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. 3711, Dec. 10, 2009 | Whole Amendment No. 3856, Apr. 19, 2012 |
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CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to provide for matters delegated by the Seoul Metropolitan Government Ordinance on the Protection of Cultural Assets and matters necessary for the implementation 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 DESIGNATION
Article 3 (Standards for Designation of Designated Cultural Assets)
The standards for designation of designated cultural assets shall be as set out in Table 1.
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Article 4 (Procedures for Designation of Designated Cultural Assets)
(1) If the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") intends to designate a designated cultural asset, he/she shall request at least three experts, including members or expert members, etc. of a subcommittee in the relevant field of the Cultural Assets Committee of the Seoul Metropolitan Government established pursuant to Article 37 of the Ordinance (hereinafter referred to as the "Committee"), to investigate and examine the relevant cultural asset.
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Article 5 (Standards and Procedures for Recognition of Possessors or Honorary Possessors of Intangible Cultural Assets)
(1) Where the Mayor recognizes a possessor (including a possessory group; hereinafter the same shall apply) or honorary possessor of an intangible cultural asset under Article 3 (2) through (4) of the Ordinance, he/she shall comply with the following standards :
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Article 6 (Standards and Procedures for Designation of Cultural Asset Materials)
(1) Cultural asset materials shall be designated as a whole, not by types pursuant to Article 3 (1) of the Ordinance, and the standards provided for in Table 1 shall apply mutatis mutandis.
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Article 7 (Standards and Procedures for Designation of Protected Objects or Protected Areas)
(1) The standards for designation of a protected object or protected area pursuant to Article 5 of the Ordinance shall be as set forth in Table 2.
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Article 8 (Examination of Propriety of Protected Objects or Protected Areas)
Article 5 of the Enforcement Rule of the Cultural Heritage Protection Act shall apply mutatis mutandis to the adjustment procedures after an examination of the propriety of designation of a protected object or protected area pursuant to Article 5 (3) of the Ordinance.
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Article 9 (Publication of Designation, Cancellation, etc.)
Where the Mayor designates or recognizes pursuant to Article 6 of the Ordinance or cancels designation or recognition pursuant to Article 9 of the Ordinance, he/she shall publicize the following on the official gazette of the Seoul Metropolitan Government:
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Article 10 (Designation-Related Materials)
(1) Each person who intends to apply for designation of a designated cultural asset, etc., or its protected object or protected area shall state the following in an application for designation:
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Article 11 (Certificate of Designation of Tangible Cultural Asset, etc.)
(1) The following shall be mentioned in a certificate of designation of a tangible cultural asset, monument, folk materials or cultural asset materials pursuant to Article 7 (1) of the Ordinance:
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Article 12 (Certificate of Recognition as Possessor or Honorary Possessor of Intangible Cultural Asset, etc.)
(1) A certificate of recognition as a possessor or honorary possessor of an intangible cultural asset pursuant to Article 7 (2) of the Ordinance shall be issued in accordance with Form 4; a certificate of recognition as a possessory group, in accordance with Form 5; and an identification card of a possessor or honorary possessor, in accordance with Form 6.
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Article 13 (Procedures for Cancellation of Designation as Designated Cultural Assets, etc.)
Article 4 shall apply mutatis mutandis to the following cases:
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Article 14 (Provisional Designation)
Where the Mayor provisionally designates a cultural asset as a designated cultural asset pursuant to Article 10 of the Ordinance, he/she shall classify it into a tangible cultural asset, monument, folk materials or cultural asset materials.
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CHAPTER Ⅲ PRESERVATION AND MANAGEMENT OF CULTURAL ASSETS
Article 15 (Formulation of Plan for Preservation, Management and Utilization of Cultural Assets)
(1) If necessary for the formulation of a master plan pursuant to Article 14 of the Ordinance, the Mayor may request the head of an autonomous Gu to submit materials on designated cultural assets in the district over which the head has jurisdiction.
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Article 16 (Designation of Custodian Organization)
(1) Where the Mayor designates, for a designated cultural asset, etc., an autonomous Gu or a corporation or organization suited to manage the relevant designated cultural asset, etc. (hereinafter referred to as "custodian organization"), he/she shall issue a certificate of designation as a custodian organization in Form 9.
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Article 17 (Repair)
(1) "Repair" in Article 16 of the Ordinance means repair or reinstatement to its original state of a designated cultural asset, etc., survey or design therefor, and measures to prevent damage.
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Article 18 (Evaluation Standards for Repairing Service Projects and Construction Works on Cultural Assets, etc.)
Articles 21 through 24 of the Enforcement Rule of the Cultural Heritage Protection Act shall apply mutatis mutandis to the standards, procedures for and methods of evaluation of a repair service or repair works on a cultural asset and the period of validity of designation as an excellent business operator pursuant to Article 17 (6) of the Ordinance.
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Article 19 (Books)
(1) The Mayor shall record and preserve matters related to the preservation, management of and changes in a designated cultural asset, etc. pursuant to Article 19 of the Ordinance in accordance with the following classification:
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Article 20 (Application for Permit)
(1) Each person who intends to obtain a permit from the Mayor for an act falling under any of the subparagraphs of Article 20 of the Ordinance shall submit an application for permit in which the classification, designation number, name, quantity and location, etc. of the relevant designated cultural asset, etc. are mentioned to the Mayor.
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Article 21 (Scope of Insignificant Activities)
"Insignificant activities prescribed by the Enforcement Rule" in the proviso to subparagraph 3 of Article 20 of the Ordinance means any of the following activities:
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Article 22 (Crafts and Arts Instruction)
The Mayor may have a possessor of an intangible cultural asset examine the crafts or arts of a person who has received instruction on the relevant intangible cultural asset for not less than three years and issue a certificate of completion of crafts and arts instruction in Form 17 to a person whose crafts or arts are deemed to reach a reasonable level, in accordance with Article 21 (2) of the Ordinance.
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Article 23 (Reasons for Exception to Conduct of Crafts and Arts Instruction)
Reasons that a possessor of an intangible cultural asset needs not conduct crafts and arts instruction pursuant to the proviso to Article 21 (2) of the Ordinance shall be as follows:
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Article 24 (Grant of Subsidies to Possessors, etc. of Intangible Cultural Assets)
(1) The Mayor shall determine items, subjects and other standards for granting subsidies for crafts and arts instruction and a crafts and arts scholarship to a possessor, etc. of an intangible cultural asset and special subsidies to an honorary possessor pursuant to Article 21 (3) through (5) of the Ordinance, subject to deliberation by the Committee.
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Article 25 (Assistants for Crafts and Arts Instruction)
(1) A possessor of an intangible cultural asset may recommend assistants to help his/her crafts and arts instruction on the intangible cultural asset to the Mayor.
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Article 26 (Crafts and Arts Scholarship Students)
(1) The Mayor shall determine items by field of intangible cultural asset subject to the award of a scholarship to those receiving crafts and arts instruction pursuant to Article 21 (4) of the Ordinance, after deliberation by the Committee.
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Article 27 (Notice of Implementation of Repair, etc. and Compensation for Loss)
(1) If the Mayor intends to take measures referred to in the subparagraphs of Article 22 (1) of the Ordinance at the expense of the Seoul Metropolitan Government (hereinafter referred to as the "City") pursuant to Article 22 (2) of the Ordinance, he/she shall notify the relevant owner or manager of the classification, designation number, name, quantity of the cultural asset, and details or the time of commencement of the repair or measures, and other necessary matters.
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Article 28 (Report on Appointment of Manager, etc.)
(1) Each person who intends to report due to the accrual of a cause set forth in subparagraphs 1 through 8 of Article 23 of the Ordinance concerning a designated cultural asset, etc. shall submit a report according to the following classification to the Mayor within 15 days from the date of accrual of the relevant cause:
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CHAPTER Ⅳ DISCLOSURE AND INVESTIGATION OF DESIGNATED CULTURAL ASSETS, ETC.
Article 29 (Publication, etc. of Restrictions on Disclosure)
(1) If the Mayor restricts disclosure of a designated cultural asset, etc. pursuant to Article 28 (3) of the Ordinance, he/she shall publicize the following on the official gazette of the Seoul Metropolitan Government:
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Article 30 (Permit to Have Access to Area of which Disclosure is Restricted)
(1) Where a person who intends to have access to an area of which disclosure is restricted pursuant to Article 28 (5) of the Ordinance falls under any of the following, the Mayor may grant a permit to have access to the area:
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Article 31 (Entrustment of Regular Investigation, etc.)
The Mayor shall entrust a regular investigation and reinvestigation of designated cultural assets, etc. to any of the following institutions or organizations pursuant to Article 30 (7) of the Ordinance:
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CHAPTER Ⅴ OPERATION OF CULTURAL ASSETS OWNED BY THE CITY
Article 32 (Holidays for Cultural Assets Owned by the City)
(1) One day of each week shall be a holiday for the efficient management of cultural assets and their related facilities owned by the City pursuant to Article 32 of the Ordinance (hereinafter referred to as "cultural assets owned by the City").
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Article 33 (Opening or Usage Hours for Cultural Assets Owned by the City)
The opening or usage hours for cultural assets owned by the City shall be as follows: Provided, That this shall not apply where the Mayor reduces or extends opening hours because he/she deems it necessary:
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Article 34 (Restrictions on Viewing or Use of Cultural Assets Owned by the City)
In any of the following cases, the Mayor may restrict the viewing or use of cultural assets owned by the City:
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Article 35 (Return of Admission Fees for Cultural Assets Owned by the City)
No admission fees collected pursuant to Article 32 of the Ordinance shall be returned: Provided, That this shall not apply where the reason why visitors cannot view a cultural asset owned by the City is not a fault of the visitor but is a natural disaster or a fault, etc. of the City.
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Article 36 (Exemption from Admission Fees for Cultural Assets Owned by the City)
"Other persons the Mayor deems necessary" in subparagraph 6 of Article 33 of the Ordinance means any of the following persons:
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Article 37 (Permit to Use Cultural Assets Owned by the City and Collection of Rental Fees)
(1) Each person who intends to use temporarily a cultural asset owned by the City shall prepare and submit an application for permit to use a cultural asset in Form 31 to the Mayor and obtain his/her permit. In such cases, where the Mayor issues a permit to use a cultural asset owned by the City, he/she shall issue such permit in Form 32 to the applicant.
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Article 38 (Provisions Applicable Mutatis Mutandis to Collection of Admission Fees and Rental Fees)
Except for matters provided for in this Rule, matters necessary for the collection of admission fees and rental fees shall follow the examples of collecting local taxes.
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Article 39 (Application for Entrustment with Operation of Cultural Assets Owned by the City)
Each person who intends to be entrusted with the operation of cultural assets owned by the City pursuant to Article 36 (1) of the Ordinance shall submit an application for entrustment with operation, in Form 33 to the Mayor.
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Article 40 (Extension of Period of Entrustment with Operation of Cultural Assets Owned by the City, etc.)
When a trustee intends to obtain a permit to extend the period of entrustment with operation of cultural assets, he/she shall submit an application for extension of the period of entrustment with operation in Form 34 to the Mayor by not later than 60 days prior to the expiration of the period of entrustment with operation.
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Article 41 (Operational Rules)
The Mayor shall separately determine matters concerning the operation of cultural assets owned by the City not provided for in this Rule and other necessary matters.
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CHAPTER Ⅵ CULTURAL ASSETS COMMITTEE
Article 42 (Subcommittees)
(1) The Committee shall have subcommittee Ⅰ, subcommittee Ⅱ, subcommittee Ⅲ and subcommittee Ⅳ to take partial charge of cultural assets by field, and investigate and deliberate on matters referred to in the subparagraphs of Article 37 (1) of the Ordinance.
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Article 43 (Composition and Operation of Subcommittees)
(1) The subcommittees shall be comprised of members of the Committee, and the Mayor shall determine the number of members by subcommittee and the placement of members.
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Article 44 (Joint Meetings of Subcommittees)
(1) Where matters under investigation or deliberation by a subcommittee have relation to another subcommittee, the subcommittee may hold a joint meeting with such another subcommittee.
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Article 45 (Establishment of Lower-Tier Subcommittees)
A lower-tier subcommittee comprised of members and expert members of the Cultural Assets Committee may be established in a subcommittee for the efficient and professional investigation of and deliberation on the matters of which the subcommittee takes partial charge.
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Article 46 (Relevant Professionals)
(1) Relevant professionals pursuant to Article 41 (3) of the Ordinance shall be appointed by the Mayor from among experts in cultural assets, and each subcommittee may have a few experts so that they may collect materials on cultural assets, investigate and research cultural assets, and formulate a plan.
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Article 47 (Administrative Secretary and Clerk)
(1) One administrative secretary and one clerk shall be assigned to conduct administrative affairs of the Committee, subcommittees and joint meetings of subcommittees.
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CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS
Article 48 (Subsidies)
(1) Each person who intends to obtain a subsidy pursuant to Article 24 of the Ordinance shall submit an application stating each of the following to the Mayor:
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Article 49 (Identification Card of Investigator)
The identification certificate of a public official who makes an investigation pursuant to Article 31 (1) of the Ordinance shall be in accordance with Form 35.
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Article 50 (Submission of Results of Conduct of Entrusted Business, etc.)
Where the head of an autonomous Gu has conducted business pursuant to Article 51 of the Ordinance, he/she shall submit drawings, etc. to the Mayor within seven days from the date of such conduct. <Amended by Enforcement Rule No. 3678, Aug. 6, 2009>
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