Busan Metropolitan City Ordinance on the Installation and Management of Art Works in Buildings
Enforcement Date 11. October, 2023.
Busan Metropolitan City Ordinance No. 7058, 11. October, 2023., Enactment
- Article 1 (Purpose)
- The purpose of this ordinance is to establish necessary provisions for the installation and management of art works in buildings as delegated by the Culture and Arts Promotion Act and its Enforcement Decree, to ensure the fair installation and proper maintenance of art works in buildings. This aims to improve the quality of such art works and expand the cultural enjoyment rights of citizens.
- Article 2 (Definitions)
- The terms used in this ordinance are defined as follows:
- 1. The term “Building owner” means any person who constructs or expands a building subject to the requirements of Article 12 (2) of the Enforcement Decree of the Culture and Arts Promotion Act (hereinafter referred to as “Enforcement Decree”) within the administrative district of Busan Metropolitan City (hereinafter referred to as “City”). This includes those required to install art works in buildings under Article 9 (1) of the Culture and Arts Promotion Act (hereinafter referred to as the "Act").
- 2. The term “Construction cost” means the amount calculated based on the standard construction cost announced by the Minister of Land, Infrastructure, and Transport under Article 14 (2) of the Seoul Metropolitan Area Readjustment Planning Act, considering the total floor area (in case of design changes, it is based on the area at the time of the final design change).
- 3. The term “Art works” means the following items installed after evaluation and appraisal according to Article 12 of the Enforcement Decree:
- a. Fine art forms such as paintings, sculptures, crafts, photography, calligraphy, murals, media art, etc.
- b. Public sculptures such as fountains, recognized as art works.
- Article 3 (Installation of Art Works)
- (1) The Mayor of Busan Metropolitan City (hereinafter referred to as “Mayor") shall inform building owners applying for construction permits, consultations, or approvals for buildings subject to the installation of art works (buildings with a total floor area of 10,000 square meters or more) under Article 9 of the Act that they are obligated to either install art works or contribute to the Culture and Arts Promotion Fund (hereinafter referred to as “Fund") under Article 16 (1) of the Act.
- (2) Building owners intending to install art works under Article 12 (1) of the Enforcement Decree must submit an application for deliberation of the art work installation plan to the Mayor within 90 days after the start of construction. However, for buildings with a construction period exceeding two years, the application may be submitted within one year from the start of construction.
- (3) Building owners intending to contribute to the Fund instead of installing art works pursuant to Article 13-2 (1) of the Enforcement Decree shall submit a Cultural and Arts Promotion Fund Contribution Plan, in the form specified in Annex 5 of the Enforcement Decree, to the Mayor and the Korea Arts Council under Article 20 of the Act within the period specified in paragraph (2).
- (4) The Mayor shall record and manage the details of the contribution confirmation sent by the Arts Council Korea under Article 13-2 (2) of the Enforcement Decree.
- (5) The Mayor must refer the evaluation and appraisal of art works to the Busan Metropolitan City Art Works Deliberative Committee for fair assessment.
- (6) The Mayor shall notify the building owner of the deliberation results and publicly announce them in the Busan City Gazette.
- Article 4 (Installation of Art Works through Open Competition)
- (1) Building owners may install art works through an open competition to discover excellent works and broaden opportunities for artists. However, the following building owners must apply the open competition method:
- 1. National and local government agencies
- 2. Public institutions under Article 4 of the Act on the Operation of Public Institutions
- 3. Local public enterprises under the Local Public Enterprises Act
- (2) When conducting an open competition, the building owner must announce the necessary procedures and review methods for the competition online and select the winning work through a panel of experts.
- (3) Building owners may request the authority in charge of building permits to conduct and select the competition on their behalf if necessary.
- (4) When the Mayor conducts the open competition and selection of art works at the request of the building owner, the selected work shall be considered to have undergone the deliberation as stipulated in Article 3 (5).
- (5) The Mayor may separately determine other necessary matters related to the open competition and selection process.
- Article 5 (Use of Construction Costs for Art works)
- (1) In Appendix 2 No. 1 of the Enforcement Decree, “the ratio set by the ordinance of the Si/Do” means 1/1000 of the construction cost.
- (2) In Appendix 2 No. 2 of the Enforcement Decree, "the ratio set by the ordinance of the Si/Do" means 5/1000 of the construction cost.
- Article 6 (Confirmation of Art works Installation)
- (1) Building owners must submit an application for confirmation of the installation of the art work to the Mayor 30 days before the scheduled date of occupancy approval, based on the deliberation conducted by the Busan Metropolitan City Art works Deliberative Committee under Article 3 (5).
- (2) The Mayor must verify whether the art works have been installed before granting occupancy approval.
- (3) Building owners must cooperate fully with the Mayor during the verification of the installation of the art works.
- Article 7 (Determination of Art works Price)
- The price of the art work shall be based on the amount specified in the installation contract between the building owner and the artist. The price must be appropriate, considering the artist's career, artistic value, and the realities of the art market.
- Article 8 (Establishment and Composition of the Art Works Deliberation Committee)
- (1) The Mayor shall establish the Busan Metropolitan City Art Works Deliberative Committee (hereinafter referred to as “Committee”) to deliberate on the following matters under Article 14 (1) of the Enforcement Decree:
- 1. Appropriateness of the price of the art works
- 2. Artistic value of the art works (formal beauty, aesthetic value, originality, etc.)
- 3. Harmony between the art work and the building and its environment (environmental compatibility, etc.)
- 4. Accessibility to the art work (suitability of installation location)
- 5. Safety of the art work (structure, installation location, etc.)
- 6. Appropriateness of maintenance
- 7. Deliberation and selection of public art work under Article 4
- 8. Relocation, removal, or replacement of installed art work
- 9. Other contributions of the art work to the cityscape
- (2) The Committee shall consist of up to 20 members, including a Chairperson.
- (3) The Chairperson shall be elected from among the appointed members.
- (4) Ex officio members shall include the head of the Culture and Arts Division and the head of the Architecture and Housing Division.
- (5) Appointed members shall be selected by the Mayor through an open call or recommendation from among the following individuals:
- 1. Experts in fields such as art, architecture, environment, public design, landscape, safety, and maintenance, or citizens with experience in these fields
- 2. Other individuals with extensive knowledge and experience in art works management
- (6) The term of appointed members shall be one year, and they may be reappointed only once.
- (7) The list of appointed members under paragraph (5) may be made public.
- Article 9 (Responsibilities of the Chairperson)
- (1) The Chairperson represents the Committee and oversees its work.
- (2) If the Chairperson is unable to perform their duties due to unavoidable circumstances, the member designated in advance by the Chairperson shall act on their behalf.
- Article 10 (Operation of the Committee)
- (1) The Chairperson shall convene and preside over meetings of the Committee.
- (2) Meetings of the Committee shall be convened with the attendance of a majority of the members, and resolutions shall be adopted by a majority vote of the members present.
- (3) The Committee shall have one secretary and one clerk. The secretary shall be the officer in charge of the deliberation of art works, and the clerk shall be the person responsible for tasks related to the deliberation of art works.
- (4) Appointed members attending the meetings may receive allowances and travel expenses within the budget.
- (5) Other matters necessary for the operation of the Committee shall be determined by the Chairperson after deliberation by the Committee.
- Article 11 (Disqualification, Recusal, and Abstention of Members)
- (1) A Committee member shall be disqualified from participating in the deliberation of an agenda if they fall under any of the following:
- 1. The member is related to the building owner or artist under Article 777 of the Civil Law.
- 2. The member has provided consultation or services (including subcontracting) related to the agenda.
- 3. The member, or an entity or organization the member is affiliated with, is or has been an agent for a building owner or artist in connection with the agenda item.
- (2) The building owner or artist may request the recusal of a member if there is a reason to doubt their impartiality, and the Committee shall decide on the request by resolution. The member in question shall not participate in the resolution regarding the recusal request.
- (3) If a member falls under any of the disqualification grounds in paragraph (1), they must voluntarily refrain from the deliberation and resolution on the relevant agenda item.
- Article 12 (Dismissal of Members)
- The Mayor may dismiss a member if any of the following apply:
- 1. The member has been sentenced to imprisonment or a higher penalty.
- 2. The member is unable to perform their duties due to illness requiring long-term treatment or overseas travel for six months or more.
- 3. The member has disclosed confidential information obtained during their duties or has used it for personal gain.
- 4. The member is found to have committed misconduct related to the Committee's duties, making them unfit to continue serving.
- 5. The member, despite knowing they fall under the disqualification grounds pursuant to Article 11 (1), did not voluntarily refrain from the relevant agenda item.
- Article 13 (Prohibition on Participation in Art Installation)
- Members appointed to the Committee are prohibited from participating in the installation of art works in the City during their term.
- Article 14 (Confidentiality)
- Members shall not disclose any confidential information obtained through their participation in the Committee.
- Article 15 (Post-Management of Art works)
- (1) Building owners or those responsible for managing art works must make efforts to preserve the original state of the art works with due diligence. However, if changes to the art works are inevitable, they must obtain the Committee's approval.
- (2) Notwithstanding paragraph (1), in the event of any of the following minor changes, the deliberation may be omitted with the confirmation of the chairperson of the committee:
- 1. Change of the title of the art work
- 2. Change in the location of the art work within 5 meters
- (3) If the art works are removed, damaged, repurposed, or lost, the Mayor may order the building owner to restore them to its original state after Committee deliberation.
- (4) The Mayor shall prepare a management ledger for art works and conduct at least one on-site inspection annually to ensure the proper maintenance of art works.
- (5) Building owners must install a plaque for the art work at the time of installation.
- Article 16 (Delegation of Authority)
- The Mayor may delegate the following authorities to the head of a Gu/Gun:
- 1. Notification and guidance regarding the installation of art works and the reception of art work deliberation applications under Article 3. However, this does not apply to buildings requiring the Mayor's approval under Article 8 (1) of the Enforcement Decree Of The Building Act.
- 2. Confirmation of art work installation under Article 6.
- 3. Post-management of art works under Article 15 (2) and (3).
ADDENDA
Ordinance No. 7058, 11. October, 2023.
- Article 1 (Enforcement Date)
- This ordinance shall enter into force on the date of its promulgation.
- Article 2 (General Transitional Measures)
- (1) Any matters implemented under the previous Busan Metropolitan City Ordinance on the Promotion of Culture and Art at the time of this ordinance's enactment shall be considered to have been implemented under this ordinance.
- (2) In cases where other ordinances reference the previous Busan Metropolitan City Ordinance on the Promotion of Culture and Art they shall be deemed to reference this ordinance where applicable.
- Article 3 (Transitional Measures concerning Committee)
- (1) The Committee established under Article 30 of the previous Busan Metropolitan City Ordinance on the Promotion of Culture and Art shall be regarded as the Busan Metropolitan City Art Works Deliberative Committee under Article 8 of this ordinance.
- (2) Members of the committee appointed or commissioned pursuant to Article 30 of the former Busan Metropolitan City Ordinance on the Promotion of Culture and Art at the time of the enforcement of this ordinance shall be deemed to be appointed or commissioned as members of the Busan Metropolitan City Art Works deliberative committee pursuant to Article 8.
- Article 4 (Amendment to Other Ordinances)
- (1) Delete Articles 25 to 30-8 of the Busan Metropolitan City Ordinance on the Promotion of Culture and Art.
- (2) Delete subparagraphs 2 through 4 of Article 31
