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Busan Metropolitan City Ordinance on the Protection of Modern Structures

By Local Community Promotion Division 2018. 1. 22 433  Views
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Busan Metropolitan City Ordinance on the Protection of Modern Structures

    Article 1 (Purpose)
  • The purpose of this Ordinance is to lay foundations for the systematic management of and support for the protection of modern structures, cultural heritage established during the formation period of modern cities, hence contributing to assuring the identity of Busan, the city of living history, and the sustainable development of Busan.
    Article 2 (Definitions)
  • The definitions used in this Ordinance shall be as follows:
    • 1. The term "modern structures" means buildings or facilities designated in accordance with Article 5 among those which had been constructed from the time when ports opened in the 19th century to before and after the Korean War and have historical, architectural, or artistic values: Provided, That registered or designated cultural heritage and assets pursuant to the Cultural Heritage Protection Act shall be excluded;
    • 2. The term "open modern structures" means facilities open to the public among modern structures usually used as a museum, exhibition site, dormitory, experience hall, training auditorium or lounge, or for other similar purposes.
    Article 3 (Obligations)(1) Busan Metropolitan City shall exert efforts to protect modern structures by formulating methods and scopes of conservation and repairs for each type of modern structures with different values.
  • (2) A possessor or manager (hereinafter referred to as "possessors, etc.") shall exert efforts to prevent the essence of relevant modern structures from being harmed.
    Article 4 (Establishment of Basic Plans)
  • Every five years, the Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall establish and execute basic plans for the conservation of modern structures, which include each of the following subparagraphs:
    • 1. The fundamental direction for the protection of modern structures;
    • 2. Matters concerning the current situation, conservation, and management of modern structures;
    • 3. Matters concerning support in accordance with the designation and protection of modern structures;
    • 4. Matters concerning the expansion of cultural and tourist infrastructures through the systematic maintenance of modern structures.
    Article 5 (Designation of Modern Structures)(1) When the Mayor intends to designate modern structures, he/she shall undergo deliberation by the Busan Metropolitan City Modern Structure Protection Committee pursuant to Article 7.
  • (2) When the Mayor has designated modern structures in accordance with paragraph (1), he/she shall notify matters concerning such designation on the Busan City Newsletter (Busan Sibo) and the web site of the Busan Metropolitan City Hall.
  • (3) Necessary matters for the modern structures designated in accordance with paragraphs (1) and (2), including the methods of installation and management of signboards, shall be separately determined by the Mayor: Provided, That the signboards of modern structures shall be installed with an agreement with possessors, etc.
  • (4) The Mayor may reach an agreement with possessors, etc. on the protection of modern structures, among those of which sustainable management and protection are necessary.
    Article 6 (Designation of Monumental Street)(1) The Mayor may designate an area around modern structures as a monumental street after going through a deliberation by the Busan Metropolitan City Modern Structure Protection Committee, in order to systematically protect modern structures and attract tourists. The same shall apply in cases of additional designations of monumental streets or modifications thereof.
  • (2) When the Mayor intends to designate a monumental street in accordance with paragraph (1), he/she shall consult, in advance, with the head of a Gu/Gun who has the jurisdiction over the area in which such modern structures are located.
    Article 7 (Modern Structure Protection Committee)(1) The Busan Metropolitan City Modern Structure Protection Committee (hereinafter referred to as the "Committee") shall be established in order to deliberate on the following matters, for the protection of modern structures:
    • 1. Important matters concerning policies for the protection of modern structures;
    • 2. Proposals for, and deliberation on, projects for the protection of modern structures;
    • 3. Matters concerning designations of monumental streets and modifications thereof;
    • 4. The extent, object, scale, etc. of support in accordance with the protection;
    • 5. The purchase of modern structures;
    • 6. Other matters tabled at a meeting by the Chairperson of the Committee for the protection of modern structures.
  • (2) The Committee shall be composed of about 15 members including one Chairperson and one Vice-Chairperson.
  • (3) The Chairperson of the Committee shall be the Creative City Director, the Vice-Chairperson shall be elected from among the Committee members, and the members shall be appointed or commissioned by the Mayor from among those of the following subparagraphs:
    • 1. Public officials of Grade IV or above, working for Busan Metropolitan City;
    • 2. Persons recommended by the Busan Metropolitan City Council;
    • 3. Other persons with knowledge and experience on modern structures.
  • (4) The term for commissioned members shall be two years: Provided, That the term for a supplementary member shall be the rest of his/her predecessor's.
  • (5) The Chairperson shall represent the Committee and direct the duties of the Committee, and the Vice-Chairperson shall serve the Chairperson and act for the Chariperson when he/she is unavailable for performing the duties due to inevitable circumstances.
  • (6) The Chairperson shall convoke and preside meetings, and when intending to convoke a meeting, he/she shall notify each member of the date, place, agenda of the meeting, etc. five days before the opening of the meeting: Provided, That this shall not apply in cases of emergency.
  • (7) A meeting shall require the attendance of a majority of the incumbent members and a resolution shall be passed by a consent of a majority of those present.
  • (8) When it is necessary for deliberation, the Committee may conduct a field examination, have relevant public officials or experts attend a meeting to make their opinions heard, and request relevant institutions and organizations necessary cooperation, including submissions of data and opinion.
  • (9) The Committee shall have one administrative secretary for administrative works, and such secretary shall be the City Restoration Administrative Officer.
  • (10) The commissioned members and relevant experts may be granted with allowances and travel expenses.
  • (11) Other necessary matters for the operation of the Committee other than those prescribed in this Ordinance shall be determined by the Chairperson after undergoing a resolution of the Committee.
    Article 8 (Subsidies pursuant to Protection)(1) The Mayor may subsidize part of the costs for purchases or repairs of modern structure as a result of a deliberation by the Committee in accordance with Article 7, for the purpose of the conservation and management of modern structures.
  • (2) When the Mayor partially subsidizes the costs for repairs in accordance with paragraph (1), the procedure, etc. of such support shall follow the Busan Metropolitan City Ordinance on Subsidy Management.
    Article 9 (Checkup and Data Collection, etc. on Modern Structure)(1) The Mayor shall have relevant public officials check the status of the maintenance and conservation of modern structures every year.
  • (2) The Mayor shall collect and arrange data on modern structures to use such data for the basis of policies and inform the public of the historical value of modern structures.