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ACT ON CULTURAL HERITAGE MAINTENANCE, ETC.

Act No. 9999, Feb. 4, 2010

Amended by Act No. 11530, Dec. 11, 2012

Act No. 12693, May 28, 2014

Act No. 13248, Mar. 27, 2015

Act No. 13250, Mar. 27, 2015

Act No. 13965, Feb. 3, 2016

Act No. 14437, Dec. 20, 2016

Act No. 15066, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to enhance the quality of repair of cultural heritage and develop cultural heritage repair business in a sound manner by prescribing matters necessary for the repair of cultural heritage, on-site survey and design, supervision, registration of cultural heritage repair business, technology management, etc. in order to preserve and inherit cultural heritage in its original form.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 13965, Feb. 3, 2016>
1. The term "repair of cultural heritage" means measures for the repair, restoration, and maintenance of any of the following items and for the prevention of damage thereto:
(a) Designated cultural heritage (excluding intangible cultural heritage; hereinafter the same shall apply) prescribed in Article 2 (2) of the Cultural Heritage Protection Act;
(b) Provisionally designated cultural heritage prescribed in Article 32 of the Cultural Heritage Protection Act;
(c) Public structures and landscape prescribed by Presidential Decree surrounding cultural heritage, which embody and constitute the traditional culture of Korea, along with designated cultural heritage (including provisionally designated cultural heritage);
2. The term "cultural heritage repair engineer" means a person who takes charge of technical duties concerning the repair of cultural heritage, and directs and supervises works performed by cultural heritage repair technicians, who has been issued a certificate as a cultural heritage repair engineer prescribed in Article 10;
3. The term "cultural heritage repair technician" means a person who takes charge of technical duties concerning the repair of cultural heritage under the guidance and supervision of the cultural heritage repair engineer, who has been issued a certificate as a cultural heritage repair technician prescribed in Article 12;
4. The term "cultural heritage repair business" means the business of repairing cultural heritage, which is prescribed by this Act;
5. The term "cultural heritage repair business entity" means a person who registers cultural heritage repair business in accordance with Article 14 and operates cultural heritage repair business;
6. The term "on-site survey and design" means preparing on-site survey drawings, design drawings, etc. by making a survey of, conducting historical research, etc. on those prescribed in subparagraph 1 for the repair of cultural heritage or for the preservation of records;
7. The term "on-site cultural heritage survey and design business" means the business of conducting on-site survey and design pursuant to this Act;
8. The term "on-site cultural heritage survey and design business entity" means a person who registers on-site cultural heritage survey and design business as prescribed in Article 14 and operates on-site cultural heritage survey and design business;
9. The term "supervision" means any of the following, which is relating to the repair of cultural heritage:
(a) General supervision: Duties of verifying whether the repair of cultural heritage is conducted in accordance with design drawings, relevant documents, and relevant statutes, and directing and supervising the repair of cultural heritage;
(b) Responsible supervision: Duties of general supervision and the authority of supervision performed according to relevant statutes on behalf of a person placing a contract;
10. The term "cultural heritage supervision business" means the business of conducting supervision pursuant to this Act;
11. The term "cultural heritage supervision business entity" means a person who registers cultural heritage supervision business in accordance with Article 14 and operates cultural heritage supervision business;
12. The term "cultural heritage supervisor" means a cultural heritage repair engineer affiliated with a cultural heritage supervision business entity or the Traditional Building Preservation Technology Promotion Foundation under Article 41-2 and engaging in the duties of supervising the repair of cultural heritage;
13. The term "contract" means making a promise made by a party to other party, in the name of an original contract, subcontract, entrustment, or in whatever name, to complete the repair of cultural heritage, on-site survey and design, or supervision, and the other party agrees to pay for the results thereof;
14. The term "person placing an order" means a person who awards a contract for the repair of cultural heritage, on-site survey and design, or supervision to a cultural heritage repair business entity, on-site cultural heritage survey and design business entity, or cultural heritage supervision business entity: Provided, That a person who orders a subcontract for the repair of cultural heritage as a contractor shall be excluded;
15. The term "contractor" means a cultural heritage repair business entity, on-site cultural heritage survey and design business entity, or cultural heritage supervision business entity awarded a contract for the repair of cultural heritage, on-site survey and design, or supervision by a person placing a contract;
16. The term "subcontract" means a contract a contractor enters into with a third party in order to award part of a contract for the repair of cultural heritage;
17. The term "subcontractor" means a person awarded a subcontract for the repair of cultural heritage.
 Article 3 (Basic Principles for Repair, etc. of Cultural Heritage)
The repair of cultural heritage, on-site survey and design, or supervision (hereinafter referred to as "repair, etc. of cultural heritage") shall employ methods and technologies most appropriate for the preservation of the original form of cultural heritage, and no designated cultural heritage and surroundings shall be damaged due to the repair, etc. of cultural heritage.
 Article 4 (Formulation of Plans for Repair, etc. of Cultural Heritage)
(1) To systematically and comprehensively promote a policy on the repair, etc. of cultural heritage, the Administrator of the Cultural Heritage Administration shall gather consensus from the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, or Special Self-Governing Province Governor (hereinafter referred to as Mayors/Do Governors") and formulate a master plan for the repair, etc. of cultural heritage every five years. <Amended by Act No. 13965, Feb. 3, 2016>
(2) Where a master plan for the repair, etc. of cultural heritage is to be formulated as prescribed in paragraph (1), it shall be connected with the master plan for cultural heritage prescribed in Article 6 of the Cultural Heritage Protection Act.
(3) When the Administrator of the Cultural Heritage Administration formulates a master plan as prescribed in paragraph (1), he/she shall notify such master plan to the Mayors/Do Governors, and the Mayors/Do Governors shall formulate and implement a detailed implementation plan based on such master plan.
(4) Matters necessary for the formulation and implementation of master plans and detailed implementation plans prescribed in paragraphs (1) and (3) shall be prescribed by Presidential Decree.
 Article 5 (Restrictions on Repair of Cultural Heritage and On-Site Survey and Design)
(1) Where the owner of cultural heritage (including a managing organization designated under Article 34 of the Cultural Heritage Protection Act) intends to repair cultural heritage, he/she shall have a cultural heritage repair business entity repair it or order a cultural heritage repair engineer, together with a cultural heritage repair technician, to repair it: Provided, That this shall not apply to minor repairs prescribed by Presidential Decree that do not influence the preservation of relevant cultural heritage.
(2) In cases of structures prescribed by Presidential Decree, a cultural heritage repair business entity who has registered a business of general construction works in the relevant field pursuant to the Framework Act on the Construction Industry shall be made to repair such structures, notwithstanding paragraph (1).
(3) Notwithstanding paragraphs (1) and (2), the heads of institutions prescribed by Presidential Decree may directly repair cultural heritage.
(4) Notwithstanding paragraph (1), a cultural heritage repair technician may be requested to take charge of the repair of cultural heritage in a field where no cultural heritage repair engineer exists; a person who holds national intangible cultural heritage, relevant specialist, etc. may be entrusted to take charge of the repair of cultural heritage in a field where no cultural heritage repair business entity, cultural heritage repair engineer, or cultural heritage repair technician exists. <Amended by Act No. 13248, Mar. 27, 2015>
(5) Where an on-site survey and design of the repair of cultural heritage is to be conducted, the on-site cultural heritage survey and design business entity shall be required to perform such duties: Provided, That this shall not apply to cases of an on-site survey and design for the trifling repair of cultural heritage, an on-site survey and design in the field of protection of plants and movable cultural heritage, or an on-site survey and design for the preservation measures performed directly by the Administrator of the Cultural Heritage Administration, which are prescribed by Presidential Decree. <Amended by Act No. 13965, Feb. 3, 2016>
(6) Where an on-site cultural heritage survey and design business entity intends to conduct an on-site survey and design in the field of landscape architecture, he/she shall have a cultural heritage repair engineer in charge of the planning of landscape architecture and the execution thereof take charge of such duties, as prescribed by Presidential Decree.
 Article 6 (Duty of Good Faith)
Persons who conduct the repair, etc. of cultural heritage shall comply with the following matters:
1. To perform the duties of repair, etc. of cultural heritage in good faith;
2. To perform the duties of repair, etc. of cultural heritage in conformity with the standards for the repair, etc. of cultural heritage;
3. To faithfully prepare a report on the repair, etc. of cultural heritage and submit it to the person placing a contract;
4. Other matters corresponding to the matters prescribed in subparagraphs 1 through 3, prescribed by Ordinance of the Ministry of Culture, Sports and Tourism as deemed necessary for the preservation of the original form of cultural heritage and for the enhancement of the repair of cultural heritage.
 Article 6-2 (Prohibition on Acquisition of Property, etc. from Illegal Solicitation and on Provision thereof)
Any person engaging in the repair of cultural heritage, etc. or interested person shall not acquire property or profits from property following receipt of an illegal solicitation, nor provide property or profits from property while making an illegal solicitation, in relation to the duties of repair, etc. of cultural heritage.
[This Article Newly Inserted by Act No. 13965, Feb. 3, 2016]
 Article 7 (Spread of Standards for Repair, etc. of Cultural Heritage)
In order to appropriately conduct the repair, etc. of cultural heritage, the Administrator of the Cultural Heritage Administration may determine the following standards and have such standards used:
1. Matters concerning standards necessary for the repair, etc. of cultural heritage or the specification and quality of materials;
2. Matters concerning the payment of the price of repair, etc. of cultural heritage;
3. Matters concerning the preparation of a report on the repair, etc. of cultural heritage;
4. Other matters necessary for the performance of the repair, etc. of cultural heritage.
 Article 7-2 (Assistance, etc. to Traditional Technologies)
Where, with regard to traditional technologies for the repair, etc. of cultural heritage, needs arise for conservation, fostering, dissemination, research of materials and technologies, supply of and demand for materials, education, etc., the Administrator of the Cultural Heritage Administration may assist relevant corporations or individuals.
[This Article Newly Inserted by Act No. 13965, Feb. 3, 2016]
CHAPTER II CULTURAL HERITAGE REPAIR ENGINEERS AND CULTURAL HERITAGE REPAIR TECHNICIANS
 Article 8 (Cultural Heritage Repair Engineers)
(1) A person who intends to become a cultural heritage repair engineer shall pass an examination to qualify as a cultural heritage repair engineer for each type of technology conducted by the Administrator of the Cultural Heritage Administration. In such cases, a person who intends to apply for the qualifying examination to become a cultural heritage repair engineer in charge of preparing drawings of on-site survey and design shall possess the qualification as a certified architect pursuant to the Certified Architects Act.
(2) The types and scope of duties of a cultural heritage repair engineer shall be prescribed by Presidential Decree.
(3) The examination to qualify as a cultural heritage repair engineer shall be divided into two parts, which refer to a written examination and an oral examination. <Amended by Act No. 11530, Dec. 11, 2012; Act No. 15066, Nov. 28, 2017>
(4) A person who passes the written examination to qualify as cultural heritage repair engineers shall be exempt from taking the written examination, which is given as part of the next round of the qualifying examination to become a cultural heritage repair engineer.
(5) Requirements for taking an examination to qualify as cultural heritage repair engineers, subjects and methods, and other matters necessary for examination shall be prescribed by Presidential Decree. <Amended by Act No. 15066, Nov. 28, 2017>
 Article 9 (Grounds for Disqualification for Cultural Heritage Repair Engineer)
None of the following persons shall be qualified as a cultural heritage repair engineer: <Amended by Act No. 13965, Feb. 3, 2016; Act No. 14437, Dec. 20, 2016>
1. A minor;
2. A person under adult guardianship or limited guardianship;
3. A person for whom three years have not passed since the sentence of punishment was completed (including where such sentence is deemed completed) or the execution of punishment was exempted after having been sentenced to imprisonment without prison labor or heavier punishment for violating the Certified Architects Act (limited to a person in charge of preparing drawings of on-site survey and design) or this Act;
4. A person who is under a suspended sentence of imprisonment for violating subparagraph 3;
5. A person for whom three years have not passed since his/her qualification as a cultural heritage repair engineer was revoked under Article 47 (excluding those whose qualification was revoked as he/she had fallen under subparagraph 1 or 2 of Article 9).
 Article 10 (Issuance, etc. of Certificate of Cultural Heritage Repair Engineer)
(1) The Administrator of the Cultural Heritage Administration shall issue a certificate of a cultural heritage repair engineer to a person who passes a qualifying examination to become cultural heritage repair engineers.
(2) Where a person issued a certificate of a cultural heritage repair engineer loses the certificate or the certificate wears out and becomes unusable, he/she may have the certificate reissued by the Administrator of the Cultural Heritage Administration.
(3) A cultural heritage repair engineer shall not allow any other person to perform the duties to repair, etc. cultural heritage using his/her own name, nor lend his/her certificate of a cultural heritage repair engineer to other persons.
(4) A cultural heritage repair engineer shall not be simultaneously employed by at least two cultural heritage repair business entities, on-site cultural heritage survey and design business entities, or cultural heritage supervision business entities (hereinafter referred to as "cultural heritage repair business entities, etc.").
(5) Matters necessary for the procedures for the issuance and re-issuance of a certificate of a cultural heritage repair engineer prescribed in paragraphs (1) and (2), and the management thereof, shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 11 (Examination to Qualify as Cultural Heritage Repair Technician, etc.)
(1) A person who intends to be a cultural heritage repair technician shall pass an examination to qualify as a cultural heritage repair technician by skill category implemented by the Administrator of the Cultural Heritage Administration: Provided, That a person who holds qualifications in the field of repair of cultural heritage prescribed by Ordinance of the Ministry of Culture, Sports and Tourism from among the holders of intangible cultural heritage under Articles 17 and 32 of the Act on the Safeguarding and Promotion of Intangible Cultural Heritage shall be deemed to have passed an examination to qualify as a cultural heritage repair technician in the relevant field when he/she completes a relevant program. <Amended by Act No. 13965, Feb. 3, 2016>
(2) The kinds and scope of duties of a cultural heritage repair technician shall be prescribed by Presidential Decree.
(3) The examination to qualify as a cultural heritage repair technician shall be implemented by dividing into a written examination and an oral examination.
(4) Matters necessary for the implementation of the examination to qualify as a cultural heritage repair technician, education, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 13965, Feb. 3, 2016>
 Article 12 (Issuance, etc. of Certificate of Cultural Heritage Repair Technician)
Article 10 shall apply mutatis mutandis to the issuance, etc. of a certificate of a cultural heritage repair technician.
 Article 13 (Measures against Dishonest Applicants)
The Administrator of the Cultural Heritage Administration shall suspend the qualifying examination or invalidate the qualifying examination of a person who cheats in the examination to qualify as a cultural heritage repair engineer or in the examination to qualify as a cultural heritage repair technician, and suspend his/her eligibility for taking the qualifying examinations for three years from the date such examination is implemented.
 Article 13-2 (Reporting by Cultural Heritage Repair Engineers, etc.)
(1) Where a cultural heritage repair engineer or a cultural heritage repair technician (hereinafter referred to as "cultural heritage repair engineer, etc."), intends to have his/her work experience, academic background, qualifications, workplace, etc. (hereinafter referred to as "career, etc.") recognized, he/she shall report thereon to the Administrator of the Cultural Heritage Administration. The same shall also apply to the modification of reported matters.
(2) The Administrator of the Cultural Heritage Administration in receipt of a report filed under paragraph (1) shall retain and manage the records on the career, etc. of a cultural heritage repair engineer, etc., and where a cultural heritage repair engineer, etc. make a request, he/she shall issue a certificate of career, etc. (hereinafter referred to as "career certificate") of the cultural heritage repair engineer, etc.
(3) No cultural heritage repair engineer, etc. shall report his/her career, etc. fraudulently.
(4) Data necessary for reporting by a cultural heritage repair engineer, etc., and matters necessary for the retainment and management of records on career, etc., for the issuance of career certificates, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Act No. 13965, Feb. 3, 2016]
CHAPTER III OPERATION OF CULTURAL HERITAGE REPAIR BUSINESS, ETC.
SECTION 1 Registration of Cultural Heritage Repair Business, etc.
 Article 14 (Registration of Cultural Heritage Repair Business Entity, etc.)
(1) A person who intends to operate 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 meet requirements for registration, such as technology capabilities, capital (referring to the evaluated amount of assets in cases of an individual; hereinafter the same shall apply), facilities, etc. prescribed by Presidential Decree, and register with the Mayor/Do Governor having jurisdiction over the address of the principal place of business.
(2) Where important matters prescribed by Presidential Decree among the registered ones are modified, a person who has registered cultural heritage repair business, etc. as prescribed in paragraph (1) shall make a modification report to the Mayor/Do Governor with whom registration was made as prescribed in paragraph (1) within 30 days from the date of modification.
(3) Where a person who has registered cultural heritage repair business, etc. as prescribed in paragraph (1) closes business, he/she shall report thereon to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. In such cases, the Mayor/Do Governor who receives a report of business closure shall cancel the registration thereof.
(4) When a Mayor/Do Governor receives registration, a report of modification, or a report of business closure of cultural heritage repair business, etc. as prescribed in paragraphs (1) through (3), he/she shall notify the Administrator of the Cultural Heritage Administration thereof.
(5) When a Mayor/Do Governor registers cultural heritage repair business, etc. as prescribed in paragraph (1), he/she shall issue a certificate of registration and a registration book.
(6) Where a certificate of registration or registration book issued as prescribed in paragraph (5) is lost or becomes unusable, it may be reissued.
(7) Necessary matters concerning the procedures for the registration of cultural heritage repair business, etc. and for reports of modification, for the issuance and re-issuance of a certificate of registration and registration book, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 14-2 (Evaluation of Capability to Repair Cultural Heritage and Public Notice thereof)
(1) To assist a person awarding an order in selecting an adequate cultural heritage repair business entity, the Administrator of the Cultural Heritage Administration shall evaluate the capability to repair cultural heritage and make a public notice thereof if a cultural heritage repair business entity makes an application.
(2) A cultural repair business entity intending to undergo evaluation under paragraph (1) shall annually report the previous year's results of repair of cultural heritage, current state of engineers on the payroll, financial status, and other matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism (hereinafter referred to as "previous year's results, etc.") to the Administrator of the Cultural Heritage Administration.
(3) No cultural repair business entity shall report the previous year's results, etc. fraudulently.
(4) Matters necessary for the evaluation of capability, methods of public notice, reporting on the previous year's results, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Act No. 13965, Feb. 3, 2016]
 Article 14-3 (Management, etc. of Information on Cultural Heritage Repair Business Entities, etc.)
(1) The Administrator of the Cultural Heritage Administration may comprehensively manage information on the capital, management status, results of repair of cultural heritage, etc., current state of technical personnel on the payroll, status of supply of and demand for materials and human resources, etc. of cultural heritage repair business entities, etc., and provide such information to relevant agencies or organizations in need of it.
(2) To comprehensively and systematically manage information under paragraph (1), the Administrator of the Cultural Heritage Administration may establish and operate a comprehensive cultural heritage information system.
(3) To comprehensively manage information under paragraph (1), the Administrator of the Cultural Heritage Administration may request cultural heritage repair business entities, etc., persons awarding contracts, relevant agencies, organizations, etc. to submit necessary data, and entities in receipt of such request shall submit data, except in extenuating circumstances.
(4) Matters necessary for the establishment and operation of a comprehensive cultural heritage information system, management of information on cultural heritage repair business entities, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Act No. 13965, Feb. 3, 2016]
 Article 15 (Reasons for Disqualification for Cultural Heritage Repair Business Entities, etc.)
None of the following persons shall be qualified as a cultural heritage repair business entity, etc.: <Amended by Act No. 13965, Feb. 3, 2016; Act No. 14437, Dec. 20, 2016>
1. A minor;
2. A person under adult guardianship or limited guardianship;
3. A person in whose case two years have not passed since his/her punishment without labor or heavier punishment declared by a court in violation of the Certified Architects Act (limited to on-site cultural heritage survey and design business entity) or this Act was completed (including where such sentence is deemed completed) or exempted;
4. A person who is under a suspended sentence of imprisonment for violating an Act prescribed in subparagraph 3;
5. A person in whose case two years have not passed since the registration of cultural heritage repair business, etc. was revoked as prescribed in Article 49 (excluding a person whose registration was revoked as prescribed in paragraph (1) 4 of the same Article or a person whose registration was revoked as he/she fell under subparagraph 1 or 2 of Article 15);
6. A person (limited to on-site cultural heritage survey and design business entity) in whose case two years have not passed since he/she was issued a disposition to invalidate a report on the duties of a certified architect, etc. as prescribed in Article 28 (1) of the Certified Architects Act;
7. A person (applicable only to on-site cultural heritage survey and design business entity) who is under suspension of duties after he/she has been issued a disposition to suspend duties as prescribed in Article 28 (1) of the Certified Architects Act;
8. A juristic person who has an executive falling under subparagraphs 1 through 7.
 Article 16 (Types of Cultural Heritage Repair Business)
(1) Cultural heritage repair business prescribed in Article 14 shall be divided into general cultural heritage repair business and special cultural heritage repair business.
(2) General cultural heritage repair business is the business of repairing cultural heritage in which two or more processes are involved under comprehensive planning, management and coordination, the types and scope of duties of which shall be prescribed by Presidential Decree.
(3) Special cultural heritage repair business is the business of repairing part or specialized field of cultural heritage, the types and scope of duties of which shall be prescribed by Presidential Decree.
(4) Notwithstanding paragraphs (2) and (3), in cases of the compound repair of cultural heritage which is technically difficult to separate and which is prescribed by Presidential Decree, a cultural heritage repair business entity engaged in the business of the principal part of such repair work may take charge of such repair work.
 Article 17 (Transfer, etc. of Cultural Heritage Repair Business)
(1) Where it falls under any of the following subparagraphs, a cultural heritage repair business entity shall file a report to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism:
1. Where he/she intends to transfer cultural heritage repair business;
2. Where a cultural heritage repair business entity who is a juristic person intends to merge with another juristic person.
(2) If a report on the transfer of cultural heritage repair business is filed under paragraph (1), a person who takes over the cultural heritage repair business shall succeed to the status of cultural heritage repair business entity of the person who transfers cultural heritage repair business; if a report on the merger of juristic persons is filed, a juristic person established following such merger or surviving such merger shall succeed to the status of cultural heritage repair business entity of the juristic person liquidated following such merger.
(3) A person who intends to transfer cultural heritage repair business as prescribed in paragraph (1) 1 shall announce such fact for 30 days or more, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(4) The provisions regarding requirements for registration of cultural heritage repair business entity, etc. prescribed in Article 14 (1) and grounds for disqualification of cultural heritage repair business entity, etc. prescribed in Article 15 shall apply mutatis mutandis to the report prescribed in paragraph (1).
 Article 18 (Details of Transfer of Cultural Heritage Repair Business)
(1) A person who intends to transfer cultural heritage repair business shall transfer all the following rights and obligations that come with the cultural heritage repair business:
1. Rights and obligations concerning awarding a contract for the repair of cultural heritage being performed;
2. Rights and obligations concerning mending defects during the period of warranty against defects after the repair of cultural heritage is completed.
(2) Where the repair of cultural heritage is being performed in cases falling under paragraph (1), no cultural heritage repair business shall be transferred to another person, unless approval is obtained from the person placing a contract for the repair of relevant cultural heritage or the contract for the repair of relevant cultural heritage is terminated.
 Article 19 (Restrictions on Transfer of Cultural Heritage Repair Business)
In cases falling under any of the following cases, a cultural heritage repair business entity shall not transfer cultural heritage repair business: Provided, That in cases where cultural heritage repair business has to be transferred in cases falling under Article 20 (3), this shall not apply:
1. Where the cultural heritage repair business entity is in the period of suspension of business after having been issued a disposition to suspend business as prescribed in Article 49;
2. Where the cultural heritage repair business entity is in the period of stay of execution of disposition pursuant to the Administrative Appeals Act or the Administrative Litigation Act after having been issued a disposition to revoke the registration of cultural heritage repair business as prescribed in Article 49;
3. Where the cultural heritage repair business entity is in the period of a disposition after having been issued a disposition to restrict eligibility for participation in bidding as an unjust business entity as prescribed by the Act on Contracts to which the State is a Party or the Act on Contracts to which a Local Government is a Party.
 Article 20 (Inheritance of Cultural Heritage Repair Business)
(1) Where a cultural heritage repair business entity dies, his/her inheritor shall inherit all the rights and obligations that come with such cultural heritage repair business entity pursuant to this Act.
(2) The inheritor described under paragraph (1) shall report inheritance to the Mayor/Do Governor when he/she inherits the cultural heritage repair business.
(3) Where an inheritor falls under a ground of disqualification for cultural heritage repair business prescribed in Article 15, he/she shall transfer the cultural heritage repair business to any other person within three months from the date on which inheritance begins.
 Article 21 (Prohibition against Lending Certificate of Registration, etc.)
No cultural heritage repair business entity shall allow any other person to be awarded a contract for the repair of cultural heritage or to perform the repair of cultural heritage using his/her name or trade name, nor lend his/her certificate of registration or registration book issued under Article 14 (5).
 Article 22 (Repair of Cultural Heritage after Receipt of Disposition, etc. to Revoke Registration)
(1) A cultural heritage repair business entity or his/her comprehensive inheritor issued a disposition to suspend business or to revoke registration prescribed in Article 49, may continue to repair cultural heritage for which a contract was concluded before such disposition has been issued or for which repairing has commenced after he/she obtained a permit, authorization, etc. pursuant to the relevant statutes.
(2) A cultural heritage repair business entity or his/her comprehensive inheritor issued a disposition to suspend business or to revoke registration prescribed in Article 49, shall notify, without delay, the person placing a contract for the repair of relevant cultural heritage, of the details of such disposition.
(3) Where a cultural heritage repair business entity continues to perform the repair of cultural heritage as prescribed in paragraph (1) after registration of the cultural heritage repair business is revoked, he/she shall be deemed a cultural heritage repair business entity until he/she finishes the repair of cultural heritage.
(4) A person placing a contract for the repair of cultural heritage may terminate the contract only within 30 days from the date he/she receives notification prescribed in paragraph (2) or from the date he/she became aware of the fact, except in extenuating circumstances.
 Article 23 (Provisions to be Applied mutatis mutandis)
The provisions of Articles 17 through 22 shall apply mutatis mutandis to the transfer, etc. of on-site cultural heritage survey and design business or cultural heritage supervision business.
SECTION 2 Contracting and Subcontracting
 Article 24 (Principles on Awarding Contracts for Repair, etc. of Cultural Heritage)
(1) Parties to a contract of the repair, etc. of cultural heritage (including a subcontract; hereafter the same shall apply in this Article) shall conclude a contract on an equal standing and by mutual consent, and implement the details of a contract in good faith.
(2) Parties to a contract of the repair, etc. of cultural heritage shall clarify the contract amount, period of repair, and other matters prescribed by Presidential Decree in the contract when concluding a contract, and shall respectively retain a written contract on which signatures and seals are affixed.
(3) Each contractor shall retain a book of contracts for the repair of cultural heritage, book of contracts for on-site survey and design, or book of contracts for supervision, stating the details of the repair, etc. of cultural heritage, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 25 (Restrictions on Subcontracting, etc.)
(1) A cultural heritage repair business entity contracted to repair cultural heritage shall directly perform such repair of cultural heritage: Provided, That a general cultural heritage repair business entity may partially subcontract the repair of cultural heritage to a cultural heritage repair entity specializing in the repair of cultural heritage.
(2) Where a subcontract is to be awarded as prescribed in the proviso to paragraph (1), no amount of the subcontract awarded to a specialized cultural heritage repair business entity shall exceed 50 percent of the amount of the repair of cultural heritage that has been awarded, and the general cultural heritage repair business entity who awards a subcontract shall notify the person placing such contract order of the fact, as prescribed by Presidential Decree.
(3) No specialized cultural heritage repair business entity partially subcontracted to repair cultural heritage by a general cultural heritage repair business entity as prescribed in the proviso to paragraph (1), shall further subcontract the same.
(4) No contractor being awarded a contract for supervision shall award a subcontract for such supervision to a third party.
 Article 25-2 (Examination, etc. of Reasonableness of Subcontracts)
(1) Where any of the following is applicable, a person placing a contract may examine the capability of a subcontractor to repair cultural heritage or the reasonableness of the details of the subcontract:
1. Where the capability of a subcontractor to repair cultural heritage is deemed significantly deficient in consideration of the size, professionalism, etc. of the repair of cultural heritage;
2. Where the amount of subcontract is short of the amount according to the rate prescribed by Presidential Decree.
(2) Where the capability of a subcontractor to repair cultural heritage or the details of a subcontract are deemed unreasonable through examination under paragraph (1), a person placing a contract may request the contractor to change the subcontractor or amend the details of subcontract as he/she clearly states the reason.
(3) Where the result of repair of cultural heritage is likely to be seriously affected as a contractor fails to comply with a request under paragraph (2) without a just reason, a person placing a contract may terminate a subcontract for the repair of the relevant cultural heritage.
(4) The criteria and methods for examining the reasonableness of a subcontract, procedures for requesting to replace a subcontractor or to amend the details of a subcontract, and other necessary matters under paragraphs (1) through (3), shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13965, Feb. 3, 2016]
 Article 26 (Status of Subcontractors, etc.)
(1) Regarding the repair of cultural heritage subcontracted, the relevant subcontractor shall assume the same obligation as that of the contractor toward the person placing a contract.
(2) Paragraph (1) shall not have influence on the legal relationship between a contractor and a subcontractor.
 Article 27 (Hearing Opinions of Subcontractors)
Where a subcontractor exists in performing the repair of cultural heritage for which contract has been obtained, the contractor shall, in advance, hear the opinions of the subcontractor concerning the technologies and process of the repair of cultural heritage and other matters recognized as necessary.
 Article 28 (Payment, etc. of Price of Subcontract)
(1) If a contractor receives the amount of the repair of cultural heritage on completion, for which a contract has been given by a person placing a contract, he/she shall pay all of the subcontract amount to the subcontractor; if the contractor receives the payment for work completed, he/she shall pay in cash the amount corresponding to the portion of repair of cultural heritage performed by the subcontractor within 15 days from the date (if the contractor receives the payment for repair of cultural heritage by a draft, referring to the expiry date thereof) he/she is paid.
(2) Where a contractor receives an advance payment form the person placing a contract, he/she shall pay an advance payment to the subcontractor according to the details and proportion of advance payment that he/she receives so that the subcontractor may begin the repair of cultural heritage. In such cases, the contractor may request the subcontractor to provide guarantee in preparation for cases in which the subcontractor has to return the advance payment.
(3) Where the contract amount is adjusted due to the modification of design, fluctuation in the prices of commodities, etc. after a subcontract is given to a subcontractor, the contractor may pay the subcontract amount to the subcontractor after increasing or decreasing the subcontract amount according to the details and proportion of the adjusted amount of the repair of cultural heritage.
 Article 29 (Direct Payment of Subcontract Amount)
(1) Where any of the following cases arises, the person placing a contract may pay the subcontract amount equivalent to the portion of the repair of cultural heritage performed by a subcontractor directly to the subcontractor. In such cases, the liability of the person placing a contract to pay amounts to the contractor shall be deemed extinguished to the extent paid to the subcontractor:
1. Where an agreement is reached between the person placing a contract and contractor by clarifying the intent that the subcontract amount may be paid directly to the subcontractor and paying methods and procedures therefor;
2. Where the subcontractor is issued an irrevocable ruling by the court ordering the contractor to pay the subcontract amount for the portion of repair of cultural heritage that the subcontractor has performed;
3. Where it falls under any of the following items in cases of a contract given by the State, a local government, or a public institution prescribed in Article 4 of the Act on the Management of Public Institutions:
(a) Where the contractor has been late in paying the subcontract amount at least once;
(b) Where a subcontract has been concluded for an amount far less than the proportion prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in comparison with the estimated amount of repair of cultural heritage;
4. Where the person placing a contract recognizes that the contractor has clear grounds for which the contractor is unable to pay the subcontract amount, such as the suspension of payment, bankruptcy, etc. of the contractor.
(2) Where it is recognized that the contractor is feared to suffer damage for a reason for which the subcontractor is responsible in cases falling under paragraph (1) 3, the contractor may request the person placing a contract to suspend the direct payment of the subcontract amount after clarifying the reasons.
(3) Methods and procedures for directly paying the subcontract amount as prescribed in paragraph (1) 3 and 4 shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 30 (Prohibition, etc. of Unjust Directions by Persons Placing Contracts)
(1) No person placing a contract who has concluded a contract of repair of cultural heritage shall give unjust directions, in violation of this Act, to the contractor or subcontractor.
(2) No contractor shall compel the subcontractor to engage in unfair acts with regard to the repair of cultural heritage, taking advantage of prominent position.
 Article 31 (Examination and Delivery)
(1) Where a contractor is notified by a subcontractor of the completion of the repair of cultural heritage or completion of part of the repair of cultural heritage, he/she shall conduct an examination for confirmation within ten days.
(2) Where the subcontracted repair of cultural heritage is completed as agreed upon as a result of examination prescribed in paragraph (1), the contractor shall accept it without delay.
 Article 32 (Request for Replacement of Subcontractors)
(1) Where a subcontractor is deemed to be performing the repair of cultural heritage, in violation of relevant statutes or not in conformity with the design drawings, the person placing a contract may request the contractor to replace the subcontractor by clarifying the reasons, as prescribed by Presidential Decree.
(2) Where a person placing a contract deems that the contractor does not comply with a request to replace a subcontractor prescribed in paragraph (1) without just grounds and thus is feared to cause serious influence on the result of the repair of cultural heritage, he/she may terminate the contract of repair of cultural heritage.
SECTION 3 Repair of Cultural Heritage
 Article 33 (Assignment of Cultural Heritage Repair Engineers)
(1) Each cultural heritage repair business entity (including the Traditional Building Preservation Technology Promotion Foundation established under Article 41-2; hereafter the same shall apply in this Article) shall assign at least one relevant cultural heritage repair engineers to the site of repair of cultural heritage, as prescribed by Presidential Decree, in order to have them perform technical duties concerning the repair of cultural heritage, and notify in writing the person placing a contract of such fact: Provided, That where the person placing a contract gives consent, the cultural heritage repair business entity may assign one cultural heritage repair engineer to at least two sites, as prescribed by Presidential Decree, insofar as it poses no obstacle to the performance of the relevant repair of cultural heritage. <Amended by Act No. 13965, Feb. 3, 2016>
(2) No cultural heritage repair engineer assigned as prescribed in paragraph (1) shall leave the site of repair of cultural heritage without just grounds, unless they obtain consent from the person placing a contract.
(3) Where cultural heritage repair engineers assigned as prescribed in paragraph (1) are deemed seriously lacking in capabilities to perform duties, the person placing a contract may request the contractor to change the cultural heritage repair engineers. In such cases, the contractor shall comply with such request, except in extenuating circumstances.
 Article 34 (Responsibility of Cultural Heritage Repair Business Entities to Compensate for Damage)
(1) Where a cultural heritage repair business entity inflicts damage to other persons by repairing cultural heritage poorly by intention or negligence, he/she shall be responsible to compensate for such damage.
(2) Where the damage prescribed in paragraph (1) occurs by intention or gross negligence of the person placing a contract, the cultural heritage repair business entity may exercise the right of indemnity against the person placing the contact.
(3) Where a subcontractor inflicts damage to other persons by managing the subcontracted repair of cultural heritage poorly by intention or negligence, the contractor and the subcontractor shall be jointly and severally liable to pay compensation for such damage.
(4) Where damage is compensated as prescribed in paragraph (3), the contractor may exercise the right of indemnity against the subcontractor responsible for compensation.
 Article 35 (Responsibility of Cultural Heritage Repair Business Entities for Warranty)
(1) Each cultural heritage repair business entity shall provide a warranty against defects that occur during the warranty period to the person placing a contract by type of repair of cultural heritage prescribed by Presidential Decree, by up to ten years from the date of completion of repair of cultural heritage.
(2) Notwithstanding the provisions of paragraph (1), no cultural heritage repair business entity shall be responsible for warranty against defects that occur due to any of the following reasons: Provided, That this shall not apply where the cultural heritage repair business entity is well aware that materials or directions are inappropriate, but fails to notify the person placing a contract of such fact:
1. Where the defects are due to the materials used in repair of cultural heritage provided by the person placing a contract;
2. Where the repair of cultural heritage is performed in accordance with the directions given by the person placing a contract;
3. Where the person placing a contract uses the object of repair of cultural heritage in excess of the ordinary extent of use.
(3) Where a special agreement concerning warranty against defects is stipulated in the contract concluded between the cultural heritage repair business entity and the person placing a contract, such special agreement shall govern, notwithstanding the provisions of paragraph (1): Provided, That where the special agreement stipulates that the warranty period is less than two thirds of the period prescribed in paragraph (1), it shall be deemed to have stipulated the period of warranty to be two thirds of the period prescribed in paragraph (1).
 Article 36 (Preparation of Reports on Repair of Cultural Heritage)
(1) To document the whole process from the commencement to the completion of the repair of cultural heritage under a contract that a cultural heritage repair business entity is awarded, the cultural heritage repair business entity shall submit a report on the repair of cultural heritage to the person placing a contract within 60 days from the date the repair of cultural heritage is completed: Provided, That where a natural disaster occurs or unavoidable circumstances prescribed by Presidential Decree exist, the period may be extended. <Amended by Act No. 13965, Feb. 3, 2016>
(2) Each cultural heritage repair engineer assigned to the site of cultural heritage repair shall conscientiously prepare a report on the repair of cultural heritage. In such cases, if necessary, a cultural heritage repair engineer may request an on-site cultural heritage survey and design business entity for cooperation, and the on-site cultural heritage survey and design business entity in receipt of such request shall conscientiously comply therewith. <Amended by Act No. 13965, Feb. 3, 2016>
(3) The person placing a contract to whom a report on the repair of cultural heritage is submitted as prescribed in paragraph (1) shall submit the report to the Administrator of the Cultural Heritage Administration, and the competent Mayor/Do Governor within 30 days of receipt of such report. <Amended by Act No. 13965, Feb. 3, 2016>
(4) Each report on the repair of cultural heritage specified in paragraphs (1) and (2) shall include matters prescribed by Presidential Decree, such as the current state of cultural heritage to be repaired, completion drawings, etc. <Newly Inserted by Act No. 13965, Feb. 3, 2016>
(5) The Administrator of the Cultural Heritage Administration shall construct a database of reports on the repair of cultural heritage received pursuant to paragraph (3) and of supervision reports received pursuant to Article 38 (6), and make them available to the public through a website, etc. <Newly Inserted by Act No. 13965, Feb. 3, 2016>
 Article 37 (Inspection of Sites, etc. of Repair of Cultural Heritage)
(1) To prevent substandard repair of cultural heritage, the Administrator of the Cultural Heritage Administration, Mayor/Do Governor, or head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may inspect the site of repair of cultural heritage, documents to be placed on the site pursuant to relevant statutes, etc., and where relevant statutes have been violated or the repair, etc. of cultural heritage have been performed differently from design drawings as a result of inspection, he/she may take necessary measures, such as issuing corrective orders, etc. against the cultural heritage repair business entity, etc., cultural heritage repair engineer, or cultural heritage supervisor, or make a request for issuance of a disposition, etc. to suspend business. <Amended by Act No. 13965, Feb. 3, 2016>
(2) To ensure that cultural heritage is repaired in its original form, the Administrator of the Cultural Heritage Administration may give guidance or provide advice on the following matters:
1. Matters concerning historical evidence, type and technique, extent, etc. of repair of cultural heritage;
2. Matters concerning site management, quality management, safety management, environmental management, etc.
SECTION 4 Superintendence
 Article 38 (Conducting Supervision, etc.)
(1) To assure and enhance the quality of repair of cultural heritage, each person placing a contract shall have a cultural heritage supervision business entity conduct general supervision or responsible supervision. <Amended by Act No. 13965, Feb. 3, 2016>
(2) Notwithstanding paragraph (1), a person placing a contract may have the Traditional Building Preservation Technology Promotion Foundation under Article 41-2 conduct general supervision or responsible supervision over the repair of cultural heritage prescribed by Presidential Decree among the repair of cultural heritage performed with full or partial assistance in expenses from the State. <Newly Inserted by Act No. 13965, Feb. 3, 2016>
(3) The repair of cultural heritage subject to general supervision or responsible supervision under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 13965, Feb. 3, 2016>
(4) When a cultural heritage supervision business entity (including the Traditional Building Preservation Technology Promotion Foundation established under Article 41-2; hereafter the same shall apply in this Article) conducts general supervision or responsible supervision as prescribed in paragraphs (1) through (3), it shall assign an affiliated cultural heritage supervisor to the site of repair of cultural heritage. <Amended by Act No. 13965, Feb. 3, 2016>
(5) Each cultural heritage supervision business entity shall prepare a report on general supervision or responsible supervision, as prescribed by Presidential Decree, and submit it to the person placing a contract. <Amended by Act No. 13965, Feb. 3, 2016>
(6) A person placing a contract in receipt of a supervision report pursuant to paragraph (5) shall submit such supervision report to the Administrator of the Cultural Heritage Administration or the competent Mayor/Do Governor within 30 days from the date he/she receives such supervision report. <Newly Inserted by Act No. 13965, Feb. 3, 2016>
(7) The authority, scope of duties, and assignment of a cultural heritage supervisor who conducts general supervision or responsible supervision, methods and procedures for conducting general supervision or responsible supervision, and other necessary matters, shall be prescribed by Presidential Decree. <Amended by Act No. 13965, Feb. 3, 2016>
 Article 39 (Orders to Re-perform, etc. by Cultural Heritage Supervisors)
(1) Where a cultural heritage repair business entity performs the repair of cultural heritage not in conformity with the design drawings or specification of repair of cultural heritage or details of other relevant documents, the cultural heritage supervisor may issue an order to re-perform or suspend the repair of cultural heritage, or take other necessary measures.
(2) A cultural heritage repair business entity in receipt of an order to re-perform or suspend the repair of cultural heritage, or an instruction to take other necessary measures under paragraph (1), shall comply therewith, except in extenuating circumstances.
(3) Where a cultural heritage supervisor issues an order to re-perform or suspend the repair of cultural heritage or takes other necessary measures against a cultural heritage repair business entity under paragraph (1), he/she shall notify the person placing a contract of such fact without delay.
(4) When a person placing a contract receives notification prescribed in paragraph (3), he/she shall take measures necessary therefor without delay.
 Article 40 (Corrective Measures against Cultural Heritage Supervisors)
(1) Where the repair of cultural heritage is feared to be performed unsatisfactorily as a cultural heritage supervisor fails to perform his/her duties conscientiously, the person placing a contract may issue a corrective order to such cultural heritage supervisor or request the cultural heritage supervision business entity to replace such cultural heritage supervisor.
(2) A cultural heritage supervisor in receipt of a request to issue a corrective order by the person placing a contract or a cultural heritage supervision business entity in receipt of a request to replace a cultural heritage supervisor by the person placing a contract under paragraph (1), shall comply therewith, except in extenuating circumstances.
 Article 41 (Restrictions on Supervision)
Where a cultural heritage repair business entity and a cultural heritage supervision business entity are the same person or their relationship falls under any of the following, they shall not be allowed to perform both the repair and supervision of cultural heritage simultaneously: <Amended by Act No. 13965, Feb. 3, 2016>
1. Where the relationship between the two of them is that of a parent company and a subsidiary, which is prescribed by Presidential Decree;
2. Where the relationship between the two of them is that of a juristic person and an executive or employee of such juristic person;
3. Where the relationship between the two of them is that of kinship prescribed in Article 777 of the Civil Act;
4. Where the Traditional Building Preservation Technology Promotion Foundation established under Article 41-2 directly performs the repair of cultural heritage pursuant to Article 5 (3).
CHAPTER IV TRADITIONAL BUILDING PRESERVATION TECHNOLOGY PROMOTION FOUNDATION, ETC.
 Article 41-2 (Establishment of Traditional Building Preservation Technology Promotion Foundation)
(1) To comprehensively and systematically perform the following projects for the promotion of traditional building preservation technologies, a Traditional Building Preservation Technology Promotion Foundation (hereinafter referred to as the "Foundation") shall be established under the Cultural Heritage Administration:
1. Collection and conservation of traditional building frame materials and other materials, etc., and inspection, research and exhibition thereof;
2. Management of supply of and demand for traditional materials, expansion of supply, and assistance to commercialization;
3. Inspection and research of traditional management technologies and vitalization of succession thereof;
4. Repair of cultural heritage (limited to where the importance and difficulty of repair of cultural heritage is high, which is prescribed by Presidential Decree);
5. General supervision or responsible supervision specified in Article 38 (2);
6. Inspection and research of traditional buildings in North Korea and assistance for preservation;
7. Projects entrusted by the Administrator of the Cultural Heritage Administration or the heads of local governments;
8. Other projects necessary for the objectives for establishment of the Foundation.
(2) The Foundation shall be a juristic person.
(3) The Foundation shall employ executives and necessary employees, as specified by its articles of incorporation.
(4) The State may contribute or provide funds necessary for expenses incurred in establishing and operating the Foundation, within budgetary limits.
[This Article Newly Inserted by Act No. 13965, Feb. 3, 2016]
 Article 42 (Establishment of Cultural Heritage Conservation Association)
(1) Cultural heritage repair business entities, etc. may establish the Cultural Heritage Conservation Association for the maintenance of dignity, for the sound development of business relating to the repair of cultural heritage, such as the improvement of technologies, for mutual-aid projects, etc.
(2) The Cultural Heritage Conservation Association shall be a juristic person.
(3) The Cultural Heritage Conservation Association shall be established at the time when it registers such establishment at the location of its main office.
(4) Matters concerning the qualifications for membership and executives of the Cultural Heritage Conservation Association shall be stipulated by the articles of association, and it may have branches or sub-branches.
(5) Matters to be stipulated in the articles of association, and matters necessary for mutual-aid projects and supervision of the Cultural Heritage Conservation Association, shall be prescribed by Presidential Decree.
 Article 43 (Procedures for Authorizing Establishment of Cultural Heritage Conservation Association, etc.)
(1) When the Cultural Heritage Conservation Association is to be established, an application for authorization of the Cultural Heritage Conservation Association shall be filed with the Administrator of the Cultural Heritage Administration after at least ten persons having qualifications for membership propose to establish the Cultural Heritage Conservation Association and the articles of association are prepared at the inaugural general meeting with approval from at least a third of the cultural heritage repair business entities, etc. having qualifications for membership.
(2) When the Administrator of the Cultural Heritage Administration authorizes the Cultural Heritage Conservation Association in accordance with an application prescribed in paragraph (1), he/she shall publicly announce such fact.
(3) Until the Cultural Heritage Conservation Association is established and executives are appointed, necessary duties shall be performed by proposers.
 Article 44 (Application Mutatis Mutandis of the Civil Act)
(1) Except as otherwise expressly provided for in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the Foundation.
(2) Except as otherwise expressly provided for in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Cultural Heritage Conservation Association.
[This Article Wholly Amended by Act No. 13965, Feb. 3, 2016]
CHAPTER V SUPERVISION
 Article 45 (Examination, etc. of Current State of Repair of Cultural Heritage)
(1) Where the Administrator of the Cultural Heritage Administration or a Mayor/Do Governor deems it necessary to determine as to whether a cultural heritage repair business entity, etc. conforms to the standards for registration, subcontracting is appropriate, etc., he/she may have the cultural heritage repair business entity, etc. report on the current state of duties and repair, etc. of cultural heritage or order it to submit data, and have affiliated public officials inspect the current state of management or examine relevant documents and facilities. <Amended by Act No. 13965, Feb. 3, 2016>
(2) Public officials conducting inspections or examinations prescribed in paragraph (1) shall carry a certificate indicating their authority and produce it to interested persons.
(3) If necessary, the Administrator of the Cultural Heritage Administration or a Mayor/Do Governor may request persons relating to the repair, etc. of cultural heritage, such as a person placing a contract of repair, etc. of cultural heritage, cultural heritage supervisor, etc. to submit data on the repair, etc. of cultural heritage. <Amended by Act No. 13965, Feb. 3, 2016>
 Article 46 (Corrective Orders, etc.)
(1) Where a cultural heritage repair business entity, etc. falls under any of the following, the Administrator of the Cultural Heritage Administration, Mayor/Do Governor, or head of a Si/Gun/Gu may order him/her to take corrective measures for a specified period or take other necessary measures:
1. Where the cultural heritage repair business entity, etc. fails to make a report of modification, in violation of Article 14 (2);
2. Where the cultural heritage repair business entity, etc. fails to retain a book of contracts for the repair of cultural heritage, book of contracts for on-site survey and design, or book of contracts for supervision at the principal office, in violation of Article 24 (3);
3. Where the cultural heritage repair business entity, etc. fails to pay the subcontracted amount, in violation of Article 28;
4. Where the cultural heritage repair business entity, etc. compels a subcontractor to engage in unfair acts, in violation of Article 30 (2);
5. Where the cultural heritage repair business entity, etc. fails to submit a report on the repair of cultural heritage or prepares such report unconscientiously, in violation of Article 36 (1) or (2);
6. Where the cultural heritage repair business entity, etc. fails to bear expenses or give unfavorable treatment, in violation of Article 53 (3);
7. Where the cultural heritage repair business entity, etc. fails to perform the contracted repair of cultural heritage without just grounds.
(2) Where a cultural heritage repair engineer or cultural heritage supervisor fails to receive specialized education prescribed in Article 53 (1), the Administrator of the Cultural Heritage Administration may order him/her to make corrective measures for a specified period or issue other necessary directions to him/her. <Amended by Act No. 13965, Feb. 3, 2016>
 Article 47 (Revocation, etc. of Qualification of Cultural Heritage Repair Engineers)
(1) Where a cultural heritage repair engineer falls under any of the following, the Administrator of the Cultural Heritage Administration may revoke his/her qualification or order such engineer to suspend his/her qualification for a specified period of up to three years, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That in cases falling under subparagraph 1, 2, or 6, the Administrator of the Cultural Heritage Administration shall revoke his/her qualification: <Amended by Act No. 13965, Feb. 3, 2016>
1. Where he/she obtains his/her qualification fraudulently or deceptively;
2. Where he/she continues to perform his/her duties even after he/she is issued a disposition to suspend his/her qualification;
3. Where he/she breaks or damages designated cultural heritage while repairing cultural heritage;
4. Where he/she performs the repair, etc. of cultural heritage, in violation of any matter to be observed pursuant to Article 5;
4-2. Where he/she receives illegal solicitations and acquires property or profits from property, or provides property or profits from property while making illegal solicitations, in violation of Article 6-2;
5. Where he/she performs the duties of repair, etc. of cultural heritage in a field, other than the field of technology in which he/she has obtained his/her qualification, in violation of Article 8 (2);
6. Where he/she fails to be eligible for a cultural heritage repair engineer as he/she falls under any subparagraph of Article 9;
7. Where he/she allows another person to perform the duties of repair, etc. of cultural heritage using his/her name or lends his/her certificate of qualification of a cultural heritage repair engineer, in violation of Article 10 (3);
8. Where he/she is employed by at least two cultural heritage repair business entities, etc. at the same time, in violation of Article 10 (4);
8-2. Where he/she reports his/her career, etc. or a change thereto fraudulently, in violation of Article 13-2 (3);
9. Where he/she leaves the site of repair of cultural heritage without just grounds, in violation of Article 33 (2);
10. Where he/she fails to implement necessary measures, such as corrective orders, etc. prescribed in Article 37 (1);
11. Where he/she conducts supervision in violation of the scope of duties of a cultural heritage supervisor prescribed by Presidential Decree pursuant to Article 38 (7).
(2) A person whose qualification for a cultural heritage repair engineer is revoked under paragraph (1) shall return his/her certificate of qualification to the Administrator of the Cultural Heritage Administration without delay.
(3) Where the Administrator of the Cultural Heritage Administration suspends the qualification of a cultural heritage repair engineer as prescribed in paragraph (1), he/she shall state the details of a disposition and grounds therefor in the qualification certificate of the cultural heritage repair engineer.
(4) Where a cultural heritage repair engineer falls under any subparagraph of paragraph (1) while the head of a central administrative agency or the head of a local government performs the duties of repair, etc. of cultural heritage among the duties under his/her jurisdiction, he/she shall notify the Administrator of the Cultural Heritage Administration of such fact.
(5) Where the Administrator of the Cultural Heritage Administration revokes the qualification of a cultural heritage repair engineer under paragraph (1), he/she shall announce the following matters and notify the Mayor/Do Governor of such fact:
1. Name;
2. Type and number of qualification;
3. Details of a disposition, and reasons and grounds therefor.
 Article 48 (Revocation, etc. of Qualification of Cultural Heritage Repair Technicians, etc.)
Article 47 (excluding paragraph (1) 6 of the same Article) shall apply mutatis mutandis to the revocation, etc. of qualification of cultural heritage repair technicians.
 Article 49 (Revocation, etc. of Registration of Cultural Heritage Repair Business Entities, etc.)
(1) Where any of the following is applicable to a cultural heritage repair business entity, etc. registered under Article 14 (1), a Mayor/Do Governor may revoke the registration or issue an order to suspend business for a specified period by up to three years, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That where subparagraph 1, 3, or 5 is applicable to the cultural heritage repair business entity, etc., the Mayor/Do Governor shall revoke the registration: <Amended by Act No. 12693, May 28, 2014; Act No. 13965, Feb. 3, 2016>
1. Where the cultural heritage repair business entity, etc. obtain registration fraudulently or deceptively;
2. Where the cultural heritage repair business entity, etc. perform the repair, etc. of cultural heritage, in violation of matters to be observed pursuant to Article 6;
2-2. Where the cultural heritage repair business entity, etc. receive illegal solicitations and acquire property or profits from property, or provide property or profits from property to others while making illegal solicitations, in violation of Article 6-2;
3. Where the cultural heritage repair business entity, etc. operate business during the period of suspension of business or in violation of paragraph (2);
4. Where the cultural heritage repair business entity, etc. fail to meet the requirements for registration of technical capability, capital, facilities, etc. prescribed in Article 14 (1): Provided, That in cases prescribed by Presidential Decree, such as where capital temporarily falls short of the requirements for registration, an exception may be made;
5. Where the cultural heritage repair business entity, etc. fall under any subparagraph of Article 15 (excluding where on-site cultural heritage survey and design business entity falls under subparagraph 7 of the same Article, or where a cultural heritage repair business entity, etc. transfers cultural heritage repair business, etc. within three months as prescribed in Article 20 (3) (including where such provisions apply mutatis mutandis under Article 23)): Provided, That this shall not apply in any case falling under subparagraph 8 of Article 15, where an executive of the relevant juristic person falls under any of subparagraphs 1 through 7 of the same Article, and such executive is replaced by a new executive within three months;
6. Where the cultural heritage repair business entity, etc. operate cultural heritage repair business, etc. without making a report prescribed in Articles 17 (1) (including where such provisions apply mutatis mutandis under Article 23) and 20 (2) (including where such provisions apply mutatis mutandis under Article 23) or after making a report fraudulently or deceptively;
7. Where the cultural heritage repair business entity, etc. allows any other person to be awarded a contract for the repair, etc. of cultural heritage or to perform the repair, etc. of cultural heritage using their name or trade name, or lend their certificate of registration or registration book to other persons, in violation of Article 21 (including where such provisions apply mutatis mutandis under Article 23);
8. Where the cultural heritage repair business entity, etc. destroy designated cultural heritage or damage the original form thereof while performing the repair, etc. of cultural heritage;
8-2. Where the cultural heritage repair business entity, etc. damage the value of cultural heritage or make the repair of cultural heritage impossible, due to an on-site survey and design evidently different from the actual one;
9. Where the cultural heritage repair business entity, etc. borrow and use another person's certificate of a cultural heritage repair engineer or certificate of a cultural heritage repair technician;
10. Where the cultural heritage repair business entity, etc. subcontract the work to other entities, in violation of Article 25;
11. Where the cultural heritage repair business entity, etc. fail to assign a cultural heritage repair engineer to the cultural heritage repair site as prescribed in Article 33 (1);
12. Where the cultural heritage repair business entity, etc. fail to assume the warranty responsibility for repairing defects prescribed in Article 35;
13. Where the cultural heritage repair business entity, etc. violate necessary measures, such as corrective orders, etc. prescribed in Article 37 (1);
14. Where the cultural heritage repair business entity, etc. violate the criteria for assigning cultural heritage supervisors prescribed in Article 38 (4) and (7);
15. Where the cultural heritage repair business entity, etc. fail to submit a supervision report or prepare such report fraudulently or unconscientiously, in violation of Article 38 (5);
16. Where the cultural heritage repair business entity, etc. fail to comply with or reject an order to re-perform or suspend the repair of cultural heritage issued by a cultural heritage supervisor or directions issued thereby for other necessary measures prescribed in Article 39 (2) without just grounds;
17. Where the cultural heritage repair business entity, etc. perform the repair, etc. of cultural heritage of which type of business is other than the registered one;
18. Where the cultural heritage repair business entity, etc. fail to comply with corrective orders or directions prescribed in Article 46 (1).
(2) Where an on-site cultural heritage survey and design business entity is issued a disposition to invalidate a report, etc. on the duties of a certified architect as prescribed in Article 28 (1) of the Certified Architects Act, he/she shall not operate business beginning on the date of disposition notwithstanding paragraph (1), and where he/she is issued a disposition to suspend the duties of a certified architect, he/she shall not operate business during the period of suspension of duties.
(3) Where the head of a central administrative agency or the head of a local government finds that a cultural heritage repair business entity, etc. falls under any subparagraph of paragraph (1) while performing the duties of the repair, etc. of cultural heritage among the duties under his/her jurisdiction, he/she shall notify the Mayor/Do Governor with whom such cultural heritage repair business entity, etc. is registered, of such fact.
(4) Where a Mayor/Do Governor revokes registration or orders to suspend business pursuant to paragraph (1), he/she shall notify, without delay, the Administrator of the Cultural Heritage Administration and other Mayors/Do Governors of such fact, and publicly announce such fact, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 13965, Feb. 3, 2016>
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 50 (Prohibition of Seizure of Wages)
(1) No amount equivalent to wages to be paid to workers engaged in the repair of cultural heritage (including subcontracted repair of cultural heritage) among the contract amount for the repair of cultural heritage that a cultural heritage repair business entity, etc. has been paid, shall be seized.
(2) The range of amount equivalent to wages under paragraph (1) and method of calculation shall be prescribed by Presidential Decree.
 Article 51 (Fees)
(1) Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: <Amended by Act No. 13965, Feb. 3, 2016>
1. A person who applies for the examination to qualify as a cultural heritage repair engineer;
2. A person who applies for the re-issuance of a certificate of a cultural heritage repair engineer as prescribed in Article 10 (2);
3. A person who applies for the examination to qualify as a cultural heritage repair technician;
4. A person who applies for the re-issuance of a certificate of a cultural heritage repair technician as prescribed in Article 12;
4-2. A person who applies for the issuance of a career certificate as prescribed in Article 13-2 (2);
5. A person who applies for registration as a cultural heritage repair business entity, etc. as prescribed in Article 14 (1);
6. A person who applies for the re-issuance of a certificate of registration or registration book of a cultural heritage repair business entity, etc. as prescribed in Article 14 (6);
7. A person who applies for the evaluation of capability to repair cultural heritage as prescribed in Article 14-2 (2);
8. A person who is provided with information on the repair of cultural heritage as prescribed in Article 14-3 (1).
(2) Where an entity entrusted with duties pursuant to Article 56 (2) collects fees as prescribed in paragraph (1), the fees shall be the revenue of the entity entrusted with the duties. <Newly Inserted by Act No. 13965, Feb. 3, 2016>
 Article 52 (Prohibition of Disclosure of Facts Learned in the Course of Duties)
No person who falls under any of the following subparagraphs shall disclose the state of property and duties of a cultural heritage repair business entity that he/she becomes aware of in the course of performing duties without good cause:
1. A public official or a person who has been a public official engaged in the duties of registration or supervision pursuant to this Act;
2. A person who is or has been engaged in the duties entrusted pursuant to Article 56 (2).
 Article 53 (Specialized Education of Cultural Heritage Repair Engineers and Cultural Heritage Supervisors)
(1) Cultural heritage repair engineers and cultural heritage supervisors shall receive specialized education implemented by the Administrator of the Cultural Heritage Administration to enhance the technology and quality of repair, etc. of cultural heritage. <Amended by Act No. 13965, Feb. 3, 2016>
(2) The scope of cultural heritage repair engineers and cultural heritage supervisors to receive specialized education prescribed in paragraph (1) and matters necessary for the implementation of specialized education shall be prescribed by Presidential Decree. <Amended by Act No. 13965, Feb. 3, 2016>
(3) Cultural heritage repair business entities, etc. employing cultural heritage repair engineers and cultural heritage supervisors shall bear expenses incurred for the specialized education of cultural heritage repair engineers and cultural heritage repair technicians, and shall not give disadvantage to the cultural heritage repair engineers and cultural heritage supervisors due to such reasons. <Amended by Act No. 13965, Feb. 3, 2016>
 Article 54 (Evaluation, etc. of Cultural Heritage Repair Business Entities)
(1) In order to enhance the level of sophistication of technology and the quality of repair of cultural heritage of cultural heritage repair business entities and on-site cultural heritage survey and design business entities, the Administrator of the Cultural Heritage Administration or the heads of local governments who placing a contract order for the repair of cultural heritage or on-site survey and design may evaluate those above the standards prescribed by Presidential Decree from among the repairs of cultural heritage or on-site surveys and designs.
(2) The Administrator of the Cultural Heritage Administration or the heads of local governments may designate a cultural heritage repair business entity or on-site cultural heritage survey and design business entity, the outcomes of whose evaluation pursuant to paragraph (1) is excellent as an excellent business entity for a year. In such cases, the Administrator of the Cultural Heritage Administration or the heads of local governments shall publicly announce such fact, as prescribed by Presidential Decree.
(3) Where an excellent business entity prescribed in paragraph (2) is issued a disposition of revocation of registration, etc. conducted under Article 49 during the period of designation, the head of local government may grant him/her reduction or exemption.
(4) If deemed necessary for the evaluation under paragraph (1), the Administrator of the Cultural Heritage Administration or the heads of local governments may directly inspect the site, etc. of repair of cultural heritage or have cultural heritage repair business entities or on-site cultural heritage survey and design business entities submit necessary data.
(5) The standards and procedures for evaluation prescribed in the provisions of paragraphs (1) through (4), methods thereof, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 55 (Hearings)
If the Administrator of the Cultural Heritage Administration or a head of local government is to issue a disposition falling under any of the following subparagraphs, he/she shall hold a hearing:
1. Revocation of qualification of a cultural heritage repair engineer prescribed in Article 47;
2. Revocation of qualification of a cultural heritage repair technician prescribed in Article 48;
3. Revocation of registration of a cultural heritage repair business entity prescribed in Article 49.
 Article 56 (Delegation or Entrustment of Authority)
(1) The authority of the Administrator of the Cultural Heritage Administration bestowed under this Act may be partially delegated to the president of the Korea National University of Cultural Heritage or Mayors/Do Governors, as prescribed by Presidential Decree. <Amended by Act No. 13965, Feb. 3, 2016>
(2) The Administrator of the Cultural Heritage Administration or Mayors/Do Governors may entrust the following duties to the relevant specialized institutions, organizations, etc., as prescribed by Presidential Decree. In such cases, they may subsidize expenses therein, within budgetary limits: <Amended by Act No. 13965, Feb. 3, 2016>
1. Implementation and management of an examination to qualify as a cultural heritage repair engineer under Article 8;
2. Implementation and management of an examination to qualify as a cultural heritage repair technician under Article 11;
3. Receipt of reports, retainment and management of records, and issuance of career certificates under Article 13-2;
4. Evaluation of capability to repair cultural heritage, public notice, and receipt of reports on the previous year's results, etc. under Article 14-2;
5. Management and provision of information on cultural heritage repair business entities, etc. and on the repair of cultural heritage, and establishment and operation of a comprehensive cultural heritage repair information system under Article 14-3;
6. Establishment and operation of a database of reports on the repair of cultural heritage and of supervision reports under Article 36 (5).
 Article 57 (Persons Deemed Public Officials for Purposes of Penalty Provisions)
The executives and employees of the Foundation or persons engaging in the duties entrusted pursuant to Article 56 (2) shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 13965, Feb. 3, 2016>
CHAPTER VII PENALTY PROVISIONS
 Article 58 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not exceeding three years or by a fine not exceeding 30 million won: <Amended by Act No. 13250, Mar. 27, 2015>
1. A person who operates cultural heritage repair business, etc. without making registration prescribed in Article 14 (1) or after making registration fraudulently or deceptively;
2. A person who performs duties or operates business during a period of suspension after being issued a disposition to suspend qualification or a disposition to suspend business prescribed in Article 47 (including where such provisions apply mutatis mutandis under Article 48) or 49;
3. A person who allows another person to perform repair, etc. of cultural heritage in his/her name, lends his/her certificate of cultural heritage repair engineer, or borrows and uses the name or certificate of another cultural heritage repair engineer or another cultural heritage repair technician, in violation of Article 10 (3) (including where such provisions apply mutatis mutandis under Article 12).
 Article 59 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not exceeding one year or by a fine not exceeding ten million won: <Amended by Act No. 13965, Feb. 3, 2016>
1. A person who has any other person perform the repair of cultural heritage or on-site survey and design, in violation of Article 5;
2. Deleted; <by Act No. 13250, Mar. 27, 2015>
3. A person who is concurrently employed by at least two cultural heritage repair business entities, etc., in violation of Article 10 (4) (including where such provisions apply mutatis mutandis under Article 12);
4. A person who allows any other person to obtain a contract for the repair, etc. of cultural heritage or to perform the repair, etc. of culture heritage using his/her name or trade name, or lends his/her certificate of registration or registration book, or a person who uses the name or trade name of any other cultural heritage repair business entity, etc., or borrows and uses the certificate of registration or registration book of another cultural heritage repair business entity, etc., in violation of Article 21 (including where such provisions apply mutatis mutandis under Article 12);
5. A person who awards a subcontract (excluding a person who fails to notify the person placing a contract of the fact of subcontracting, in violation of Article 25 (2)), in violation of Article 25;
6. A person placing a contract who fails to have a cultural heritage supervision business entity conduct general supervision or responsible supervision, in violation of Article 38 (1);
7. A person who concurrently conducts the repair of cultural heritage and supervision, in violation of Article 41.
 Article 60 (Penalty Provisions)
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five million won:
1. A person who fails to post a cultural heritage repair engineer at the site of repair of cultural heritage, in violation of Article 33 (1);
2. A person who refuses, obstructs or evades the inspection, etc. of the site of repair of cultural heritage, in violation of Article 37 (1);
3. A person who discloses the fact that he/she becomes aware of in the course of performing duties, in violation of Article 52.
 Article 61 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits a violation under any of Articles 58 through 60 in connection with the business affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply to cases where such corporation or individual has not been negligent in giving due attention and supervision relating to the relevant duties to prevent violation.
 Article 62 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding 2.5 million won:
1. A person who fails to file a modified report prescribed in Article 14 (2);
2. A person who fails to report a business closure prescribed in Article 14 (3);
3. A person who fails to notify of the details of a disposition prescribed in Article 22 (2);
4. A person who fails to notify the award of a subcontract prescribed in Article 25 (2);
5. A person who gives unjust instructions or imposes unfair acts, in violation of Article 30;
6. A person who leaves the site of repair of cultural heritage without just grounds, in violation of Article 33 (2);
7. A person who refuses, obstructs, or evades inspections or examinations prescribed in Article 45 (1), fails to submit a report or data, or submits false data or files a false report;
8. A person who fails to submit data prescribed in Article 45 (3);
9. A person who fails to comply with a corrective order or directions prescribed in Article 46 (2);
10. A person who submits evaluation data prescribed in Article 54 (4) different from the fact.
(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Administrator of the Cultural Heritage Administration, Mayors/Do Governors, or heads of Sis/Guns/Gus, as prescribed by Presidential Decree.
 Article 62 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding 2.5 million won: <Amended by Act No. 13965, Feb. 3, 2016>
1. A person who fails to file a modified report prescribed in Article 14 (2);
2. A person who fails to report a business closure prescribed in Article 14 (3);
2-2. A person who reports his/her career, etc. fraudulently, in violation of Article 13-2 (3);
2-3. A person who reports the previous year's results, etc. fraudulently, in violation of Article 14-2 (3);
3. A person who fails to notify of the details of a disposition prescribed in Article 22 (2);
4. A person who fails to notify the award of a subcontract prescribed in Article 25 (2);
5. A person who gives unjust instructions or imposes unfair acts, in violation of Article 30;
6. A person who leaves the site of repair of cultural heritage without just grounds, in violation of Article 33 (2);
7. A person who refuses, obstructs, or evades inspections or examinations prescribed in Article 45 (1), fails to submit a report or data, or submits false data or files a false report;
8. A person who fails to submit data prescribed in Article 45 (3);
9. A person who fails to comply with a corrective order or directions prescribed in Article 46 (2);
10. A person who submits evaluation data prescribed in Article 54 (4) different from the fact.
(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Administrator of the Cultural Heritage Administration, Mayors/Do Governors, or heads of Sis/Guns/Gus, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Articles 38, 46 (1) 6 and (2), 49 (1) 14 and 15, and 53, and subparagraph 6 of Article 59 shall enter into force two years after the date of its promulgation, and the requirements for taking qualifying examinations, among Article 8 (5) shall enter into force on the date five years pass from the date of its promulgation.
Article 2 (Applicability to Supervision)
Supervision to be conducted pursuant to Article 38 shall begin to apply from the first contract concluded after such provisions enter into force.
Article 3 (Transitional Measures concerning Cultural Heritage Repair Engineers, etc.)
Cultural heritage repair engineers or cultural heritage repair technicians registered under the former Cultural heritage Protection Act, as at the time this Act enters into force, shall be deemed cultural heritage repair engineers or cultural heritage repair technicians registered under this Act, respectively.
Article 4 (Transitional Measures concerning Registration of Cultural Heritage Repair Business Entities, etc.)
Cultural heritage repair business entities registered under the former Cultural heritage Protection Act, as at the time this Act enters into force, shall be deemed cultural heritage repair business entities registered under this Act: Provided, That on-site survey and design business entities or on-site survey and supervision business entities among cultural heritage repair business entities, shall be deemed cultural heritage survey and design business entities or cultural heritage supervision business entities registered under this Act, respectively.
Article 5 (Transitional Measures concerning Projects underway, such as Repair, etc. of Cultural Heritage)
The former Cultural Heritage Protection Act shall apply to a project for which a contract has been concluded under the former Cultural heritage Protection Act or for which the repair, etc. of cultural heritage is underway as at the time this Act enters into force, until such project is completed.
Article 6 (Transitional Measures concerning Administrative Disposition, etc.)
A disposition issued by the Administrator of the Cultural Heritage Administration, Mayors/Do Governors, etc. or applications, etc. filed with administrative agencies concerning the repair, etc. of cultural heritage under the former Cultural Heritage Protection Act, as at the time this Act enters into force, shall be deemed a disposition issued by administrative agencies or applications, etc. filed with administrative agencies under this Act.
Article 7 (Transitional Measures concerning Penalty Provisions, etc.)
The former Cultural Heritage Protection Act shall apply to the imposition of penalty provisions or administrative fines for offenses committed before this Act enters into force.
Article 8 Omitted.
Article 9 (Relationship with other Statutes)
Where the former Cultural Heritage Protection Act or provisions thereof are cited by other statutes as at the time this Act enters into force, this Act or corresponding provisions of this Act shall be deemed cited in lieu of the former Cultural Heritage Protection Act or provisions thereof, if corresponding provisions exist in this Act.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12693, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Revocation of Registration, etc.)
The amended provisions of proviso to Article 49 (1) 4 shall apply beginning with the first cultural heritage repair business entity whose capital temporarily falls short of the requirements for registration after the enforcement of this Act.
ADDENDA <Act No. 13248, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13250, Mar. 27, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13965, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 13-2, 14-2, 14-3, 25-2, 36 (5), 47 (1) 8-2, 51 (1) 4-2, 7, and 8, 56 (2) 3 through 6, 62 (1) 2-2 and 2-3, 38, 41-2 (1) 5, 47 (1) 11, and 49 (1) 14 and 15, and subparagraph 6 of Article 59 (limited only to the part relating to responsible supervision) shall enter into force three years after the date of promulgation.
Article 2 (Preparation for Establishment of Foundation)
(1) To handle business on the establishment of the Foundation, the Administrator of the Cultural Heritage Administration shall establish a Traditional Building Preservation Technology Promotion Foundation Establishment Committee (hereinafter referred to as "Establishment Committee") within 30 days from the date of promulgation of this Act.
(2) The Establishment Committee shall be comprised of not exceeding seven persons.
(3) The Establishment Committee shall prepare the articles of incorporation of the Foundation, put names and stamps or signatures thereon, and obtain authorization from the Administrator of the Cultural Heritage Administration.
(4) When the Establishment Committee obtains authorization under paragraph (3), it shall register, without delay, the establishment of the Foundation and transfer the business to the chairperson of the Foundation, and the Establishment Committee shall be deemed dissolved when the transfer is completed.
(5) Where the Establishment Committee is dissolved pursuant to paragraph (4), members of the Establishment Committee shall be deemed dismissed.
Article 3 (Applicability to Reasons for Disqualification for Cultural Heritage Repair Engineers, Cultural Heritage Repair Business Entities, etc.)
(1) The amended provisions of subparagraph 5 of Article 9 shall begin to apply from the first person whose qualification of cultural heritage repair engineer is revoked after this Act enters into force.
(2) The amended provisions of subparagraph 5 of Article 15 shall apply even to an entity whose registration of cultural heritage repair business entity, etc. is revoked as it falls under subparagraph 1 and 2 of Article 15 before this Act enters into force.
Article 4 (Applicability to Examination, etc. of Reasonableness of Subcontracts)
The amended provisions of Article 25-2 shall begin to apply from the first conclusion of a subcontract after the same amended provisions enter into force.
Article 5 (Applicability to Submission of Reports on Repair of Cultural Heritage)
The amended provisions of Article 36 shall begin to apply from the first conclusion of a contract after this Act enters into force.
Article 6 (Applicability to Responsible Supervision)
The amended provisions of Article 38 shall begin to apply from the first conclusion of a contract after the same amended provisions enter into force.
Article 7 (Applicability to Public Announcement of Revocation, etc. of Registration of Cultural Heritage Repair Business Entities, etc.)
The amended provisions of Article 49 (4) shall begin to apply from the first revocation of registration or the first order to suspend business after this Act enters into force.
Article 8 (Transitional Measures concerning Standards for Administrative Disposition)
The former provisions shall apply to the disposition on violations committed before this Act enters into force, which was issued by the Administrator of the Cultural Heritage Administration or Mayors/Do Governors.
Article 9 (Transitional Measures concerning Supplementary Education of Cultural Heritage Repair Engineers and Cultural Heritage Supervisors)
Where a cultural heritage repair engineer or a cultural heritage supervisor has received supplementary education pursuant to the former provisions, he/she shall be deemed to have received specialized education pursuant to the amended provisions of Article 53.
ADDENDA <Act No. 14437, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Reasons for Disqualification for Incompetent, etc.)
Notwithstanding the amended provisions of subparagraph 2 of Article 9 and subparagraph 2 of Article 15, the former provisions shall apply to a person to whom the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429) after being sentenced to incompetency or quasi-incompetency as at the time this Act enters into force.
ADDENDA <Act No. 15066, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Transitional Measures concerning Qualifying Examination for Cultural Heritage Repair Engineers)
Notwithstanding the amended provisions of Article 8 (3), public officials engaged in duties of repairing cultural heritage and similar works before this Act enters into force shall be governed by previous provisions.