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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION OF CULTURAL ASSETS

CHAPTER 1 GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary to promote the cultural improvement for 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 terms used in this Ordinance are defined as follows: <Amended by Ordinance No. 7288, Sep. 26, 2019>
1. The term "designated cultural heritage" means a 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") for being recognized as worthy of preservation under Article 70 (1) of the Cultural Heritage Protection Act (hereinafter referred to as the "Act");
2. The term "cultural heritage resources" means "cultural heritage resources of the Seoul Metropolitan Government" designated by the Mayor as he or she deems them to be necessary for the preservation of folk culture pursuant to Article 70 (2) of the Act;
3. The term "registered cultural heritage" means a "registered cultural heritage of the Seoul Metropolitan Government", which is registered by the Mayor for being recognized as in need of measures for protection and utilization under Article 70 (3) of the Act;
4. The term "protection zone" means, in cases 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;
5. The term "protective facility" means any building or facility designated to protect cultural heritage;
6. The term "historic and cultural environment" means the natural landscape or any place of outstanding historic and cultural value near cultural heritage that needs to be protected together with the relevant cultural heritage;
7. The term "construction work" means a civil work, construction work, landscaping work, or any other construction work which involves 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");
8. The term "cultural heritage outside the city" means any cultural heritage taken out of Seoul Metropolitan 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 or 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 or she shall announce it.
(4) Matters necessary for the establishment of an annual implementation plan and the implementation, announcement, etc. thereof shall be prescribed by rule of the Seoul Metropolitan Government.


Article 4 (Support and Fostering of Cultural Heritage Protection Organizations) Where deemed necessary for the protection, preservation, proliferation and exaltation of cultural heritage, the Mayor 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, etc. of cultural heritage.
(2) The Mayor may either directly conduct an investigation or request the owner or custodian of cultural heritage or an organization, etc. related to the investigation and excavation of cultural heritage to present relevant data where necessary for an investigation under paragraph (1).
(3) Where the Mayor intends to conduct an investigation into cultural heritage, he or she shall obtain prior consent of the owner or custodian of the relevant cultural heritage.
(4) Necessary matters regarding detailed procedures, methods, etc. of investigations of cultural heritage shall be prescribed by rule of the Seoul Mertopolitan Government.


Article 6 (Facilitating Informatization of Cultural Heritage) (1) The Mayor shall establish and operate an information system on cultural heritage to efficiently utilize investigated data under Article 5 and other data necessary for preserving and managing 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 of the Seoul Metropolitan Government.


Article 7 (Prevention of Fire, Disasters) (1) The Mayor shall formulate and implement measures necessary for preventing 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 them.
(3) The guidelines shall be regularly examined and supplemented at least once a year, and matters to be included therein for fire preparedness, and the scope of cultural heritage for which guidelines are to be developed shall be prescribed by rule of the Seoul Metropolitan Government.
(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 in the Act on Fire Prevention and Installation,, Maintenance, and Safety Control of Fire-Fighting Systems to prevent and suppress fire on the designated cultural heritage, etc. and shall endeavor to install anti-theft devices in accordance with the following standards to prevent any theft:
1. When installing any anti-theft devices, it shall be ensured that the designated cultural heritage is not damaged and that the device shall harmonize with the scenic view of designated cultural heritage;
2. Anti-theft devices shall be selected considering the convenience, etc. of monitoring, compatibility, and maintenance;
3. The location for installation of the anti-theft devices shall be carefully analyzed so that there is no place where monitoring is not possible;
4. The manager of anti-theft devices shall manage anti-theft devices to ensure smooth operation thereof.
(5) The owner, custodian, and management organization of the following facility or area shall designate the entirety of the relevant facility or area as a non-smoking area or designate a smoking area separately from a non-smoking area, and install sign boards indicating non-smoking area or smoking area:
1. Wooden buildings among designated cultural heritage (excluding residential buildings);
2. Wooden buildings built in a protection zone (excluding residential buildings);
3. Facilities with cultural heritage belonging to movable cultural properties among designated cultural heritage;
4. Areas with trees, grass, flowers, etc. among monuments.
(6) The facility standards of sign boards for non-smoking areas and smoking areas and those of smoking areas under paragraph (5), the installation methods thereof, etc. shall be as specified in attached Table 1.
(7) No one shall smoke in a non-smoking area designated under paragraph (5).
(8) The Mayor may, within the budget, wholly or partially subsidize expenses incurred by a person in installment, maintaining, and management of the following facilities:
1. Fire-fighting systems and disaster-prevention systems, or anti-theft devices under paragraph (4);
2. Installation of sign boards for non-smoking areas and smoking areas and facilities for smoking areas under paragraph (5).



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 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 37 (hereinafter referred to as the "Committee"):
1. Tangible cultural heritage: Cultural heritage deemed necessary for preserving folk culture, among tangible cultural heritage referred to in Article 2 (1) 1 of the Act;
2. Monuments: Monuments deemed necessary for preserving folk culture, among monuments referred to in Article 2 (1) 3 of the Act;
3. Folklore resources: Folklore resources deemed necessary for preserving folk culture, among folklore resources referred to in Article 2 (1) 4 of the Act.


Article 9 (Cultural Heritage Resources) The Mayor may designate, preserve, and manage cultural heritage resources deemed necessary for preserving folk 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 protecting a cultural heritage when the Mayor makes a designation pursuant to Articles 8 and 9, he or she may designate and manage a protective facility 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 an adjustment is necessary due to a change in artificial or natural conditions, etc., he or she may adjust a protective facility 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 facility or protection zone pursuant to paragraph (1) or (2), he or she shall examine the propriety of such designation and adjustment in consideration of the following, before 10 years have passed since the designation or adjustment: Provided, That where he or she is unable to examine the propriety at the time he or she ought to do so due to extenuating circumstances, he or she may extend the time for such examination to the time prescribed in Article 15 of the Decree: <Amended by Ordinance No. 7288, Sep. 26, 2019>
1. The value of preservation of the relevant cultural heritage;
2. The effects of designation of the protective facility or protection zone on the exercise of property rights;
3. Surroundings of the protective facility or protection zone.
(4) Articles 13 through 15 of the Decree shall apply mutatis mutandis to matters regarding the designations, adjustment, examination of the propriety, etc. under paragraphs (1) through (3). <Amended by Ordinance No. 7288, Sep. 26, 2019>


Article 11 (Public Notice and Notification of Designation) (1) Where the Mayor designates a designated cultural heritage or cultural heritage resources (including protective facilities and protection zones; hereafter the same shall apply in this Article) in accordance with Articles 8 through 10, he or she shall publicly notify the purport thereof on the Official Gazette of the Seoul Metropolitan Government (hereinafter referred to as the "Official Gazette") and inform the owner of the relevant cultural heritage of such designation or recognition without delay.
(2) In cases falling under paragraph (1), where the owner of the relevant cultural heritage does not exist or is unclear, the Mayor shall inform its possessor or custodian of such designation.


Article 12 (Issuance of Certificate of Designation) Where the Mayor designates any tangible cultural heritage, monument, folklore resource, or cultural heritage resource pursuant to Article 8 or 9, he or 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.


Article 13 (Effective Date of Designation) Designation under Articles 8 through 10 shall take effect with regard to the owner, possessor or custodian of the relevant cultural heritage on the date he or she is notified of such designation, and take effect with regard to others on the date such designation is published on the Official Gazette.


Article 14 (Revocation of Designation) (1) Where any cultural heritage designated under Article 8 or 9 loses its value as designated cultural heritage or where there are other special reasons, the Mayor may revoke 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 revoked on the date of its designation as State-designated cultural heritage.
(2) Where designation of any protective facility or protection zone is found inappropriate as a result of the examination conducted pursuant to Article 10 (3) or where there is any other special reason, the Mayor shall revoke the designation of such protective facility or protection zone or adjust the scope thereof: Provided, That where designation of designated cultural heritage, etc. is revoked, he or she shall revoke designation of the relevant cultural heritage as a protective facility or protection zone.
(3) Articles 11 and 13 shall apply mutatis mutandis to cases falling under paragraph (1) or (2).
(4) Where the owner of any tangible cultural heritage, monument, folklore resource, or cultural heritage resource receives a notice of revocation pursuant to paragraph (3) or Article 11, he or she shall return the certificate of designation of the relevant cultural heritage to the Mayor within 30 days from the date he or she receives such notice.


Article 15 (Provisional Designation) (1) Where any cultural heritage deemed worthy of designation under Article 8 is in urgent need of designation before it is designated but where there is insufficient time to undergo deliberation thereon by the Committee, the Mayor may provisionally designate it as designated cultural heritage.
(2) A provisional designation under paragraph (1) shall take effect on the date the Mayor informs the owner, possessor, or custodian of the provisionally designated cultural heritage (hereinafter referred to as "provisionally designated cultural heritage").
(3) The provisional designation under paragraph (1) shall be deemed revoked where the designation under Article 8 is not granted within six months from the date of the provisional designation.
(4) Articles 11 and 12 shall apply mutatis mutandis with regard to paragraph (1), and no public notice on the Official Gazette under Article 11 (1) shall be made.


Article 16 (Designation of Historic and Cultural Environment Preservation Districts) Where the Mayor intends to designate an area as a historic and cultural environment protection district pursuant to Article 31 (2) 5 (a) of the Enforcement Decree of the National Land Planning and Utilization Act, he or she shall refer the issue to the Committee for deliberation. <Amended by Ordinance No. 6916, Oct. 4, 2018>



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 or her behalf, as occasion demands.


Article 18 (Management by Management Organizations) (1) Where the identity of the owner of any designated cultural heritage, etc. is unknown or where it is deemed difficult or inappropriate for its 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 Seoul Government-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.
(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 or her opinion for consideration and seek the opinion of the management organization, etc. which he or she intends to designate.
(3) Where the Mayor designates a management organization pursuant to paragraph (1), he or she shall publicly notify the purport thereof without delay on the Official Gazette and inform 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 good cause.
(5) Expenses incurred by a management organization in managing 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.
(6) Article 13 shall apply mutatis mutandis with regard to paragraph (1).


Article 19 (Protection of Historic and Cultural Environment Preservation Areas) (1) The scope of a historic and cultural environment preservation area under Article 13 of the Act shall be as follows:
1. In cases of State-designated cultural heritage, within 100 meters from an outer boundary of the relevant cultural heritage (where a protection zone is designated, referring to an outer boundary of the relevant protection zone; hereinafter the same shall apply);
2. In cases of designated cultural heritage, etc., within 50 meters from an outer boundary of the relevant cultural heritage (where a protection zone is designated, referring to an outer boundary of the relevant protection zone; hereinafter the same shall apply): Provided, That any movable cultural heritage designated by the Mayor among the designated heritage, etc., a general graveyard or stone monuments in a general graveyard, and any designated cultural heritage, the area designated as a 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 where the protection zone is designated) of State-designated cultural heritage or designated cultural heritage, etc. and within a historic and cultural environment preservation area 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, before granting authorization, permission, etc. for the construction work, examine whether such construction work is likely to affect the preservation of designated cultural heritage, etc. In such cases, the relevant administrative agency shall consult the relevant experts as prescribed in Article 13 of the Act.
(3) An administrative agency shall examine the following matters before it grants authorization, permission, etc. for any construction work 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 attached Table 2;
2. Whether the purpose, scale, height, shape, material, color, etc. of the building or structure to be constructed is in harmony with the cultural heritage;
3. Whether the construction work damages the landscape and view around the cultural heritage;
4. Whether the building is likely to cause noise, vibration, etc. that might affect the preservation of the cultural heritage or to discharge sewage, waste water or emit noxious gases, chemical substances, dust or heat during construction or during use after completion;
5. Whether the construction work requires any excavation work to the depth of not less than 50 meters below the ground that might affect the preservation 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 work destroys the view from the sky, history, culture, natural environment, etc.;
8. Whether any buried cultural heritage remains;
9. Whether the construction work is likely to affect the preservation of the cultural heritage in any other way.
(4) Where any construction work falls under any of the following as a result of an examination conducted pursuant to paragraphs (2) and (3), the competent administrative agency shall determine 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 a designated cultural heritage, etc.:
1. Where the relevant building is higher than the height standards for buildings around the cultural heritage referred to in attached Table 2;
2. Where the results of an examination under paragraph (3) 2 through 9 indicate that the construction work is highly likely to affect the preservation of the cultural heritage;
3. Where the building site is a parcel of land directly abutting the boundary of the cultural heritage (or protection zone, where a protection zone is designated) and falls under any subparagraph of paragraph (1) (Provided, That where the building extends over the inside and outside the scope of a zone referred to in any subparagraph of paragraph (1), the case shall be consulted on with the Administrator of the Cultural Heritage Administration or the Mayor).
(5) Where any construction work could certainly be deemed to affect any cultural heritage due to the characteristics, location, etc. even though the construction work conducted exceeds the scope of the area prescribed in paragraph (1), the administrative agency which authorizes or permits the construction work shall examine whether such construction work might affect the preservation of the cultural heritage, and where it is deemed to affect the preservation of such cultural heritage, paragraph (4) shall apply mutatis mutandis.


Article 20 (Matters Subject to Permission) A 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 of the Seoul Government. The same shall also apply where he or 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 rubbed copy, a photoprint, or a photograph of a designated cultural heritage, etc. in a manner that could affect the preservation thereof;
3. Changing (including sampling or stuffing animals or plants) the present condition of a designated cultural heritage, etc. (including a protective facility, protection zone, and a dead monument) or any activity likely to affect the preservation thereof, which is prescribed by the Mayor by rule of the Seoul Government: Provided, That insignificant activities prescribed by rule of the Seoul Government shall be excluded herefrom.


Article 21 (Requirements for Permission) Upon receiving an application for permission under Article 20, the Mayor shall grant permission only where an act subject to the application for permission meets the following requirements:
1. Such act shall not affect the preservation and management of cultural heritage;
2. Such act shall not damage a historic or cultural environment of cultural heritage;
3. Such act shall comply with the master plan for cultural heritage and the annual implementation plan referred to in 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 or she violates permitted matters or conditions for permission;
2. Where he or she obtains permission by fraud or other improper means;
3. Where he or she is unable to implement permitted matters, or the implementation of permitted matters 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 of Animals Designated as Natural Monument) (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 medical treatment of wild animals as an animal clinic 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 hospital established by a person who has obtained a veterinarian 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 license in accordance with the Veterinarians Act;
3. A management organization or animal protection group which has as its member a person who has obtained a veterinarian license in accordance with the Veterinarians Act.
(2) The head of a Gu or the head of a management organization who intends to recommend an animal clinic pursuant to paragraph (1) shall submit a written recommendation for designation of an animal clinic for natural monuments in attached Form 1 to the Mayor along with the following documents:
1. A copy of a veterinarian license;
2. A copy of a certificate of report on the opening of a veterinary hospital (limited to cases referred to in paragraph (1) 1).
(3) Where the Mayor designates an institution recommended pursuant to paragraph (2) as an animal clinic, he or she shall issue a certificate of designation as an animal clinic for natural monuments in attached Form 2; state matters concerning it in a ledger of issuance of certificates of designation as an animal clinic for natural monuments in attached Form 3; and administer the ledger of issuance.
(4) Where an animal clinic designated pursuant to paragraph (3) intends to have its certificate of designation as an animal clinic for natural monuments reissued due to any of the following causes, it shall submit an application for re-issuance in attached Form 4 to the Mayor along with documents according to the following classification:
1. Where it loses a certificate of designation as an animal clinic: A statement of reasons therefor;
2. Where a certificate of designation as an animal clinic becomes defaced: The relevant certificate of designation;
3. Where it ought to change any matter stated in a certificate of designation as an animal clinic: The relevant certificate of designation and evidentiary documents.
(5) Where an animal clinic falls under any of the following cases, the Mayor may revoke the designation thereof:
1. Where it has been designated by fraud or other improper means;
2. Where it fails to meet designation requirements prescribed in Article 38 (2) of the Act;
3. Where it kills or disables an animal during medical treatment, intentionally or by gross negligence;
4. Where it fails to report the result of medical treatment under Article 38 (3) of the Act or makes a false report;
5. Where it falsely claims reimbursement of expenses for medical treatment of an animal under Article 38 (4) of the Act;
6. Where it violates an order of the Mayor issued pursuant to Article 42 (1) of the Act.
(6) Where the Mayor designates an animal clinic pursuant to paragraph (1) or revokes designation pursuant to paragraph (5), he or she shall report such fact to the Administrator of the Cultural Heritage Administration.


Article 24 (Matters to Be Reported) Each owner, 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 such fact and details thereof to the Mayor: Provided, That in cases falling under subparagraph 1, the owner and custodian shall report such fact and details thereof, and in cases falling under subparagraph 2, new and old owners shall report such fact and details thereof, under the joint signature, respectively:
1. Where a custodian is appointed or dismissed;
2. Where the owner of a designated cultural heritage, etc. is replaced;
3. Where there is any change in the name or address of an owner 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 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 or she takes out the cultural heritage permitted pursuant to subparagraph 1 of Article 20 and then brings it back into the administrative district;
8. Where he or she changes the present condition of cultural heritage with permission (including permission for change) pursuant to subparagraph 3 of Article 20, or commences or completes other acts;
9. Where he or she takes designated cultural heritage, etc. out of an administrative district under the jurisdiction of the Seoul Government or brings it into the administrative district again.


Article 25 (Administrative Orders and Measures) (1) The Mayor may order any of the following if he or she deems it necessary for managing and protecting any 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 of the owner, custodian or management organization of the designated cultural heritage, etc., where the management condition of the cultural heritage, etc. is inappropriate for the preservation of the relevant cultural heritage or where such prohibition or restriction is deemed especially necessary;
2. Repair of the designated cultural heritage, etc., installation of other necessary facilities or removal of obstacles by its owner, custodian, or management organization;
3. An emergency measure necessary for preserving the designated cultural heritage, etc. by its owner, custodian, or management organization;
4. Suspension of any act, etc. that alters the current state of the designated cultural heritage, etc. or any act which may affect the preservation of the designated cultural heritage, both of which are conducted by a person without permission under the subparagraphs of Article 20, or measures for the reinstatement thereof;
5. Accusation against a person who violates subparagraph 1 or 3 of Article 20.
(2) Where the owner or custodian of any designated cultural heritage, etc. fails to comply with an order issued pursuant to paragraph (1) or where it is deemed inappropriate to order the owner or custodian to take measures referred to in the subparagraphs of paragraph (1), the Mayor may directly take measures referred to in the subparagraphs of paragraph (1) at the expense of the Seoul Government.


Article 26 (Preparation and Preservation of Records) (1) The Mayor, the head of each Gu and the head of each management organization shall prepare and preserve records concerning the preservation, management, and details of changes of designated cultural heritage, etc.
(2) Where deemed necessary for preserving and managing designated cultural heritage, etc., the Mayor may authorize a person or research institute that has expertise in cultural heritage to keep records of State-designated cultural heritage.


Article 27 (Regular Investigation) (1) The Mayor shall regularly investigate the current state, management, and repair of designated cultural heritage, etc. and other conditions of environmental preservation thereof.
(2) Where the Mayor deems it necessary to conduct a further investigation after a regular investigation under paragraph (1), he or she may require public officials under his or her control to reinvestigate the relevant designated cultural heritage.
(3) When an investigation is to be conducted pursuant to paragraph (1) or (2), the purport thereof shall be notified in advance to the owner, custodian, or management organization of the relevant cultural heritage: Provided, That a post-notice may be given in urgent cases.
(4) A public official who conducts an investigation pursuant to paragraphs (1) and (2) may conduct a survey, excavate the ground, remove an obstacle, and conduct other acts necessary for investigation within the extent that he or she does not damage the current state of the designated cultural heritage, etc. for its management organization: Provided, That he or she shall obtain consent from the management organization if he or she intends to conduct such acts before sunrise or after sunset.
(5) A public official who conducts an investigation pursuant to paragraph (4) shall carry a certificate indicating his or her authority and present it to relevant persons.
(6) The Mayor may fully or partially delegate regular investigations and re-investigations under paragraphs (1) and (2) to the head of a Gu, or entrust such investigations to a specialized institution or organization, as prescribed by rule of the Seoul Government.
(7) The Mayor shall reflect the results of regular investigations and re-investigations conducted pursuant to paragraphs (1) and (2) in the management of designated cultural heritage, etc. as stipulated in the following:
1. Designation of cultural heritage, etc. and revocation thereof;
2. Designation of protective facilities or protection zones of designated cultural heritage, etc. and revocation thereof;
3. Repair and reinstatement of designated cultural heritage, etc.;
4. Restriction and prohibition of any act for the preservation of designated cultural heritage, etc. or installation, removal, or relocation of facilities;
5. Other matters necessary for the management of designated cultural heritage, etc.
(8) The Seoul Government shall be liable for the loss incurred by a person subject to an investigation under paragraph (4). <Newly Inserted by Ordinance No. 7288, Sep. 26, 2019>


Article 28 (Ex Officio Investigations) (1) Where deemed necessary, the Mayor may require public officials under his or her control to investigate the current state, management, and repair of designated cultural heritage, etc. and other conditions of environmental preservation.
(2) Where an ex officio investigation is conducted pursuant to paragraph (1), Article 27 (3) through (6) shall apply mutatis mutandis respectively to a notice of investigation, the extent of a request for cooperation in investigations, the scope of acts necessary for investigations, the duty to carry and present a certificate for investigations, and other relevant matters.


Article 29 (Subsidies) (1) The Mayor may fully or partially subsidize the following expenses:
1. Expenses incurred in managing designated cultural heritage, etc. by a management organization under Article 18 (1);
2. Expenses incurred in taking measures pursuant to subparagraphs of Article 25 (1);
3. Expenses incurred in managing, protecting, or repairing designated cultural heritage or in preparing records thereon, in addition to cases of subparagraphs 1 and 2;
4. Expenses incurred in preparing and preserving records pursuant to Article 26.
(2) The Mayor may supervise the repair of relevant designated cultural heritage, etc. or any other works where he or she grants subsidies pursuant to paragraph (1).


Article 30 (Bearing of Expenses) The Mayor may bear or subsidize expenses incurred in managing, protecting, repairing, etc. State-designated cultural heritage which is located in the jurisdiction of the Seoul Government but is not owned or managed by the Seoul Government.


Article 31 (Application Mutatis Mutandis) Articles 20, 25 (1) 1 and 3, and subparagraphs 2 through 4 and 6 through 8 of Article 24 shall apply mutatis mutandis to the management and protection of provisionally designated cultural heritage.



CHAPTER VI PUBLIC DISCLOSURE OF CULTURAL HERITAGE AND ADMISSION FEES Article 32 (Public Disclosure of State-designated Cultural Heritage) (1) Designated cultural heritage, etc. shall be publicly disclosed unless any extenuating circumstance exists, except where public disclosure of cultural heritage is restricted pursuant to paragraph (2).
(2) Where necessary to preserve designated cultural heritage, etc. and to prevent its damage, the Mayor may fully or partially restrict the disclosure of the relevant cultural heritage.
(3) Where the Mayor restricts the disclosure of any designated cultural heritage, etc. pursuant to paragraph (2), he or she shall publicly notify the location of the area where the relevant cultural heritage etc. is situated, the period during which the disclosure is restricted, the area subject the restriction, and other relevant matters on the Official Gazette as prescribed by rule of the Seoul Government, and inform the head of the competent Gu thereof.
(4) Where the reason for restriction on disclosure under paragraph (2) ceases to exist, the Mayor shall lift the restrictive measure without delay. In such cases, the Mayor shall publicly notify the same on the Official Gazette and inform the head of the competent Gu as prescribed by rule of the Seoul Government.
(5) A person who intends to enter an area the disclosure of which is restricted pursuant to paragraphs (2) and (3) shall obtain permission from the Mayor by specifying the reason therefor.


Article 33 (Collection of Admission Fees) (1) The owner or management organization of any designated cultural heritage, etc. that discloses such cultural heritage to the public may collect admission fees from visitors.
(2) Admission fees under paragraph (1) shall be determined by the owner or management organization of the relevant cultural heritage.



CHAPTER VII OPERATION OF CULTURAL HERITAGE OWNED BY SEOUL GOVERNMENT Article 34 (Permission for Use of Cultural Heritage Owned by Seoul Government and Usage Fees) (1) A person who intends to use any cultural heritage owned by the Seoul Government for any purpose other than viewing, such as photography shooting and use of the place, shall obtain permission from the Mayor.
(2) When the Mayor receives an application for permission for shooting pursuant to paragraph (1), he or she shall permit such application 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 using a place pursuant to paragraph (1), he or she shall permit such application only when the application is intended for holding any of the following events and it will not disrupt the preservation and management of the relevant cultural heritage or hamper its historicity: <Amended by Ordinance No. 7423, Dec. 31, 2019>
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 interest.
(4) A person who obtains permission for shooting and using a place pursuant to paragraph (1) shall pay a usage fee.
(5) Matters necessary for granting permission for shooting and using a place, and the amount of a usage fee shall be prescribed by rule of the Seoul Government taking the types and hours of use of facilities into consideration.


Article 35 (Compensation for Damage) (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 or her indemnify or compensate for damage without delay.
(2) The amount of compensation for damage or indemnity under paragraph (1) shall be the actual expenses incurred on the basis of the market price.


Article 36 (Entrustment of Operation of Cultural Heritages 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 whose goal is to preserve and inherit cultural heritage or promote cultural arts;
2. A corporation, organization, or autonomous Gu which has the capability to turn cultural heritage owned by the Seoul Government into tourism resources or a tourist attraction.
(2) The Seoul Metropolitan Government Ordinance on 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 37 (Establishment of Cultural Heritage Committee) (1) The Seoul Government Cultural Heritage Committee shall be established to investigate and deliberate on the following matters on the preservation, management, and utilization of cultural heritage:
1. Designation of designated cultural heritage, etc. and revocation thereof;
2. Designation of a protective facility or protection zone of designated cultural heritage, etc. and revocation thereof;
3. An order to perform a major repair or restoration of designated cultural heritage, etc.;
4. Permission to change the current condition of designated cultural heritage, etc. or to take it out of Seoul Metropolitan City;
5. An order to restrict or prohibit an act for preservation of environment of designated cultural heritage, etc. or installation, removal, relocation, etc. of facilities;
6. Consultation about registered cultural heritage;
7. Professional or technical matters on the preservation, management, or utilization of designated cultural heritage, etc. which are deemed important;
8. An order issued under Article 9 (1) of the Act on Protection and Inspection of Buried Cultural Heritage and Article 32 (1) 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;
9. Matters concerning new installment and maintenance of stone posts;
10. Other matters that the Mayor deems necessary for the management of cultural heritage and submits to a meeting.
(2) Subcommittees may be established and operated according to the kind of cultural property under the Committee to ensure professionalism in 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 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 they are likely to infringe on property gains or the confidentiality or freedom of privacy, if any name, resident registration number, or any other personal information of a member, expert member, etc. are disclosed;
2. Where they are deemed likely to affect the fair investigation and deliberation if the relevant information is disclosed, as the investigation of and deliberation on matters referred to in the subparagraphs of paragraph (1) are in progress;
3. Other cases where disclosure is deemed likely to significantly hamper the fairness of the deliberation of the Committee.


Article 38 (Composition of Committee) (1) The Committee shall be comprised of not more than 40 members.
(2) The chairperson and the vice chairperson shall be respectively elected by and from among the members of the Committee.
(3) Members shall be commissioned by the Mayor from among any of the following persons taking their gender into consideration:
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 10 years;
3. An expert having extensive knowledge of and experience in cultural heritage as a person who has been engaged in the fields of anthropology, sociology, architecture, urban planning, tourism, environment, law, religion, or the press for at least 10 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 remainder of his or her predecessor.


Article 39 (Duties of Chairperson) (1) The chairperson shall exercise overall control over the affairs of the Committee and represent the Committee.
(2) The vice chairperson shall assist the chairperson and perform duties of the chairperson on his or her behalf where the chairperson has an accident.
(3) If any extenuating circumstances occur, both to the chairperson and the vice chairperson, a member in the order of seniority shall act on behalf of the chairperson.


Article 40 (Expert Members) (1) The Committee may have 40 non-standing expert members or less.
(2) Expert members shall be commissioned by the Mayor from among persons who have extensive knowledge of 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 may attend and speak at a subcommittee meeting.
(4) The term of office of a commissioned expert member shall be two years: Provided, That the term of office of an expert member filling a vacancy shall be the remainder of his of her predecessor's.


Article 41 (Dismissal) Where a member or an expert member falls under any of the following cases, the Mayor may dismiss him or her from the office:
1. Where he or she becomes incapable of carrying out his or her duties for an extended period of time due to a disease, breakdown of mind and body, living abroad, etc. or fails to attend meetings of the Commission for a long period of time;
2. Where he or she has become the representative or a full-time executive officer 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 non-profit-making juristic person incorporated under Article 32 of the Civil Act for the purpose of excavating buried cultural heritage;
3. Where he or she wrongfully exercises his or her influence or accepts an unjust solicitation in connection with his or her duties.


Article 42 (Meetings) (1) The chairperson shall convene and preside over meetings of the Committee.
(2) A majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
(3) The Committee may, where necessary, have an expert member or relevant professional, etc. attend a meeting of the Committee and seek his or her opinion.
(4) Paragraphs (1) through (3) shall apply mutatis mutandis to subcommittees.


Article 43 (Payment of Allowance) Allowances, travel expenses, etc. may be paid within the budget to the members, expert members, relevant professionals, etc. who have participated in an investigation or deliberation of the Committee or a subcommittee.



CHAPTER IX PROTECTION AND INVESTIGATION OF BURIED CULTURAL HERITAGE Article 44 (Protection of Buried Cultural Heritage by Persons Planning or Implementing Development Projects) (1) A person who intends to plan and implement a development project, such as the Mayor and the head of a Gu, shall make sure not to damage buried cultural heritage.
(2) If the implementer of a development project referred to in paragraph (1) finds any buried cultural heritage while implementing a construction work, he or she shall immediately cease the relevant construction work.


Article 45 (Ground Surface Inspection for Buried 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 advance in order to check whether cultural heritage is buried and distributed in the relevant construction area.
(2) Construction works under Article 4 (1) 4 (c) of the Enforcement Decree of the Act on Protection and Inspection of Buried Cultural Heritage means a construction work implemented at the Fortress Wall of Seoul shown in attached Form 5 (including the inside thereof and sections undesignated as historic sites) and in an area within 100 meters outside the protection zone of the Fortress Wall of Seoul.


Article 46 (Order to Take Measures for Preservation of Cultural Heritage Following Ground Surface Inspection) (1) The Mayor shall order the implementer of construction works who falls under Article 45 (2) to take measures necessary for preserving cultural heritage under Article 9 (1) of the Act on Protection and Inspection of Buried Cultural Heritage and Article 32 (1) of the Enforcement Decree of the same Act, and shall notify such fact to the head of authorizing or permitting agency of the relevant construction works.
(2) The implementer of construction works in receipt of a notification under paragraph (1) shall take measures necessary for preserving cultural heritage in compliance with Article 10 of the Act on Protection and Inspection of Buried Cultural Heritage, and report the result thereof to the Mayor and the head of authorizing or permitting agency of the relevant construction works.
(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 the details and procedures of measures to be taken pursuant to paragraphs (1) and (2), and other necessary matters shall be prescribed by rule of the Seoul Government.


Article 47 (Records, Preparation of Buried Cultural Heritage) The Mayor shall prepare and preserve records on buried cultural heritage that is confirmed, and shall devise appropriate measures for protecting the area in which it is contained.


Article 48 (Public Announcement of Buried Cultural Heritage) Where any cultural heritage is discovered or excavated through a ground surface inspection or excavation inspection prescribed in Articles 22 of the Act on Protection and Inspection of Buried Cultural Heritage, the Mayor shall publicly announce such fact on the website, etc. of the Seoul Government for 14 days.



CHAPTER X REPAIR OF CULTURAL HERITAGE Article 49 (Basic Principles of Repair of Cultural Heritage) The repair, on-site survey and design, or supervision of cultural heritage (hereinafter referred to as "repair, etc. of cultural heritage") shall employ methods and technologies most appropriate for preserving the original form of cultural heritage, and no designated cultural heritage and surrounding landscape shall be damaged due to the repair, etc. of cultural heritage.


Article 50 (Establishment of Implementation Plans for Repair 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 for establishing a detailed implementation plan, the Mayor may request the head of a Gu to submit data concerning the repair, etc. of cultural heritage in his or her jurisdictional area.


Article 51 (Registration of Cultural Heritage Repair Business Entity) (1) A person who intends to operate cultural heritage repair business, on-site cultural heritage survey and design business or cultural heritage supervision business (hereinafter referred to as "cultural heritage repair business, etc.") with his or 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 technical capabilities, capital (referring to the appraised value of assets in case of an individual; hereinafter the same shall apply), and facilities, 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. among registered matters are altered, a person who is registered for cultural heritage repair business, etc. pursuant to paragraph (1) shall make a report on alteration to the Mayor with whom registration was filed pursuant to paragraph (1) within 30 days from the date of the alteration.
(3) Where a person who is registered for cultural heritage repair business, etc. pursuant to paragraph (1) closes his or her business, he or she shall make a report to the Mayor. In such cases, the Mayor in receipt of a report on business closure shall cancel the registration.
(4) When the Mayor receives registration, a report on alteration or a report on business closure of cultural heritage repair business, etc. pursuant to paragraphs (1) through (3), he or she shall notify the Administrator of the Cultural Heritage Administration of such fact.
(5) Upon registration of a cultural heritage repair business, etc. under paragraph (1), the Mayor 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) Matters necessary for the procedures for registering cultural heritage repair business, etc. and for filing a report on alteration, matters necessary for issuing and re-issuing a certificate of registration and registration booklet, and other relevant matters shall be governed by the provisions of Articles 6 and 8 through 10 of the Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc.


Article 52 (Transfer of Cultural Heritage Repair Business) (1) In any of the following cases, a cultural heritage repair business entity shall file a report with 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 pursuant to 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 publicly announce such fact for at least 30 days, 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 filing a report pursuant to paragraph (1).


Article 53 (Inheritance of Cultural Heritage Repair Business) (1) Where a cultural heritage repair business entity deceases, its 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 such inheritance to the Mayor as prescribed in Article 13 of the Enforcement Rule of the Act on Cultural Heritage Maintenance, Etc.


Article 54 (Principles in Awarding Contract for Repair 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, at his or her principal place of business, a book of contracts for the repair of cultural heritage, book of contracts for on-site survey and design or book of contracts for supervision, stating the details of the repair, etc. of cultural heritage, as prescribed in Article 14 of the Enforcement Rule of the Act on Cultural Heritage Maintenance, Etc.


Article 55 (Preparation of Reports on Repair of Cultural Heritage) (1) When a cultural heritage repair business entity completes the contracted repair of cultural heritage, he or 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 receipt of such report.


Article 56 (Inspection of Sites of Repair of Cultural Heritage) (1) To prevent substandard repair of cultural heritage, the Mayor may inspect the site of repair of cultural heritage; and, where any relevant statutes or regulations have been violated or the repair, etc. of cultural heritage have been performed differently from design drawings as a result of inspection, he or 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 supervisor, or make a request for issuance of a disposition of suspension of business, etc.
(2) To ensure that cultural heritage is restored to 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 57 (Examination of Current State of Repair of Cultural Heritage) (1) Where the Mayor deems it necessary to determine as to whether a cultural heritage repair business entity, etc. conforms to the standards for registration, whether subcontracting is appropriate, etc., he or she may have the cultural heritage repair business entity, etc. report on the current state of duties and repair, etc. of cultural heritage or order said entity, etc. to submit data, and have public officials under his or her control inspect the actual status 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 or her authority and present it to relevant persons.
(3) If necessary, the Mayor may request persons related to the repair, etc. of cultural heritage, such as a person placing a contract order of repair, etc. of cultural heritage and a cultural heritage supervisor, to submit data on the repair, etc. of cultural heritage.


Article 58 (Corrective Orders) 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 or her to take corrective measures fixing a period or give other necessary instructions.


Article 59 (Fees) Any of the following persons shall pay fees 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 60 (Evaluation 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 publish 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 placed 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 term of validity.
(3) Where an excellent business entity prescribed in paragraph (2) receives a disposition of revocation of registration, etc. issued under Article 49 of the Act on Cultural Heritage Maintenance, Etc. during the period of designation, the Mayor may grant him or her reduction or exemption.
(4) If deemed necessary for the evaluation under paragraph (1), the Mayor may directly inspect the sites, 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 under paragraphs (1) through (4), shall be prescribed by rule of the Seoul Government.


Article 61 (Administrative Fines for Violation of Duties) (1) If a person falls under any subparagraph of Article 62 (1) of the Act on Cultural Heritage Maintenance, Etc., the Mayor shall impose and collect an administrative fine not exceeding 2.5 million won pursuant to the standards for imposition thereof prescribed in Article 31 of the Enforcement Decree of the same Act.
(2) The Mayor may increase or decrease an administrative fine referred to in paragraph (1) by up to 1/2 of the amount of the administrative fine, considering the gravity, frequency, motive, effect, etc. of such violation.



CHAPTER XI REGISTERED CULTURAL HERITAGE Article 62 (Registering Registered Cultural Heritages) (1) The Mayor may register a tangible cultural heritage, monument (excluding those falling under falling under Article 2 (1) 3 (b) and (c) of the Act), and folklore resource in need of measures for preservation and utilization as a registered cultural heritage, subject to deliberation by the Committee, insofar as it is neither a State-designated cultural heritage, nor designated cultural heritage, nor State-registered cultural heritage.
[This Article Newly Inserted by Ordinance No. 7288, Sep. 26, 2019]
[Previous Article 62 moved to Article 68 <by Ordinance No. 7288, Sep. 26, 2019>]


Article 63 (Managing Registered Cultural Heritages) (1) An owner or custodian of a registered cultural heritage, or any other person who manages a registered cultural heritage shall endeavor to keep the registered cultural heritage intact.
(2) If the owner of a registered cultural heritage is uncertain or if the owner or custodian of a registered cultural heritage is unable to manage the cultural heritage, the Mayor may designate an appropriate corporation and organization as a person to manage it.
(3) The owner or custodian of a registered cultural heritage or a person designated under paragraph (2) (hereinafter referred to as "organization managing a registered cultural heritage") may request the Mayor to provide technical guidance in relation to managing and repairing the registered cultural heritage, as prescribed by rule of the Seoul Government.
[This Article Newly Inserted by Ordinance No. 7288, Sep. 26, 2019]
[Previous Article 63 moved to Article 69 <by Ordinance No. 7288, Sep. 26, 2019>]


Article 64 (Matters to be Reported regarding Registered Cultural Heritages) If any of the following occurs in regard of a registered cultural heritage, the owner or custodian of a registered cultural heritage or an organization managing a registered cultural heritage shall report to the Mayor the occurrence and events leading thereto, as prescribed by rule of the Seoul Government: Provided, That the owner and the custodian in the case falling under subparagraph 1 and the previous and new owners in the case falling under subparagraph 2 shall jointly sign the report:
1. Where its custodian is appointed or dismissed;
2. Where its owner changes;
3. Where the address of its owner or custodian changes;
4. Where there is a change in the name of place, lot number, land category, area, or the like of its location;
5. Where its storing place changes;
6. Where all or part of it is destroyed, lost, stolen, or damaged;
7. Where any act of changing the present conditions of the cultural heritage is commenced or completed with permission (including permission for alteration) under Article 65 (2);
8. Where he or she takes out or brings in the cultural heritage under the proviso of Article 39 (1) of the Act which is applied mutantis mutandis under Article 74 (1) of the Act.
[This Article Newly Inserted by Ordinance No. 7288, Sep. 26, 2019]
[Previous Article 64 moved to Article 70 <by Ordinance No. 7288, Sep. 26, 2019>]


Article 65 (Changing Present Condition of Registered Cultural Heritages) (1) A person intending to do any of the following acts regarding a registered cultural heritage shall file a report with the head of the competent Gu at least 30 days before the date of the intended change:
1. Where he or she intends do any of the following activities, thereby changing the exterior of the relevant cultural heritage (excluding cultural heritage constituting movable property: Provided, That this shall not apply to temporary measures to prevent damage or stop the spread of damage to a registered cultural heritage:
(a) Where the cultural property is a building, an act of changing the design, color, material property, materials, or the like by at least 1/4 of the exterior area (including the roof);
(b) Where the cultural property is a facility other than a building, an act of changing the design, color, material property, materials, or the like by at least 1/4 of the area falling under any of subitems (i) through (iii):
(i) The exterior area in the case of a structure such as a bridge or lighthouse;
(ii) The surface area of the interior in the case of a facility whose exterior is not exposed to the outside, such as a tunnel and cave;
(iii) In other cases, the area registered when registering the registered cultural heritage under Article 62;
2. An act of relocating or dismantling the cultural property (excluding cultural heritage constituting movable property);
3. An act of repairing, or conducting conservation treatment for, a cultural property constituting movable property.
(2) Notwithstanding paragraph (1), a person intending to change the present condition of a registered cultural heritage falling under any of the following subparagraphs shall obtain permission from the Mayor, as prescribed by rule of the Seoul Government: Provided, That this shall apply to any change of permitted matters:
1. A registered cultural heritage subject to the special cases concerning the building-to-land ratio or floor area ratio of a building under Article 57 of the Act which is applied mutatis mutantis under Article 74 (3) of the Act;
2. A registered cultural heritage for which the Seoul Government has granted a local subsidy;
3. A registered cultural heritage whose owner is the State or a local government.
(3) Upon receiving a report under paragraph (1), the head of Gu shall report the fact to the Mayor.
(4) If necessary to protect a registered cultural heritage, the Mayor may provide guidance, advice, recommendations, and the like regarding changes in the present condition of the registered cultural heritage for which a report has been filed under paragraph (1).
[This Article Newly Inserted by Ordinance No. 7288, Sep. 26, 2019]
[Previous Article 65 moved to Article 71 <by Ordinance No. 7288, Sep. 26, 2019>]


Article 66 (Cancellation of Registration) (1) The Mayor may cancel the registration of a registered cultural heritage subject to deliberation by the Committee, if the registered cultural heritage no longer needs to be preserved or utilized or if there is any other special reason.
(2) If a registered cultural heritage is designated as a State-designated cultural heritage, State-registered cultural heritage, designated cultural heritage, or the like, its registration shall become null and void.
(3) The owner of a registered cultural heritage in receipt of a notice on the cancellation of registration shall return to the Mayor the registration certificate of the cultural heritage not later than 30 days from the date of notice.
[This Article Newly Inserted by Ordinance No. 7288, Sep. 26, 2019]
[Previous Article 66 moved to Article 72 <by Ordinance No. 7288, Sep. 26, 2019>]


Article 67 (Application Mutantis Mutandis) (1) Articles 11 through 13 shall apply mutatis mutandis to the time when a public notice or notice on the registration or cancellation of registration of a registered cultural heritage, and the issuance, registration, or the cancellation of registration, of a registration certificate becomes effective. In such cases, "designated cultural heritage, cultural heritage resources" shall be construed as "registered cultural heritage", "designation" as "registration", and "certificate of designation of the cultural heritage" as "registration certificate".
(2) Articles 17, 18 (1) through (6), 22, 26, 27, 28, 29, 30, 33, and 68 shall apply mutatis mutantis to the management principles for owners of registered cultural heritages, the management by an organization managing a registered cultural heritage, the cancellation of permitted matters, and the preparation and preservation of records, regular investigations, ex officio investigations, subsidies, expense sharing, the collection of admission fees, and succession to rights and obligations. In such cases, "designated cultural heritage" shall be construed as "registered cultural heritage", "management organization" as "organization managing a registered cultural heritage".
[This Article Newly Inserted by Ordinance No. 7288, Sep. 26, 2019]
[Previous Article 67 moved to Article 73 <by Ordinance No. 7288, Sep. 26, 2019>]


CHAPTER XII SUPPLEMENTARY PROVISIONS Article 68 (Succession to Rights and Obligations) (1) Where the owner of any designated cultural heritage, etc. (including a protective facility, protection zone, and a provisionally designated cultural heritage) has been changed, the new owner shall succeed to the rights and obligations of the previous owner under this Ordinance or incurred by an order, instruction or any other disposition issued by the Mayor under this Ordinance.
(2) Where a management organization is designated or such designation is revoked 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.
[Moved from Article 62 <by Ordinance No.7288, Sep. 26, 2019>]


Article 69 (Delegation of Affairs) The Mayor shall delegate the following affairs to the head of each Gu:
1. Matters subject to permission under subparagraph 1 of Article 20;
2. Permission to take a rubbed copy, a photoprint or a photograph of designated cultural heritage, etc. under subparagraph 2 of Article 20;
3. Acceptance of reports under subparagraphs 1 through 8 of Article 24;
4. Measures necessary for managing and protecting designated cultural heritage, etc. under Article 25;
5. Other matters that the Mayor determines by rule of the Seoul Government.
[Moved from Article 63 <by Ordinance No.7288, Sep. 26, 2019>]

Article 70 (Disaster Prevention Day for Cultural Heritage) (1) The Mayor shall implement projects and hold events, such as safety inspections and disaster prevention drills, on cultural heritage reflecting 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.
[Moved from Article 64 <by Ordinance No.7288, Sep. 26, 2019>]

Article 71 (Official Commendations) The Mayor may present an official commendation to any of the following persons:
1. A person who is not responsible for the management and protection of designated cultural heritage or provisionally designated cultural heritage, but who has rendered remarkably distinguished service to prevent destruction, loss, theft of or damage thereto;
2. A person who is responsible or liable for the management, protection, or disclosure of any designated cultural heritage or provisionally designated cultural heritage and who became an example to others in the management, protection, and disclosure thereof;
3. A person who has rendered remarkably distinguished service for the conservation, management, and utilization of cultural heritage;
4. A person who has obtained excellent results in an exhibition, contest, etc. related to the preservation of cultural heritage.
[Moved from Article 65 <by Ordinance No.7288, Sep. 26, 2019>]

Article 72 (Administrative Fines) (1) Article 103 of the Act shall apply mutatis mutandis where the Mayor imposes an administrative fine to a person who fails to report under Article 24.
(2) The Mayor shall impose an administrative fine equivalent to three times the admission fee or usage fee which should have been paid by a person who has failed to pay an usage fee pursuant to Article 34 by fraud or other improper means.
[Moved from Article 66 <by Ordinance No.7288, Sep. 26, 2019>]

Article 73 (Imposition and Collection of Administrative Fines) (1) The Act on the Regulation of Violations of Public Order shall apply where the Mayor imposes or collects an administrative fine pursuant to Article 72. <Amended by Ordinance No. 7288, Sep. 26, 2019>
(2) Administrative fines under paragraph (1) shall be imposed in accordance with the standards prescribed in Article 48 (1) of the Decree. <Amended by Ordinance No. 7288, Sep. 26, 2019>
(3) Pursuant to Article 48 (2) of the Decree, the Mayor may increase or decrease an administrative fine by up to 1/2 of its amount based on the standards referred to in paragraph (2) in consideration of the motive, content, frequency, gravity, etc. of violations: Provided, That if so increased, the total amount of the administrative fine shall not exceed its ceiling prescribed in Article 103 of the Act. <Amended by Ordinance No. 7288, Sep. 26, 2019>
[Moved from Article 67 <by Ordinance No.7288, Sep. 26, 2019>]

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force one month after the date of its promulgation.
Article 2 (General Transitional Measures concerning Dispositions)
Any act performed by or in relation to an administrative agency under the previous provisions before this Ordinance enters into force shall be deemed an act performed by or in relation to an administrative agency under this Ordinance.
ADDENDA <Ordinance No. 6916, Oct. 4, 2018>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Ordinance No. 7288, Sep. 26, 2019>
This Ordinance shall enter into force on December 25, 2019.
ADDENDUM <Ordinance No. 7423, Dec. 31, 2019>
This Ordinance shall enter into force on the date of its promulgation.

- Table 1 (Facility Standards of Sign Boards for Non-Smoking Areas and Smoking Areas and Those of Smoking Areas, and Installation Methods Thereof )

- Table 2 (Height Standards for Buildings around Cultural Heritage )

- Form 1 (Recommendation for Designation of Animal Clinic for Natural Monuments)

- Form 2 (Certificate of Designation as Animal Clinic for Natural Monuments)

- Form 3 (Ledger of Issuance of Certificate of Designation as Animal Clinic for Natural Monuments )

- Form 4 (Application for Re-Issuance of Certificate of Designation as Animal Clinic for Natural Monuments )

- Form 5 (the Fortress Wall of Seoul)