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
Whole Amendment No. 4119, Oct. 13, 2016 | Amendment of Other Laws No. 4303, Oct. 10, 2019 |
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to prescribe matters mandated by the Seoul Metropolitan Government Ordinance on the Protection of Cultural Heritage and other matters necessary for enforcing said Ordinance.
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Article 2 (Definitions)
The definitions of the terms used in this Rule are as follows:
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CHAPTER II ESTABLISHING AND IMPLEMENTING POLICIES ON PROTECTING CULTURAL HERITAGE
Article 3 (Procedures for Formulating Implementation Plans for Preserving Cultural Heritage)
(1) An annual implementation plan established in line with the master plan for cultural heritage pursuant to Article 3 of the Ordinance (hereinafter referred to as "implementation plan") shall include the following:
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CHAPTER III DEVELOPING INFRASTRUCTURE FOR PRESERVING CULTURAL HERITAGE
Article 4 (Procedures for Basic Investigation of Cultural Heritage)
(1) When the Mayor intends to conduct a basic investigation of cultural heritage under Article 5 (1) of the Ordinance, he or she shall formulate a plan therefor, including such general matters as investigators, objects of the investigation and the process of investigation; and shall submit such plan to the Administrator of the Cultural Heritage Administration before commencing the basic investigation.
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Article 5 (Scope and Management of Information System on Cultural Heritage)
(1) The scope of the information system on cultural heritage established pursuant to Article 6 (3) of the Ordinance is as follows:
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Article 6 (Preparing Fire Response Guidelines)
(1) The scope of the cultural heritage assets for which fire response guidelines shall be prepared is as follows:
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CHAPTER IV DESIGNATING CULTURAL HERITAGE
Article 7 (Criteria for Designating Designated Cultural Heritage)
Criteria for designating designated cultural heritage under Article 8 of the Ordinance are as prescribed in attached Table 1.
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Article 8 (Procedures for Designating Designated Cultural Heritage)
(1) When the owner of a cultural heritage asset or a third party thereto intends to apply for designation of the cultural heritage asset as designated cultural heritage, he or she shall prepare an application therefor in attached Form 1; and shall submit the application to the Mayor.
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Article 9 (Criteria and Procedures for Designating Cultural Heritage Resources)
(1) Cultural heritage resources shall be designated as a whole, without dividing them into the types in Article 8 of the Ordinance; and the criteria prescribed in attached Table 1 shall apply to such designation mutatis mutandis.
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Article 10 (Criteria and Procedures for Designating Protective Facilities or Protection Zones)
(1) The criteria for designating protective facilities or a protection zone under Article 10 of the Ordinance are as prescribed in attached Table 2.
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Article 11 (Public Notice of Designation and Revocation)
When designating a cultural heritage asset or a cultural heritage resource as designated cultural heritage under Article 11 of the Ordinance or revoking such designation under Article 14, the following shall be publicly notified in the Official Gazette of the Seoul Metropolitan Government:
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Article 12 (Data Relevant to Designation)
An application submitted for designation of a cultural heritage asset as designated cultural heritage or designation of the protective facilities or protection zone therefor shall include the following data:
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Article 13 (Certificate of Designation of Tangible Cultural Heritage)
(1) The certificate of designation of tangible cultural heritage, a monument, a folklore resource, or a cultural heritage resource under Article 12 of the Ordinance shall include the following information:
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Article 14 (Procedures for Revoking Designation of Designated Cultural Heritage)
In any of the following cases, Article 8 shall apply mutatis mutandis:
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Article 15 (Provisional Designation)
Where the Mayor provisionally designates a cultural heritage asset as designated cultural heritage pursuant to Article 15 of the Ordinance, he or she shall classify such cultural heritage as tangible cultural heritage, a monument, a folklore resource, or a cultural heritage resource.
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CHAPTER V MANAGING AND PROTECTING CULTURAL HERITAGE
Article 16 (Designating Management Organizations)
(1) When the Mayor designates an autonomous Gu, or a corporation or an organization as an entity appropriate for
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Article 17 (Registers)
(1) Regarding the preservation, management, change, etc. of designated cultural heritage under Article 26 of the Ordinance, the Mayor shall enter and preserve records according to the following classification:
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Article 18 (Application for Permission)
A person who intends to obtain permission from the Mayor for an activity specified in any subparagraph of Article 20 of the Ordinance shall submit, to the Mayor, an application for permission, stating the classification, designation number, name, quantity, location, etc. of the relevant designated cultural heritage, in the appropriate form specified as follows:
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Article 19 (Scope of Insignificant Activities)
"Insignificant activities prescribed by rule" in the proviso of subparagraph 3 of Article 20 of the Ordinance means any of the following activities:
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Article 20 (Report on Appointment of Custodian)
(1) A person who intends to report the occurrence of any of the causes falling under subparagraphs 1 through 8 of Article 24 of the Ordinance regarding designated cultural heritage shall submit a report thereon to the Mayor in the following appropriate form within 15 days from the date such cause arises:
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Article 21 (Notification of Implementing Repair Work)
Where the Mayor intends to take any measure under any subparagraph of Article 25 (1) of the Ordinance at the expense of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") pursuant to Article 25 (2) of the Ordinance, he or she shall notify the owner or custodian of the relevant designated cultural heritage of the classification, designation number, name, and quantity of the designated cultural heritage or the details of repair work or of the measure, the time to commence the repair work or measure, and other necessary matters.
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Article 22 (Entrustment of Regular Investigations)
The Mayor may entrust an institution or organization referred to in either of the following with regular investigations and re-investigations of designated cultural heritage:
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CHAPTER VI PUBLIC DISCLOSURE OF CULTURAL HERITAGE
Article 23 (Public Notice of Restriction on Public Disclosure)
(1) When the Mayor restricts public disclosure of designated cultural heritage under Article 32 (3) of the Ordinance, he or she shall publicly notify the following in the Official Gazette of the Seoul Government:
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Article 24 (Permission to Enter Areas Subject to Restriction on Public Disclosure)
(1) In any of the following cases, the Mayor may allow a person to enter an area in which public disclosure is restricted under Article 32 (5) of the Ordinance:
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CHAPTER VII MANAGING CULTURAL HERITAGE ASSETS OWNED BY THE SEOUL GOVERNMENT
Article 25 (Days Cultural Heritage Assets Owned by the Seoul Government Are Closed)
(1) One day each week shall be designated as a closed day for efficiently managing cultural heritage assets owned by the Seoul Government and facilities relating thereto (hereinafter referred to as "cultural heritage assets owned by the Seoul Government").
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Article 26 (Hours of Opening or Using Cultural Heritage Assets Owned by the Seoul Government)
The hours for opening or using ultural heritage assets owned by the Seoul Government are as follows: Provided, That the following shall not apply where the Mayor reduces or extends the hours of opening or use as he or she deems necessary:
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Article 27 (Restriction on Opening or Using Cultural Heritage Assets Owned by the Seoul Government)
In any of the following cases, the Mayor may restrict opening or using cultural heritage assets owned by the Seoul Government:
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Article 28 (Permission to Use Cultural Heritage Assets Owned by the Seoul Government and Collecting Fees for Use)
(1) A person who intends to obtain permission for shooting pursuant to Article 34 of the Ordinance shall file with the Mayor an application for permission for shooting in attached Form 21 and required documents, not later than five days before shooting.
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Article 29 (Revoking Permission to Use Cultural Heritage Assets Owned by the Seoul Government)
(1) A person to whom a permit to use a cultural heritage asset owned by the Seoul Government was issued under Article 28 shall pre-consult with the Mayor or the head of the agency responsible for the management of cultural heritage on the following:
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Article 30 (Provisions Applicable Mutatis Mutandis to Collecting Fees for Use)
Except as provided in this Rule, the same manner as local taxes are collected shall apply with regard to the matters necessary for collecting fees for use.
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Article 31 (Application for Entrusted Management of Cultural Heritage Assets Owned by the Seoul Government)
A person who intends to be entrusted with managing cultural heritage assets owned by the Seoul Government under Article 36 (1) of the Ordinance shall submit to the Mayor an application for entrusting management in attached Form 25.
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Article 32 (Extending Period of Entrusted Management of Cultural Heritage Assets Owned by the Seoul Government)
When a trustee intends to have a period of entrusted management extended, he or she shall submit an application for extending the period of entrusted management in attached Form 26, along with a report on the results of management, etc., not later than 60 days before expiry of such period.
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Article 33 (Operating Regulations)
Matters not provided in this Rule and other matters necessary for managing cultural heritage assets owned by the Seoul Government shall be determined separately by the Mayor.
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CHAPTER VIII CULTURAL HERITAGE COMMITTEE
Article 34 (Subcommittees)
(1) The following subcommittees shall be established in order to authorize each of them to investigate and deliberate on the matters in the subparagraphs of Article 37 (1) of the Ordinance regarding cultural heritage in the relevant sector:
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Article 35 (Establishing and Operating Subcommittees)
(1) Each subcommittee shall be comprised of the members of the Committee; and the Mayor shall determine the maximum number of members on a subcommittee and assignment of members to each subcommittee.
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Article 36 (Joint Subcommittees)
(1) A meeting of a joint subcommittee under Article 37 (3) of the Ordinance shall be convened by the chairperson of each subcommittee or shall be held at the request of the Mayor.
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Article 37 (Establishment of Lower-Tier Subcommittees)
A lower-tier subcommittee comprised of members and expert members of the Cultural Heritage Committee may be
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Article 38 (Disqualification of, Challenge to, and Refrainment by, Members)
(1) In any of the following cases, a member of the Committee, a subcommittee, a joint subcommittee, or a lower-tier subcommittee (hereinafter referred to as "the Committee or a subcommittee") shall be barred from examination and deliberation:
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Article 39 (Relevant Experts)
(1) Relevant experts referred to in Article 42 (3) of the Ordinance shall be commissioned by the Mayor, from among experts in cultural heritage; and each subcommittee may have experts as required for collecting, analyzing, and studying materials relating to cultural heritage and formulating plans.
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Article 40 (Executive Secretaries and Clerks)
(1) One executive secretary and one clerk shall be assigned for clerical work of the Committee, subcommittees, and joint committees.
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CHAPTER IX SUPPLEMENTARY PROVISIONS
Article 41 (Reporting on Inheritance of Cultural Heritage Repair Business)
Article 13 of the Enforcement Rule of the Act on Cultural Heritage Maintenance shall apply to a person who intends to report the inheritance of a cultural heritage repair business under Article 53 (2) of the Ordinance.
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Article 42 (Evaluating Repair of Cultural Heritage Assets)
Articles 25 through 28 of the Enforcement Rule of the Act on Cultural Heritage Maintenance shall apply to matters concerning the criteria, procedures, and methods for evaluation under Article 60 of the Ordinance.
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Article 43 (Subsidies)
(1) A person who intends to receive a subsidy pursuant to Article 29 of the Ordinance shall submit an application to the Mayor, stating the following information therein:
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Article 44 (Identification Cards of Investigators)
An identification card of a public official who conducts an investigation under Article 28 (1) of the Ordinance shall be issued in attached Form 27.
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Article 45 (Submitting Results of Conducting Delegated Affairs)
When the head of a Gu has conducted the business affairs delegated pursuant to Article 63 of the Ordinance, he or she shall submit drawings, etc. to the Mayor within seven days from completion thereof.
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ADDENDUM |
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Criteria for Designating Designated Cultural Heritage of Seoul Metropolitan Government (pursuant to Articles 7 and 9) |
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Criteria for Designating Protective Facilities or Protection Zones of Seoul Metropolitan Government (pursuant to Article 10) |
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Shooting Fees and Fees for Use of Place (pursuant to Article 28) |
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Application for Designating Cultural Heritage Asset (Type and Category) |
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Certificate of Designation of (Tangible Cultural Heritage/Monument/Folklore Resource/Cultural Heritage Resource) of Seoul Metropolitan Government |
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Appendix to Certificate of Designation of (Tangible Cultural Heritage/Monument/Folklore Resource/Cultural Heritage Resource) of Seoul Metropolitan Government |
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Register of Certificates of Designation of (Tangible Cultural Heritage/Monument/Folklore Resource/Cultural Heritage Resource) of Seoul Metropolitan Government |
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Certificate of Designation of Management Organization of Designated Cultural Heritage Assets of Seoul Metropolitan Government |
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Register of Certificates of Designation of Management Organizations of Designated Cultural Heritage Assets of Seoul Metropolitan Government |
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Register of (Tangible Cultural Heritage/Monument/Folklore Resource/Cultural Heritage Resource) of Seoul Metropolitan |
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Application for Permission for (Capturing/Gathering/Removing) Designated Cultural Heritage Asset of Seoul Metropolitan Government |
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Application for Permission for (Making a Rubbed Copy/Photoprint/Film) of Designated Cultural Heritage Asset of Seoul Metropolitan Government |
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Application for Permission for Changing (Protective Facilities/Protection Zone) for Designated Cultural Heritage of Seoul Metropolitan Government |
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Application for Permission to Change Permitted Matters |
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Report on (Appointment/Dismissal) of Custodian of Designated Cultural Heritage of Seoul Metropolitan Government |
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Report on Transfer of Ownership of Designated Cultural Heritage Asset of Seoul Metropolitan Government |
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Report on Change in (Name/Address of Owner/Occupant or Holder/Custodian or Location/Storing Place) of Designated Cultural Heritage of Seoul Metropolitan Government |
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Report on (Destruction/Loss/Theft/Damage) of Designated Cultural Heritage of Seoul Metropolitan Government |
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Report on Return of Designated Cultural Heritage to Seoul Metropolitan City |
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Report on (Commencement/Completion) of Change in Present Condition of Designated Cultural Heritage Asset of Seoul Metropolitan Government |
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Report on Removal of Designated Cultural Heritage from Seoul Metropolitan City |
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Report on Return of Designated Cultural Heritage to Seoul Metropolitan City |
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Application for Permission to Enter Restricted Area of Designated Cultural Heritage of Seoul Metropolitan Government |
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Application for Permission for Shooting Cultural Heritage Asset Owned by Seoul Metropolitan Government |
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Permit for Shooting Cultural Heritage Owned by Seoul Metropolitan Government |
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Application for Permission to Use Place of Cultural Heritage Owned by Seoul Metropolitan Government |
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Permit to Use Place of Cultural Heritage Owned by Seoul Metropolitan Government |
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Application for Entrusting Management of Cultural Heritage Assets Owned by Seoul Metropolitan Government |
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Application for Extending Period of Entrusted Management of Cultural Heritage Assets Owned by Seoul Metropolitan Government |
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Certificate of Investigator of Cultural Heritage Assets of Seoul Metropolitan Government |
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