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CERTIFIED ARCHITECTS ACT

Act No. 1536, Dec. 16, 1963

Amended by Act No. 3074, Dec. 31, 1977

Act No. 3242, Jan. 4, 1980

Act No. 3559, Apr. 3, 1982

Act No. 3767, Dec. 31, 1984

Act No. 4116, Apr. 1, 1989

Act No. 4381, May 31, 1991

Act No. 4501, Nov. 25, 1992

Act No. 4918, Jan. 5, 1995

Act No. 5238, Dec. 30, 1996

Act No. 5454, Dec. 13, 1997

Act No. 5453, Dec. 13, 1997

Act No. 5735, Jan. 29, 1999

Act No. 5815, Feb. 5, 1999

Act No. 6244, Jan. 28, 2000

Act No. 6503, Aug. 14, 2001

Act No. 7593, Jul. 13, 2005

Act No. 8784, Dec. 21, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8974, Mar. 21, 2008

Act No. 9187, Dec. 26, 2008

Act No. 10250, Apr. 12, 2010

Act No. 10392, Jul. 23, 2010

Act No. 10719, May 24, 2011

Act No. 10756, May 30, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11794, May 22, 2013

Act No. 12969, Jan. 6, 2015

Act No. 13472, Aug. 11, 2015

Act No. 15308, Dec. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote the qualitative improvement of buildings and spatial environment and to contribute to the development of architectural culture by stipulating the matters relating to the qualification and duties of a certified architect.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13472, Aug. 11, 2015>
1. The term "certified architect" means any person who provides services under Article 19, including the design of a building and construction supervision after having passed a qualifying examination conducted by the Minister of Land, Infrastructure and Transport;
2. The term "assistant architect" means any person, from among persons who belong to architectural firms under Article 23 and assist with services under Article 19, who falls under any of the following items and has filed a report with the Minister of Land, Infrastructure and Transport:
(a) A person who undertakes or has undertaken practical training under Article 13;
(b) A person who has obtained a qualification of an engineer or industrial engineer in the fields of construction, electricity and electronics, machinery, chemistry, material, information and communications, environment and energy, or safety control pursuant to the National Technical Qualifications Act, or other fields prescribed by Presidential Decree;
(c) A person who graduated from a university or college offering at least four year courses with a construction-related major or who has a qualification equivalent thereto, and who has educational background and career experience prescribed by Presidential Decree;
3. The term "design" means the following activities conducted by a certified architect, under his/her responsibility (including cases where an assistant's aid is received), for construction or major repair of buildings, alteration of the purpose of use, remodelling, placement of building installations, or fabrication of structures:
(a) Inspection of buildings, building installations, structures, spatial environment, and planning of construction, etc.;
(b) Preparation of drawings, structural plans, construction specifications and other necessary documents for construction prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "design documents");
(c) Interpretation of and advice on the intent of the design documents;
4. The term "construction supervision" means activities that a certified architect conducts under his/her responsibility (including cases where an assistant's aid is received) to confirm whether a building, building installations, or structures have been constructed according to the details of the design documents, and to provide guidance on or superintend quality control, construction control, safety control, etc. in accordance with the Building Act;
5. The term "practice of architecture" means carrying on business consisting of the provision of services referred to in Article 19, for gain or reward at another person's request.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 3 Deleted. <by Act No. 3074, Dec. 31, 1977>
 Article 4 (Design, Construction Supervision, etc.)
(1) Except for a certified architect who has filed a report under Article 23 (1) or the proviso to Article 23 (8) or a certified architect who belongs to an architectural firm under paragraph (2) of the same Article, no person shall design the building, etc. of a building as prescribed by Article 23 (1) of the Building Act.
(2) Except for a certified architect who has filed a report under Article 23 (1) or the proviso to Article 23 (8) or a certified architect who belongs to an architectural firm under paragraph (2) of the same Article, no person shall conduct construction supervision, in relation to the building, etc. of a building, for which the certified architect is designated as its supervisor as prescribed by Article 25 (1) of the Building Act.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 5 Deleted. <by Act No. 10756, May 30, 2011 >
CHAPTER II QUALIFICATION
 Article 6 Deleted. <by Act No. 3074, Dec. 31, 1977>
 Article 7 (Acquisition of Architect Qualification, etc.)
(1) Any person who intends to be a certified architect shall pass an architect qualification examination provided for in Article 14.
(2) Any person who intends to be an assistant architect shall file a report with the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 8 (Qualification)
(1) The Minister of Land, Infrastructure and Transport shall issue a qualification certificate as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to any person who has passed an architect qualification examination provided for in Article 14. <Amended by Act No. 10756, May 30, 2011; Act No. 11690, Mar. 23, 2013>
(2) Deleted. <by Act No. 3074, Dec. 31, 1977>
(3) Deleted. <by Act No. 13472, Aug. 11, 2015>
(4) Deleted. <by Act No. 4918, Jan. 5, 1995>
 Article 9 (Grounds for Disqualification)
None of the following persons shall be allowed to obtain an architect qualification: <Amended by Act No. 13472, Aug. 11, 2015>
1. A person under adult guardianship or a person under limited guardianship;
2. A person for whom three years have not passed since his/her imprisonment without labor or greater punishment declared by a court for committing an offense against this Act or the Building Act was completely executed or the non-execution of the sentence became final;
3. A person who is under suspension of the execution of his/her punishment declared by a court for committing an offense referred to in subparagraph 2;
4. A person who has been subject to a disposition issued to cancel his/her architect qualification (excluding cases where the qualification was canceled on the ground that he/she falls under subparagraph 1) and for whom two years have not elapsed from the date of such cancellation.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 10 (Prohibition of Lending, etc. of Name in Qualification Certificate, etc.)
No certified architect shall allow another person to provide a service referred to in Article 19 (hereinafter referred to as "architectural service") in his/her name, or lend his/her qualification certificate to another person.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 11 (Revocation of Qualification, etc.)
(1) Where a certified architect falls under any of the following, the Minister of Land, Infrastructure and Transport shall revoke the qualification of the certified architect: <Amended by Act No. 10756, May 30, 2011; Act No. 11690, Mar. 23, 2013>
1. Where he/she is found to have acquired his/her qualification by fraud or other wrongful means;
2. Where he/she falls under any ground for disqualification provided in subparagraphs 1 through 3 of Article 9;
3. Where he/she allows another person to provide an architectural service in his/her name, or lends his/her qualification certificate, in violation of Article 10;
4. Where he/she continues to practise architecture after having been subjected to a disposition issued to invalidate his/her report on the founding of an architectural firm under Article 28;
5. Where he/she has been subjected three times to the same disposition issued to invalidate his/her report on the founding of an architectural firm under Article 28, due to grounds attributable to him/her;
6. Where his/her design or construction supervision by intent or gross negligence, in violation of Article 23 or 25 of the Building Act, that has led to shoddy construction causing serious damage (referring to a collapse) to major structural parts prescribed by Presidential Decree, brings about a person's death or injury within the warranty period under Article 28 of the Framework Act of the Construction Industry after the commencement of the construction.
(2) Deleted. <by Act No. 4918, Jan. 5, 1995>
(3) Any person whose qualification has been revoked under paragraph (1) shall return his/her qualification certificate to the Minister of Land, Infrastructure and Transport within 15 days from the date of such revocation. <Amended by Act No. 10756, May 30, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 3074, Dec. 31, 1977]
 Article 12 (Prohibition of Use of Similar Title)
No person who is not a certified architect, shall use the title of "certified architect" or any other title similar thereto.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
CHAPTER III ARCHITECT QUALIFICATION EXAMINATION, ETC.
 Article 13 (Practical Training)
(1) If a person applies for an architect qualification examination, he/she shall undertake practical training for at least three years as prescribed by Presidential Decree at an architectural firm prescribed by Presidential Decree: Provided, That any person who is recognized by the Minister of Land, Infrastructure and Transport as having qualification equivalent to that of a certified architect under this Act and has practical experience for a total of five or more years related to construction, from among persons who hold foreign architect licenses or qualifications, shall be eligible to apply for an architect qualification examination without undertaking practical training. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Only those who fall under any of the following subparagraphs shall be eligible for practical training provided for in paragraph (1): <Amended by Act No. 11690, Mar. 23, 2013>
1. A person who has completed the relevant course at a university or college that has established at least a five-year degree course in construction engineering (referring to a university or college that has been established as a non-profit corporation with permission granted by the Minister of Land, Infrastructure and Transport under Article 32 of the Civil Act and has established a degree course in construction engineering authenticated by an institution recognized by the Minister of Education under Article 11-2 of the Higher Education Act) for at least eight semesters;
2. A person who has completed the relevant course at a graduate school that has established a degree course in construction engineering authenticated by an institution referred to in subparagraph 1 for at least semesters prescribed by Presidential Decree;
3. Any other person who has completed a course of study corresponding to that provided for in subparagraph 1 or 2, which is a course of study prescribed by Presidential Decree.
(3) Each person who intends to undertake practical training under paragraph (1) shall file a report thereon with the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The subjects of, procedures and assessment criteria for, and other matters necessary for practical training shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 14 (Architect Qualification Examination)
(1) An architect qualification examination shall be conducted to verify the knowledge and skills necessary for providing an architectural service.
(2) The Minister of Land, Infrastructure and Transport shall conduct an architect qualification examination at least once a year. <Amended by Act No. 11690, Mar. 23, 2013>
(3) A person falling under the proviso to Article 13 (1) may be partially exempted from the subjects of an architect qualification examination as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 15 (Preliminary Architect Examination)
(1) No person, other than any of the following persons, shall apply for a preliminary architect examination: <Amended by Act No. 6503, Aug. 14, 2001; Act No. 7593, Jul. 13, 2005>
1. A person who graduated or is scheduled to graduate from a university or college by completing a prescribed course of study related to construction, or a person who is recognized as having at least a level of education equivalent to such university or college degree under the Higher Education Act;
2. A person who has two or more years of practical experience related to construction, from among those who graduated from a junior college by completing a prescribed course of study related to construction or those who are recognized as having at least a level of education equivalent to such junior college degree under the Higher Education Act;
3. A person who has four or more years of practical experience related to construction, from among those who graduated from a high school or a three-year senior technical school by completing a prescribed course of study related to construction or those who are recognized as having at least a level of education equivalent to such high school or three-year senior technical school degree under the Elementary and Secondary Education Act;
4. Deleted. <by Act No. 6503, Aug. 14, 2001>
(2) The Minister of Land, Infrastructure and Transport shall issue a certificate of passing a preliminary architect examination to the person who has passed a preliminary architect examination, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 5238, Dec. 30, 1996; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 4918, Jan. 5, 1995]
 Article 15 Deleted. <by Act No. 10756, May 30, 2011> <<Enforcement Date: Jan. 1, 2020>>
 Article 15-2 (Sanctions against Dishonest Examinee)
Against an examinee who has cheated on an architect qualification examination, the Minister of Land, Infrastructure and Transport shall suspend or nullify the examination, and suspend his/her qualification to apply for the examination for a period of three years from the date of the relevant examination. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 16 (Subjects of Examination, etc.)
The subjects and methods of an architect qualification examination, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 16-2 Deleted. <by Act No. 10756, May 30, 2011>
 Article 17 (Fees)
Persons falling under any of the following shall pay fees as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>
1. A person who files a report on an assistant architect under Article 7 (2);
2. A person who files a report on practical training under Article 13 (3);
3. A person who intends to apply for an architect qualification examination under Article 14;
4. A person who files for registration of qualification or registration for renewal under Article 18;
5. A person who files a report on the founding of an architectural firm under Article 23 (1);
6. A person who files a report on practising architecture jointly with the founding certified architect of an architectural firm in the Republic of Korea under Article 23 (3);
7. A person who files a report under the proviso to Article 23 (8).
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
CHAPTER III-2 ARCHITECT QUALIFICATION EXAMINATION, ETC.
 Article 18 (Registration of Qualification or Registration for Renewal)
(1) If a person who has passed an architect qualification examination under Article 14 intends to provide an architectural service, he/she shall file for registration with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A person who files for registration under paragraph (1) shall make a declaration of certified architects ethics as prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport shall issue a registration certificate as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to a certified architect who has filed for registration under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(4) No certified architect who has received his/her registration certificate under paragraph (3), shall lend it to another person.
(5) A certified architect who has filed for registration under paragraph (1), shall renew registration as prescribed by Presidential Decree, within the extent of three or more years.
(6) Procedures, required documents, and other matters for registration of qualification under paragraph (1) and registration for renewal under paragraph (5), shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10756, May 30, 2011]
 Article 18-2 (Rejection of Registration of Qualification or of Registration for Renewal)
(1) If a person who files for registration of qualification or for registration for renewal under Article 18 falls under any of the following cases, the Minister of Land, Infrastructure and Transport shall reject such registration: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where he/she falls under any subparagraph of Article 11 (1);
2. Where two years have not passed since the date on which registration of qualification is revoked under Article 18-3;
3. Where he/she fails to undergo practical education provided for in Article 30-2;
4. Where he/she is a certified architect who has been suspended from providing services, by being subjected to disciplinary action under Article 30-3 (2) 2 and the period of such suspension is not terminated.
(2) When rejecting registration of qualification or registration for renewal under paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the applicant without delay of such rejection stating a ground therefor in detail. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10756, May 30, 2011]
 Article 18-3 (Revocation of Registration of Qualification)
(1) If a certified architect who has filed for registration of qualification under Article 18 falls under any of the following cases, the Minister of Land, Infrastructure and Transport shall revoke his/her registration: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where he/she falls under any subparagraph of Article 11 (1);
2. Where he/she is subjected to the revocation of registration of qualification under Article 30-3 (2) 1;
3. Where an application has been filed for revocation of registration of qualification.
(2) Deleted. <by Act No. 13472, Aug. 11, 2015>
(3) No person whose registration has been revoked under paragraph (1) shall be eligible to file for registration of qualification under Article 18 until two years elapse from the date of such revocation.
[This Article Newly Inserted by Act No. 10756, May 30, 2011]
CHAPTER IV SERVICES
 Article 19 (Services)
(1) A certified architect shall provide services related to the design and construction supervision of buildings.
(2) Except for services referred to in paragraph (1), a certified architect may provide the following services: <Amended by Act No. 15308, Dec. 26, 2017>
1. Matters related to the investigation and evaluation of buildings;
2. Matters related to the on-site investigation, inspection and confirmation of buildings under Article 27 of the Building Act;
3. Matters related to the maintenance and management of buildings under Article 35 of the Building Act and construction business management defined in subparagraph 8 of Article 2 of the Framework Act on the Construction Industry;
4. Matters related to the monitoring of buildings in a special building zone and the preparation, etc. of a report thereon under Article 75 of the Building Act;
5. Matters prescribed as certified architect's services by this Act or the Building Act and by any order issued or by any criteria established, etc. under this Act or the Building Act;
6. Matters related to preparing project plans, planning public construction projects, and performing other relevant activities under Article 23 of the Act on the Promotion of Building Service Industry;
7. Where a project owner defined in Article 2 (1) 12 of the Building Act intends to conduct the construction, etc. of a building, matters related to agents for the affairs of authorization, permission, approval, application, etc.;
8. Other matters prescribed as certified architect's services by other statutes.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 19-2 (Management, etc. of Performance of Services)
(1) Each certified architect may submit to the Minister of Land, Infrastructure and Transport the performance of services, etc. that he/she has provided, so as to enable his/her client, etc. to verify and assess the performance of the design or construction supervision. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall maintain and manage the records of performance of services, etc. submitted by certified architects, and provide such records (including issuance of certificates thereof) to the persons in need of such records. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for the submission, management, provision, etc. of performance of services under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 19-3 (Scope of Certified Architect's Services and Standards for Fees concerning Public Projects)
(1) Entities falling under any of the following shall place an order with regard to the services of certified architects in compliance with the standards for fees publicly notified under paragraph (3) for the purposes of sound fosterage of certified architects and assurance of the quality design and construction supervision: <Amended by Act No. 15308, Dec. 26, 2017>
1. The State;
2. Local governments;
3. Public institutions under the Act on the Management of Public Institutions;
4. Other institutions or organizations prescribed by Presidential Decree.
(2) Entities other than those provided for in the subparagraphs of paragraph (1) may use or refer to the standards for fees publicly notified under paragraph (3) in order to achieve the purposes provided for in paragraph (1). <Newly Inserted by Act No. 15308, Dec. 26, 2017>
(3) The Minister of Land, Infrastructure and Transport shall determine and publicly notify the scope of certified architect's services and standards for fees under paragraph (1), in consultation with the Minister of Strategy and Finance and the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 20 (Duty of Good Faith in Providing Services, etc.)
(1) Each certified architect shall observe this Act, the Building Act, and other related statutes, and shall provide services in good faith so that he/she does not pose any impediment to the safety, function and beauty of a building.
(2) Where a certified architect has caused financial loss or damage, by intent or negligence, to his/her client during the provision of services, he/she shall be held responsible for compensation for such loss or damage.
(3) A certified architect shall effect an insurance or mutual aid contract on indemnity for loss or damage. In such cases, a person falling under any subparagraph of Article 19-3 (1) shall include expenses incurred for the insurance or mutual aid in the costs of service.
(4) Matters necessary for the period, types, coverage and means of an insurance or mutual aid pursuant to paragraph (3) shall be prescribed by Presidential Decree.
(5) In assisting the services of a certified architect, his/her assistant architect shall provide services in good faith, in such a manner as to conform to this Act or the Building Act.
(6) No certified architect shall divulge to others any confidential information learned while performing his/her duties or use such confidential information for any other purpose.
(7) No certified architect shall commit any act impairing his/her dignity when providing an architectural service.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 21 (Signature and Seal on Design Documents, etc.)
To assure the quality of an architectural service, a certified architect shall sign and seal design documents, a construction supervision report, and other documents which are prescribed by other related statutes to be prepared by a certified architect (hereafter in this Article referred to as "design documents, etc."). The same shall apply to partial changes in design documents, etc.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 22 Deleted. <by Act No. 6244, Jan. 28, 2000>
 Article 22-2 (Continuation of Architectural Services following Revocation of Qualification, etc.)
(1) A certified architect who has been subject to any of the following dispositions or orders, may continue to provide services under a contract concluded prior to such disposition or order. In such cases, the Minister of Land, Infrastructure and Transport shall notify the relevant client, without delay, of the details of such disposition or order: <Amended by Act No. 11690, Mar. 23, 2013>
1. Revocation of qualification under Article 11;
2. Revocation of registration of qualification under Article 18-3;
3. Invalidation of a report on, or suspension of provision of services by, the founding of an architectural firm under Article 28;
4. Suspension of provision of services under Article 30-3 (2) 2.
(2) A certified architect provided for in paragraph (1) shall be regarded as a certified architect pursuant to this Act, until he/she completes such services.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
CHAPTER V ARCHITECTURAL FIRMS, ETC.
 Article 23 (Report on Founding of Architectural Firm, etc.)
(1) When any certified architect who has filed for registration of qualification under Article 18 intends to practise architecture, he/she shall file a report on the founding of an architectural firm with the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree (hereinafter referred to as "report on the founding of an architectural firm"). <Amended by Act No. 10756, May 30, 2011; Act No. 11690, Mar. 23, 2013>
(2) Each architectural firm may employ its own certified architects, assistant architects, and apprentices (referring to persons who undertake practical training under Article 13; hereinafter the same shall apply) who assist with a service provided by a certified architect (hereinafter referred to as "founding certified architect of an architectural firm) who has filed a report on the founding of an architectural firm. In such cases, its own certified architects shall be persons who have filed for registration of qualification under Article 18, and no founding certified architect of an architectural firm shall allow a person other than its own certified architects to assist with an architectural service. <Amended by Act No. 10756, May 30, 2011>
(3) A person who holds a foreign architect license or qualification may practise architecture, only where he/she has been assigned to provide, jointly with the founding certified architect of an architectural firm, such services as the design or construction supervision of a building, as prescribed by Presidential Decree. In such cases, a person who holds a foreign architect license or qualification shall file a report with the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10756, May 30, 2011; Act No. 11690, Mar. 23, 2013>
(4) For the title of an architectural firm, the term "architectural firm" shall be used. <Amended by Act No. 10756, May 30, 2011>
(5) The founding certified architect of an architectural firm shall establish only one firm, and any certified architect, assistant architect and apprentice may belong only to one architectural firm. <Newly Inserted by Act No. 10756, May 30, 2011>
(6) The procedures for filing a report on the founding of an architectural firm and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10756, May 30, 2011>
(7) Deleted. <by Act No. 6244, Jan. 28, 2000>
(8) Any certified architect who intends to provide any of the following services, may perform it without filing a report on the founding of an architectural firm or without belonging to an architectural firm which has filed such report: Provided, That in cases of subparagraph 2 or 4, the matters relating to such service shall be reported in advance to the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 10756, May 30, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11794, May 22, 2013>
1. Construction project management conducted, as provided in Article 39 (2) of the Construction Technology Promotion Act, by a certified architect who belongs to a construction technology service business entity under Article 26 of the same Act;
2. Design or construction supervision of special buildings or special structures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, provided by a certified architect who belongs to an engineering business entity reported under Article 21 (1) of the Engineering Industry Promotion Act;
3. Design or construction supervision provided by a certified architect who belongs to an architecture-related department in an institution prescribed by Presidential Decree, such as the State, a local government, or a public institution under the Act on the Management of Public Institutions, or a local public enterprise under the Local Public Enterprises Act, for a construction project implemented by the relevant institution or enterprise;
4. Design provided by a certified architect who belongs to a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, for a building of such constructor or constructor's affiliated company (referring to an affiliated company defined in subparagraph 3 of Article 2 of the Monopoly Regulation and Fair Trade Act), which is a building prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(9) The construction supervision of buildings under paragraph (8) 4 shall not be provided by a certified architect who belongs to the relevant constructor. <Amended by Act No. 10756, May 30, 2011>
[This Article Wholly Amended by Act No. 4918, Jan. 5, 1995]
 Article 23-2 Deleted. <by Act No. 4918, Jan. 5, 1995>
 Article 24 (Restriction on Report)
No person falling under any of the following subparagraphs shall file a report on the founding of an architectural firm and a report under the proviso to Article 23 (8):
1. A person falling under any subparagraph of Article 18-2 (1);
2. A person who has been subjected to a disposition issued to invalidate a report on the founding of an architectural firm under Article 28 (1), and for whom two years have not elapsed from the date of such disposition;
3. A person who has been subjected to an order for suspension of providing services under Article 28 (1), and for whom the period of such suspension has not expired;
4. A person who was sentenced to punishment with a fine for having violated this Act or the Building Act, and for whom one year has not elapsed from the date of such sentence;
5. A person who intends to open two or more architectural firms;
6. A person who was declared bankrupt and has not yet been reinstated.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 25 Deleted. <by Act No. 4918, Jan. 5, 1995>
 Article 26 Deleted. <by Act No. 5815, Feb. 5, 1999>
 Article 27 (Report on Alteration of Matters in Report on Founding of Architectural Firm, or Report on Suspension or Closure, etc.)
When the founding certified architect of an architectural firm intends to alter his/her name, the location of the architectural firm, or other matters prescribed by Presidential Decree in a report on the founding of an architectural firm, or when he/she suspends or closes his/her business, he/she shall file a report on such fact with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 28 (Disposition to Invalidate Report on Founding of Architectural Firm, etc.)
(1) Where the founding certified architect of an architectural firm or its own certified architect falls under any of the following, the Minister of Land, Infrastructure and Transport may issue a disposition to invalidate a report on the founding of an architectural firm, or issue an order to suspend the provision of such services for a fixed period of not more than one year: Provided, That in the case of subparagraph 1, 2, 4 or 5, the Minister of Land, Infrastructure and Transport shall issue a disposition to invalidate a report on the founding of an architectural firm: <Amended by Act No. 11690, Mar. 23, 2013>
1. When it is proved that the report on the founding of an architectural firm has been filed by fraud or other wrongful means;
2. Where the registration of qualification of the founding certified architect of an architectural firm is revoked under Article 18-3;
3. Where any certified architect practises architecture, in violation of the scope of services prescribed in Article 19;
4. Where design or construction supervision has been provided, in violation of the regulations concerning the structural stability of a building, thereby resulting in a person's death or injury;
5. Where any certified architect has been issued an order at least twice a year for suspension of providing services and such suspension periods exceed one year;
6. Where any certified architect has founded two or more architectural firms, in violation of Article 23 (5);
7. Where any certified architect has filed a report, by fraud, on the alteration of matters in a report on the founding of an architectural firm, etc. under Article 27;
8. Where any certified architect fails to file a report or files a report by fraud, or refuses, obstructs or avoids an inspection, under Article 30 (1).
(2) In issuing a disposition to invalidate a report on the founding of an architectural firm or issuing an order to suspend the provision of services under paragraph (1), the Minister of Land, Infrastructure and Transport may, if such disposition or order has been caused by the mistake of any assistant architect or apprentice belonging to the architectural firm, order the suspension of services provided by such assistant architect or apprentice for a fixed period not exceeding one year. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The criteria, procedures and other necessary matters for issuing a disposition to invalidate a report on the founding of an architectural firm under paragraph (1) or for issuing an order to suspend the provision of services under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 28-2 (Hearings)
When the Minister of Land, Infrastructure and Transport intends to issue any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 11690, Mar. 23, 2013>
1. Disposition to revoke an architect qualification under Article 11;
2. Disposition to revoke registration of qualification under Article 18-3;
3. Disposition to invalidate a report on the founding of an architectural firm under Article 28.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 29 (Adjustment to Registry of Report on Founding of Architectural Firm)
The Minister of Land, Infrastructure and Transport shall, when any of the following arises, adjust matters in a report on the relevant architectural firm to the registry of a report on the founding of an architectural firm: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13472, Aug. 11, 2015>
1. Where a disposition has been issued to invalidate a report on the founding of an architectural firm under Article 28;
2. Where a report is filed with respect to the alteration, etc. under Article 27;
3. Where any other ground prescribed by Presidential Decree exists.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 30 (Report, Inspection, etc.)
(1) When it is deemed necessary for the enforcement of this Act, the Minister of Land, Infrastructure and Transport may order the founding certified architect of an architectural firm to file a report on necessary matters, or have the public officials belonging to the Ministry inspect the firm's books, documents, and other things. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Each public official who undertakes an inspection in accordance with paragraph (1), shall carry with him/her a certificate representing such authority and produce it to the relevant person when requested.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 30-2 (Practical Education for Certified Architects)
(1) To enhance professional knowledge and technical ability required for providing an architectural service, each certified architect shall, before filing for registration for renewal under Article 18 (5), undergo practical education conducted by the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When any of the following certified architects intends to file for registration of qualification under Article 18, he/she shall undergo practical education conducted by the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013>
1. A certified architect whose registration of qualification is invalidated by failing to file for registration for renewal under Article 18 (5);
2. A certified architect for whom three years has elapsed since his/her registration of qualification was revoked under Article 18-3;
3. A person who has failed to file for registration within three years after obtaining an architect qualification under Article 18 (1).
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
CHAPTER V-2 ARCHITECTURAL FIRMS, ETC.
 Article 30-3 (Disciplinary Action)
(1) Where any certified architect falls under any of the following, the Minister of Land, Infrastructure and Transport may take disciplinary action prescribed in paragraph (2) against the certified architect in accordance with a resolution of the Certified Architects' Disciplinary Committee prescribed in Article 30-4: Provided, That in cases falling under subparagraph 1 or 9, he/she shall revoke registration of qualification under paragraph (2) 1: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where a certified architect has filed for registration of qualification or registration for renewal under Article 18 by fraud or wrongful means;
2. Where a certified architect has violated a declaration of certified architects ethics referred to in Article 18 (2);
3. Where a certified architect has provided services, exceeding the scope of services prescribed in Article 19;
4. Where a certified architect has submitted, by fraud, a performance of services, etc. prescribed in Article 19-2 (1);
5. Where a certified architect has failed to provide an architectural service in good faith, in violation of Article 20 (1);
6. Where a certified architect has divulged to others any confidential information learned while performing his/her duties or has used such confidential information for any other purpose, in violation of Article 20 (6);
7. Where a certified architect has committed an act impairing his/her dignity when providing an architectural service, in violation of Article 20-7;
8. Where a certified architect has founded, or belongs to, two or more architectural firms, in violation of Article 23 (5);
9. Where a certified architect continues to provide an architectural service even after it has been suspended by disciplinary action taken under paragraph (2) 2.
(2) The types of disciplinary action against a certified architect shall be as follows:
1. Revocation of registration of qualification;
2. Suspension of provision of an architectural service for a period not exceeding two years;
3. Reprimand.
(3) A Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), or the association of certified architects to be established under Article 31 (hereinafter referred to as the "association of certified architects") may, where any certified architect is deemed to be subjected to the grounds for disciplinary action falling under any subparagraph of paragraph (1), request the Minister of Land, Infrastructure and Transport to take disciplinary action against the relevant certified architect, along with evidential documents. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Deleted. <by Act No. 13472, Aug. 11, 2015>
(5) A resolution of disciplinary action under paragraph (1) shall be made at the request of the Ministry of Land, Infrastructure and Transport: Provided, That such request for a resolution of disciplinary action shall not be made if three years elapses from the date on which any ground for violation occurs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 10756, May 30, 2011]
 Article 30-4 (Certified Architects' Disciplinary Committee)
(1) The Certified Architects' Disciplinary Committee (hereinafter referred to as the "Disciplinary Committee") shall be established in the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Disciplinary Committee shall consist of nine members including one Chairperson.
(3) The Chairperson of the Disciplinary Committee shall be appointed by the Minister of Land, Infrastructure and Transport from among public officials in general service belonging to the senior civil service of the Ministry of Land, Infrastructure and Transport, and other members shall be appointed or requested by the Minister of Land, Infrastructure and Transport from among public officials or certified architects, belonging to the Ministry of Land, Infrastructure and Transport, or assistant professors or higher who teach courses concerning construction at a university or college defined in Article 2 of the Higher Education Act. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Matters necessary for the organization, operation, etc. of the Disciplinary Committee other than matters prescribed in paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10756, May 30, 2011]
CHAPTER VI THE ASSOCIATION OF CERTIFIED ARCHITECTS
 Article 31 (The Association of Certified Architects)
(1) Certified architects may establish an association of certified architects, with the objective of pursuing qualitative improvement of buildings and development of construction culture, through maintaining the dignity of certified architects, improving their provision of an architectural service, and carrying out research and development of construction technologies.
(2) The association of certified architects shall be a corporation.
(3) The association of certified architects shall be formed with registration for incorporation completed at the location of its main office.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 31-2 (Business)
The association of certified architects may engage in the following business in order to attain the objectives referred to in Article 31:
1. Researches on and studies of buildings;
2. Guidance for improving the quality of buildings and construction technologies;
3. Improvement and development of architectural services;
4. Maintenance of the dignity of its members and establishment of their business moral;
5. Training for improving the qualities of certified architects and assistant architects;
6. Enhancement of welfare of its members and operation of its pension system;
7. Other business necessary for attaining the objectives of the establishment of the association of certified architects.
[This Article Wholly Amended by Act No. 13472, Aug. 11, 2015]
 Article 32 (Main and Branch Offices)
The association of certified architects may set up its main office and, in the necessary places, its branch offices, in accordance with the articles of incorporation.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Articles 33 and 34 Deleted. <by Act No. 10756, May 30, 2011>
 Article 35 (Delegation Provisions)
(1) The matters and the types of business to be contained in the articles of incorporation of the association of certified architects shall be prescribed by Presidential Decree.
(2) When the association of certified architects intends to change its articles of incorporation, it shall obtain authorization from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 36 (Application of Provisions of the Civil Act)
Except as otherwise provided for in this Act, the provisions of the Civil Act, which pertain to incorporated associations shall apply to the association of certified architects.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 37 Deleted. <by Act No. 6503, Aug. 14, 2001>
 Article 38 (Authorization and Public Notification of Establishment)
(1) The association of certified architects shall consist of 1/10 or more of the total number of certified architects who have filed for registration of qualification under Article 18, convene an inaugural meeting that is called for by at least 10 certified architects and attended by at least one half of the total number of certified architects to become the members, draw out the articles of incorporation with the consent of at least two thirds of the attendants at the inaugural meeting, and obtain authorization from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If the Minister of Land, Infrastructure and Transport grants authorization for the establishment of the association of certified architects under paragraph (1), he/she shall make public notification thereof without any delay. <Amended by Act No. 11690, Mar. 23, 2013>
(3) After the association of certified architects has been established, the affairs of the association of certified architects shall be performed by its promoters until the executive officers are appointed.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 38-2 (Supervision)
The Minister of Land, Infrastructure and Transport may, where deemed necessary for supervision, require the association of certified architects to file a report on matters related to the affairs of the association of certified architects. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 6503, Aug. 14, 2001]
CHAPTER VI-2 THE MUTUAL AID ASSOCIATION OF CERTIFIED ARCHITECTS
 Article 38-3 (Establishment, etc. of the Mutual Aid Association of Certified Architects)
(1) Certified architects may establish a mutual aid association of certified architects (hereinafter referred to as the “mutual aid association”) after obtaining authorization therefor from the Minister of Land, Infrastructure and Transport, in order to promote autonomous economic activities through the mutual cooperative organization, to guarantee liabilities for damages necessary for construction, and to provide a diversity of guarantee and financing, etc.
(2) The mutual aid association shall be a corporation and shall be established upon completion of registration for incorporation at the location of its main office.
(3) The qualification of the members of the mutual aid association and matters concerning executive officers, investment, and operation, etc. of the mutual aid association shall be prescribed by the articles of incorporation.
(4) Matters required in the articles of incorporation, coverage and limit of guarantee, and other relevant matters shall be prescribed by Presidential Decree, and the authorization of the Minister of Land, Infrastructure and Transport shall be obtained after a resolution of the board of directors in order to change the articles of incorporation.
[This Article Newly Inserted by Act No. 13472, Aug. 11, 2015]
[Previous Article 38-3 moved to Article 38-11]
 Article 38-4 (Authorization for Establishment of the Mutual Aid Association)
(1) In order to establish the mutual aid association, at least five promoters qualified as the members of the association shall prepare the articles of incorporation at its inaugural general meeting, with the consent of at least 20 persons qualified as the members of the association, and shall file for authorization with the Minister of Land, Infrastructure and Transport.
(2) Where the Minister of Land, Infrastructure and Transport grants authorization for the establishment under paragraph (1), he/she shall make public notification thereof.
[This Article Newly Inserted by Act No. 13472, Aug. 11, 2015]
[Previous Article 38-4 moved to Article 38-12]
 Article 38-5 (Projects of the Mutual Aid Association)
The mutual aid association shall engage in the following projects:
1. Guarantee of a tender, contract, advance payment, defect liability, etc. arising from the provision of services by its members;
2. Financing for its members;
3. Mutual aid projects for guaranteeing liabilities for damages arising from the provision of services by its members and mutual aid projects for improving the welfare of persons who are employed by its members and compensating for losses resulting from accidents on duty;
4. Projects regarding research and education on the improvement and advancement of the technology relevant to the duties of certified architects;
5. Projects for the establishment and operation of facilities shared by its members and for the improvement of convenience of its members;
6. Assistance to the purchase of equipment necessary for the provision of services by its members;
7. Profit-making projects such as the investment necessary for achieving the objectives of its members;
8. Projects incidental to those referred to in subparagraphs 1 through 7, prescribed by the articles of incorporation.
[This Article Newly Inserted by Act No. 13472, Aug. 11, 2015]
 Article 38-6 (Guarantee Regulations)
(1) To engage in guarantee projects referred to in subparagraph 1 of Article 38-5, the mutual aid association shall establish guarantee regulations and when it intends to establish or change the guarantee regulations, it shall report such to the Minister of Land, Infrastructure and Transport.
(2) The guarantee regulations under paragraph (1) shall include matters necessary for the operation of guarantee projects, such as the scope of the guarantee projects, details of guarantee contracts, guarantee fees, and reserves for liability to cover the guarantee.
[This Article Newly Inserted by Act No. 13472, Aug. 11, 2015]
 Article 38-7 (Mutual Aid Regulations)
(1) To engage in mutual aid projects referred to in subparagraph 3 of Article 38-5, the mutual aid association shall establish mutual aid regulations, and when it intends to establish or change the mutual aid regulations, it shall report such to the Minister of Land, Infrastructure and Transport.
(2) The mutual aid regulations under paragraph (1) shall include matters necessary for the operation of mutual aid projects, such as the scope of mutual aid projects, details of mutual aid contracts, fees for mutual aid, mutual aid funds, and reserves for liability to cover mutual aid funds.
[This Article Newly Inserted by Act No. 13472, Aug. 11, 2015]
 Article 38-8 (Investigation and Inspection, etc.)
(1) If deemed necessary for the maintenance, etc. of financial soundness of the mutual aid association, the Minister of Land, Infrastructure and Transport may order the association to report matters regarding its services or to submit data, and may require public officials under his/her jurisdiction to investigate the status of the services or accounting of the mutual aid association or to inspect the ledger or other documents.
(2) The Financial Services Commission may conduct the investigation or inspection under paragraph (1) for the mutual aid projects under subparagraph 3 of Article 38-5, as prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport shall determine and publicly announce the guidelines necessary for the supervision of guarantee projects under subparagraph 1 of Article 38-5 for the sound promotion thereof and the protection of persons entering into contracts.
(4) The Minister of Land, Infrastructure and Transport shall determine and publicly announce the guidelines necessary for the supervision of mutual aid projects under subparagraph 3 of Article 38-5 for the sound promotion thereof and the protection of persons entering into contracts, after consultation with the Chairman of the Financial Services Commission.
[This Article Newly Inserted by Act No. 13472, Aug. 11, 2015]
 Article 38-9 (Liability of the Mutual Aid Association)
(1) Upon occurrence of any event triggering payment of a guaranty deposit as prescribed by statutes or other contracts, etc. for the matters guaranteed by the mutual aid association, the mutual aid association shall pay the guaranty deposit to the guaranty creditor.
(2) The rights of the guaranty creditor for the guaranty deposit against the mutual aid association under paragraph (1) shall lapse upon completion of prescription if unexercised for two years from the expiration date of the guarantee.
[This Article Newly Inserted by Act No. 13472, Aug. 11, 2015]
 Article 38-10 (Application Mutatis Mutandis of other Acts)
Except as provided in this Act, the provisions of the Civil Act governing incorporated associations, and the provisions of the Commercial Act governing accounting of stock companies shall apply mutatis mutandis to the mutual aid association.
[This Article Newly Inserted by Act No. 13472, Aug. 11, 2015]
CHAPTER VI-3 SUPPLEMENTARY PROVISIONS
 Article 38-11 (Delegation and Entrustment of Authority)
(1) The Minister of Land, Infrastructure and Transport may delegate part of his/her authority prescribed in this Act to the Mayor/Do Governor pursuant to Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport may entrust each of the following affairs to the association of certified architects pursuant to the Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13472, Aug. 11, 2015>
1. Management of apprentices;
2. Acceptance of reports from persons who intend to be assistant architects under Article 7 (2);
3. Management of an architect qualification examination provided for in Article 14;
4. Acceptance of registration and issuance and return of registration certificates under Articles 18;
5. Management, etc. of performance of certified architects' services under Article 19-2;
6. Practical education under Article 30-2.
(3) The Minister of Land, Infrastructure and Transport may delegate the affairs concerning disciplinary action against certified architects prescribed in Article 30-3 to the Mayor/Do Governor pursuant to Presidential Decree.
(4) Any person who is dissatisfied with disciplinary action decided by the Mayor/Do Governor may raise an objection with the Minister of Land, Infrastructure and Transport within 30 days after he/she receives the notice of such disciplinary action. If the Minister of Land, Infrastructure and Transport, upon receiving the objection, deems such objection has reasonable grounds, he/she shall cancel the disciplinary action decided by the Mayor/Do Governor, and personally decide disciplinary action against such person.
(5) Matters necessary for the procedure, etc. for raising an objection under paragraph (4) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10756, May 30, 2011]
 Article 38-12 (Legal Fiction as Public Official in Application of Penalty Provisions)
Persons falling under any of the following shall be deemed a public official in application of penalty provisions of Articles 127, and 129 through 132 of the Criminal Act: <Amended by Act No. 13472, Aug. 11, 2015>
1. A person who engages in the provision of services entrusted under Article 38-11 (2);
2. A member of the Disciplinary Committee.
[This Article Newly Inserted by Act No. 10756, May 30, 2011]
[Moved from Article 38-4]
CHAPTER VII PENALTY PROVISIONS
 Article 39 (Penalty Provisions)
A certified architect, assistant architect, or apprentice who has committed any of the following acts in connection with the provision of architectural services, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
1. Act of offering or receiving, or requesting for, illicit money or valuables;
2. Act of compelling or requesting a person to give illicit money or valuables to a third party.
[This Article Newly Inserted by Act No. 12969, Jan. 6, 2015]
[Previous Article 39 moved to Article 39-2]
 Article 39-2 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
1. A person who has acquired an architect qualification or filed for registration of qualification or registration for renewal under Article 18, by fraud or other wrongful means;
2. A person who has designed a building or supervised its construction, in violation of Article 4;
3. A person who has allowed another person to provide an architectural service, using the person's name, or who has lent his/her qualification certificate or registration certificate to another person, in violation of Article 10 or 18 (4), and such another person;
4. A person whose registration of qualification or registration for renewal is refused under Article 18-2 or whose registration of qualification is revoked under Article 18-3, but who has provided any architectural service;
5. A person who has divulged any confidential information learned while performing his/her duties to another person or has used such confidential information for any other purpose;
6. A person who has filed a report on the founding of an architectural firm by fraud or other wrongful means;
7. A person who has practised architecture without filing a report on the founding of an architectural firm, in violation of Article 23;
8. A person who has continued to provide services even after it has been suspended by disciplinary action taken under Article 30-3 (2) 3;
9. Deleted. <by Act No. 12969, Jan. 6, 2015>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 39-3 (Confiscation and Collection)
Any money, valuables, or gains acquired by a person who has committed a crime as provided for in subparagraph 3 of Article 39-2 or by a third party who knows the circumstances shall be confiscated and if confiscation is impossible, the value thereof shall be additionally collected.
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 40 (Joint Penalty Provisions)
If an agent or employee of, or any other person employed by, the founding certified architect of an architectural firm commits a violation referred to in Articles 39 or 39-2 in connection with the business affairs of the founding certified architect of such architectural firm, not only shall such violator be punished, but also the founding certified architect of such architectural firm shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where the founding certified architect of such architectural firm has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense. <Amended by Act No. 12969, Jan. 6, 2015>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
[Moved from Article 42]
 Article 41 (Administrative Fines)
(1) An administrative fine not exceeding one million won shall be imposed on any of the following persons:
1. A person who has used the title of "certified architect" or any other tile similar thereto, in violation of Article 12;
2. A person who has failed to file a report or has filed a report by fraud or has refused, obstructed or evaded an inspection under Article 30 (1).
(2) An administrative fine not exceeding five hundred thousand won shall be imposed on any of the following persons:
1. Deleted; <by Act No. 13472, Aug. 11, 2015>
2. A person who has failed to return his/her qualification certificate, in violation of Article 11 (3);
3. A person who has failed to file a report on alteration, etc., in violation of Article 27;
4. Deleted. <by Act No. 13472, Aug. 11, 2015>
(3) An administrative fine under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10756, May 30, 2011]
 Article 42
[Previous Article 42 moved to Article 40]
 Article 43 Deleted. <by Act No. 3767, Dec. 31, 1984>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Architect License)
(1) Those who, with permission from the local Minister, are engaged in the business of administrative scrivener related to buildings as at the time this Act enters into force, may obtain an appropriate architect license through a screening examination as prescribed by Presidential Decree, notwithstanding the provisions of Article 7: those who are deemed to be qualified for the first-class architects pursuant to this Act shall be given the first-class architect license and others shall be given the second-class architect license.
(2) For the first-class architect licensing examination executed under this Act, an exception may be made with respect to examination subjects and examination methods pursuant to the provisions of Article 16 and other qualifying examination, as prescribed by Presidential Decree.
Article 3 (Application for Screening Examination)
The screening examination pursuant to the provisions of paragraph (1) of the preceding Article shall be limited to one time, and any person who intends to receive such screening examination shall apply to the Minister of Construction with required documents and fees within the period as prescribed by the Cabinet Decree.
Article 4 (Screening Committee)
(1) For the conduct of the screening examination pursuant to the provisions of Article 2 (1) of the Addenda, an architect screening committee shall be provisionally set up in the Ministry of Construction.
(2) Necessary matters for the organization and operation of the architect screening committee shall be as prescribed by the Cabinet Decree.
Article 5 (Transitional Measures)
(1) In the period until the association of architects is incorporated, the remuneration standards as provided in Article 26 shall be determined by the competent local Minister, and published accordingly.
(2) In the period from the enforcement of this Act until the first architect is licensed, the previous administrative scrivener pertaining to construction may continue to perform his/her duties.
(3) In the case where construction permission is received before the period as described in the preceding paragraph expires, the design documents designed by the previous administrative scrivener related to construction continue to retain its validity even after the period expires, and the construction supervision may be conducted by the administrative scrivener related to the construction.
(4) Until the association of architects has been incorporated under this Act, the previous Korea Institute of Registered Architects shall perform the duties of the association of architects pursuant to this Act.
ADDENDA <Act No. 3074, Dec. 31, 1977>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) A first-class architect, pursuant to the previous provisions shall be regarded as an architect pursuant to this Act.
(3) (Transitional Measures) A second-class architect (hereinafter referred to as the "second-class architect") pursuant to the previous provisions may design or supervise the construction of a building which has 3 floors or less and whose total floor space is 1,500 square meters or less, notwithstanding the provisions of Article 4. <Amended by Act No. 3242, Jan. 4, 1980>
(4) (Transitional Measures) With respect to a second-class architect pursuant to the previous provisions, the provisions of Articles 8, 10 through 12, 19 through 42 of this Act shall apply.
(5) (Transitional Measures) A first-class architect and a second-class architect, pursuant to the previous provisions shall receive reissued architect license certificates, license pocketbooks, registration certificates, etc. as prescribed by Presidential Decree.
ADDENDA <Act No. 3242, Jan. 4, 1980>
(1) (Enforcement Date) This Act shall enter into force on April 1, 1980.
(2) (Special Cases concerning Second-Class Architect) Notwithstanding the provisions of Article 16, a second-class architect may obtain an architect license pursuant to this Act through a special screening examination as prescribed by Presidential Decree.
(3) (Transitional Measures concerning Assistant Architect) A person who reported as an assistant architect in accordance with the previous provisions shall be regarded as an assistant architect pursuant to this Act.
ADDENDUM <Act No. 3559, Apr. 3, 1982>
This Act shall enter into force on July 1, 1982.
ADDENDA <Act No. 3767, Dec. 31, 1984>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1985.
(2) (Transitional Measures concerning Registration of Architectural Firm) An architectural firm registered before this Act enters into force shall classify itself as a sole or joint entity within six months from the enforcement date of this Act, and file a report with the Minister of Construction in conformity with the registration criteria of the architectural firm concerned. Until that time, its services shall be provided in accordance with the previous provisions.
(3) (Transitional Measures concerning Services of Architectural Firm) The services related to a contract executed by an architectural firm pursuant to the previous provisions, before a report filed under the provisions of paragraph (2) of the Addenda, shall be reported concurrently with a report filed under the provisions of paragraph (2) and may be provided continuously.
(4) (Transitional Measures concerning Order for Suspension of Services) An order for the close of an architectural firm, received before this Act enters into force shall be regarded as an order for suspension of the services of an architect provided under this Act.
(5) (Transitional Measures concerning Cancellation of License, etc.) In applying the amended provisions of Articles 11 and 28, the number of orders for cancellation of registration and the period covered by an order for the close of an architectural firm, which were received before this Act enters into force, shall not be considered for counting.
ADDENDUM <Act No. 4116, Apr. 1, 1989>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4381, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 4501, Nov. 25, 1992>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 4918, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1995: Provided, That the amended provisions of Articles 7, 13, 14, 15, and 23 (3) shall enter into force on January 1, 1996.
Article 2 (Transitional Measures concerning Assistant Architect)
An assistant architect under the previous provisions as at the time of the enforcement of this Act, shall be deemed an assistant architect under this Act.
Article 3 (Transitional Measures concerning Architect Examination)
Until December 31, 2000 from the enforcement date of this Act, those who, having passed an preliminary architect examination, fall under any of the following subparagraphs, may apply for an architect examination, notwithstanding the criteria for examination eligibility application pursuant to the amended provisions of Article 14:
1. A person who has at least 5 years of practical experience relating to construction, from among those who graduated from a university by completing the prescribed course of study related to construction, or those who are recognized as having equivalent or higher level of education than this as prescribed in the Education Act;
2. A person who has at least 7 years of practical experience related to construction, from among those who graduated from a junior college by completing the prescribed course of study related to construction, or those who are recognized as having equivalent or higher level of education than this as prescribed in the Education Act;
3. A person who has at least 10 years of practical experience related to construction, from among those who graduated from a highschool or a 3-year senior technical school by completing the prescribed course of study related to construction, or those who are recognized as having equivalent or higher level of education than this as prescribed in the Education Act;
4. A person who has at least 14 years of practical experience related to construction.
Article 4 (Transitional Measures concerning Architect License and License Pocketbook)
(1) The architect license certificate and license pocketbook, accorded in accordance with the previous provisions, retain their validity even after their valid period has expired.
(2) The architect license certificate and license pocketbook, accorded in accordance with the previous provisions, may be changed for new ones, as prescribed by the Ordinance of the Ministry of Construction and Transportation.
Article 5 (Transitional Measures concerning Architectural Firm)
A registered architectural firm under the previous provisions as at the time of the enforcement of this Act, shall be regarded as an architectural firm under this Act: Provided, That an architectural firm whose valid period of registration expires before December 31, 1995 shall renew its registration by December 31, 1995 under the provision of Article 23 (7).
Article 6 (Transitional Measures concerning Penalty Provisions)
In applying the penalty provisions related to any act conducted before this Act enters into force, the previous provisions shall apply.
ADDENDUM <Act No. 5238, Dec. 30, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 5735, Jan. 29, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5815, Feb. 5, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) (Transitional Measures concerning Penalty Provisions) In applying the penalty provisions to any act committed before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 6244, Jan. 28, 2000>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the matters concerning the voluntary membership entry of the association of architects, among the amended provisions of Articles 22 and 31 (1) and the amended provisions of Article 33 (1), respectively shall enter into force on January 1, 2001.
(2) (Transitional Measures concerning Architect License) Any architect license granted under the previous provisions as at the time this Act enters into force, shall be deemed the architect qualification granted under this Act.
(3) (Transitional Measures concerning Architect License and License Pocketbook) Any person who is granted an architect license and license pocketbook under the previous provisions as at the time this Act enters into force, may be granted an architect qualification and a qualification pocket-book reissued as prescribed by the Ordinance of the Ministry of Construction and Transportation under this Act.
(4) (Transitional Measures concerning Registration) Any person who files for registration of an architectural firm under the previous provisions as at the time this Act enters into force, shall be deemed to file a report on architectural services under this Act.
(5) (Transitional Measures concerning Administrative Disposition) Any disposition issued to revoke the registration of any architectural firm under the previous provisions as at the time that this Act enters into force, shall be deemed a disposition issued to invalidate a report on architectural services.
(6) (Transitional Measures concerning Penalty Provisions) The application of the penalty provisions to any act committed prior to the enforcement of this Act shall be governed by the previous provisions.
ADDENDA <Act No. 6503, Aug. 14, 2001>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 15 (1) 4 shall enter into force on January 1, 2010, and the amended provisions of subparagraph 5 of Article 17 shall enter into force on January 1, 2002.
(2) (Special Cases concerning Architect Qualification Examination) Any person falling under one of the following subparagraphs may apply for an architect qualification examination not later than December 31, 2009, notwithstanding the amended provisions of Article 14:
1. A person who has acquired the qualification of engineer in the field of construction under the National Technical Qualifications Act;
2. A person who has acquired the qualification of technician in the field of construction under the National Technical Qualifications Act, and who has practical experience related to construction for 5 or more years from the date of acquiring the qualification for undergoing a technician's examination, as of the date of architect qualification examination;
3. A person who has acquired the qualification of industrial technician in the field of construction under the National Technical Qualifications Act, and who has practical experience related to construction for 7 or more years from the date of acquiring the qualification for undergoing an industrial technician's examination, as of the date of architect qualification examination.
ADDENDA <Act No. 7593, Jul. 13, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability) The amended provisions of Article 15 (1) 1 shall apply starting with the first preliminary architect examination held after this Act enters into force.
ADDENDA <Act No. 8784, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Architect Qualifications Deliberation Committee) The Architect Qualifications Deliberation Committee which was composed and is operated pursuant to Articles 13 and 14 of the Enforcement Decree of the Certified Architects Act as at the time this Act enters into force, shall be deemed to have been composed under this Act.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 9187, Dec. 26, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10250, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10392, Jul. 23, 2010>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Contracting Insurance or Mutual Aid) The amended provisions of Article 20 (3) shall apply starting with the first design or construction supervision conducted after this Act enters into force.
ADDENDA <Act No. 10719, May 24, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10756, May 30, 2011>
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 12, 33, 34, 40 and Article 5 (2) of the Addenda shall enter into force on the date of its promulgation and the amended provisions of Article 15 shall enter into force on January 1, 2020.
Article 2 (Special Cases concerning Recognition of Qualification, etc. for Practical Training)
(1) Any person who has completed a course of study corresponding to that under the amended provisions of Article 13 (2), which is a course of study prescribed by Presidential Decree, before this Act enters into force, shall be deemed to have completed a course of study prescribed in the amended provisions of the same paragraph.
(2) Where a person who has fallen under paragraph (1) before this Act enters into force accumulates experience prescribed by Presidential Decree, among practical experience related to construction, he/she shall be deemed to have undertaken practical training under the amended provisions of Article 13.
Article 3 (Special Cases concerning Persons Having Passed Preliminary Architect Examination as at the time this Act Enters into Force)
(1) Any person, who passes an preliminary architect examination provided for in previous Article 15 by December 31, 2019 and accumulates practical experience for at least five years (at least four years, in the case of a person who completes at least a five-year degree course in construction engineering provided for in the amended provisions of Article 13 (2) 1 and obtains such degree) from the date of obtaining the qualification for applying for an preliminary architect examination, may apply for a special examination for architect qualification to be conducted as prescribed by Presidential Decree until December 31, 2026, and a person who passes such special examination for architect qualification shall be deemed to have passed an architect qualification examination prescribed in the amended provisions of Article 14.
(2) The period of practical experience provided for in paragraph (1) shall be calculated in accordance with the previous provisions of Article 16.
(3) Article 15-2 shall apply mutatis mutandis to any applicant who cheats in a special examination for architect qualification provided for in paragraph (1).
Article 4 (Transitional Measures concerning Reports on Assistant Architects)
Notwithstanding the amended provisions of Article 2-2, a person who passes a preliminary architect examination provided for in previous Article 15 by December 31, 2019 may file a report on an assistant architect under the amended provisions of Article 7 (2) by December 31, 2019.
Article 5 (Transitional Measures concerning Conduct, etc. of Preliminary Architect Examination)
(1) The matters provided for in the following subparagraphs with respect to a preliminary architect examination to be conducted until December 31, 2019 shall be governed by the provisions set forth in the relevant subparagraphs:
1. Matters concerning the content and conduct of the examination: Previous Article 13;
2. Sanctions against a person who cheats in the examination: Previous Article 15-2;
3. Matters concerning the subjects and method of the examination, criteria for acceptance, etc.: Previous Article 16;
4. Examination fee: Previous Article 17;
5. Matters concerning application of penalty provisions to a person who has passed the examination by fraud or other wrongful means: Previous Article 39.
(2) Notwithstanding previous Article 15, any of the following persons may apply for a preliminary architect examinations to be conducted until December 31, 2019:
1. A person who graduated or is scheduled to graduate from a graduate school by completing a prescribed course of study related to construction, or a person who is recognized as having at least a level of education equivalent to such graduate school degree under the Higher Education Act;
2. A person who obtains a qualification of professional engineer in the construction field pursuant to the National Technical Qualifications Act;
3. A person who obtains a qualification of engineer in the construction field pursuant to the National Technical Qualifications Act and has practical experience related to construction for at least three years in total before and after obtaining such qualification;
4. A person who obtains a qualification of industrial engineer in the construction field pursuant to the National Technical Qualifications Act and has practical experience related to construction for at least five years in total before and after obtaining such qualification.
Article 6 (Transitional Measures concerning Registration of Qualification of Architect)
(1) Notwithstanding the amended provisions of Article 18 (1), any person who has passed an architect qualification examination and obtained an architect qualification under the previous provisions as at the time this Act enters into force, shall be deemed an architect registered under this Act: Provided, That he/she shall file for registration of qualification under the amended provisions of Article 18 within one year after this Act enters into force.
(2) Where any person fails to file for registration of qualification within the time limit under the proviso to paragraph (1), he/she shall be eligible to register qualification after undergoing practical education under the amended provisions of Article 30-2.
Article 7 (Transitional Measures concerning Report on Founding of Architectural Firm)
Any founding architect of an architectural firm who has filed a report on architectural services as at the time this Act enters into force, shall be deemed to have filed a report on the founding of an architectural firm under the amended provisions of Article 23.
Article 8 (Transitional Measures concerning Administrative Disposition)
Administrative dispositions imposed against violations committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDUM <Act No. 12969, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13472, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That, the amended provisions of Article 8 (3), subparagraphs 1 and 4 of Article 9, Article 18-3 (2), subparagraph 2 of Article 29, Articles 30-3 (4) and 38-11 (2) 4, subparagraph 1 of Article 38-12, and Article 41 (2) 1 and 4 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship or persons under limited guardianship referred to in the amended provision of subparagrsph 1 of Article 9 shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
Article 3 (Transitional Measures concerning Mutual Aid Projects Conducted by the Association of Certified Architects)
(1) The association of certified architects under the previous provision as at the time this Act enters into force shall be deemed the mutual aid association under the amended provision of Article 38-3 (1) until the mutual aid association under the same amended provision is established. In such cases, it shall obtain authorization for establishment of the mutual aid association from the Minister of Land, Infrastructure and Transport pursuant to the amended provision of Article 38-4 (1) within six months from the enforcement of this Act.
(2) All property, and rights and obligations related to the mutual aid projects conducted by the association of certified architects pursuant to the previous provisions as at the time this Act enters into force and the former part of paragraph (1) shall be succeeded by the mutual aid association established pursuant to the amended provision of Article 38-3 (1).
(3) Acts conducted against or by the association of certified architects in connection with the mutual aid projects of the association of certified architects shall be deemed acts conducted against or by the association of certified architects established pursuant to the amended provision of Article 38-3 (1), respectively.
(4) Members who invested in the association of certified architects in connection with the mutual aid projects shall be deemed members who invested in the mutual aid association established pursuant to the amended provision of Article 38-3 (1).
(5) The investment money paid to the association of certified architects in connection with the mutual aid projects shall be deemed the investment money paid to the mutual aid association established pursuant to the amended provision of Article 38-3 (1).
Article 4 (Transitional Measures concerning Administrative Fines)
The previous provisions shall govern when applying the provisions of administrative fines to acts committed before the enforcement of the amended provisions of subparagraphs 1 and 4 of Article 41 (2).
ADDENDA <Act No. 15308, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Standards for Certified Architect’s Fees concerning Public Projects)
The amended provisions of Article 19-3 (1) shall apply beginning with the first services contract for design or construction supervision awarded after this Act enters into force.