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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION OF CULTURAL ASSETS

CHAPTER Ⅰ GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide for matters to contribute to the development of local and human culture by preserving cultural assets pursuant to Article 2 (1) of the Cultural Heritage Protection Act and promoting the cultural improvement of citizens with the efficient management of cultural assets owned by the Seoul Metropolitan Government. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows:
1. The term "designated cultural asset" means a designated cultural asset 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 assets as defined in Articles 2 (2) 2 and 71 (1) of the Cultural Heritage Protection Act (hereinafter referred to as the "Act");
2. The term "cultural asset materials" means cultural asset materials 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 assets not designated pursuant to Articles 2 (2) 3 and 71 (2) of the Act;
3. The term "protected area" means, where a tangible object fixed on the ground or a certain area has been designated as a cultural asset, an area excluding the area occupied by the relevant designated cultural asset, which is designated to protect such designated cultural asset.



CHAPTER Ⅱ DESIGNATION Article 3 (Designated Cultural Assets) (1) The Mayor may designate, preserve and manage cultural assets deemed worthy of preservation from among cultural assets not designated as State-designated cultural assets as designated cultural assets, according to the following classification subject to deliberation by the Seoul Metropolitan Government Cultural Assets Committee under Article 37 (hereinafter referred to as the "Committee"):
1. Tangible cultural assets: Cultural assets deemed necessary for the preservation of local culture from among tangible cultural assets referred to in Article 2 (1) 1 of the Act; <Amended by Ordinance No. 4753, Mar. 18, 2009>
2. Intangible cultural assets: Cultural assets deemed necessary for the preservation of local culture from among intangible cultural assets 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: <Amended by Ordinance No. 4753, Mar. 18, 2009>
4. Folk Materials: Folk materials deemed necessary for the preservation of local culture from among folk materials referred to in Article 2 (1) 4 of the Act. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where the Mayor designates an intangible cultural asset pursuant to paragraph (1) 2, he/she shall recognize a possessor thereof. Such recognition of a possessor (including a possessory group; hereinafter the same shall apply) shall be made from among those who are not possessors of important intangible cultural assets prescribed by the Act.
(3) In addition to a possessor recognized pursuant to paragraph (2), where there is a person worthy of being recognized as a possessor of the relevant intangible cultural asset, the Mayor may recognize him/her as a possessor. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(4) Where a possessor of an intangible cultural asset recognized pursuant to paragraphs (2) and (3) has difficulty in normally conducting crafts and arts instruction pursuant to Article 21 (2), the Mayor may recognize him/her as an honorary possessor subject to deliberation by the Committee. In such cases, if a possessor of an intangible cultural asset is recognized as an honorary possessor, his/her recognition as a possessor of an intangible cultural asset shall be deemed to have been cancelled from then on.

Article 4 (Cultural Asset Materials) The Mayor may designate, preserve and manage a cultural asset deemed necessary for local culture from among cultural assets not designated as designated cultural assets pursuant to Article 3 as cultural asset materials, subject to deliberation by the Committee. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 5 (Designation of Protected Objects or Protected Areas) (1) If it is especially necessary for the protection of a cultural asset when the Mayor makes a designation pursuant to Articles 3 and 4, he/she may designate and manage a protected object or protected area for that purpose pursuant to Article 9 of the Act subject to deliberation by the Committee.
(2) Where the Mayor deems that adjustment is necessary due to a change in artificial or natural conditions, etc., he/she may adjust a protected object or protected area which has been designated pursuant to paragraph (1), subject to deliberation by the Committee.
(3) Where the Mayor designates or adjusts a protected object or protected area 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 by the Enforcement Rule:
1. The value of preservation of the relevant cultural asset;
2. The effects of designation of the protected object or protected area on the exercise of property rights;
3. Surroundings of the protected object or protected area.
(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 (1) through (3).

Article 6 (Publication and Notification of Designation) (1) Where the Mayor designates a designated cultural asset or cultural asset materials (including protected objects and protected areas; hereafter in this Article the same shall apply) or recognizes a possessor or honorary possessor of an intangible cultural asset in accordance with the provisions of Articles 3 through 5, he/she shall publicize the purport thereof on the official gazette of the Seoul Metropolitan Government (hereinafter referred to as the "Official Gazette") and immediately notify an owner, possessor or honorary possessor of the relevant cultural asset of such designation or recognition.
(2) In cases under paragraph (1), where no owner of the relevant cultural asset exists or is unclear, the Mayor shall notify its occupant or manager of such designation.

Article 7 (Issuance of Certificate of Designation, etc.) (1) Where the Mayor designates a tangible cultural asset, monument, folk materials or cultural asset materials pursuant to Articles 3 and 4, he/she shall issue a certificate of designation of the relevant cultural asset to its owner: Provided, That where the owner of the relevant cultural asset is unknown, or there is no owner thereof, the Mayor may issue a certificate of designation to its occupant or manager. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where the Mayor recognizes a possessor or honorary possessor of an intangible cultural asset pursuant to Article 3 (2) and (3), he/she shall issue a certificate of recognition and identification card indicating possession of the relevant intangible cultural asset to its possessor or honorary possessor, as prescribed by the Enforcement Rule.

Article 8 (Effective Date of Designation or Recognition) Designation or recognition under Articles 3 through 5 shall become effective with regard to an owner, possessor, honorary possessor, occupant or manager of the relevant cultural asset from the date he/she is notified of such designation or recognition, and become effective with regard to others from the date such designation or recognition is publicized on the Official Gazette.

Article 9 (Cancellation of Designation or Recognition) (1) Where a cultural asset designated pursuant to Articles 3 and 4 loses its value as a designated cultural asset or cultural materials (hereinafter referred to as "designated cultural asset, etc.") or there are other special reasons, the Mayor may cancel its designation subject to deliberation by the Committee: Provided, That where a cultural asset designated as a designated cultural asset, etc. is designated as a State-designated cultural asset pursuant to Article 5, 7 or 8 of the Act, its designation as a designated cultural asset, etc. shall be deemed to have been cancelled. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where a possessor of an intangible cultural asset falls under any of the following, the Mayor may cancel the recognition of a possessor of the intangible cultural asset subject to deliberation by the Committee:
1. Where he/she is unsuitable to hold a title as a possessor of the relevant cultural asset 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 21 (2) for two years without special reasons;
6. Where he/she fails to disclose his/her crafts and arts pursuant to Article 36-2 of the Act for two years without special reasons.
(3) Where a possessor or honorary possessor of an intangible cultural asset who is a private individual has died, his/her recognition as a possessor or honorary possessor of such intangible cultural asset shall be cancelled, and where possessors of an intangible cultural asset who are private individuals have all died, the Mayor may cancel designation of such intangible cultural asset, subject to deliberation by the Committee.
(4) Where designation of a protected object or protected area is found inappropriate as a result of the examination pursuant to Article 5 (3) or there are other special reasons, the Mayor shall cancel designation of such protected object or protected area or adjust the extent thereof: Provided, That where designation of a designated cultural asset, etc. is cancelled, he/she shall immediately cancel designation of the relevant cultural asset as a protected object or protected area. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(5) The provisions of Articles 6 and 8 shall apply mutatis mutandis to cases under paragraphs (1) through (4).
(6) Where an owner of a tangible cultural asset, monument, folk materials or cultural asset materials receives a notice of cancellation pursuant to paragraph (5) and Article 6, he/she shall return a certificate of designation of the relevant cultural asset to the Mayor within 30 days from the date he/she receives such notice.
(7) Where a possessor of an intangible cultural asset receives a notice of cancellation pursuant to paragraph (5) and Article 6, 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 possessor of an intangible cultural asset who is a private individual has died. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 10 (Provisional Designation) (1) Where a cultural asset (excluding an intangible cultural asset) deemed worthy of designation pursuant to Article 3 is in urgent need of designation and it is pressed for time to go through deliberation by the Committee before it is designated, the Mayor may provisionally designate it as a designated cultural asset.
(2) A provisional designation pursuant to paragraph (1) shall become effective from the date the Mayor notifies an owner, occupant or manager of the provisionally designated cultural asset (hereinafter referred to as "provisionally designated cultural asset").
(3) A provisional designation pursuant to paragraph (1) shall be deemed to have been cancelled if the relevant cultural asset is not designated pursuant to Article 3 within six months from the date it is provisionally designated.
(4) The provisions of Articles 6 and 7 (1) shall apply mutatis mutandis with regard to paragraph (1), and no publication on the Official Gazette pursuant to Article 6 (1) shall be made.

Article 11 (Designation of Scenary Districts around Cultural Assets) Where the Mayor intends to designate and manage a scenary district around a cultural asset pursuant to Article 8 (1) 2 of Seoul Metropolitan Government Ordinance on Urban Planning (hereinafter referred to as the "Ordinance on Urban Planning"), he/she shall refer the issue to the Committee for deliberation. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 12 (Designation of Cultural Resources Conservation Districts) Where the Mayor intends to designate an area as a cultural resources conservation district pursuant to Article 31 (2) 4 (a) of the Enforcement Decree of the National Land Planning and Utilization Act, he/she shall refer the issue to the Committee for deliberation. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 13 (Designation of Historical Building Preservation Districts) (1) Where the Mayor intends to designate a historical building preservation district to conserve Korean traditional buildings and modern buildings (hereinafter referred to as "historical buildings") other than designated cultural assets pursuant to subparagraph 3 of Article 9 of the Ordinance on Urban Planning, he/she shall refer the issue to the Committee for deliberation. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where the Mayor designates a historical building preservation district, he/she shall formulate a plan for management of the relevant district. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(3) Where an administrative agency intends to permit an act accompanying a change in the present condition (including destruction, expansion and remodelling) of a historical building preservation district or to accept a report thereof, he/she shall refer the issue to the Committee for deliberation before he/she permits such act or accepts such report.
(4) Where necessary for the protection of a building in a historical building preservation district, the Mayor may subsidize repair and maintenance costs, etc. to the owner, etc. of such building within budgetary limits.



CHAPTER Ⅲ MANAGEMENT AND PROTECTION OF CULTURAL ASSETS Article 14 (Formulation of Plan for Preservation, Management and Utilization of Cultural Assets) (1) The Mayor may formulate a master plan for preservation, management and utilization of designated cultural assets, etc. (hereinafter referred to as "master plan") in consultation with the head of each autonomous Gu (hereinafter referred to as the "head of a Gu"). <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) A master plan under paragraph (1) shall include the following:
1. Matters concerning the repair and maintenance of designated cultural assets, etc.; <Amended by Ordinance No. 4753, Mar. 18, 2009>
2. Matters concerning the protection of surroundings of designated cultural assets, etc.; <Amended by Ordinance No. 4753, Mar. 18, 2009>
3. Other matters necessary for the conservation, management and utilization of designated cultural assets, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(3) Where the Mayor formulates a master plan referred to in paragraph (1), he/she shall notify the head of each Gu of such master plan, and the head of each Gu shall formulate and execute a detailed execution plan according to such master plan.
(4) Matters necessary for the formulation and execution of a master plan and a detailed execution plan pursuant to paragraphs (1) and (2) shall be prescribed by the Enforcement Rule.

Article 15 (Management by Custodian Organization) (1) Where the ownership of a designated cultural asset, etc. is unclear or the management by its owner or custodian is deemed difficult or inappropriate, the Mayor may designate an autonomous Gu or any juridical person or group appropriate for the management of such cultural asset, etc. (hereafter in this Article referred to as "custodian organization") in charge of the management of the relevant designated cultural asset, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where the Mayor designates a custodian organization pursuant to paragraph (1), if there is an owner of such cultural asset, the Mayor shall seek his/her opinion for consideration and seek the opinion of the custodian organization, etc. which he/she intends to designate.
(3) Where the Mayor designates a custodian 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 asset, etc. and the relevant custodian organization, etc. of such designation. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(4) No owner or custodian of a designated cultural asset, etc. shall interfere with the management of a custodian organization designated pursuant to paragraph (1) without justifiable grounds. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(5) Expenses incurred by a custodian organization in the management of a designated cultural asset, etc. shall be borne by the relevant custodian organization unless there are special provisions in this Ordinance, and where the relevant custodian organization is unable to bear the expenses, the Seoul Metropolitan Government (hereinafter referred to as the "City") or the competent autonomous Gu may bear such expenses. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(6) The provisions of Article 8 shall apply mutatis mutandis with regard to paragraph (1).

Article 16 (Repair, etc.) (1) Where an owner (where a custodian organization has been designated, referring to such custodian organization) of a designated cultural asset intends to repair the relevant cultural asset, he/she shall assign a cultural asset repair technical expert, cultural asset repair technician or cultural asset repair business operator registered with the Mayor pursuant to Article 22, 26 or 27 of the Act (hereinafter referred to as "cultural asset repair technical expert, etc.") to repair such cultural asset: Provided, That this shall not apply where he/she repairs an insignificant part that does not affect the conservation of the relevant cultural asset. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Each person who repairs a cultural asset pursuant to paragraph (1) shall observe the following rules when he/she performs repair works:
1. He/she shall perform repair works of the cultural asset with faith and sincerity;
2. He/she shall perform repair works to meet the repair standards in the repair design books and standard specifications, etc. of the cultural asset;
3. He/she shall faithfully make a repair report for repair works of the cultural asset and submit it to the person who has awarded a contract for such repair works;
4. Other rules equivalent to the provisions of subparagraphs 1 through 3 that the Mayor deems necessary for the conservation of original form of the cultural asset and the improvement in the quality of repair works.
(3) Tables 1 through 3 annexed to the Enforcement Decree of the Cultural Heritage Protection Act (hereinafter referred to as the "Enforcement Decree") shall apply mutatis mutandis to the kinds and duties of a cultural asset repair technical expert, etc. pursuant to paragraph (1).

Article 17 (Evaluation, etc. of Cultural Asset Repair Service and Works) (1) The Mayor or the head of a Gu who has awarded a contract for a cultural asset repair service or repair works (hereinafter in this Article referred to as "contracting authority") may conduct an evaluation to enhance the technical level of the repair business operator and the quality of cultural asset repair works, if the relevant cultural asset repair service or repair works falls under any of the following subparagraphs: <Amended by Ordinance No. 4753, Mar. 18, 2009>
1. Repair service: Service whose contract price is not less than 30 million won;
2. Repair works: Works whose contract price is not less than one billion won.
(2) Notwithstanding paragraph (1), a contracting authority which has awarded a contract for repair works pursuant to Article 29 (1) of the Act may conduct an evaluation of repair works on a designated cultural asset, etc. in consideration of its historical, scientific and architectural characteristics even in cases where it does not fall under paragraph (1) 2. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(3) A contracting authority may designate a business operator of the repair service or works that has received a favorable evaluation pursuant to paragraph (1) as an excellent business operator for a prescribed period.
(4) When a contracting authority awards a contract for repair service or repair works on a cultural asset, it may treat an excellent business operator pursuant to paragraph (3) favorably during the period for which he/she is designated as an excellent business operator.
(5) If necessary for the conduct of an evaluation pursuant to paragraph (1) or (2), a contracting authority may directly inspect a cultural asset repair site, etc. or have a repair business operator submit materials necessary for the evaluation.
(6) Matters concerning the standards, procedures for and methods of evaluation, and the period of validity of designation as an excellent business operator in accordance with the provisions of paragraphs (1) through (5) shall be prescribed by the Enforcement Rule.

Article 18 (Designation and Cancellation of Veterinary Infirmaries) (1) The Mayor shall designate any of the following institutions which have expert knowledge of cultural assets or have experience in the protection activities of natural monuments or treatment of wild animals as a veterinary infirmary pursuant to Article 31 (1) of the Act, on the recommendation of the head of a Gu or managing organization designated pursuant to Article 161 (1) of the Act (hereinafter referred to as "managing organization"):
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 City 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 31 (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 31 (3) of the Act or makes a false report;
5. Where it falsely claims reimbursement of expenses for animal treatment pursuant to Article 31 (4) of the Act;
6. Where it disregards an order of the Mayor pursuant to Article 37 (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.
[This Article Wholly Amended by Ordinance No. 4753, Mar. 18, 2009]

Article 19 (Preparation and Safekeeping of Records) (1) The Mayor, the head of each Gu and the head of each managing organization shall prepare and safekeep records on the conservation, management and alteration of designated cultural assets, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where the Mayor deems it necessary for the conservation and management of designated cultural assets, etc., he/she may have a person who has expert knowledge of cultural assets or a research institution prepare records of designated cultural assets, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 20 (Matters Subject to Permission) Each person who intends to conduct any of the following acts in respect of designated cultural assets, etc. shall obtain permission from the Mayor, as prescribed by the Enforcement Rule. The same shall also apply where he/she intends to change any permitted matter: <Amended by Ordinance No. 4753, Mar. 18, 2009>
1. Capturing animals, gathering plants or extracting minerals in an area designated or provisionally designated as a monument or a protected area thereof, or taking them out of the area;
2. Making a rubbing or photoprinting of a designated cultural asset, etc. or taking photographs that may be apprehensive of affecting the conservation thereof; <Amended by Ordinance No. 4753, Mar. 18, 2009>
3. Changing (including sampling or stuffing animals or plants) the present condition of a designated cultural asset, etc. (including a protected object, protected area 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 the Enforcement Rule shall be excluded herefrom. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 21 (Protection and Promotion of Intangible Cultural Assets) (1) The City shall protect and promote intangible cultural assets to inherit and develop the traditional heritage.
(2) The Mayor shall have a possessor of an intangible cultural asset instruct the crafts and arts that he/she possesses for the inheritance and conservation of the intangible cultural asset: Provided, That this shall not apply where there are special reasons prescribed by the Enforcement Rule.
(3) The City 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 possessor of an intangible cultural asset.
(6) Matters necessary for crafts and arts instructions, awarding scholarships and special subsidies pursuant to paragraphs (2), (4) and (5) shall be prescribed by the Enforcement Rule.

Article 22 (Administrative Orders) (1) The Mayor may order any of the following if he/she deems it necessary for the management and protection of a designated cultural asset, etc. (including a protected object and protected area; hereafter the same shall apply in this Article): <Amended by Ordinance No. 4753, Mar. 18, 2009>
1. Prohibition of or restriction on a certain act by an owner, possessor, custodian or managing organization, where the management conditions of the designated cultural asset, etc. are inappropriate for the conservation of the relevant cultural asset or where such prohibition or restriction is deemed especially necessary; <Amended by Ordinance No. 4753, Mar. 18, 2009>
2. Repair of the designated cultural asset, etc., establishment of other necessary facilities or removal of obstacles by an owner, custodian or managing organization; <Amended by Ordinance No. 4753, Mar. 18, 2009>
3. Necessary measures other than those referred to in subparagraphs 1 and 2 by an owner, custodian or managing organization of the designated cultural asset, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where an owner or custodian of a designated cultural asset fails to comply with an order pursuant to 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 shall take measures under the subparagraphs of paragraph (1) directly at the expense of the City.

Article 23 (Reported Matters) Each owner, possessor, custodian or managing organization of a designated cultural asset, etc. (including a protected object and protected area; hereafter the same shall apply in this Article) shall, where any of the following causes accrues in relation to the relevant cultural asset, etc. report the fact and details thereof to the Mayor: Provided, That in cases under subparagraph 1, an owner and custodian shall report the fact and details thereof, and in cases under subparagraph 2, new and old owners shall report the fact and details thereof, under the joint signature respectively: <Amended by Ordinance No. 4753, Mar. 18, 2009>
1. Where a custodian is appointed or dismissed;
2. Where an owner of a designated cultural asset, etc. is changed; <Amended by Ordinance No. 4753, Mar. 18, 2009>
3. Where there is any change in the name or address of an owner, possessor 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 a designated cultural asset, etc.; <Amended by Ordinance No. 4753, Mar. 18, 2009>
5. Where a place of custody is changed;
6. Where the whole or part of a designated cultural asset is destroyed, lost, stolen or damaged; <Amended by Ordinance No. 4753, Mar. 18, 2009>
7. Where he/she takes out a cultural asset permitted pursuant to subparagraph 1 of Article 20 and then brings it into again;
8. Where he/she changes the present condition of a cultural asset with permission (including permission to change) pursuant to subparagraph 3 of Article 20, or commences or completes other acts;
9. Where he/she takes a designated cultural asset, etc. (excluding an intangible cultural asset) out of an administrative district under the jurisdiction of the City or brings it into the administrative district again. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 24 (Subsidies) (1) The Mayor may wholly or partially subsidize the following expenses:
1. Expenses incurred when a managing organization pursuant to Article 15 (1) manages a designated cultural asset, etc.; <Amended by Ordinance No. 4753, Mar. 18, 2009>
2. Expenses incurred in taking measures pursuant to the subparagraphs of Article 22 (1);
3. Expenses incurred in the management, protection, repair or preparation of records of designated cultural assets, etc. other than cases referred to in subparagraphs 1 and 2; <Amended by Ordinance No. 4753, Mar. 18, 2009>
4. Expenses incurred in the protection and promotion of intangible cultural assets;
5. Expenses incurred in the preparation and safekeeping of records pursuant to Article 19.
(2) Where the Mayor grants a subsidy pursuant to paragraph (1), he/she may supervise the repair of the relevant designated cultural asset, etc. or other construction works. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 25 (Compensation for Loss) The Mayor shall compensate for loss incurred by any of the following persons:
1. A person who has suffered loss because he/she executed an order under Article 22 (1) 1 through 3;
2. A person who has suffered loss due to measures taken under Article 22 (2).

Article 26 (Bearing Expenses) The Mayor may bear or subsidize expenses incurred in the management, protection or repair of a State-designated cultural asset in the jurisdiction of the City which is not owned or managed by the City. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 27 (Application Mutatis Mutandis) Articles 20, 22 (1) 1 and 3, subparagraphs 2 through 4 and 6 through 8 of Article 23 and Article 25 shall apply mutatis mutandis to the management and protection of provisionally designated cultural assets.



CHAPTER Ⅳ DISCLOSURE AND INVESTIGATION OF CULTURAL ASSETS Article 28 (Disclosure, etc. of Designated Cultural Assets) (1) The Mayor shall disclose a designated cultural asset, etc. except in cases where the disclosure of the relevant cultural asset, etc. is restricted pursuant to paragraph (2) in the absence of unavoidable circumstances. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) If necessary for the conservation of and prevention of damage to a designated cultural asset, etc., the Mayor may restrict the disclosure of the whole or part of the relevant cultural asset, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(3) Where the Mayor restricts the disclosure of a designated cultural asset, etc. pursuant to paragraph (2), he/she shall publicize the location of the area where the relevant cultural asset, etc. is located, the period and area for and in which the disclosure is restricted, and other relevant things on the Official Gazette as prescribed by the Enforcement Rule, and notify the head of the competent Gu of the restriction. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(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 the Enforcement 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 29 (Collection of Admission Fees) (1) Where an owner, possessor or managing organization of a designated cultural asset, etc. discloses such cultural asset, etc. he/she or it may collect admission fees from viewers. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) An owner, possessor or managing organization of the relevant cultural asset shall determine the amount of admission fees pursuant to paragraph (1).

Article 30 (Regular Investigation) (1) The Mayor shall regularly investigate the general condition and the actual status of management, repair and inheritance of a designated cultural asset, etc. and other environmental conservation situation. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(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 asset, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(3) Where the Mayor investigates pursuant to paragraphs (1) and (2), he/she shall notify such cultural asset's owner, possessor, custodian or managing 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 asset, etc. under supervision of a managing organization: Provided, That he/she shall obtain consent from the managing organization before sunrise or after sunset. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(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 City 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 the Enforcement 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 assets, etc.: <Amended by Ordinance No. 4753, Mar. 18, 2009>
1. Designation of a designated cultural asset, etc. and the cancellation thereof; <Amended by Ordinance No. 4753, Mar. 18, 2009>
2. Designation of a protected object or protected area of a designated cultural asset, etc. and the cancellation thereof; <Amended by Ordinance No. 4753, Mar. 18, 2009>
3. Recognition of a possessor of an intangible cultural asset and the cancellation thereof;
4. Repair and restoration of a designated cultural asset, etc.; <Amended by Ordinance No. 4753, Mar. 18, 2009>
5. Restrictions on or prohibition of acts for the conservation of a designated cultural asset, etc., or the construction, removal or relocation of facilities therefor; <Amended by Ordinance No. 4753, Mar. 18, 2009>
6. Other matters necessary for the management of a designated cultural asset, etc. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 31 (Ex Officio Investigations) (1) Where the Mayor deems it necessary, he/she may have a public official under his/her jurisdiction investigate the present condition and the actual status of management and repair of a designated cultural asset, etc. and other environmental conservation situation. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where a public official investigates ex officio pursuant to paragraph (1), the provisions of Article 30 (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.



CHAPTER Ⅴ OPERATION OF CULTURAL ASSETS OWNED BY THE CITY Article 32 (Collection of Admission Fees for Cultural Assets Owned by the City) (1) The Mayor may collect admission fees set forth in Table 3 annexed hereto from viewers of a cultural asset and facilities related thereto owned by the City set forth in Table 2 (hereinafter referred to as "cultural asset owned by the City").
(2) Matters necessary for collection of admission fees referred to in paragraph (1) shall be prescribed by the Enforcement Rule.

Article 33 (Exemption from Admission Fees for Cultural Assets Owned by the City) The Mayor shall not collect admission fees from any of the following persons:
1. State guests, foreign delegations and their entourage;
2. Children under the age of 12 and elderly persons over the age of 65;
3. Those who carry a disabled person registration certificate under the Welfare of Disabled Persons Act;
4. Those who have access to the relevant cultural asset to perform their official duties;
5. Persons of distinguished service to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (in the case of a person in Wound Grade Ⅰ, one assistant is added) and their spouses or bearers of a certificate of bereaved family of persons of distinguished service to the State from among the bereaved family members of persons of distinguished service to the State;
6. Other persons the Mayor deems necessary.

Article 34 (Rental Fees for Cultural Assets Owned by the City) (1) The Mayor may impose and collect rental fees set forth in Table 4 on and from persons who intend to use a cultural asset owned by the City for purposes other than for just viewing it: Provided, That where their purposes fall under any of the following, he/she shall not collect rental fees:
1. An event or photo session for discovery, conservation and inheritance of traditional cultural arts hosted or supported by the State or a local government;
2. An event or photo session for publicity of the Government administration, Metropolitan government administration and for the purpose of education on the traditional culture.
(2) Matters necessary for the collection of rental fees referred to in paragraph (1) shall be prescribed by the Enforcement Rule.

Article 35 (Compensation for Damage, etc.) (1) Where a viewer or user of a cultural asset owned by the City destroys or damages facilities, etc., the Mayor shall have him/her indemnify or compensate for damage without delay.
(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 36 (Entrustment of Operation of Cultural Assets Owned by the City) (1) The Mayor may delegate or entrust the management and operation of cultural assets owned by the City to any of the following persons for the efficient management and operation of the cultural assets owned by the City:
1. A corporation, organization or autonomous Gu aiming at the conservation and inheritance of cultural assets or the promotion of cultural arts;
2. A corporation, organization or autonomous Gu which may make cultural assets owned by the City tourism resources or a tourist attraction.
(2) Cultural assets owned by the City 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 Entrustment of Administrative Affairs to Private Sector shall apply mutatis mutandis to procedures for entrustment of the operation of cultural assets owned by the City.



CHAPTER Ⅵ CULTURAL ASSETS COMMITTEE Article 37 (Establishment of Cultural Assets Committee) (1) The Mayor shall establish the Seoul Metropolitan Government Cultural Assets Committee (hereinafter referred to as the "Committee") to investigate and deliberate on the following matters on the conservation, management and utilization of cultural assets. <Amended by Ordinance No. 4753, Mar. 18, 2009>
1. Designation of a designated cultural asset, etc. and the cancellation thereof; <Amended by Ordinance No. 4753, Mar. 18, 2009>
2. Designation of a protected object or protected area of a designated cultural asset, etc. and the cancellation thereof; <Amended by Ordinance No. 4753, Mar. 18, 2009>
3. Recognition of a possessor or honorary possessor of an intangible cultural asset from among the designated cultural assets, and the cancellation thereof;
4. An order to perform an important repair or restoration of a designated cultural asset, etc.; <Amended by Ordinance No. 4753, Mar. 18, 2009>
5. Permission to change the present condition of a designated cultural asset, etc. or to take it out of the City; <Amended by Ordinance No. 4753, Mar. 18, 2009>
6. An order to restrict or prohibit an act for the conservation of surroundings of a designated cultural asset, etc. or construction, removal, or relocation of facilities; <Amended by Ordinance No. 4753, Mar. 18, 2009>
7. Consultation about a registered cultural asset;
8. Professional or technical matters on the conservation, management or utilization of a designated cultural asset, etc. which are deemed important; <Amended by Ordinance No. 4753, Mar. 18, 2009>
9. Other matters the Mayor deems necessary for the management of cultural assets and submits to a conference.
(2) The Committee may form and operate subcommittees by kind of cultural assets to ensure the professionalism of investigation and deliberation.

Article 38 (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 experts in cultural assets with considerable knowledge and of high moral repute.
(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 39 (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.

Article 40 (Expert Members) (1) The Committee may have not more than 50 non-standing expert members. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(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 41 (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.

Article 42 (Reimbursement of Allowances, etc.) The Mayor may reimburse members, expert members or relevant professionals who have participated in an investigation or deliberation of the Committee and a subcommittee for allowances, traveling expenses, etc. within budgetary limits.



CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS Article 43 (Succession to Rights and Duties) (1) Where an owner of a designated cultural asset, etc. (including a protected object, protected area and a provisionally designated cultural asset) has been changed, the new owner shall succeed to rights and duties of the previous owner under this Ordinance or by an order, instruction or any other disposition issued by the Mayor under this Ordinance. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where the Mayor designates a managing organization or cancels such designation pursuant to Article 15, paragraph (1) shall apply mutatis mutandis to the managing organization and the relevant owner: Provided, That this shall not apply to rights and duties exclusively belonging to an owner.

Article 44 (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 a designated cultural asset or provisionally designated cultural asset;
2. A person who is not a possessor or honorary possessor of an intangible cultural asset, but has rendered remarkable distinguished service for the protection and promotion of an intangible cultural asset;
3. A person who is responsible or liable for the management, protection or disclosure of a designated cultural asset or provisionally designated cultural asset 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 a cultural asset;
5. A person who obtains excellent results in an exhibition or contest, etc. related to the conservation of a cultural asset.

Article 45 (Fire Prevention, etc.) (1) The Mayor shall formulate policies necessary for the prevention of fire on designated cultural assets, etc. and installation of fire fighting equipment and shall execute such policies. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) The managing organization of a designated cultural asset shall endeavor to install a fire fighting system, alarm system, fire fighting water system under the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act (hereafter in this Article referred to as "fire fighting system, etc.") in the location or the place of custody of a designated cultural asset, etc. or the relevant designated cultural asset itself in accordance with standards prescribed by the Enforcement Rule, for the prevention and extinguishment of fire on the designated cultural asset it owns or manages. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(3) Where a managing organization installs a fire fighting system, etc. pursuant to paragraph (2), the Mayor may wholly or partially subsidize the expenses incurred therein within budgetary limits. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 46 (Protection of Cultural Assets at Time of Construction Works) (1) Before the Mayor or the head of a Gu (hereafter in this Article referred to as "administrative agency") approves or permits construction works that a person intends to perform in an area outside the outer boundary (where a protected area is designated, referring to the boundary of the protected area) of a cultural asset pursuant to Article 90 (2) of the Act, he/she shall examine, in respect of the following geographical boundaries, whether the performance of the relevant construction works might affect the conservation of the relevant cultural asset:
1. In cases of a State-designated cultural asset, within 100 meters from the boundary of a protected area;
2. In cases of a designated cultural asset, etc., within 50 meters from the boundary of a protected area: Provided, That any designated cultural asset, the area of a general graveyard or stone monuments in a general graveyard and a designated protected area of which is not less than 10,000 square meters, shall be excluded herefrom. <Amended by Ordinance No. 4753, Mar. 18, 2009>
(2) Where an administrative agency intends to approve or permit construction works in an area falling under any subparagraph of paragraph (1), it shall examine the following matters before it approves or permits such construction works:
1. Whether the height of the building to be constructed meets the height standards for buildings around a cultural asset 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 a cultural asset;
3. Whether the construction works damage the landscape and view around a cultural asset;
4. Whether the building is apprehended to cause noise, vibration, etc. that might affect the conservation of a cultural asset 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 a cultural asset;
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 a buried culture asset is paved;
9. Whether the construction works are apprehended to affect the conservation of a cultural asset.
(3) Where any construction works fall under any of the following as a result of an examination pursuant to paragraph (2), the competent administrative agency shall judge whether they fall under subparagraph 3 of Article 34 of the Act in consultation with the Administrator of Cultural Heritage Administration in the case of a State-designated cultural asset, and in consultation with the Mayor in the case of a designated cultural asset, etc.: <Amended by Ordinance No. 4753, Mar. 18, 2009>
1. Where the relevant building is higher than the height standards for buildings around a cultural asset 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 a cultural asset;
3. Where the building site is a parcel of land directly abutting the boundary of a protected area.
(4) Where any construction works are likely to bring about any of the following problems even though the relevant area exceeds a geographical boundary pursuant to paragraph (1), the administrative agency which approves or permits the construction works shall examine whether such construction works might affect the conservation of a cultural asset, and where it is deemed to affect the conservation of such cultural asset, paragraph (3) shall apply mutatis mutandis:
1. A change to a water system or the volume of water, or water pollution;
2. Destruction of the view or history, culture or natural environment.

Article 47 (Protection of Cultural assets in Development Projects) Where the Mayor formulates and executes various development projects, he/she shall endeavor to prevent a designated cultural asset, etc. (including a protected object and protected area) from being damaged. <Amended by Ordinance No. 4753, Mar. 18, 2009>

Article 48 (Support and Fostering of Cultural Asset Protection Groups) Where the Mayor deems it necessary for the protection, conservation, proliferation and exaltation of cultural assets, he/she may support and foster the relevant groups.

Article 49 (Fines for Negligence) (1) Where the Mayor imposes a fine for negligence on a person who fails to report under Article 23, the provisions of Article 115 of the Act shall apply mutatis mutandis.
(2) The Mayor shall impose a fine for negligence equivalent to three times an admission fee or rental fee which should be paid on a person who fails to pay an admission fee pursuant to Article 32 or rental fee pursuant to Article 34 by deceit or other unlawful means.

Article 50 (Imposition and Collection of Fines for Negligence) The Act on the Regulation of Violations of Public Order shall apply where the Mayor imposes or collects a fine for negligence pursuant to Article 49.

Article 51 (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 a designated cultural asset, etc. under subparagraph 2 of Article 20; <Amended by Ordinance No. 4753, Mar. 18, 2009>
3. Administrative orders and measures according to administrative orders necessary for the management and protection of a designated cultural asset, etc. under Article 22; <Amended by Ordinance No. 4753, Mar. 18, 2009>
4. Acceptance of reports in accordance with subparagraphs 1 through 8 of Article 23;
5. Other matters the Mayor determines by the Enforcement Rule.

Article 52 Deleted. <on Mar. 18, 2009>