Article 1(Purpose) #
The purpose of this Act is to ensure the transmission of our cultural heritage to future generations and contribute to strengthening the cultural capabilities of the country by providing for matters necessary to preserve and manage Pungnap-toseong, a cultural asset of the Korean people.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Aug. 8, 2023>
1. The term “Pungnap-toseong” means an earthen fortification in Pungnap-dong, Seoul, which is a historic site of the State-designated Cultural Heritage;
2. The term “preservation area” means an area designated by the Administrator of the Cultural Heritage Administration in accordance with Article 7, for the preservation, management and use of Pungnap-toseong;
3. The term “management area” means an area surrounding the preservation area that contributes to the conservation of the historical and cultural values ??of Pungnap-toseong, which is designated by the Administrator of the Cultural Heritage Administration in accordance with Article 7, to encourage the improvement of historic and cultural landscapes of the area and the residential and living environment for the residents;
4. The term “preservation or management area” means an area specified in subparagraph 2 or 3;
5. The term “preservation and/or management project” means a project for the preservation, management and use of a preservation area, and a resident assistance project for the management and improvement of the historic and cultural landscapes of a management area or for the improvement of the residential and living environment for the residents.
Article 3(Duties of the State and Local Governments) #
The State and local governments shall cooperate with each other to ensure the smooth and efficient promotion of preservation and management projects.
Article 4(Relationship to Plans Established under Other Statutes) #
(1) A comprehensive plan for the preservation and management of Pungnap-toseong formulated under this Act shall prevail over any preservation or development plans established under other statutes: Provided, That the comprehensive plan shall not prevail over any plan established under Article 6 of the Framework Act on the National Land, as prescribed by Presidential Decree, and a military plan.
(2) The comprehensive plan for the preservation and management of Pungnap-toseong mentioned in paragraph (1) shall be in harmony with the preservation or development plans established under other statutes.
Article 5(Formulation of Comprehensive Plan for Preservation and Management of Pungnap-toseong) #
(1) For the conservation and management of Pungnap-toseong, the Administrator of the Cultural Heritage Administration shall, every five years, formulate a comprehensive plan for the preservation and management of Pungnap-toseong (hereinafter referred to as “comprehensive plan”). In such cases, the Administrator of the Cultural Heritage Administration shall have prior consultations with the heads of the relevant central administrative agencies, the relevant Mayor/Do Governor, and the head of the relevant Si/Gun/Gu.
(2) A comprehensive plan shall include the following matters:
1. Basic directions for the preservation and management of Pungnap-toseong;
2. Designation, change, or removal of designation of a preservation or management area;
3. Protection of property interests of the residents, and promotion of resident assistance projects;
4. Funding sources for the promotion of preservation and management projects;
5. Other matters necessary for the preservation and management of Pungnap-toseong.
(3) The Administrator of the Cultural Heritage Administration shall seek opinions from the residents of the municipality concerned, relevant experts, etc. to formulate a comprehensive plan, and make efforts to reflect their opinions in the plan.
(4) When the Administrator of the Cultural Heritage Administration has formulated a comprehensive plan, he or she shall send the comprehensive plan and related documents to the Mayor of the Seoul Metropolitan Government and the head of Songpa-gu Office, who shall publicly announce such plan and make it accessible to the general public without delay.
(5) The Mayor of the Seoul Metropolitan Government shall establish an annual implementation plan (hereinafter referred to as “implementation plan”) in accordance with the comprehensive plan, and obtain approval from the Administrator of the Cultural Heritage Administration.
(6) Other matters necessary for the establishment of a comprehensive plan and an implementation plan shall be prescribed by Presidential Decree.
Article 6(Basic Investigations) #
(1) The Administrator of the Cultural Heritage Administration, the Mayor of the Seoul Metropolitan Government, or the head of Songpa-gu Office may conduct a basic investigation for the designation of a preservation or management area.
(2) Matters necessary for the development of a plan for basic investigations under paragraph (1), and methods and procedures for investigations, etc. shall be prescribed by Presidential Decree.
Article 7(Designation of Preservation or Management Areas) #
(1) The Administrator of the Cultural Heritage Administration may designate a preservation or management area after deliberation by the Cultural Heritage Committee established under Article 8 of the Cultural Heritage Preservation and Utilization Act (hereinafter referred to as the “Committee”). <Amended on Aug. 8, 2023>
(2) The Administrator of the Cultural Heritage Administration may remove the designation of, or make changes to, a preservation or management area after deliberation by the Committee, in either of the following cases:
1. If the designation of the preservation or management area is no longer necessary;
2. If there occurs any event that leads to a change in the designation of the preservation or management area.
(3) The Administrator of the Cultural Heritage Administration shall seek opinions from the residents of the municipality concerned, relevant experts, etc. to designate, remove the designation of, or make changes to, a preservation or management area, and make efforts to reflect their opinions in such designation, etc.
(4) When the Administrator of the Cultural Heritage Administration has designated, removed the designation of, or made changes to, a preservation or management area under paragraphs (1) and (2), he or she shall give public notice of such designation, etc. as prescribed by Presidential Decree, and send copies of related documents to the Mayor of the Seoul Metropolitan Government and the head of Songpa-gu Office.
(5) Matters necessary for seeking opinions under paragraph (3) shall be prescribed by Presidential Decree.
Article 8(Relocation Measures) #
(1) The Mayor of the Seoul Metropolitan Government and the head of Songpa-gu Office may adopt and implement relocation measures for those who stand to lose their homes because of their provision of residential buildings for a preservation or management project, and settlement measures to improve the residential environment of a preservation or management area.
(2) Article 78 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the adoption and implementation of relocation measures under paragraph (1).
Article 9(Protection of Property Interests of Residents) #
The State and local governments shall adopt administrative and financial assistance measures to protect property interests of the residents residing in a preservation area.
Article 10(Resident Assistance Projects) #
(1) The State and local governments may undertake projects for the residents of the municipality subject to a preservation or management project, which include projects to increase their earnings, projects to enhance their welfare, projects to install facilities for the public convenience, and other resident assistance projects prescribed by Presidential Decree.
(2) The State and local governments shall develop a plan for preferential employment of residents in a preservation or management area for a resident assistance project under paragraph (1).
Article 11(Reduction of or Exemption from Usage Fees) #
For facilities prescribed by Presidential Decree such as public facilities and facilities serving the public interest, which are installed according to a resident assistance project under Article 10, the relevant usage fees, etc. may be reduced or exempted as prescribed by the Public Property and Commodity Management Act.
Article 12(Reporting to the National Assembly) #
The Administrator of the Cultural Heritage Administration shall prepare a report on the preservation and management of Pungnap-toseong, and submit it to the competent standing committee of the National Assembly before the National Assembly opens its regular session each year.
Article 13(Delegation and Entrustment of Authority) #
The Administrator of the Cultural Heritage Administration may delegate part of the authority vested in him or her under this Act to the head of a local government, or entrust it to a related institution or organization, as prescribed by Presidential Decree.