Article 1(Purpose) #
The purpose of this Decree is to prescribe matters necessary for the conservation treatment of movable cultural heritage pursuant to Article 33(1), Articles 37-4 and 37-5 of the Act on National Heritage Maintenance. <Amended on May 7, 2024>
Article 2(Standards for on-site assignment of conservation science technicians) #
(1) For the purpose of the main clause of Article 33(1) of the Act on National Heritage Maintenance (hereinafter referred to as the “Act”), a person engaged in the conservation science business under Article 13 and Appendix 8 of the Enforcement Decree of the Act on National Heritage Maintenance (hereinafter referred to as a “conservation science business operator”) shall, concurrently with the commencement of conservation treatment of movable cultural heritage, assign conservation science technicians under Article 8(1) and subparagraph 5 of Appendix 2 of that Decree (hereinafter referred to as “conservation science technicians”) to the site of conservation treatment of movable cultural heritage (meaning the place where conservation treatment of movable cultural heritage is actually carried out; hereinafter the same shall apply), in accordance with the classifications set forth in the following subparagraphs: <Amended on May 7, 2024>
1. Where the estimated amount of conservation treatment of movable cultural heritage is KRW 100 million or more: A person who has engaged in the relevant field for at least seven years after obtaining the qualification of conservation science technician;
2. Where the estimated amount of conservation treatment of movable cultural heritage is KRW 30 million or more but less than KRW 100 million: A person who has worked in the relevant field for at least five years after obtaining conservation science technician qualifications;
3. Other cases: A person who has obtained the qualification of a conservation science technician.
(2) For the purpose of the proviso of Article 33(1) of the Act, a conservation science business operator may assign one conservation science technician to two or three sites of conservation treatment of movable cultural heritage with the consent of the ordering party, within the scope that does not impair the quality and safety of such conservation treatment. <Amended on May 7, 2024>
(3) The number of conservation treatment cases that a conservation science technician assigned to a site of conservation treatment of movable cultural heritage may perform concurrently shall be determined according to the classifications set forth in the following subparagraphs: <Amended on May 7, 2024>
1. Where a conservation science technician is assigned to one site: Up to five cases;
2. Where a conservation science technician is assigned to two or three sites: Up to four cases.
(4) Where a conservation science business operator assigns a conservation science technician to a site of conservation treatment of movable cultural heritage pursuant to Article 33(1) of the Act, the operator shall ensure that the conservation science technician obtains confirmation from the ordering party regarding the details of such assignment, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024>
Article 3(Formulation of conservation treatment plan) #
(1) In the main clause of Article 37-4(1) of the Act, "a national heritage repair business entity prescribed by Presidential Decree" means a conservation science business operator. <Amended on May 7, 2024>
(2) A conservation science business operator who intends to formulate a conservation treatment plan pursuant to the main clause of Article 37-4(1) of the Act shall, in advance, investigate and analyze the matters set forth in the following subparagraphs: <Amended on May 7, 2024>
1. Humanities-related information, such as the period of production, the producer, and the style of movable cultural heritage;
2. Scientific information, such as the cause of damage to the movable cultural heritage, the materials of the damaged areas, and the degree and extent of the damage.
(3) Where a conservation science business operator conducts an investigation and analysis in accordance with paragraph (2) (hereinafter referred to as "investigation and analysis of movable cultural heritage"), the operator shall precisely photograph the relevant movable cultural heritage and record its condition. <Amended on May 7, 2024>
(4) A conservation treatment plan formulated pursuant to the main clause of Article 37-4(1) of the Act shall include the matters set forth in the following subparagraphs: <Amended on May 7, 2024>
1. Results of the investigation and analysis of the movable cultural heritage;
2. Methods of conservation treatment of movable cultural heritage, the plan for the use of materials, and the implementation schedule, based on the results referred to in subparagraph 1;
3. Management plan for temperature, humidity, etc. at the site of conservation and treatment of movable cultural heritage;
4. Matters concerning the security of movable cultural heritage, including fire prevention facilities and security devices;
5. Matters concerning the assignment of conservation science technicians to the sites of conservation treatment of movable cultural heritage pursuant to Article 2.
Article 4(Approval of conservation treatment plan) #
(1) An ordering party who intends to obtain approval for a conservation treatment plan pursuant to Article 37-4(2) of the Act shall apply to the Administrator of the Korea Heritage Service (in the case of national heritage falling under Article 2(3)2 and 3 of the Act on the Conservation and Utilization of Cultural Heritage, it refers to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor; hereinafter the same shall apply) as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024>
(2) Upon receipt of an application under paragraph (1), the Administrator of the Korea Heritage Service shall comprehensively examine whether the conservation treatment plan has been formulated appropriately to preserve the original form of the movable cultural heritage. <Amended on May 7, 2024.>
(3) Where the Administrator of the Korea Heritage Service approves a conservation treatment plan upon completing the examination pursuant to paragraph (2), the Administrator shall issue to the ordering party the certificate of approval of the conservation treatment plan in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024>
Article 5(Approval of modifications of conservation treatment plan) #
(1) The cases where a conservation treatment plan approved pursuant to Article 37-4(2) of the Act may be modified are as set forth in Article 37- 5(2)2 and 3 of the Act.
(2) An ordering party who intends to obtain approval for modifications of a conservation treatment plan pursuant to Article 37-4(2) of the Act shall apply to the Administrator of the Korea Heritage Service as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024>
(3) Where the Administrator of the Korea Heritage Service approves a modification of the conservation treatment plan upon receipt of an application pursuant to paragraph (2), the Administrator shall issue to the ordering party the certificate of approval of the modification of the conservation treatment plan, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024>
Article 6(Implementation of conservation treatment) #
(1) In Article 37-5(1) of the Act, "national heritage repairer business entity as prescribed by Presidential Decree" means a conservation science business entity. <Amended on May 7, 2024>
(2) Where a conservation science business operator conducts conservation treatment pursuant to Article 37-5(1) of the Act, the operator shall comply with the conservation treatment plan approved by the Administrator of the Korea Heritage Service (including a conservation treatment plan that is approved for modifications pursuant to Article 5). <Amended on May 7, 2024>
(3) Where necessary in implementing conservation treatment pursuant to paragraph (2), a conservation science business operator may, after hearing the opinions of relevant experts and upon review by the Administrator of the Korea Heritage Service, additionally conduct an investigation and analysis of movable cultural heritage. <Amended on May 7, 2024>
Article 7(Reporting on the status of conservation treatment) #
(1) Where any ground specified in Article 37-5(2)1 of the Act arises, the ordering party shall report the matters to the Administrator of the Korea Heritage Service, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 7, 2024>
(2) Where any ground specified in Article 37-5(2)2 or 3 of the Act arises, an ordering party shall report without delay to the Administrator of the Korea Heritage Service the cause of such occurrence, action plan, and other relevant matters. <Amended on May 7, 2024>
(3) "Cases prescribed by Presidential Decree" in Article 37-5(2)3 of the Act means the following cases: <Amended on May 7, 2024>
1. Where the results of the investigation and analysis of movable cultural heritage conducted pursuant to Article 6(3) differ from the results of the investigation and analysis of movable cultural heritage included in the conservation treatment plan under Article 3(4);
2. Where it is intended to use methods or materials different from those approved in the conservation treatment plan for the purpose of improving the quality of conservation treatment;
3. Where any other ground arises that could not have been anticipated at the time of approval of the conservation treatment plan.