ACT ON CONSERVATION AND UTILIZATION OF MODERN AND CONTEMPORARY CULTURAL HERITAGE

영문법령 불러오는 중…

ACT ON CONSERVATION AND UTILIZATION OF MODERN AND CONTEMPORARY CULTURAL HERITAGE — 법갈피

Article 13(Management by Management Agency) #

(1) If the Administrator of the Korea Heritage Service judges that the owner of the State-registered cultural heritage is unclear or that the owner or manager cannot manage the State-registered cultural heritage, he or she can designate a local government or a corporation or organization suitable for managing the State-registered cultural heritage as a management agency for State-registered cultural heritage for the management thereof. <Amended on Feb. 13, 2024>

(2) When the Administrator of the Korea Heritage Service intends to designate a management agency for State-registered cultural heritage pursuant to paragraph (1), he or she shall hear the opinions of the owner or manager of the State-registered cultural heritage or the relevant local government, corporation or organization. <Amended on Feb. 13, 2024>

(3) When the Administrator of the Korea Heritage Service designates a management agency for the State-registered cultural heritage pursuant to paragraph (1), he or she shall publicly notify the purpose and details of the designation in the official gazette without delay, and notify the owner or manager and the management agency of the State-registered cultural heritage. <Amended on Feb. 13, 2024>

(4) A local government designated as a State-registered cultural heritage management agency may, in consultation with the Administrator of the Korea Heritage Service, entrust the management affairs of the relevant cultural heritage to a related corporation or organization. <Amended on Feb. 13, 2024>

(5) No one shall interfere with the management activities performed by a State-registered cultural heritage management agency designated pursuant to paragraph (1).

(6) The Administrator of the Korea Heritage Service or the competent Mayor/Do Governor may require a State-registered cultural heritage management agency to submit data on the current status, management, operation, etc. of the relevant State-registered cultural heritage. <Amended on Feb. 13, 2024>

(7) The designation of a State-registered cultural heritage management agency under paragraph (1) shall take effect on the date of public notification in the official gazette.

Article 18(Permission to Change the Status Quo) #

(1) Notwithstanding Article 17 (1), any person who wishes to change the status quo of a State-registered cultural heritage that falls under any of the following subparagraphs shall obtain permission from the Administrator of the Korea Heritage Service as prescribed by Presidential Decree. The same shall apply when changing the permitted matters: <Amended on Feb. 13, 2024>

1. State-registered cultural heritage that received subsidies from the State pursuant to Article 28;

2. State-registered cultural heritage to which special cases are applied regarding the building-to-land ratio or the floor area ratio of buildings pursuant to Article 31;

3. State-registered cultural heritage whose owner is the State or local government (limited to modern and contemporary real estate heritage).

(2) For the minor matters of permission granted under paragraph (1), the Administrator of the Korea Heritage Service may delegate the permission to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>

(3) When the Administrator of the Korea Heritage Service, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu receives an application for permission under paragraph (1), he or she shall grant permission only if the act subject to the application for permission satisfies the following criteria: <Amended on Feb. 13, 2024>

1. It shall not affect the conservation of State-registered cultural heritage;

2. It shall comply with the master plan for cultural heritage pursuant to Article 6 of the Act on Conservation and Utilization of Cultural Heritage and the annual implementation plans pursuant to Article 7 of that Act.

(4) If it is deemed necessary for the permission under paragraph (1), the Administrator of the Korea Heritage Service, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may direct a relevant expert to conduct a survey as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>

Article 20(Administrative Orders) #

(1) If it is necessary for the conservation of State-registered cultural heritage, the Administrator of the Korea Heritage Service or the head of a local government may order the owner, manager, or management agency of State-registered cultural heritage to take the following measures: <Amended on Feb. 13, 2024>

1. Prohibition or restriction of certain activities if the management conditions of the State-registered cultural heritage are not adequate for the conservation of the State-registered cultural heritage;

2. Installation of facilities, removal of obstacles, or other urgent measures necessary for the conservation of State-registered cultural heritage;

3. Measures to suspend acts or to restore the original state, against a person who changes the status quo of the State-registered cultural heritage without permission pursuant to Article 18 (1);

4. If there is a risk that the State-registered cultural heritage may be damaged, lost, or submerged due to construction works pursuant to Article 2 (8) of the Act on Conservation and Utilization of Cultural Heritage, measures to suspend the construction works and to prevent damage, loss and submersion, taken against the person executing the construction works.

(2) If the owner, manager, or management agency of the State-registered cultural heritage fails to comply with an order issued under paragraph (1) 1 or 2, or if the owner, manager, or management agency of the State-registered cultural heritage is deemed inappropriate to take the relevant measures, the Administrator of the Korea Heritage Service or the head of a local government may take the measures on its own. In this case, the expenses incurred in taking the measures shall be borne by the State. <Amended on Feb. 13, 2024>

(3) If a person who has received an order pursuant to paragraph (1) 3 fails to comply with the order, the Administrator of the Korea Heritage Service or the head of a local government may execute the order by proxy as prescribed in the Administrative Vicarious Execution Act, and collect the costs from the violator of the order. <Amended on Feb. 13, 2024>

(4) If the head of a local government orders to take measures pursuant to paragraph (1), he or she shall notify the Administrator of the Korea Heritage Service of the fact. <Amended on Feb. 13, 2024>

Article 21(Regular Investigation) #

(1) The Administrator of the Korea Heritage Service shall regularly investigate the conservation and management status of the State-registered cultural heritage. <Amended on Feb. 13, 2024>

(2) If the Administrator of the Korea Heritage Service judges that additional investigation is necessary after the regular investigation under paragraph (1), he or she may re-investigate the relevant State-registered cultural heritage. <Amended on Feb. 13, 2024>

(3) In the case of an investigation pursuant to paragraphs (1) and (2), the fact of investigation shall be informed in advance to the owner or manager of the relevant State-registered cultural heritage or the State-registered cultural heritage management agency: provided, in case of urgent circumstances requiring the conservation and management of the State-registered cultural heritage, this may be notified after the investigation.

(4) Necessary matters regarding the specific timing, procedures and methods of the investigation under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

(5) The Administrator of the Korea Heritage Service may delegate all or part of the investigation under paragraphs (1) and (2) to a local government or entrust it to a specialized agency or organization, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>

(6) The State shall compensate those who have suffered losses due to the investigation under paragraphs (1) and (2) as prescribed by Presidential Decree.

(7) The Administrator of the Korea Heritage Service shall reflect the results of the investigation under paragraphs (1) and (2) in the management of the State-registered cultural heritage specified as follows: <Amended on Feb. 13, 2024>

1. Repair and restoration of the State-registered cultural heritage;

2. The restriction or prohibition of certain activities or the installation, removal and relocation of facilities for the conservation of the State-registered cultural heritage;

3. Other matters necessary for the management of the State-registered cultural heritage.

Article 27(Prohibition of Export and Take-Out) #

(1) The State-registered cultural heritage shall not be exported or taken out of the country: provided, this does not apply if permission from the Administrator of the Korea Heritage Service is obtained for the purpose of international cultural exchange, such as an overseas exhibition. <Amended on Feb. 13, 2024>

(2) Any person who wishes to obtain permission for the export of State-registered cultural heritage abroad for the purpose of international cultural exchange such as overseas exhibition pursuant to the proviso of paragraph (1) shall file an application for export permission to the Administrator of the Korea Heritage Service, through the computer system operated and managed by the Commissioner of the Korea Customs Service at least 5 months prior to the scheduled export date, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 13, 2024>

(3) The Administrator of the Korea Heritage Service may permit the export of the State-registered cultural heritage pursuant to paragraph (2) on the condition that it be re-imported within 2 years. <Amended on Feb. 13, 2024>

(4) If a person who is permitted for an export pursuant to paragraph (3) applies for an extension of the export period, the Administrator of the Korea Heritage Service may grant permission for an extension of the export period by up to 2 years, if he or she deems it necessary to achieve the original purpose of export or to ensure the safety of cultural heritage, etc., on the condition that it meets the standards for review under paragraph (5). <Amended on Feb. 13, 2024>

(5) Specific standards for the review of permission for overseas export or extension of export period pursuant to paragraphs (3) and (4) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.

(6) The Administrator of the Korea Heritage Service may request a person who has been permitted to take the cultural heritage out of the country pursuant to paragraph (3) to submit data on the current status and conservation and management status of the relevant State-registered cultural heritage. In this case, the person who has received the request must comply with it unless there are special reasons. <Amended on Feb. 13, 2024>

(7) Article 19 (1) shall apply mutatis mutandis to the cancellation of permission under paragraph (3).

Article 32(Special Cases concerning Related Statues and Regulations on State-Registered Cultural Heritage) #

(1) All or part of the following regulations may be relaxed and applied to the State-registered cultural heritage (limited to modern and contemporary real estate heritage), as prescribed by Presidential Decree: provided, subparagraphs 2, 3, and 6 shall be limited to cases where the standards or performance, etc. required by the relevant regulations can be replaced by other methods:

1. Article 2 (1) 9, Articles 42 through 44, 46, 47, 48 (2), 53, 58 through 61, 64, and 84 of the Building Act;

2. Articles 49, 50, 50-2, 51, 52, and 62 of the Building Act;

3. Articles 14 and 15 (1) of the Green Buildings Construction Support Act;

4. Article 242 (1) of the Civil Act;

5. Articles 19 and 19-2 of the Parking Lot Act;

6. Articles 12 and 13 of the Act on Installation and Management of Firefighting Systems.

(2) A person who wishes to apply for a building permit under Article 11 of the Building Act by applying the special cases under paragraph (1) shall apply for a building permit by attaching a plan for applying special cases containing the following matters:

1. Whether it is a State-registered cultural heritage;

2. Matters requesting that the standards be relaxed and applied in accordance with paragraph (1);

3. Reasons for requesting an application of special cases and expected effects;

4. Proof of performance equal to or better than the special cases of application of relaxation (limited to cases where an application of special cases under paragraph (1) 3 and 6 is requested);

5. Other matters prescribed by Ordinance of the relevant local government.

(3) Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to permit the construction of a relevant building upon receiving an application for a building permit filed under paragraph (2), he or she shall undergo deliberation by the Building Committee under Article 4 of the Building Act, and shall have a consultation with the head of the competent fire-fighting headquarters or the head of a fire station, if matters referred to in paragraph (1) 6 are relaxed and applied pursuant to paragraph (2) 4.

Article 35(Formulation of Plan to Utilize Modern and Contemporary Cultural Heritage Districts) #

(1) The Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gu/Gu who has jurisdiction over a modern and contemporary cultural heritage district designated pursuant to Article 33 shall listen to the opinions of relevant local residents and formulate a utilization plan for the modern and contemporary cultural heritage district that includes the following content (hereinafter referred to as "utilization plan"):

1. Matters concerning the location, scope, area, etc. of the modern and contemporary cultural heritage districts;

2. Purpose, basic direction-setting and necessity of designation of the modern and contemporary cultural heritage districts;

3. Current status and basic survey plan of the registered cultural heritage located in modern and contemporary cultural heritage districts;

4. Matters concerning the conservation and utilization of registered cultural heritage located in the modern and contemporary cultural heritage districts;

5. Creation of landscape to maintain the modern and contemporary cultural heritage districts;

6. Financing and phased implementation plan;

7. Matters pertaining to support projects for the modern and contemporary cultural heritage districts under Article 38;

8. Other matters prescribed by Presidential Decree for the utilization of the modern and contemporary cultural heritage districts.

(2) In order to conserve and revitalize the modern and contemporary cultural heritage district, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may prohibit or restrict the establishment of any of the following businesses or facilities within the relevant modern and contemporary cultural heritage district:

1. Speculative business under the Act on Special Cases concerning Regulation and Punishment of Speculative Acts;

2. Business prescribed by Presidential Decree among food service businesses under the Food Sanitation Act;

3. Other businesses or facilities that may harm the purpose of designation of a modern and contemporary cultural heritage district, as determined by ordinance of the relevant local government.

(3) Other matters concerning the formulation, implementation, and change of utilization plans shall be prescribed by Presidential Decree.

ACT ON CONSERVATION AND UTILIZATION OF MODERN AND CONTEMPORARY CULTURAL HERITAGE

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic Principles) #

Article 4(Responsibilities of the State and Local Governments) #

Article 5(Relationship to Other Statutes) #

Article 6(Registration of State-Registered Cultural Heritage) #

Article 7(Public Notice and Notification of Registration) #

Article 8(Designation and Public Notification of Essential Conservation Elements) #

Article 9(Issuance of Registration Certificate) #

Article 10(Provisional State-Registered Cultural Heritage) #

Article 11(Application Mutatis Mutandis of Permitted Matters regarding Provisional State-Registered Cultural Heritage) #

Article 12(Management of State-Registered Cultural Heritage) #

Article 13(Management by Management Agency) #

Article 14(Special Management by the State) #

Article 15(Recording of State-Registered Cultural Heritage) #

Article 16(Matters to be Reported on State-Registered Cultural Heritage) #

Article 17(Report on Change of Current Status) #

Article 18(Permission to Change the Status Quo) #

Article 19(Revocation of Permission to Change of Status Quo) #

Article 20(Administrative Orders) #

Article 21(Regular Investigation) #

Article 22(Emergency Investigation) #

Article 23(Revaluation) #

Article 24(Determination and Dissemination of Acceptance Standards) #

Article 25(Cancellation of Registration) #

Article 26(Public Notice and Notification of Cancellation of Registration) #

Article 27(Prohibition of Export and Take-Out) #

Article 28(Support for Conservation Expenses of State-Registered Cultural Heritage) #

Article 29(Disclosure of State-Registered Cultural Heritage) #

Article 30(Collection and Reduction or Exemption of Admission Fees) #

Article 31(Special Cases concerning Building-to-Land Ratio and Floor Area Ratio of State-Registered Cultural Heritage) #

Article 32(Special Cases concerning Related Statues and Regulations on State-Registered Cultural Heritage) #

Article 33(Designation of Modern and Contemporary Cultural Heritage Districts) #

Article 34(Change of Zone of Modern and Contemporary Cultural Heritage Districts and Revocation of Designation) #

Article 35(Formulation of Plan to Utilize Modern and Contemporary Cultural Heritage Districts) #

Article 36(Proposal for Designation of Modern and Contemporary Cultural Heritage Districts and Formulation of Utilization Plan) #

Article 37(Special Cases under Statues and Regulations on Buildings) #

Article 38(Support and Management of Modern and Contemporary Cultural Heritage Districts) #

Article 39(Registration of City/Do Registered Cultural Heritage) #

Article 40(Cancellation of Registration of City/Do Registered Cultural Heritage) #

Article 41(Bearing of Expenses) #

Article 42(Reporting) #

Article 43(Provisions Applicable Mutatis Mutandis) #

Article 44(Selection of Preliminary Cultural Heritage) #

Article 45(Management of Preliminary Cultural Heritage) #

Article 46(Support for Preliminary Cultural Heritage) #

Article 47(Cancellation of Selection of Preliminary Cultural Heritage) #

Article 48(Request for Selection of Manager of Preliminary Cultural Heritage) #

Article 49(Provisions Applicable Mutatis Mutandis) #

Article 50(Preparation and Preservation of Records on Modern and Contemporary Cultural Heritage) #

Article 51(Support for Utilization of Modern and Contemporary Cultural Heritage) #

Article 52(Support for Organizations and Business Entities) #

Article 53(Fostering of Professional Manpower) #

Article 54(Support for Information Exchange) #

Article 55(Succession to Rights and Obligations) #

Article 56(Delegation and Entrustment of Authority) #

Article 57(Hearings) #

Article 58(Crimes of Unauthorized Export) #

Article 59(Induction of False Registration) #

Article 60(Crimes of Unauthorized Acts) #

Article 61(Crimes of Interfering with Management Activities) #

Article 62(Administrative Fines) #