Seoul Metropolitan Government Ordinance on Conservation and Utilization of Cultural Heritage
Enactment No. 9268, May. 20, 2024 | |
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Article 1 (Purpose) Chapter 1. General Provisions
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Article 2 (Establishment of Cultural Heritage Conservation Implementation Plan)
Chapter 2. Establishment and Promotion of the Cultural Heritage Protection Policy
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Article 3 (Support and Promotion of Cultural Heritage Protection Organizations)
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Article 4 (Basic Survey of Cultural Heritage)
Chapter 3. Establishing a Foundation for Protecting Cultural Heritage
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Article 5 (Promotion of Cultural Heritage Informatization)
(1) The Mayor shall efficiently utilize the research data pursuant to Article 4 and other data necessary for the conservation and management of cultural heritage, and establish and operate a cultural heritage information system so that citizens can easily access and use cultural heritage information.
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Article 6 (Prevention of Fire and Disaster, Etc.)
(1) The Mayor shall establish and implement necessary measures to prevent fire, disasters, and theft of city-designated heritage sites.
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Article 7 (City-Designated Heritage) Chapter 4. Designation of Cultural Heritage
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Article 8 (Cultural Heritage Materials) The Mayor may, after deliberation by the Committee, designate as cultural heritage materials of cultural heritage that are not designated as city heritages under Article 7 and that are deemed necessary for the conservation of local culture, and conserve and manage them. |
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Article 9 (Designation of Protected Objects or Protected Areas)
(1) When designating in accordance with Articles 7 and 8, if it is particularly necessary to protect cultural heritage, the Mayor may, after deliberation by the Committee, designate and manage a protective structure or protection area in accordance with Article 27 of the Cultural Heritage Act and Article 41 of the Natural Heritage Act.
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Article 10 (Notification and Announcement of Designation)
(1) When the Mayor designates a city-designated heritage (including protected structures and protected areas; hereinafter the same shall apply in this Article) in accordance with the provisions of Articles 7 through 9, they shall announce the intent thereof in the Seoul Metropolitan City Gazette (hereinafter referred to as the “Gazette”) and notify the owner of the cultural heritage without delay.
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Article 11 (Issuance of Designation Certificate)
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Article 12 (Time of Effectiveness of Designation) Designation pursuant to Articles 7 through 9 shall take effect from the date of receipt of the designation notification for the owner, occupant, or manager of the cultural heritage, and from the date of public notice for other persons. |
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Article 13 (Rescission of Designation)
(1) If a cultural heritage designated under Articles 7 and 8 loses its value as city-designated heritage or if there are other special reasons, the Mayor may, after deliberation by the Committee, cancel the designation. However, if a cultural heritage designated as a city-designated heritage is designated as state-designated heritage in accordance with Articles 23, 25, and 26 of the Cultural Heritage Act or Articles 11 and 12 of the Natural Heritage Act, it shall be considered removed from city heritage as of the date it is designated as cultural heritage.
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Article 14 (Temporary Designation)
(1) The Mayor may temporarily designate a cultural heritage site that is deemed worthy of designation under Article 7 as a city heritage site if there is an urgent need prior to designation and there is not enough time to undergo deliberation by the Committee.
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Article 15 (Designation of Historical and Cultural Environment Conservation District) The Mayor shall designate a historical and cultural environment conservation district pursuant to Article 31, Paragraph 2, subparagraph 5 of the Enforcement Decree of the National Land Planning and Utilization Act after deliberation by the Committee. |
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Article 16 (Principle of Owner Management)
Chapter 5. Management and Protection of Cultural Heritage
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Article 17 (Management by Managing Organization)
(1) If the Mayor determines that the owner of a city-designated heritage is unclear or that management by the owner or manager is difficult or inappropriate, they may designate a local government or a corporation or organization (hereinafter referred to as “management organization” in this Article) appropriate to manage cultural heritages to manage the city-designated heritage. In such cases, the management organization for cultural heritages that are designated as city heritages and are not directly managed by Seoul Metropolitan City (hereinafter referred to as “City”) shall be an autonomous Gu. However, if the cultural heritage spans two (2) or more autonomous Gu, the city shall become the management team.
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Article 18 (Protection of Historical and Cultural Environment Conservation Areas)
(1) The scope of the historical and cultural environment conservation area according to Article 13 of the Cultural Heritage Act and Article 10 of the Natural Heritage Act is as follows.
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Article 19 (Matters Requiring Permission) 1. Capturing, collecting, or removing animals, plants, or mine products from an area designated or temporarily designated as a monument or natural heritage site, or from its protection area
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Article 20 (Criteria for Permission) 1. It shall not affect the conservation and management of the cultural heritage
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Article 21 (Cancellation of a Permit)
(1) The Mayor may cancel permission if a person who has received a license under Article 19 falls under any of the following subparagraphs.
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Article 22 (Treatment of Natural Monument Animals, Etc.)
(1) Animal treatment centers under Article 32, Paragraph 1 of the Natural Heritage Act shall be designated by the Mayor upon recommendation by the head of Gu or the head of the management organization (hereinafter referred to as “management organization”) designated under Article 26, Paragraph 1 of the Natural Heritage Act from among the following institutions that have specialized knowledge of natural heritage or experience in natural monument protection activities or wild animal treatment.
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Article 23 (Matters to be Reported) 1. When appointing or dismissing a manager
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Article 24 (Administrative Orders and Measures)
① When the Mayor deems it necessary for the management and protection of city-designated heritage (including protected areas and conservation areas; thereinafter the same shall apply in this Article), they may order the following matters.
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Article 25 (Creation and Conservation of Records)
(1) The Mayor, heads of a Gu, and heads of management organizations shall prepare and preserve records regarding the preservation, management, and changes to city-designated heritage.
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Article 26 (Regular Investigation)
(1) The Mayor shall regularly investigate the current status, management, repair, and other environmental conservation situations of city-designated heritage sites.
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Article 27 (Investigation by Authority)
(1) If the Mayor deems it necessary, they may have their subordinate officials investigate the current status, management, repair, and other environmental conservation status of city-designated heritage sites.
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Article 28 (Subvention)
(1) The Mayor may subsidize all or part of the expenses in each of the following items.
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Article 29 (Burden of Expenses)
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Article 30 (Application Mutatis Mutandis)
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Article 31 (Disclosure of City-Designated Heritage, Etc.)
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Article 32 (Collection of Admission Fees)
(1) The owner or management organization of a city-designated heritage may collect admission fees from visitors when making the cultural heritage public.
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Article 33 (Permission to Use and Usage Fees for Cultural Heritage Owned by the City)
Chapter 7. Management of Cultural Heritage by the City
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Article 34 (Indemnification for Damage, Etc.)
(1) If a visitor or user of a city-owned cultural heritage site damages or destroys facilities, etc., the Mayor shall promptly provide compensation or indemnification.
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Article 35 (Entrustment of Management of City-Owned Cultural Heritage)
(1) In order to efficiently manage and operate cultural heritage owned by the city, the Mayor may delegate or entrust the management and operation of cultural heritage owned by the city to any of the following persons.
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Article 36 (Establishment and Functions of the Committee)
Chapter 8. Seoul Metropolitan City Cultural Heritage Committee
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Article 37 (Organization of the Committee)
① The Committee shall be composed of no more than forty (40) members, including one (1) Chairperson and one (1) Vice Chairperson.
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Article 38 (Dismissal/Removal) 1. In case of Article 8-2 of the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Various Committees
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Article 39 (Duties of the Chairperson)
(1) The Chairperson shall represent the Committee and oversee the affairs of the Committee.
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Article 40 (Expert Committeeman)
(1) The Committee may have up to forty (40) part-time expert committeemen.
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Article 41 (Meetings)
(1) The Chairperson shall convene the Committee meeting and serve as its chair.
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Article 42 (Protection of Buried Heritage of Development Project Plan/implementer)
Chapter 9. Protection and Investigation of Buried Heritage
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Article 43 (Surface Investigation of Buried Heritage)
(1) The person carrying out a construction project as prescribed in Article 6 of the Buried Heritage Act and Article 4 of the Enforcement Decree of the same Act shall conduct a prior surface survey of buried heritage (hereinafter referred to as “surface survey”) to confirm whether cultural heritage is buried or distributed in the construction area.
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Article 44 (Order of Preservation Measures Based on Surface Investigation)
(1) The Mayor shall order the person carrying out the construction work falling under Article 44, Paragraph 2 to take necessary measures for the preservation of cultural heritage in accordance with Article 9, Paragraph 1 of the Buried Heritage Act and Article 32, Paragraph 1 of the Enforcement Decree of the same Act, and shall also notify the head of the agency that grants approval or permission for the construction work in question.
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Article 45 (Recording, Preparation, Etc. of Buried Heritage)
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Article 46 (Public Notice of Buried Heritage) In accordance with Article 22 of the Buried Heritage Act, if cultural heritage is discovered or excavated through surface survey or excavation, the Mayor shall publicize the fact on the city website or other means for fourteen (14) days. |
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Chapter 10. Cultural Heritage Repair, Etc. Article 47 (Basic Principles of Cultural Heritage Repair, Etc.) Cultural heritage repair, actual measurement design, or supervision (hereinafter referred to as “cultural heritage repair, etc.”) must use the most appropriate methods and technologies for preserving the original form of cultural heritage, and cultural heritage repair, etc. must not cause damage to city-designated heritage and its surrounding landscape. |
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Article 48 (Establishment of Implementation Plan for Cultural Heritage Repair, Etc.)
① After being notified of the basic plan for cultural heritage repair, etc. pursuant to Article 4, Paragraph 3 of the Cultural Heritage Repair Act and Article 3, Paragraph 3 of the Enforcement Decree of the same Act, the Mayor shall establish a detailed implementation plan by March 31st and submit it to the Administrator of the Korea Heritage Service.
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Article 49 (Registration of a Cultural Heritage Repair Businessman, Etc.)
(1) Any person who intends to operate a cultural heritage repair business, cultural heritage surveying and design business, or cultural heritage supervision business (hereinafter referred to as “cultural heritage repair business, etc.”) with their main place of business located within the jurisdiction of Seoul Metropolitan City must register with the Mayor by meeting the registration requirements of technical capabilities, capital (in the case of individuals, this refers to the asset valuation amount; hereinafter the same shall apply) and facilities as stipulated in Article 12 Paragraph 1 of the “Enforcement Decree of the Cultural Heritage Repair Act” (hereinafter referred to as the “Enforcement Decree of the Cultural Heritage Repair Act”).
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Article 50 (Transfer of a Cultural Heritage Repair Business, Etc.)
(1) In any of the following cases, a cultural heritage repair businessman must report to the Mayor in accordance with the provisions of the “Cultural Heritage Repair Act.”
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Article 51 (Succession of a Cultural Heritage Repair Business)
(1) If a cultural heritage repair businessman dies, their heir shall succeed to all rights and obligations of the cultural heritage repair businessman pursuant to the Cultural Heritage Repair Act.
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Article 52 (Principles of Contracting for Cultural Heritage Repairs, Etc.)
(1) The parties to a contract (including subcontracting; hereinafter the same shall apply in this Article) for cultural heritage repairs, etc. shall fairly conclude the contract based on agreement from an equal position and perform the contract contents in good faith.
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Article 53 (Preparation of a Cultural Heritage Repair Report)
(1) Upon completion of the contracted cultural heritage repair work, the cultural heritage repair businessman must submit a cultural heritage repair report to the ordering party within sixty (60) days.
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Article 54 (Inspection of Cultural Heritage Repair Sites, Etc.)
(1) The Mayor may inspect the cultural heritage repair site to prevent poor cultural heritage repair, and if the inspection results show that the relevant laws and regulations have been violated or cultural heritage repairs have been performed differently from the design documents, the Mayor may request the cultural heritage repair businessman, cultural heritage repairing technician, or cultural heritage supervisor to take necessary measures, such as issuing a corrective order, or to suspend business in accordance with the relevant laws and regulations.
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Article 55 (Inspection of the Status of Cultural Heritage Repairs, Etc.)
(1) In order to determine whether registration standards are met, whether subcontracting is appropriate, etc., the Mayor may, if they deem it necessary, order the cultural heritage repair businessman, etc. to report on their work and the status of cultural heritage repairs, etc., or to submit data, and may have public officials affiliated with them investigate the management status of cultural heritage repair businessmen, etc., or inspect related documents and facilities.
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Article 56 (Corrective Order, Etc.)
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Article 57 (Fees) 1. A person applying for registration as a cultural heritage repair businessman, etc. in accordance with Article 14, Paragraph 1 of the Cultural Heritage Repair Act
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Article 58 (Evaluation of Cultural Heritage Repair Businessmen, Etc.)
(1) In order to improve the technical level of cultural heritage repair businessmen and cultural heritage survey design contractors and the quality of cultural heritage repairs, the Mayor who commissioned cultural heritage repairs or survey designs may evaluate those cultural heritage repairs or survey designs that meet the standards set forth in Article 29, Paragraph 1 of the Enforcement Decree of the Cultural Heritage Repair Act.
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Article 59 (Registration of City-registered Cultural Heritage) Chapter 11. City-Registered Cultural Heritage
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Article 60 (Management of City-Registered Cultural Heritage)
(1) Owners or managers of city-registered cultural heritages, or other persons who manage city-registered cultural heritages, must endeavor to preserve the original form of city-registered cultural heritages.
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Article 61 (Matters to Be Reported Regarding City-Registered Cultural Heritage) 1. When appointing or dismissing a manager
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Article 62 (Changes in the Status of City-Registered Cultural Heritage)
(1) Any person who intends to perform any of the following acts with respect to a city-registered cultural heritage must report to the head of the competent Gu office at least thirty (30) days prior to the intended date of the change.
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Article 63 (Cancellation of Registration)
(1) If there is no need to preserve or utilize a cultural heritage registered in a city or if there are other special reasons, the Mayor may cancel the registration after deliberation by the Cultural Heritage Committee.
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Article 64 (Application Mutatis Mutandis)
(1) The provisions of Articles 10 through 12 shall apply mutatis mutandis to the announcement and notification of registration/deregistration of city-registered cultural heritage, issuance of registration certificates, and effective date of registration/deregistration. In this case, “city-designated heritage, cultural heritage material” shall be regarded as “city-registered cultural heritage,” “designation” shall be regarded as “registration,” and “cultural heritage designation certificate” shall be regarded as “certificate of registration.”
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Article 65 (Succession of Rights and Duties)
Chapter 12. Supplementary Provisions
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Article 66 (Delegation of Affairs) 1. Matters referred to in Article 19, subparagraph 1 that require a permit
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Article 67 (Disaster Prevention Day for Cultural Heritage)
(1) The Mayor shall conduct projects and events such as safety inspections and disaster prevention training for cultural heritage sites in line with the purpose of Disaster Prevention Day for Cultural Heritage.
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Article 68 (Commendation) 1. A person who has made a significant contribution to preventing the destruction, loss, theft, or damage of a designated or temporarily designated heritage without any responsibility for management or protection
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Article 69 (Administrative Fines)
Chapter 13. Penalty Provisions
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Article 70 (Imposition and Collection of Administrative Fines, Etc.)
(1) When the Mayor seeks to impose, collect, or file an objection to an administrative fine pursuant to Article 70, the Act on the Regulation of Violations of Public Order shall be followed.
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Addendum <No. 9268, May 20, 2024> |
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Signposts for smoking and non-smoking areas, and standards and installation methods for smoking areas (related to Article 6, Paragraph 6) |
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Height standards for buildings around cultural heritage sites (related to Article 18) |
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Natural Monument Animal Treatment Center Designation Certificate |
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Recommendation for Natural Monument Animal Treatment Center Designation |
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Issuance Register of Natural Monument Animal Treatment Center Designation Certificates |
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Application for Reissuance of Natural Monument Animal Treatment Center Designation Certificate |
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Attached Drawing |