SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION OF CULTURAL ASSETS
- Enactment No. 654, Dec. 24, 1970
- Partial Amendment No. 1199, Dec. 28, 1977
- Whole Amendment No. 1906, Sep. 06, 1984
- Partial Amendment No. 2886, Jan. 14, 1992
- Whole Amendment No. 3686, Nov. 15, 1999
- Partial Amendment No. 4024, Jul. 15, 2002
- Amendment of Other Laws No. 4131, Jul. 25, 2003
- Partial Amendment No. 4278, Apr. 14, 2005
- Amendment of Other Laws No. 4588, Dec. 26, 2007
- Whole Amendment No. 4704, Nov. 13, 2008
- Partial Amendment No. 4753, Mar. 18, 2009
- Whole Amendment No. 5165, Sep. 29, 2011
- Partial Amendment No. 5686, Mar. 20, 2014
- Partial Amendment No. 5911, May. 14, 2015
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Amendment of Other Laws No. 6093, Jan. 07, 2016
- Partial Amendment No. 6171, Mar. 24, 2016
- Whole Amendment No. 6314, Sep. 29, 2016
- Amendment of Other Laws No. 6916, Oct. 04, 2018
- Partial Amendment No. 7288, Sep. 26, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
- Partial Amendment No. 7725, Oct. 05, 2020
- Amendment of Other Laws No. 7782, Dec. 31, 2020
- Partial Amendment No. 7944, Mar. 25, 2021
Whole Amendment No. 6314, Sep. 29, 2016 | Amendment of Other Laws No. 6916, Oct. 04, 2018 |
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CHAPTER 1 GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary to promote the cultural improvementforcitizens and to contribute to the development of local and human culture by systematically preserving, managing and utilizing cultural heritage located in Seoul Metropolitan City pursuant to the Cultural Heritage Protection Act, the Act on Protection and Inspection of Buried Cultural Heritage and the Act on Cultural Heritage Maintenance, Etc.
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Article 2 (Definitions)
(1) The definitions of terms used in this Ordinance shall be as follows:
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CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF PROTECTION POLICIES FOR CULTURAL HERITAGE
Article 3 (Establishment of Implementation Plans for Preservation of Cultural Heritage)
(1) The Mayor shall establish and implement an annual implementation plan concerning the master plan for cultural heritage pursuant to Article 7 of the Act.
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Article 4 (Support and Fostering of Cultural Heritage Protection Organizations)
Where deemed necessary for the protection, preservation, proliferation and exaltation of cultural heritage, the Mayor may support and foster the relevant organizations.
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CHAPTER III CREATING FOUNDATION FOR PROTECTION OF CULTURAL HERITAGE
Article 5 (Basic Investigation of Cultural Heritage)
(1) The Mayor may investigate the current state, management condition, etc. of existing cultural heritage and prepare records thereon to prevent the loss, etc. of cultural heritage.
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Article 6 (Facilitating Informatization of Cultural Heritage)
(1) The Mayor shall establish and operate an information system on cultural heritage to efficiently utilize investigated data under Article 5 and other necessary data for preserving and managing cultural heritage, and to enable citizens to readily access and use cultural heritage information.
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Article 7 (Prevention of Fire, Disasters, etc.)
(1) The Mayor shall formulate and implement necessary measures for preventing fire, disasters and theft of designated cultural heritage and cultural heritage resources (hereinafter referred to as "designated cultural heritage, etc.").
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CHAPTER IV DESIGNATION OF CULTURAL HERITAGE
Article 8 (Designated Cultural Heritage)
(1) The Mayor may designate, preserve, and manage cultural heritage deemed worthy of preservation among cultural heritage not designated as State-designated cultural heritage as designated cultural heritage, according to the following classification subject to deliberation by the Seoul Metropolitan Government Cultural Heritage Committee under Article 37 (hereinafter referred to as the "Committee"):
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Article 9 (Cultural Heritage Resources)
The Mayor may designate, preserve, and manage cultural heritage resources deemed necessary for folk culture from among cultural heritage not designated as designated cultural heritage pursuant to Article 8 as cultural heritage resources, subject to deliberation by the Committee.
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Article 10 (Designation of Protective Facilities or Protection Zones)
(1) If it is especially necessary for protecting a cultural heritage when the Mayor makes a designation pursuant to Articles 8 and 9, he/she may designate and manage a protective facility or protection zone for that purpose pursuant to Article 27 of the Act subject to deliberation by the Committee.
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Article 11 (Public Notice and Notification of Designation)
(1) Where the Mayor designates a designated cultural heritage or cultural heritage resources (including protective facilities and protection zones; hereafter the same shall apply in this Article) in accordance with Articles 8 through 10, he or she shall publicly notify the purport thereof on the official gazette of the Seoul Metropolitan Government (hereinafter referred to as the "Official Gazette") and inform the owner of the relevant cultural heritage of such designation or recognition without delay.
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Article 12 (Issuance of Certificate of Designation, etc.)
Where the Mayor designates any tangible cultural heritage, monument, folklore resource or cultural heritage resource pursuant to Article 8 or 9, he/she shall issue a certificate of designation of the relevant cultural heritage to its owner: Provided, That where the owner of the relevant cultural heritage is unknown, or there is no owner thereof, the Mayor may issue a certificate of designation to its possessor or custodian.
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Article 13 (Effective Date of Designation)
Designation under Articles 8 through 10 shall take effect with regard to the owner, possessor or custodian of the relevant cultural heritage on the date he/she is notified of such designation, and take effect with regard to others on the date such designation is published on the Official Gazette.
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Article 14 (Revocation of Designation)
(1) Where any cultural heritage designated under Article 8 or 9 loses its value as designated cultural heritage or there are other special reasons, the Mayor may revoke its designation, subject to deliberation by the Committee: Provided, That where any cultural heritage designated as designated cultural heritage, etc. is designated as national cultural heritage pursuant to Article 23, 25 or 26 of the Act, its designation as designated cultural heritage, etc. shall be deemed to have been revoked on the date of its designation as national cultural heritage.
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Article 15 (Provisional Designation)
(1) Where any cultural heritage deemed worthy of designation under Article 8 is in urgent need of designation before it is designated but there is insufficient time to undergo deliberation thereon by the Committee, the Mayor may provisionally designate it as designated cultural heritage.
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Article 16 (Designation of Historic and Cultural Environment Preservation Districts)
Where the Mayor intends to designate an area as a historic and cultural environment preservation district pursuant to Article 31 (2) 5 (a) of the Enforcement Decree of the National Land Planning and Utilization Act, he/she shall refer the issue to the Committee for deliberation.
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CHAPTER V MANAGEMENT AND PROTECTION OF CULTURAL HERITAGE
Article 17 (Management Principles by Owners)
(1) The owner of any designated cultural heritage, etc. shall manage and protect the relevant cultural heritage under good stewardship.
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Article 18 (Management by Management Organizations)
(1) Where the identity of the owner of any designated cultural heritage, etc. is unknown or it is deemed difficult or inappropriate for its owner or custodian to manage it, the Mayor may designate an autonomous Gu or any corporation or organization appropriate for the management of such cultural heritage, etc. (hereafter in this Article referred to as "management organization") in charge of the management of the relevant designated cultural heritage, etc. In such cases, the management organization of cultural heritage not directly managed by Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") among Seoul Government-designated cultural heritage under the ownership of the Seoul Government shall be the competent autonomous Gu: Provided, That where cultural heritage extends over at least two autonomous Gus, the Seoul Government shall be the management organization of such cultural heritage.
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Article 19 (Protection of Historic and Cultural Environment Preservation Areas)
(1) The scope of a historic and cultural environment preservation area under Article 13 of the Act shall be as follows:
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Article 20 (Matters Subject to Permission)
A person who intends to conduct any of the following acts in respect of designated cultural heritage, etc. shall obtain permission from the Mayor, as prescribed by rule. The same shall also apply where he/she intends to alter any permitted matter:
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Article 21 (Requirements for Permission)
Upon receiving an application for permission under Article 20, the Mayor shall grant permission only where an act subject to the application for permission meets the following requirements:
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Article 22 (Revocation of Permitted Matters)
(1) Where a person who has obtained permission under Article 20 falls under any of the following cases, the Mayor may revoke such permission:
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Article 23 (Medical Treatment, etc. of Animals Designated as Natural Monument)
(1) The Mayor shall designate any of the following institutions which have expert knowledge of cultural heritage or have experience in the protection activities of natural monuments or medical treatment of wild animals as an animal clinic pursuant to Article 38 (1) of the Act, on the recommendation of the head of a Gu or management organization designated pursuant to Article 34 (1) of the Act (hereinafter referred to as "management organization"):
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Article 24 (Matters to Be Reported)
Each owner, custodian or management organization of designated cultural heritage, etc. (including a protective facility and protection zone; hereafter the same shall apply in this Article) shall, where any of the following causes accrues in relation to the relevant cultural heritage, etc., report such fact and details thereof to the Mayor: Provided, That in cases falling under subparagraph 1, the owner and custodian shall report such fact and details thereof, and in cases falling under subparagraph 2, new and old owners shall report such fact and details thereof, under the joint signature, respectively:
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Article 25 (Administrative Orders)
(1) The Mayor may order any of the following if he/shedeems it necessary for managing and protecting any designated cultural heritage, etc. (including a protective facility and protection zone; hereafter the same shall apply in this Article):
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Article 26 (Preparation and Preservation of Records)
(1) The Mayor, the head of each Gu and the head of each management organization shall prepare and preserve records concerning the preservation, management and details of changes of designated cultural heritage, etc.
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Article 27 (Regular Investigation)
(1) The Mayor shall regularly investigate the current state, management, and repair of designated cultural heritage, etc. and other conditions of environmental preservation thereof.
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Article 28 (Ex Officio Investigations)
(1) Where deemed necessary, the Mayor may require public officials under his/her control to investigate the current state, management, and repair of designated cultural heritage, etc. and other conditions of environmental preservation.
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Article 29 (Subsidies)
(1) The Mayor may fully or partially subsidize the following expenses:
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Article 30 (Bearing of Expenses)
The Mayor may bear or subsidize expenses incurred in managing, protecting, repairing, etc. national cultural heritage which is located in the jurisdiction of the Seoul Government but is not owned or managed by the Seoul Government.
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Article 31 (Application Mutatis Mutandis)
Articles 20, 25 (1) 1 and 3, and subparagraphs 2 through 4 and 6 through 8 of Article 24 shall apply mutatis mutandis to the management and protection of provisionally designated cultural heritage.
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CHAPTER VI PUBLIC DISCLOSURE OF CULTURAL HERITAGE AND ADMISSION FEES
Article 32 (Public Disclosure, etc. of National Cultural Heritage)
(1) Designated cultural heritage, etc. shall be publicly disclosed unless any extenuating circumstance exists, except where public disclosure of cultural heritage is restricted pursuant to paragraph (2).
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Article 33 (Collection of Admission Fees)
(1) The owner or management organization of any designated cultural heritage, etc. that discloses such cultural heritage to the public may collect admission fees from visitors.
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CHAPTER VII OPERATION OF CULTURAL HERITAGE OWNED BY SEOUL GOVERNMENT
Article 34 (Permission for Use of Cultural Heritage Owned by Seoul Government and Fees for Use)
(1) A person who intends to use any cultural heritage owned by the Seoul Government for any purpose other than to just view it, such as photography shooting and use of the place, shall obtain permission from the Mayor.
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Article 35 (Compensation for Damage, etc.)
(1) Where a viewer or user of any cultural heritage owned by the Seoul Government destroys or damages facilities, etc., the Mayor shall have him/her indemnify or compensate for damage without delay.
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Article 36 (Entrustment of Operation of Cultural Assets Owned by the Seoul Government)
(1) The Mayor may delegate or entrust the management and operation of cultural heritage owned by the Seoul Government to any of the following persons for the efficient management and operation of the cultural heritage owned by the Seoul Government:
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CHAPTER VIII CULTURAL HERITAGE COMMITTEE
Article 37 (Establishment of Cultural Heritage Committee)
(1) The Seoul Government Cultural Heritage Committee shall be established to investigate and deliberate on the following matters on the preservation, management and utilization of cultural heritage:
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Article 38 (Composition of Committee)
(1) The Committee shall be comprised of not more than 40 members.
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Article 39 (Duties of Chairperson)
(1) The chairperson shall exercise overall control of the affairs of the Committee and represent the Committee.
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Article 40 (Expert Members)
(1) The Committee may have 40 non-standing expert members or less.
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Article 41 (Dismissal)
Where a member or an expert member falls under any of the following cases, the Mayor may dismiss him/her from the office:
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Article 42 (Meetings)
(1) The chairperson shall convene and preside over meetings of the Committee.
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Article 43 (Payment of Allowance, etc.)
Allowances, travel expenses, etc. may be paid within the budget to the members, expert members, relevant professionals, etc. who have participated in an investigation or deliberation of the Committee or a subcommittee.
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CHAPTER IX PROTECTION AND INVESTIGATION OF BURIED CULTURAL HERITAGE
Article 44 (Protection of Buried Cultural Heritage by Persons Planning or Implementing Development Projects)
(1) A person who intends to plan and implement a development project, such as the Mayor and the head of a Gu, shall make sure not to damage buried cultural heritage.
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Article 45 (Ground Surface Inspection for Cultural Heritage)
(1) The implementer of construction works prescribed by Article 6 of the Act on Protection and Inspection of Buried Cultural Heritage and Article 4 of the Enforcement Decree of the same Act shall conduct an inspection of the ground surface (hereinafter referred to as "ground surface inspection") in advance in order to check whether cultural heritage is buried and distributed in the relevant construction area.
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Article 46 (Order to Take Measures for Preservation of Cultural Heritage following Ground Surface Inspection)
(1) The Mayor shall order the implementer of construction work implementer who falls under Article 45 (2) to take measures necessary for preserving cultural heritage under Article 9 (1) of the Act on Protection and Inspection of Buried Cultural Heritage and Article 32 (1) of the Enforcement Decree of the same Act, and shall notify such fact to the head of authorizing or permitting agency of the relevant construction works.
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Article 47 (Records, Preparation, etc. of Buried Cultural Heritage)
The Mayor shall prepare and preserve records on buried cultural heritage that is confirmed, and devise appropriate measures for protecting the area in which it is contained.
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Article 48 (Public Announcement of Buried Cultural Heritage)
Where any cultural heritage is discovered or excavated from a ground surface inspection or excavation inspection prescribed in Articles 22 of the Act on Protection and Inspection of Buried Cultural Heritage, the Mayor shall publicly announce such fact on the website, etc. of the Seoul Government for 14 days.
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CHAPTER X REPAIR, ETC. OF CULTURAL HERITAGE
Article 49 (Basic Principles on Repair, etc. of Cultural Heritage)
The repair, on-site survey and design, or supervision of cultural heritage (hereinafter referred to as "repair, etc. of cultural heritage") shall employ methods and technologies most appropriate for the preserving the original form of cultural heritage, and no designated cultural heritage and surrounding landscape shall be damaged due to the repair, etc. of cultural heritage.
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Article 50 (Establishment of Implementation Plans for Repair, etc. of Cultural Heritage)
(1) Within one month after the receipt of a master plan for the repair, etc. of cultural heritage under Article 4 (3) of the Act on Cultural Heritage Maintenance, Etc. and Article 3 (3) of the Enforcement Decree of the same Act, the Mayor shall establish a detailed implementation plan and submit it to the Administrator of the Cultural Heritage Administration.
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Article 51 (Registration of Cultural Heritage Repair Business Entity, etc.)
(1) A person who intends to operate cultural heritage repair business, on-site cultural heritage survey and design business or cultural heritage supervision business (hereinafter referred to as "cultural heritage repair business, etc.") with his/her principal place of business under the jurisdiction of Seoul Metropolitan Government shall be registered with the Mayor after satisfying the requirements for registration, such as technical capabilities, capital (referring to the appraised value of assets in case of an individual; hereinafter the same shall apply), and facilities, prescribed in Article 12 (1) of the Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc.
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Article 52 (Transfer, etc. of Cultural Heritage Repair Business)
(1) In any of the following cases, a cultural heritage repair business entity shall file a report with the Mayor as prescribed by the Act on Cultural Heritage Maintenance, Etc.:
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Article 53 (Inheritance of Cultural Heritage Repair Business)
(1) Where a cultural heritage repair business entity deceases, its inheritor shall inherit all the rights and obligations that come with such cultural heritage repair business entity pursuant to the Act on Cultural Heritage Maintenance, Etc.
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Article 54 (Principles on Awarding Contract for Repair, etc. of Cultural Heritage)
(1) Parties to a contract of the repair, etc. of cultural heritage (including a subcontract; hereafter in this Article the same shall apply) shall conclude a contract on an equal standing and by mutual consent and implement the details of contract in good faith.
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Article 55 (Preparation of Reports on Repair of Cultural Heritage)
(1) When a cultural heritage repair business entity completes the contracted repair of cultural heritage, he/she shall submit a report within 60 days on the repair of cultural heritage to the person who has placed the contract order.
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Article 56 (Inspection, etc. of Sites of Repair of Cultural Heritage)
(1) To prevent substandard repair of cultural heritage, the Mayor may inspect the site of repair of cultural heritage; and, where any relevant statutes have been violated or the repair, etc. of cultural heritage have been performed differently from design drawings as a result of inspection, he/she may take necessary measures, such as issuing corrective orders, etc. against the cultural heritage repair business entity, etc., cultural heritage repair engineer or cultural heritage supervisor, or make a request for issuance of a disposition of suspension of business, etc.
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Article 57 (Examination, etc. of Current State of Repair of Cultural Heritage)
(1) Where the Mayor deems it necessary to determine as to whether a cultural heritage repair business entity, etc. conforms to the standards for registration, whether subcontracting is appropriate, etc., he/she may have the cultural heritage repair business entity, etc. report on the current state of duties and repair, etc. of cultural heritage or order it to submit data, and have public officials under his/her control inspect the actual status of management or examine relevant documents and facilities.
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Article 58 (Corrective Orders, etc.)
Where a cultural heritage repair business entity, etc. falls under any of Article 46 (1) 1 through 7 of the Act on Cultural Heritage Maintenance, Etc., the Mayor may order him/ her to take corrective measures fixing a period or give other necessary instructions.
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Article 59 (Fees)
Any of the following persons shall pay fees pursuant to Article 51 of the Act on Cultural Heritage Maintenance, Etc.:
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Article 60 (Evaluation, etc. of Cultural Heritage Repair Business Entities)
(1) In order to enhance the level of sophistication of technology and the quality of repair of cultural heritage of cultural heritage repair business entities and on-site cultural heritage survey and design business entities, the Mayor who has placed a contract order for the repair of cultural heritage or on-site survey and design may evaluate those above the standards prescribed in Article 29 (1) of the Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc. among the repairs of cultural heritage or on-site surveys and designs.
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Article 61 (Administrative Fines against Violation of Duties)
(1) If a person falls under any subparagraph of Article 62 (1) of the Act on Cultural Heritage Maintenance, Etc., the Mayor shall impose and collect an administrative fine not exceeding 2,500 thousand won pursuant to the standards for imposition thereof prescribed in Article 31 of the Enforcement Decree of the same Act.
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CHAPTER XI SUPPLEMENTARY PROVISIONS
Article 62 (Succession to Rights and Obligations)
(1) Where the owner of any designated cultural heritage, etc. (including a protective facility, protection zone and a provisionally designated cultural heritage) has been changed, the new owner shall succeed to rights and obligations of the previous owner under this Ordinance or incurred by an order, instruction or any other disposition issued by the Mayor under this Ordinance.
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Article 63 (Delegation of Affairs)
The Mayor shall delegate the following affairs to the head of each Gu:
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Article 64 (Disaster Prevention Day for Cultural Heritage)
(1) The Mayor shall implement projects and hold events, such as safety inspections and disaster prevention drills, on cultural heritage to suit the underlying spirit of the Disaster Prevention Day for Cultural Heritage.
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Article 65 (Commendations)
The Mayor may present an award certificate to any of the following persons:
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Article 66 (Administrative Fines)
(1) Article 103 of the Act shall apply mutatis mutandis where the Mayor imposes an administrative fine to a person who fails to report under Article 24.
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Article 67 (Imposition and Collection of Administrative Fines)
(1) The Act on the Regulation of Violations of Public Order shall apply where the Mayor imposes or collects an administrative fine pursuant to Article 66.
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Same as left |