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. 4704, Nov. 13, 2008 | Partial Amendment No. 4753, Mar. 18, 2009 |
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CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters to contribute to the development of local and human culture by preserving cultural assets pursuant to Article 2 (1) of the Cultural Heritage Protection Act and promoting the cultural improvement of citizens with the efficient management of cultural assets owned by the Seoul Metropolitan Government. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 2 (Definitions)
The definitions of terms used in this Ordinance shall be as follows:
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CHAPTER Ⅱ DESIGNATION
Article 3 (Designated Cultural Assets)
(1) The Mayor may designate, preserve and manage cultural assets deemed worthy of preservation from among cultural assets not designated as State-designated cultural assets as designated cultural assets, according to the following classification subject to deliberation by the Seoul Metropolitan Government Cultural Assets Committee under Article 37 (hereinafter referred to as the "Committee"):
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Article 4 (Cultural Asset Materials)
The Mayor may designate, preserve and manage a cultural asset deemed necessary for local culture from among cultural assets not designated as designated cultural assets pursuant to Article 3 as cultural asset materials, subject to deliberation by the Committee. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 5 (Designation of Protected Objects or Protected Areas)
(1) If it is especially necessary for the protection of a cultural asset when the Mayor makes a designation pursuant to Articles 3 and 4, he/she may designate and manage a protected object or protected area for that purpose pursuant to Article 9 of the Act subject to deliberation by the Committee.
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Article 6 (Publication and Notification of Designation)
(1) Where the Mayor designates a designated cultural asset or cultural asset materials (including protected objects and protected areas; hereafter in this Article the same shall apply) or recognizes a possessor or honorary possessor of an intangible cultural asset in accordance with the provisions of Articles 3 through 5, he/she shall publicize the purport thereof on the official gazette of the Seoul Metropolitan Government (hereinafter referred to as the "Official Gazette") and immediately notify an owner, possessor or honorary possessor of the relevant cultural asset of such designation or recognition.
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Article 7 (Issuance of Certificate of Designation, etc.)
(1) Where the Mayor designates a tangible cultural asset, monument, folk materials or cultural asset materials pursuant to Articles 3 and 4, he/she shall issue a certificate of designation of the relevant cultural asset to its owner: Provided, That where the owner of the relevant cultural asset is unknown, or there is no owner thereof, the Mayor may issue a certificate of designation to its occupant or manager. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 8 (Effective Date of Designation or Recognition)
Designation or recognition under Articles 3 through 5 shall become effective with regard to an owner, possessor, honorary possessor, occupant or manager of the relevant cultural asset 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 9 (Cancellation of Designation or Recognition)
(1) Where a cultural asset designated pursuant to Articles 3 and 4 loses its value as a designated cultural asset or cultural materials (hereinafter referred to as "designated cultural asset, etc.") or there are other special reasons, the Mayor may cancel its designation subject to deliberation by the Committee: Provided, That where a cultural asset designated as a designated cultural asset, etc. is designated as a State-designated cultural asset pursuant to Article 5, 7 or 8 of the Act, its designation as a designated cultural asset, etc. shall be deemed to have been cancelled. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 10 (Provisional Designation)
(1) Where a cultural asset (excluding an intangible cultural asset) deemed worthy of designation pursuant to Article 3 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 a designated cultural asset.
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Article 11 (Designation of Scenary Districts around Cultural Assets)
Where the Mayor intends to designate and manage a scenary district around a cultural asset pursuant to Article 8 (1) 2 of Seoul Metropolitan Government Ordinance on Urban Planning (hereinafter referred to as the "Ordinance on Urban Planning"), he/she shall refer the issue to the Committee for deliberation. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 12 (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. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 13 (Designation of Historical Building Preservation Districts)
(1) Where the Mayor intends to designate a historical building preservation district to conserve Korean traditional buildings and modern buildings (hereinafter referred to as "historical buildings") other than designated cultural assets pursuant to subparagraph 3 of Article 9 of the Ordinance on Urban Planning, he/she shall refer the issue to the Committee for deliberation. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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CHAPTER Ⅲ MANAGEMENT AND PROTECTION OF CULTURAL ASSETS
Article 14 (Formulation of Plan for Preservation, Management and Utilization of Cultural Assets)
(1) The Mayor may formulate a master plan for preservation, management and utilization of designated cultural assets, etc. (hereinafter referred to as "master plan") in consultation with the head of each autonomous Gu (hereinafter referred to as the "head of a Gu"). <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 15 (Management by Custodian Organization)
(1) Where the ownership of a designated cultural asset, etc. is unclear or the management by its owner or custodian is deemed difficult or inappropriate, the Mayor may designate an autonomous Gu or any juridical person or group appropriate for the management of such cultural asset, etc. (hereafter in this Article referred to as "custodian organization") in charge of the management of the relevant designated cultural asset, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 16 (Repair, etc.)
(1) Where an owner (where a custodian organization has been designated, referring to such custodian organization) of a designated cultural asset intends to repair the relevant cultural asset, he/she shall assign a cultural asset repair technical expert, cultural asset repair technician or cultural asset repair business operator registered with the Mayor pursuant to Article 22, 26 or 27 of the Act (hereinafter referred to as "cultural asset repair technical expert, etc.") to repair such cultural asset: Provided, That this shall not apply where he/she repairs an insignificant part that does not affect the conservation of the relevant cultural asset. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 17 (Evaluation, etc. of Cultural Asset Repair Service and Works)
(1) The Mayor or the head of a Gu who has awarded a contract for a cultural asset repair service or repair works (hereinafter in this Article referred to as "contracting authority") may conduct an evaluation to enhance the technical level of the repair business operator and the quality of cultural asset repair works, if the relevant cultural asset repair service or repair works falls under any of the following subparagraphs: <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 18 (Designation and Cancellation of Veterinary Infirmaries)
(1) The Mayor shall designate any of the following institutions which have expert knowledge of cultural assets or have experience in the protection activities of natural monuments or treatment of wild animals as a veterinary infirmary pursuant to Article 31 (1) of the Act, on the recommendation of the head of a Gu or managing organization designated pursuant to Article 161 (1) of the Act (hereinafter referred to as "managing organization"):
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Article 19 (Preparation and Safekeeping of Records)
(1) The Mayor, the head of each Gu and the head of each managing organization shall prepare and safekeep records on the conservation, management and alteration of designated cultural assets, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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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 assets, etc. shall obtain permission from the Mayor, as prescribed by the Enforcement Rule. The same shall also apply where he/she intends to change any permitted matter: <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 21 (Protection and Promotion of Intangible Cultural Assets)
(1) The City shall protect and promote intangible cultural assets to inherit and develop the traditional heritage.
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Article 22 (Administrative Orders)
(1) The Mayor may order any of the following if he/she deems it necessary for the management and protection of a designated cultural asset, etc. (including a protected object and protected area; hereafter the same shall apply in this Article): <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 23 (Reported Matters)
Each owner, possessor, custodian or managing organization of a designated cultural asset, etc. (including a protected object and protected area; hereafter the same shall apply in this Article) shall, where any of the following causes accrues in relation to the relevant cultural asset, 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: <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 24 (Subsidies)
(1) The Mayor may wholly or partially subsidize the following expenses:
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Article 25 (Compensation for Loss)
The Mayor shall compensate for loss incurred by any of the following persons:
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Article 26 (Bearing Expenses)
The Mayor may bear or subsidize expenses incurred in the management, protection or repair of a State-designated cultural asset in the jurisdiction of the City which is not owned or managed by the City. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 27 (Application Mutatis Mutandis)
Articles 20, 22 (1) 1 and 3, subparagraphs 2 through 4 and 6 through 8 of Article 23 and Article 25 shall apply mutatis mutandis to the management and protection of provisionally designated cultural assets.
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CHAPTER Ⅳ DISCLOSURE AND INVESTIGATION OF CULTURAL ASSETS
Article 28 (Disclosure, etc. of Designated Cultural Assets)
(1) The Mayor shall disclose a designated cultural asset, etc. except in cases where the disclosure of the relevant cultural asset, etc. is restricted pursuant to paragraph (2) in the absence of unavoidable circumstances. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 29 (Collection of Admission Fees)
(1) Where an owner, possessor or managing organization of a designated cultural asset, etc. discloses such cultural asset, etc. he/she or it may collect admission fees from viewers. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 30 (Regular Investigation)
(1) The Mayor shall regularly investigate the general condition and the actual status of management, repair and inheritance of a designated cultural asset, etc. and other environmental conservation situation. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 31 (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 a designated cultural asset, etc. and other environmental conservation situation. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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CHAPTER Ⅴ OPERATION OF CULTURAL ASSETS OWNED BY THE CITY
Article 32 (Collection of Admission Fees for Cultural Assets Owned by the City)
(1) The Mayor may collect admission fees set forth in Table 3 annexed hereto from viewers of a cultural asset and facilities related thereto owned by the City set forth in Table 2 (hereinafter referred to as "cultural asset owned by the City").
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Article 33 (Exemption from Admission Fees for Cultural Assets Owned by the City)
The Mayor shall not collect admission fees from any of the following persons:
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Article 34 (Rental Fees for Cultural Assets Owned by the City)
(1) The Mayor may impose and collect rental fees set forth in Table 4 on and from persons who intend to use a cultural asset owned by the City for purposes other than for just viewing it: Provided, That where their purposes fall under any of the following, he/she shall not collect rental fees:
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Article 35 (Compensation for Damage, etc.)
(1) Where a viewer or user of a cultural asset owned by the City 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 City)
(1) The Mayor may delegate or entrust the management and operation of cultural assets owned by the City to any of the following persons for the efficient management and operation of the cultural assets owned by the City:
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CHAPTER Ⅵ CULTURAL ASSETS COMMITTEE
Article 37 (Establishment of Cultural Assets Committee)
(1) The Mayor shall establish the Seoul Metropolitan Government Cultural Assets Committee (hereinafter referred to as the "Committee") to investigate and deliberate on the following matters on the conservation, management and utilization of cultural assets. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 38 (Formation of Committee)
(1) The Committee shall be comprised of not more than 50 members.
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Article 39 (Duties of Chairperson)
(1) The chairperson shall preside over general affairs of the Committee and represent the Committee.
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Article 40 (Expert Members)
(1) The Committee may have not more than 50 non-standing expert members. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 41 (Meetings)
(1) The chairperson shall call a meeting and preside over the meeting.
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Article 42 (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 and a subcommittee for allowances, traveling expenses, etc. within budgetary limits.
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CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS
Article 43 (Succession to Rights and Duties)
(1) Where an owner of a designated cultural asset, etc. (including a protected object, protected area and a provisionally designated cultural asset) has been changed, the new owner shall succeed to rights and duties of the previous owner under this Ordinance or by an order, instruction or any other disposition issued by the Mayor under this Ordinance. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 44 (Commendations)
The Mayor may present an award certificate to any of the following persons:
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Article 45 (Fire Prevention, etc.)
(1) The Mayor shall formulate policies necessary for the prevention of fire on designated cultural assets, etc. and installation of fire fighting equipment and shall execute such policies. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 46 (Protection of Cultural Assets at Time of Construction Works)
(1) Before the Mayor or the head of a Gu (hereafter in this Article referred to as "administrative agency") approves or permits construction works that a person intends to perform in an area outside the outer boundary (where a protected area is designated, referring to the boundary of the protected area) of a cultural asset pursuant to Article 90 (2) of the Act, he/she shall examine, in respect of the following geographical boundaries, whether the performance of the relevant construction works might affect the conservation of the relevant cultural asset:
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Article 47 (Protection of Cultural assets in Development Projects)
Where the Mayor formulates and executes various development projects, he/she shall endeavor to prevent a designated cultural asset, etc. (including a protected object and protected area) from being damaged. <Amended by Ordinance No. 4753, Mar. 18, 2009>
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Article 48 (Support and Fostering of Cultural Asset Protection Groups)
Where the Mayor deems it necessary for the protection, conservation, proliferation and exaltation of cultural assets, he/she may support and foster the relevant groups.
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Article 49 (Fines for Negligence)
(1) Where the Mayor imposes a fine for negligence on a person who fails to report under Article 23, the provisions of Article 115 of the Act shall apply mutatis mutandis.
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Article 50 (Imposition and Collection of Fines for Negligence)
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 49.
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Article 51 (Entrustment of Duties)
The Mayor shall entrust the following duties to the head of each Gu:
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Article 52 Deleted. <on Mar. 18, 2009>
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ADDENDA |
Same as left |