Article 1(Purpose) #
The purpose of this Decree is to stipulate matters mandated by the Special Act on the Maintenance of Historical and Cultural Zones and matters necessary for its implementation.
Article 2(Composition of historical and cultural zone maintenance committee) #
(1) The relevant central administrative agencies pursuant to Article 6 (3) 2 of the Special Act on the Maintenance of Historical and Cultural Zones (hereinafter referred to as the "Act") shall be the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Land, Infrastructure and Transport, and the Korea Heritage Service. <Amended on May 14, 2024>
(2) The vice-chairperson of the Historical and Cultural Zone Maintenance Committee (hereinafter referred to as the "Committee") under Article 6 (1) of the Act (hereinafter referred to as the "Committee") shall be appointed by the chairperson of the Committee from among the committee members referred to in Article 6 (3) 2 and 3 of the Act, respectively.
Article 3(Duties of committee chairperson) #
(1) The committee chairperson represents the Committee and oversees the committee's affairs.
(2) The vice-chairperson of the Committee shall assist the chairperson of the Committee, and when the chairperson of the Committee cannot perform his or her duties due to unavoidable reasons, the vice-chairperson who is a member of the Committee under Article 6 (3) 2 of the Act, and then the vice-chairperson who is a member of the Committee under subparagraph 3 of that paragraph, in that order, shall act on behalf of the chairperson.
Article 4(Operation of committee) #
(1) A committee meeting shall require the presence of a majority of the incumbent members, and any decision thereof shall require the concurring vote of a majority of those present.
(2) If a committee member who is a public official is unable to attend a committee meeting due to unavoidable circumstances, a public official designated by the committee member may attend on his or her behalf and speak or participate in voting.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the operation of the Committee shall be determined by the chairperson through a resolution of the Committee.
Article 5(Composition and operation of subcommittees) #
(1) The subcommittees under Article 6 (5) of the Act (hereinafter referred to as "subcommittees") shall be established for each historical and cultural zone, and each subcommittee shall be composed of no more than 10 members, including 1 chairperson.
(2) The subcommittee members shall be appointed by the chairperson of the Committee from among the members of the Committee. In such cases, the subcommittee members may concurrently serve as members of other subcommittees.
(3) The chairperson of the subcommittee shall be elected from among the members of the subcommittee.
(4) A meeting of the subcommittee shall be held with the attendance of a majority of all incumbent members of the subcommittee, and the resolutions shall be passed with the concurrent vote of a majority of those present.
Article 6(Exclusion of, challenge to, or recusal of members) #
(1) If a member of the Committee or a subcommittee (hereinafter referred to as a "Committee, etc.") (hereinafter referred to as a "member") falls under any of the following subparagraphs, he or she shall be excluded from deliberation and resolution of the relevant agenda item:
1. In cases where a member or his or her current or former spouse is a party to the relevant agenda item (if a party is a corporation, organization, etc., its executive officers or employees shall be included; hereafter the same shall apply in this subparagraph and subparagraph 2) or is a co-right holder or co-obligor with a party to the relevant agenda item;
2. In cases where a committee member is or was a relative of a party to the relevant agenda item;
3. In cases where a committee member has advised, researched, provided services (including subcontracting; hereinafter the same shall apply), appraised or investigated the relevant agenda item;
4. In cases where a committee member or a corporation or organization to which the member belongs is or was an agent of a party to the relevant agenda item;
5. In cases where a company and similar in which a committee member serves, or has served within the past 3 years, as an executive officer or employee, has provided advice, or conducted research, service, appraisal, or investigation on the relevant agenda item.
(2) If a party to the relevant agenda item subject to deliberation by the Committee, etc. has circumstances that make it difficult to expect fair deliberation and resolution from a committee member, he or she may file a request for challenge with the Committee, etc. and the Committee, etc. shall decide on challenge to the member through a resolution. In this case, the members subject to the application for challenge shall not participate in the resolution.
(3) If a committee member falls under any of the grounds for exclusion specified in each subparagraph of paragraph (1), he or she shall notify the Committee, etc. of the fact and voluntarily recuse from deliberation and voting on the relevant agenda item.
Article 7(Expert members of committee) #
(1) The number of expert members (hereinafter referred to as "expert members") to be placed in the Committee pursuant to Article 6 (6) of the Act shall be no more than 15 members, and shall be appointed by the Administrator of the Korea Heritage Service from among the following persons, taking gender into consideration: <Amended on May 7, 2024>
1. A person who serves or has served as a faculty member of a department related to history, culture, national heritage, urban planning, landscape, regional development, tourism, etc. (hereafter in this paragraph referred to as "history, etc.") at a school defined in Article 2 of the Higher Education Act;
2. A person who has engaged in business affairs related to history, etc. for not less than 5 years;
3. Other persons who are deemed to have equivalent level of professionalism as those referred to in subparagraph 1 or 2 because he or she has extensive knowledge and experience in the history, etc.
(2) The term of office of expert committee members shall be 2 years.
Article 8(Dismissal or decommission) #
The Administrator of the Korea Heritage Service may dismiss or decommission a member or expert member who falls under any of the following subparagraphs: <Amended on May 14, 2024>
1. If the member becomes incapable of performing his or her duties due to mental or physical disability;
2. If it is found that the member engages in any misconduct in connection with his or her duties;
3. If a person is deemed unsuitable as a member or expert member due to neglect of duties, injury to dignity, or other reasons;
4. If the member fails to recuse himself or herself from deliberation and resolution on the relevant agenda item although he or she falls under any subparagraph of Article 6 (1);
(2) The administrative secretary and clerk of the Committee, etc. shall be appointed by the Administrator of the Korea Heritage Service from among public officials under his or her jurisdiction. <Amended on May 14, 2024>
Article 9(Administrative secretary) #
(1) The Committee, etc. shall have 1 administrative secretary and 1 clerk respectively to handle the administrative affairs of the Committee, etc.
(2) The administrative secretary and clerk of the Committee, etc. shall be appointed by the Administrator of the Korea Heritage Service from among public officials under his or her jurisdiction. <Amended on May 14, 2024>
Article 10(Modification of minor matters in master plans for maintenance of historical and cultural zones) #
The term "any amendment of a minor matter prescribed by Presidential Decree" in the proviso of Article 9 (2) of the Act refers to any modifications of details in the master plan for the maintenance of historical and cultural zones (hereinafter referred to as the "master plan") in the provisions, with the exception of the subparagraphs, of Article 9 (1) of the Act, due to calculation errors, typos, omissions, or other similar matters with clear grounds for such modifications.
Article 11(Public notification of master plans) #
When the Administrator of the Korea Heritage Service formulates a master plan in accordance with Article 9 (1) of the Act or changes the master plan in accordance with the main clause of paragraph (2) of that Article, he or she shall give public notice of the basic plan in the Official Gazette in accordance with Article 10 of the Act and make a public announcement on the website of the Korea Heritage Service. <Amended on May 14, 2024>
Article 12(Modification of minor matters in historical and cultural zone maintenance districts) #
The "change of minor matters as prescribed by Presidential Decree" in the latter part of Article 14 (1) of the Act refers to the following cases:
1. Change of an area of the historical and cultural zone maintenance district (hereinafter referred to as the "maintenance district") within the range of 10/100;
2. Modification of matters with clear grounds for modifications, such as calculation errors, typos, omissions, or other similar matters.
Article 13(Procedures for hearing opinions of residents) #
(1) If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") intends to request the designation or alteration of a maintenance district pursuant to Article 14 (1) of the Act, he or she shall publicly announce the following matters on the website of the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu) for at least 14 days (excluding Saturdays and public holidays under the Regulations on Holidays of Public Agencies) pursuant to the main clause of Article 14 (5) of the Act, and make them available for inspection by interested persons, including residents:
1. Purpose of designation or modification;
2. Location and area of the maintenance district to be designated or modified;
3. Other matters that residents and other stakeholders need to know, as deemed necessary by the head of a Si/Gun/Gu.
(2) A person who has an opinion on the matters publicly announced pursuant to paragraph (1) may submit a written opinion to the head of a Si/Gun/Gu within the period for inspection under provisions, with the exception of the subparagraphs, of paragraph (1).
(3) The head of a Si/Gun/Gu shall review the opinions submitted pursuant to paragraph (2) and notify the person who has submitted the written opinions of the results thereof within 30 days from the date the public inspection expires.
(4) "Modification of insignificant matters prescribed by Presidential Decree" in the proviso of Article 14 (5) of the Act means cases falling under the subparagraphs of Article 12.
Article 14(Public notice of designation of maintenance districts) #
(1) If the Administrator of the Korea Heritage Service designates or modifies a maintenance district pursuant to Article 14 (1) of the Act, he or she shall give public notice of following matters in the Official Gazette pursuant to paragraph (6) of that Article: <Amended on May. 14, 2024>
1. Purpose of designation or modification;
2. Location and area of designated or changed maintenance districts;
3. Other matters that the Administrator of the Korea Heritage Service deems necessary to be known to the general public.
(2) If the Administrator of the Korea Heritage Service revokes the designation of a maintenance district under Article 15 (1) of the Act, he or she shall give public notice of the following matters in the Official Gazette in accordance with paragraph (3) of that Article: <Amended on May 14, 2024>
1. Location of the maintenance district of which designation is revoked;
2. If the Administrator of the Korea Heritage Service revokes the designation of a maintenance district under Article 15 (1) of the Act, he or she shall publicly notify the following matters in the Official Gazette in accordance with paragraph (3) of that Article: <Amended on May 14, 2024>
3. Other matters that the Administrator of the Korea Heritage Service deems necessary to be known to the general public.
Article 15(Restrictions on acts) #
(1) The standards for permission or modified permission for acts specified in subparagraphs of Article 16 (1) of the Act (hereinafter referred to as "acts subject to permission") are as set forth in Appendix 1.
(2) A person seeking to obtain permission or permission for modifications under Article 16 (1) of the Act shall submit an application form to the competent Si/Gun/Gu, as prescribed by Decree of the Ministry of Culture, Sports and Tourism.
(3) If the head of a Si/Gun/Gu grants permission or permission for modifications under Article 16 (1) of the Act, he or she shall issue a written permission or a written permission for modifications prescribed by Decree of the Ministry of Culture, Sports and Tourism to the applicant, and notify the Administrator of the Korea Heritage Service and the competent Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor of matters regarding such permission or permission for modifications. <Amended on May. 14, 2024>
(4) The "acts prescribed by Presidential Decree" in Article 16 (1) 5 of the Act refers to the following acts:
1. Installation of artificial structures other than buildings;
2. Land division.
(5) A person who intends to file a report pursuant to Article 16 (3) of the Act shall submit a report on the progress of the relevant construction works or projects to the head of the competent Si/Gun/Gu as prescribed by Decree of the Ministry of Culture, Sports and Tourism, within 14 days from the date public notice of the designation or modification of a maintenance district is given under Article 14 (6) of the Act.
Article 16(Minor modifications of maintenance implementation plan for historical and cultural zone) #
(1) "Any modification of minor matters prescribed by Presidential Decree" in the latter part of Article 17 (1) of the Act means any of the following modifications: <Amended on Jul. 1, 2025>
1. Modification of project costs (referring to project costs excluding the amount altered due to price fluctuation) of the historical and cultural zone maintenance project (hereinafter referred to as "maintenance project") within 10/100;
2. Modification of matters with clear grounds for modifications, such as calculation errors, typos, omissions, or other similar matters.
(2) "Matters prescribed by Presidential Decree" in Article 17 (2) 13 of the Act refers to the following matters: <Amended on May 14, 2024>
1. Current status of land use of maintenance zones;
2. Detailed project costs according to the financing plan for the maintenance project;
3. Other matters that the Administrator of the Korea Heritage Service deems necessary for the designation of a maintenance zone and implementation of maintenance projects.
(3) If the Administrator of the Korea Heritage Service approves a maintenance implementation plan for a historical and cultural zone under Article 14 (3) of the Act (hereinafter referred to as "implementation plan") or approves any modifications of the implementation plan in accordance with Article 17 (1) of the Act, he or she shall give public notice of the implementation plan in the Official Gazette, and make a public announcement of it on the website of the Korea Heritage Service under Article 17 (4) of the Act. <Amended on May. 14, 2024>
Article 17(Implementers) #
(1) "Public institutions prescribed by Presidential Decree" in Article 18 (1) 3 of the Act refers to public institutions under Article 4 (1) 1 or 2 of the Act on the Management of Public Institutions.
(2) "Person prescribed by Presidential Decree" in Article 18 (1) 4 of the Act means a local government-invested or -funded institution under Article 2 (1) of the Act on the Operation of Local Government-Invested or -Funded Institutions. <Added on Jul. 1, 2025>
(3) A person other than the State or a local government who intends to be designated as a project implementer under Article 18 (1) of the Act (hereinafter referred to as "implementer") shall submit an application form for designation prescribed by Decree of the Ministry of Culture, Sports and Tourism to the Administrator of the Korea Heritage Service. <Amended on May 14, 2024; Jul. 1, 2025>
(4) Where the Administrator of the Korea Heritage Service in receipt of an application form for designation under paragraph (3) designates an implementer shall consider the following matters: <Amended on May 14, 2024; Jul. 1, 2025>
1. Capability to implement a maintenance project, such as human resources and technology;
2. Financial soundness and funding capacity.
(5) The Administrator of the Korea Heritage Service shall determine whether to grant designation and notify the applicant of such determination within 60 days from the date of receiving an application form for designation under paragraph (3). <Amended on May 14, 2024; Jul. 1, 2025>
Article 18(Entrustment of implementation of maintenance projects) #
(1) An implementer who intends to entrust the implementation of a maintenance project under Article 19 (1) of the Act shall publicly announce matters in advance, regarding the standards, procedures, methods, etc. for entrustment on the website of the implementer.
(2) An implementer who entrusts the implementation of a maintenance project under Article 19 (1) of the Act shall publicly announce the details, etc. of the entrusted institution and entrusted affairs on the website of the implementer.
Article 19(Minor modifications of implementation plan) #
(1) "Any modification of minor matters prescribed by Presidential Decree" in the latter part, with the exception of the subparagraphs, of Article 20 (1) of the Act refers to the following cases:
1. Modification of the project implementation period within the range of 30 days;
2. Modification of matters with clear grounds for modifications, such as calculation errors, typos, omissions, or other similar matters.
(2) "Matters prescribed by Presidential Decree" in Article 20 (1) 7 of the Act refers to the following matters: <Amended on May 14, 2024>
1. A land use map of the project implementation site prepared in accordance with the cadastral map;
2. Report on the installation, relocation, removal, reversion, transfer, and concession of public facilities under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act;
3. Other matters deemed necessary by the Administrator of the Korea Heritage Service to facilitate an action plan under the main clause, with the exception of the subparagraphs, Article 20 (1) of the Act (hereinafter referred to as the "implementation plan").
(3) If the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") approves an implementation plan or any revision thereto, he or she shall give public notice of the implementation plan on the public gazette of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") and make a public announcement of the implementation plan on the website of the relevant City/Do under Article 20 (2) of the Act.
(4) If the head of a central administrative agency finalizes an action plan, he or she shall give public notice of the action plan in the Official Gazette in accordance with Article 20 (2) of the Act and make a public announcement of the action plan on the website of the relevant agency.
Article 20(Operation of council on legal fiction of authorization or permission) #
(1) If the head of a central administrative agency or a Mayor/Do Governor intends to hold a council on legal fiction of authorization or permission under Article 21 (3) of the Act (hereinafter referred to as "council on legal fiction of authorization or permission") to consult on permission, etc. under Article 21 (1) of the Act (hereinafter referred to as "authorization, permission, etc."), he or she shall notify the head of the relevant administrative agency of the council at least 7 days before holding a council on legal fiction of authorization and permission. <Amended on Nov. 5, 2024>
(2) The head of the relevant administrative agency in receipt of notification under paragraph (1) shall submit his or her opinion on authorization, permission, etc. to the head of the central administrative agency or the Mayor/Do Governor who holds a council on legal fiction of authorization or permission at least 2 days before the council on legal fiction of authorization or permission is held.
Article 21(Public notice of revocation of designation) #
If the Administrator of the Korea Heritage Service or the Mayor/Do Governor has made a disposition or issued an order under Article 22 (1) of the Act, he or she shall give public notice of such fact in the Official Gazette or public gazette pursuant to paragraph (2) of that Article, and make a public announcement of it on the website of the Korea Heritage Service or City/Do. <Amended on May 14, 2024>
Article 21-2(Subsidization for maintenance project costs) #
(1) The Administrator of the Korea Heritage Service may subsidize a maintenance project under Article 24 (1) of the Act (excluding a maintenance project subsidized by the State under other statutes or regulations) to cover part of the following expenses:
1. Expenses required for investigation, research, excavation, restoration, and preservation of national heritage within the maintenance district;
2. Expenses incurred in projects for improving and fostering the historic and cultural environment in the maintenance district;
(2) The head of a local government may subsidize a maintenance project under Article 24 (1) of the Act to cover all or part of the expenses specified in each subparagraph of paragraph (1).
[This Article Added on May 28, 2024]
Article 22(Resources for special account for historical and cultural zones) #
(1) In Article 25 (2) 7 of the Act, "income prescribed by Presidential Decree" refers to income specified in any of the following subparagraphs, which are prescribed by Municipal Ordinance of a local government: <Amended on May 7, 2024>
1. Revenues from maintenance projects;
2. Revenues from the utilization of national heritage, such as admission fees for national heritage.
(2) Local governments having jurisdiction over 2 or more overlapping historical and cultural zones may establish a special account for historical and cultural zones according to Article 25 (1) of the Act, separately for each historical and cultural zone, as prescribed by Municipal Ordinance. <Amended on Nov. 1, 2022>
Article 23(Reinvestment of development gains) #
(1) The targets of reinvestment of development gains under Article 26 (1) of the Act are as follows:
1. Appropriations for expenses incurred in installing the infrastructure or public facilities for other maintenance projects;
2. Project costs of other maintenance projects within the maintenance district where development gains are generated.
(2) The scope of reinvestment of development gains under Article 26 (1) of the Act shall be determined by an implementer who intends to reinvest such gains in consultation with the competent Mayor/Do Governor.
Article 24(Standards for imposition of administrative fines) #
The standards for imposing administrative fines under Article 35 (1) of the Act are as set forth in Appendix 2.