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ENFORCEMENT DECREE OF THE ACT ON CULTURAL HERITAGE MAINTENANCE, ETC.

Presidential Decree No. 22638, Jan. 26, 2011

Amended by Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23759, May 1, 2012

Presidential Decree No. 23943, Jul. 10, 2012

Presidential Decree No. 24676, Jul. 30, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25711, Nov. 11, 2014

Presidential Decree No. 25854, Dec. 16, 2014

Presidential Decree No. 27115, Apr. 29, 2016

Presidential Decree No. 27619, Nov. 29, 2016

Presidential Decree No. 27774, Jan. 10, 2017

Presidential Decree No. 28178, Jul. 11, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Cultural Heritage Maintenance, Etc. and matters necessary for the enforcement thereof.
 Article 2 (Scope of Repair of Cultural Heritage)
"Public structures and landscape prescribed by Presidential Decree" under subparagraph 1 (c) of Article 2 of the Act on Cultural Heritage Maintenance, Etc. (hereinafter referred to as "Act") shall mean any of the following public structures and landscape:
1. Structures and landscape in a protected area that surround the designated cultural heritage under Article 2 (2) of the Cultural Heritage Protection Act (including the provisionally designated cultural heritage under Article 32 of the same Act, but excluding the intangible cultural heritage under Article 2 (1) 2 of the same Act and the historic sites, scenic spots and natural monuments under Article 25 of the same Act; hereafter the same shall apply in this Article);
2. Structures and landscape necessary for the preservation and utilization of designated cultural heritage in a land (limited to the one managed by the owner under Article 33 of the Cultural Heritage Protection Act and the management organization under Article 34 of the same Act (including cases in which such provision applies mutatis mutandis pursuant to Article 74 (2) of the same Act)) surrounding the designated cultural heritage under Article 2 (2) of the same Act.
 Article 3 (Formulation of Master Plan for Repair, etc. of Cultural Heritage)
(1) The master plan (hereafter referred as "master plan" in this Article) for the repair, on-site survey and design or supervision of cultural heritage (hereinafter referred to as "repair, etc. of cultural heritage") under Article 4 (1) of the Act shall include the following matters:
1. Basic direction-settings for repair, etc. of cultural heritage;
2. Measures to assure the quality of repair, etc. of cultural heritage;
3. Matters concerning technological promotion of repair, etc. of cultural heritage;
4. Other matters necessary for repair, etc. of cultural heritage.
(2) If needs arise for a formulation of a master plan, the Administrator of the Cultural Heritage Administration may request the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors or Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") to submit data on the repair, etc. of cultural heritage located in their jurisdictions. <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
(3) Pursuant to Article 4 (3) of the Act, Mayors/Do Governors shall formulate a detailed implementation plan within one year after they receive notification on a master plan and submit it to the Administrator of the Cultural Heritage Administration.
 Article 4 (Restrictions on Repair of Cultural Heritage)
(1) "Minor repairs prescribed by Presidential Decree that do not influence the preservation of relevant cultural heritage" under the proviso to Article 5 (1) of the Act shall be as listed in attached Table 1.
(2) "Structures prescribed by Presidential Decree" under Article 5 (2) of the Act are structures the main structure of which is a reinforced concrete structure, steel structure or steel framed reinforced concrete structure. <Amended by Presidential Decree No. 25854, Dec. 16, 2014>
(3) "Institutions prescribed by Presidential Decree" under Article 5 (3) of the Act shall mean any of the following institutions: Provided, That the foregoing shall be applicable to the institutions under subparagraphs 2 through 4 only in cases of repair of movable cultural heritage: <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
1. Cultural Heritage Administration;
2. National Museum of Korea;
3. National Museum of Modern and Contemporary Art, Korea;
4. National Folk Museum of Korea;
5. Korea Foundation for the Traditional Architecture and Technology established pursuant to Article 41-2 of the Act (hereinafter referred to as "Foundation").
 Article 5 (Restrictions on On-Site Survey and Design for Repair of Cultural Heritage)
(1) "On-site survey and design for minor repairs of cultural heritage or the field of protection of plants or movable cultural heritage, which is prescribed by Presidential Decree" in the proviso to Article 5 (5) of the Act means any of the following: <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
1. On-site survey and design for minor repairs of cultural heritage: An on-site survey and design for minor repairs of cultural heritage specified in attached Table 1;
2. Protection of plants:
(a) Disease and insect control, plant surgery and soil improvement for the conservation and protection of plants;
(b) Installation of protective facilities and environmental improvement for the conservation and protection of plants;
3. Movable cultural heritage:
(a) Taxidermy and specimen production;
(b) Sculpture;
(c) Picture mounting;
(d) Lacquering;
(e) Plating;
(f) Mimesis.
(2) Where an on-site cultural heritage survey and design business entity intends to conduct any of the following on-site cultural heritage survey and design, the business entity shall have a landscape architect under subparagraph 4 of attached Table 2 conduct it:
1. Where the proportion of landscape occupies at least 20/100 among the whole survey and design for the repair of cultural heritage;
2. Where the estimated cost for landscape among the whole survey and design for the repair of cultural heritage is at least five million won.
 Article 6 (Public Notification of Standards for Repair, etc. of Cultural Heritage)
Where the Administrator of the Cultural Heritage Administration sets, changes or repeals standards necessary for the repair, etc. of cultural heritage under any subparagraph of Article 7 of the Act, he/she shall publish the details in the Official Gazette.
 Article 7 (Implementation of Qualifying Examination for Cultural Heritage Repair Engineers, Public Announcement thereof, etc.)
(1) The Administrator of the Cultural Heritage Administration shall implement an examination to qualify as a cultural heritage repair engineer under Article 8 (1) of the Act at least once a year: Provided, That where implementation of an examination is not reasonable in consideration of demand for and supply of cultural heritage repair engineers, etc., he/she may choose not to implement an examination for the relevant year.
(2) Where the Administrator of the Cultural Heritage Administration intends to implement an examination to qualify as a cultural heritage repair engineer under the main sentence of paragraph (1), he/she shall publicly announce the following matters on the wet-site of the relevant examination implementing agency not later than 90 days before the examination so that all the applicants can be aware of the matters: <Amended by Presidential Decree No. 23759, May 1, 2012; Presidential Decree No. 28178, Jul. 11, 2017>
1. Eligibility to take a qualifying examination;
2. Date, time and place of examination;
3. Examination subjects;
4. Date, time, method and place of announcement of successful applicants;
5. Period and place of issuance of application forms, and period and place of acceptance of application forms;
6. Other matters necessary for the implementation of examination.
(3) A person (including a person who intends to be exempted from written examination, in full or in part, pursuant to the proviso to Article 8 (3) of the Act and Article 8 (4) of the Act) who intends to apply for an examination to qualify as a cultural heritage repair engineer shall submit an application form accompanied by necessary documents as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism to the Administrator of the Cultural Heritage Administration.
 Article 8 (Types of Cultural Heritage Repair Engineer, Scope of Duties and Eligibility to Take Qualifying Examination)
(1) The types of cultural heritage repair engineers and scope of duties under Article 8 (2) of the Act shall be as listed in attached Table 2.
(2) A person who intends to apply for an examination to qualify as a cultural heritage repair engineer (excluding on-site cultural heritage survey and design engineers) under Article 8 (5) of the Act shall meet any of the following requirements: <Amended by Presidential Decree No. 25854, Dec. 16. 2014>
1. He/she shall have served in the field of repair of cultural heritage for at least one year;
2. He/she shall have graduated from a middle school under the Elementary and Secondary Education Act or be deemed to have an academic background equivalent thereto or higher;
3. He/she shall have obtained the qualification of a technician under the National Technical Qualifications Act or higher;
4. He/she shall be a cultural heritage repair technician.
 Article 9 (Subjects of Qualifying Examination for Cultural Heritage Repair Engineers, Methods thereof, etc.)
(1) The written examination to qualify as a cultural heritage repair engineer referred to in Article 8 (3) of the Act shall consist of multiple-choice objective examination and essay-type subjective examination.
(2) The subjects of a written examination under paragraph (1) and methods of examination shall be as listed in attached Table 4.
(3) Part of the subjects of an examination to qualify as a cultural heritage repair engineer that a person under the proviso to Article 8 (3) of the Act is exempted from taking shall be as listed in attached Table 5.
(4) A person who passes a written examination under the main sentence of Article 8 (3) of the Act or a person who is exempted from written examination pursuant to Article 8 (4) of the Act shall be allowed to take an oral examination.
(5) The following matters shall be evaluated in an oral examination under the main sentence of Article 8 (3) of the Act:
1. Expert knowledge in the relevant technology and capability of practical application;
2. Understanding of history and cultural heritage;
3. Awareness of sense of duty and role as a cultural heritage repair engineer;
4. Proper vocational ethics.
 Article 9 (Subjects of Qualifying Examination for Cultural Heritage Repair Engineers, Methods thereof, etc.)
(1) The written examination to qualify as a cultural heritage repair engineer referred to in Article 8 (3) of the Act shall consist of multiple-choice objective examination and essay-type subjective examination.
(2) The subjects of a written examination referred to in paragraph (1) and methods of examination shall be as listed in attached Table 4: Provided, That Korean history among the subjects of a written examination listed in attached Table 4 shall be replaced by the Korean History Proficiency Test specified in attached Table 4-2. <Amended by Presidential Decree No. 28178, Jul. 11, 2017>
(3) Part of the subjects of an examination to qualify as a cultural heritage repair engineer that a person under the proviso to Article 8 (3) of the Act is exempted from taking shall be as listed in attached Table 5.
(4) A person who passes a written examination under the main sentence of Article 8 (3) of the Act or a person who is exempted from written examination pursuant to Article 8 (4) of the Act shall be allowed to take an oral examination.
(5) The following matters shall be evaluated in an oral examination under the main sentence of Article 8 (3) of the Act:
1. Expert knowledge in the relevant technology and capability of practical application;
2. Understanding of history and cultural heritage;
3. Awareness of sense of duty and role as a cultural heritage repair engineer;
4. Proper vocational ethics.
<<Enforcement Date: Jul. 12, 2019>> The proviso to Article 9 (2)
 Article 10 (Determination, etc. of Successful Applicants for Cultural Heritage Engineers)
(1) The perfect score on each subject of a written qualifying examination for cultural heritage repair engineers under the main sentence of Article 8 (3) of the Act shall be 100 points, and a successful applicant shall score a minimum of 40 points on each subject and achieve an average mark of at least 60 points on all subjects.
(2) Each interviewer can award a maximum of 100 points for an oral qualifying examination for cultural heritage repair engineers under the main sentence of Article 8 (3) of the Act, and a successful applicant shall score a minimum of 40 points from each interviewer and achieve an average mark of at least 60 points from all interviewers.
(3) When successful applicants are determined at last, the Administrator of the Cultural Heritage Administration shall notify such fact using a method by which all the applicants know who are successful.
 Article 10 (Determination, etc. of Successful Applicants for Cultural Heritage Engineers)
(1) The perfect score on each subject of a written qualifying examination for cultural heritage repair engineers under the main sentence of Article 8 (3) of the Act shall be 100 points, and a successful applicant shall score a minimum of 40 points on each subject and achieve an average mark of at least 60 points on all subjects except for Korean history, among persons who achieve at least the standard score in the Korean History Proficiency Test specified in attached Table 4-2. <Amended by Presidential Decree No. 28178, Jul. 11, 2017>
(2) Each interviewer can award a maximum of 100 points for an oral qualifying examination for cultural heritage repair engineers under the main sentence of Article 8 (3) of the Act, and a successful applicant shall score a minimum of 40 points from each interviewer and achieve an average mark of at least 60 points from all interviewers.
(3) When successful applicants are determined at last, the Administrator of the Cultural Heritage Administration shall notify such fact using a method by which all the applicants know who are successful.
<<Enforcement Date: Jul. 12, 2019>> Article 10 (1)
 Article 11 (Examination to Qualify as Cultural Heritage Repair Technician)
(1) The Administrator of the Cultural Heritage Administration shall implement an examination to qualify as cultural heritage technician under Article 11 (1) of the Act at least once a year: Provided, That where implementation of an examination is not reasonable in consideration of demand for and supply of cultural heritage repair technicians, etc., he/she may choose not to implement an examination for the relevant year.
(2) The types of cultural heritage repair technicians and scope of duties under Article 11 (2) of the Act shall be as listed in attached Table 6.
(3) The performance examination to qualify as cultural heritage technician under Article 11 (3) of the Act shall be implemented by a method by which competency is examined according to the types of cultural heritage technicians, and each examiner can award a maximum of 100 points for a performance examination to quality as cultural heritage repair technician under Article 11 (3) of the Act, and a successful applicant shall score a minimum of 40 points from each examiner and achieve an average mark of at least 60 points from all examiners.
(4) Each interviewer can award a maximum of 100 points for an oral examination to qualify as cultural heritage repair engineer under Article 11 (3) of the Act, and a successful applicant shall score a minimum of 40 points from each interviewer and achieve an average mark of at least 60 points from all interviewers.
(5) Articles 7 (2) and (3), 9 (5) and 10 (3) shall apply mutatis mutandis to the public announcement of an examination to qualify as cultural heritage technician under Article 11 (4) of the Act, application forms, evaluation of an oral examination and public announcement of successful applicants, respectively.
 Article 11 (Examination to Qualify as Cultural Heritage Repair Technician)
(1) The Administrator of the Cultural Heritage Administration shall implement an examination to qualify as a cultural heritage technician under Article 11 (1) of the Act at least once a year: Provided, That where implementation of an examination is not reasonable in consideration of demand for and supply of cultural heritage repair technicians, etc., he/she may choose not to implement an examination for the relevant year.
(2) The types of cultural heritage repair technicians and scope of duties under Article 11 (2) of the Act shall be as listed in attached Table 6.
(3) The examination to qualify as a cultural heritage repair technician referred to in Article 11 (3) of the Act shall consist of a performance examination to examine competency according to the types of cultural heritage repair technicians and an oral examination to assess their expertise in the relevant field, application ability, etc. <Amended by Presidential Decree No. 28178, Jul. 11, 2017>
(4) A successful applicant for the examination to qualify as a cultural heritage repair technician referred to in Article 11 (3) of the Act shall meet all the following criteria and score an average of at least 60 points on the total of the performance examination and oral examination: <Amended by Presidential Decree No. 28178, Jul. 11, 2017>
1. Passing criteria for the performance examination: A minimum of 30 points from each examiner who can award a maximum of 70 points;
2. Passing criteria for the oral examination: A minimum of 10 points from each interviewer who can award a maximum of 30 points.
(5) Articles 7 (2) and (3), 9 (5) and 10 (3) shall apply mutatis mutandis to the public announcement of an examination to qualify as cultural heritage technician under Article 11 (4) of the Act, application forms, evaluation of an oral examination and public announcement of successful applicants, respectively.
<<Enforcement Date: July 12, 2019>> Article 11 (3) and (4)
 Article 11-2 (Education for Recognizing Qualifications of Cultural Heritage Repair Technicians)
(1) A person who holds qualifications in the field of repair of cultural heritage referred to in the proviso to Article 11 (1) of the Act shall be deemed to have passed the relevant examination to qualify as a cultural heritage repair technician only when he/she completes at least eight hours of professional education pursuant to Article 28 (2).
(2) The Administrator of the Cultural Heritage Administration shall issue a certificate of education prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and a certificate of a cultural heritage repair technician referred to in Article 12 of the Act, to a person who has completed education under paragraph (1).
(3) Expenses incurred in relation to the education referred to in paragraph (1) shall be borne by a person who receives the education.
[This Article Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017]
 Article 12 (Requirements for Registration of Cultural Heritage Repair Business, etc.)
(1) The requirements for registration of cultural heritage repair business, on-site cultural heritage survey and design business or cultural heritage supervision business (hereinafter referred to as "cultural heritage repair business, etc.") shall be as listed in the following: <Amended by Presidential Decree No. 24676, Jul. 30, 2013; Presidential Decree No. 25854, Dec. 16. 2014>
1. It shall have the technological capabilities, capital (referring to the appraised value of asset provided to the cultural heritage repair business, etc. in cases of an individual; hereinafter the same shall apply) and facilities prescribed in attached Table 7;
2. A confirmation document evidencing that a security worth of at least 20/100 of the base amount of the capital prescribed in subparagraph 1 is provided or cash equivalent thereto is deposited or contributed, which is verified and issued by any of the following institutions, shall be submitted:
(a) The Cultural Heritage Conservation Committee under Article 42 of the Act;
(b) Banks designated by the Administrator of the Cultural Heritage Administration from among banks defined in the Banking Act;
(c) Insurance companies designated by the Administrator of the Cultural Heritage Administration from among insurance companies defined in the Insurance Business Act;
(d) Mutual-aid associations under Article 54 of the Framework Act on the Construction Industry (limited to where an entity intending to register cultural heritage repair business, etc. is a member);
3. Where it is designated as an inappropriate business pursuant to the Act on Contracts to which the State Is a Party or the Act on Contracts to which a Local Government Is a Party and thus its qualification for participation in a bidding is restricted, the period of restriction shall have ended;
4. Where it is issued disposition of suspension of business pursuant to Article 49 (1) of the Act, the period of suspension of business shall have ended;
5. In cases of an on-site cultural heritage survey and design business entity (referring to the representative in cases of a corporation), it shall be the person who is an on-site cultural heritage survey and design engineer from among cultural heritage repair engineers and has reported the establishment of an architectural firm pursuant to Article 23 of the Certified Architects Act.
(2) "Important matters prescribed by Presidential Decree" under Article 14 (2) of the Act shall mean the following:
1. Company name;
2. Representative;
3. Address of main business office;
4. Current state of cultural heritage repair engineers and cultural heritage repair technicians on the payroll.
 Article 13 (Types of Cultural Heritage Repair Business and Scope of Duties)
The types of general cultural heritage repair business and special cultural heritage repair business under Article 16 (2) and (3) of the Act and the scope of duties shall be as listed in attached Table 8.
 Article 14 (Scope, etc. of Appurtenant Repair of Cultural Heritage)
"Minor part prescribed by Presidential Decree" under Article 16 (4) of the Act shall mean any of the following: <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
1. Appurtenant repair of cultural heritage the necessity for which arises as the principal repair of cultural heritage is being or to be implemented;
2. Where at least two specialized fields of repair of cultural heritage are mixed, and the total estimated amount of which is less than 100 million won, and the estimated amount of repair of cultural heritage for the principal part is at least 1/2 of the estimated amount of whole repair of cultural heritage, the repair of cultural heritage for the rest part;
3. Repair of cultural heritage for which the estimated amount of appurtenant repair of cultural heritage is less than 20 million won.
 Article 15 (Contents of Contract)
(1) "Matters prescribed by Presidential Decree" under Article 24 (2) of the Act shall mean the following:
1. Concrete details of the repair, etc. of cultural heritage;
2. Time to commence the repair, etc. of cultural heritage and time of completion;
3. Where advance payment of contract amount or progress payment is specified in the contract, the time, method and amount of respective payment;
4. Matters concerning taking responsibility for loss if the repair, etc. of cultural heritage are suspended, the contract is revoked, or a natural disaster occurs;
5. Matters concerning change in contract amount or change in the details of repair, etc. of cultural heritage due to change of design, price fluctuation, etc.;
6. Matters concerning payment of funds for occupational safety and health management under Article 30 of the Occupational Safety and Health Act;
7. Matters concerning industrial accident compensation insurance premiums under the Industrial Accident Compensation Insurance Act, employment insurance premiums under the Employment Insurance Act, various charges for which a party takes responsibility pursuant to statutes with regard to the repair, etc. of cultural heritage, and methods of taking responsibility therefor;
8. Methods of disposing of and recycling the wastes occurring from the relevant repair, etc. of cultural heritage;
9. Inspection for the delivery of the object of a contract and time of delivery;
10. Time to pay contract amount after completion of repair, etc. of cultural heritage;
11. Matters concerning compensation for loss, such as payment of penalty for breach of a contract, interest for arrears in cases of a delay in the implementation of a contract;
12. Warranty period and warranty methods;
13. Other matters to be specified according to statutes or an agreement by both parties.
(2) To make both parties conclude a fair contract on equal terms, the Administrator of the Cultural Heritage Administration may set and disseminate a standard contract form or a standard subcontract form for the repair, etc. of cultural heritage (referring to a standard subcontract form for the repair of cultural heritage as recommended by the Fair Trade Commission pursuant to the Fair Transactions in Subcontracting Act in cases of a subcontract).
 Article 16 (Notification of Subcontracts)
(1) The notification under Article 25 (2) of the Act shall be made within 30 days from the date a subcontract is concluded, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. The same shall apply to the modification or revocation of a subcontract.
(2) Where a general cultural heritage repair business entity being given a subcontract for the repair of cultural heritage over which a cultural heritage supervision business entity conducts supervision makes notification to a cultural heritage business entity by the deadline under paragraph (1), the notification shall be deemed to be made to the person placing the contract.
 Article 16-2 (Examination, etc. of Reasonableness of Subcontracts)
(1) "Where the subcontract amount is short of the amount according to the proportion prescribed by Presidential Decree" in Article 25-2 (1) 2 of the Act means any of the following cases:
1. Where the subcontract amount is less than 82/100 of the amount equivalent to the subcontracted portion (referring to the amount calculated based on the agreed unit price (including direct and indirect labor costs, material costs, and expenses) on a contract amount calculation sheet prepared by the relevant contractor for the portion of repair of cultural heritage to be subcontracted, which includes overhead expenses, profits, and value added tax; and excluding both the material costs the contractor directly pays to the subcontractor and the amount borne by the contractor pursuant to the relevant statutes), out of the contract amount;
2. Where the subcontract amount is less than 70/100 of the estimated price of the subcontracted portion set by the person placing the relevant contract.
(2) Where a person placing a contract intends to request the contractor to change the subcontractor or amend the details of the relevant subcontract pursuant to Article 25-2 (2) of the Act, he/she shall do so in writing, within 30 days from the date he/she is notified of the conclusion of the subcontract pursuant to Article 16 (1) or the date he/she becomes aware of the grounds for the change or amendment.
(3) The Administrator of the Cultural Heritage Administration shall determine and publicly notify the criteria for examining the capability of a subcontractor to repair cultural heritage, reasonableness, etc. of the details of a subcontract under Article 25-2 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017]
<<Enforcement Date: Feb. 4, 2019>>
 Article 17 (Request for Change of Subcontractor)
Where a person placing a contract intends to request the change of a subcontractor pursuant to Article 32 (1) of the Act, he/she shall make a written request within 15 days from the day he/she perceives the existence of reasons therefor or within 30 from the day reasons begin to exist.
 Article 18 (Standards, etc. for Posting Cultural Heritage Repair Engineers to Sites)
(1) Pursuant to Article 33 (1) of the Act, a cultural heritage repair business entity (including the Foundation; hereinafter in this Article, the same shall apply) shall post a cultural heritage repair engineer conforming to the following standards and corresponding to the type of repair of cultural heritage to the site of repair of cultural heritage simultaneously with the commencement of repair of cultural heritage: Provided, That where the parties to a contract set stricter standards for the type, work experience and the number of cultural heritage engineers to be posted to the site of repair of cultural heritage in consideration of the importance and characteristics of the repair of cultural heritage, such standards shall apply: <Amended by Presidential Decree No. 25854, Dec. 16. 2014; Presidential Decree No. 27774, Jan. 10, 2017>
1. In cases of repair of cultural heritage falling under subparagraph 1 (a) or (b) of Article 2 of the Act, the estimated cost for which is at least one billion won: A person in the relevant service for at least seven years after obtaining the qualification of a cultural heritage engineer;
2. In cases of repair of cultural heritage falling under subparagraph 1 (c) of Article 2 of the Act, the estimated cost for which is at least three billion won: A person in the relevant service for at least five years after obtaining the qualification of a cultural heritage engineer;
3. In cases of repair of cultural heritage falling under subparagraph 1 (c) of Article 2 of the Act, the estimated cost for which is between two and three billion won: A person in the relevant service for at least three years after obtaining the qualification of a cultural heritage engineer;
4. In cases of repair of cultural heritage other than those prescribed in subparagraphs 1 through 3: A person who has obtained the qualification of a cultural heritage engineer.
(2) In cases of repair of cultural heritage in which at least two types of specialized fields are mixed, cultural heritage repair engineers in the field that occupies higher proportion among the amount of repair of cultural heritage shall be posted when cultural heritage repair engineers are to be posted pursuant to paragraph (1).
(3) Pursuant to the proviso to Article 33 (1) of the Act, a cultural heritage repair business entity may post one cultural heritage repair engineer to less than three sites of repair of cultural heritage (sites on which repair of cultural heritage is temporarily suspended and sites on which disease and insect control is performed as specified in the duties of a plant protection engineer under subparagraph 6 of attached Table 2 shall be excluded from the calculation of the number of sites) with the consent of the person placing the contract to the extent that no impediment arises to the quality and safety of repair of cultural heritage: Provided, That where the repair of cultural heritage under a negotiated contract under Article 26 (1) 5 (a) of the Enforcement Decree of the Act on Contracts to which the State Is a Party or under Article 25 (1) 5 of the Enforcement Decree of the Act on Contracts to which a Local Government Is a Party or the repair of cultural heritage falling under subparagraph 1 (c) of Article 2 of the Act, the estimated cost for which is less than 50 million won is included, it may post a cultural heritage repair engineer to less than five sites of repair of cultural heritage (sites on which repair of cultural heritage is temporarily suspended and sites on which disease and insect control is performed as specified in the duties of a plant protection engineer under subparagraph 6 of attached Table 2 shall be excluded from the calculation of the number of sites). <Amended by Presidential Decree No. 25854, Dec. 16. 2014>
(4) When a cultural heritage repair business entity posts cultural heritage repair engineers to the site of repair of cultural heritage pursuant to Article 33 (1) of the Act, it shall receive confirmation from the person placing the contract on the details of posting as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 19 (Warranty Period)
The warranty period by types of repair of cultural heritage under Article 35 (1) of the Act shall be as listed in attached Table 9.
 Article 19-2 (Grounds for Extending Period for Submitting Reports on Repair of Cultural Heritage)
"Where extenuating circumstances prescribed by Presidential Decree exist" in the proviso to Article 36 (1) of the Act means any of the following:
1. Where any design is modified within 30 days from the completion date of the repair of cultural heritage;
2. Where a cultural heritage repair business entity or a cultural heritage repair engineer assigned to the site of repair of cultural heritage is changed within 60 days from the completion date of the repair of cultural heritage;
3. Any of the following circumstances where the person placing a contract deems it necessary to extend the period:
(a) Where the level of difficulties of preparing drawings of on-site survey and design or completion drawings is very high;
(b) Where the findings from research or inspections conducted in the course of repairing cultural heritage must be reflected in a report on the repair of cultural heritage.
[This Article Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017]
 Article 19-3 (Details, etc. of Reports on Repair of Cultural Heritage)
(1) "Matters prescribed by Presidential Decree, such as the status of cultural heritage to be repaired and completion drawings" in Article 36 (4) of the Act means the following:
1. Status of cultural heritage to be repaired, such as the history, structure, style, preservation state, and surroundings of such cultural heritage;
2. Details of the repair of cultural heritage;
3. Matters concerning technical advice necessary for repairing cultural heritage;
4. Matters concerning modification of design of cultural heritage;
5. Drawings of on-site survey and design as well as completion drawings;
6. Any other matters prescribed and publicly notified by the Administrator of the Cultural Heritage Administration, as deemed necessary to document the repair of cultural heritage.
(2) A report on the repair of cultural heritage referred to in paragraph (1) shall be accompanied by an electronic version of the report.
[This Article Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017]
 Article 20 (Repair of Cultural Heritage Subject to Supervision, etc.)
(1) The repair of cultural heritage subject to general supervision by a cultural heritage supervision business entity under Article 38 (1) of the Act shall be as listed hereunder: <Amended by Presidential Decree No. 25854, Dec. 16. 2014; Presidential Decree No. 27774, Jan. 10, 2017>
1. In cases falling under subparagraph 1 (a) or (b) of Article 2 of the Act: Repair of cultural heritage, the estimated amount of which is at least 300 million won: Provided, That movable cultural heritage shall be excluded;
2. In cases falling under subparagraph 1 (c) of Article 2 of the Act: Repair of cultural heritage, the estimated amount of which is at least 500 million won;
3. Repair of cultural heritage, other than that specified in subparagraph 1 or 2, which is separately determined and publicly notified by the Administrator of the Cultural Heritage Administration deeming general supervision of the repair of the cultural heritage necessary as it has significance in historical, academic, scenic, or architectural values.
(2) Notwithstanding paragraph (1), any of the following repairs of cultural heritage, among the repairs of cultural heritage the contract for which is placed by an institution prescribed by Ordinance of Ministry of Culture, Sports and Tourism, shall be subject to responsible supervision: <Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017>
1. In cases falling under subparagraph 1 (a) or (b) of Article 2 of the Act: Repair of cultural heritage, the estimated amount of which is at least three billion won: Provided, That this shall not apply to movable cultural heritage;
2. In cases falling under subparagraph 1 (c) of Article 2 of the Act: Repair of cultural heritage, the estimated amount of which is at least five billion won;
3. Repair of cultural heritage, other than that specified in subparagraph 1 or 2, for which the person placing a contract deems responsible supervision necessary as it has significance in historical, academic, scenic, or architectural values.
(3) "Repair of cultural heritage prescribed by Presidential Decree" in Article 38 (2) of the Act means the repair of cultural heritage determined by the Administrator of the Cultural Heritage Administration after deliberation by the Cultural Heritage Committee established pursuant to Article 8 of the Cultural Heritage Protection Act, among the repairs of designated cultural heritage defined in Article 2 (2) of the same Act. <Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017>
<<Enforcement Date: Feb. 4, 2019>> Article 20 (limited to the provisions concerning responsible supervision)
 Article 21 (Scope of Duties of Cultural Heritage Supervisors)
(1) Cultural heritage supervisors who conduct general supervision over the repair of cultural heritage pursuant to Article 38 (4) of the Act shall be classified into resident cultural heritage supervisors and non-resident cultural heritage supervisors as listed hereunder, and the scope of their duties shall be as specified in attached Table 10: <Amended by Presidential Decree No. 25854, Dec. 16. 2014; Presidential Decree No. 27774, Jan. 10, 2017>
1. Resident cultural heritage supervisor: A cultural heritage supervisor who resides in and conducts supervision over one site of repair of cultural heritage;
2. Non-resident cultural heritage supervisor: A cultural heritage supervisor who conducts supervision over a site of repair of cultural heritage occasionally or when needs arise, but does not reside in the site. In such case, one non-resident cultural heritage supervisor may conduct supervision over not more than five sites of repair of cultural heritage as he/she does not reside in such sites.
(2) The scope of duties of a cultural heritage supervisor who conducts responsible supervision pursuant to Article 38 (4) of the Act shall be as specified in attached Table 10-2. <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
(3) The Administrator of the Cultural Heritage Administration may determine and publicly notify detailed standards necessary for the methods of implementing supervision, procedures therefor, etc. so that cultural heritage supervision entities and cultural heritage supervisors may perform such duties efficiently.
<<Enforcement Date: Feb. 4, 2019>> Article 21 (limited to the provisions concerning responsible supervision)
 Article 22 (Posting, etc. of Cultural Heritage Supervisors)
(1) Where a cultural heritage supervision business entity (including the Foundation; hereinafter in this Article, the same shall apply) conducts general supervision, he/she shall post cultural heritage supervisors to the sites of repair of cultural heritage in compliance with the following standards pursuant to Article 38 (4) of the Act: <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
1. A resident cultural heritage supervisor or a non-resident cultural heritage supervisor shall be posted in compliance with the standards for posting cultural heritage supervisors specified in attached Table 11;
2. A cultural heritage supervisor appropriate for the type of repair of cultural heritage shall be posted: Provided, That where at least two types of repair of cultural heritage are combined, a cultural heritage supervisor appropriate for the type of repair of cultural heritage, which occupies a higher proportion out of the amount of repair of cultural heritage, shall be posted;
3. While a resident cultural heritage supervisor is conducting supervision, he/she shall not be redundantly posted to another site of repair of cultural heritage.
(2) Where a cultural heritage supervision business entity conducts responsible supervision, he/she shall post cultural heritage supervisors to the sites of repair of cultural heritage in compliance with the following standards pursuant to Article 38 (4) of the Act: <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
1. At least one cultural heritage supervisor appropriate for the type of repair of cultural heritage, who meets the requirements determined by Ordinance of the Ministry of Culture, Sports and Tourism, shall be posted continuously during the period for repair of cultural heritage: Provided, That where at least two types of repair of cultural heritage are combined, a cultural heritage supervisor appropriate for the type of repair of cultural heritage, which occupies a higher proportion out of the amount of repair of cultural heritage, shall be posted;
2. Where at least two types of repair of cultural heritage are combined, at least one cultural heritage supervisor for each type of repair of cultural heritage shall be posted continuously during the period for the relevant type of repair of cultural heritage, in addition to cultural heritage supervisors posted pursuant to subparagraph 1;
3. While a cultural heritage supervisor posted pursuant to subparagraph 1 or 2 is conducting supervision, he/she shall not be redundantly posted to another site of repair of cultural heritage.
(3) Where a person placing a contract deems that a cultural heritage supervisor already posted or to be posted is not appropriate for performing supervision over the repair of relevant cultural heritage, he/she may clearly state the reason and request the cultural heritage supervision business entity to change the cultural heritage supervisor, and where a cultural heritage supervision entity voluntarily changes a cultural heritage supervisor, it shall obtain approval from the person placing the contract in advance.
(4) Where a cultural heritage supervisor leaves the site of repair of cultural heritage as he/she receives professional education prescribed in Article 53 of the Act or education prescribed in the Framework Act on Civil Defense or the Reserve Forces Act while he/she conducts supervision over the repair of cultural heritage or is on a paid leave, the cultural heritage supervision business entity shall take measures so that the supervision of repair of cultural heritage is not obstructed, and the person placing the contract shall pay the cost for supervision for the period during which the cultural heritage supervisor receives the education. <Amended by Presidential Decree No. 27619, Nov. 29, 2016; Presidential Decree No. 27774, Jan. 10, 2017>
(5) A cultural heritage supervisor posted to a site of repair of cultural heritage shall record and preserve a supervision journal, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(6) The Administrator of the Cultural Heritage Administration may determine and publicly notify detailed standards necessary for posting cultural heritage supervisors.
<<Enforcement Date: Feb. 4, 2019>> Article 22 (limited to the provisions concerning responsible supervision)
 Article 22-2 (Submission of Supervision Reports)
The final supervision report a person placing a contract submits to the Administrator of the Cultural Heritage Administration or the competent Mayor/Do Governor pursuant to Article 38 (6) of the Act shall be accompanied by an electronic version of the report.
[This Article Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017]
<<Enforcement Date: Feb. 4, 2019>> Article 22-2 (limited to the provisions concerning responsible supervision)
 Article 23 (Orders, etc. of Reimplementation by Cultural Heritage Supervisors)
(1) Where a person placing a contract is notified of a reimplementation order, suspension order, etc. issued by a cultural heritage supervisor pursuant to Article 39 (4) of the Act, he/she shall examine the details, and take necessary measures, such as verification whether to make rectification, instruction to resume the repair of cultural heritage, etc.
(2) For reasons of issuing a reimplementation order, suspension order, etc. by a cultural heritage supervisor under Article 39 of the Act, the person placing the contract shall not change the cultural heritage supervisor, refuse the cultural heritage supervisor to be posted to the site all the time, refuse to pay or delay in making payment for supervision or issue unfavorable disposition to the cultural heritage supervisor.
 Article 24 (Restrictions on Supervision)
"Where the relationship between the two of them is as that of a parent company and a subsidiary, which is prescribed by Presidential Decree" under subparagraph 1 of Article 41 of the Act shall mean a case falling under subparagraph 2 of Article 2 of the Monopoly Regulation and Fair Trade Act.
 Article 24-2 (Projects to Repair Cultural Heritage by Foundation)
"Cases prescribed by Presidential Decree" in Article 41-2 (1) 4 of the Act means cases where the Administrator of the Cultural Heritage Administration has requested the Foundation to perform the repair of any State-designated cultural heritage defined in Article 2 (2) 1 of the Cultural Heritage Protection Act, subject to deliberation by the Cultural Heritage Committee established pursuant to Article 8 of the same Act.
[This Article Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017]
 Article 25 (Matters to be Specified in Articles of Association of Cultural Heritage Conservation Association)
The following matters shall be specified in the articles of association of the Cultural Heritage Conservation Association (hereinafter referred to as "Cultural Heritage Conservation Association") under Article 42 (1) of the Act:
1. Objectives;
2. Name;
3. Address of main office;
4. Matters concerning qualification of members, entry and withdrawal, rights and duties;
5. Matters concerning plenary meetings;
6. Matters concerning directors' meetings, chapters, branches and committees;
7. Matters concerning executives;
8. Matters concerning asset and accounting;
9. Matters concerning amendment of articles of association;
10. Matters concerning dissolution and handling of remaining property;
11. Matters concerning duties and execution thereof;
12. Other matters necessary for repair, etc. of cultural heritage, operation of the Cultural Heritage Conservation Association, etc.
 Article 26 (Mutual-Aid Projects, etc. of Cultural Heritage Conservation Association)
(1) The scope of mutual-aid projects of the Cultural Heritage Conservation Association under Article 42 (5) of the Act shall be as listed hereunder:
1. Bid guarantee, contract guarantee (including performance guarantee), indemnity, advance payment guarantee and security deposit for defects for implementation of duties by members;
2. Mutual-aid projects for financing for members.
(2) Where the Cultural Heritage Conservation Association intends to perform mutual-aid projects under paragraph (1), it shall enact mutual-aid regulations and obtain approval from the Administrator of the Cultural Heritage Administration. The same shall apply to the amendment of mutual-aid regulations.
(3) The mutual-aid regulations referred to in paragraph (2) shall include matters necessary for the operation of mutual-aid projects, such as the details of mutual-aid contracts, mutual-aid benefits, fees for mutual-aid, etc.
(4) Where the Administrator of the Cultural Heritage Administration intends to grant approval for mutual-aid regulations pursuant to paragraph (2) or to prescribe standards for the supervision of mutual-aid projects, he/she shall consult with the Financial Services Commission in advance.
(5) The Administrator of the Cultural Heritage Administration may request the Governor of the Financial Supervisory Service defined in the Act on the Establishment, etc. of Financial Services Commission to examine mutual aid projects under paragraph (1).
(6) The Cultural Heritage Conservation Association shall submit a project plan and an income and expenditure budget before each fiscal year begins.
 Article 26-2 (Temporarily Falling Short of Requirements for Registration)
"Cases prescribed by Presidential Decree, such as where capital temporarily falls short of the requirements for registration, etc." under the proviso to Article 49 (1) 4 of the Act shall mean any of the following cases: <Amended by Presidential Decree No. 27115, Apr. 29, 2016>
1. Where any of the following is applicable when capital requirements under attached Table 7 are not met:
(a) Where a court decides on the commencement of rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act and the procedures are in progress;
(b) Where, pursuant to the Debtor Rehabilitation and Bankruptcy Act, a court deems that the implementation of a rehabilitation plan is not impeded, and thus decides to terminate rehabilitation procedures on the relevant cultural heritage repair business entity or cultural heritage supervision business entity and the rehabilitation plan is being implemented;
(c) Where a council of financial creditors resolves to commence a joint administrative proceeding implemented by the financial creditor association pursuant to the Corporate Restructuring Promotion Act, and the proceeding is in progress;
2. Where a corporation to which the proviso to Article 542-8 (1) of the Commercial Act is applicable falls below requirements for registration due to reduction of capital as at the end of the most recent business year, and the period is no more than 50 days.
[This Article Newly Inserted by Presidential Decree No. 25711, Nov. 11, 2014]
 Article 27 (Methods, etc. of Calculating Wages Excluded from Seizure)
(1) An amount equivalent to the wages under Article 50 (1) of the Act shall be calculated by aggregating the wages specified in the calculation statement among the contract amount of repair of relevant cultural heritage (including subcontract for the repair of cultural heritage).
(2) A person placing a contract (referring to a contractor in cases of a subcontract) shall specify the wages under paragraph (1) in the contract sheet (referring to a subcontract sheet in cases of a subcontract).
 Article 28 (Professional Education for Cultural Heritage Repair Engineers and Cultural Heritage Supervisors)
(1) Cultural heritage repair engineers affiliated with a cultural heritage repair business entity or an on-site cultural heritage survey and design business entity and cultural heritage supervisors affiliate with a cultural heritage supervision business entity shall receive professional education under Article 53 (1) of the Act. <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
(2) The details of professional education referred to in Article 53 (1) of the Act shall be as listed hereunder: <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
1. Education to increase understanding of knowledge that cultural heritage repair engineers and cultural heritage supervisors are required to possess, and understanding of knowledge in the relevant statutes, system, etc.;
2. Education to increase specialized capabilities in the relevant fields.
(3) Cultural heritage repair engineers and cultural heritage supervisors referred to in paragraph (1) shall receive professional education according to the following classifications: <Amended by Presidential Decree No. 27774, Jan. 10, 2017; Presidential Decree No. 28178, Jul. 11, 2017>
1. Cultural heritage repair engineers:
(a) They shall receive professional education within three years from the day they are affiliated with a cultural heritage repair business entity or an on-site cultural heritage survey and design business entity and have actually performed the relevant duties;
(b) They shall receive professional education within five years and six months from the day they are affiliated with a cultural heritage repair business entity or an on-site cultural heritage survey and design business entity after they have received the education under item (a) or the immediately proceeding professional education, and have actually performed the relevant duties.
2. Cultural heritage supervisors:
(a) They shall receive professional education within three years from the day they are affiliated with a cultural heritage supervision business entity and have actually performed the relevant duties;
(b) They shall receive professional education within five years and six months from the day they are affiliated with a cultual heritage supervision business entity after they have received the education under item (a) or the immediately proceeding professional education, and have actually performed the relevant duties.
(4) The hours of professional education referred to in paragraph (3) shall be at least 32 hours, respectively. <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
(5) As prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, the Administrator of the Cultural Heritage Administration shall issue an education completion certificate to cultural heritage repair engineers and cultural heritage supervisors who complete the professional education under paragraph (1), and record and confirm the completion of professional education on the certificates of cultural heritage repair engineers. <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
(6) Where the Administrator of the Cultural Heritage Administration intends to implement professional education, he/she shall publicly announce matters necessary for the implementation of education, such as the date and time of education, place of education, etc. on the website of the Cultural Heritage Administration not later than 60 days before education is implemented. <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
 Article 29 (Evaluation, etc. of Cultural Heritage Repair Business Entities)
(1) "Standards prescribed by Presidential Decree" under Article 54 (1) of the Act shall mean the standards according to the following classifications:
1. Repair of cultural heritage:
Repair of cultural heritage the cost for which is at least 500 million won in cases of designated cultural heritage prescribed in Article 2 (2) of the Cultural Heritage Protection Act and provisionally designated cultural heritage prescribed in Article 32 of the same Act;
2. On-site survey and design:
On-site cultural heritage survey and design the cost for which is at least 30 million won in cases of designated cultural heritage prescribed in Article 2 (2) of the Cultural Heritage Protection Act and provisionally designated cultural heritage prescribed in Article 32 of the same Act.
(2) Where the Administrator of the Cultural Heritage Administration or the heads of local governments designate an exemplary cultural heritage repair business entity or an exemplary on-site cultural heritage survey and design business entity pursuant to Article 54 (2) of the Act, they shall publicly announce the following matters in the Official Gazette:
1. A person placing a contract;
2. The name of an exemplary cultural heritage repair business entity or an exemplary on-site cultural heritage survey and design business entity, name of representative, registration number and address of workplace;
3. Date of designation and period of validity.
 Article 30 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 56 (1) of the Act, the Administrator of the Cultural Heritage Administration shall delegate the authority on the supplemental education of cultural heritage repair engineers and cultural heritage supervisors under Article 53 of the Act to the head of the Korea National University of Cultural Heritage established under the Act on the Establishment of the Korea National University of Cultural Heritage. <Amended by Presidential Decree No. 23943, Jul. 10, 2012>
(2) Pursuant to Article 56 (2) of the Act, the Administrator of the Cultural Heritage Administration shall entrust the following duties to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act:
1. Examinations to qualify as cultural heritage repair engineer under Article 8 of the Act;
2. Examinations to qualify as cultural heritage repair technician under Article 11 of the Act.
 Article 30 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 56 (1) of the Act, the Administrator of the Cultural Heritage Administration shall delegate the authority on the professional education for cultural heritage repair engineers and cultural heritage supervisors under Article 53 of the Act to the head of the Korea National University of Cultural Heritage established under the Act on the Establishment of the Korea National University of Cultural Heritage. <Amended by Presidential Decree No. 23943, Jul. 10, 2012; Presidential Decree No. 27774, Jan. 10, 2017>
(2) Pursuant to Article 56 (2) of the Act, the Administrator of the Cultural Heritage Administration shall entrust the following duties to the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act: <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
1. Implementing and managing examinations to qualify as cultural heritage repair engineers under Article 8 of the Act;
2. Implementing and managing examinations to qualify as cultural heritage repair technicians under Article 11 of the Act.
(3) The Administrator of the Cultural Heritage Administration shall entrust the following duties to the Cultural Heritage Conservation Association or relevant specialized institutions, organizations, etc. designated and publicly notified by the Administrator of the Cultural Heritage Administration pursuant to Article 56 (2) of the Act: <Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017>
1. Receiving reports, keeping and managing records, and issuing career certificates pursuant to Article 13-2 of the Act;
2. Evaluating and giving pubic notice of capability to repair cultural heritage, as well as receiving reports on the preceding year's results, etc. of repair of cultural heritage pursuant to Article 14-2 of the Act;
3. Managing and providing the information on cultural heritage repair business entities, etc., and establishing and operating a comprehensive cultural heritage repair information system pursuant to Article 14-3 of the Act;
4. Constructing and operating a database of reports on the repair of cultural heritage and supervision reports, and making it available to the public pursuant to Article 36 (5) of the Act.
(4) Where the Administrator of the Cultural Heritage Administration entrusts his/her duties pursuant to paragraph (3), he/she shall publicly notify the relevant institution entrusted therewith, the details, etc. of the entrusted duties. <Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017>
(5) An institution entrusted with the duties concerning evaluation and public notice of capability to repair cultural heritage specified in paragraph (3) 2 shall notify the Administrator of the Cultural Heritage Administration of the results of performance of the entrusted duties, within five days from the date such public notice is given. <Newly Inserted by Presidential Decree No. 27774, Jan. 10, 2017>
<<Enforcement Date: Feb. 4, 2019>> Article 30 (3), (4) and (5)
 Article 30-2 (Management of Personally Identifiable Information)
If it is inevitable in performing the following duties, the Administrator of the Cultural Heritage Administration (including the Human Resources Development Service of Korea, the Cultural Heritage Conservation Association, any specialized institutions, organizations, etc. designated and publicly notified by the Administrator of the Cultural Heritage Administration, which are entrusted with the authority of the Administrator of the Cultural Heritage Administration pursuant to Article 30 (2) or (3)) or Mayors/Do Governors may manage data including resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 27774, Jan. 10, 2017>
1. Duties concerning the examination to qualify as cultural heritage repair engineer and the issuance of a certificate under Articles 8 and 10 of the Act;
2. Duties concerning the examination to qualify as cultural heritage repair technician and the issuance of certificates under Articles 11 and 12 of the Act;
3. Duties concerning receiving reports, keeping and managing records, and issuing career certificates under Article 13-2 of the Act;
4. Duties concerning the registration of cultural heritage repair business entities, etc. under Article 14 of the Act;
5. Duties concerning evaluating and publicly notifying capability to repair cultural heritage as well as receiving reports on the preceding year's results, etc. of repair of cultural heritage under Article 14-2 of the Act;
6. Duties concerning managing and providing the information on cultural heritage repair business entities, etc., as well as establishing and operating a comprehensive cultural heritage repair information system under Article 14-3 of the Act;
7. Duties concerning filing a report on the transfer, etc. of cultural heritage repair business, etc. under Article 17 of the Act;
8. Duties concerning filing a report on the inheritance of cultural heritage repair business, etc. under Article 20 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
<<Enforcement Date: Feb. 4, 2019>> Subparagraphs 3, 5, and 6 of Article 30-2
 Article 30-3 (Re-Examination of Regulations)
The Administrator of the Cultural Heritage Administration shall, every three years (referring to the day before the third anniversary of the base date), examine the appropriateness of the following matters on the basis of the following base dates, and take improvement measures, etc.:
1. Restrictions on the repair of cultural heritage under Article 4: January 1, 2015;
2. Requirements for registration of cultural heritage repair business, etc. under Article 12: January 1, 2014;
3. Standards, etc. for posting cultural heritage repair engineers on site under Article 20: January 1, 2015;
4. Repair of cultural heritage subject to supervision, etc. under Article 20: January 1, 2015;
5. Scope of duties of cultural heritage supervisors under Article 21 and attached Table 10: January 1, 2015.
[This Article Wholly Amended by Presidential Decree No. 25854, Dec. 16. 2014]
 Article 31 (Standards for Imposition of Administrative Fines)
(1) The standards for imposition of administrative fines under Article 62 (2) of the Act shall be as listed in attached Table 12.
(2) The Administrator of the Cultural Heritage Administration, Mayors/Do Governors or the heads of Sis/Guns/Gus may increase or decrease an administrative fine under attached Table 12 by up to 1/2 of the amount of fine, considering the degree of seriousness of a violation, violation frequency, motive, result, etc.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2011: Provided, That Articles 20 through 23 and 28 shall enter into force on February 5, 2012, attached Table 3 on February 5, 2015, and subparagraphs 19 and 20 of attached Table 6 on February 5, 2014.
Article 2 (Transitional Measures concerning Registration of Cultural Heritage Repair Business, etc.)
An entity deemed a lawful cultural heritage repair business entity, etc. pursuant to Article 4 of the Addenda of the Act shall meet the requirements for registration under Article 12 by August 31, 2012.
Article 3 (Transitional Measures concerning Supplemental Education of Cultural Heritage Repair Engineers)
A person who performs the repair of cultural heritage as a cultural heritage repair engineer pursuant to previous provisions as at February 5, 2012 shall be deemed to have received supplemental education under Article 28 (3) 1 (a) on February 5, 2012. In such case, he/she shall receive the first supplemental education under Article 28 (3) 1 (b) within one year before or after the fifth anniversary of the day he/she becomes affiliated with a repair business entity or an on-site cultural heritage survey and design business entity and actually performs the duties after February 5, 2012, notwithstanding Article 28 (3) 1 (b). <Amended by Presidential Decree No. 24676, Jul. 30, 2013>
Article 4 Omitted.
Article 5 (Relationship with other Statutes)
Where the former Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc. or provisions thereof are cited by other statutes as at the time this Decree enters into force, and where this Decree includes provisions corresponding thereto, this Decree or relevant provisions of this Decree shall be deemed to be cited in place of the former Enforcement Decree of the Act on Cultural Heritage Maintenance, Etc. or provisions thereof.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
Amendments to the deadline for public announcement of examinations in this Decree shall begin to apply from examinations to be implemented on or after January 1, 2013.
ADDENDA <Presidential Decree No. 23943, Jul. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2012.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24676, Jul. 30, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso omitted.)
ADDENDUM <Presidential Decree No. 25711, Nov. 11, 2014>
This Decree shall enter into force on November 29, 2014.
ADDENDA <Presidential Decree No. 25854, Dec. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 8 (2) and attached Table 3 shall enter into force on February 5, 2015, and the amended provisions of subparagraphs 1 and 2 of Article 20, Article 21 (1) 2 and subparagraph 2 of attached Table 11 two years after the date of their promulgations.
Article 2 (Transitional Measures concerning Restrictions on Repair of Cultural Heritage)
Notwithstanding the amended provision of Article 4 (2), the former provisions shall apply to cases in which a contract for the repair of cultural heritage is concluded with regard to a structure that is with a building area of less than 660 square meters and with less than three floors, and the main frame of which is reinforced concrete structure, steel frame structure or steel frame reinforced concrete structure.
Article 3 (Transitional Measures concerning Posting of Cultural Heritage Repair Engineers to Sites)
Where a contract for the repair of cultural heritage is concluded before this Decree enters into force, the former provisions shall have effect, notwithstanding the amended provisions of Article 18 (1) and (3).
Article 4 (Transitional Measures concerning Supervision of Repair of Cultural Heritage)
Where a contract for repair of cultural heritage is concluded before this Decree enters into force, the former provisions shall have effect, notwithstanding the amended provisions of Articles 20 and 21 and subparagraph 2 of attached Table 11.
ADDENDA <Presidential Decree No. 27115, Apr. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27619, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27774, Jan. 10, 2017>
This Decree shall enter into force on February 4, 2017: Provided, That the amended provisions of Articles 16-2, 20 through 22 (limited to the provisions concerning responsible supervision), 22-2 (limited to the provisions concerning responsible supervision), 30 (3) through (5), subparagraphs 3, 5 and 6 of Article 30-2, attached Table 10-2, and items (a) and (d) of attached Table 12 shall enter into force on February 4, 2019.
ADDENDUM <Presidential Decree No. 28178, Jul. 11, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso to Article 9 (2), Articles 10 (1), 11 (3) and (4), and attached Tables 4 and 4-2 shall enter into force two years after the date of its promulgation.