BUSAN METROPOLITAN CITY ORDINANCE ON THE PROTECTION OF DESIGNATED CULTURAL PROPERTIES
CHAPTER Ⅰ GENERAL PROVISIONS
- Article 1 (Purpose)
- The purpose of this Ordinance is to provide for necessary matters for the procedures for the designation and cancellation, management, protection, fosterage, opening to the public of the cultural properties designated by Busan Metropolitan City and the data on cultural properties, and the establishment of advisory organs concerning the cultural properties, etc.
CHAPTER Ⅱ CULTURAL PROPERTIES COMMITTEE OF BUSAN METROPOLITAN CITY
- Article 2 (Establishment)
- The cultural properties committee of Busan Metropolitan City (hereinafter referred to as the "Committee") shall be established in order to investigate and deliberate on matters relating to the preservation, management and practical use of cultural properties designated by Busan Metropolitan City (hereinafter referred to as the "cultural properties designated by the City").
- Article 3 (Functions)
- The Committee shall deliberate on matters falling under each of
the following subparagraphs:
- 1. Designation and cancellation of cultural properties designated by the City, and the cultural properties' data;
- 2. Designation and cancellation of the protection objects or protection zone of cultural properties designated by the City, and the cultural properties' data;
- 3. Recognition and cancellation of the possessors or possessing organizations of intangible cultural properties that are designated as cultural properties designated by the City;
- 4. Orders to make important repairs and restorations of cultural properties designated by the City, and the cultural properties' data;
- 5. Permission for alterations of the current status or moving out the cultural properties designated by the City to outside of the City limits;
- 6. Orders to restrict or prohibit any acts, or to install, remove or move the installations in order to preserve the environment of cultural properties designated by the City, and the cultural properties' data;
- 7. Purchase of cultural properties designated by the City, and the cultural properties' data;
- 8. Matters deemed to be important in terms of the professional or technical matters concerning preservation, management or practical use of cultural properties designated by the City, and the cultural properties' data; and
- 9. Other matters referred by the Metropolitan City Mayor (hereinafter referred to as the "Mayor") in relation to management of the cultural properties
- Article 4 (Composition)(1) The members shall be commissioned by the Mayor from among those persons who have much knowledge and experience in the related fields.
- (2) Regular personnel of the Committee shall be less than 25 persons, and their term of office shall be two years: Provided, That the term of office of the member who is commissioned as successor of a vacancy shall be the remainder of that of his predecessor.
- Article 5 (Chairman and Vice-chairman)(1) The Committee shall have one chairman and one vice-chairman.
- (2) The chairman shall be the administrative vice-mayor, and the vice-chairman shall be elected from among the members.
- (3) The chairman shall represent the Committee, exercise the overall control of the affairs thereof, and convene and preside over the meeting thereof
- (4) The vice-chairman shall assist the chairman and act on behalf of the chairman if the chairman is unable to perform his duties for any passing reason.
- Article 6 (Operation)(1) The Mayor shall not collect the admission fees from those persons who fall under any of the following subparagraphs: [Amended by Ordinance No. 3984, Feb. 16, 2005]
- Article 7 (Subcommittees)(1) The Committee shall have the tangible subcommittee, intangible subcommittee, monument subcommittee, buried cultural properties subcommittee, and purchase of remains subcommittee.
- (2) Members of subcommittees shall consist of the Committee members, and the regular personnel of them and their posting shall be determined by the chairman.
- (3) The chairmen of subcommittees shall be elected from among the members thereof.
- (4) When the chairman of any subcommittee is unable to perform his duties, the member of subcommittee designated by him shall act on his behalf.
- (5) Matters on which have been deliberated by the subcommittee from among those other than any case falling under subparagraphs 1 through 3 of Article 3, shall be deemed to have been deliberated by the Committee.
- Article 8 (Specialized Committeemen)(1) The Committee shall have less than 20 specialized committeemen, and their term of office shall be two years.
- (2) The specialized committeemen shall be commissioned by the Mayor from among those persons who have much knowledge and experience in the related fields.
- (3) The specialized committeemen shall make the collection, investigation and research of the commissioned matters and the drafting of plans under the order of the chairman, and attend the Committee and state their opinions.
- Article 9 (Dismissal of Committee Members)(1) The Mayor may, when any causes falling under one of the following subparagraphs have occurred, dismiss the members (including the specialized committeemen) even prior to expiration of their terms:
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- 1. When any member has deceased during his term of office;
- 2. When it is difficult for any member to cope with his duties due to the diseases requiring a long-term medical treatment and other causes; and
- 3. When deemed by the chairman to be inadequate, on account of any injury to member's dignity, etc.;
- Article 10 (Executive Secretary, etc.)(1) The Committee shall have one executive secretary and one clerk.
- (2) Executive secretary and clerk shall be appointed by the Mayor from among the public officials under his jurisdiction.
- (3) Executive secretary shall consolidate the proceedings of the Committee and deal with general affairs, and the clerk shall assist the executive secretary.
- Article 11 (Allowances and Travel Expenses)
- Allowances and travel expenses may be paid to the members who are not the public officials under the jurisdiction of Busan Metropolitan City (hereinafter referred to as the "City"), to such an extent as the relevant budget permits.
CHAPTER Ⅲ CULTURAL PROPERTIES DESIGNATED BY CITY AND CULTURAL PROPERTIES' DATA
SECTION 1 DESIGNATION
- Article 12 (Designation of Cultural Properties Designated by City)(1) The Mayor shall designate cultural properties designated by the City by classifying them into the tangible cultural properties, intangible cultural properties, monuments, and folk data after deliberation of the Committee.
- (2) When the Mayor designates the intangible cultural properties under paragraph (1), he shall recognize the possessor of the said intangible cultural properties (including the possessing organization).
- Article 13 (Designation of Protection Objects or Protection Zones)(1) The Mayor may designate the protection objects or protection zones, when deemed necessary for the protection of cultural properties designated under Article 12.
- (2) When the Mayor has designated any protection objects or protection zones under paragraph (1), he shall examine whether or not the said designation is appropriate, by having the period sufficient for the case
- (3) Necessary matters in relation to the provisions of paragraphs (1) and (2), shall be determined by rule of Busan Metropolitan City.
- Article 14 (Notification of Designation, and Delivery of Written Designation)(1) When the Mayor has designated such cultural properties as designated by the City (including the protection objects and protection zones; hereafter in this Article, the same shall apply) or has recognized the possessor of the said cultural properties under Article 12, he shall notify the public of the purports thereof by the City Gazette or City's information and communications networks and inform the owner or possessor of the relevant cultural properties thereof without delay.
- (2) In case of paragraph (1), if the owner of the cultural properties in question is nonexistent or obscure, the said conditions shall be notified to the relevant occupant or manager.
- (3) When the Mayor has designated the tangible cultural properties, monuments, and folk data under Article 12 (1), he shall deliver the written designation of relevant cultural properties to their owners.
- (4) When the Mayor has recognized the possessor of intangible cultural properties under Article 12 (2), he shall deliver the written recognition to the said possessor.
- Article 15 (Time to Take Effect of Designation or Recognition)
- The designation or recognition under Articles 12 and 13 shall take effect to the owner, possessor, occupant or manager of the relevant cultural properties designated by the City, from the date of receiving the notice of the said designation or recognition, and to others from the date of publication on the City Gazette.
- Article 16 (Cancellation of Designation or Recognition)(1) When cultural properties designated by the City lose their values or have special reasons, the Mayor may cancel the said designation after being deliberated on by the Committee.
- (2) When any possessor of intangible cultural properties is deemed to be improper for the possessor of the relevant intangible cultural properties due to his physical or mental impediments, etc., or when there exist other special reasons, the Mayor may cancel him after deliberation of the Committee.
- (3) When any individual has deceased from among the possessors of intangible cultural properties, the recognition of the said possessor shall be canceled, and when all possessors of intangible cultural properties have deceased, the designation of such intangible cultural properties may be canceled after being deliberated on by the Committee.
- (4) When any designation of the protection objects or protection zones is inadequate as a result of examination under Article 13 (2), the Mayor shall cancel the designation of the said protection objects or protection zones or adjust their scopes; Provided, That when any designation of cultural properties designated by the City has been canceled, he shall, without delay, cancel the designation of the protection objects or protection zones of relevant cultural properties.
- (5) Articles 14 and 15 shall apply mutatis mutandis to paragraphs (1) through (4) of this Article.
- (6) When cultural properties designated by the City have been canceled under paragraphs (1) and (2), the owners or possessors of relevant cultural properties shall return their written designation or written recognition to the Mayor within 30 days from the date of receiving the notice of cancellation: Provided, That the same shall not apply to a case in which any individual from among the possessors of intangible cultural properties has deceased.
- Article 17 (Provisional Designation)(1) If there exist any cultural properties deemed to have the value sufficient for the designation as cultural properties designated by the City, and when it is urgent to make such designation and there exists no leeway to be deliberated on by the Committee, the Mayor may make the provisional designation as cultural properties designated by the City.
- (2) When any measure under paragraph (1) has been taken, its purport shall, without delay, be notified to the owner, occupant or manager thereof, and such notice shall take effect from the date of making notice of the purport of the provisional designation.
- (3) The provisional designation under paragraph (1) shall be deemed to have been canceled, if the designation under Article 12 is not granted within three months from the date of making the said provisional designation.
- (4) Article 14 shall apply mutatis mutandis to paragraph (1) of this Article, but the publication on the City Gazette or the City's information and communications network under Article 14 (1) shall not be made.
- Article 18 (Designation of Cultural Properties' Data)(1) The Mayor may designate cultural properties falling under any of the following subparagraphs as the cultural properties' data, after being deliberated on by the Committee:
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- 1. From among cultural properties failed to be designated as those designated by the City, those having the value sufficient for the preservation in original forms;
- 2. From among the structures built before 1945, those having the concerns over being destroyed in the process of urbanization; and
- 3. Structures deemed to be in need of the designation and preservation hereafter as cultural properties, even if they are not time-honored.
- (2) Articles 13 through 17 shall apply mutatis mutandis to the designation of the cultural properties' data under paragraph (1).
SECTION 2 MANAGEMENT AND PROTECTION
- Article 19 (Management by Managing Organization)(1) When any owner of cultural properties designated by the City is obscure, or the management by the said owner or manager is deemed to be difficult or inadequate, the Mayor may designate the corporation or organization (including a Gu or Gun; hereinafter referred to as the "managing organization") that is suitable for managing the said cultural properties, and have it manage the relevant cultural properties designated by the City.
- (2) Where the Mayor designates the managing organization under paragraph (1), if there exists the owner of the said cultural properties, he shall hear such owner's opinions and take them into consideration, and he shall also hear the opinions of the managing organization intended for the designation.
- (3) When the Mayor has designated the managing organization under paragraph (1), he shall, without delay, notify the public of the purport thereof by the City Gazette and inform the owner or manager, and relevant managing organization thereof.
- (4) Any owner or manager of cultural properties designated by the City shall not obstruct any managing activities of the managing organization designated under paragraph (1) without any justifiable ground.]
- (5) When the Mayor has designated the managing organization under paragraph (1), the expenses necessary for management of cultural properties designated by the City shall be borne by the relevant managing organization unless otherwise provided in this Ordinance, but if the managing organization is not capable of bearing the expenses, the local government may bear them.
- (6) Article 15 shall apply mutatis mutandis to paragraph (1) of this Article.
- Article 20 (Repairs, etc.)(1) When any owner of cultural properties designated by the City (when any managing organization is already designated, it shall refer to the said managing organization) intends to repair the relevant cultural properties, he shall have the person registered with the Cultural Properties Administration repair them: Provided, That the same shall not apply to any case in which minor repairs causing no impacts to the preservation of relevant cultural properties are implemented.
- (2) The scope of minor repairs under paragraph (1) shall be determined by rule of Busan Metropolitan City.
- Article 20-2 (Appraisal, etc, of Repair Services of Cultural Properties and Work Execution Thereon)(1) The Mayor and the head of a Gu and Gun (hereinafter referred to as the "ordering authority"), who have made the ordering of repair service projects of cultural properties (hereinafter referred to as the "service projects") or repair works on them (hereinafter referred to as the "repair works") in order to elevate the technological level of repair business operators and the quality of repair works on cultural properties, may implement the appraisal in case where the relevant service projects or repair works fall under any of the following subparagraphs:
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- 1. Service project: Projects whose project contract amount is not less than 30 million won; and
- 2. Repair works: Works whose work contract amount is not less than one billion won.
- (2) Notwithstanding the provisions of paragraph (1), the ordering authority may implement the appraisal in case where it does not fall under paragraph (1) 2 with regard to the repair works on cultural properties designated as the national treasures or treasures by taking account of their historical, scientific and constructive peculiarities.
- (3) The ordering authority may designate the repair business operator who has obtained an excellent result in appraisal under paragraph (1) as the excellent business operator, with fixing the period therefor.
- (4) In ordering the service project or repair works to be implemented by the ordering authority, the excellent business operator under paragraph (3) may be treated preferentially during the designation period as the excellent business operator.
- (5) When deemed necessary for implementing the appraisal under paragraphs (1) and (3), the ordering authority may directly inspect the cultural properties repair scenes, etc., or have the repair business operator submit the data necessary for the appraisal.
- (6) Necessary matters for the standards, procedures and methods for the appraisals under paragraphs (1) through (5) and the effective period for designating the excellent business operator, shall be determined by rule of Busan Metropolitan City. Article 20-3 (Establishment and Operation of Cultural Properties Tech
- Article 20-3 (Establishment and Operation of Cultural Properties Technology Committee)(1) The cultural properties technology committee of Busan Metropolitan City under Article 10 (1) of the Enforcement Decree of the Protection of Cultural Properties Act (hereinafter referred to as the "technology committee") shall consist of the members falling under any of the following subparagraphs:
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- 1. Less than six men commissioned by the Mayor from among the specialists in the repair field of cultural properties; and
- 2. One men nominated by the Mayor from among the public officials under his jurisdiction.
- (2) The term of office of the members shall be two years: Provided, That the term of office of the member who is commissioned as successor of a vacancy shall be the remainder of that of his predecessor.
- (3) The technology committee shall have the chairman, but he shall be elected from among the members.
- (4) The chairman shall represent the technology committee and preside over the meeting thereof.
- (5) The technology committee shall deliberate on matters falling under each of the
following subparagraphs:
- 1. Selection and appraisal of the service projects and repair works subject to the appraisals by the ordering authority pursuant to Article 20-2 (1) and (2); and
- 2. Designation of the excellent business operators under Article 20-2 (3).
- (6) The Mayor may seek the advice from the technology committee on the matters related to the inquiry into the original form of cultural properties or repairs thereof.
- (7) Allowances and travel expenses, etc. may be paid to the commissioned members who have taken part in the investigation or deliberation of the technology committee, to such an extent as the relevant budget permits; and
- (8) Other matters necessary for the operation of the technology committee shall be determined by the chairman after being deliberated on by the technology committee.
- Article 20-4 (Protection of Cultural Properties at Time of Construction Works)(1) When there exists any concern over damage, demolition or submergence of cultural properties due to the construction works, or when deemed necessary for the protection of sceneries around other cultural properties, the executor of the said construction works shall take necessary measures under the instruction of the Mayor. In this case, the expenses necessary for such measures shall be borne by the executor of the relevant construction works.
- (2) The scope of areas, wherein it is to be examined whether or not the
implementation of construction works under Article 74 (2) of the Act causes any
impacts to the preservation of cultural properties, shall be as follows:
- 1. Area within 200 meters from the point of outer boundary of the protection zone (where the protection zone is not designated, the outer boundary of relevant cultural properties) in case of residential area, commercial area and industrial area from among the urban areas under Article 36 of the National Land Planning and Utilization Act; and
- 2. Area within 500 meters from the point of outer boundary of the protection zone (where the protection zone is not designated, the outer boundary of relevant cultural properties) in case of the green belt area, management area, agricultural and forestry area, and natural environment conservation area from among the urban areas under Article 36 of the National Land Planning and Utilization Act.
- (3) Even if it is the construction work implemented in the area exceeding the scope of
the area under paragraph (2), if it falls under any of the following subparagraphs, it
shall be examined whether or not the said construction work causes any impacts to
the preservation of cultural properties:
- 1. Construction works, such as the construction or dike building, etc. to be implemented at the upper streams of water systems capable of causing water pollution in the area designated as the cultural property, or of causing impacts to water volumes; and
- 2. Construction works having concerns over damaging the remains connected with cultural properties, or over impeding the height sceneries or the historical, cultural or natural environment.
- (4) The head of administrative agency rendering the authorization or permission for the
area falling under paragraph (2) and the construction works falling under paragraph
(3), shall examine the matters falling under each of the following subparagraphs prior
to rendering the authorization or permission for the said construction works:
- 1. Whether or not the usage, scale, height, shape, quality, color tone, etc. of the structures or installations harmonize with cultural properties;
- 2. Whether or not the sceneries and views around cultural properties are damaged;
- 3. Whether or not there exist any concerns over inducing the noise, vibration, etc. capable of causing the impacts to the preservation of cultural properties, or over discharging the sewage, wastewater, noxious gas, chemical substance, dust or heat during the work execution or the use after completion;
- 4. Whether or not accompanying the excavating acts not less than 50 meters underground capable of causing the impacts to the preservation of cultural properties;
- 5. Whether or not there exist any alteration in the water systems or water volumes, or any water pollution;
- 6. Whether or not impeding the height sceneries, or the historical, cultural or natural environment; and
- 7. Whether or not paving the buried cultural properties.
- (5) The head of administrative agency shall, upon receipt of an application for the authorization or permission for the construction works, etc., verify whether or not the relevant construction works fall under paragraph (2) or (3), and if they fall thereunder, he shall obtain the advice from the related specialists, such as the members of the technological committee after closely examining the matters referred to in paragraph (4) on the basis of the written application for authorization or permission, written business plans, etc., and where deemed necessary, he shall conduct the field investigation.
- Article 21 (Preparation and Preservation of Records)(1) The Mayor shall prepare and preserve the records of important ones from among cultural properties designated by the City and the cultural properties' data.
- (2) When deemed necessary for the preservation and management of cultural properties designated by the City and the cultural properties' data, the Mayor may have research institutions or persons who have professional knowledge on cultural properties prepare the records.
- Article 22 (Matters Subject to Permission)
- Any person who intends to make the
acts falling under any of the following subparagraphs on cultural properties shall
obtain the permission from the Mayor. The same shall also apply when making any
alteration in the permitted matters:
- 1. Acts to capture or collect the animals, plants or minerals in the zone designated or provisionally designated as cultural properties designated by the City or the protection zone thereof, or carrying them out of the said zones;
- 2. Acts to make the rubbing or photoprinting of cultural properties designated by the City, or acts to make pictures having concerns over causing any impacts to the preservation; and
- 3. Acts determined by the standards in terms of acts to alter (including the acts to make specimen, or stuffing the memorials) the current status of cultural properties designated by the City (including the protection objects, protection zone, and the dead from among the memorials), or acts having concerns over causing any impacts to the preservation thereof.
- Article 23 (Prohibition of Carrying Out)(1) The cultural properties designated by the City, the cultural properties' data, and provisionally-designated cultural properties shall not be carried out of the City's jurisdictional zone: Provided, That the same shall not apply when the Mayor's permission has been obtained on the conditions that they are carried out for the purpose of exchanging the folk cultures, such as the exhibit of cultural properties, and again carried in within one year from the date of carrying them out.
- (2) Where any memorials are made into the specimen or stuffing, etc. by obtaining the permission under subparagraph 3 of Article 22, they may be carried out by obtaining the Mayor's permission, notwithstanding the pro- visions of paragraph (1).
- Article 24 (Administrative Orders)(1) When the Mayor deems it necessary for managing or protecting cultural properties designated by the City (including the protection objects and protection zone; hereinafter the same shall apply), he may issue the following orders:
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- 1. Where any management status of cultural properties designated by the City is inadequate for the preservation of the said cultural properties, or is deemed to be specially necessary, the prohibition or restriction of specific acts against the owner, possessor, manager or managing organization thereof;
- 2. Repairs, installation of other necessary facilities, or removal of the obstacles, to the owner, manager or managing organization of cultural properties designated by the City; and
- 3. Other measures necessary for the management and protection of cultural properties designated by the City.
- (2) When the owner or manager of cultural properties designated by the City fails to comply with the orders under paragraph (1), or deemed that it is inadequate to have the said owner or manager take the measures falling under each of paragraph (1), the Mayor may directly take the measures falling under each of paragraph (1) at the City's charge.
- Article 25 (Matters Subject to Report)(1) When the causes falling under any of the following subparagraphs have occurred to cultural properties designated by the City (including the protection objects, protection zone; hereafter the same shall apply in this Article), the owner, possessor, manager or managing organization shall file a report on such facts and particulars as provided by rule of Busan Metropolitan City: Provided, That in case of subparagraph 1, the owner and manager shall do it, and in case of subparagraph 2, the new and former owner shall do so, respectively under joint signatures:
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- 1. When the manager is appointed or dismissed;
- 2. When intending to sell cultural properties designated by the City, or there exists any change in the owner;
- 3. When there exists any change in the name or address of the owner, possessor and manager;
- 4. When there exists any change in the name, parcel number, land category, size, etc. of the location of cultural properties designated by the City;
- 5. When the depository has been changed;
- 6. When cultural properties designated by the City have been demolished, stolen or damaged;
- 7. When cultural properties permitted under subparagraph 1 of Article 22 or Article 23 (1) are carried out, and thereafter carried in again;
- 8. When the permission (including permission for alteration) has been obtained under subparagraph 3 of Article 22, and any alteration in the said cultural properties or other acts have been undertaken or completed; and
- 9. If the breeds of animals or seeds of plants are designated as the memorials, when the specimen or stuffing is owned prior to the date of said designation.
- Article 26 (Subsidies)(1) The Mayor may render the subsidies to all or part of the expenses falling under any of the following subparagraphs:
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- 1. Expenses required by the managing organization designated by the Mayor for the management of the said cultural properties;
- 2. Expenses required for taking measures for the matters instructed by the Mayor for the management of cultural properties;
- 3. Expenses required for the protection and fostering of cultural properties; and
- 4. Other expenses required for the management, protection, repair of cultural properties, or for the preparation of their records
- (2) Where rendering any subsidies under paragraph (1), the Mayor may make the supervision on the repair of cultural properties and on other construction works
- (3) Except for the special cases, the subsidies shall be delivered through the head of a Gu and Gun, and such subsidies shall be managed and used under their instructions: Provided, That the same shall not apply to any case recognized by the Mayor.
- Article 27 (Compensation for Losses)
- The Mayor shall make compensations for losses to the person who has suffered them due to the implementation of orders under Article 24 (1) of this Ordinance.
- Article 28 (Mutatis Mutandis Application)
- Articles 22 through 25 and 27 shall apply mutatis mutandis to the management and protection of cultural properties that have been provisionally designated as cultural properties designated by the City.
SECTION 3 OPENING TO PUBLIC AND INVESTIGATION
- Article 29 (Opening, etc. of Cultural Properties Designated by City)(1) Except for any case in which any opening to the public of cultural properties designated by the City is restricted under paragraph (2), they shall be opened to the public unless there exists any special ground.
- (2) Where deemed necessary for the preservation and damage prevention of cultural properties designated by the City, the Mayor may restrict any opening to the public of all or part of the relevant cultural properties.
- (3) When the Mayor restricts any opening of cultural properties designated by the City under paragraph (2), he shall notify the location of areas in which such cultural properties are located, period for restriction on opening, and areas, etc. and inform the head of the competent Gu or Gun thereof as provided by rule of Busan Metropolitan City.
- (4) When the causes for restriction on any opening under paragraph (2) have come to vanish, the Mayor shall, without delay, cancel the measures for the restriction. In this case, the Mayor shall notify the public of such cancellation and inform the head of the competent Gu and Gun thereof as provided by rule of Busan Metropolitan City.
- (5) Any person who intends to gain access to the areas wherein any opening is restricted under paragraphs (2) and (3), shall obtain the Mayor's permission by clarifying the reasons therefor.
- Article 29-2 (Collection of Admission Fees)(1) Where the owner, possessor or managing organization of cultural properties designated by the City opens the said cultural properties to the public, he or it may collect the admission fees from the audience.
- (2) The admission fees under paragraph (1) shall be determined by the owner, possessor or managing organization of the relevant cultural properties. (3) Deleted; [Jul. 18, 2003]
- Article 30 (Ex Officio Investigation)(1) The Mayor may, when deemed necessary, have the public officials under his jurisdiction make investigation on the current status, control, repair, and other situations of the environmental conservation.
- (2) Where any investigation is made under paragraph (1), its purport shall be notified to the owner, possessor, manager or managing organization: Provided, That in case of urgency, an ex post facto notice may be made thereof.
- (3) Public officials who conduct the investigation under paragraph (1) may request the related persons to render the necessary cooperation, and may conduct the surveying, excavation, removal of obstacles, and other acts necessary for the investigation, within the limit of not damaging the current status of the said cultural properties: Provided, That before sunrise or after sunset, the consent shall be obtained from the owner, possessor, manager or managing organization.
- (4) Public officials conducting the investigation under paragraph (2) shall be equipped with a certificate indicating his authority, and produce it to the persons concerned.
- (5) The City shall make compensations for losses to the persons who have suffered them due to the acts of investigation under paragraph (3).
- Article 31 (Mutatis Mutandis Application)
- Where any investigation, etc. is needed for the designation under Articles 12, 13, 17 and 18, Article 30 shall apply mutatis mutandis.
CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS
- Article 32 (Succession to Right or Obligation)(1) When the owners of cultural properties designated by the City, protection objects or protection zone, provisionally-designated cultural properties and the cultural properties' data are changed, the new owners shall succeed to the rights and liabilities of the former owners on account of the orders, instructions and other dispositions rendered by the Mayor under this Ordinance.
- (2) Paragraph (1) shall apply mutatis mutandis to the managing organization and the owner in case where the managing organization has been designated or such designation has been canceled: Provided, That the same shall not apply to rights and obligations exclusively attached to the owner.
- Article 33 (Commendation)
- The Mayor may officially commend the persons falling
under any of the following subparagraphs, and render the extra prizes:
- 1. Where the buried cultural properties hitherto discovered or reported are designated as cultural properties designated by the City or the cultural properties' data, the person who has discovered and reported the said buried cultural properties;
- 2. Persons having no responsibilities for management or protection, and yet having displayed the distinguished merits for the prevention of any demolition, robbery or damages of cultural properties designated by the City, the cultural properties' data or the provisionally-designated cultural properties;
- 3. Other persons than the possessor of cultural properties designated by the City, who have displayed the distinguished merits for the protection and fostering of cultural properties designated by the City; and
- 4. Persons having the responsibility or obligation for managing and protecting cultural properties designated by the City, the cultural properties' data or the provisionally-designated cultural properties, and who have served as a pattern for others in their management or protection.
- Article 34 (Delegation of Authorities)
- The Mayor shall delegate the following matters
from among the authorities referred to in this Ordinance, to the head of a Gu and
Gun:
- 1. Authorities concerning the designation of managing organizations under Article 19;
- 2. Authorities concerning the permissions for cultural properties designated by the City under Article 22;
- 3. Authorities concerning the administrative orders and measures to the owners of cultural properties designated by the City under Article 24; and
- 4. Authorities concerning the reports on cultural properties designated by the City under Article 25;
- ADDENDUM
- This Ordinance shall enter into force one month after the date of its promulgation.
