CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enhance the quality of repair of national heritage and develop the national heritage repair business in a sound manner by prescribing matters necessary for the repair of national heritage, on-site survey and design, supervision, registration of national heritage repair business, technology management, etc. in order to preserve and inherit national heritage in its original form.
The terms used in this Act are defined as follows: <Amended on Feb. 3, 2016; Nov. 26, 2019; May 18, 2021; Aug. 8, 2023>
| 1. | The term "repair of national 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 defined in Article 2 (3) of the Act on Preservation and Utilization of Cultural Heritage, natural monuments, etc. defined in subparagraph 5 of Article 2 of the Act on the Preservation and Utilization of Natural Heritage; |
| (b) | Provisionally designated cultural heritage defined in Article 32 of the Act on Preservation and Utilization of Cultural Heritage, provisionally designated natural monuments or provisionally designated scenic spot provided in Article 16 of the Act on the Preservation and Utilization of Natural Heritage; |
| (c) | Surrounding public structures and landscape prescribed by Presidential Decree, which embody and constitute the traditional culture of Korea, along with designated cultural heritage and natural monument (including provisionally designated cultural heritage, provisionally designated natural monument, or provisionally designated scenic spot); |
| 1-2. | The term "preservation treatment" means the repair of national heritage, including physical and chemical measures taken to damaged parts of national heritage based on a preservation treatment plan for the original preservation of national heritage; |
| 1-3. | The term "preservation processing plan" means ascertaining the degree and scope of damage to national heritage and determining the methods of preservation, etc. through humanities and scientific research and analysis; |
| 2. | The term "national heritage repair engineer" means a person who takes charge of technical duties concerning the repair of national heritage, and directs and supervises works performed by national heritage repair technicians, who has been issued a certificate as a national heritage repair engineer prescribed in Article 10; |
| 3. | The term "national heritage repair technician" means a person who takes charge of technical duties concerning the repair of national heritage under the guidance and supervision of the national heritage repair engineer, who has been issued a certificate as a national heritage repair technician prescribed in Article 12; |
| 4. | The term "national heritage repair business" means the business of repairing national heritage, which is prescribed by this Act; |
| 5. | The term "national heritage repair business entity" means a person who registers national heritage repair business in accordance with Article 14 and operates national 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 national heritage or for the preservation of records; |
| 7. | The term "business entity of on-site survey and design of national heritage" means a person who registers a business of on-site survey and design of national heritage as prescribed in Article 14 and operates business of on-site survey and design of national heritage; |
| 8. | The term "business entity of on-site survey and design of national heritage" means a person who registers business of on-site survey and design of national heritage as prescribed in Article 14 and operates business of on-site survey and design of national heritage; |
| 9. | The term "supervision" means any of the following, which is relating to the repair of national heritage: |
| (a) | General supervision: Duties of verifying whether the repair of national heritage is conducted in accordance with design drawings, relevant documents, and relevant statutes, and directing and supervising the repair of national heritage; |
| (b) | Responsible supervision: Duties of general supervision and the authority of supervision performed according to relevant statutes on behalf of a person placing an order; |
| 10. | The term "national heritage supervision business" means a business of conducting supervision pursuant to this Act; |
| 11. | The term "national heritage supervision business entity" means a person who registers national heritage supervision business in accordance with Article 14 and operates national heritage supervision business; |
| 12. | The term "national heritage supervisor" means a national heritage repair engineer affiliated with a national heritage supervision business entity or Korea Foundation for the Traditional Architecture and Technology under Article 41-2 and engaging in the duties of supervising the repair of national 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 national 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 national heritage, on-site survey and design, or supervision to a national heritage repair business entity, business entity of on-site survey and design of national heritage, or national heritage supervision business entity; provided, a person who orders a subcontract for the repair of national heritage as a contractor shall be excluded; |
| 15. | The term "contractor" means a national heritage repair business entity, business entity of on-site survey and design of national heritage, or national heritage supervision business entity awarded a contract for the repair of national heritage, on-site survey and design, or supervision by a person placing an order; |
| 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 national heritage; |
| 17. | The term "subcontractor" means a person awarded a subcontract for the repair of national heritage by a contractor. |
| Article 3 (Basic principles for repair of national heritage) |
For the national heritage repair, actual measurement design, or supervision (hereinafter referred to as "national heritage repair, etc."), the methods and technologies most appropriate for preserving the original form of the national heritage shall be used, and the designated cultural heritage, natural monuments, etc. and the surrounding landscape thereof shall not be damaged. <Amended on Aug. 8, 2023>
[Title Amended on Aug. 8, 2023]
| Article 4 (Formulation of plans for repair of national heritage) |
| (1) | To systematically and comprehensively promote a policy on the repair, etc. of national heritage, the Administrator of the Korea Heritage Service 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 national heritage every five years, following deliberation by the National Heritage Repair Technology Committee under Article 4-2. <Amended on Feb. 3, 2016; Jun. 9, 2020, Aug. 8, 2023; Feb. 13, 2024> |
| (2) | When establishing a basic plan for the repair of national heritage, etc. pursuant to paragraph (1), it shall be formulated in connection with the basic plan for national heritage pursuant to Article 6 of the Act on Preservation and Utilization of Cultural Heritage and the natural heritage protection plan under Article 6 of the Act on Preservation and Utilization of Natural Heritage. <Amended on Aug. 8, 2023> |
| (3) | When the Administrator of the Korea Heritage Service formulates a master plan as prescribed in paragraph (1), he or 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. <Amended on Feb. 13, 2024> |
| (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. |
[Title Amended on Aug. 8, 2023]
| Article 4-2 (National Heritage Repair Technology Committee) |
| (1) | The National Heritage Repair Technology Committee (hereinafter referred to as the "Committee") shall be established under the National Heritage Administration to deliberate on the following matters concerning the repair, etc. of national heritage: <Amended on Aug. 8, 2023, Feb. 13, 2024> |
| 1. | Matters concerning a master plan prescribed in Article 4 (1); |
| 2. | Matters concerning the standards for the repair, etc. of national heritage prescribed in Article 7; |
| 3. | Nationally designated cultural heritage under Article 2 (3) 1 of the Act on Preservation and Utilization of Cultural Heritage, natural monuments under subparagraph 2 of Article 2 of the Act on the Preservation and Utilization of Natural Heritage, and the matters pertaining to plans for national heritage repair, etc. for scenic spots under subparagraph 3 of that Article; |
| 4. | Matters referred by the Administrator of the Korea Heritage Service for deliberation on the examination of approval for a design prescribed in Article 33-2 (3); |
| 5. | Other matters prescribed by Presidential Decree to enhance the quality of the repair, etc. of national heritage. |
| (2) | The Committee shall be comprised of up to 30 members, including one chairperson. |
| (3) | Members of the Committee shall be commissioned by the Administrator of the Korea Heritage Service, from among the following persons, while the chairperson shall be elected by and from among the members: <Amended on Aug. 8, 2023; Feb. 13, 2024; Oct. 22, 2024> |
| 1. | A person who is or was in a position equal to or higher than an associate professor at a department related to the repair, etc. of national heritage in a school prescribed in Article 2 of the Higher Education Act; |
| 2. | A person who has worked in fields related to the repair, etc. of national heritage for at least 10 years; |
| 3. | A person who has worked in fields of architecture, natural science, engineering, environment, law, religion, art, craft, etc. for at least 10 years and has abundant knowledge and experience in the repair, etc. of national heritage. |
| (4) | A sectoral committee may be established under the Committee to divide duties by type of national heritage for the deliberation on matters under the subparagraphs of paragraph (1). <Amended on Aug. 8, 2023> |
| (5) | If necessary for deliberation, etc., a subcommittee may hold a meeting with another sectoral committee (hereinafter referred to as "joint sectoral committee"). |
| (6) | Matters deliberated on by a sectoral committee or joint sectoral committee with regard to paragraph (1) 2 through 4 shall be deemed deliberated on by the Committee. |
| (7) | The Committee may have expert members who perform duties such as data collection, investigation, and research on matters to be deliberated on by the Committee under the order of the Administrator of the Korea Heritage Service or the chairperson of each sectoral committee. <Amended on Feb. 13, 2024> |
| (8) | Matters concerning the organization and operation of the Committee, sectoral committees, and sectoral committee subcommittees, and the number, term of office, qualifications, etc. of committee members and expert members shall be prescribed by Presidential Decree. |
[This Article Added on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 4-3 (City/Do Heritage Repair Technology Committee) |
| (1) | A Mayor/Do Governor may establish a National Heritage Repair Technology Committee (hereinafter referred to as "City/Do Heritage Repair Technology Committee") in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") to deliberate on the following matters concerning the repair, etc. of national heritage in his or her jurisdiction: <Amended on Aug. 8, 2023> |
| 1. | City/Do designated cultural heritage pursuant to Article 2 (3) 2 of the Act on Preservation and Utilization of Cultural Heritage and national heritage data pursuant to subparagraph 3 of the same paragraph, and matters pertaining to plans for national heritage repair, etc. for City/Do natural heritage pursuant to subparagraph 4 of Article 2 of the Act on the Preservation and Utilization of Natural Heritage; |
| 2. | Other matters prescribed by ordinance to enhance the quality of the repair, etc. of national heritage. |
| (2) | Matters necessary for the organization and operation of the City/Do Heritage Repair Technology Committee shall be prescribed by ordinance of a City/Do. <Amended on Aug. 8, 2023> |
[This Article Added on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 5 (Restrictions on repair of national heritage and on-site survey and design) |
| (1) | Where the owner of national heritage (including a management organization designated under Article 34 of the Act on Preservation and Utilization of Cultural Heritage and Article 26 of the Act on the Preservation and Utilization of Natural Heritage (hereinafter referred to as "owners, etc.")) intends to repair national heritage, he or she shall order a national heritage repair business entity to repair it or order a national heritage repair engineer and a national heritage repair technician to collaboratively repair it; provided, this shall not apply to minor repairs prescribed by Presidential Decree that do not influence the preservation of relevant national heritage. <Amended on May 18, 2021; Aug. 8, 2023> |
| (2) | In cases of structures prescribed by Presidential Decree, a national 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). <Amended on Aug. 8, 2023> |
| (3) | Notwithstanding paragraphs (1) and (2), the heads of institutions prescribed by Presidential Decree may directly repair national heritage. <Amended on Aug. 8, 2023> |
| (4) | Notwithstanding paragraph (1), the repair of national heritage in the fields without national heritage repair engineers may be conducted by national heritage repair technicians, and the repair of national heritage in the fields without national heritage repair business entities, national heritage repair engineers, and national heritage repair technicians may be conducted by the holders of national intangible heritage or related experts, etc. <Amended on Mar. 27, 2015; Aug. 8, 2023> |
| (5) | An on-site survey and design for the repair of national heritage shall be conducted by a business entity of on-site survey and design of national heritage; provided, this shall not apply to the field of movable cultural heritage, an on-site survey and design for the minor repair of national heritage prescribed by Presidential Decree, the field of plant protection, and an on-site survey and design for preservation treatment directly performed by the Administrator of the Korea Heritage Service. <Amended on Feb. 3, 2016; May 18, 2021; Aug. 8, 2023; Feb. 13, 2024> |
| (6) | Where a business entity of on-site survey and design of national heritage intends to conduct an on-site survey and design in the field of landscape architecture, he or she shall have a national 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. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 5-2 (Exceptions to restrictions on repair of national heritage) |
Notwithstanding the main clause of Article 5 (1), where an electrical construction work under the Electrical Construction Business Act, an information and communications construction work under the Information and Communications Construction Business Act, a fire-fighting system installation work under the Firefighting System Installation Business Act, or other construction works prescribed by Presidential Decree is included in the repair of national heritage, a national heritage repair business entity and a person who registered a business category of performing relevant construction works shall concurrently repair national heritage; provided, the person who registered a business category of performing relevant construction works may solely conduct the repair of national heritage under paragraph 1 (c) of Article 2. <Amended on Aug. 8, 2023; Oct. 22, 2024>
[This Article Added on Dec. 3, 2019]
[Title Amended on Aug. 8, 2023]
| Article 6 (Duty of good faith) |
Persons who conduct the repair, etc. of national heritage shall comply with the following matters: <Amended on Aug. 8, 2023>
| 1. | To perform the duties of repair, etc. of national heritage in good faith; |
| 2. | To perform the duties of repair, etc. of national heritage in conformity with the standards for the repair, etc. of national heritage; |
| 3. | To faithfully prepare a report on the repair, etc. of national heritage and submit it to the person placing an order; |
| 4. | Other matters corresponding to the matters prescribed in subparagraphs 1 through 3, prescribed by Decree of the Ministry of Culture, Sports and Tourism as deemed necessary for the preservation of the original form of national heritage and for the enhancement of the repair of national heritage. |
| Article 6-2 (Prohibition of acquisition or provision of property through improper solicitations) |
Any person engaging in the repair of national 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 national heritage. <Amended on Aug. 8, 2023>
[This Article Added on Feb. 3, 2016]
| Article 7 (Dissemination of standards for national heritage repairs) |
In order to appropriately conduct the repair, etc. of national heritage, the Administrator of the Korea Heritage Service may determine the following standards and have such standards used: <Amended on Aug. 8, 2023; Feb. 13, 2024>
| 1. | Matters concerning standards necessary for the repair, etc. of national heritage or the specification and quality of materials; |
| 2. | Matters concerning the payment of the price of repair, etc. of national heritage; |
| 3. | Matters concerning the preparation of a report on the repair, etc. of national heritage; |
| 4. | Other matters necessary for the performance of the repair, etc. of national heritage. |
[Title Amended on Aug. 8, 2023]
| Article 7-2 (Assistance to traditional technologies) |
| (1) | The Administrator of the Korea Heritage Service may promote the following matters for the conservation, fostering and dissemination of traditional technologies for the repair, etc. of national heritage: <Amended on Dec. 3, 2019; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Research on the restoration of traditional technologies and traditional materials for the repair, etc. of national heritage; |
| 2. | Pilot projects to which traditional technologies and traditional materials for the repair, etc. of national heritage are applied; |
| 3. | Education and transmission of traditional technologies for the repair, etc. of national heritage; |
| 4. | Installation of production facilities or equipment for traditional materials for the repair, etc. of national heritage; |
| 5. | Display and exhibition of the repair, etc. of national heritage; |
| 6. | Other matters necessary for the conservation, fostering and dissemination of traditional technologies for the repair, etc. of national heritage. |
| (2) | Where necessary to promote matters under paragraph (1), the Administrator of the Korea Heritage Service may assist relevant corporations or individuals. <Added on Dec. 3, 2019; Feb. 13, 2024> |
[This Article Added on Feb. 3, 2016]
[Title Amended on Dec. 3, 2019]
| Article 7-3 (Establishment of supply and demand plan for traditional materials) |
| (1) | The Administrator of the Korea Heritage Service shall establish an annual supply and demand plan for traditional materials to systematically supply and manage the traditional materials for the repair, etc. of national heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service may conduct a fact-finding survey on the supply of and demand for traditional materials to establish a supply and demand plan under paragraph (1) rationally. <Amended on Feb. 13, 2024> |
| (3) | Where the Administrator of the Korea Heritage Service conducts a fact-finding survey under paragraph (2), he or she may request the provision of data from the heads of relevant institutions or organizations. In such cases, the heads of institutions, and organization in receipt of such request shall comply therewith except in extenuating circumstances. <Amended on Feb. 13, 2024> |
| (4) | The Administrator of the Korea Heritage Service may stockpile traditional materials which is confirmed to be difficult to supply of as a result of a fact-finding survey under paragraph (2). <Amended on Feb. 13, 2024> |
| (5) | Other matters necessary for the establishment of supply and demand plan under paragraph (1), the fact-finding survey under paragraph (2), and the stockpiling of traditional materials under paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Added on Dec. 3, 2019]
| Article 7-4 (Certification of traditional materials) |
| (1) | The Administrator of the Korea Heritage Service may provide a certification (hereinafter referred to as "certification") for traditional materials of excellent quality for the quality control of traditional materials for the repair, etc. of national heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | A person who intends to obtain the certification shall file an application with the Administrator of the Korea Heritage Service, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 13, 2024> |
| (3) | A person in receipt of the certification may give an indication of certification, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
| (4) | No person who has failed to obtain the certification may give an indication of certification or similar indications. |
| (5) | Other matters necessary for the standards and procedures for the certification shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
[This Article Added on Dec. 3, 2019]
| Article 7-5 (Revocation of certification of traditional materials) |
Where a person in receipt of the certification falls under any of the following, the Administrator of the Korea Heritage Service may revoke the certification, as prescribed by Decree of the Ministry of Culture, Sports and Tourism; provided, where it falls under subparagraph 1, he or she shall revoke such certification: <Amended on Feb. 13, 2024>
| 1. | Where the person was certified by fraud or other improper means; |
| 2. | Where it fails to meet the standards for the certification prescribed in Article 7-4 (5). |
[This Article Added on Dec. 3, 2019]
CHAPTER II National Heritage Maintenance Engineers and National Heritage Maintenance Professionals
| Article 8 (National heritage repair engineer) |
| (1) | A person who intends to become a national heritage repair engineer shall pass an examination to qualify as a national heritage repair engineer for each type of technology conducted by the Administrator of the Korea Heritage Service. In such cases, a person who intends to apply for the qualifying examination to become a national 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. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The types and scope of duties of a national heritage repair engineer shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (3) | An examination to qualify as a national heritage repair engineer shall be conducted at least once a year; provided, where implementation of an examination is not reasonable in consideration of supply of and demand for national heritage repair engineer, etc., he or she need not implement an examination for the relevant year. <Added on Dec. 3, 2019; Aug. 8, 2023> |
| (4) | The examination to qualify as a national heritage repair engineer shall be divided into two parts, which refer to a written examination and an oral examination. <Amended on Dec. 11, 2012; Nov. 28, 2017; Dec. 3, 2019; Aug. 8, 2023> |
| (5) | A person who passes the written examination to qualify as a national heritage repair engineer referred to in paragraph (4) shall be exempt from taking the written examination, which is given as part of the next round of the qualifying examination to become a national heritage repair engineer. <Amended on Dec. 3, 2019; Aug. 8, 2023> |
| (6) | Requirements for taking an examination to qualify as national heritage repair engineers, subjects and methods, and other matters necessary for examination shall be prescribed by Presidential Decree. <Amended on Nov. 28, 2017; Dec. 3, 2019; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 9 (Grounds for disqualification for national heritage repair engineer) |
None of the following persons shall be qualified as a national heritage repair engineer: <Amended on Feb. 3, 2016; Dec. 20, 2016; Mar. 21, 2023; Aug. 8, 2023; Oct. 22, 2024>
| 1. | A person under 18 years of age; |
| 2. | A person under adult guardianship or under 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 suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court for violating the statutes provided in subparagraph 3; |
| 5. | A person for whom three years have not passed since his or her qualification as a national heritage repair engineer was revoked under Article 47 (excluding those whose qualification was revoked as he or she falls under subparagraph 1 or 2 of Article 9). |
[Title Amended on Aug. 8, 2023]
| Article 10 (Issuance of certificate of national heritage repair engineer) |
| (1) | The Administrator of the Korea Heritage Service shall issue a national heritage repair technician certificate to a person who has passed the national heritage repair technician qualification examination. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | If a person issued a certificate of a national heritage repair engineer loses the certificate or the certificate wears out and becomes unusable, he or she may have the certificate reissued by the Administrator of the Korea Heritage Service. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | A national heritage repair engineer shall not have another person perform duties including repair of national heritage using the engineer's name; and no one shall use the name of another national heritage repair engineer to perform duties including repair of national heritage. <Amended on Dec. 22, 2020; Aug. 8, 2023> |
| (4) | No one shall lend or borrow a certificate of a national heritage repair engineer; nor shall he or she arrange such lending or borrowing. <Added on Dec. 22, 2020; Aug. 8, 2023> |
| (5) | A national heritage repair engineer shall not be simultaneously employed by two or more national heritage repair business entities, business entity of on-site survey and design of national heritage, or national heritage supervision business entities (hereinafter referred to as "national heritage repair business entities, etc."). <Amended on Dec. 22, 2020; Aug. 8, 2023> |
| (6) | Matters necessary for the procedures for the issuance and re-issuance of a certificate of a national heritage repair engineer under paragraphs (1) and (2), and the management thereof shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 22, 2020; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 11 (Examination to qualify as national heritage repair technician) |
| (1) | A person who intends to be a national heritage repair technician shall pass an examination to qualify as a national heritage repair technician by skill category implemented by the Administrator of the Korea Heritage Service; provided, a person who holds qualifications in the field of repair of national heritage prescribed by Decree of the Ministry of Culture, Sports and Tourism from among the holders of national intangible heritage and instructors for successor training under Articles 17, 19, 32, and 35 of the Act on the Safeguarding and Promotion of Intangible Heritage shall be deemed to have passed an examination to qualify as a national heritage repair technician in the relevant field when he or she completes a relevant program. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024; Oct. 22, 2024> |
| (2) | The types and scope of duties of a national heritage repair engineer shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (3) | An examination to qualify as a national heritage repair engineer shall be conducted at least once a year; provided, where implementation of an examination is not reasonable in consideration of supply of and demand for national heritage repair engineer, etc., he or she need not implement an examination for the relevant year. <Added on Dec. 3, 2019; Aug. 8, 2023> |
| (4) | The examination to qualify as a national heritage repair technician shall be implemented by dividing into a written examination and an oral examination. <Amended on Dec. 3, 2019; Aug. 8, 2023> |
| (5) | Matters necessary for the implementation of the examination to qualify as a national heritage repair technician, education, etc. shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2016; Dec. 3, 2019; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 12 (Issuance of certificate of national heritage repair engineer) |
| Article 10 shall apply mutatis mutandis to the issuance, etc. of a certificate of a national heritage repair technician. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 13 (Measures against persons who engage in misconduct) |
The Administrator of the Korea Heritage Service shall suspend the qualifying examination or invalidate the qualifying examination of a person who cheats in the examination to qualify as a national heritage repair engineer or in the examination to qualify as a national heritage repair technician, and suspend his or her eligibility for taking the qualifying examinations for three years from the date such examination is implemented. <Amended on Aug. 8, 2023; Feb. 13, 2024>
| Article 13-2 (Reporting by national heritage repair engineers) |
| (1) | Where a national heritage repair engineer or a national heritage repair technician (hereinafter referred to as "national heritage repair engineer, etc."), intends to have his or her work experience, academic background, qualifications, workplace, etc. (hereinafter referred to as "career, etc.") recognized, he or she shall report thereon to the Administrator of the Korea Heritage Service. The same shall also apply to the modification of reported matters. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service in receipt of a report filed under paragraph (1) shall retain and manage the records on the career, etc. of a national heritage repair engineer, etc., and where a national heritage repair engineer, etc. make a request, he or she shall issue a certificate of career, etc. (hereinafter referred to as "career certificate") of the national heritage repair engineer, etc. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | No national heritage repair engineer, etc. shall report his or her career, etc. fraudulently. <Amended on Aug. 8, 2023> |
| (4) | Data necessary for reporting by a national heritage repair engineer, etc., and matters necessary for the retainment and management of records on career, etc., for the issuance of career certificates, etc. under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023> |
[This Article Added on Feb. 3, 2016]
[Title Amended on Aug. 8, 2023]
CHAPTER III OPERATION OF NATIONAL HERITAGE REPAIR BUSINESS
SECTION 1 Registration of National Heritage Repair Business
| Article 14 (Registration of national heritage repair business entity) |
| (1) | A person who intends to operate national heritage repair business, business of on-site survey and design of national heritage, or national heritage supervision business (hereinafter referred to as "national heritage repair business, etc.") shall meet requirements for registration, such as technology capabilities, capital (referring to the asset valuation amount 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. <Amended on Aug. 8, 2023> |
| (2) | Where important matters prescribed by Presidential Decree among the registered ones are modified, a person who has registered national 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. <Amended on Aug. 8, 2023> |
| (3) | The Mayor/Do Governor shall notify a reporter of whether to accept a report on modification within 10 days from the date of receiving such report prescribed in paragraph (2). <Added on Dec. 24, 2018> |
| (4) | Where the Mayor/Do Governor fails to notify the reporter of whether to accept the report on modification or the extension of the handling period under the statutes or regulations related to handling civil petitions within the period specified in paragraph (3), such report shall be deemed accepted on the day following the date such period (where the handling period is extended or re-extended pursuant to the statues or regulations related to handling civil petitions, referring to the relevant handling period) ends. <Added on Dec. 24, 2018> |
| (5) | Where a person who has registered national heritage repair business, etc. as prescribed in paragraph (1) closes down his or her business, he or she shall report thereon to the Mayor/Do Governor, as prescribed by Decree 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. <Amended on Dec. 24, 2018; Aug. 8, 2023> |
| (6) | When a Mayor/Do Governor receives registration, a report of modification, or a report of business closure of national heritage repair business, etc. as prescribed in paragraphs (1), (2) and (5), he or she shall notify the Administrator of the Korea Heritage Service thereof. <Amended on Dec. 24, 2018; Aug. 8, 2023; Feb. 13, 2024> |
| (7) | When a Mayor/Do Governor registers national heritage repair business, etc. as prescribed in paragraph (1), he or she shall issue a certificate of registration and a registration book. <Amended on Dec. 24, 2018; Aug. 8, 2023> |
| (8) | Where a certificate of registration or registration book issued as prescribed in paragraph (7) is lost or becomes unusable, it may be reissued. <Amended on Dec. 24, 2018> |
| (9) | Matters necessary for the procedures for the registration of national 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 Decree of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 24, 2018; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 14-2 (Evaluation of capability to repair national heritage and public notice thereof) |
| (1) | In an effort to assist a person placing an order in selecting an adequate national heritage repair business entity, the Administrator of the Korea Heritage Service shall evaluate the capability to repair national heritage and make a public notice thereof if a national heritage repair business entity files an application. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | A cultural repair business entity intending to undergo evaluation conducted under paragraph (1) shall annually report the previous year's results of repair of national heritage, current state of engineers on the payroll, financial status, and other matters prescribed by Decree of the Ministry of Culture, Sports and Tourism (hereinafter referred to as "previous year's results, etc.") to the Administrator of the Korea Heritage Service. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | No national heritage repair engineer, etc. shall report his or her career, etc. fraudulently. <Amended on Aug. 8, 2023> |
| (4) | Matters necessary for the evaluation of capability, methods of public notice, reporting on the previous year's results, etc. shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023> |
[This Article Added on Feb. 3, 2016]
[Title Amended on Aug. 8, 2023]
| Article 14-3 Deleted. <Nov. 11, 2025> |
| Article 15 (Reasons for disqualification for national heritage repair business entities) |
None of the following persons shall be qualified as a national heritage repair business entity, etc.; provided, subparagraphs 6 and 7 shall be applicable only to business of on-site survey and design of national heritage entities: <Amended on Feb. 3, 2016; Dec. 20, 2016; Jan. 26, 2021; Mar. 21, 2023; Aug. 8, 2023>
| 2. | In the case of a business entity of on-site survey and design of national heritage, a person under adult guardianship or limited guardianship; |
| 2-2. | In the case of a national heritage repair business entity or national heritage supervision business entity, a person prescribed by Presidential Decree, who is unable to perform the relevant duties due to mental restrictions; |
| 3. | A person in whose case two years have not passed since his or her punishment without labor or heavier punishment declared by a court in violation of the Certified Architects Act (limited to business entity of on-site survey and design of national heritage) or this Act was completed (including where such sentence is deemed completed) or exempted; |
| 4. | A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court for violating the statutes provided in subparagraph 3; |
| 5. | A person in whose case two years have not passed since the registration of national 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 or she fell under subparagraph 1 or 2 of Article 15); |
| 6. | A person in whose case two years have not passed since he or 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 who is under suspension of duties after he or 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 officer falling under subparagraphs 1 through 7. |
[Title Amended on Aug. 8, 2023]
| Article 16 (Types of national heritage repair business) |
| (1) | National heritage repair business under Article 14 is divided into general national heritage repair business and specialized national heritage repair business. <Amended on Aug. 8, 2023> |
| (2) | General national heritage repair business is the business of repairing national heritage in which two or more types of works are involved under comprehensive planning, management and coordination, the types and scope of duties of which shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (3) | Special national heritage repair business is the business of repairing part or specialized field of national heritage, the types and scope of duties of which shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (4) | Notwithstanding paragraphs (2) and (3), in cases of the compound repair of national heritage which is technically difficult to separate and which is prescribed by Presidential Decree, a national heritage repair business entity engaged in the business of the principal part of such repair work may take charge of such repair work. In such cases, a national heritage repair technician engaged in the business of the appurtenant part of such repair work shall be participated in such repair work. <Amended on Dec. 3, 2019; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 17 (Transfer of national heritage repair business) |
| (1) | A national heritage repair business entity shall report to the Mayor/Do Governor, as prescribed by Decree of the Ministry of Culture, Sports and Tourism in any of the following cases: <Amended on Aug. 8, 2023> |
| 1. | Where he or she intends to transfer national heritage repair business; |
| 2. | Where a national heritage repair business entity who is a juristic person intends to merge with another juristic person. |
| (2) | The Mayor/Do Governor shall notify a reporter of whether to accept a report within 10 days from the date of receiving such report prescribed in paragraph (1). <Added on Dec. 24, 2018> |
| (3) | Where the Mayor/Do Governor fails to notify the reporter of whether to accept the report or the extension of the handling period prescribed in the statutes or regulations related to handling civil petitions within the period specified in paragraph (2), such report shall be deemed accepted on the day following the date such period (where the handling period is extended or re-extended pursuant to the statues or regulations related to handling civil petitions, referring to the relevant handling period) ends. <Added on Dec. 24, 2018> |
| (4) | If a report on the transfer of national heritage repair business is accepted under paragraph (1) (including where the report is deemed accepted pursuant to paragraph (3); hereafter the same shall apply in this paragraph), a person who takes over the national heritage repair business shall succeed to the status of national heritage repair business entity of the person who transfers national heritage repair business; and if a report on the merger of juristic persons is accepted, a juristic person established following such merger or surviving such merger shall succeed to the status of national heritage repair business entity of the juristic person liquidated following such merger. <Amended on Aug. 8, 2023> |
| (5) | A person who intends to transfer national heritage repair business as prescribed in paragraph (1) 1 shall announce such fact for at least 30 days, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 24, 2018; Aug. 8, 2023> |
| (6) | The provisions regarding requirements for registration of national heritage repair business entity, etc. prescribed in Article 14 (1) and grounds for disqualification of national heritage repair business entity, etc. prescribed in Article 15 shall apply mutatis mutandis to the report prescribed in paragraph (1). <Amended on Dec. 24, 2018; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 18 (Details of transfer of national heritage repair business) |
| (1) | A person who intends to transfer national heritage repair business shall transfer all the following rights and obligations that come with the national heritage repair business: <Amended on Aug. 8, 2023> |
| 1. | Rights and obligations concerning awarding a contract for the repair of national heritage being performed; |
| 2. | Rights and obligations concerning repairing defects during the period of warranty against defects after the repair of national heritage is completed. |
| (2) | Where the repair of national heritage is being performed in cases falling under paragraph (1), no national heritage repair business shall be transferred to another person, unless approval is obtained from the person placing an order for the repair of relevant national heritage or the contract for the repair of relevant national heritage is terminated. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 19 (Details of transfer of national heritage repair business) |
In cases falling under any of the following cases, a national heritage repair business entity shall not transfer national heritage repair business; provided, in cases where national heritage repair business has to be transferred in cases falling under Article 20 (3), this shall not apply: <Amended on Aug. 8, 2023>
| 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 national 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 national 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. |
[Title Amended on Aug. 8, 2023]
| Article 20 (Inheritance of national heritage repair business) |
| (1) | Where a national heritage repair business entity dies, his or her inheritor shall inherit all the rights and obligations that come with such national heritage repair business entity pursuant to this Act. <Amended on Aug. 8, 2023> |
| (2) | The inheritor described under paragraph (1) shall report inheritance to the Mayor/Do Governor when he or she inherits the national heritage repair business. <Amended on Aug. 8, 2023> |
| (3) | Where an inheritor falls under a ground of disqualification for national heritage repair business prescribed in Article 15, he or she shall transfer the national heritage repair business to any other person within three months from the date on which inheritance begins. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 21 (Prohibition against lending certificate of registration) |
No national heritage repair business entity shall allow a third party to be awarded a contract for the repair of national heritage or to perform the repair of national heritage by using his or her name or trade name, nor lend his or her certificate of registration or registration book issued under Article 14 (7). <Amended on Dec. 24, 2018; Aug. 8, 2023>
| Article 22 (Repair of national heritage after receipt of disposition to revoke registration) |
| (1) | A national heritage repair business entity or his or her comprehensive inheritor issued a disposition to suspend business or to revoke registration prescribed in Article 49, may continue to repair national heritage for which a contract was concluded before such disposition has been issued or for which repairing has commenced after he or she obtained a permit, authorization, etc. pursuant to the relevant statutes. <Amended on Aug. 8, 2023> |
| (2) | A national heritage repair business entity or his or her comprehensive inheritor issued a disposition to suspend business or to revoke registration prescribed in Article 49, shall notify, without delay, the person placing an order for the repair of relevant national heritage, of the details of such disposition. <Amended on Aug. 8, 2023> |
| (3) | Where a national heritage repair business entity continues to perform the repair of national heritage as prescribed in paragraph (1) after registration of the national heritage repair business is revoked, he or she shall be deemed a national heritage repair business entity until he or she finishes the repair of national heritage. <Amended on Aug. 8, 2023> |
| (4) | A person placing an order for the repair of national heritage may terminate the contract only within 30 days from the date he or she receives notification prescribed in paragraph (2) or from the date he or she became aware of the fact, except in extenuating circumstances. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 23 (Application mutatis mutandis) |
The provisions of Articles 17 through 22 shall apply mutatis mutandis to the transfer, etc. of business of on-site survey and design of national heritage or national heritage supervision business. <Amended on Aug. 8, 2023>
SECTION 2 Contracting and Subcontracting
| Article 24 (Principle of contract for national heritage repair) |
| (1) | Parties to a contract of the repair, etc. of national 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. <Amended on Aug. 8, 2023> |
| (2) | Parties to a contract of the repair, etc. of national 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. <Amended on Aug. 8, 2023> |
| (3) | Each contractor shall retain a book of contracts for the repair of national heritage, book of contracts for on-site survey and design, or book of contracts for supervision, stating the details of the repair, etc. of national heritage, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 25 (Restrictions on subcontracting) |
| (1) | A national heritage repair contractor who has been contracted to repair a national heritage must directly perform the repair of the national heritage. However, a general national heritage repair business may subcontract part of the national heritage repair contracted to a specialized national heritage repair business that matches the contents of the national heritage repair. <Amended on Aug. 8, 2023> |
| (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 national heritage repair business entity shall exceed 50/100 of the amount of the repair of national heritage that has been awarded, and the general national heritage repair business entity who awards a subcontract shall notify the person placing such order of the fact, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (3) | No specialized national heritage repair business entity partially subcontracted to repair national heritage by a general national heritage repair business entity as prescribed in the proviso to paragraph (1), shall further subcontract the same. <Amended on Aug. 8, 2023> |
| (4) | No contractor being awarded a contract for supervision shall award a subcontract for such supervision to a third party. |
| Article 25-2 (Evaluation of appropriateness of subcontract agreements) |
| (1) | Where any of the following is applicable, a person placing an order may examine the capability of a subcontractor to repair national heritage or the reasonableness of the details of the subcontract: <Amended on Aug. 8, 2023> |
| 1. | Where the capability of a subcontractor to repair national heritage is deemed significantly deficient in consideration of the size, professionalism, etc. of the repair of national 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 national heritage or the details of a subcontract are deemed unreasonable through examination under paragraph (1), a person placing an order may request the contractor to change the subcontractor or amend the details of subcontract as he or she clearly states the reason. <Amended on Aug. 8, 2023> |
| (3) | Where the capability of a subcontractor to repair national heritage or the details of a subcontract are deemed unreasonable through examination under paragraph (1), a person placing an order may request the contractor to change the subcontractor or amend the details of subcontract as he or she clearly states the reason. <Amended on Aug. 8, 2023> |
| (4) | Where the capability of a subcontractor to repair national heritage or the details of a subcontract are deemed unreasonable through examination under paragraph (1), a person placing an order may request the contractor to change the subcontractor or amend the details of subcontract as he or she clearly states the reason. |
[This Article Added on Feb. 3, 2016]
| Article 26 (Status of subcontractors) |
| (1) | Regarding the repair of national heritage subcontracted, the relevant subcontractor shall assume the same obligation as that of the contractor toward the person placing an order. <Amended on Aug. 8, 2023> |
| (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 national 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 national heritage and other matters recognized as necessary. <Amended on Aug. 8, 2023>
| Article 28 (Payment of price of subcontract) |
| (1) | If a contractor receives the amount of the repair of national heritage on completion, for which a contract has been given by a person placing an order, he or she shall pay all of the subcontract amount to the subcontractor; if the contractor receives the payment for work completed, he or she shall pay in cash the amount corresponding to the portion of repair of national heritage performed by the subcontractor within 15 days from the date (if the contractor receives the payment for repair of national heritage by a draft, referring to the expiry date thereof) he or she is paid. <Amended on Aug. 8, 2023> |
| (2) | Where a contractor receives an advance payment form the person placing an order, he or she shall pay an advance payment to the subcontractor according to the details and proportion of advance payment that he or she receives so that the subcontractor may begin the repair of national 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. <Amended on Aug. 8, 2023> |
| (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 national heritage. <Amended on Aug. 8, 2023> |
| Article 29 (Direct payment of subcontract amount) |
| (1) | Where any of the following cases arises, the person placing an order may pay the subcontract amount equivalent to the portion of the repair of national heritage performed by a subcontractor directly to the subcontractor. In such cases, the liability of the person placing an order to pay amounts to the contractor shall be deemed extinguished to the extent paid to the subcontractor: <Amended on Aug. 8, 2023> |
| 1. | Where an agreement is reached between the person placing an order 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 national 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 Decree of the Ministry of Culture, Sports and Tourism in comparison with the estimated amount of repair of national heritage; |
| 4. | Where the person placing an order 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 an order 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 Decree of the Ministry of Culture, Sports and Tourism. |
| Article 30 (Prohibition of unjust directions by persons placing orders) |
| (1) | No person placing an order who has concluded a contract of repair of national heritage shall give unjust directions, in violation of this Act, to the contractor or subcontractor. <Amended on Aug. 8, 2023> |
| (2) | No contractor shall compel the subcontractor to engage in unfair acts with regard to the repair of national heritage without good cause, taking advantage of prominent position. <Amended on Aug. 8, 2023> |
| Article 31 (Inspections and delivery) |
| (1) | Where a contractor is notified by a subcontractor of the completion of the repair of national heritage or completion of part of the repair of national heritage, he or she shall conduct an examination for confirmation within 10 days. <Amended on Aug. 8, 2023> |
| (2) | Where the subcontracted repair of national heritage is completed as agreed upon as a result of examination prescribed in paragraph (1), the contractor shall accept it without delay. <Amended on Aug. 8, 2023> |
| Article 32 (Request for replacement of subcontractors) |
| (1) | Where a subcontractor is deemed to be performing the repair of national heritage, in violation of relevant statutes or not in conformity with the design drawings, the person placing an order may request the contractor to replace the subcontractor by clarifying the reasons, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| (2) | Where a person placing an order deems that the contractor does not comply with a request to replace a subcontractor prescribed in paragraph (1) without good cause and thus is feared to cause serious influence on the result of the repair of national heritage, he or she may terminate the contract of repair of national heritage. <Amended on Aug. 8, 2023> |
CHAPTER III NATIONAL HERITAGE REPAIR
| Article 33 (Assignment of national heritage repair engineers) |
| (1) | National heritage repair business operators (including the Traditional Architectural Repair Technology Promotion Foundation under Article 41-2; hereinafter the same shall apply in this Article) shall perform national heritage repair services as prescribed by Presidential Decree in order to perform technical work related to national heritage repair. At least one national heritage repair engineer must be placed at the site (in the case of movable cultural heritage, this refers to the place where conservation treatment is actually carried out; hereinafter the same shall apply) and this must be notified to the orderer in writing; provided, if the orderer's approval is obtained, one national heritage repair engineer may be deployed to two or more national heritage repair sites as prescribed by Presidential Decree to the extent that there is no disruption in the performance of the relevant national heritage repair work. <Amended on Feb. 3, 2016; Jun. 9, 2020; May 18, 2021; Aug. 8, 2023> |
| (2) | No national heritage repair engineer assigned as prescribed in paragraph (1) shall leave the site of repair of national heritage without good cause, unless they obtain consent from the person placing an order. <Amended on Aug. 8, 2023> |
| (3) | Where national heritage repair engineers assigned as prescribed in paragraph (1) are deemed seriously lacking in capabilities to perform duties, the person placing an order may request the contractor to change the national heritage repair engineers. In such cases, the contractor shall comply with such request without good cause. <Amended on Aug. 8, 2023> |
| (4) | Notwithstanding paragraph (1), where a specialized national heritage repair business entity who has registered a national heritage repair business prescribed by Presidential Decree is awarded a subcontract for the part of the repair of national heritage by a general national heritage repair business entity pursuant to the proviso of Article 25 (1), national heritage repair business entity need not assign the relevant national heritage repair engineers. <Added on Dec. 3, 2019; Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 33-2 (Approval for design of repair of national heritage) |
| (1) | Where a person placing an order intends to repair any of the following national heritage, etc., the person shall obtain design approval from the Commissioner of the Korea Heritage Service (in cases of national heritage specified in Article 2 (3) 2 and 3 of the Act on Preservation and Utilization of Cultural Heritage and in subparagraph 4 of Article 2 of the Act on Conservation and Utilization of Natural Heritage, referring to the "Mayor/Do Governor"; hereafter the same shall apply in this Article through Article 33-5, and 33-6 (1) and (2)); provided, in cases where minor repairs to the national heritage under the proviso to Article 5 (1) are intended, design approval need not be obtained: <Amended on May 18, 2021; Aug. 8, 2023; Feb. 13, 2024; Oct. 22, 2024> |
| 1. | National heritage falling under item (a) or (b) of subparagraph 1 of Article 2 (excluding movable cultural heritage); |
| 2. | Items falling under subparagraph 1 (c) of Article 2 which are publicly announced by the Administrator of the Korea Heritage Service in consultation with the Mayor/Do Governor. |
| (2) | Where a person placing an order intends to obtain design approval pursuant to the main clause, with the exception of the subparagraphs, of paragraph (1), the person shall file an application therefor with the Commissioner of the Korea Heritage Service, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, such as design drawings. <Amended on Feb. 13, 2024; Oct. 22, 2024> |
| (3) | Where the Administrator of the Korea Heritage Service receives an application for design approval from a person placing an order pursuant to paragraph (2), the Commissioner shall comprehensively examine the following matters: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Appropriate methods and technologies shall be used to preserve the original form of national heritage; |
| 2. | Traditional technologies and original materials shall be used; provided, where the traditional technologies or original materials are not used, the effectiveness thereof shall have been proved; |
| 3. | The regional characteristics of the relevant national heritage shall be taken into consideration. |
| (4) | Where necessary for the examination under paragraph (3), the Administrator of the Korea Heritage Service may request necessary data from the person placing an order. <Amended on Feb. 13, 2024> |
| (5) | The Administrator of the Korea Heritage Service shall notify the person placing an order of whether the design is approved after the examination under paragraph (3). <Amended on Feb. 13, 2024> |
| (6) | The application for design approval, procedures for design approval, and detailed standards under the subparagraphs of paragraph (3) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
[This Article Added on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 33-3 (Reporting on current status of repair of national heritage) |
| (1) | A person who has obtained design approval under the main clause, with the exception of the subparagraphs, of Article 33-2 (1) shall report to the Commissioner of the Korea Heritage Service where any of the following occurs during the repair of national heritage: <Amended on Aug. 8, 2023; Feb. 13, 2024; Oct. 22, 2024> |
| 1. | Where the repair of national heritage is initiated or completed; |
| 2. | Where the approved design is significantly different from the current status of national heritage subject to repair; |
| 3. | Where it is intended to replace the original frame member and install a new frame member; |
| 4. | Other cases specified by Presidential Decree. |
| (2) | The Administrator of the Korea Heritage Service shall examine the adequacy of the matters reported for reasons under paragraph (1) 2 through 4, and if necessary, may order the modification of the plan for the repair of national heritage. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where the person placing an order installs a new frame member pursuant to paragraph (1) 3, the person shall mark it as prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
[This Article Added on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 33-4 (Cases regarded as permission) |
| (1) | Where design approval is obtained from the Commissioner of the Korea Heritage Service pursuant to the main clause, with the exception of the subparagraphs, of Article 33-2 (1), or the preservation treatment plan is approved pursuant to Article 37-4, it shall be deemed to have obtained permission under Article 35 (1) 1 of the Act on Preservation and Utilization of Cultural Heritage or permission under Article 17 (1) 1 of the Act on Preservation and Utilization of Natural Heritage. <Amended on May 18, 2021; Aug. 8, 2023; Feb. 13, 2024; Oct. 22, 2024> |
| (2) | Where a report under Article 33-3 (1) has been given for the reason under Article 33-3 (1) 1 or a report under Article 37-5 (2) has been given for a reason under Article 37-5 (2) 1, a report shall be deemed filed pursuant to Article 40 (1) 7 of the Act on Preservation and Utilization of Cultural Heritage or pursuant to Article 21 (1) 6 of the Act on Preservation and Utilization of Natural Heritage. <Amended on May 18, 2021; Aug. 8, 2023> |
[This Article Added on Jun. 9, 2020]
| Article 33-5 (Designation of design examiner) |
For the examination under Article 33-2 (3), the Administrator of the Korea Heritage Service may appoint a person who meets qualifications prescribed by Presidential Decree from among public officials under his or her jurisdiction, as a design examiner. <Amended on Feb. 13, 2024>
[This Article Added on Jun. 9, 2020]
| Article 33-6 (Technical instruction of repair of national heritage) |
| (1) | Upon receipt of a report pursuant to Article 33-3, the Administrator of the Korea Heritage Service may instruct the national heritage repair business entity on important matters necessary for the repair of national heritage (hereinafter referred to as "technical instruction"), in consultation with the person placing the order. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | If necessary for the technical instruction, the Administrator of the Korea Heritage Service may hear the opinions of relevant experts. <Amended on Feb. 13, 2024> |
| (3) | A national heritage repair business operator may reflect the contents of technical guidance in the national heritage repair. <Amended on Aug. 8, 2023> |
| (4) | Matters necessary for technical guidance shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on Feb. 13, 2024> |
[This Article Added on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 34 (Responsibility of national heritage repair business entities to compensate for damage) |
| (1) | Where national heritage repair business entities, etc. perform national heritage repair, etc. in a defective manner by intent or negligence and thereby cause damage to another person, they shall be liable to compensate for such damage. <Amended on Aug. 8, 2023; Nov. 11, 2025> |
| (2) | Where the damage prescribed in paragraph (1) occurs by intention or gross negligence of the person placing an order, the national heritage repair business entities, etc. may exercise the right of indemnity against the person placing the order. <Amended on Aug. 8, 2023; Nov. 11, 2025> |
| (3) | Where a subcontractor inflicts damage to other persons by managing the subcontracted repair of national heritage poorly by intention or negligence, the contractor and the subcontractor shall be jointly and severally liable to pay compensation for such damage. <Amended on Aug. 8, 2023> |
| (4) | Where damage is compensated as prescribed in paragraph (3), the contractor may exercise the right of indemnity against the subcontractor responsible for compensation. |
[Title Amended on Aug. 8, 2023; Nov. 11, 2025]
| Article 34-2 (Subscription to insurance or mutual aid for liability for damages of national heritage repair business entities, etc.) |
| (1) | Where the national heritage repair business entities, etc. cause property damage to the object of the relevant national heritage repairs, etc., or to a third party by intent or negligence in performing their duties, they shall be liable to compensate for such damage. |
| (2) | National heritage repair business entities, etc. shall subscribe to insurance or mutual aid to secure the liability for damages under paragraph (1). In such cases, any of the following persons shall include the costs of the insurance or mutual aid subscribed to by the national heritage repair business entities, etc., in the contract price: |
| 3. | Public institutions under Article 4 of the Act on the Management of Public Institutions; |
| 4. | Any other entity prescribed by Presidential Decree. |
| (3) | Matters necessary for the period, types, coverage, methods, etc. of insurance or mutual aid under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Added on Nov. 11, 2015]
| Article 35 (Responsibility of national heritage repair business entities for warranty) |
| (1) | Each national heritage repair business entity shall provide a warranty against defects that occur during the warranty period to the person placing an order by type of repair of national heritage prescribed by Presidential Decree, by up to 10 years from the date of completion of repair of national heritage. <Amended on Aug. 8, 2023> |
| (2) | Notwithstanding the provisions of paragraph (1), no national heritage repair business entity shall be responsible for warranty against defects that occur due to any of the following reasons; provided, this shall not apply where the national heritage repair business entity is well aware that materials or directions are inappropriate, but fails to notify the person placing an order of such fact: <Amended on Aug. 8, 2023> |
| 1. | Where the defects are due to the materials used in repair of national heritage provided by the person placing an order; |
| 2. | Where the repair of national heritage is performed in accordance with the directions given by the person placing an order; |
| 3. | Where the person placing an order uses the object of repair of national 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 national heritage repair business entity and the person placing an order, such special agreement shall govern, notwithstanding the provisions of paragraph (1); provided, where the special agreement stipulates that the warranty period is less than 2/3 of the period prescribed in paragraph (1), it shall be deemed to have stipulated the period of warranty to be 2/3 of the period prescribed in paragraph (1). <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 36 (Preparation of reports on repair of national heritage) |
| (1) | To document the whole process from the commencement to the completion of the repair of national heritage under a contract that a national heritage repair business entity is awarded, the national heritage repair business entity shall submit a report on the repair of national heritage to the person placing an order within 60 days from the date the repair of national heritage is completed; provided, where a natural disaster occurs or unavoidable circumstances prescribed by Presidential Decree exist, the period may be extended. <Amended on Feb. 3, 2016; Aug. 8, 2023> |
| (2) | Each national heritage repair engineer assigned to the site of national heritage repair shall conscientiously prepare a report on the repair of national heritage. In such cases, if necessary, a national heritage repair engineer may request a business entity of on-site survey and design of national heritage for cooperation, and the business entity of on-site survey and design of national heritage in receipt of such request shall conscientiously comply therewith. <Amended on Feb. 3, 2016; Aug. 8, 2023> |
| (3) | The person placing an order to whom a report on the repair of national heritage is submitted as prescribed in paragraph (1) shall submit the report to the Administrator of the Korea Heritage Service, and the competent Mayor/Do Governor within 30 days of receipt of such report. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Each report on the repair of national heritage specified in paragraphs (1) and (2) shall include matters prescribed by Presidential Decree, such as the current state of national heritage to be repaired, completion drawings, etc. <Added on Feb. 3, 2016; Aug. 8, 2023> |
| (5) | The Administrator of the Korea Heritage Service shall construct a database of reports on the repair of national 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. <Added on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 37 (Inspection of sites of repair of national heritage) |
| (1) | To prevent substandard repair of national heritage, the Administrator of the Korea Heritage Service, 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 national 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 national heritage have been performed differently from design drawings as a result of inspection, he or she may take necessary measures, such as issuing corrective orders, etc. against the national heritage repair business entity, etc., national heritage repair engineer, or national heritage supervisor, or make a request for issuance of a disposition, etc. to suspend business. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024> |
| (2) | In order to appropriately conduct the repair, etc. of national heritage, the Administrator of the Korea Heritage Service may determine the following standards and have such standards used: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Matters concerning historical evidence, type and technique, extent, etc. of repair of national heritage; |
| 2. | Matters concerning site management, quality management, safety management, environmental management, etc.; |
[Title Amended on Aug. 8, 2023]
| Article 37-2 (Opening the site of repair of national heritage to the public) |
| (1) | The person placing an order may open to the public the site of repair of national heritage; provided, where design approval has been obtained from the Commissioner of the Korea Heritage Service or a Mayor/Do Governor pursuant to the main clause, with the exception of the subparagraphs, of Article 33-2 (1), the site of repair of national heritage shall be open to the public. <Amended on Aug. 8, 2023; Feb. 13, 2024; Oct. 22, 2024> |
| (2) | Where the person placing an order opens the site pursuant to paragraph (1), the person shall take measures necessary to prevent safety accidents and furnish information materials regarding the repair of the relevant national heritage. <Amended on Aug. 8, 2023> |
| (3) | The person placing an order shall bear the expenses incurred in taking measures and furnishing information pursuant to paragraph (2). |
| (4) | Other matters necessary for the opening of the site of repair of national heritage under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Added on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
| Article 37-3 (Disclosure of information on national heritage repair) |
The Administrator of the Korea Heritage Service or a Mayor/Do Governor shall disclose the following information concerning the repair of national heritage, the design of which has been approved pursuant to the main clause, with the exception of the subparagraphs, of Article 33-2 (1), through the national heritage repair system under Article 54-2: <Amended on Aug. 8, 2023; Feb. 13, 2024; Oct. 22, 2024; Nov. 11, 2025>
| 1. | Overview of applicable National Register repairs; |
| 2. | Participating technical personnel; |
| 3. | Other information related to the repair of national heritage prescribed by Presidential Decree. |
[This Article Added on Jun. 9, 2020]
[Title Amended on Aug. 8, 2023]
SECTION 3-2 Preservation of Movable Cultural Heritage
| Article 37-4 (Formulation of preservation treatment plans) |
| (1) | Where an owner, etc. intends to perform preservation treatment of movable cultural heritage, he or she shall have a national heritage repair business entity prescribed by Presidential Decree formulate a preservation treatment plan; provided, the heads of institutions under Article 5 (3) may directly formulate a preservation treatment plan. <Amended on Aug. 8, 2023> |
| (2) | A person placing an order shall obtain approval of a preservation treatment plan formulated under paragraph (1) from the Administrator of the Korea Heritage Service (in cases of national heritage specified in Article 2 (3) 2 and 3 of the Act on Preservation and Utilization of Cultural Heritage, referring to the "Mayor/Do Governor"; hereafter in this Section, the same shall apply) according to the procedures prescribed by Presidential Decree; and where any approved matter is to be modified, it shall also be approved by the Administrator of the Korea Heritage Service. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Matters necessary for the formulation of preservation treatment plans for movable cultural heritage and approval of such plans under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Added on May 18, 2021]
| Article 37-5 (Performing preservation treatment) |
| (1) | Where an owner, etc. intends to perform preservation treatment of movable cultural heritage, he or she shall have a national heritage repair business entity prescribed by Presidential Decree perform the preservation treatment. <Amended Aug. 8; 2023> |
| (2) | A person placing an order shall give a report to the Administrator of the Korea Heritage Service when any of the following grounds arises during the performance of preservation treatment under paragraph (1): <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Where preservation treatment is initiated or completed; |
| 2. | Where movable cultural heritage is destroyed or the original form thereof is damaged; |
| 3. | Other cases prescribed by Presidential Decree. |
| (3) | Article 33-6 shall apply mutatis mutandis to technical guidance on preservation treatment of movable cultural heritage. <Amended on Aug. 8, 2023> |
| (4) | Matters necessary for the performance of preservation treatment of movable cultural heritage and reporting the status of preservation treatment under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[This Article Added on May 18, 2021]
SECTION 4 Superintendence
| Article 38 (Conducting supervision) |
| (1) | To assure and enhance the quality of repair of national heritage, each person placing an order shall have a national heritage supervision business entity conduct general supervision or responsible supervision. <Amended on Feb. 3, 2016; Aug. 8, 2023> |
| (2) | Notwithstanding paragraph (1), a person placing an order may have Korea Foundation for the Traditional Architecture and Technology under Article 41-2 conduct general supervision or responsible supervision over the repair of national heritage prescribed by Presidential Decree among the repair of national heritage performed with full or partial assistance in expenses from the State. <Added on Feb. 3, 2016; Aug. 8, 2023> |
| (3) | The repair of national heritage subject to general supervision or responsible supervision under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2016; Aug. 8, 2023> |
| (4) | When a national heritage supervision business entity (including Korea Foundation for the Traditional Architecture and Technology 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 national heritage supervisor to the site of repair of national heritage. <Amended on Feb. 3, 2016; Aug. 8, 2023> |
| (5) | Each national 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 an order. <Amended on Feb. 3, 2016; Aug. 8, 2023> |
| (6) | A person placing an order in receipt of a supervision report pursuant to paragraph (5) shall submit such supervision report to the Administrator of the Korea Heritage Service or the competent Mayor/Do Governor within 30 days from the date he or she receives such supervision report. <Added on Feb. 3, 2016; Feb. 13, 2024> |
| (7) | The authority, scope of duties, and assignment of a national 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 on Feb. 3, 2016; Aug. 8, 2023> |
| Article 39 (Orders to re-perform by national heritage supervisors) |
| (1) | Where a national heritage repair business entity performs the repair of national heritage not in conformity with the design drawings or specification of repair of national heritage or details of other relevant documents, the national heritage supervisor may issue an order to re-perform or suspend the repair of national heritage, or take other necessary measures. <Amended on Aug. 8, 2023> |
| (2) | A national heritage repair business entity in receipt of an order from a national heritage supervisor to re-perform or suspend the repair of national heritage, or an instruction to take other necessary measures under paragraph (1), shall comply therewith, except in extenuating circumstances. <Amended on Aug. 8, 2023> |
| (3) | Where a national heritage supervisor issues an order to re-perform or suspend the repair of national heritage or takes other necessary measures against a national heritage repair business entity under paragraph (1), he or she shall notify the person placing an order of such fact without delay. <Amended on Aug. 8, 2023> |
| (4) | When a person placing an order receives notification prescribed in paragraph (3) from a national heritage supervisor, he or she shall take measures necessary therefor without delay. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 40 (Corrective measures against the national heritage supervisors) |
| (1) | Where the repair of national heritage is feared to be performed unsatisfactorily as a national heritage supervisor fails to perform his or her duties conscientiously, the person placing an order may issue a corrective order to such national heritage supervisor or request the national heritage supervision business entity to replace such national heritage supervisor. <Amended on Aug. 8, 2023> |
| (2) | A national heritage supervisor in receipt of a request to issue a corrective order by the person placing an order or a national heritage supervision business entity in receipt of a request to replace a national heritage supervisor by the person placing an order under paragraph (1), shall comply therewith without good cause. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 41 (Restrictions on supervision) |
Where a national heritage repair business entity and a national 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 national heritage simultaneously: <Amended on Feb. 3, 2016; Aug. 8, 2023>
| 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 officer or employee of such juristic person; |
| 3. | Where the installation business entity and the supervising business entity are related through blood relation prescribed in Article 777 of the Civil Act; |
| 4. | Where Korea Foundation for the Traditional Architecture and Technology established under Article 41-2 directly performs the repair of national heritage pursuant to Article 5 (3). |
CHAPTER IV KOREA FOUNDATION FOR THE TRADITIONAL ARCHITECTURE AND TECHNOLOGY
| Article 41-2 (Establishment of Korea Foundation for the Traditional Architecture and Technology) |
| (1) | To comprehensively and systematically perform the following projects for the promotion of traditional building preservation technologies, a Korea Foundation for the Traditional Architecture and Technology (hereinafter referred to as the "Foundation") shall be established under the National Heritage Administration: <Amended on Jan. 26, 2021; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Collection and conservation of traditional building frame members (wood, stone, etc. processed to be used as a framework of a structure) 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 national heritage (limited to cases prescribed by Presidential Decree where the importance and difficulty of repair of national heritage are high or urgent measures are needed); |
| 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 Korea Heritage Service 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 executive officers 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. |
| (5) | Where the repair of national heritage performed with full or partial assistance in expenses from the State falls under paragraph (1) 4, a person placing an order may have the Foundation conduct the repair of national heritage. <Added on Dec. 3, 2019; Aug. 8, 2023> |
[This Article Added on Feb. 3, 2016]
[Title Amended on Dec. 3, 2019]
| Article 42 (Establishment of National Heritage Conservation Association) |
| (1) | National heritage repair business entities, etc. may establish the National Heritage Conservation Association for the maintenance of dignity, for the sound development of business relating to the repair of national heritage, such as the improvement of technologies, for mutual-aid projects, etc. <Amended on Aug. 8, 2023> |
| (2) | The Foundation shall be a corporation. <Amended on Aug. 8, 2023> |
| (3) | The National Heritage Conservation Association shall be established at the time when it registers such establishment at the location of its main office. <Amended on Aug. 8, 2023> |
| (4) | Matters concerning the qualifications for membership and executive officers of the National Heritage Conservation Association shall be stipulated by the articles of association, and it may have branches or sub-branches. <Amended on Aug. 8, 2023> |
| (5) | Matters to be stipulated in the articles of association, and matters necessary for mutual-aid projects and supervision of the National Heritage Conservation Association, shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 43 (Approval procedures for establishment of National Heritage Association) |
| (1) | When the National Heritage Conservation Association is to be established, an application for authorization of the National Heritage Conservation Association shall be filed with the Administrator of the Korea Heritage Service after at least 10 persons having qualifications for membership propose to establish the National Heritage Conservation Association and the articles of association are prepared at the inaugural general meeting with approval from at least 1/3 of the national heritage repair business entities, etc. having qualifications for membership. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | When the Administrator of the Korea Heritage Service authorizes the National Heritage Conservation Association in accordance with an application prescribed in paragraph (1), he or she shall publicly announce such fact. <Amended on Feb. 13, 2024> |
| (3) | Until the National Heritage Conservation Association is established and executive officers are appointed, necessary duties shall be performed by proposers. <Amended on Aug. 8, 2023> |
[Title Amended on Aug. 8, 2023]
| Article 44 (Application mutatis mutandis of the Civil Act) |
| (1) | Except as provided in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the Foundation. |
| (2) | Except as provided in this Act, provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to the Foundation. <Amended on Aug. 8, 2023> |
[This Article Wholly Amended on Feb. 3, 2016]
| Article 45 (Examination of current state of repair of national heritage) |
| (1) | Where the Administrator of the Korea Heritage Service or a Mayor/Do Governor deems it necessary to determine as to whether a national heritage repair business entity, etc. conforms to the standards for registration, subcontracting is appropriate, etc., he or she may have the national heritage repair business entity, etc. report on the current state of duties and repair, etc. of national 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 on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024> |
| (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 Korea Heritage Service or a Mayor/Do Governor may request persons relating to the repair, etc. of national heritage, such as a person placing an order of repair, etc. of national heritage, national heritage supervisor, etc. to submit data on the repair, etc. of national heritage. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
| Article 46 (Corrective orders) |
| (1) | Where a national heritage repair business entity, etc. falls under any of the following, the Administrator of the Korea Heritage Service, Mayor/Do Governor, or head of a Si/Gun/Gu may order him or her to take corrective measures for a specified period or take other necessary measures: <Amended on Jun. 9, 2020; Aug. 8, 2023; Feb. 13, 2024> |
| 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 national heritage repair business entity, etc. fails to retain a book of contracts for the repair of national 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); |
| 4-2. | Where the cultural heritage repair business entity, etc. fails to report, in violation of Article 33-3 (1); |
| 5. | When a national heritage repair report is not submitted or is poorly prepared 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. | In case of failure to carry out the repair of national heritage contracted without justifiable reasons. |
| (2) | Where a national heritage repair engineer, national heritage repair technician, or national heritage supervisor (hereinafter referred to as "national heritage supervisors, etc.") fails to receive specialized education prescribed in Article 53 (1), the Administrator of the Korea Heritage Service may order corrective measures for a specified period or issue other necessary orders. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024; Nov. 11, 2025> |
| Article 47 (Cancellation of qualifications of national heritage repair technicians) |
| (1) | Where a national heritage repair engineer falls under any of the following, the Administrator of the Korea Heritage Service may revoke his or her qualification or order such engineer to suspend his or her qualification for a specified period of up to three years, as prescribed by Decree of the Ministry of Culture, Sports and Tourism; provided, in cases falling under subparagraph 1, 2, or 6, the Administrator of the Korea Heritage Service shall revoke his or her qualification: <Amended on Feb. 3, 2016; Dec. 22, 2020; Aug. 8, 2023; Feb. 13, 2024> |
| 1. | Where he or she has acquired qualifications by fraud or other improper means; |
| 2. | Where he or she continues to perform his or her duties even after he or she is issued a disposition to suspend his or her qualification; |
| 3. | If designated cultural heritage or natural monuments are destroyed or damaged during repair of national heritage; |
| 4. | In case of repairing national heritage, etc. in violation of the matters to be observed pursuant to Article 6; |
| 4-2. | 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; |
| 5. | If, in violation of Article 8 (2), a national heritage repair technician performs work such as repair of national heritage in a field other than the technical field for which he or she has acquired qualifications; |
| 6. | If a person falls under any of the provisions of Article 9 and cannot become a national heritage repair engineer; |
| 7. | In violation of Article 10, Paragraph 3, when a person has another person use his or her name to carry out work such as repairing national heritage, etc.; |
| 7-2. | In case of lending a national heritage repair technician certificate in violation of Article 10 (4); |
| 8. | In case of overlapping employment with two or more national heritage repair companies, etc., in violation of Article 10 (5); |
| 8-2. | Where he or she reports his or her career, etc. or a change thereto fraudulently, in violation of Article 13-2 (3); |
| 9. | In case of leaving the national heritage repair site without justifiable reason in violation of Article 33 (2); |
| 10. | Where he or she fails to implement necessary measures, such as corrective orders, etc. prescribed in Article 37 (1); |
| 11. | If supervision is performed in violation of the scope of work of a national heritage supervisor prescribed by Presidential Decree pursuant to Article 38 (7). |
| (2) | A person whose qualification for a national heritage repair engineer is revoked under paragraph (1) shall return his or her certificate of qualification to the Administrator of the Korea Heritage Service without delay. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (3) | Where the Administrator of the Korea Heritage Service suspends the qualification of a national heritage repair engineer as prescribed in paragraph (1), he or she shall state the details of a disposition and grounds therefor in the qualification certificate of the national heritage repair engineer. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (4) | Where a national 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 national heritage among the duties under his or her jurisdiction, he or she shall notify the Administrator of the Korea Heritage Service of such fact. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | Where the Administrator of the Korea Heritage Service revokes the qualification of a national heritage repair engineer under paragraph (1), he or she shall announce the following matters and notify the Mayor/Do Governor of such fact: <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| 2. | Type and number of qualification; |
| 3. | Details of a disposition, and reasons and grounds therefor. |
[Title Amended on Aug. 8, 2023]
| Article 48 (Revocation of qualification of national heritage repair technicians) |
The provisions of Article 47 (excluding paragraph (1) 6 of the same Article) shall apply mutatis mutandis to the revocation, etc. of qualification of national heritage repair technicians. <Amended on Aug. 8, 2023>
[Title Amended on Aug. 8, 2023]
| Article 49 (Revocation of registration of national heritage repair business entities) |
| (1) | Where any of the following is applicable to a national 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 Decree of the Ministry of Culture, Sports and Tourism; provided, where subparagraph 1, 3, 4-2, 5, or 19 is applicable to the national heritage repair business entity, etc., the Mayor/Do Governor shall revoke the registration: <Amended on May 28, 2014; Feb. 3, 2016; Aug. 8, 2023; Oct. 22, 2024> |
| 1. | Where he or she has his or her business registered by fraud or other improper means; |
| 2. | Where the national heritage repair business entity, etc. perform the repair, etc. of national 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, in cases prescribed by Presidential Decree, such as where capital temporarily falls short of the requirements for registration, an exception may be made; |
| 4-2. | Where a person has fallen short of the registration requirements, such as technical capability, capital, and facilities under Article 14 (1), and has been subject to a business suspension order three times in the last 5 years, and again falls short of such registration requirements, thereby falling under the grounds for a business suspension order; |
| 5. | Where the national heritage repair business entity, etc. fall under any subparagraph of Article 15 (excluding where on-site national heritage survey and design business entity falls under subparagraph 7 of the same Article, or where a national heritage repair business entity, etc. transfers national heritage repair business, etc. within three months as prescribed in Article 20 (3) (including where such provisions apply mutatis mutandis under Article 23)); provided, this shall not apply in any case falling under subparagraph 8 of Article 15, where an executive officer of the relevant juristic person falls under any of subparagraphs 1 through 7 of the same Article, and such executive officer is replaced by a new executive within three months; |
| 6. | Where the national heritage repair business entity, etc. operate national 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 by fraud or other improper means; |
| 7. | Where the national heritage repair business entity, etc. allows any other person to be awarded a contract for the repair, etc. of national heritage or to perform the repair, etc. of national 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 national heritage repair business entity, etc. destroy designated cultural heritage or damage the original form thereof while performing the repair, etc. of national heritage; |
| 8-2. | Where the national heritage repair business entity, etc. damage the value of national heritage or make the repair of national heritage impossible, due to an on-site survey and design evidently different from the actual one; |
| 9. | Where the national heritage repair business entity, etc. borrow and use another person's certificate of a national heritage repair engineer or certificate of a national heritage repair technician; |
| 10. | Where he or she enters into a subcontract, in violation of Article 25; |
| 11. | Where the national heritage repair business entity, etc. fail to assign a national heritage repair engineer to the national heritage repair site as prescribed in Article 33 (1); |
| 12. | Where he or she fails to remedy defects in relation to defects liability as 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 national heritage repair business entity, etc. violate the criteria for assigning national 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 national heritage repair business entity, etc. fail to comply with or reject an order to re-perform or suspend the repair of national heritage issued by a national heritage supervisor or directions issued thereby for other necessary measures prescribed in Article 39 (2) without good cause; |
| 17. | Where the national heritage repair business entity, etc. perform the repair, etc. of national heritage of which type of business is other than the registered one; |
| 18. | A person who fails to comply with a corrective order or directions prescribed in Article 46 (1); |
| 19. | Where a national heritage repair business entity, etc. files a report of business closure with the head of the competent tax office having jurisdiction over the business place pursuant to Article 8 (8) of the Value-Added Tax Act, or where the head of the competent tax office having jurisdiction over the business place revokes the business registration pursuant to Article 8 (9) of that Act. |
| (2) | Where an on-site national 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 or she shall not operate business beginning on the date of disposition notwithstanding paragraph (1), and where he or she is issued a disposition to suspend the duties of a certified architect, he or she shall not operate business during the period of suspension of duties. <Amended on Aug. 8, 2023> |
| (3) | Where the head of a central administrative agency or the head of a local government finds that a national heritage repair business entity, etc. falls under any subparagraph of paragraph (1) while performing the duties of the repair, etc. of national heritage among the duties under his or her jurisdiction, he or she shall notify the Mayor/Do Governor with whom such national heritage repair business entity, etc. is registered, of such fact. <Amended on Aug. 8, 2023> |
| (4) | Where a Mayor/Do Governor revokes registration or orders to suspend business pursuant to paragraph (1), he or she shall notify, without delay, the Administrator of the Korea Heritage Service and other Mayors/Do Governors of such fact, and publicly announce such fact, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 3, 2016; Feb. 13, 2024> |
[Title Amended on Aug. 8, 2023]
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 national heritage (including subcontracted repair of national heritage) among the contract amount for the repair of national heritage that a national heritage repair business entity, etc. has been paid, shall be seized. <Amended on Jan. 18, 2022; Aug. 8, 2023> |
| (2) | The range of amount equivalent to wages under paragraph (1) and method of calculation shall be prescribed by Presidential Decree. <Amended on Jan. 18, 2022> |
[Title Amended on Jan. 18, 2022]
| (1) | Any of the following persons shall pay fees, as prescribed by Decree of the Ministry of Culture, Sports and Tourism: <Amended on Feb. 3, 2016; Dec. 24, 2018; Aug. 8, 2023; Nov. 11, 2025> |
| 1. | Applicants taking the national heritage hydraulic engineer qualification examination; |
| 2. | A person who applies for re-issuance of a national heritage repair technician certificate pursuant to Article 10 (2); |
| 3. | A person applying for the national heritage hydraulic technician qualification examination; |
| 4. | A person who applies for re-issuance of a national heritage water technician certificate pursuant to 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 national heritage repair business, etc. pursuant to Article 14 (1); |
| 6. | A person who applies for re-issuance of a registration certificate or registration notebook of a national heritage repair business operator, etc. pursuant to Article 14 (8); |
| 7. | A person applying to receive an evaluation of national heritage repair capabilities pursuant to Article 14-2 (2); |
| 8. | A person who is provided with information on national heritage repair and related works under Article 54-2 (3). |
| (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. <Added on Feb. 3, 2016> |
| Article 52 (Prohibition against divulging facts learned in course of performing duties) |
No person who falls under any of the following subparagraphs shall disclose the state of property and duties of a national heritage repair business entity that he or she becomes aware of in the course of performing duties without good cause: <Amended on Aug. 8, 2023>
| 1. | A public official or former public official engaged in registration or supervision affairs, etc. under this Act; |
| 2. | A person who is or was engaged in entrusted affairs pursuant to Article 56 (2). |
| Article 53 (Specialized education of cultural heritage repair engineers and cultural heritage supervisors) |
| (1) | National heritage supervisors, etc. shall receive specialized education implemented by the Administrator of the Korea Heritage Service to enhance the technology and quality of repair, etc. of national heritage. <Amended on Feb. 3, 2016; Aug. 8, 2023; Feb. 13, 2024; Nov. 11, 2025> |
| (2) | The scope of national heritage supervisors, etc. to receive specialized education prescribed in paragraph (1) and matters necessary for the implementation of specialized education shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2016; Aug. 8, 2023; Nov. 11, 2025> |
| (3) | National heritage repair business entities, etc. employing national heritage supervisors, etc. shall bear expenses incurred for the specialized education of such national heritage supervisors, etc., and shall not give any unfavorable treatment to them for such reason. <Amended on Feb. 3, 2016; Aug. 8, 2023; Nov. 11, 2025> |
| (4) | Deleted. <Nov. 11, 2015> |
[Title Amended on Dec. 3, 2019]
| Article 54 (Registration of national heritage repair business entity) |
| (1) | In order to enhance the level of sophistication of technology and the quality of repair of national heritage of national heritage repair business entities and on-site national heritage survey and design business entities, the Administrator of the Korea Heritage Service or the heads of local governments placing an order for the repair of national heritage or on-site survey and design may evaluate those above the standards prescribed by Presidential Decree from among the repairs of national heritage or on-site surveys and designs. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service or the heads of local governments may designate a national heritage repair business entity or on-site national 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 Korea Heritage Service or the heads of local governments shall publicly announce such fact, as prescribed by Presidential Decree. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (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 or her reduction or exemption. |
| (4) | If deemed necessary for the evaluation under paragraph (1), the Administrator of the Korea Heritage Service or the heads of local governments may directly inspect the site, etc. of repair of national heritage or have national heritage repair business entities or on-site national heritage survey and design business entities submit necessary data. <Amended on Aug. 8, 2023; Feb. 13, 2024> |
| (5) | The standards and procedures for evaluation prescribed in the provisions of paragraphs (1) through (4), methods thereof, etc. shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
[Title Amended on Aug. 8, 2023]
| Article 54-2 (Establishment and operation of national heritage repair system) |
| (1) | The Administrator of the Korea Heritage Service may comprehensively and systematically manage information on national heritage repair, on-site survey and design, supervision, and the operation and technical management of national heritage repair businesses, etc., and may establish and operate a national heritage repair system to efficiently perform such duties. |
| (2) | The Administrator of the Korea Heritage Service may, for the establishment and operation of the national heritage repair system under paragraph (1), request a Mayor/Do Governor, the head of a Si/Gun/Gu, the national heritage repair business entities, etc., project owners, and other related institutions and organizations to input or submit relevant data. In such cases, any person so requested shall comply therewith unless there is any special reason not to do so. |
| (3) | The Administrator of the Korea Heritage Service may provide the information under paragraph (1) to related institutions or organizations, etc., as necessary. |
| (4) | Matters necessary for the establishment and operation of the national heritage repair system shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. |
[This Article Added on Nov. 11, 2015]
If the Administrator of the Korea Heritage Service or a head of local government is to issue a disposition falling under any of the following subparagraphs, he or she shall hold a hearing: <Amended on Dec. 3, 2019; Aug. 8, 2023; Feb. 13, 2024>
| 1. | Revocation of the certification prescribed in Article 7-5; |
| 2. | Revocation of qualification of a national heritage repair engineer prescribed in Article 47; |
| 3. | Revocation of qualification of a national heritage repair technician prescribed in Article 48; |
| 4. | Revocation of registration of a national heritage repair business entity prescribed in Article 49. |
| Article 56 (Delegation and entrustment of authority) |
| (1) | The authority of the Administrator of the Korea Heritage Service 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 on Feb. 3, 2016; Feb. 13, 2024> |
| (2) | The Administrator of the Korea Heritage Service or the Mayor/Do Governor 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 on Feb. 3, 2016; Dec. 3, 2019; Aug. 8, 2023; Feb. 13, 2024; Nov. 11, 2025> |
| 1. | A fact-finding survey on the supply of and demand for traditional materials under Article 7-3 (2); |
| 2. | A stockpiling of traditional materials under Article 7-3 (4); |
| 3. | A certification under Article 7-4 and revocation of the certification under Article 7-5; |
| 4. | Implementation and management of an examination to qualify as a national heritage repair engineer under Article 8; |
| 5. | Implementation and management of an examination to qualify as a national heritage repair technician under Article 11; |
| 6. | Receipt of reports, retainment and management of records, and issuance of career certificates under Article 13-2; |
| 7. | Evaluation of capability to repair national heritage, public notice, and receipt of reports on the previous year's results, etc. under Article 14-2; |
| 8. | Management and provision of information on national heritage repair business entities, etc. and on the repair of national heritage pursuant to Article 54-2; |
| 9. | Management and disclosure of a database of reports on the repair of national heritage and of supervision reports under Article 36 (5); |
| 10. | Specialized education for national heritage repair technician under Article 53. |
| Article 57 (Legal fiction as public officials for purposes of applying penalty provisions) |
Any of the following persons shall be deemed a public official in applying Articles 129 through 132 of the Criminal Act: <Amended on Aug. 8, 2023>
| 1. | A member of the National Heritage Repair Technology Committee (including a member of the City/Do Heritage Repair Technology Committee under Article 4-3) deliberating on matters concerning the repair, etc. of national heritage under Article 4-2; |
| 2. | An executive officer or employee of the Foundation or a person engaging in the entrusted duties under Article 56 (2). |
[This Article Wholly Amended on Jun. 9, 2020]
CHAPTER VII PENALTY PROVISIONS
| Article 58 (Penalty provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Mar. 27, 2015; Jun. 9, 2020; Dec. 22, 2020; Aug. 8, 2023; Oct. 22, 2024>
| 1. | A person who operates national heritage repair business, etc. without making registration prescribed in Article 14 (1) or after making registration by fraud or improper means; |
| 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 national heritage in his or her name, lends his or her certificate of national heritage repair engineer, or borrows and uses the name or certificate of another national heritage repair engineer or another national heritage repair technician, in violation of Article 10 (3) (including where such provisions apply mutatis mutandis under Article 12); |
| 3-2. | A person who lends or receives a license in violation of Article 10 (4) (including cases to which Article 12 applies mutatis mutandis), or a person who arranges for the lending or receiving of a license; |
| 4. | A person who places an order for the repair of national heritage, etc. without obtaining design approval, in violation of the main clause, with the exception of the subparagraphs, of Article 33-2 (1). |
| Article 59 (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 10 million won: <Amended on Feb. 3, 2016; Dec. 22, 2020; May 18, 2021; Aug. 8, 2023>
| 1. | A person who has any person other than a relevant person perform the repair of national heritage or an on-site survey and design, in violation of Article 5; |
| 1-2. | A person who has any person other than a relevant person formulate a preservation treatment plan of movable cultural heritage, in violation of Article 37-4 (1), or a person who has any person other than a relevant person perform a preservation treatment, in violation Article 37-5 (1); |
| 2. | Deleted; <Mar. 27, 2015> |
| 3. | A person who is concurrently employed by at least two national heritage repair business entities, etc., in violation of Article 10 (5) (including cases applicable mutatis mutandis under Article 12); |
| 4. | A person who allows any other person to obtain a contract for the repair, etc. of national heritage or to perform the repair, etc. of culture heritage using his or her name or trade name, or lends his or her certificate of registration or registration book, or a person who uses the name or trade name of any other national heritage repair business entity, etc., or borrows and uses the certificate of registration or registration book of another national heritage repair business entity, etc., in violation of Article 21 (including where such provisions apply mutatis mutandis under Article 23); |
| 5. | A person who awards a subcontract (excluding a person who fails to notify the person placing an order of the fact of subcontracting, in violation of Article 25 (2)), in violation of Article 25; |
| 6. | A person placing an order who fails to have a national 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 national 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: <Amended on Dec. 3, 2019; Aug. 8, 2023>
| 1. | A person who obtains the certification under Article 7-4 (1) by fraud or other improper means; |
| 2. | A person who gives an indication of certification, in violation of Article 7-4 (4); |
| 3. | A person who fails to deploy a national heritage repair engineer to a national heritage repair site in violation of Article 33 (1); |
| 4. | A person who refuses, interferes with, or avoids the inspection, etc. of a national heritage repair site pursuant to Article 37 (1); |
| 5. | A person who discloses the fact that he or she becomes aware of in the course of performing duties, in violation of Article 52. |
| Article 61 (Joint penalty provisions) |
When the representative of a corporation or an agent, employee, or other servant of a corporation or individual commits any violation under Articles 58 through 60 in connection with the business of such corporation or individual, not only shall such violator be punished, but the corporation or the individual shall also be punished by a fine under the relevant provisions; provided, this shall not apply where the corporation or the individual has not negligently failed to give proper attention and supervision to the relevant business in order to prevent such violation.
| Article 62 (Administrative fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 2.5 million won: <Amended on Feb. 3, 2016; Dec. 24, 2018; Jun. 9, 2020; Aug. 8, 2023; Nov. 11, 2025> |
| 1. | A person who fails to file a report on modification under Article 14 (2); |
| 2. | A person who fails to report a business closure prescribed in Article 14 (5); |
| 2-2. | A person who reports his or 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. | In case of leaving the national heritage repair site without justifiable reason in violation of Article 33 (2); |
| 6-2. | A person who fails to mark a new frame member, in violation of Article 33-3 (3); |
| 6-3. | A person who fails to subscribe to insurance or mutual aid, in violation of Article 34-2 (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) | The administrative fines under paragraph (1) shall be imposed and collected by the Administrator of the Korea Heritage Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024> |
ADDENDA <Act No. 9999, Feb. 4, 2010>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation; provided, 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)
Article 38 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)
Cultural heritage repair engineers or cultural heritage repair technicians registered under the previous 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, 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 previous 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)
A disposition issued by the Administrator of the Korea Heritage Service, 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)
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 5 Omitted.
Article 6 Omitted.
Article 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)
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 5 Omitted.
Article 6 Omitted.
Article 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, 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 Korea Heritage Service shall establish a Committee for Establishment of Korea Foundation for the Traditional Architecture and Technology (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 Korea Heritage Service. |
| (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 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 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 Korea Heritage Service 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 or 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)
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.
ADDENDA <Act No. 16058, Dec. 24, 2018>
Article 1 (Enforcement date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to reports on modification of cultural heritage repair business)
The amended provisions of Article 14 (3) and (4) shall begin to apply to a report on modification of cultural heritage repair business, etc. filed after this Act enters into force.
Article 3 (Applicability to reports on transfer or merger of cultural heritage repair business)
The amended provisions of Article 17 (2) and (3) (including cases applicable mutatis mutandis under Article 23) shall begin to apply to a report on the transfer or merger of cultural heritage repair business, etc. filed after this Act enters into force.
ADDENDA <Act No. 16596, Nov. 26, 2019>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
Article 9 Omitted.
Article 10 Omitted.
ADDENDA <Act No. 16695, Dec. 3, 2019>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to exceptions to limitation on repair of cultural heritage)
The amended provisions of Article 5-2 shall begin to apply from the first contract concluded after this Act enters into force.
Article 3 (Applicability to participation of cultural heritage repair technicians in appurtenant repair of cultural heritage)
The amended provisions of Article 16 (4) shall begin to apply from the first contract concluded after this Act enters into force.
ADDENDUM <Act No. 17410, Jun. 9, 2020>
This Act shall enter into force six months after the date of its promulgation; provided, the amended provisions of Article 33 (1) shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17712, Dec. 22, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17908, Jan. 26, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18158, May 18, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18771, Jan. 18, 2022>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 19249, Mar. 21, 2023>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 19591, Aug. 8, 2023>
Article 1 (Enforcement date)
This Act shall enter into force on May 17, 2024.
Article 2 (Transitional measures concerning establishment of Committee)
The Cultural Heritage Repair Technical Committee and the City/Do Cultural Heritage Repair Technical Committee established pursuant to the previous provisions at the time this Act enters into force shall be regarded as the National Heritage Repair Technical Committee and the City/Do Heritage Repair Technical Committee under this Act, respectively.
Article 3 (Transitional measures following name change of cultural heritage repair engineer, cultural heritage repair technician, cultural heritage repair business entity, cultural heritage on-site survey and design business entity, cultural heritage supervisor, or Cultural Heritage Supervisory Board)
A cultural heritage repair engineer, cultural heritage repair technician, cultural heritage repair business operator, general cultural heritage repair business operator, specialized cultural heritage repair business operator, cultural heritage on-site survey and design business entity, cultural heritage supervising business entity, cultural heritage supervisory board under the former provisions as at the time this Act enters into force shall be deemed a national heritage repair engineer, national heritage repair technician, national heritage repair business entity, a general national heritage repair business entity, specialized national heritage repair business entity, national heritage on-site survey and design business entity, national heritage supervision business entity, and the National Heritage Supervisory Board under this Act.
Article 2 (Transitional measures following alteration of the Foundation's name)
| (1) | Any cultural heritage repair association under the previous provisions at the time this Act enters into force shall be deemed a National Heritage Repair Association under this Act. In this case, the National Heritage Repair Association shall amend its articles of incorporation in accordance with the revised provisions of this Act within three months after the enforcement of this Act and obtain approval from the National Heritage Administration. <Amended on Feb. 13, 2024> |
| (2) | The executive officers and employees of a cultural heritage repair association at the time of enforcement of this Act shall be deemed the executive officers and employees of the National Heritage Repair Association, and the term of office of the executive officers and employees shall be calculated from the previous date of appointment. |
| (3) | All properties, rights, obligations and members belonging to a cultural heritage repair association at the time of enforcement of this Act shall be inherited by the National Heritage Repair Association. |
| (4) | Any act performed by a cultural heritage repair association or against a cultural heritage repair association before the enforcement of this Act shall be deemed an act performed by the National Heritage Repair Association or an act performed against the National Heritage Repair Association. |
Article 5 Omitted.
Article 6 (Relationship to other statutes and regulations)
If the previous Act on Repair of Cultural Heritage or its provisions are cited in other statutes and regulations at the time of enforcement of this Act (including the statues and regulations promulgated before the enforcement of this Act but whose enforcement date has not arrived), and if there are corresponding provisions in this Act, this Act or the corresponding provisions of this Act shall be deemed to have been cited in lieu of the previous Act on Repair of Cultural Heritage or its provisions.
ADDENDUM <Act No. 19592, Aug. 8, 2023>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 20309, Feb. 13, 2024>
Article 1 (Enforcement date)
This Act shall enter into force on May 17, 2024; provided, That the amended provisions promulgated before this Act enters into force but the enforcement date of which has yet to arrive, among the Acts amended under Article 4 of the Addenda, shall enter into force on the date of enforcement dates of respective Act.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 20489, Oct. 22, 2024>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 4-2 (3) 3, 5-2, 11 (1) and 49 (1) shall enter into force 6 months after the date of promulgation.
Article 2 (Applicability to grounds for disqualification of national heritage repair engineers)
The amended provisions of subparagraph 1 of Article 9 shall begin to apply to persons who apply for the qualification examination for national heritage repair engineer publicly announced after this Act enters into force.
Article 3 (Transitional measures concerning revocation of registration of national heritage repair business entities)
Dispositions of business suspension received due to violations committed before the amended provisions of Article 49 (1) 4-2 enter into force shall not be included in the calculation of the number of dispositions of business suspension under the same amended provisions.
ADDENDA <Act No. 21088, Nov. 11, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 14-3, 37-3, 51 (1) 8, 54-2, and 56 (2) 8 and 9 shall enter into force 6 months after the date of its promulgation, the amended provisions of Articles 34-2 and 62 (1) 6-3 shall enter into force 1 year after the date of its promulgation, and the amended provisions of Article 46 (2) and Article 53 shall enter into force 2 years after the date of its promulgation.
Article 2 (Applicability to liability for damages of national heritage repair business entities, etc.)
The amended provisions of Articles 34, 34-2, and 62 (1) 6-3 shall begin to apply to cases in which a contract is entered into or a bid notice is issued after each of the respective amended provisions enters into force.
Article 3 (Applicability to specialized education for national heritage repair technicians)
The amended provisions of Article 46 (2) and Article 53 shall begin to apply to persons who pass the national heritage repair technician qualification examination after the amended provisions enter into force.