SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON THE PROTECTION OF CULTURAL ASSETS
- Enactment No. 1167, Jun. 25, 1971
- Partial Amendment No. 1730, Dec. 28, 1977
- Amendment of Other Laws No. 1993, Sep. 23, 1982
- Whole Amendment No. 2098, Mar. 19, 1985
- Partial Amendment No. 2205, Dec. 31, 1987
- Partial Amendment No. 2638, Sep. 26, 1994
- Whole Amendment No. 3083, Dec. 20, 1999
- Partial Amendment No. 3312, Apr. 09, 2003
- Partial Amendment No. 3678, Aug. 06, 2009
- Amendment of Other Laws No. 3711, Dec. 10, 2009
- Whole Amendment No. 3856, Apr. 19, 2012
- Amendment of Other Laws No. 3873, Sep. 28, 2012
- Partial Amendment No. 3969, May. 22, 2014
- Whole Amendment No. 4119, Oct. 13, 2016
- Amendment of Other Laws No. 4303, Oct. 10, 2019
- Partial Amendment No. 4323, Jan. 16, 2020
Amendment of Other Laws No. 3873, Sep. 28, 2012 | Partial Amendment No. 3969, May. 22, 2014 |
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to prescribe matters delegated by the Seoul Metropolitan Government Ordinance on the Protection of Cultural Heritage and matters necessary for the enforcement thereof.
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Article 2 (Definitions)
The definitions of terms used in this Rule shall be as follows:
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CHAPTER II FORMULATION AND IMPLEMENTATION OF POLICIES ON PROTECTION OF CULTURAL HERITAGE
Article 3 (Procedures for Formulation of Implementation Plan for Preservation of Cultural Heritage, etc.)
(1) The following shall be included in an implementation plan by year on the master plan for cultural heritage (hereinafter referred to as "implementation plan") under Article 3 of the Ordinance:
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CHAPTER III DEVELOPMENT OF INFRASTRUCTURE FOR PRESERVATION OF CULTURAL HERITAGE
Article 4 (Procedures for Basic Investigation of Cultural Heritage)
(1) If the Mayor intends to conduct a basic investigation of cultural heritage under Article 5 (1) of the Ordinance, he/she shall prepare a plan for investigation including overall matters, such as investigators, subjects of investigation, the details of investigation, and submit such plan to the Administrator of the Cultural Heritage Administration before he/she starts the basic investigation.
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Article 5 (Scope of Establishment of Cultural Heritage Information System and Operation thereof, etc.)
(1) The scope of the establishment of the cultural heritage information system under Article 6 (3) of the Ordinance shall be as follows:
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Article 6 (Preparation of Manuals to Deal with Fire)
(1) The scope of cultural heritage for which manuals to deal with fire should be prepared shall be as follows:
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CHAPTER IV DESIGNATION OF CULTURAL HERITAGE
Article 7 (Criteria for Designation of Designated Cultural Heritage)
Criteria for designation of designated cultural heritage under Article 8 of the Ordinance shall be as specified in attached Table 1.
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Article 8 (Procedures for Designation of Designated Cultural Heritage)
(1) Where an owner of cultural heritage or a third party intends to apply for designation of cultural heritage, he/she shall prepare and submit an application for designation of cultural heritage in Form 1 to the Mayor.
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Article 9 (Criteria and Procedures for Recognition of Holders or Honorary Holders of Intangible Cultural Heritage)
(1) Where the Mayor recognizes a holder (including a holder group; hereinafter the same shall apply) or honorary holder of intangible cultural heritage under the provisions of Article 8 (2) through (4) of the Ordinance, he/she shall comply with the following criteria:
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Article 10 (Criteria and Procedures for Designation of Cultural Heritage Resources)
(1) Cultural heritage resources shall be designated as a whole, without classifying them by types under Article 8 (1) of the Ordinance, and criteria stipulated in attached Table 1 shall apply mutatis mutandis thereto.
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Article 11 (Criteria and Procedures for Designation of Protected Objects or Protected Areas)
(1) Criteria for designation of a protected object or protected area under Article 10 of the Ordinance shall be as specified in attached Table 2.
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Article 12 (Announcement of Designation, Recognition, Cancellation, etc.)
Where the Mayor designates or recognizes cultural heritage pursuant to Article 11 of the Ordinance or cancels the designation or recognition thereof pursuant to Article 14 of the Ordinance, he/she shall announce the following in the Official Gazette of the Seoul Metropolitan Government:
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Article 13 (Data Relating to Designation)
(1) The following shall be included in an application for designation which should be submitted for designation of designated cultural heritage, etc. or its protected object or protected area:
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Article 14 (Certificate of Designation of Tangible Cultural Heritage, etc.)
(1) The following shall be mentioned in a certificate of designation of tangible cultural heritage, a monument, folklore resources or cultural heritage resources pursuant to Article 12 (1) of the Ordinance:
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Article 15 (Certificate of Recognition of Holder or Honorary Holder of Intangible Cultural Heritage, etc.)
(1) A certificate of recognition of a holder or honorary holder of intangible cultural heritage pursuant to Article 12 (2) of the Ordinance shall be in accordance with Form 5, a certificate of recognition of a holder group shall be in accordance with Form 6, and an identification card of a holder or honorary holder shall be in accordance with Form 7.
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Article 16 (Procedures for Cancellation of Designation of Designated Cultural Heritage, etc.)
Article 8 shall apply mutatis mutandis to any of the following cases:
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Article 17 (Provisional Designation)
Where the Mayor provisionally designates cultural heritage as designated cultural heritage pursuant to Article 15 of the Ordinance, he/she shall classify such cultural heritage into tangible cultural heritage, a monument, folklore resources or cultural heritage resources.
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CHAPTER V MANAGEMENT AND PROTECTION OF CULTURAL HERITAGE
Article 18 (Designation of Management Organizations)
(1) Where the Mayor designates an autonomous Gu for designated cultural heritage, etc. or a corporation or organization appropriate to manage the relevant designated cultural heritage, etc. (hereinafter referred to as "management organization") pursuant to Article 18 of the Ordinance, he/she shall issue a certificate of designation of a management organization in Form 10.
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Article 19 (Books)
(1) The Mayor shall prepare and keep records on the preservation and management of and changes in designated cultural heritage, etc. under Article 27 of the Ordinance in accordance with the following classification:
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Article 20 (Application for Permission)
A person who intends to obtain permission from the Mayor on an act falling under any of the subparagraphs of Article 20 of the Ordinance shall submit an application for permission, including the classification, designation number, name, quantity and location, etc. of the relevant designated cultural heritage, etc., pursuant to the following classification to the Mayor:
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Article 21 (Scope of Insignificant Acts)
"Insignificant acts prescribed by rule" in the proviso to subparagraph 3 of Article 20 of the Ordinance refers to an act falling under any of the following:
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Article 22 (Report on Appointment of Custodian, etc.)
(1) A person who intends to report because a reason falling under any of the provisions of subparagraphs 1 through 8 of Article 24 of the Ordinance arises regarding designated cultural heritage, etc. shall submit a report pursuant to the following classification to the Mayor within 15 days from the date such reason arises:
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Article 23 (Instruction)
The Mayor may have a holder of intangible cultural heritage examine craft or art (hereinafter referred to as "craft or art") of a person who has received instruction on the relevant intangible cultural heritage for not less than three years and issue a certificate of completion of instruction on intangible cultural heritage in Form 26 to a person whose craft or art is deemed to have reached a reasonable level pursuant to Article 25 (2) of the Ordinance.
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Article 24 (Reasons for Exception to Conducting Instruction)
Reasons that a holder of intangible cultural heritage need not conduct instruction pursuant to the proviso to Article 25 (2) of the Ordinance shall be as follows:
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Article 25 (Granting Subsidies to Holders, etc. of Intangible Cultural Heritage)
(1) The Mayor shall determine criteria, such as items and subjects, for granting subsidies for instruction to holders, etc. of intangible cultural heritage, awarding instruction scholarships and granting special subsidies to honorary holders under the provisions of Article 25 (3) through (5) of the Ordinance, following deliberation by the Commission.
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Article 26 (Assistants in Instruction)
(1) A holder of intangible cultural heritage may recommend a person who intends to be an assistant in instruction on intangible cultural heritage to the Mayor in order to have such person assist him/her in his/her instruction: Provided, That where a holder of intangible cultural heritage is unable to recommend an assistant in instruction due to his/her death or the cancellation of recognition, the Mayor may request a member or expert member of a subcommittee in the relevant field of the Commission to recommend such assistant.
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Article 27 (Instruction Scholarship Students)
(1) The Mayor shall determine items by field of intangible cultural heritage for which he/she may award of a scholarship to those who receive instruction pursuant to Article 25 (4) of the Ordinance, following deliberation by the Commission.
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Article 28 (Notice of Performance of Repairs, etc. and Compensation for Loss)
(1) If the Mayor intends to take measures referred to in the subparagraphs of Article 26 (1) of the Ordinance at the expense of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") pursuant to Article 26 (2) of the Ordinance, he/she shall inform an owner or custodian of the classification, designation number, name, quantity of designated cultural heritage, etc., and the details or time of the commencement of repairs or measures, and other necessary matters.
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Article 29 (Entrustment of Regular Investigations, etc.)
The Mayor shall entrust an institution or organization falling under any of the following with regular investigations and reinvestigations of designated cultural heritage, etc. pursuant to Article 28 (7) of the Ordinance.
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CHAPTER VI DISCLOSURE OF CULTURAL HERITAGE AND ADMISSION FEES
Article 30 (Announcement of Restrictions on Disclosure, etc.)
(1) If the Mayor restricts the disclosure of designated cultural heritage, etc. pursuant to Article 34 (3) of the Ordinance, he/she shall announce the following in the Official Gazette of the Seoul Metropolitan Government:
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Article 31 (Permission to Have Access to Area in which Disclosure is Restricted)
(1) Where a person who intends to have access to an area in which disclosure is restricted pursuant to Article 34 (5) of the Ordinance falls under any of the following, the Mayor may permit him/her to have access to the area:
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Article 32 (Reasons for Exception to Disclosure of Craft or Art)
Reasons by which a holder of intangible cultural heritage may choose not to disclose his/her possessed craft or art pursuant to Article 36 (1) of the Ordinance shall be as follows:
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Article 33 (Methods for Disclosure of Craft or Art)
Where a holder of intangible cultural heritage discloses his/her craft or art pursuant to Article 36 (2) of the Ordinance, he/she shall perform his/her art or craft intended for citizens in a public space.
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Article 34 (Providing Expenses Incurred in Disclosure of Craft or Art)
(1) Where the Mayor provides all or some of expenses incurred in the disclosure of craft or art within the budgetary limits pursuant to Article 36 (3) of the Ordinance, he/she may provide expenses differently in consideration of the character and features of each item of intangible cultural heritage.
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CHAPTER VII OPERATION OF CULTURAL HERITAGE OWNED BY SEOUL GOVERNMENT
Article 35 (Holidays for Cultural Heritage Owned by the Seoul Government)
(1) One day in each week shall be a holiday for the efficient management of cultural heritage and cultural heritage-related facilities owned by the Seoul Government (hereinafter referred to as "cultural heritage owned by the Seoul Government").
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Article 36 (Opening or Using Hours of Cultural Heritage Owned by the Seoul Government)
Opening or using hours of cultural heritage owned by the Seoul Government shall be as follows: Provided, That this shall not apply in cases where the Mayor reduces or extends opening or using hours of cultural heritage because he/she deems it necessary:
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Article 37 (Restrictions on Viewing or Use of Cultural Heritage Owned by the Seoul Government)
Where a visitor or user falls under any of the following, the Mayor may restrict the viewing or use of cultural heritage owned by the Seoul Government:
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Article 41 (Permission to Use Cultural Heritage Owned by the Seoul Government and Collection of Rental Fees)
(1) A person who intends to obtain permission to take pictures pursuant to Article 39 of the Ordinance shall submit an application for taking pictures in Form 33 to the Mayor along with necessary documents not later than five days prior to taking pictures.
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Article 42 (Cancellation of Permission to Use Cultural Heritage Owned by the Seoul Government)
(1) A person who obtains permission to use cultural heritage owned by the Seoul Government pursuant to Article 41 shall consult about the following with the Mayor or the head of a cultural heritage management agency in advance:
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Article 43 (Provisions Applicable Mutatis Mutandis to Collection of Rental Fees)
Except as provided by this Rule, matters necessary for the collection of rental fees shall follow the examples of collecting local taxes. <Amended by Ordinance No. 3969, May 22, 2014>
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Article 44 (Application for Entrustment of Operation of Cultural Heritage Owned by the Seoul Government)
A person who intends to be entrusted with the operation of cultural heritage owned by the Seoul Government pursuant to Article 41 (1) of the Ordinance shall submit an application for entrustment of operation in Form 37 to the Mayor.
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Article 45 (Extension of Period for Entrustment of Operation of Cultural Heritage Owned by the Seoul Government, etc.)
When a trustee intends to obtain permission to extend the period for entrustment of the operation of cultural heritage, he/she shall submit an application for extension of the period for entrustment of operation in Form 38 to the Mayor along with the performance of operation, etc. not later than 60 days prior to the expiration date of the period for entrustment of operation.
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Article 46 (Regulations for Operation)
The Mayor shall separately determine other matters necessary for the operation of cultural heritage owned by the Seoul Government, including matters not provided by this Rule.
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CHAPTER VIII CULTURAL HERITAGE COMMISSION
Article 47 (Subcommittees)
(1) The following subcommittees shall be established in the Commission to take partial charge of each field of cultural heritage, and investigate and deliberate on matters referred to in the subparagraphs of Article 42 (1) of the Ordinance:
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Article 48 (Composition and Operation of Subcommittees)
(1) Each subcommittee shall be composed of members of the Commission, and the Mayor shall determine the number of members and the assignment of members for each subcommittee.
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Article 49 (Joint Subcommittees)
(1) The chairperson of each subcommittee shall convene a meeting of joint subcommittees under Article 42 (3) of the Ordinance, or it shall be held at the request of the Mayor.
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Article 50 (Establishment of Lower-Tier Subcommittees)
A lower-tier subcommittee composed of commissioners and expert members of the Cultural Heritage Commission may be established for the efficient and professional investigation of and deliberation on matters allotted to each subcommittee or the joint subcommittees.
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Article 51 (Exclusion, Challenge, Evasion of Members)
(1) Where a commissioner of the Commission, or a member of a subcommittee, joint subcommittees or a low-tier subcommittee (hereinafter referred to as the "Commission, etc.") falls under any of the following, he/she shall be excluded from investigation or deliberation:
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Article 52 (Relevant Experts)
(1) Relevant experts pursuant to Article 47 (3) of the Ordinance shall be appointed by the Mayor from among experts on cultural heritage, and each subcommittee may have necessary experts so that it may collect materials, investigate and research cultural heritage, and formulate a plan thereon.
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Article 53 (Executive Secretary and Clerk)
(1) One executive secretary and one clerk shall be assigned to conduct administrative affairs of the Commission, subcommittees and joint subcommittees.
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CHAPTER IX SUPPLEMENTARY PROVISIONS
Article 54 (Report on Succession to Cultural Heritage Repair and Maintenance Business)
Where a person intends to report the fact of succession to cultural heritage repair and maintenance business under Article 58 (2) of the Ordinance, he/she shall report such succession pursuant to Article 13 of the Enforcement Rule of the Act on Cultural Heritage Maintenance, etc.
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Article 55 (Evaluation of Repair of Cultural Heritage)
The provisions of Articles 25 through 28 of the Enforcement Rule of the Act on Cultural Heritage Maintenance, etc. shall apply to matters concerning criteria, procedures and methods for evaluation under Article 66 of the Ordinance.
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Article 56 (Subsidies)
(1) A person who intends to receive a subsidy pursuant to Article 31 of the Ordinance shall submit an application in which the following are stated to the Mayor:
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Article 57 (Identification Cards of Investigators)
An identification card of a public official who conducts an investigation pursuant to Article 29 (1) of the Ordinance shall be in accordance with Form 39.
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Article 58 (Submission of Results of Conduct of Entrusted Affairs, etc.)
Where the head of a Gu conducts affairs pursuant to Article 70 of the Ordinance, he/she shall submit drawings, etc. to the Mayor within seven days from the date he/she conducts affairs.
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ADDENDA |