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Busan Metropolitan City Ordinance on the Operation of the Busan Museum

By Cultural Heritage Division Dec 6, 2021 1241  Views
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BUSAN METROPOLITAN CITY ORDINANCE ON THE OPERATION OF THE BUSAN MUSEUM

Ordinance No. 5708, Feb. 7, 2018

Ordinance No. 6248, Jul. 14, 2021

CHAPTER I GENERAL PROVISIONS

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to provide for matters necessary for the operation of the Busan Museum established pursuant to Article 12 of the Museum and Art Gallery Support Act and institutions under its jurisdiction.[This Article Wholly Amended by Ordinance No. 4356, Feb. 4, 2009]

CHAPTER II MANAGEMENT OF EXHIBITION HALLS

  • Article 2 (Opening and Closure)
  • (1) The Busan Museum and institutions under its jurisdiction (hereinafter referred to as the “Museum”) shall be open every day except for the days of closure referred to in paragraph (2), and their exhibits shall be open to the general public. <Amended by Ordinance No. 4356, Feb. 4, 2009>
  • (2) The days of closure of the Museum shall be as follows: <Amended by Ordinance No. 4097, May 10, 2006>
    • 1. January 1 of each year;
    • 2. Monday: Provided, That where Monday is a holiday, the following day shall be the day of closure;
    • 3. Other days of closure determined by the Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor").
  • (1) Where the Mayor determines a day of closure under paragraph (2) 3, he or she shall post the day of closure on the website, etc. of Busan Metropolitan City, in advance.
  • Article 3 (Management of Exhibition Halls)
  • (1) The exhibition halls of the Museum shall be classified into permanent exhibition halls and planned exhibition halls.
  • (2) Permanent exhibition halls may be changed to and operated as planned exhibition halls when deemed necessary to do so.
  • Article 3-2 (Operation of Operation Committee)
  • ① The Busan Metropolitan City Library Operation Committee (hereafter called “Operation Committee”), pursuant to the Library and Art Gallery Promotion Act Article 7, shall be in place to facilitate the efficient operation of the library.
  • ② The Operation Committee shall consist of up to 15 members, including one chairperson and one vice chairperson, respectively. The Director of the Busan Metropolitan City Library (hereafter called “Library Director”) shall act as an ex-officio member, and the Mayor shall appoint, in consideration of gender, the members out of the persons who are qualified for any one of the following subparagraphs:
    • 1. Person highly knowledgeable of specialty, pertaining to library, with an abundance of experiences
    • 2. Employees of an institution or organization pertaining to library
    • 3. Any person deemed otherwise necessary by the Mayor for the consultation of the library operation
  • ③ The chairperson and the vice chairperson of the Operation Committee shall be elected from the members. The appointed members shall serve the term of two years with one consecutive term allowed, except that a supplementary member shall serve the remaining term of a predecessor member.
  • ④ The Operation Committee shall examine and consult on the following subparagraphs:
    • 1. The Library and Art Gallery Promotion Act Enforcement Decree Article 6 Paragraph 4
    • 2. Admission fee for special exhibition and touring exhibition
    • 3. Any matter referred to by the Mayor as a critical matter for the library operation
  • ⑤ The meeting of the committee shall convene with the attendance of a majority of the registered members and reach a decision with the consent of a majority of the attending members.
  • ⑥ The appointed members may be paid for allowance and travel expense, within the budget, for attending the committee.
  • ⑦ The chairperson shall determine, with the decision of the Operation Committee, the requirements, other than the stipulation in the ordinance, to operate the Operation Committee.
  • Article 4 (Opening Hours)
  • (1) The opening hours of the Museum shall be from nine o’clock in the morning to six o’clock in the afternoon.
  • (2) Deleted.
  • (3) Notwithstanding paragraph (1), the Mayor may adjust the opening hours where deemed necessary for revitalizing the operation of the Museum.
  • Article 5 (Admission Fees)
  • (1) Admission to the Museum shall be free of charge: Provided, That admission fees may be collected in any of the following cases:
    • 1. For special exhibition or touring exhibition
    • 2. Where a person who holds an exhibition, etc. after obtaining permission for the rental of facilities of the Museum pursuant to Article 16 (hereinafter referred to as “renter”) holds an exhibition of relics, etc.
  • (2) The Mayor shall determine the admission fee, pursuant to Paragraph 1 Subparagraph 1, with the review of the Operation Committee and in consideration of the size and level of the exhibition. A venue renter shall discuss with the Mayor to determine the admission fee pursuant to Paragraph 1 Subparagraph 2.
  • Article 6 (Exemption of Admission Fee)
  • ① The Mayor shall have the admission fee exempted, notwithstanding Article 5 Paragraph 1 Subparagraph 1, for the persons, to whom any one of the following subparagraphs is applicable:
    • 1. State guest, foreign delegations, and the entourage
    • 2. Child aged 7 or younger, and age 65 or older
    • 3. Visitor for academic study purpose and official business
    • 4. Person with disability, registered pursuant to the Welfare of Disabled Persons Act and one accompanying guardian
    • 5. Bearer of the ID card for the persons of national merit and the surviving families of person of national merit, pursuant to the Act on Honorable Treatment and Support for Persons of Distinguished Service to the State
    • 6. Bearer of the ID card for the persons of distinguished service to independence and the surviving families of persons of distinguished service to independence, pursuant to Act on the Honorable Treatment of Persons of Distinguished Service to Independence
    • 7. Bearer of the ID card for the persons of distinguished service to May 18th democracy and the surviving families of persons of distinguished service to May 18th democracy, pursuant to the May 18th Act on the Honorable Treatment of Persons of Distinguished Service to Democracy
    • 8. Bearer of the ID card for the veterans, pursuant to the Act on the Honorable Treatment and Organization Establishment for War Veterans
    • 9. Bearer of the registration card for the patriots and veterans, pursuant to the Act on the Support and Organization Establishment for Defoliant Epidemia Patients
    • 10. Bearer of the ID card for the persons of special mission merit and the surviving families of persons of special mission merit, pursuant to the Act on the Honorable Treatment and Organization Establishment for Persons of Special Mission Merit
    • 11. Family member of Multi-Children Family and Bearer of the ID card for the Family Love Card, pursuant to the Busan Metropolitan City Ordinance on Preferential Treatment and Support for Multi-Children Families
    • 12. Bearer of the Excellent Business Person Certificate, pursuant to the Busan Metropolitan City Ordinance on the Honorable Treatment for Business Persons and Promotion of Business Activities
    • 13. Bearer of the honorary citizen certificate and his/her spouse, pursuant to the Busan Metropolitan City Ordinance on the Award of Honorary Citizen Certificate and the Honorable Treatment of Honorary Citizen
    • 14. Voter in the election, pursuant to the Public Official Election Act and the Local Education Autonomy Act, and bearer of the voter verification issued by the Election Commission (in such case, limited to one admission fee and valid until three months after the election day)
    • 15. Bearer of the ID card for the persons killed or wounded or the surviving family of persons killed or wounded, pursuant to the Act on the Honorable Treatment and Support of Persons Killed or Wounded for a Righteous Cause, or the spouse or children of the person killed or wounded
    • 16. Those who made contributions, such as relic donation, to the development of the library
    • 17. Bearer of the ID card for the holders and contributors of the intangible cultural heritages in Busan Metropolitan City, pursuant to the Ordinance on Honorable Treatment and Support for Holders of Intangible Cultural Heritages
    • 18. Any person deemed otherwise necessary by the Mayor
  • ② The Mayor may designate, and put in place, a free admission day, if needed to vitalize the library operation.
  • https://busan.go.kr/bsadmn/mng/mngr/form#menu_233
  • Article 7
  • Deleted.
  • Article 8 (Prohibition of Admission)
  • Any of the following persons shall be prohibited from admission to the Museum:
    • 1 and 2. Deleted;
    • 3. A child of less than six years of age who are not accompanied by his or her guardian;
    • 4. A person who carries dangerous articles such as inflammable materials or is accompanied by an animal (Provided, That a person with a disability who is accompanied by a guide dog with the mark of a guide dog pursuant to Article 40 (3) of the Act on Welfare of Persons with Disabilities shall be excluded herefrom);
    • 5. A person who carries malodorous articles;
    • 6. Any other person who is likely to damage exhibits or other equipment of the Museum due to drinking, etc.
  • Article 9 (Restriction on Acts)
  • (1) No visitors to the Museum shall conduct the following acts in the exhibition halls of the Museum:
    • 1. Drinking, smoking, or eating any food;
    • 2. Lighting or photographing without the permission of the Mayor;
    • 3. Touching exhibits;
    • 4. Hindering other visitors to the Museum, such as talking in a loud voice;
    • 5. Deleted.
  • (1) The Mayor may order a person who has committed an act falling under any subparagraph of paragraph (1) to leave the Museum.

CHAPTER III USE AND LOAN OF COLLECTION OF RELICS

  • Article 10 (Use of Relics)
  • (1) The Mayor may grant permission for the use of the of relics in the Museum collection unless there exists any impediment to the operation of the Museum and the preservation of its collection of relics.
  • (2) A person who intends to use the relics in the Museum collection pursuant to paragraph (1) shall pay the use fees specified in attached Table 2: Provided, That he or she may be exempted from such payment when he or she uses the relevant relics for the purpose of academic research or study, education, or promotion of culture and arts.
  • (3) Other matters concerning the use of the relics in the Museum collection shall be separately determined by the Mayor.
  • Article 11 (Loan of Relics)
  • The Mayor may loan the relics in the Museum collection to a museum or art gallery under Article 3 of the Museum and Art Gallery Support Act or a cultural facility recognized by the Minister of Culture, Sports and Tourism pursuant to Article 2 of the Enforcement Decree of the Museum and Art Gallery Support Act.
  • Article 12 (Application for Loan)
  • When a museum, art gallery, or cultural facility under Article 11 intends to loan the relics in the Museum collection, it shall file an application including the following with the Mayor:
    • 1. Classifications, numbers, names, and quantities of such relics;
    • 2. Purposes of such loan and periods therefor;
    • 3. Places to store such loaned relics and the condition of such storage facilities;
    • 4. Methods for protecting and managing such relics;
    • 5. Methods for transporting such relics.
  • Article 13 (Terms and Conditions of Loan)
  • If the Mayor loans the relics in the Museum collection, he or she may impose necessary terms and conditions for the safe management of the relevant relics.
  • Article 14 (Payment of Expenses)
  • Any person who rents the relics from the Museum collection shall bear the expenses for photographing, actual measurement recording, packaging, carrying, etc. necessary to transport the loaned relics from or to the Museum and shall be subject to the technical directives of the Mayor.
  • Article 15 (Liability for Compensation)
  • (1) If any person who rents relics from the Museum collection loses or impairs the relevant relics or causes any other damage thereto, he or she shall repair or restore them or pay compensation equivalent thereto.
  • (2) In loaning the relics in the Museum collection, the Mayor may, if deemed necessary, require the person who is to rent the relevant relics to place necessary amount of money on deposit, to provide appropriate security, or to take out an insurance policy for the purpose of ensuring the restoration or the payment of compensation under paragraph (1).

CHAPTER IV RENTAL OF FACILITIES

  • Article 16 (Scope of Facilities to Be Rented and Purposes of Use Thereof)
  • The Mayor may lend any facilities of the Museum for the following events if there exists no impediment to the Museum’s own education and events, and the scope of facilities to be so rented shall be as specified in attached Table 3:
    • 1. Educational or academic activities which can contribute to the preservation, dissemination, or transmission of traditional culture;
    • 2. Exhibitions or other events of art and culture which can contribute to the development of traditional art and culture;
    • 3. Events which government agencies or public organizations hold for the purpose of contributing to the promotion and development of ethnic arts.
  • Article 17 (Application for Rental of Facilities and Permission Therefor)
  • (1) A person who intends to rent any facilities of the Museum shall file an application for permission for such rental with the Mayor.
  • (2) Upon receipt of an application for the rental of any facilities of the Museum under paragraph (1), the Mayor shall decide whether to lend the relevant facilities after reviewing the said application and notify the applicant in question of such decision.
  • (3) In deciding to lend any facilities of the Museum, the Mayor may adjust or modify the period of such rental or impose terms and conditions if he or she deems it necessary to do so.
  • (4) If any person who obtained permission for the rental of any facilities of the Museum intends to modify the permitted matters, he or she shall obtain the permission of the Mayor.
  • (5) If there is duplication of applications for the rental of any facilities of the Museum, the Mayor shall determine the preference or priority between such applications, taking into account the affairs of the Museum, characteristics of events, etc.
  • Article 18 (Restriction on Permission for Rental of Facilities)
  • The Mayor need not grant permission for the rental of any facilities of the Museum in any of the following cases:
    • 1. A person who has damaged the said facilities after having rented them and has failed to comply with any requirement for the compensation for such damage or the restoration of the damaged facilities;
    • 2 and 3. Deleted;
    • 4. Deleted.
  • Article 19 (Modification of Permission for Rental of Facilities)
  • (1) If necessary for the operation of the Museum or if there is any unavoidable reason, the Mayor may modify the period for the rental of, or places of, facilities that have been rented, with the consent of the applicant in question.
  • (2) When a renter falls under any of the following subparagraphs, the Mayor may revoke or suspend the rental of the relevant facilities:
    • 1. When the renter holds events in violation of the contents of permission for such rental;
    • 2. When the renter fails to comply with the requirements referred to in Article 17 (3);
    • 3. When the renter fails to pay the rental fees referred to in Article 20;
    • 4. When it is deemed impossible for the renter to use the relevant facilities of the Museum due to a natural disaster or any other unavoidable reason.
  • Article 20 (Rental Fees)
  • (1) A person who is notified of a decision on the rental of any facilities of the Museum shall pay the rental fees specified in attached Table 3 at least seven days prior to the date of such rental: Provided, That he or she may pay the rental fees by not later than the day before the date of such rental with the approval of the Mayor when there is any unavoidable reason.
  • (2) Deleted. <Feb. 4, 2009>
  • Article 21 (Exemption from or Reduction of Rental Fees)
  • (1) The Mayor may allow an exemption from or reduction of rental fees according to the following classification:
    • 1. An event held or hosted by Busan Metropolitan City: Exemption from rental fees;
    • 2. An event sponsored by Busan Metropolitan City: Reduction of 50/100 in rental fees.
  • (2) Deleted.
  • Article 21-2 (Refund of Rental Fees)
  • In any of the following cases, the Mayor shall fully or partially refund rental fees in accordance with attached Table 4:
    • 1. Where the rental of facilities of the Museum becomes difficult due to Busan Metropolitan City’s event or the Museum’s circumstances;
    • 2. Where the rental of facilities of the Museum is impossible due to a natural disaster or any other force majeure;
    • 3. Where the refund of rental fees is requested due to the relevant renter’s circumstances.
  • Article 22
  • Deleted.
  • Article 23 (Compensation for Damage)
  • When a renter has damaged any rented facilities, he or she shall pay compensation for such damage or restore the damaged facilities.

CHAPTER V COLLECTION OF RELICS

  • Article 24 (Collection of Relics)
  • The Mayor shall collect relics by means of purchase, donation, deposit, entrustment of custody, transfer of management, etc. of such relics (hereinafter referred to as “collection of relics”), and the objects and scope of collection shall be relics that have the historical or cultural value of preservation or relics necessary for academic study, research, etc.
  • Article 25 (Purchase of Relics)
  • (1) Where the Mayor intends to purchase relics, he or she shall formulate a plan for such purchase, including the target fields of relics to be purchased, the procedures for purchase, etc., in advance. In such cases, he or she shall publish matters necessary for the purchase of relics in a daily newspaper, Busan Metropolitan City’s official gazette, and on the City’s website.
  • (2) The Mayor shall determine the relics to be purchased and their prices according to the final results of deliberation by the Relics Purchase Deliberative Subcommittee (hereinafter referred to as the “Subcommittee”) of the Busan Metropolitan Cultural Heritage Committee under Article 32 (1) of the Busan Metropolitan City Ordinance on Cultural Heritage Protection, after undergoing evaluation by the relics collection self-evaluation body under Article 27 and then deliberation by the Relics Appraisal Committee under Article 28 in accordance with the plan for the purchase of relics under paragraph (1).
  • (3) Notwithstanding paragraphs (1) and (2), where the Mayor purchases relics at auction, he or she may purchase such relics after evaluation by the relics collection self-evaluation body under Article 27 and then deliberation by the Relics Appraisal Committee under Article 28, in consideration of the urgency, etc. of securing the relics and shall give notice of the result thereof to the Subcommittee.
  • Article 26 (Donation of Relics)
  • The Mayor may use relics necessary for exhibitions, research, etc. of the Museum after having such relics donated or deposited to the Museum or having their custody or management entrusted or transferred to the Museum.
  • In such case, he or she shall undergo evaluation by the relics collection self-evaluation body under Article 27.
  • Article 27 (Relics Collection Self-Evaluation Body)
  • (1) The relics collection self-evaluation body established under the Museum shall evaluate the following:
    • 1. Research on relics to be collected and selection of relics subject to evaluation;
    • 2. Evaluation of the donation, etc. of relics under Article 26; <Revised Feb. 4, 2009>
    • 3. Other matters the Mayor refers to meetings of the body with respect to the collection of relics.
  • (2) The relics collection self-evaluation body shall be composed of five employees of the Museum who conduct curatorial affairs, as selected by the Mayor.
  • (3) Matters necessary for the operation of the relics collection self-evaluation body shall be prescribed by rule.
  • Article 28 (Relics Appraisal Committee)
  • (1) The Relics Appraisal Committee established under the Museum (hereafter referred to as the “Committee” in this Article) shall deliberate on the following:
    • 1. Historical or cultural value of relics;
    • 2. The authenticity and appropriate prices of relics;
    • 3. Other matters the Mayor refers to meetings of the Committee with respect to the purchase of relics.
  • (2) Members of the Committee shall be persons commissioned by the Mayor from among experts in each field related to cultural heritage and relics.
  • (3) The Committee shall be composed of and operated by at least three and not more than five members designated by the Mayor at each meeting. Meetings of the Committee shall be convened by the Mayor, and any deliberation or decision shall be made under the joint signature of all of the members present after they reach agreement.
  • (4) The chairperson of the Committee shall be elected from among the members of the Committee.
  • (5) The members of the Committee shall hold office until the end of deliberation on the evaluation of relics in the relevant field at each meeting.
  • (6) The Committee shall have one secretary to handle its affairs, and the secretary shall be a person in charge of affairs of the competent committee.
  • Article 29 (Allowance)
  • Allowances and travel expenses may be paid to the members who have participated in meetings of the Relics Appraisal Committee within the budget.
  • <Amended by Ordinance No. 4356, Feb. 4, 2009>
  • [This Article Newly Inserted by Ordinance No. 4097, May 10, 2006]

CHAPTER VI SUPPLEMENTARY PROVISIONS

  • Article 30 (Delegation of Authority)
  • The Mayor shall delete to the Library Director the work authority for the operation of the library, pursuant to the stipulations in Article 2, Articles 4 through 6, Articles 9 through 21, Article 21-2, and Articles 24 through 29.
  • ADDENDA

  • (1) (Enforcement Date) This Ordinance shall enter into force one month after the date of its promulgation.
  • (2) (Transitional Measures) A person who has obtained permission for the rental of relics or facilities of the Museum in accordance with the previous provisions at the time this Ordinance enters into force shall be deemed to have obtained such permission in accordance with this Ordinance.
  • (3) (Repealed Ordinance) The Busan Metropolitan City Ordinance on the Collection of Fees for Admission to the Busan Museum shall be repealed.
  • ADDENDUM <Ordinance No. 3851, Jun. 5, 2003>

  • This Ordinance shall enter into force one month after the date of its promulgation.
  • ADDENDUM <Ordinance No. 3914, Mar. 11, 2004>

  • This Ordinance shall enter into force one month after the date of its promulgation.
  • ADDENDUM <Ordinance No. 3984, Feb. 16, 2005>

  • This Ordinance shall enter into force on the date of its promulgation.
  • ADDENDA <Ordinance No. 4097, May 10, 2006>

  • (1) (Enforcement Date) This Ordinance shall enter into force one month after the date of its promulgation.
  • (2) Omitted.
  • ADDENDUM <Ordinance No. 4356, Feb. 4, 2009>

  • This Ordinance shall enter into force one month after the date of its promulgation.
  • ADDENDA <Ordinance No. 4409, Aug. 5, 2009>

  • Article 1 (Enforcement Date)
  • This Ordinance shall enter into force one month after the date of its promulgation.
  • Articles 2 and 3
  • Omitted.
  • ADDENDA <Ordinance No. 4431, Oct. 28, 2009>

  • Article 1 (Enforcement Date)
  • This Ordinance shall enter into force one month after the date of its promulgation.
  • Articles 2
  • Omitted.
  • ADDENDUM <Ordinance No. 4548, Sep. 29, 2010>

  • This Ordinance shall enter into force one month after the date of its promulgation.
  • ADDENDA <Ordinance No. 4431, Oct. 28, 2009>

  • Article 1 (Enforcement Date)
  • This Ordinance shall enter into force on July 1, 2011.
  • Articles 2
  • Omitted.
  • ADDENDUM <Ordinance No. 4642, Jul. 13, 2011>

  • This Ordinance shall enter into force on the date of its promulgation.
  • ADDENDUM <Ordinance No. 4744, Apr. 4, 2012>

  • This Ordinance shall enter into force one month after the date of its promulgation.
  • ADDENDUM <Ordinance No. 5256, Nov. 4, 2015>

  • This Ordinance shall enter into force on January 1, 2016.
  • ADDENDA <Ordinance No. 5348, Jun. 8, 2016>

  • Article 1 (Enforcement Date)
  • This Ordinance shall enter into force on the date of its promulgation.
  • Articles 2 through 5
  • Omitted.
  • ADDENDUM <Ordinance No. 5354, Jun. 8, 2016>

  • This Ordinance shall enter into force one month after the date of its promulgation.
  • ADDENDUM <Ordinance No. 5708, Feb. 7, 2018>

  • This Ordinance shall enter into force on the date of its promulgation.
  • Supplementary Provision <May 27, 2020>
  • The ordinance shall be in effect one month after.
  • Supplementary Provision (Busan Metropolitan City Ord on Favorable Treatment and Support for Multi-Children Families) <July 14, 2021>
  • Article 1 (Effective Date)
  • The ordinance shall be in effect upon proclamation.
  • Article 2 (Revision of Other Ordinance)
  • ①~⑬ Omitted
  • ⑭ The Busan Metropolitan City Ordinance for City Museum Operation shall be revised in part as follows:
    • “Busan Metropolitan City Ordinance for Low Birth Rate Measure and Birth-Giving Encouragement Support” in Article 6 Paragraph 1 Subparagraph 1 shall be substituted with “Busan Metropolitan City Ordinance for Favorable Treatment and Support for Multi-Children Families.”
  • ⑮ Omitted