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.

Article 2 (Definitions) (1) The definitions of terms used in this Ordinance shall be as follows:
1. "Designated cultural heritage" means designated cultural heritage of the Seoul Metropolitan Government, which is designated by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") as it is deemed worthy of preservation, from among cultural heritage defined in Articles 2 (2) 2 and 70 (1) of the Cultural Heritage Protection Act (hereinafter referred to as the "Act");
2. "Cultural heritage resources" means cultural heritage resources of the Seoul Metropolitan Government designated by the Mayor as he/she deems them to be necessary for the preservation of local culture from among cultural heritage not designated pursuant to Articles 2 (2) 3 and 70 (2) of the Act;
3. "Protection zone" means, where a tangible object fixed on the ground or a certain area has been designated as a cultural heritage, an area excluding the area occupied by the relevant designated cultural heritage, which is designated to protect such designated cultural heritage;
4. "Protective facilities" means buildings or facilities designated to protect cultural heritage;
5. "Historic and cultural environment" means the natural view surrounding cultural heritage, or any space of outstanding historic and cultural value which is a surrounding environment that needs to be protected together with the relevant cultural heritage;
6. "Construction works" means civil works, construction works, landscaping works, or other construction works which involve a change to the original form of land or seabed, which is defined in Article 2 of the Enforcement Decree of the Cultural Heritage Protection Act (hereinafter referred to as the "Decree");
7. "Cultural heritage outside the city" means any cultural heritage expatriated out of the city, and currently located outside Seoul Metropolitan City.
(2) Definitions of the terms used in this Ordinance shall conform to the Cultural Heritage Protection Act, the Act on Protection and Inspection of Buried Cultural Heritage and the Act on Cultural Heritage Maintenance, except for the subparagraphs of paragraph (1).

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.
(2) When the Mayor has established an annual implementation plan pursuant to paragraph (1) or has completed implementing it, he/she shall present the results thereof to the Administrator of the Cultural Heritage Administration.
(3) When the Mayor has established an annual implementation plan, he/she shall publicly announce it.
(4) Matters necessary for the establishment of an annual implementation plan, the implementation and public announcement thereof shall be prescribed by rule.

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.

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.
(2) The Mayor may either directly conduct an investigation or request the owner or custodian of the relevant cultural heritage or an organization, etc. related to the investigations and excavation of cultural heritage to present relevant data where necessary for the investigation referred to in paragraph (1).
(3) Where the Mayor intends to conduct an investigation into cultural heritage, he/she shall obtain prior consent of the owner or custodian of the relevant cultural heritage: Provided, That in cases of emergency, the purport thereof may be notified ex post facto.
(4) Necessary matters concerning detailed procedures for and methods, etc. of investigations of cultural heritage shall be prescribed by rule.

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.
(2) The Mayor may request the relevant agencies, the head of an autonomous Gu (hereinafter referred to as "the head of a Gu"), etc. to present necessary data in order to establish the information system on cultural heritage under paragraph (1).
(3) The scope of the information system on cultural heritage under paragraph (1), its operation procedures, and other necessary matters shall be prescribed by rule.

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.").
(2) The Mayor shall develop fire preparedness guidelines (hereinafter referred to as "guidelines") based on the characteristics of the respective cultural heritage, and take measures in order for the owner, custodian or management organization of each designated cultural heritage, etc. to use it.
(3) Guidelines shall be regularly examined and supplemented at least once a year, and matters to be addressed for fire preparedness and the scope of cultural heritage for which guidelines are to be developed shall be prescribed by rule.
(4) The owner, custodian and management organization of each designated cultural heritage, etc. shall install fire-fighting systems and disaster-prevention systems according to standards prescribed by the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act to prevent and suppress fire of the designated cultural heritage, etc. and endeavor to install anti-theft devices in accordance with Article 3 of the Enforcement Rule of the Act in order to prevent any theft of the designated cultural heritage, etc.
(5) The Mayor may, within budgetary limits, wholly or partially subsidize expenses incurred by a person who installs fire-fighting systems and disaster-prevention systems or anti-theft devices under paragraph (4).

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"):
1. Tangible cultural heritage: Cultural heritage deemed necessary for the preservation of local culture from among tangible cultural heritage referred to in Article 2 (1) 1 of the Act;
2. Intangible cultural heritage: Cultural heritage deemed necessary for the preservation of local culture from among intangible cultural heritage referred to in Article 2 (1) 2 of the Act;
3. Monuments: Monuments deemed necessary for the preservation of local culture from among monuments referred to in Article 2 (1) 3 of the Act;
4. Folklore resources: Folklore resources deemed necessary for the preservation of local culture from among folklore resources referred to in Article 2 (1) 4 of the Act.
(2) Where the Mayor designates any intangible cultural heritage pursuant to paragraph (1) 2, he/she shall recognize a holder thereof. Such recognition of a holder (including holding organizations; hereinafter the same shall apply) shall be made from among those who are not holders of important intangible cultural heritage prescribed by the Act.
(3) In addition to a holder recognized pursuant to paragraph (2), where there is a person worthy of being recognized as a holder of the relevant intangible cultural heritage, the Mayor may recognize him/her as a holder.
(4) Where a holder of intangible cultural heritage recognized pursuant to paragraphs (2) and (3) has difficulty in normally conducting crafts and arts instruction pursuant to Article 25 (2), the Mayor may recognize him/her as an honorary holder subject to deliberation by the Committee. In such cases, if a holder of intangible cultural heritage is recognized as an honorary holder, his/her recognition as a holder of intangible cultural heritage shall be deemed to have been cancelled from then on.

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.

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.
(2) Where the Mayor deems that adjustment is necessary due to a change in artificial or natural conditions, etc., he/she may adjust a protective facilities or protection zone which has been designated pursuant to paragraph (1), subject to deliberation by the Committee.
(3) Where the Mayor designates or adjusts a protective facilities or protection zone pursuant to paragraphs (1) and (2), he/she shall examine the propriety of such designation and adjustment in consideration of the following prior to the date on which it falls every ten years since the designation or adjustment: Provided, That where he/she is unable to examine the propriety at the time he/she ought to do so due to extraordinary circumstances, he/she may extend the time for such examination to the time prescribed in Article 15 of the Enforcement Rule of the Cultural Heritage Protection Act:
1. The value of preservation of the relevant cultural heritage;
2. The effects of designation of the protective facilities or protection zone on the exercise of property rights;
3. Surroundings of the protective facilities or protection zone.
(4) The relevant provisions of the Enforcement Rule of the Cultural Heritage Protection Act shall apply mutatis mutandis to matters concerning designations, adjustment and examination of the propriety, etc. under paragraphs (13) through (15) of the Enforcement Decree of the Cultural Heritage Protection Act.

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.
(2) In cases under paragraph (1), where no owner of the relevant cultural heritage exists or is unclear, the Mayor shall notify its possessor or custodian of such designation.

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.
(2) Where the Mayor recognizes a holder or honorary holder of any intangible cultural heritage pursuant to Article 8 (2) and (3), he/she shall issue a certificate of recognition and identification card indicating possession of the relevant intangible cultural heritage to its holder or honorary holder, as prescribed by rule.

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.

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.
(2) Where a holder of any intangible cultural heritage falls under any of the following cases, the Mayor may cancel the recognition of a holder of the intangible cultural heritage subject to deliberation by the Committee:
1. Where he/she is unsuitable to hold a title as a holder of the relevant cultural heritage due to a physical or mental disability, etc.;
2. Where he/she has been sentenced to a fine or heavier punishment in connection with the performance, exhibition, examination, etc. of a traditional culture, and such sentence has been confirmed;
3. Where he/she emigrates or acquires a foreign nationality;
4. Where he/she has been sentenced to imprisonment without labor or heavier punishment by any reason other than the performance, exhibition or examination of a traditional culture referred to in subparagraph 2, and such sentence has been confirmed;
5. Where he/she fails to conduct crafts and arts instruction under Article 25 (2) for two years without special reasons;
6. Where he/she fails to disclose his/her crafts and arts pursuant to Article 34 of the Act for two years without special reasons.
(3) Where a holder or honorary holder of intangible cultural heritage who is a private individual has died, his/her recognition as a holder or honorary holder of such intangible cultural heritage shall be cancelled, and where holders of intangible cultural heritage who are private individuals have all died, the Mayor may cancel designation of such intangible cultural heritage, subject to deliberation by the Committee.
(4) Where designation of any facility or protection zone is found inappropriate as a result of the examination pursuant to Article 10 (3) or there are other special reasons, the Mayor shall cancel designation of such protective facility or protection zone or adjust the extent thereof: Provided, That where designation of designated cultural heritage, etc. is cancelled, he/she shall immediately cancel designation of the relevant cultural heritage as a protective facility or protection zone.
(5) The provisions of Articles 11 and 13 shall apply mutatis mutandis to cases under paragraphs (1) through (4).
(6) Where an owner of tangible cultural heritage, monument, folklore resources or cultural heritage materials receives a notice of cancellation pursuant to paragraph (5) and Article 11, he/she shall return a certificate of designation of the relevant cultural heritage resources to the Mayor within 30 days from the date he/she receives such notice.
(7) Where a holder of intangible cultural heritage receives a notice of cancellation pursuant to paragraph (5) and Article 11, he/she shall return his/her certificate of recognition and identification card to the Mayor within 30 days from the date he/she receives such notice: Provided, That this shall not apply where a holder of intangible cultural heritage who is a private individual has died.

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.
(2) A provisional designation pursuant to paragraph (1) shall become effective from the date the Mayor notifies an owner, possessor or custodian of the provisionally designated cultural heritage (hereinafter referred to as "provisionally designated cultural heritage").
(3) A provisional designation pursuant to paragraph (1) shall be deemed to have been cancelled if the relevant cultural heritage is not designated pursuant to Article 8 within six months from the date it is provisionally designated.
(4) Articles 11 and 12 (1) shall apply mutatis mutandis with regard to paragraph (1), and no publication on the Official Gazette pursuant to Article 11 (1) shall be made.

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.

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.
(2) The owner of any designated cultural heritage, etc. may appoint a custodian to be in charge of managing and protecting the relevant cultural heritage on his/her behalf, as occasion demands.

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>
(2) Where the Mayor designates a management organization pursuant to paragraph (1), if there is an owner of such cultural heritage, the Mayor shall seek his/her opinion for consideration and seek the opinion of the management organization, etc. which he/she intends to designate.
(3) Where the Mayor designates a management organization pursuant to paragraph (1), he/she shall immediately publicize the purport thereof on the Official Gazette and notify the owner or custodian of the designated cultural heritage, etc. and the relevant management organization, etc. of such designation.
(4) No owner or custodian of designated cultural heritage, etc. shall interfere with the management of a management organization designated pursuant to paragraph (1) without justifiable grounds. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(5) Expenses incurred by a management organization in the management of designated cultural heritage, etc. shall be borne by the relevant management organization unless there are special provisions in this Ordinance, and where the relevant management organization is unable to bear the expenses, the Seoul Government or the competent autonomous Gu may bear such expenses. <Amended by Ordinance No. 5911, May 14, 2015>
(6) Article 13 shall apply mutatis mutandis with regard to paragraph (1).

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:
1. In cases of State-designated cultural heritage, within 100 meters from the boundary of a protection zone;
2. In cases of designated cultural heritage, etc., within 50 meters from the boundary of a protection zone: Provided, That movable cultural heritage designated by the Mayor among designated cultural heritage, general graveyard, stone monuments in the area of a general graveyard, and cultural heritage, etc. the designated protection zone of which is not less than 10,000 square meters, shall be excluded herefrom.
(2) With respect to construction works to be implemented in an area outside the outer boundary (referring to the boundary of a protection zone, if the protection zone is designated) of State-designated cultural heritage, designated cultural heritage, etc. in the preservation area of a historic and cultural environment designated by the Mayor pursuant to paragraph (1), the Mayor or the head of the Gu (hereafter in this Article referred to as "administrative agency") in charge of the authorization, permission, etc. of the construction works shall examine whether such construction works are likely to affect the preservation of designated cultural heritage, etc. before granting authorization, permission, etc. for the construction works. In such cases, the administrative agency concerned shall hear the opinions of the relevant professionals referred to in Article 13 of the Act. <Amended by Ordinance No. 5911, May 14, 2015>
(3) An administrative agency shall examine the following matters before it grants authorization, permission, etc. for any construction works in an area falling under any subparagraph of paragraph (1):
1. Whether the height of the building to be constructed meets the height standards for buildings around the cultural heritage referred to in Table 1;
2. Whether the purpose, scale, height, shape, quality of the material, color, etc. of the building or structure to be constructed is in harmony with the cultural heritage;
3. Whether the construction works damage the landscape and view around the cultural heritage;
4. Whether the building is apprehended to cause noise, vibration, etc. that might affect the conservation of the cultural heritage or to discharge sewage, waste water or emit noxious gases, chemical substances, dust or heat during construction or during the use after the completion;
5. Whether the construction works require any excavation work to the depth of not less than 50 meters below the ground that might affect the conservation of the cultural heritage;
6. Whether a water system or the volume of water is changed or pollution of the water is caused;
7. Whether the construction works destroy the view from the sky or history, culture, natural environment, etc.;
8. Whether any buried cultural heritage is paved;
9. Whether the construction works are apprehended to affect the conservation of the cultural heritage.
(4) Where any construction works fall under any of the following as a result of an examination pursuant to paragraphs (2) and (3), the competent administrative agency shall judge whether they fall under Article 35 (1) 1 or 2 of the Act in consultation with the Administrator of Cultural Heritage Administration in the case of State-designated cultural heritage, and in consultation with the Mayor in the case of designated cultural heritage, etc.:
1. Where the relevant building is higher than the height standards for buildings around the cultural heritage referred to in Table 1;
2. Where the results of an examination under paragraph (2) 2 through 9 indicate that the construction works are highly likely to affect the conservation of the cultural heritage;
3. Where the building site is a parcel of land directly abutting onto the boundary of the cultural heritage (or protection zone, if a protection zone is designated) and falls under any subparagraph of paragraph (1) (Provided, That where the building extends over the inside and outside of the boundary of a zone referred to in any subparagraph of paragraph (1), the case shall be consulted with the Administrator of the Cultural Heritage Administration or the Mayor).
(5) Where any construction works are deemed certain to affect any cultural heritage due to the characteristics, location condition, etc. of cultural heritage, etc. even if they are implemented outside the scopes of zones prescribed in paragraph (1), the administrative agency which authorizes or permits the construction works shall examine whether such construction works might affect the conservation of the cultural heritage, and where it is deemed to affect the conservation of such cultural heritage, paragraph (4) shall apply mutatis mutandis.

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:
1. Capturing animals, gathering plants or extracting minerals in an area designated or provisionally designated as a monument or a protection zone thereof, or taking them out of the zone;
2. Making a rubbing or photoprinting of designated cultural heritage, etc. or taking photographs that may be apprehensive of affecting the conservation thereof;
3. Changing (including sampling or stuffing animals or plants) the present condition of designated cultural heritage, etc. (including a protective facilities, protection zone and a dead monument) or any activity that may be apprehensive of affecting the conservation thereof as prescribed by the Mayor under the Enforcement Rule: Provided, That insignificant activities prescribed by rule shall be excluded herefrom.

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:
1. Where such act does not affect the preservation and management of cultural heritage;
2. Where such act does not damage a historic and cultural environment of cultural heritage;
3. Where such act is in compliance with the master plan for cultural heritage and the annual implementation plan under Article 3.

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:
1. Where he/she violates permitted matters or conditions of permission;
2. Where he/she obtains permission by fraudulent or other illegal means;
3. Where he/she is unable to fulfill permitted matters, or it is deemed likely to substantially undermine public interests.
(2) Where a person who has obtained permission under Article 20 fails to file a commencement report and a period for permission expires, such permission shall be deemed revoked.

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"):
1. A veterinary infirmary established by a person who has obtained a veterinarian's license in accordance with the Veterinarians Act;
2. An agency related to the livestock industry of the Seoul Government which employs a person who has obtained a veterinarian's license in accordance with the Veterinarians Act;
3. A managing organization or animal protection group which has a person who has obtained a veterinarian's license in accordance with the Veterinarians Act as its member;
(2) The head of a Gu or the head of a managing organization who intends to recommend a veterinary infirmary pursuant to paragraph (1) shall submit a written recommendation for designation of a natural monument veterinary infirmary in Form 1 to the Mayor along with documents referred to in the following subparagraphs:
1. A copy of a veterinarian's license;
2. A copy of a certificate of report on the opening of an animal hospital (limited to cases referred to in paragraph (1) 1.
(3) Where the Mayor designates an institution recommended pursuant to paragraph (2) as a veterinary infirmary, he/she shall issue a certificate of designation as a veterinary infirmary for natural monuments in Form 2; state matters concerning it in a book of issuance of certificates of designation as a veterinary infirmary for natural monuments in Form 3; and administer the book of issuance.
(4) Where a veterinary infirmary designated pursuant to paragraph (3) intends to have its certificate of designation as a veterinary infirmary for natural monuments reissued due to any of the following causes, it shall submit a re-issuance application in Form 4 to the Mayor along with documents according to the following classification:
1. Where it loses a certificate of designation as a veterinary infirmary: A statement of reasons therefor;
2. Where a certificate of designation as a veterinary infirmary becomes defaced: The relevant certificate of designation;
3. Where it ought to change items mentioned in a certificate of designation as a veterinary infirmary: The relevant certificate of designation and the documentary evidence thereof.
(5) Where a veterinary infirmary falls under any of the following, the Mayor may cancel the designation thereof:
1. It is designated by deceit or other unlawful means;
2. It fails to meet designation requirements pursuant to Article 38 (2) of the Act;
3. Where it kills or disables an animal under medical treatment, intentionally or by gross negligence;
4. Where it fails to report the result of treatment pursuant to Article 38 (3) of the Act or makes a false report;
5. Where it falsely claims reimbursement of expenses for animal treatment pursuant to Article 38 (4) of the Act;
6. Where it disregards an order of the Mayor pursuant to Article 42 (1) of the Act.
(6) Where the Mayor designates a veterinary infirmary pursuant to paragraph (1) or cancels its designation pursuant to paragraph (5), he/she shall report it to the Administrator of the Cultural Heritage Administration.

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:
1. Where a custodian is appointed or dismissed;
2. Where the owner of designated cultural heritage, etc. is changed;
3. Where there is any change in the name or address of an owner, holder or custodian;
4. Where there is any change in the name of a place, the lot number, the classification of land category, the area, etc. of the location of designated cultural heritage, etc.;
5. Where a place of custody is changed;
6. Where the whole or part of designated cultural heritage is destroyed, lost, stolen or damaged;
7. Where he/she takes out the cultural heritage permitted pursuant to subparagraph 1 of Article 20 and then brings it into again;
8. Where he/she changes the present condition of cultural heritage with permission (including permission to change) pursuant to subparagraph 3 of Article 20, or commences or completes other acts;
9. Where he/she takes designated cultural heritage, etc. (excluding intangible cultural heritage) out of an administrative district under the jurisdiction of the Seoul Government or brings it into the administrative district again.

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.
(2) The Mayor shall have a holder of intangible cultural heritage instruct the crafts and arts that he/she holds for the inheritance and conservation of the intangible cultural heritage: Provided, That this shall not apply where there are special reasons prescribed by rule.
(3) The Seoul Government may bear expenses incurred in the conduct of crafts and arts instruction under paragraph (2) within budgetary limits, and allow the gratuitous use of facilities established for the purpose of crafts and arts instruction, which are public assets.
(4) The Mayor may award a scholarship to a person who receives a crafts and arts instruction.
(5) The Mayor may grant special subsidies to an honorary holder of intangible cultural heritage.
(6) Matters necessary for crafts and arts instructions, awarding scholarships and special subsidies pursuant to paragraphs (2), (4) and (5) shall be prescribed by rule.

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):
1. Prohibition of or restriction on a certain act by an owner, holder, custodian or management organization, where the management conditions of the designated cultural heritage, etc. are inappropriate for the conservation of the relevant cultural heritage or where such prohibition or restriction is deemed especially necessary;
2. Repair of the designated cultural heritage, etc., establishment of other necessary facilities or removal of obstacles by an owner, custodian or management organization;
3. Necessary measures other than those referred to in subparagraphs 1 and 2 by an owner, custodian or management organization of the designated cultural heritage, etc.
(2) Where an owner or custodian of designated cultural heritage, etc. fails to comply with an order under paragraph (1) or it is deemed inappropriate to have the owner or custodian take measurers referred to in the subparagraphs of paragraph (1), the Mayor may take measures under the subparagraphs of paragraph (1) directly at the expense of the Seoul Government.

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.
(2) Where the Mayor deems it necessary for the conservation and management of designated cultural heritage, etc., he/she may have a person who has expert knowledge of cultural heritage or a research institution prepare records of designated cultural heritage, etc.

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.
(2) Where the Mayor deems more in-depth investigation necessary after a regular investigation pursuant to paragraph (1), he/she may have a public official under his/her jurisdiction reinvestigate the relevant cultural heritage, etc.
(3) Where the Mayor investigates pursuant to paragraphs (1) and (2), he/she shall notify such cultural heritage's owner, holder, custodian or management organization of the intent in advance: Provided, That in case of emergency, he/she may notify the intent later.
(4) A public official who investigates pursuant to paragraphs (1) and (2) may make a survey, excavate, remove an obstacle, and conduct other acts necessary for investigation within the extent that he/she dose not damage the present condition of the relevant designated cultural heritage, etc. under supervision of a management organization: Provided, That he/she shall obtain consent from the management organization if he/she intends to conduct an investigation or other necessary acts before sunrise or after sunset.
(5) A public official who investigates pursuant to paragraph (4) shall carry an identification certificate indicating his/her authority and produce it to the persons concerned.
(6) The Seoul Government shall compensate a person who has suffered a loss due to an act of investigation pursuant to paragraph (4) for the loss.
(7) The Mayor may delegate the whole or part of a regular investigation and reinvestigation pursuant to paragraphs (1) and (2) to the head of a Gu or entrust a specialized agency or organization with the same as prescribed by rule.
(8) The Mayor shall reflect the results of a regular investigation and reinvestigation pursuant to paragraphs (1) and (2) in the management of the following designated cultural heritage, etc.:
1. Designation of designated cultural heritage, etc. and the cancellation thereof;
2. Designation of a protective facility or protection zone of designated cultural heritage, etc. and the cancellation thereof;
3. Recognition of a holder of intangible cultural heritage and the cancellation thereof;
4. Repair and restoration of designated cultural heritage, etc.;
5. Restrictions on or prohibition of acts for the conservation of designated cultural heritage, etc., or the construction, removal or relocation of facilities therefor;
6. Other matters necessary for the management of designated cultural heritage, etc.

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.
(2) Where a public official investigates ex officio pursuant to paragraph (1), the provisions of Article 28 (3) through (6) shall apply mutatis mutandis with regard to a notice of investigation, request for cooperation in investigation and limitation of acts necessary for investigation, carrying and production of an identification certificate for investigation, compensation for loss due to an act of investigation, etc.

Article 30 (Compensation for Loss) The Mayor shall compensate for loss incurred by any of the following persons:
1. A person who has suffered loss due to basic investigation of cultural heritage conducted under Article 5;
2. A person who has suffered loss because he/she executed an order under Article 26 (1) 1 through 3;
3. A person who has suffered loss due to measures taken under Article 26 (2).

Article 31 (Subsidies) (1) The Mayor may wholly or partially subsidize the following expenses:
1. Expenses incurred when a management organization pursuant to Article 18 (1) manages designated cultural heritage, etc.;
2. Expenses incurred in taking measures pursuant to the subparagraphs of Article 26 (1);
3. Expenses incurred in the management, protection, repair or preparation of records of designated cultural heritage, etc. other than cases referred to in subparagraphs 1 and 2;
4. Expenses incurred in the protection and promotion of intangible cultural heritage;
5. Expenses incurred in the preparation and safekeeping of records pursuant to Article 27.
(2) Where the Mayor grants a subsidy pursuant to paragraph (1), he/she may supervise the repair of the relevant designated cultural heritage, etc. or other construction works.

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.

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.

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.
(2) If necessary for the conservation of and prevention of damage to designated cultural heritage, etc., the Mayor may restrict the disclosure of the whole or part of the relevant cultural heritage, etc.
(3) Where the Mayor restricts the disclosure of any designated cultural heritage, etc. pursuant to paragraph (2), he/she shall publicize the location of the area where the relevant cultural heritage etc. is located, the period and area for and in which the disclosure is restricted, and other relevant matters on the Official Gazette as prescribed by rule, and notify the head of the competent Gu of the restriction.
(4) Where the reason for restriction on disclosure pursuant to paragraph (2) becomes extinct, the Mayor shall lift the restrictive measure without delay. In such cases, the Mayor shall publicize the same on the Official Gazette and notify the head of the competent Gu as prescribed by rule.
(5) Each person who intends to have access to an area the disclosure of which is restricted pursuant to paragraphs (2) and (3) shall obtain permission from the Mayor by clarifying the reason.

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.
(2) An owner, holder or management organization of the relevant cultural heritage shall determine the amount of admission fees referred to in paragraph (1).

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.
(2) The method of disclosing skills or artistic talent of intangible cultural heritage under paragraph (1), and other relevant matters shall be prescribed by rule.
(3) The Mayor may fully or partially subsidize expenses incurred in public disclosure under paragraph (1) within budgetary limits.

Article 37 Deleted. <by Ordinance No. 5686, Mar. 20, 2014>

Article 38 Deleted. <by Ordinance No. 5686, Mar. 20, 2014>

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.
(2) When the Mayor receives an application for permission for shooting pursuant to paragraph (1), he/she shall permit it only when the details of the application meet the following requirements:
1. They shall not hamper or pervert the historicity and dignity of the cultural heritage;
2. They shall not contain immoral contents, such as murder, violence or arson.
(3) When the Mayor receives an application for permission for the use of a place pursuant to paragraph (1), he/she shall permit it only when the application is intended for holding any of the following events and in the case of which it will not disrupt the preservation and management of the relevant cultural heritage or hamper its historicity:
1. An event related to the relevant cultural heritage;
2. An event related to writing compositions, drawing pictures, calligraphy competition or any other similar nonprofit education or cultural event;
3. A conference, an exhibition, or any other event held by the government, an international organization or public institution under Article 4 of the Act on the Management of Public Institutions;
4. Other events for public interests.
(4) A person who obtains the permission for shooting and use of the place pursuant to paragraph (1) shall pay a fee for use thereof.
(5) Matters necessary for granting permission for shooting and use of the place, and the amount of a fee for use shall be prescribed by rule taking the types and hours of use of facilities into consideration.

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.
(2) The amount of compensation for damage or indemnity referred to in paragraph (1) shall be the actual expenses incurred on the basis of the market price.

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:
1. A corporation, organization or autonomous Gu aiming at the conservation and inheritance of cultural heritage or the promotion of cultural arts;
2. A corporation, organization or autonomous Gu which may make cultural heritage owned by the Seoul Government tourism resources or a tourist attraction.
(2) Cultural heritage owned by the Seoul Government that the Mayor may delegate or entrust pursuant to paragraph (1) shall be as set forth in Table 2.
(3) The Seoul Metropolitan Government Ordinance on the Entrustment of Administrative Affairs to the Private Sector shall apply mutatis mutandis to procedures for entrustment of the operation of cultural heritage owned by the Seoul Government.

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:
1. Designation of designated cultural heritage, etc. and the cancellation thereof;
2. Designation of a protective facility or protection zone of designated cultural heritage, etc. and the cancellation thereof;
3. Recognition of a holder or honorary holder of intangible cultural heritage from among the designated cultural heritage, and the cancellation thereof;
4. An order to perform an important repair or restoration of designated cultural heritage, etc.;
5. Permission to change the present condition of designated cultural heritage, etc. or to take it out of the City;
6. An order to restrict or prohibit an act for the conservation of surroundings of designated cultural heritage, etc. or construction, removal, or relocation of facilities;
7. Consultation about registered cultural heritage;
8. Professional or technical matters on the conservation, management or utilization of designated cultural heritage, etc. which are deemed important;
9. An order issued under Article 9 (1) of the Act on Protection and Inspection of Buried Cultural Heritage and Article 32 of the Enforcement Decree of the same Act to the implementer of the relevant construction works to take measures to preserve cultural heritage following ground surface inspections when construction works are implemented in a project area not exceeding two thousand square meters;
10. Matters concerning new installment and maintenance of stone posts;
11. Other matters the Mayor deems necessary for the management of cultural heritage and submits to a conference.
(2) The Committee may form and operate subcommittees by kind of cultural heritage to ensure the professionalism of investigation and deliberation.
(3) Any subcommittee under paragraph (2) may hold a meeting with another subcommittee (hereinafter referred to as "joint subcommittee") where necessary for investigation, deliberation, etc.
(4) The Committee, subcommittees, and joint subcommittees shall prepare meeting minutes stating the following matters. In such cases, stenographic notes or audio or video recording may be permitted where deemed necessary:
1. The date and time, and venue of a meeting;
2. Members present at a meeting;
3. Details of major deliberation and resolution.
(5) Meeting minutes prepared under paragraph (4) shall be disclosed to the public: Provided, That they may not be disclosed in the following cases:
1. Where it is likely to infringe on the profit in property or the confidentiality or freedom of private life, if the names, residence registration numbers or any other personal information of members, expert members, holders of important intangible cultural heritage, etc. are disclosed;
2. Where it is deemed likely to affect the impartial investigation and deliberation if the relevant information is disclosed, as the investigation and deliberation on the matters referred to in subparagraphs of paragraph (1) are in progress;
3. Where the relevant person's honor is deemed likely to be injured, if the meeting minutes concerning the recognition, etc. of a holder of intangible cultural heritage;
4. Other cases where it is deemed likely to significantly hamper the fairness of the deliberation of the Committee if disclosed.

Article 43 (Formation of Committee) (1) The Committee shall be comprised of not more than 50 members.
(2) The chairperson and the vice chairperson shall be elected by the Committee from among its members.
(3) The Mayor shall appoint members from among the following persons:
1. A person who is or was an associate professor or higher, in the faculty related to the preservation, management, and utilization of cultural heritage in a university or college under the Higher Education Act;
2. A person who has been engaged in business related to the preservation, management, and utilization of cultural heritage for at least ten years;
3. An expert with abundant knowledge and experience in cultural heritage, who has been engaged in business of anthropology, sociology, architecture, urban planning, tourism, environment, law, religion, or the press for at least ten years.
(4) The term of office of a member shall be two years: Provided, That the term of office of a member filling a vacancy shall be the remaining period of his/her predecessor.

Article 44 (Duties of Chairperson) (1) The chairperson shall preside over general affairs of the Committee and represent the Committee.
(2) The vice chairperson shall assist the chairperson and perform duties of the chairperson on his/her behalf in cases where he/she suffers an accident.
(3) If any extenuating circumstances occur to both the chairperson and the vice chairperson, a member with the highest seniority shall act on behalf of the chairperson.

Article 45 (Expert Members) (1) The Committee may have not more than 50 non-standing expert members.
(2) The Mayor shall appoint expert members from among those who have considerable knowledge and experience in the relevant field.
(3) Expert members shall collect materials for, investigate and research professional matters and formulate a plan on them, and attend and speak at a subcommittee.
(4) The term of appointment as an expert member shall be two years: Provided, That the term of appointment as an expert member filling a vacancy shall be the remaining period of his/her predecessor.

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:
1. Where he/she becomes incapable of carrying out his/her duties for a long period due to a disease, breakdown of mind and body, living abroad, etc. or fails to attend meetings of the Commission for a long time;
2. Where he/she becomes the representative or a full-time executive or employee of a cultural heritage repair business entity under Article 14 of the Act on Cultural Heritage Maintenance, Etc., a cultural heritage trade business operator under Article 75 (1) of the Act or a nonprofit corporation incorporated under Article 32 of the Civil Act for the purpose of excavating buried cultural heritage;
3. Where he/she wrongfully exercises his/her influence or accepts a n unjust solicitation in connection with his/her duties.

Article 47 (Meetings) (1) The chairperson shall call a meeting and preside over the meeting.
(2) A meeting of the Committee shall be held by attendance of the majority of the incumbent members and its resolutions shall be made with the consent of the majority of the members present.
(3) The Committee and each subcommittee may, where necessary, have an expert member or relevant professional, etc. attend a meeting of the Committee or subcommittee and seek his/her opinion.
(4) Paragraphs (1) through (3) shall apply mutatis mutandis to subcommittees.

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.

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.
(2) If the implementer of a development project prescribed in paragraph (1) finds buried cultural heritage while implementing a construction work, he/she shall immediately cease the relevant construction work.

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.
(2) Construction works under Article 4 (1) 4 (d) of the Enforcement Decree of the Act on Protection and Inspection of Buried Cultural Heritage means "construction works implemented at Toegye-ro, Dasan-ro, Wangsan-ro, Yulgok-ro, Sajik-ro or Euju-ro of the Seoul Metropolitan Government, or the surrounding area thereof inside Seoul Fortress Wall set forth in Appendix 5.

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.
(2) The implementer of construction works who receives notification pursuant to paragraph (1) shall take measures necessary for the preservation of cultural heritage, and report the result to the head of authorization or permission agency of the relevant construction works and the Mayor.
(3) Article 7 of the Enforcement Decree of the Act on Protection and Inspection of Buried Cultural Heritage and Article 5 of the Enforcement Rule of the same Act shall apply mutatis mutandis to matters necessary for the details and procedures of measures prescribed in paragraphs (1) and (2), and other necessary matters shall be prescribed by the Enforcement Rule.

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.

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.

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.

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.
(2) If necessary to establish a detailed implementation plan, the Mayor may request the head of a Gu to submit data concerning the repair, etc. of cultural heritage.

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.
(2) Where important matters prescribed in Article 12 (2) of the Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc. from among the registered matters are modified, a person who was registered for cultural heritage repair business, etc. pursuant to paragraph (1) shall make a modification report to the Mayor with whom registration was made pursuant to paragraph (1) within 30 days from the date of modification.
(3) Where a person who was registered for cultural heritage repair business, etc. pursuant to paragraph (1) closes his/her business, he/she shall make a report to the Mayor. In such cases, the Mayor in receipt of a report of business closure shall cancel the registration thereof.
(4) When the Mayor receives registration, a report of modification or a report of business closure of cultural heritage repair business, etc. pursuant to paragraphs (1) through (3), he/she shall notify the Administrator of the Cultural Heritage Administration thereof.
(5) When the Mayor registers cultural heritage repair business, etc. pursuant to paragraph (1), he/she shall issue a certificate of registration and a registration booklet.
(6) Where a certificate of registration or registration booklet issued pursuant to paragraph (5) is lost or becomes unusable, it may be reissued.
(7) Necessary matters concerning the procedures for the registration of cultural heritage repair business, etc. and for reports of modification, for the issuance and re-issuance of a certificate of registration and registration booklet, and other relevant matters shall be subject to the provisions of Articles 6 and 8 through 10 of the Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc.

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.:
1. Where it intends to transfer cultural heritage repair business;
2. Where a cultural heritage repair business entity which is a corporation intends to merge with another business entity.
(2) If a report on the transfer of cultural heritage repair business is filed under paragraph (1), a person who acquires the cultural heritage repair business shall succeed to the status of cultural heritage repair business entity of the person who transfers cultural heritage repair business; if a report on the merger of corporations is filed, a corporation established following such merger or surviving such merger shall succeed to the status of cultural heritage repair business entity of the corporation liquidated following such merger.
(3) A person who intends to transfer cultural heritage repair business as prescribed in paragraph (1) 1 shall announce such fact for at least, as prescribed in Article 11 (4) of the Enforcement Rule of the Act on Cultural Heritage Maintenance, Etc.
(4) The provisions concerning the requirements for registration of cultural heritage repair business entity, etc. prescribed in Article 14 (1) of the Act on Cultural Heritage Maintenance, Etc. and the grounds for disqualification of cultural heritage repair business entity, etc. prescribed in Article 15 of the same Act shall apply mutatis mutandis to the report referred to in paragraph (1).

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.
(2) Upon inheriting the cultural heritage repair business, the inheritor referred to in paragraph (1) shall report inheritance to the Mayor as prescribed by the Enforcement Rule.

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.
(2) The contractor shall keep a book of contracts for the repair of cultural heritage, book of contracts for on-site survey and design or book of contracts for superintendence, stating the details of the repair, etc. of cultural heritage at his/her principal place of business, as prescribed in Article 14 of the Enforcement Rule of the Act on Cultural Heritage Maintenance, Etc.

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.
(2) Upon receipt of a report on the repair of cultural heritage pursuant to paragraph (1), the person who has placed a contract order shall submit a report on the repair of designated cultural heritage, etc. to the Mayor within 30 days of the receipt of such report.

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.
(2) In order to make sure that cultural heritage is repaired in its original form, the Mayor may give guidance or provide advice on the following matters:
1. Matters concerning historical evidence, type and technique, extent, etc. of repair of cultural heritage;
2. Matters concerning site management, quality management, safety management, environmental management, etc.

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.
(2) A public official conducting inspections or examinations prescribed in paragraph (1) shall carry a certificate indicating his/her authority and present it to interested persons.
(3) If necessary, the Mayor may request persons related to the repair, etc. of cultural heritage, such as person placing a contract order of repair, etc. of cultural heritage, cultural heritage superintendent, etc. to submit data on the repair, etc. of cultural heritage.

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:

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.

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.:
1. A person who applies for registration as a cultural heritage repair business entity, etc. pursuant to Article 14 (1) of the Act on Cultural Heritage Maintenance, Etc.;
2. A person who applies for the re-issuance of a certificate of registration or registration booklet of a cultural heritage repair business entity, etc. pursuant to Article 14 (6) of the Act on Cultural Heritage Maintenance, Etc.

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.
(2) The Mayor may designate a cultural heritage repair business entity or on-site cultural heritage survey and design business entity, the outcomes of whose evaluation under paragraph (1) is excellent, as an excellent business entity for a year. In such cases, the Mayor shall publicize the following matters on the Official Gazette as prescribed in Article 29 (2) of the Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc.:
1. An agency that has place a contract order;
2. Name of the excellent cultural heritage repair business entity or excellent on-site cultural heritage survey and design business entity, the representative's name, registration number and the address of the place of business;
3. Date of designation and validity period.
(3) Where an excellent business entity prescribed in paragraph (2) receives a disposition of revocation of registration, etc. conducted under Article 49 of the Act on Cultural Heritage Maintenance, Etc. during the period of designation, the Mayor may grant him/her reduction or exemption.
(4) If deemed necessary to conduct an evaluation under paragraph (1), the Mayor may directly inspect the site, etc. of repair of cultural heritage or have cultural heritage repair business entities or on-site cultural heritage survey and design business entities submit necessary data.
(5) The standards and procedures for evaluation and the method, etc. thereof prescribed in paragraphs (1) through (4), shall be prescribed by the Enforcement Rule.

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.
(2) The fine for negligence referred to in paragraph (1) may be reduced or increased by the Mayor to the extent of a half thereof taking into account the degree of the violation, frequency thereof, cause and effect of such violation, etc.

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

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.
(2) Where the Mayor designates a management organization or revokes such designation pursuant to Article 18, paragraph (1) shall apply mutatis mutandis to the management organization and the relevant owner: Provided, That this shall not apply to rights and obligations exclusively belonging to the owner.

Article 70 (Entrustment of Duties) The Mayor shall entrust the following duties to the head of each Gu:
1. Matters subject to permission under subparagraph 1 of Article 20;
2. Permission to make a rubbing, photoprint or take photographs of designated cultural heritage, etc. under subparagraph 2 of Article 20;
3. Administrative orders and measures following administrative orders necessary for the management and protection of designated cultural heritage, etc. under Article 26;
4. Acceptance of reports under subparagraphs 1 through 8 of Article 24;
5. Other matters the Mayor determines by the Enforcement Rule.

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.
(2) Necessary matters concerning the events to be held on the disaster prevention day for cultural heritage may be separately determined by the Mayor.

Article 72 (Commendations) The Mayor may present an award certificate to any of the following persons:
1. A person who is not responsible for management and custody, but has rendered remarkably distinguished service to prevent destruction, loss, theft of or damage to designated cultural heritage or provisionally designated cultural heritage;
2. A person who is not a holder or honorary holder of intangible cultural heritage, but has rendered remarkable distinguished service for the protection and promotion of intangible cultural heritage;
3. A person who is responsible or liable for the management, protection or disclosure of any designated cultural heritage or provisionally designated cultural heritage and became an example to others in the management, protection and disclosure thereof;
4. A person who has rendered remarkable distinguished service for the conservation, management and utilization of cultural heritage;
5. A person who has obtained excellent results in an exhibition, contest, etc. related to the conservation of cultural heritage.

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.
(2) The Mayor shall impose a fine for negligence equivalent to three times the admission fee or fee for use which should have been paid by a person who failed to pay an admission fee pursuant to Article 39 by deceit or other unlawful means. <Amended by Ordinance No. 5686, Mar. 20, 2014>

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.
(2) The fines for negligence under paragraph (1) shall be imposed in accordance with the criteria prescribed in Article 48 (1) of the Enforcement Decree of the Cultural Heritage Protection Act.
(3) The fine for negligence referred to in paragraph (1) may be reduced or increased by the Mayor pursuant to Article 48 (2) of the Enforcement Decree of the Cultural Heritage Protection Act to the extent of a half of the amount of a fine for negligence based on the criteria referred to in paragraph (2) taking into account the motives, details, frequencies, and degree of violations concerned: Provided, That even in the case of increase, total amount of a fine for negligence shall not exceed the upper limit of a fine for negligence prescribed in Article 103 of the Act.