Article 17(Permission) #
(1) A person who intends to conduct any of the following acts in connection with natural monuments or scenic spots shall obtain permission from the Administrator of the Korea Heritage Service, as prescribed by Presidential Decree, and the same shall also apply where he or she intends to modify any permitted matters; provided, permission (including permission for modification) from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall be obtained regarding minor acts prescribed by Presidential Decree, such as placing an information board or a warning sign in an area where the natural monuments or scenic spots are located: <Amended on Feb. 13, 2024>
1. The following acts that are likely to affect the preservation of natural monuments or scenic spots (including protective facilities, protection zones, natural monuments which are dead, and objects on which the importation and bringing in are reported pursuant to Article 21 (2); hereafter in this Article, the same shall apply):
(a) Repairing, maintaining, restoring, preserving, or demolishing natural monuments or scenic spots;
(b) Capture, collection (including collection of blood, organs, skins, etc. and excluding acts for medical treatment), raising, slaughter, artificial reproduction and cloning, installation of a GPS tracker, release into the wild (excluding cases of release after rescue and medical treatment), specimen, taxidermy, burial, and incineration of natural monuments;
(c) Acts prescribed by Presidential Decree, such as constructing, rebuilding, extending, relocating, or changing the use of buildings (excluding the cases of changing the land category), planting or removing trees, and reclaiming land or waters within natural monuments or scenic spots;
(d) Acts that may affect the water quality, water temperature, water quantity, etc. within a natural monument or scenic spot;
2. Acts of capturing or collecting an animal, plant, or mineral within an area designated or provisionally designated as a natural monument or scenic spot or within its protection zone or of taking out such animal, plant, or mineral from the area or zone;
3. Acts prescribed by Presidential Decree, such as rubbing or photographing, that may affect the preservation of natural monuments or scenic spots;
4. Acts exceeding the scope of the criteria for acts publicly notified under Article 10 (4), which are likely to affect the preservation of natural monuments or scenic spots in the historic and cultural environment preservation area of natural monuments or scenic spots;
5. Other acts conducted outside of the outer boundary of a natural monument or scenic spot, which are publicly notified by the Administrator of the Korea Heritage Service, as deemed likely to affect the historic, scenic, and academic value of the natural monument or scenic spot.
(2) Where the Administrator of the Korea Heritage Service grants permission or permission for modification under paragraph (1), he or she may attach conditions necessary to minimize the impact on the historic, scenic, and academic value of the relevant natural monument or scenic spot. <Amended on Feb. 13, 2024>
(3) Where permission is obtained from the Administrator of the Korea Heritage Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu with regard to acts under paragraph (1) 4 in an area where the natural monuments or scenic spots and the historic and cultural environment preservation areas of City/Do natural heritage are overlapped, it shall be deemed obtained from the Mayor/Do Governor. <Amended on Feb. 13, 2024>
(4) The Administrator of the Korea Heritage Service may delegate the Mayor/Do Governor with permission for modification of minor matters prescribed by Presidential Decree, among matters permitted under paragraph (1). <Amended on Feb. 13, 2024>
(5) The Administrator of the Korea Heritage Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify an applicant of whether to grant permission, within 30 days from the date of receipt of the application for permission or permission for modification under paragraph (1). <Amended on Feb. 13, 2024>
(6) Where the Administrator of the Korea Heritage Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify an applicant of whether to grant permission or permission for modification, or an extension of the treatment period under statutes or regulations related to the treatment of civil petitions within the period prescribed in paragraph (5), permission or permission for modification shall be deemed granted on the day following the expiration date of such period (where the treatment period is extended or re-extended pursuant to the statutes or regulations related to the treatment of civil petitions, referring to the relevant treatment period). <Amended on Feb. 13, 2024>
(7) Other matters necessary for the procedures, etc. for granting permission or permission for modification under paragraph (1) shall be prescribed by Presidential Decree.