely to defame the relevant person;

4. Where the disclosure of minutes is deemed likely to seriously compromise fair deliberation by the Committee.

Article 13(Detailed operational rules) #

Matters concerning the composition and operation of the Committee, sectional committees, joint sectional committees, and subcommittees shall be prescribed by the Administrator of the Korea Heritage Service, except as provided in this Decree. <Amended on May 25, 2021; May 7, 2024>

Article 14(Designation of national intangible heritage) #

(1) Intangible heritage eligible to be designated as national intangible heritage and criteria for the designation thereof shall be as specified in Appendix 1. <Amended on May 7, 2024>

(2) Where the Administrator of the Korea Heritage Service determines that the relevant intangible heritage is worthy of being designated as national intangible heritage after having reviewed an investigative report prepared under Article 34, the Administrator of the Korea Heritage Service shall give a prior notice of matters to be deliberated upon by the Committee, in the official gazette for at least 30 days. <Amended on May 7, 2024>

(3) The Administrator of the Korea Heritage Service shall determine whether to designate intangible heritage as national intangible heritage within 6 months from the expiration of the period for prior notice under paragraph (2), following deliberation thereon by the Committee. <Amended on May 7, 2024>

(4) The Administrator of the Korea Heritage Service shall follow the procedures under paragraphs (2) and (3) again, if the Administrator intends to re-determine whether to designate intangible heritage as national intangible heritage due to the failure to determine the designation thereof within the period specified in paragraph (3) for unavoidable reasons, such as an objection raised by any interested party. <Amended on May 7, 2024>

(5) The Administrator of the Korea Heritage Service shall prescribe and publicly notify the detailed indicators regarding the criteria for the designation of national intangible heritage under paragraph (1), the awarding of points, and other relevant matters. <Amended on May 7, 2024>

[Title Amended on May 7, 2024]

Article 15(Designation of national intangible heritage in need of urgent safeguarding) #

(1) The Administrator of the Korea Heritage Service may designate any of the following national intangible heritage as national intangible heritage in need of urgent safeguarding pursuant to Article 13 (1) of the Act: <Amended on May 7, 2024>

1. National intangible heritage in substantial danger of disappearance due to changes in an environment for transmission and living conditions;

2. National intangible heritage in which case no person or group eligible to be recognized as a holder or group holder exists for a substantial period;

3. National intangible heritage, the transmission of which is impossible or impracticable because its archetype as national intangible heritage is substantially lost.

(2) Article 14 (2) through (4) shall apply mutatis mutandis to procedures for the designation of national intangible heritage in need of urgent safeguarding; provided, if it is necessary to safeguard national intangible heritage urgently, the Administrator of the Korea Heritage Service may shorten the period required for the designation thereof, or omit some procedures for the designation thereof, following deliberation thereon by the Committee. <Amended on May 7, 2024>

(3) Where it is necessary to safeguard intangible heritage urgently, the Administrator of the Korea Heritage Service may simultaneously designate national intangible heritage pursuant to Article 12 (1) of the Act, and national intangible heritage in need of urgent safeguarding pursuant to Article 13 (1) of the Act. In such cases, the Administrator of the Korea Heritage Service may shorten the period required for the designation thereof, or omit some procedures for the designation thereof, following deliberation thereon by the Committee. <Amended on May 7, 2024>

(4) Except as provided in paragraphs (1) through (3), matters necessary for safeguarding and supporting national intangible heritage in need of urgent safeguarding, shall be determined by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>

[Title Amended on May 7, 2024]

Article 15-2(Public notice of designation and revocation of designation) #

Public notice of the following matters shall be given in the Official Gazette pursuant to Articles 14 (1) and 16 (2) of the Act: <Amended on May 7, 2024>

1. Title of national intangible heritage or national intangible heritage in need of urgent safeguarding;

2. Reasons for the designation or the revocation of the designation.

[This Article Added on May 25, 2021]

Article 16(Recognition of holders) #

(1) The Administrator of Korea Heritage Service may recognize a person or group that meets each of the following requirements as a holder or group holder of national intangible heritage, as prescribed by Article 17 of the Act: <Amended on May 7, 2024>

1. The person or group shall have the ability and means to transmit the relevant national intangible heritage;

2. The person or group shall have shown outstanding performance in transmitting the relevant national intangible heritage and have a strong commitment to the transmission thereof;

3. The person or group shall have contributed to transmitting the relevant national intangible heritage.

(2) A group holder referred to in paragraph (1) shall fall under any of the following: <Amended on May 7, 2024>

1. Where intangible heritage can be practiced only by a group due to the nature of technical skill, artistic skill, or knowledge of that intangible heritage;

2. Where several persons are eligible to be recognized as a holder of the relevant intangible heritage;

3. Where a number of residents practice technical skill, artistic skill, or knowledge of intangible heritage, by forming a group or community where that relevant intangible heritage is transmitted.

(3) "Where it is impracticable to recognize a holder or group holder of that national intangible heritage by the nature of such national intangible heritage, as prescribed by Presidential Decree" in the proviso of Article 17 (1) of the Act means where it is impracticable to recognize that only a specific person or specific group is able to master, safeguard, and practice the relevant national intangible heritage just like the archetype of that national intangible heritage, because the technical skill, artistic skill, or knowledge of such national intangible heritage, is part of the public domain or has become a custom. <Amended on May 7, 2024>

(4) Article 14 (2) through (4) shall apply mutatis mutandis to the recognition of a holder or group holder of national intangible heritage. In such cases, "national intangible heritage" shall be construed as "holder or group holder of national intangible heritage," and "designation" as "recognition," respectively. <Amended on May 7, 2024>

(5) The detailed standards for the recognition of the bearers or holding organizations of the national intangible heritage under paragraph (1) and the allocation, etc. by standards shall be determined and publicly notified by the Administrator of the National Heritage Administration. <Amended Jun. 21, 2022; May 7, 2024>

Article 17(Recognition of honorary holders) #

(1) Where the Administrator of the Korea Heritage Service intends to recognize a holder of national intangible heritage as an honorary holder pursuant to Article 18 (1) of the Act, the Administrator shall consider the following: <Amended on Jun. 25, 2019; May 7, 2024>

1. The period during which a holder of national intangible heritage has engaged in activities for transmitting intangible heritage and the outcomes of such activities;

2. Public presentations held by a holder of national intangible heritage, and outcomes of his or her successor training;

3. Sustainability of successor training or activities for transmitting intangible heritage by a holder of national intangible heritage.

(2) Where the Administrator of the Korea Heritage Service intends to recognize an instructor for successor training of national intangible heritage as an honorary holder pursuant to Article 18 (2) of the Act, the Administrator shall consider the following: <Amended on Jun. 25, 2019; Nov. 3, 2020; May 7, 2024>

1. Level of mastering and practicing technical skills, artistic skills, or knowledge of intangible heritage as the archetype thereof during activities for transmitting such intangible heritage and successor training;

2. Period and outcomes of providing successor training;

3. Sustainability of activities for providing successor training or transmitting intangible heritage.

(3) Where a holder of national intangible heritage or an instructor for successor training files an application for recognition as an honorary holder pursuant to Article 18 (1) 2 or (2) 2 of the Act, the application prescribed by Decree of the Ministry of Culture, Sports and Tourism may be checked in lieu of an investigation conducted under Article 53 (1) of the Act. <Added on Jun. 25, 2019; Nov. 3, 2020; May 7, 2024>

(4) Article 14 (2) through (4) shall apply mutatis mutandis to the recognition of honorary holders under paragraphs (1) and (2). In such cases, "national intangible heritage" shall be construed as "honorary holder," and "designation" as "recognition," respectively. <Amended on Jun. 25, 2019; May 7, 2024>

Article 18(Recognition of instructors for successor training) #

(1) The Administrator of the Korea Heritage Service shall first select the fields of national intangible heritage that requires assistant instructors to provide successor training, following deliberation thereon by the Committee, before recognizing assistant instructors for successor training pursuant to Article 19 (1) of the Act. <Amended on Nov. 3, 2020; May 7, 2024>

(2) The Administrator of the Korea Heritage Service may recognize a person who meets each of the following requirements as an instructor for successor training from among certified trainees in any of the fields selected pursuant to paragraph (1): <Amended on Nov. 3, 2020; May 7, 2024>

1. Any of the following persons:

(a) A person who has engaged in activities for transmitting intangible heritage for at least five years after being a certified trainee;

(b) A person who has engaged in activities for transmitting intangible heritage for at least one year after being a certified trainee for national intangible heritage with experience as a holder of City/Do intangible heritage or an instructor for successor training (limited to where the holder or group holder of City/Do intangible heritage is recognized as the holder or group holder of national intangible heritage);

2. The person or group shall have the ability and means to transmit the relevant national intangible heritage;

3. The person or group shall have shown outstanding performance in transmitting the relevant national intangible heritage and have a strong commitment to the transmission thereof;

4. The person or group shall have contributed to transmitting the relevant national intangible heritage.

(3) The detailed criteria for the recognition of an instructor for successor training under paragraph (2) and the allocation of points, etc. by criteria shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on Jun. 21, 2022; May 7, 2024>

[Title Amended on Nov. 3, 2020]

Article 18-2(Public notice of recognition or revocation of recognition) #

(1) Public notice of the following matters shall be given in the Official Gazette pursuant to Articles 20 (1) and 21 (2) of the Act: <Amended on May 7, 2024>

1. Reasons for the recognition or the revocation of the recognition;

2. Matters according to the following classification:

(a) A holder, honorary holder of or an instructor for successor training in national intangible heritage: Name and address (Si/Gun/Gu only);

(b) A group holder of national intangible heritage: Title, location of the main office, date of the establishment, name of the representative.

(2) Certificates of recognition under Article 20 (2) of the Act shall be classified based on groups to be recognized, and each of the certificates shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism.

[This Article Added on May 25, 2021]

Article 18-3(Issuance of certificate of holder of national intangible cultural heritage) #

Where the Administrator of the Korea Heritage Service provides a holder or group holder of national intangible heritage with a certificate of recognition pursuant to Article 20 (2) of the Act, the Administrator may issue a certificate of holder of national intangible heritage under attached Form 1 or a certificate of group holder of national intangible heritage under attached Form 2, each of which is presented by the President. <Amended on May 7, 2024>

[This Article Added on May 25, 2021]

[Title Amended on May 7, 2024]

Article 19(Revocation of recognition as successors) #

"Where other circumstances prescribed by Presidential Decree arise" in Article 21 (1) 9 of the Act means the following circumstances: <Amended on Nov. 3, 2020; May 7, 2024>

1. Where a group holder is dissolved;

2. Where an instructor for successor training is recognized as a holder of City/Do intangible heritage pursuant to Article 32 (2) of the Act;

3. Where a holder, group holder, honorary holder of or an instructor for successor training in national intangible heritage requests the revocation of recognition.

Article 19-2(Scope and procedures for inquiry of criminal records) #

(1) The scope of crimes subject to inquiry by criminal history inquiry under Article 21-2 (1) of the Act shall be as follows:

1. A crime satisfying the grounds for disqualification under subparagraph 1 of Article 19-2 of the Act;

2. Any crime specified in Article 21 (1) 2 of the Act.

(2) Where the Administrator of the Korea Heritage Service requests a criminal history inquiry pursuant to Article 21-2 (1) of the Act, he or she shall submit a written request for criminal history inquiry prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with a written consent of the person subject to the criminal history inquiry, to the Commissioner General of the Korean National Police Agency.

(3) Where the Commissioner General of the National Police Agency intends to notify the results of a request for criminal history inquiry pursuant to Article 21-2 (1) of the Act, he or she shall notify the results thereof in accordance with a written reply to criminal record inquiry prescribed by Decree of the Ministry of Culture, Sports and Tourism.

(4) In cases where the Administrator of the Korea Heritage Service requests the head of a group holder or related agency to provide necessary materials pursuant to Article 21-2 (2) of the Act, he or she shall do so in writing, specifying the name and list of the relevant materials, matters concerning the necessity of provision, methods of provision, deadline for provision, etc.\

(4) In cases where the Administrator of the Korea Heritage Service requests the head of a group holder or related agency to provide necessary materials pursuant to Article 21-2 (2) of the Act, he or she shall do so in writing, specifying the name and list of the relevant materials, matters concerning the necessity of provision, methods of provision, deadline for provision, etc.

Article 20(Regular inspections) #

Subject matter of the regular inspection conducted under Article 22 (1) of the Act shall be as follows: <Amended on Nov. 3, 2020; May 7, 2024>

1. Status of technical skills and artistic skills of holders and group holders of, and instructors for successor training in national intangible heritage;

2. Status of successor training and activities for transmitting intangible heritage;

3. Status of successors of national intangible heritage;

4. Status of the administration and management of subsidies and allowances provided for successor training pursuant to Article 25 (3) of the Act;

5. Status of successor training facilities.

Article 21(Exceptions to provision of successor training) #

"Cases prescribed by Presidential Decree" in the proviso of Article 25 (2) of the Act means any of the following cases:

1. Where it is impossible for a holder or group holder to provide successor training due to a disease or any other accidents;

2. Where a holder or group holder of intangible heritage is to conduct research or undergo training in a foreign college or research institute for at least one year.

Article 22(Provision of subsidies and allowances for successor training) #

(1) The Administrator of the Korea Heritage Service shall pay subsidies and allowances necessary for successor training pursuant to Article 25 (3) of the Act every month. <Amended on Nov. 3, 2020; Oct. 26, 2021; May 7, 2024>

(2) The Administrator of the Korea Heritage Service may suspend subsidies and allowances under Article 25 (3) of the Act in any of the following circumstances: <Amended on Nov. 3, 2020; May 7, 2024>

1. Where a holder or group holder of national intangible heritage fails, or becomes unable, to conduct successor training or fails to engage in activities for transmitting national intangible heritage without good cause;

2. Deleted; <Nov. 3, 2020>

3. Where a holder, group holder, or assistant instructor for successor training engages in misconduct, such as accepting a bribe, in relation to successor training or activities for transmitting national intangible heritage.

Article 22-2(Selection of and support for exemplary trainees) #

(1) The Administrator of the Korea Heritage Service may select as an exemplary trainee a person who has been engaged in activities for transmitting intangible heritage for at least three years after becoming a certified trainee pursuant to Article 25 (4) of the Act, with an excellent record of both participations in successor training and activities for transmitting intangible heritage. <Amended on May 7, 2024>

(2) The Administrator of the Korea Heritage Service may, within budgetary limits, reimburse an exemplary trainee selected pursuant to paragraph (1) for all or some of the expenses required for activities for transmitting intangible heritage, such as public performances, exhibition, education and research. <Amended on May 7, 2024>

(3) If an exemplary trainee selected pursuant to paragraph (1) falls under any of the following cases, a holder or group holder of national intangible heritage or a school for successor training selected under Article 30 of the Act that has recommended an exemplary trainee under Article 25 (4) of the Act shall report such fact to the Administrator of the Korea Heritage Service without delay: <Amended on May 7, 2024>

1. Where he or she becomes unable to engage in activities for transmitting intangible heritage due to a physical or mental disability or other reasons;

2. Where he or she has committed an illegal act, such as receiving money or other valuables, in connection with activities for transmitting intangible heritage;

3. Where he or she has shown poor performance in successor training participation and activities for transmitting intangible heritage.

(4) The Administrator of the Korea Heritage Service shall cease to provide support if an exemplary trainee selected under paragraph (1) falls under any subparagraph of paragraph (3). <Amended on May 7, 2024>

(5) Matters necessary for selecting and supporting exemplary trainees, other than those provided for in paragraphs (1) through (4), shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>

[This Article Added on Jun. 12, 2018]

Article 22-3(Support for transmission communities) #

The Administrator of the Korea Heritage Service may provide support to the transmission communities as necessary for the following matters, in accordance with Article 25 (6) of the Act: <Amended on May 7, 2024>

1. Transmission activities undertaken by the transmission communities, such as performances, exhibitions, experiential and educational activities, academic conferences, and competitions;

2. Establishment of domestic and international exchanges and cooperative networks among the transmission communities;

3. Any other matters deemed necessary by the Administrator of the Korea Heritage Service to support the revitalization of transmission activities by the transmission communities.

[This Article Added on Jun. 21, 2022]

Article 23(Certificates of completion of successor training) #

(1) Any of the following persons shall be deemed to have completed the successor training programs pursuant to Article 26 (1) of the Act: <Amended on Apr. 18, 2017; Nov. 3, 2020; May 7, 2024>

1. A person who has received successor training in national intangible heritage, for at least three years from a holder or group holder of that national intangible heritage;

2. A person with experience as a certified trainee of City/Do intangible heritage, who has received successor training in national intangible heritage, for at least one year, from a holder or group holder of or an instructor for successor training in that national intangible heritage (limited to where the holder or group holder of City/Do intangible heritage is recognized as the holder or group holder of national intangible heritage);

3. A person who has completed the transmission education program of a successor training school in accordance with Article 30 of the Act.

(2) To examine skills pursuant to Article 26 (1) of the Act, the Administrator of the Korea Heritage Service shall request at least three experts who have extensive knowledge of, and experience in, the relevant national intangible heritage to participate in the examination thereof and hear their opinions. <Amended on May 7, 2024>

(3) Where the Administrator of the Korea Heritage Service determines that a person is found to have a deep understanding of the relevant field of national intangible heritage and his or her technical skills or artistic skills have reached a specific level, through an examination of his or her skills conducted under Article 26 (1) of the Act, the Administrator issues a certificate of completion of successor training to the person. <Amended on May 7, 2024>

(4) The Administrator of the Korea Heritage Service shall keep and maintain the records on the examination of skills under Article 26 (1) of the Act for five years. <Amended on May 7, 2024>

(5) Where a person is found to become a certified trainee by fraud or other improper means, the Administrator of the Korea Heritage Service shall cancel the certificate of completion of successor training issued to the person. <Amended on May 7, 2024>

(6) The Administrator of the Korea Heritage Service shall prescribe and announce the items to be examined, examination indexes, and detailed criteria for examination necessary for issuing certificates of completion of successor training. <Amended on May 7, 2024>

Article 24(Selection of successor scholarship recipients) #

(1) The Administrator of the Korea Heritage Service shall first select the fields of national intangible heritage eligible for scholarships, following deliberation thereon by the Committee, before selecting successor scholarship recipients and award scholarships thereto pursuant to Article 27 (1) of the Act. <Amended on May 7, 2024>

(2) The Administrator of the Korea Heritage Service may select a person who has aptitude for technical skills or artistic skills in the fields of national intangible heritage selected under paragraph (1), who has received successor training in that fields for at least six months, as a successor scholarship recipient (hereinafter referred to as "successor scholarship recipient") under Article 27 (1) of the Act. <Amended on May 7, 2024>

(3) The Administrator of the Korea Heritage Service shall award scholarships to successor scholarship recipients each month for five years; provided, where a successor scholarship recipient is issued with a certificate of completion of successor training under Article 26 of the Act, the Administrator shall discontinue awarding scholarships.

(4) A holder or group holder of national intangible heritage that has recommended a successor scholarship recipient shall report, without delay, to the Administrator of the Korea Heritage Service, if: <Amended on Nov. 3, 2020; May 7, 2024>

1. The successor scholarship recipient becomes unable to receive successor training in national intangible heritage due to a mental or physical disability, or for other reasons;

2. The successor scholarship recipient shows poor performance in receiving the successor training.

(5) The Administrator of the Korea Heritage Service shall discontinue awarding scholarships to a successor scholarship recipient who falls under any of the subparagraphs of paragraph (4). <Amended on May 7, 2024>

(6) The Administrator of the Korea Heritage Service shall determine and publicly notify the amounts of scholarships to be awarded and the time for awarding scholarships to successor scholarship recipients. <Amended on May 7, 2024>

Article 25(Public presentations of national intangible cultural heritage) #

(1) To make a public presentation of national intangible heritage pursuant to Article 28 (1) of the Act, a holder or group holder of that national intangible heritage shall prepare a plan therefor and submit the plan to the Administrator of the Korea Heritage Service 30 days prior to the scheduled date. <Amended on May 7, 2024>

(2) To make a public presentation of national intangible heritage pursuant to Article 28 (1) of the Act, a holder or group holder of that national intangible heritage shall give a performance or demonstration in a public place, such as a performance hall, exhibition hall, or successor training facility, for the general public. <Amended on May 7, 2024>

(3) Notwithstanding paragraph (2), a holder or group holder of national intangible heritage that manufactures a traditional craft product requiring traditional skills may exhibit his or her own traditional craft product and a video that shows the manufacturing process of such product, instead of any performance. In such cases, the traditional craft product shall be manufactured after the preceding year's performance or exhibition event. <Added on Dec. 24, 2019; May 7, 2024>

(4) A holder or group holder of national intangible heritage shall submit a report to the Administrator of the Korea Heritage Service within 30 days after the public presentation pursuant to Article 28 (1) of the Act. <Amended on Dec. 24, 2019; May 7, 2024>

(5) Except as provided in paragraphs (1) through (4), matters necessary for the public presentation of national intangible heritage, such as the period, details, venue, and methods shall be prescribed and publicly notified by the Administrator of the Korea Heritage Service. <Amended on Dec. 24, 2019; May 7, 2024>

[Title Amended on May 7, 2024]

Article 26(Reasons for exception to public presentations of national intangible heritage) #

"In exceptional circumstances prescribed by Presidential Decree" in Article 28 (1) of the Act, means:

1. Where it is impossible for a holder or group holder of intangible heritage to exhibit technical skill or artistic skill due to a disease or any other accidents;

2. Where a holder or group holder of intangible heritage is to conduct research or undergo training in a foreign college or research institute for at least one year.

[Title Amended on May 7, 2024]

Article 27(Inspection of public presentations of national intangible heritage) #

(1) The Administrator of the Korea Heritage Service may record the process of the public presentation of national intangible heritage, using visual media to efficiently inspect the public presentation of national intangible heritage. <Amended on May 7, 2024>

(2) The Administrator of the Korea Heritage Service shall keep and maintain the records from inspecting the public presentation of national intangible heritage, for five years. <Amended on May 7, 2024>

[Title Amended on May 7, 2024]

Article 28(Selection and review of successor training schools) #

(1) Reviews necessary for the selection of successor training schools under Article 30 (1) of the Act shall include the following: <Amended on May 7, 2024>

1. A plan to operate the curriculum of national intangible heritage, successor training in which is to be provided;

2. Status of, and a recruitment plan for, teachers for successor training in national intangible heritage;

3. Status of facilities and equipment for successor training in national intangible heritage;

4. A three-year financial management plan;

5. Other matters necessary for the operation of successor training schools.

(2) Successor training plans under Article 30 (2) of the Act shall include the items specified in each subparagraph of paragraph (1).

(3) Other than those prescribed in paragraphs (1) and (2), matters regarding the selection and review of successor training schools and successor training plans shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>

[This Article Wholly Amended on Apr. 18, 2017]

Article 29(Subsidies to successor training schools) #

The Administrator of the Korea Heritage Service may fully or partially subsidize the following costs incurred in relation to successor training by successor training schools in accordance with Article 30 (3) of the Act: <Amended on Apr. 18, 2017; May 7, 2024>

1. Salaries and various allowances for teachers;

2. Expenses associated with teaching materials and materials necessary for practical training;

3. Facilities and equipment expenses;

4. Other costs the Administrator of the Korea Heritage Service deems necessary for successor training.

[Title Amended on Apr. 18, 2017]

Article 30(Performance evaluation for successor training schools) #

(1) The following items shall be included in performance evaluation for successor training schools under Article 30 (5) of the Act: <Amended on Apr. 18, 2017; May 7, 2024>

1. Organization of the curriculum and appropriateness of educational content;

2. A successor’s participation rate in the curriculum;

3. Level of educational environment, such as facilities and equipment;

4. Other matters the Administrator of the Korea Heritage Service deems necessary for evaluating the performance of successor training schools.

(2) The Administrator of the Korea Heritage Service shall disclose the outcomes of performance evaluation on the website of the Korea Heritage Service, upon completion of the performance evaluation under paragraph (1). <Amended on May 7, 2024>

(3) Except as provided in paragraphs (1) and (2), procedures and detailed criteria for performance evaluations and other matters necessary for performance evaluations shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>

[Title Amended on Apr. 18, 2017]

Article 31(Recommendation for designation of City/Do intangible cultural heritage) #

Upon receipt of a recommendation for designation of City/Do intangible heritage pursuant to Article 32 (4) of the Act, the relevant Mayor/Do Governor shall determine whether to designate the relevant intangible heritage as City/Do intangible heritage following deliberation thereon by the City/Do Intangible Heritage Committee established under Article 31 (1), within one year from the date of receipt of such recommendation. <Amended on May 7, 2024>

[Title Amended on May 7, 2024]

Article 32(Support for successor training facilities) #

The Administrator of the Korea Heritage Service or each Mayor/Do Governor may provide subsidies to support expenses incurred in establishing and operating successor training facilities of intangible heritage, within budgetary limits, pursuant to Article 37 (3) of the Act. <Amended on May 7, 2024>

Article 32-2(Support for development of traditional craftsmanship) #

(1) The Administrator of the Korea Heritage Service may provide support necessary for the following activities pursuant to Article 40 (1) of the Act: <Amended on May 7, 2024>

1. Producing and processing raw materials to facilitate the supply of traditional craft products;

2. Technical research to improve productivity of the manufacturing process of traditional craft products;

3. Developing design and packaging materials to commercialize traditional craft products and manufacturing prototypes.

(2) The Administrator of the Korea Heritage Service may organize an examination committee or request the Korea Intangible Cultural Heritage Promotion Center under Article 46 of the Act (hereinafter referred to as the "Korea Intangible Cultural Heritage Promotion Center") to conduct an examination for purposes of selecting persons eligible for support under paragraph (1). <Amended on May 7, 2024>

[This Article Added on Oct. 26, 2021]

Article 33(Procedures for cancellation of certification) #

(1) The Administrator of the Korea Heritage Service may request the relevant successor to submit related data, such as a brochure and sample of his or her traditional craft product, in order to cancel the certification of such traditional craft product pursuant to Article 42 (1) of the Act. <Amended on May 7, 2024>

(2) Upon cancellation of the certification of a traditional craft product pursuant to Article 42 (1) of the Act, the Administrator of the Korea Heritage Service shall notify, without delay, the relevant person of such cancellation and publicly announce the same on the website of the Korea Heritage Service. <Amended on May 7, 2024>

Article 33-2(Support for business startup, manufacturing, and distribution) #

The Administrator of the Korea Heritage Service or the head of a local government may provide necessary support to successors who conduct the following activities pursuant to Article 44 (1) of the Act: <Amended on May 7, 2024>

1. Production, sale, exhibition, publicity, and distribution of traditional craft products;

2. Production, publicity, and distribution of traditional performing art programs;

3. Activities to enter into overseas markets, such as overseas exhibition of traditional craft products and overseas performance of intangible heritage.

[This Article Added on Oct. 26, 2021]

[Previous Article 33-2 moved to Article 33-3 <Oct. 26, 2021>]

Article 33-3(Procedures for receipt of donations) #

(1) Where the International Information and Networking Center for Intangible Heritage in the Asia-Pacific Region under the auspices of UNESCO (hereinafter referred to as the "ICHCAP") under Article 47 (1) of the Act receives any donation voluntarily made pursuant to paragraph (8) of the same Article, the donor shall be issued with a receipt for the donation; provided, the receipt may not be issued where the donation is made anonymously or the donor is unknown.

(2) Where the donor under paragraph (1) designates the purpose of his or her donation, the ICHCAP shall use the donation only for such purpose; provided, if there are reasonable grounds for not using the donation for the purpose designated by the donor, the ICHCAP may use the donation for other purposes, with consent of the donor.

(3) The ICHCAP shall keep the books recording the status of the donations it receives under paragraph (1), the usage of the donations, etc. to make the books available to the donors.

[This Article Added on May 25, 2021]

[Moved from Article 33-2 <Oct. 26, 2021>]

Article 34(Submission of Investigation Reports) #

Relevant experts, etc., who have conducted an investigation pursuant to Article 53 (1) of the Act, shall prepare an investigation report upon completing the investigation and submit the investigation report to the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>

Article 35(Delegation of Authority and Entrustment of Affairs) #

(1) Deleted. <May 20, 2025>

(2) The Administrator of the Korea Heritage Service shall entrust the Korea Intangible Cultural Heritage Promotion Center with the duties of utilization and publicity of national intangible heritage (limited to cases falling under the proviso of Article 17 (1) of the Act) which does not recognize its holder or group holder under Article 54 of the Act. <Amended on May 7, 2024>

[This Article Wholly Amended on Oct. 26, 2021]

Article 36(Processing of Sensitive Information and Personally Identifiable Information) #

The Administrator of the Korea Heritage Service or each Mayor/Do Governor (where the Mayor/Do Governor's authority is delegated or entrusted, including a person to whom the authority is delegated or entrusted), may process data pertaining to criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act (limited to the administrative affairs specified in subparagraphs 2 through 5), and data containing resident registration numbers referred to in subparagraph 1 of Article 19 of that Enforcement Decree, if such data is essential to perform the following affairs: <Amended on Nov. 3, 2020; May 7, 2024; May 20, 2025>

1. Affairs concerning the cancellation of recognition under Article 15 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act);

2. Affairs concerning the recognition of holders, etc. under Article 17 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act);

3. Affairs concerning the recognition of honorary holders under Article 18 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act);

4. Affairs concerning the recognition of instructors for successor training under Article 19 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act);

5. Affairs concerning the revocation of recognition of successors, etc. under Article 21 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act);

6. Affairs concerning reporting under Article 23 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act);

7. Affairs concerning the examination of skills and issuance of certificates of completion of successor training under Article 26 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act);

8. Affairs concerning the selection of successor scholarship recipients and the awarding of scholarships under Article 27 of the Act (including where the same provisions apply mutatis mutandis under Article 35 of the Act).

[Title Amended on May 7, 2024]

Article 37(Criteria for imposition of administrative fines) #

Criteria for the imposition of administrative fines under Article 58 of the Act shall be as specified in Appendix 2.