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
Partial Amendment No. 6171, Mar. 24, 2016 | Whole Amendment No. 6314, Sep. 29, 2016 |
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary to promote cultural improvement of citizens 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 the Mayor deems it necessary for the protection, conservation, proliferation and exaltation of cultural heritage, he/she 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 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 investigation data obtained pursuant to Article 5 and other necessary data for the preservation and management of 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 the prevention of 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 from 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 42 (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 local 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 the protection of a cultural heritage when the Mayor makes a designation pursuant to Articles 8 and 9, he/she may designate and manage a protective facilities 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 Announcement and Notice of Designation)
(1) Where the Mayor designates any designated cultural heritage or cultural heritage resources (including protective facilities and protection zones; hereafter in this Article the same shall apply) or recognizes a holder or honorary holder of intangible cultural heritage in accordance with the provisions of Articles 8 through 10, he/she shall publicly announce the purport thereof on the official gazette of the Seoul Metropolitan Government (hereinafter referred to as the "Official Gazette") and immediately notify the owner, holder or honorary holder of the relevant cultural heritage of such designation or recognition.
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Article 12 (Issuance of Certificate of Designation, etc.)
(1) Where the Mayor designates any tangible cultural heritage, monument, folklore resources or cultural heritage resources pursuant to Articles 8 and 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 or Recognition)
Designation or recognition under Articles 8 through 10 shall become effective with regard to an owner, holder, honorary holder, possessor or custodian of the relevant cultural heritage from the date he/she is notified of such designation or recognition, and become effective with regard to others from the date such designation or recognition is publicized on the Official Gazette.
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Article 14 (Cancellation of Designation or Recognition)
(1) Where any cultural heritage designated pursuant to Articles 8 and 9 loses its value as designated cultural heritage or cultural heritage resources or there are other special reasons, the Mayor may cancel its designation subject to deliberation by the Committee: Provided, That where any cultural heritage designated as designated cultural heritage, etc. is designated as State-designated 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 cancelled as of the date of the cancellation.
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Article 15 (Provisional Designation)
(1) Where any cultural heritage (excluding intangible cultural heritage) deemed worthy of designation pursuant to Article 8 is in urgent need of designation and it is pressed for time to go through deliberation by the Committee before it is designated, the Mayor may provisionally designate it as designated cultural heritage.
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Article 16 (Designation of Cultural Resources Conservation Districts)
Where the Mayor intends to designate an area as a cultural resources conservation district pursuant to Article 31 (2) 4 (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 an owner of any designated cultural heritage, etc. is unknown or it is deemed difficult or inappropriate for the 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 the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") among City-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. <Amended by Ordinance No. 5911, May 14, 2015>
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Article 19 (Protection of Preservation Areas of Historic and Cultural Environment)
(1) The scope of preservation areas of historic and cultural environment under Article 13 of the Act shall be as follows:
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Article 20 (Matters Subject to Permission)
Each 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 change 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 if the 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 Monuments)
(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 treatment of wild animals as a veterinary infirmary 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 (Reported Matters)
Each owner, holder, 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 the fact and details thereof to the Mayor: Provided, That in cases under subparagraph 1, an owner and custodian shall report the fact and details thereof, and in cases under subparagraph 2, new and old owners shall report the fact and details thereof, under the joint signature respectively:
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Article 25 (Protection and Promotion of Intangible Cultural Heritage)
(1) The Seoul Government shall protect and promote intangible cultural heritage to inherit and develop the traditional heritage.
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Article 26 (Administrative Orders)
(1) The Mayor may order any of the following if he/she deems it necessary for the management and protection of designated cultural heritage, etc. (including a protective facility and protection zone; hereafter the same shall apply in this Article):
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Article 27 (Preparation and Safekeeping of Records)
(1) The Mayor, the head of each Gu and the head of each managing organization shall prepare and safely keep records on the conservation, management and alteration of designated cultural heritage, etc.
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Article 28 (Regular Investigation)
(1) The Mayor shall regularly investigate the general condition and the actual status of management, repair and inheritance of designated cultural heritage, etc. and other environmental conservation situation.
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Article 29 (Ex Officio Investigations)
(1) Where the Mayor deems it necessary, he/she may have a public official under his/her jurisdiction investigate the present condition and the actual status of management and repair of designated cultural heritage, etc. and other environmental conservation.
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Article 30 (Compensation for Loss)
The Mayor shall compensate for loss incurred by any of the following persons:
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Article 31 (Subsidies)
(1) The Mayor may wholly or partially subsidize the following expenses:
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Article 32 (Bearing Expenses)
The Mayor may bear or subsidize expenses incurred in the management, protection, repair, etc. of State-designated cultural heritage in the jurisdiction of the Seoul Government which is not owned or managed by the Seoul Government.
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Article 33 (Application Mutatis Mutandis)
Articles 20, 26 (1) 1 and 3, subparagraphs 2 through 4 and 6 through 8 of Article 24 and Article 30 shall apply mutatis mutandis to the management and protection of provisionally designated cultural heritage.
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CHAPTER VI DISCLOSURE AND INVESTIGATION OF CULTURAL HERITAGE
Article 34 (Disclosure, etc. of Designated Cultural Heritage)
(1) The Mayor shall disclose designated cultural heritage, etc. except in cases where the disclosure of the relevant cultural heritage, etc. is restricted pursuant to paragraph (2) in the absence of unavoidable circumstances.
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Article 35 (Collection of Admission Fees)
(1) Where an owner, holder or management organization of designated cultural heritage, etc. discloses such cultural heritage, etc. he/she or it may collect admission fees from viewers.
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Article 36 (Public Disclosure of Skills or Artistic Talent by Holders of Intangible Cultural Heritage)
(1) Unless otherwise provided for in Presidential Decree, a holder of intangible cultural heritage shall disclose skills or artistic talent of such intangible cultural heritage to the public at least once a year.
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Article 37 Deleted. <by Ordinance No. 5686, Mar. 20, 2014>
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Article 38 Deleted. <by Ordinance No. 5686, Mar. 20, 2014>
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CHAPTER VII OPERATION OF CULTURAL HERITAGE OWNED BY SEOUL GOVERNMENT
Article 39 (Permission for Use of Cultural Heritage Owned by the 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, use of the place, etc. shall obtain permission from the Mayor.
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Article 40 (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 41 (Entrustment of Operation of Cultural Heritage 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 42 (Establishment of Cultural Heritage Committee)
(1) The Mayor shall establish the Seoul Metropolitan Government Cultural Heritage Committee (hereinafter referred to as the "Committee") to investigate and deliberate on the following matters on the conservation, management and utilization of cultural heritage:
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Article 43 (Formation of Committee)
(1) The Committee shall be comprised of not more than 50 members.
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Article 44 (Duties of Chairperson)
(1) The chairperson shall preside over general affairs of the Committee and represent the Committee.
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Article 45 (Expert Members)
(1) The Committee may have not more than 50 non-standing expert members.
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Article 46 (Dismissal)
Where a member or an expert member falls under any of the following cases, the Mayor may dismiss him/her from his/her office:
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Article 47 (Meetings)
(1) The chairperson shall call a meeting and preside over the meeting.
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Article 48 (Reimbursement of Allowances, etc.)
The Mayor may reimburse members, expert members or relevant professionals who have participated in an investigation or deliberation of the Committee or a subcommittee for allowances, traveling expenses, etc. within budgetary limits.
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CHAPTER IX PROTECTION AND INVESTIGATION OF BURIED CULTURAL HERITAGE
Article 49 (Protection of Buried Cultural Heritage by Persons Planning or Implementing Development Projects)
(1) A person who intends to plan and implement a development plan, such as the Mayor and the head of a Gu, shall not allow buried cultural heritage to be damaged.
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Article 50 (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 order to verify whether any cultural heritage is buried and distributed in the relevant construction area.
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Article 51 (Order to Take Measures for Preservation of Cultural Heritage following Ground Surface Inspection)
(1) The Mayor shall order the implementer of relevant construction works who falls under Article 51 (2) to take measures necessary for the preservation of cultural heritage under Article 9 (1) of the Act on Protection and Inspection of Buried Cultural Heritage and notify the head of authorization or permission agency of the relevant construction works thereof.
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Article 52 (Records, Preparation, etc. of Buried Cultural Heritage)
The Mayor shall prepare and preserve records of buried cultural heritage that is confirmed, and devise appropriate measures for the protection of the area in which it is contained.
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Article 53 (Public Announcement of Buried Cultural Heritage)
Where any cultural heritage is discovered or excavated from a ground surface inspection or excavation inspection as prescribed in Articles 22 of the Act on Protection and Inspection of Buried Cultural Heritage, the Mayor shall announce the fact of discovery or excavation of the relevant cultural heritage on the Internet website, etc. of the Seoul Government for 14 days.
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CHAPTER X REPAIR, ETC. OF CULTURAL HERITAGE
Article 54 (Basic Principles on Repair, etc. of Cultural Heritage)
The repair of cultural heritage, on-site survey and design or superintendence (hereinafter referred to as "repair, etc. of cultural heritage") shall employ methods and technologies most appropriate for the preservation of the original form of cultural heritage, and designated cultural heritage and surroundings shall not be damaged due to the repair, etc. of cultural heritage.
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Article 55 (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 56 (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 superintendence business (hereinafter referred to as "cultural heritage repair business, etc.") with his/her principal place of business under the jurisdiction of the Seoul Metropolitan Government shall be registered with the Mayor after satisfying the requirements for registration, such as technology capabilities, capital (referring to the evaluated amount of assets in the case of an individual; hereinafter the same shall apply), facilities, etc. prescribed in Article 12 (1) of the Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc.
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Article 57 (Transfer, etc. of Cultural Heritage Repair Business)
(1) In any of the following cases, a cultural heritage repair business entity shall file a report to the Mayor as prescribed by the Act on Cultural Heritage Maintenance, Etc.:
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Article 58 (Inheritance of Cultural Heritage Repair Business)
(1) Where a cultural heritage repair business entity dies, his/her 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 59 (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 60 (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 61 (Inspection, etc. of Sites of Repair of Cultural Heritage)
(1) In order to prevent substandard repair of cultural heritage, the Mayor may inspect the site of repair of cultural heritage, and where any relevant Acts and subordinate 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 superintendent, or make a request for issuance of a disposition of suspension of business, etc.
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Article 62 (Examination, etc. of Present State of Repair of Cultural Heritage)
(1) Where the Mayor deems it necessary to judge whether a cultural heritage repair business entity, etc. conforms to the standards for registration or whether subcontracting is appropriate, etc., he/she may have the cultural heritage repair business entity, etc. report on the present state of duties and repair, etc. of cultural heritage or order them to submit data, and have affiliated public officials inspect the actual state of management or examine relevant documents and facilities.
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Article 63 (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 64 (Revocation, etc. of Registration of Cultural Heritage Repair Business Entities, etc.)
Article 49 of the Act on Cultural Heritage Maintenance, Etc. shall apply mutatis mutandis to the revocation, etc. of registration of cultural heritage repair business entities, etc.
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Article 65 (Service Charges)
Any of the following persons shall pay service charges pursuant to Article 51 of the Act on Cultural Heritage Maintenance, Etc.:
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Article 66 (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 67 (Fines for Negligence against Violation of Duties)
(1) A fine for negligence not exceeding 2,500 thousand won shall be imposed and collected by the Mayor according to the imposition standard of the Article 31 of the Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc, if a person falls under any subparagraph of Article 62 (1) of the same Act.
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Article 68 (Application Mutatis Mutandis)
Relevant provisions of the Act on Cultural Heritage Maintenance, Etc. and the Enforcement Decree and the Enforcement Rule thereof shall apply mutatis mutandis to the matters concerning repair, etc. of cultural heritage not prescribed in this Ordinance
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CHAPTER XI SUPPLEMENTARY PROVISIONS
Article 69 (Succession to Rights and Obligations)
(1) Where the owner of any designated cultural heritage, etc. (including a protective facilities, 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 by an order, instruction or any other disposition issued by the Mayor under this Ordinance.
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Article 70 (Entrustment of Duties)
The Mayor shall entrust the following duties to the head of each Gu:
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Article 71 (Disaster Prevention Day for Cultural Heritage)
(1) The Mayor shall implement projects and hold events, such as safety inspections, disaster prevention drills, etc. on cultural heritage to suit the underlying spirit of the disaster prevention day for cultural heritage.
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Article 72 (Commendations)
The Mayor may present an award certificate to any of the following persons:
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Article 73 (Fines for Negligence)
(1) Where the Mayor imposes a fine for negligence on a person who fails to report under Article 24, Article 103 of the Act shall apply mutatis mutandis.
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Article 74 (Imposition and Collection of Fines for Negligence)
(1) The Act on the Regulation of Violations of Public Order shall apply where the Mayor imposes or collects a fine for negligence pursuant to Article 73.
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