Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Conservation and Utilization of Natural Heritage and the matters necessary for its implementation.
Article 2(Formulation and modification of natural heritage protection plans) #
(1) The Administrator of the Korea Heritage Service may operate an advisory group comprised of relevant experts, if necessary for the efficient formulation and modifications of a plan for protecting natural heritage under Article 6 (1) of the Act on the Conservation and Utilization of Natural Heritage (hereinafter referred to as the "Act") (hereinafter referred to as "protection plan").
(2) In the former part of Article 6 (3) of the Act, "owners, etc. and relevant experts prescribed by Presidential Decree" refers to the following persons:
1. The owner or custodian of natural heritage or a management organization designated under Article 26 of the Act (hereinafter referred to as "management organization");
2. The members of the Natural Heritage Committee under Article 7-2 of the Act;
3. Other persons with professional knowledge or experience related to natural heritage, as designated and publicly notified by the Administrator of the Korea Heritage Service.
(3) "Important matters prescribed by Presidential Decree" in the latter part of Article 6 (3) of the Act means matters specified in Article 6 (1) 1 and 4 of the Act.
(4) Where the Administrator of the Korea Heritage Service formulates or modifies a protection plan, he or she shall notify the heads of relevant central administrative agencies thereof.
Article 3(Formulation of implementation plans for natural heritage protection) #
(1) An annual implementation plan for the protection plan under Article 7 (1) of the Act (hereinafter referred to as "implementation plan") shall contain the following:
1. Direction-setting for implementing projects in the relevant year;
2. Implementation measures for each major project in the relevant year;
3. Detailed implementation plans for each major project in the relevant year;
4. Other matters necessary for the implementation of the protection plan.
(2) In accordance with Article 7 (2) of the Act, 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") shall submit an implementation plan for the relevant year and the outcomes of implementation for the previous year to the Administrator of the Korea Heritage Service by January 31 each year.
(3) In accordance with Article 7 (3) of the Act, the Administrator of the Korea Heritage Service and a Mayor/Do Governor shall publish the implementation plan for the relevant year on the bulletin boards and websites of the Korea Heritage Service, the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") by the last day of February of each year.
Article 4(Composition of the Natural Heritage Committee) #
(1) The chairperson of the Natural Heritage Committee under Article 7-2 of the Act (hereinafter referred to as the "Natural Heritage Committee") shall represent the Committee and exercise general supervision over the affairs of the Natural Heritage Committee.
(2) The Natural Heritage Committee shall have 1 vice-chairperson, who shall be elected from among the committee members.
(3) If the chairperson of the Natural Heritage Committee is unable to perform his or her duties due to unavoidable reasons, the vice-chairperson under paragraph (2) shall act on behalf of the chairperson, and if both the chairperson and the vice-chairperson are unable to perform their duties due to unavoidable reasons, the members of the Natural Heritage Committee shall act on behalf of the chairperson in order of seniority.
Article 5(Dismissal of members) #
The Administrator of the Korea Heritage Service may dismiss a member of the Natural Heritage Committee in any of the following cases:
Where the member becomes unable to perform his or her duties for a long period due to physical or mental debilitation;
Where the member is found to have committed misconduct in connection with his or her duties;
Where the member is deemed unfit for the position due to negligence of duty, impairment of dignity, or any other reasons;
Where the member fails to recuse himself or herself despite falling under any subparagraph of Article 6 (1);
Where the member expresses his or her intention that it is difficult to perform his or her duties;
6. Where the member becomes any of the following persons:
a. A cultural heritage dealer under Article 75 (2) of the Act on the Conservation and Utilization of Cultural Heritage;
b. National heritage repair contractor, national heritage survey and design contractor, or national heritage supervision contractor under the Act on National Heritage Maintenance;
c. Representatives or full-time executive officers and employees of a non-profit corporation established under Article 32 of the Civil Act for the purpose of a business related to the excavation of buried heritage under the Act on the Protection and Inspection of Buried Heritage;
7. If the member is appointed as a member of the City/Do natural heritage committee under Article 41-2 (1) of the Act (hereinafter referred to as "City/Do natural heritage committee").
Article 6(Exclusion of, challenge to, or recusal of members) #
(1) If a member of the Natural Heritage Committee falls under any of the following subparagraphs, he or she shall be excluded from the deliberation and resolution of the Natural Heritage Committee:
1. Where a member of the Natural Heritage Committee or his or her spouse or former spouse becomes a party to the relevant agenda (including its executive officers if the party is a corporation or organization; hereafter the same shall apply in this paragraph) or is a joint right holder or joint obligor with a party to the agenda;
2. Where a member of the Natural Heritage Committee is or was a relative of a party to the relevant agenda item;
3. Where a member of the Natural Heritage Committee testifies, makes a statement, advises, researches, provides services or provides an appraisal on the relevant agenda item;
4. Where a member of the Natural Heritage Committee or a corporation to which the member belongs is or was an agent of a party to the relevant agenda item;
5. In other cases where a member is deemed to have a direct interest with the party to the relevant agenda.
(2) Where a party has a ground to exclude a member of the Natural Heritage Committee under paragraph (1) or if there are circumstances that make it difficult to expect impartial deliberation and resolution, the party may file a request for challenge with the Natural Heritage Committee, and the Natural Heritage Committee shall determine whether to accept the challenge by resolution. In such cases, a member of the Natural Heritage Committee subject to a request for challenge shall not participate in the resolution.
(3) A member of the Natural Heritage Committee shall voluntarily recuse oneself from the deliberation or resolution of the relevant agenda item if he or she falls under the grounds specified in paragraph (1) or (2).
Article 7(Expert member of Natural Heritage Committee) #
(1) The number of expert members assigned to the Natural Heritage Committee under Article 7-2 (5) of the Act (hereafter referred to as "expert member" in this Article and Article 12) shall not exceed 50 persons.
(2) The Administrator of the Korea Heritage Service shall appoint the expert members from among the following persons, giving due consideration to gender:
1. A person who is or was an assistant professor or higher at the faculty related to natural heritage in a university or college defined in Article 2 of the Higher Education Act or at the Korea National University of Heritage established under the Act on the Establishment of the Korea National University of Heritage;
2. A person who has been engaged in affairs related to the conservation and utilization of natural heritage for at least 5 years.
(3) The term of office of an expert member shall be 2 years; provided, the term of office of an expert member newly appointed due to the dismissal of the existing expert member shall be the remaining term of office of the former expert member.
(4) Article 5 shall apply to the grounds for dismissal of an expert member.
Article 8(Operation of Natural Heritage Committee) #
(1) The chairperson of the Natural Heritage Committee shall convene and preside over the meetings of the Natural Heritage Committee.
(2) A majority of the members of the Natural Heritage Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(3) The Natural Heritage Committee shall have an executive secretary and clerks to handle the administrative affairs of the Natural Heritage Committee, and the executive secretary and clerks shall be appointed by the Administrator of the Korea Heritage Service from among public officials belonging to the Korea Heritage Service.
Article 9(Composition and operation of sectoral committees) #
(1) The sectoral committees established under the Natural Heritage Committee in accordance with Article 7-3 (2) of the Act (hereinafter referred to as "sectoral committees") and their divisions of duties are as follows:
1. Flora and Fauna Heritage Sectoral Committee: Matters relating to natural heritage corresponding to items a, b, and d of subparagraph 1 of Article 2;
2. Geological and Geomorphological Heritage Sectional Committee: Matters relating to natural heritage falling under subparagraph 1 c of Article 2 of the Act and buried heritage falling under subparagraph 3 of Article 2 of the Act on Protection and Inspection of Buried Heritage;
3. Scenic Sites and Traditional Landscape Sectoral Committee: Matters relating to natural heritage falling under subparagraphs 1 e through g of Article 2 of the Act and traditional landscapes under subparagraph 9 of that Article.
(2) The sectoral committee shall be composed of no more than 10 members, including 1 chairperson of the sectoral committee, and the sectoral committee chairperson shall be elected from among the sectoral committee members.
(3) Members of each sectoral committee shall be appointed by the Administrator of the Korea Heritage Service from among the members of the Natural Heritage Committee. In such cases, where the Administrator of the Korea Heritage Service deems it necessary for the efficient operation of subcommittees, he or she may designate 1 member as a member of at least 2 sectoral committees.
(4) Where the chairperson of a sectoral committee is unable to perform his or her duties due to any unavoidable reasons, the members of the sectoral committee shall act on behalf of the chairperson in order of seniority.
Article 10(Composition and operation of joint sectoral committees) #
(1) The chairperson of a joint sectoral committee under Article 7-3 (3) of the Act (hereinafter referred to as "joint sectoral committee") shall be elected from among and by the members of the joint sectoral committee.
(2) Meetings of a joint sectoral committee shall be convened by the chairperson of each sectoral committee or held at the request of the Administrator of the Korea Heritage Service.
Article 11(Composition and operation of subcommittees) #
The Natural Heritage Committee may form and operate the subcommittees when it deems necessary for professional and efficient deliberation.
Article 12(Allowances) #
The members, expert members, and specialists attending the Natural Heritage Committee, sectoral committees, joint sectoral committees, and subcommittees (hereinafter referred to as the "Natural Heritage Committee, etc.") may be paid allowances within the budgetary limits; provided, this shall not apply to pubic officials attending in direct connection with their duties.
Article 13(Preparation and disclosure of minutes) #
(1) The Natural Heritage Committee, etc. shall prepare the minutes containing the following matters; in such cases, if deemed necessary, stenography, recording, or videotaping may be used:
1. Date, time, and venue of the meeting;
2. Members present;
3. Matters deliberated upon and resolutions passed.
(2) The minutes prepared in accordance with paragraph (1) shall be made public; provided, in any of the following cases, they may not be made public upon resolution by the Natural Heritage Committee, etc.:
1. In cases where there is concern that disclosure of the minutes reveals personal information that may infringe upon property interests, privacy, or freedom;
2. In cases where it is recognized that fair investigation and deliberation may be affected because an investigation and deliberation are in progress;
3. In other cases where it is recognized that disclosure of the minutes may significantly harm the fairness of the investigation and deliberation.
Article 14(Operating rules) #
Except as provided in this Decree, matters necessary for the composition, operation, etc. of the Natural Heritage Committee, etc. shall be prescribed by the Administrator of the Korea Heritage Service.
Article 15(Survey of natural heritage) #
(1) Where the Administrator of the Korea Heritage Service and the head of a local government intend to conduct a survey under Article 8 (1) of the Act (hereafter referred to in this Article as "survey"), they shall prepare a survey plan that includes the following matters; in such cases, the head of the local government shall submit a survey plan to the Administrator of the Korea Heritage Service before the survey begins:
1. Purpose and background of the survey;
2. Period of the survey, surveyor, subject matters of the survey, and details of the survey;
3. Other matters necessary for conducting the relevant survey.
(2) Where the Administrator of the Korea Heritage Service and the head of a local government deems it necessary for the efficient conduct of a survey, he or she may request the owners, custodians, management organizations, or heads of related administrative agencies of natural heritage to cooperate in the following matters:
1. Access to areas necessary for the survey;
2. Submission, perusal, or lending of materials related to the survey.
(3) The Administrator of the Korea Heritage Service shall prepare a report on the survey results including the following matters within 60 days after completing the survey; in such cases, where the period of survey exceeds 1 year, an interim report including the following matters shall be prepared on each anniversary of the commencement of the survey:
1. Matters related to the surveyor, and the subject matters, progress, method, period, etc. of the survey;
2. Current status and characteristics of natural heritage by type;
3. Major threats to the conservation, management, and utilization of natural heritage;
4. The owner, custodian, or management organization of natural heritage subject to the survey and the history thereof;
5. Location of natural heritage subject to the survey and the history thereof;
6. Other matters necessary for the conservation, management, and utilization of natural heritage subject to the survey.
(4) The head of a local government shall submit a report on the survey results including the matters specified in the subparagraphs of paragraph (3) to the Administrator of the Korea Heritage Service within 60 days from the date the survey is completed. In such cases, where the period of survey exceeds 1 year, an interim report including the matters specified in the subparagraphs of paragraph (3) shall be submitted on each anniversary of the commencement of the survey.
Article 16 #
Deleted. <Feb. 13, 2025>
Article 17(Acts that may affect conservation of natural monuments) #
"Acts prescribed by Presidential Decree" in Article 10 (4) 6 of the Act means the following acts: <Amended on Feb. 13, 2025>
1. Construction works under Article 2 (8) of the Act on the Conservation and Utilization of Cultural Heritage (hereinafter referred to as "construction works") in a water system that may affect the quality and quantity of waterways in the area where natural monuments, etc. are located;
2. Acts that may impair the conservation of natural monuments, etc., by damaging historic sites connected to the natural monuments, etc.;
3. Acts of marking the nests or eggs of natural monuments, etc., or collecting or damaging such nests, eggs, fruits, or seeds of plants in areas where natural monuments, etc. inhabit, breed, migrate, or form colonies;
4. Any other acts conducted in areas outside the outer boundaries of natural monuments, etc., which the Administrator of the Korea Heritage Service or the head of the relevant local government publicly notifies as acts likely to affect the historical, scenic, or academic value of natural monuments, etc.
Article 18(Designation of natural monuments) #
(1) The criteria for designation of natural monuments under Article 11 (1) of the Act shall be as specified in Appendix 1.
(2) Where the Administrator of the Korea Heritage Service intends to designate a natural heritage as a natural monument under Article 11 (1) of the Act, he or she shall request at least 3 relevant experts to conduct a survey on the relevant natural heritage.
(3) The relevant expert requested to conduct a survey under paragraph (2) shall prepare a survey report and submit it to the Administrator of the Korea Heritage Service.
(4) If the Administrator of the Korea Heritage Service, upon reviewing the survey report under paragraph (3), determines that the relevant natural heritage is worthy of being designated as a natural monument, he or she shall give prior notice of details of such determination in the Official Gazette for at least 30 days.
(5) The Administrator of the Korea Heritage Service shall determine whether to designate the natural heritage as a natural monument after deliberation by the Natural Heritage Committee within 6 months from the date of completion of the prior notice under paragraph (4).
(6) In cases where the Administrator of the Korea Heritage Service is unable to decide whether to designate a natural monument within the period specified in paragraph (5) due to unavoidable reasons such as objections raised by interested parties, and if it is necessary to re-determine whether to designate it, a prior public notice under paragraph (4) shall be given and the deliberation procedure under paragraph (5) shall be undergone again.
Article 19(Designation of scenic spots) #
(1) The criteria for designating the scenic spots under Article 12 (1) of the Act shall be as specified in Appendix 2.
(2) Article 18 (2) through (6) shall apply mutatis mutandis to the procedures and methods for designating scenic spots under Article 12 (1) of the Act.
Article 20(Submission of data for designation) #
If there is a natural heritage to be designated as a natural monument or scenic spot under Articles 11 and 12 of the Act, the City Mayor/Do Governor shall, without delay, submit necessary materials for designation, such as photographs, drawings, and recordings, as prescribed by Decree of the Ministry of Culture, Sports, and Tourism, to the Administrator of the Korea Heritage Service.
Article 21(Criteria for designation and procedures for protective facilities or protection zones) #
(1) Criteria for designating protective facilities or protection zones under Article 13 (1) of the Act shall be as specified in Appendix 3.
(2) Article 18 (2) through (6) shall apply mutatis mutandis to the procedures and methods for designating protective facilities or protection zones under Article 13 (1) of the Act.
Article 22(Review on appropriateness of protective facilities or protection zones) #
(1) The Administrator of the Korea Heritage Service may request the Mayor/Do Governor to present the following data if deemed necessary for the examination of the appropriateness of designation or adjustment of protective facilities or protection zones (hereinafter referred to as "appropriateness of protection zones, etc.") in accordance with Article 13 (3) of the Act; in such cases, the Mayor/Do Governor shall present the relevant data to the Administrator of the Korea Heritage Service within 30 days after receiving such request unless there is a special reason not to do so:
1. Opinions of the owners of land or buildings in the relevant protective facilities or protection zone with respect to the appropriateness of protection zones, etc.;
2. Opinions of the owners, custodians, or management organizations of the relevant natural monuments or scenic spots with respect to the appropriateness of protection zones, etc.;
3. Data on the historical and cultural environment of protective facilities or protection zones;
4. Other data deemed necessary by the Administrator of the Korea Heritage Service to examine the appropriateness of protection zones, etc.
(2) Where the Administrator of the Korea Heritage Service examines the appropriateness of protection zones, etc., he or she shall hear the opinions of at least 3 relevant experts.
(3) Where the Administrator of the Korea Heritage Service deems it necessary to revoke or adjust the designation of relevant protective facilities or protection zones based on the results of examination of the appropriateness of the protection zones, etc., he or she shall give prior notice of the details thereof in the Official Gazette for at least 30 days.
(4) The Administrator of the Korea Heritage Service shall determine whether to revoke or adjust the designation of relevant protective facilities or protection zones after deliberation by the Natural Heritage Committee within 6 months from the date of completion of the advance notice under paragraph (3).
(5) Where the Administrator of the Korea Heritage Service fails to determine whether to revoke or adjust the designation under paragraph (4) within 6 months due to inevitable reasons, such as an objection raised by interested parties, and if it is necessary to determine whether to revoke or adjust the designation again, he or she shall give a prior notice under paragraph (3) and undergo the procedures for deliberation under paragraph (4) again.
Article 23(Postponement of examination period for appropriateness of protection zones for natural monuments and scenic spots) #
"Period prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 13 (3) of the Act means the period classified as follows:
1. In cases where it is impossible to examine the appropriateness of the protection zones, etc. due to inevitable grounds, such as war and natural disaster: Up to 1 year from the date on which such grounds cease to exist;
2. In cases where it is impractical to examine the appropriateness of protection zones, etc. because a lawsuit is pending in relation to the natural monument or scenic spot, or its protective facilities or protection zone: 1 year from the date such lawsuit is closed.
Article 24(Revocation and adjustment of designation of protective facilities or protection zone) #
?Article 18 (2) through (6) shall apply mutatis mutandis to procedures and methods where the Administrator of the Korea Heritage Administration intends to revoke or adjust the designation of protective facilities or a protection zone under Article 13 (4) of the Act (excluding the revocation or adjustment of designation following examination of the appropriateness of protection zones, etc.).
Article 25(Public notice of designation) #
Where the Administrator of the Korea Heritage Service publicly notifies the designation of natural monuments or scenic spots (including protective facilities or protection zones; hereafter the same shall apply in this Article and Article 26) under Article 14 of the Act, he or she shall include the following matters:
1. The name, quantity, location, or storage place of natural monuments or scenic spots and their protective facilities or protection zone;
2. The name and address of the owners or occupants of natural monuments or scenic spots and their protective facilities or protection zone;
3. Purport and grounds for designation.
Article 26(Procedures for revocation of designation) #
Article 18 (2) through (6) and Article 25 shall apply mutatis mutandis to the procedures and methods for the revocation of designation of natural monuments or scenic spots under Article 15 (1) of the Act.
Article 27(Procedures for permission) #
(1) A person seeking permission or permission for modifications from the Administrator of the Korea Heritage Service under the main clause, with the exception of the subparagraphs, of Article 17 (1) of the Act shall submit a written application for permission or permission for modifications in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, attached with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, to the Administrator of the Korea Heritage Service through the 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 the same shall apply), who has jurisdiction over the location of relevant natural monuments or scenic spots. In such cases, the head of a Si/Gun/Gu shall notify the competent Mayor/Do Governor of the details of the application for permission or permission for modifications, etc.
(2) Notwithstanding the former part of paragraph (1), a person who intends to obtain permission or permission for modifications for any of the following acts shall directly submit a written application for permission or permission for modifications to the Administrator of the Korea Heritage Service:
1. Any acts publicly notified by the Administrator of the Korea Heritage Service among acts specified in Article 17 (1) 1 b of the Act;
2. Any acts specified in Article 17 (1) 3 of the Act;
3. Any acts specified in the subparagraphs of Article 17 (1) of the Act performed within natural monuments or scenic spots directly managed by the Administrator of the Korea Heritage Service.
(3) A person who intends to obtain permission or permission for modifications from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act shall submit an application for permission or permission for modifications in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
Article 28(Acts subject to permission) #
(1) "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" in the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act means any of the following acts:
1. Any of the following acts; provided, acts targeting relevant natural monument or scenic spot shall be excluded herefrom:
a. Repairing a structure to restore it to its original form;
b. Repairing a traditional Korean-style wall to restore it to its original form;
c. New construction, remodeling, or extending of buildings or installing facilities that are publicly notified by the Administrator of the Korea Heritage Service in consideration of the characteristics of natural heritage;
d. Installing information boards, warning signs, marker stones, or protective fences at the locations of natural monuments or scenic spots;
e. Installing electric facilities under the Electric Utility Act and firefighting systems under the Act on Installation and Management of Firefighting Systems;
f. General protection and management of trees, such as pruning, preventing damage by blight and harmful insects, and fertilizing;
g. Harvesting seeds and seedlings for academic and research purposes or conservation.
2. Acts of breeding, preparing specimens or taxidermy, or burying or incinerating dead natural monuments that are publicly notified by the Administrator of the Korea Heritage Service, among the acts prescribed in Article 17 (1) 1 b of the Act;
3. Acts determined and publicly notified as minor by the Administrator of the Korea Heritage Service, among the acts under Article 17 (1) 2 of the Act;
4. Acts specified in the subparagraphs of paragraph (3);
5. Acts determined and publicly notified as minor by the Administrator of the Korea Heritage Service, among the acts under Article 17 (1) 4 of the Act.
(2) In Article 17 (1) 1 c of the Act, "acts prescribed by Presidential Decree, such as reclaiming land or waters" means the following acts performed within natural monuments (including protective facilities, protection zones, and natural monuments, which are dead and have been declared for importation or brought into the Republic of Korea under Article 21 (2) of the Act; the same shall apply in paragraph (3)) or scenic spots (including protective facilities and protection zone; hereafter the same shall apply in paragraph (3)):
Article 29(Notice of permission or permission for modifications) #
(1) Where the Administrator of the Korea Heritage Service, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gu/Gu notifies an applicant of permission or permission for modifications under Article 17 (5) of the Act, he or she shall issue a permit or a permit for modifications in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism.
(2) Where the Administrator of the Korea Heritage Service issues a permit or a permit for modifications under paragraph (1) (excluding cases where a permit is issued for activities specified in subparagraphs of Article 27 (2)), he or she shall issue such permit or permit for modifications through a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the location of relevant natural monument or scenic spot.
(3) Where the Administrator of the Korea Heritage Service issues a permit under paragraph (1) (excluding cases where a permit is issued for acts specified in subparagraphs of Article 27 (2)), he or she shall notify the Mayor/Do Governor (excluding a Special Self-Governing City and a Special Self-Governing Province Governor) having jurisdiction over the location of relevant natural monument or scenic spot of the matters subject to permission, etc.
Article 30(Investigation for permission) #
(1) The scope of relevant experts who are permitted to conduct an investigation under Article 18 (2) of the Act shall be as follows:
1. The members or expert members of the Natural Heritage Committee;
2. The members or expert members of the City/Do Natural Heritage Committee;
3. A faculty member who is currently working as an assistant professor or higher in a department related to natural heritage at a school defined in Article 2 of the Higher Education Act;
4. A senior research official, a research official, or a professional experienced official of Grade B or higher who is in charge of the natural heritage affairs;
5. A faculty member who is working as an assistant professor or higher in a department related to construction, civil engineering, environment, urban planning, noise, vibration, air pollution, chemical substance, dust, or heat at a school defined in Article 2 of the Higher Education Act;
6. A person recommended from an academic society related to a field specified in subparagraph 5;
7. Other persons who have engaged in the natural heritage-related filed for at least 5 years and recognized by the Administrator of the Korea Heritage Service as having abundant knowledge and experience in natural heritage.
(2) The relevant expert requested to conduct an investigation under Article 18 (2) of the Act shall prepare an investigation report and submit it to the Administrator of the Korea Heritage Service, a Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
Article 31(Reporting on appointment of custodians) #
(1) A person who intends to file a report under the main clause, with the exception of the subparagraphs, of Article 21 (1) of the Act shall submit a report in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, to the Administrator of the Korea Heritage Service through the head of a Si/Gun/Gu or the Mayor/Do Governor having jurisdiction over the location of the relevant natural monument or scenic spot, within 15 days (in cases specified in Article 21 (1) 8 of the Act, 3 months from the date of designation) from the date on which the ground for such report occurs.
(2) A person who intends to file a report under the proviso, with the exception of the subparagraphs, of Article 21 (1) of the Act shall submit to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu a report in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents evidencing the commencement or completion of acts permitted under the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act, within 15 days from the date of commencement or completion of the relevant acts.
(3) "Acts prescribed by Presidential Decree, such as taking measures necessary for the prevention of danger, including medical treatment and disease, conservation, and survival" in Article 21 (1) 10 of the Act means the following acts:
1. Emergency burial and incineration of a carcass caused by contagious animal disease under the Act on the Prevention of Contagious Animal Diseases;
2. Emergency measures, such as capture, to prevent accidents caused by collisions between aircraft and animals that are natural monuments, and their aftercare.
Article 32(Import declaration and reports on bringing-in) #
(1) Where a person intends to report the importation or bringing-in from abroad of the species of animals (including subspecies; hereafter the same shall apply in this Article) designated as natural monuments under Article 21 (2) of the Act, he or she shall file an import declaration or a report on bringing-in of the animals in the from prescribed by Decree of the Ministry of Culture, Sports and Tourism with the Administrator of the Korea Heritage Service within 30 days after the import or bringing-in of the relevant animals, along with the following documents:
1. Documents to verify the exact account of the import or bringing-in of relevant animals into the Republic of Korea;
2. A certificate of origin;
3. A photography of the relevant animals.
(2) Upon receipt of a written declaration or report on the importation or bringing-in of animals under paragraph (1), the Administrator of the Korea Heritage Service shall prepare and manage (including preparation and management by electronic means) the register of reports on importation or bringing-in, containing the following:
1. Name and address of the importer or shipper;
2. Purpose of import or brining-in;
3. Country of origin and date of customs clearance of the animals;
4. Information on the species name, sex, age, weight, imported quantity, etc. of animals;
5. Place where the animals are kept.
Article 33(Reporting on construction works in historical and cultural environment conservation areas) #
(1) A person who intends to file a report under the main clause of Article 21 (5) of the Act shall submit to the Administrator of the Korea Heritage Service a report in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, through the head of a Si/Gun/Gu or the Mayor/Do Governor having jurisdiction over the location of the relevant natural monument or scenic spot, along with documents evidencing the commencement or completion of the acts permitted or permitted for modifications thereof under the main clause, with the exception of the subparagraphs, of Article 17 (1) of the Act, within 15 days from the date of commencement or completion of the relevant acts.
(2) A person who intends to file a report under the proviso of Article 21 (5) of the Act shall submit to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu a report in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, along with documents evidencing the commencement or completion of the acts permitted or permitted for the modifications thereof under the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act, within 15 days from the date of commencement or completion of the relevant acts.
Article 34(Administrative orders) #
(1) Where the Administrator of the Korea Heritage Service or the head of a local government issues an order to take measures under Article 22 (1) of the Act, he or she shall determine and notify the deadline for such measures.
(2) In Article 22 (1) 1 of the Act, "prohibition or restriction of acts prescribed by Presidential Decree" means the prohibition or restriction of any of the following acts:
1. The act of neglecting artificial structures or damaged information boards that may pose a risk of harm to a natural monument or scenic site;
2. The act of neglecting pollutants or waste materials that may pose a risk of contaminating a natural monument or scenic site;
3. The act of neglecting any organism specified in any of the following items that may pose a risk of damaging the ecosystem of a natural monument or scenic site:
a. Ecosystem-disturbing species under the Act on the Conservation and Use of Biological Diversity;
b. Marine ecosystem-disturbing species under the Conservation and Management of Marine Ecosystems Act;
(3) "Acts prescribed by Presidential Decree" in Article 22 (1) 3 of the Act means the following acts:
1. The act of wildfire suppression or control of forest pests and diseases;
2. The act of capturing or bringing-out feral animals designated and publicly notified under Article 24 (1) of the Wildlife Protection and Management Act;
3. The act of capturing or collecting other animals or plants in response to disease infection or population decline of animals or plants designated as natural monuments;
4. The act of capturing, collecting, or brining-out of living organisms under paragraph (2) 3 or harmful wild animals under the Wildlife Protection and Management Act.
(4) The Administrator of the Korea Heritage Service or the head of a local government shall notify the owner, custodian, or management organization of natural monuments or scenic spots in writing of the name and quantity of the natural monuments or scenic spots, details of measures, time of commencement, and other necessary matters in order to carry out the measures under Article 22 (1) 1 through 4 of the Act at the expense of the State in accordance with Article 22 (2) of the Act.
Article 35(Designation of management organization) #
(1) Where the Administrator of the Korea Heritage Service designates a management organization under Article 26 (1) of the Act, he or she shall issue a certificate of designation in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism.
(2) Where the Administrator of the Korea Heritage Service issues a certificate of designation under paragraph (1), he or she shall record the relevant particulars in the register of certificates of designation for management organizations of natural monuments or scenic sites, as prescribed by Decree of the Ministry of Culture, Sports and Tourism, and shall manage such register.
(3) A management organization that has been issued a certificate of designation under paragraph (1) shall return the certificate of designation within 10 days after the period of designation expires or the designation is revoked.
Article 36(Entrustment of management affairs) #
(1) A local government designated as a management organization under Article 26 (1) and (2) of the Act may entrust all or part of the management affairs of a natural monument or scenic spot to a corporation or organization that falls under any of the following subparagraphs in accordance with paragraph (3) of that Article:
1. Corporations or organizations established for the purpose of investigation, research, conservation, management, or utilization of natural heritage;
2. Schools and the affiliated institutions thereof under Article 2 of the Higher Education Act;
3. Science museums registered under Article 6 (1) of the Act on Establishment, Operation and Promotion of Science Museums;
4. Korea Institute of Geoscience and Mineral Resources established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
5. Zoos or aquariums permitted under Article 8 of the Act on the Management of Zoos and Aquariums;
6. Arboretums or gardens registered under Article 9 or 18-4 of the Act on the Creation and Furtherance of Arboretums and Gardens;
7. Other institutions prescribed by ordinance of the relevant local government, as recognized to have expertise in the management affairs of natural monuments or scenic spots.
(2) A local government designated as a management organization under Article 26 (1) and (2) of the Act shall, when deciding whether to entrust business affairs under paragraph (3) of that Article, verify the records of performing its affairs related to the conservation, management, and utilization of natural monuments or scenic spots for the last 3 years.
(3) A local government designated as a management organization under Article 26 (1) and (2) of the Act shall notify the entrusted person and the details of entrusted affairs where the business affairs are entrusted under paragraph (3) of that Article.
Article 37(Procedures for periodic investigation and additional investigation) #
(1) The investigation conducted under Article 28 (1) of the Act (hereinafter referred to as "periodic investigation") and an investigation to be additionally conducted under paragraph (2) of that Article (hereinafter referred to as "additional investigation") shall be conducted by means of on-site investigation, document reviews, or other appropriate methods, and shall include the matters specified in each of the following subparagraphs:
1. The increase or decrease in the population of animals or plants designated as natural monuments, as well as their habitat, breeding, and other environmental conditions;
2. The ecological characteristics of the species of animals or plants designated as natural monuments, as well as the current status of their habitats, breeding sites, stopover sites, or colonies;
3. Major threats to the conservation, management, and utilization of animals and plants designated as natural monuments;
4. Characteristics and current status of the space and products subject to investigation, such as natural landscapes and geology affected by climate change;
5. Current status of climate change in the areas subject to investigations;
6. Other matters necessary for the conservation, management, and utilization of natural monuments or scenic spots.
(2) Where a public official who conducts periodic and additional investigations requests cooperation or performs any acts necessary for the investigation under Article 28 (5) of the Act, he or she shall carry a certificate indicating his or her authority and produce it to the relevant persons.
(3) Except as provided in paragraphs (1) and (2), detailed matters necessary for the procedures, methods, etc. for the periodic and additional investigations shall be determined and publicly notified by the Administrator of the Korea Heritage Service.
Article 38(Entrustment of periodic investigations) #
(1) The Administrator of the Korea Heritage Service may entrust any of the following institutions or organizations with the business affairs related to periodic and additional investigations on the natural monuments or scenic spots under Article 28 (6) of the Act:
1. A corporation or organization established for the purpose of investigation, research, education, repair, or academic activities related to natural heritage;
2. A natural heritage-related research institution or an industry-academic cooperation foundation affiliated with a school defined in Article 2 of the Higher Education Act;
3. Science museums registered under Article 6 (1) of the Act on Establishment, Operation and Promotion of Science Museums;
4. Korea Institute of Geoscience and Mineral Resources established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
5. A biological resource center established under the Act on the Establishment and Operation of Biological Resource Institute;
6. A marine biological resource center established under Article 40 of the Conservation and Management of Marine Ecosystems Act;
7. Any other institutions or organizations recognized and publicly notified by the Administrator of the Korea Heritage Service as having expertise in the investigation of natural monuments or scenic spots.
(2) In the cases where the Administrator of the Korea Heritage Service entrusts business affairs related to periodic and additional investigations under Article 28 (6) of the Act, he or she shall publicly notify the entrusted person and the details of the entrusted business affairs.
Article 39(Bringing-in of animals as natural monuments to management area) #
"Cases prescribed by Presidential Decree" in the proviso of Article 34 (1) of the Act means any of the following cases:
1. Where it is deemed necessary for testing and research;
2. Where the animals to be brought in have no reproductive ability due to neutralization surgery;
3. Where it is necessary for the promotion of animals as natural monuments, such as participation in a fair;
4. Where animals that are registered under Article 15 of the Animal Protection Act and that are bearing the identification tags under Article 16 (2) 2 of that Act are brought in.
Article 40(Establishment and operation of management office for natural reserves) #
(1) The Administrator of the Korea Heritage Service may, if necessary for the establishment and operation of a management office for the natural reserve under Article 36 (1) of the Act (hereinafter referred to as "management office"), formulate a master plan therefor (hereinafter referred to as "master plan").
(2) The master plan shall include the following information:
1. Matters related to the policy objectives and basic direction of the management office;
2. Matters related to long- and short-term business plans of the management office;
3. Matters related to the current status of conservation, management, and utilization of the natural reserve;
4. Other matters necessary for the constant and systematic conservation and management of the natural reserv e.
(3) The functions of the management office shall be as follows:
1. Professional and academic survey and research on the animals and plants (including their habitats, breeding grounds, stopover sites, and colonies), topography, geology, biological products, or natural phenomena in the natural reserve (hereinafter referred to as "natural reserve resources"; hereafter the same shall apply in this Article);
2. Promoting projects for the collection, conservation, management, and utilization of the natural reserve resources;
3. Conservation and management of the ecosystems, facilities, and the surrounding environment of the natural reserve.
(4) Except as provided in paragraphs (1) through (3), detailed matters necessary for the procedures for formulating the master plans as well as the establishment and operation of the management office shall be determined and publicly notified by the Administrator of the Korea Heritage Service.
Article 41(Formulation of maintenance plans for scenic spots) #
(1) Where the owner, etc. of a scenic spot formulates a maintenance plan for scenic spots under Article 37 (1) of the Act, the period and scope of such plan shall be as follows:
1. Contract period: 10 years;
2. Scope of planning: An area designated as a scenic spot and an area designated as the protection area thereof.
(2) Except as provided in paragraph (1), matters necessary for the methods, procedures, implementation, etc. of the formulation of maintenance plans for the scenic spots shall be determined and publicly notified by the Administrator of the Korea Heritage Service.
Article 42(Measures necessary for prevention of or recovery from disasters) #
"Matters prescribed by Presidential Decree" in Article 38 (2) of the Act means the following matters:
1. The following matters to prevent disasters:
(a) Matters related to the installation of sign boards indicating the danger of disaster, information boards specifying evacuation routes, evacuation methods, etc., or fences, signs, etc. for access control;
(b) Matters related to measures necessary to prevent disasters in natural monuments or scenic spots, such as dredging rivers, ponds, etc. and installation of facilities for the prevention of disasters, such as fires and landslides;
(c) Matters related to the movement, storage, or protection of natural monuments necessary for the prevention of disasters;
2. The following matters necessary for the recovery from disaster:
(a) Matters related to emergency measures necessary for disaster recovery, such as tree planting and environmental cleanup;
(b) Matters related to the implementation of a resting year system in which access to all or part of the relevant area is restricted or prohibited for a certain period for the restoration of natural monuments or scenic spots in which a disaster has occurred;
3. Other matters determined and publicly notified by the Administrator of the Korea Heritage Service as necessary for the prevention of and restoration from disasters on natural monuments or scenic spots.
Article 43(Repair of natural monuments or scenic spots) #
(1) "Acts prescribed by Presidential Decree" in Article 39 (1) 1 of the Act means the following acts:
1. Urgent pest control measures or fertilization for the protection of plants;
2. Planting native herbaceous flowers or dredging existing ponds, etc.;
3. Removing dead trees or branches that are not harmful to natural scenery, etc.;
4. Other minor acts that do not affect the conservation of natural monuments or scenic spots, as determined and publicly notified by the Administrator of the Korea Heritage Service. (1) "Acts prescribed by Presidential Decree" in Article 39 (1) 2 of the Act means the following acts:
1. Any acts specified in Article 17 (1) 1 (b) of the Act (excluding specimens and taxidermy);
2. Any acts specified in Article 17 (1) 1 (d) of the Act.
(3) The Act on National Heritage Maintenance shall apply to the standards, methods, procedures, etc. for the repair of natural monuments or scenic spots under Article 39 (2) of the Act.
Article 44(Postponement of period for review of appropriateness of protection zones of City/Do natural heritage) #
"Period prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 41 (3) of the Act means the period classified as follows:
1. In cases where it is impossible to examine the appropriateness of the protection zones, etc. due to inevitable grounds, such as war and natural disaster: Up to 1 year from the date on which such grounds cease to exist;
2. Where it is impractical to examine the appropriateness of the protection zones, etc. because a lawsuit is pending in relation to City/Do natural heritage or natural heritage materials, or its protective facilities or protection zone: 1 year from the date such lawsuit is closed.
Article 45(Notification) #
Where a case specified in any subparagraph of Article 43 (1) of the Act arises, the Mayor/Do Governor shall notify it to the Administrator of the Korea Heritage Service within 15 days from the date on which such case arises.
Article 46(Method of concluding natural heritage management agreements) #
(1) If the owner, custodian, or management organization of natural monument, etc. (including protective facilities, protection zones, and historical and cultural environment conservation zones; hereafter the same shall apply in this Article) wishes to enter into a management agreement under Article 44 (1) of the Act (hereinafter referred to as a "management agreement"), it shall prepare and submit to the Administrator of the Korea Heritage Service or the head of a local government a draft of the management agreement, containing the following matters:
1. Title of the management agreement;
2. Location and scope of the area subject to the management agreement;
3. Objectives of the management agreement;
4. Details of the management agreement;
5. Name, title, and address of the owner, custodian, or management organization who enters into the management agreement;
6. Term of validity of the management agreement;
7. Other matters prescribed and publicly notified by the Administrator of the Korea Heritage Service as necessary for the management agreement.
(2) Upon receipt of a draft management agreement under paragraph (1), the Administrator of the Korea Heritage Service or the head of a local government shall consult and coordinate with a person who submits the draft management agreement on necessary matters, such as the details of the management agreement.
(3) Where the Administrator of the Korea Heritage Service or the head of a local government intends to conclude a management agreement after completing consultation and coordination under paragraph (2), he or she shall post the matters specified in the subparagraphs of paragraph (1) on the bulletin board and website of the Korea Heritage Service or the relevant local government for at least 15 days.
Article 47(Details and implementation of resident support projects) #
(1) The specific details of the resident support project under Article 50 (1) of the Act shall be as follows:
1. Support projects for resident organizations established for the activities such as conservation, management, and utilization of natural monuments, scenic spots, or their genetic resources, or improvement of historical and cultural environment;
2. Projects to improve the living environment of local residents living in natural monuments or scenic spots (including protective facilities and protection zones; hereafter the same shall apply in this Article), which are specified in the following items:
(a) Projects to improve the residential environment, such as housing repair;
(b) Projects to improve the infrastructure, such as roads, parking lots, and water and sewage systems;
(2) Where the head of a local government intends to implement a resident support project under Article 50 of the Act, he or she shall formulate a plan for the resident support project including the following matters and submit it to the Administrator of the Korea Heritage Service by the end of February each year:
1. Overview of project;
2. Purpose of project;
3. Areas and number of households eligible for support;
4. Funding plan and the total amount of support;
5. Implementation plans and needs of each project;
6. Other matters necessary for implementing the support projects.
(3) Where the head of a local government formulates a resident support project plan under paragraph (2), he or she shall hear opinions of residents living in the relevant natural monument or scenic spot in advance, and consult in advance with the heads of relevant administrative agencies.
Article 48(Compensation for losses) #
(1) Specific objects of compensation for loss under Article 61 (1) of the Act shall be as follows:
1. A person who falls under Article 61 (1) 1 of the Act: The amount of loss incurred due to the inability to use the land, facilities, etc. for their original purposes due to access to another person's land, etc., measurement, excavation, removal of obstacles, sampling, or other investigation;
2. Any acts specified in Article 61 (1) 2 of the Act: The following expenses:
(a) Expenses incurred in complying with orders issued under Article 22 (1) 1 through 4 of the Act;
(b) The amount of loss incurred due to the failure to preserve, manage, or utilize natural monuments or scenic spots for their original purposes due to compliance with orders issued under Article 22 (1) 1 through 4 of the Act;
3. A person who falls under Article 61 (1) 3 of the Act: The amount of loss incurred due to the failure to preserve, manage, or utilize a natural monument or scenic spot for its original purpose; provided, the amount of loss incurred by a person who violates an order issued under Article 22 (1) of the Act without justifiable grounds shall be excluded.
(2) A person who intends to be compensated for any loss under paragraph (1) shall submit to the Administrator of the Korea Heritage Service an application in the form prescribed by Decree of the Ministry of Culture, Sports and Tourism, stating the name, quantity, location, or storage place of the natural monument or scenic spot and the grounds therefor, along with documents evidencing the loss.
(3) Upon receipt of an application under paragraph (2), the Administrator of the Korea Heritage Service shall determine the amount of compensation after hearing the opinion of the applicant and notify the applicant thereof. In such cases, the amount of compensation shall be determined within 15 days from the date of receipt of the application.
(4) Except as provided in paragraphs (1) through (3), the details of the objects and procedures for compensation for losses shall be determined and publicly notified by the Administrator of the Korea Heritage Service.
Article 49(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 70 of the Act shall be as specified in Appendix 4.