Restrictions on Exporting Artworks Created Since 1946 Will Be Lifted

The export and overseas transfer of artworks created after 1946 will become unrestricted.

On the 24th, the Cultural Heritage Administration announced that it is promoting a partial amendment to the "Enforcement Decree of the Cultural Heritage Protection and Utilization Act" to exclude works created after 1946 from the category of "general movable cultural heritage," allowing free overseas transfer and export.

Under the current law, general movable cultural heritage is basically prohibited from being taken abroad, and export or overseas transfer is only possible with the permission of the head of the Cultural Heritage Administration for purposes such as international cultural exchange through overseas exhibitions. The amendment aims to allow works created after 1946 to be exported or transferred abroad without separate permission. Through this, it is expected that the excellent value and competitiveness of Korean cultural heritage can be more widely promoted worldwide.

General movable cultural heritage refers to cultural heritage that is over 50 years old since its creation and possesses artistic and academic value, meeting criteria such as rarity, clarity, uniqueness, and timeliness. According to the current standard based on the production date, some modern artworks have been classified as general movable cultural heritage, which has restricted their overseas transfer and export, leading to opinions that this negatively affects the globalization of K cultural heritage.

For example, in 2023, the submission of a 1962 work by the late artist Kwak In-sik to the world-renowned art fair "Frieze Masters" held in the United Kingdom was canceled. This was because the work was judged to meet the conditions of general movable cultural heritage, having passed 50 years since its creation and possessing artistic and academic value. Although this measure was taken to protect cultural heritage of outstanding value, there were criticisms that it did not meet the strong global interest and demand for Korean cultural heritage and artworks.

Accordingly, the Cultural Heritage Administration is seeking to ease overseas transfer regulations by changing the production date criterion for general movable cultural heritage from "more than 50 years since creation" to "created before 1945."

The Cultural Heritage Administration stated that the amendment to the enforcement decree went through a public notice period (April 11 to May 21) to gather public opinions, and after review by the Ministry of Government Legislation and approval by the State Council, it is scheduled to be implemented in the second half of this year.