CERTIFIED ARCHITECTS ACT

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CERTIFIED ARCHITECTS ACT — 법갈피

Article 13(Practical training) #

(1) If a person intends to apply for an architect qualification examination, he or she shall undergo practical training for at least three years as prescribed by Presidential Decree at an architectural firm prescribed by Presidential Decree; provided, any person who is recognized by the Minister of Land, Infrastructure and Transport as having qualification equivalent to that of a certified architect under this Act and has at least five years of architecture related working experience, from among persons who hold foreign architect licenses or qualifications, shall be eligible to apply for an architect qualification examination without undergoing practical training. <Amended on Mar. 23, 2013>

(2) Only the following persons shall be eligible for practical training provided for in paragraph (1): <Amended on Mar. 23, 2013>

1. A person who has completed the relevant course at a university or college running a five-year or longer architecture degree course (referring to a university or college that has been established as a non-profit corporation with permission granted by the Minister of Land, Infrastructure and Transport under Article 32 of the Civil Act and that runs an architecture degree course authenticated by an institution recognized by the Minister of Education under Article 11-2 of the Higher Education Act) for at least eight semesters;

2. A person who has completed the relevant course at a graduate school running an architecture degree course authenticated by an institution referred to in subparagraph 1 for at least the number of semesters prescribed by Presidential Decree;

3. Any other person who has completed a course of study corresponding to that provided for in subparagraph 1 or 2, which is a course of study prescribed by Presidential Decree.

(3) Each person who intends to undergo practical training under paragraph (1) shall file a report thereon with the Minister of Land, Infrastructure and Transport as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(4) The subjects of, procedures and assessment criteria for, and other matters necessary for practical training shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 30, 2011]

Article 23(Report on founding of architectural firm) #

(1) When any certified architect who has filed for registration of qualification under Article 18 intends to practise architecture, he or she shall file a report on the founding of an architectural firm with the Mayor/Do Governor as prescribed by Presidential Decree (hereinafter referred to as "report on the founding of an architectural firm"). <Amended on May 30, 2011; Mar. 23, 2013; Feb. 18, 2020>

(2) The Mayor/Do Governor shall notify the reporting person of whether to accept the relevant report within five days after receipt thereof under paragraph (1). <Added on Dec. 18, 2018; Feb. 18, 2020>

(3) Where the Mayor/Do Governor fails to notify the reporting person of whether to accept the relevant report, or of an extension of the processing period under relevant statutes or regulations within the period specified in paragraph (2), the report shall be deemed accepted on the day following the expiry date of the period. <Added on Dec. 18, 2018; Feb. 18, 2020>

(4) Each architectural firm may employ its own certified architects, assistant architects, and apprentices (referring to persons who undergo practical training under Article 13; hereinafter the same shall apply) who assist with a service provided by a certified architect (hereinafter referred to as "founding certified architect of an architectural firm) who has filed a report on the founding of an architectural firm. In such cases, its own certified architects shall be persons who have filed for registration of qualification under Article 18; and no founding certified architect of an architectural firm shall allow a person other than its own certified architects to assist with an architectural service. <Amended on May 30, 2011; Dec. 18, 2018>

(5) A person who holds a foreign architect license or qualification may practise architecture, only where he or she has been assigned to provide, jointly with the founding certified architect of an architectural firm, such services as the design or construction supervision of a building, as prescribed by Presidential Decree. In such cases, a person who holds a foreign architect license or qualification shall file a report with the Minister of Land, Infrastructure and Transport as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on May 30, 2011; Mar. 23, 2013; Dec. 18, 2018>

(6) For the title of an architectural firm, the term "architectural firm" shall be used. <Amended on May 30, 2011; Dec. 18, 2018>

(7) The founding certified architect of an architectural firm shall establish only one firm; and any certified architect, assistant architect and apprentice may belong only to one architectural firm. <Added on May 30, 2011; Dec. 18, 2018>

(8) The procedures for filing a report on the founding of an architectural firm and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 30, 2011; Dec. 18, 2018>

(9) Any certified architect who intends to provide any of the following services, may perform it without filing a report on the founding of an architectural firm or without belonging to an architectural firm which has filed such report; provided, in cases of subparagraph 2 or 4, the matters relating to such service shall be reported in advance to the Minister of Land, Infrastructure and Transport as prescribed by Decree of the Ministry of Land, Infrastructure and Transport: <Amended on May 30, 2011; Mar. 23, 2013; May 22, 2013; Dec. 18, 2018; Apr. 30, 2019; Apr. 30, 2019; Dec. 29, 2020; Mar. 16, 2021>

1. Construction project management conducted, as provided in Article 39(2) of the Construction Technology Promotion Act, by a certified architect who belongs to a construction engineering business entity under Article 26 of that Act;

2. Design or construction supervision of special buildings or special structures prescribed by Decree of the Ministry of Land, Infrastructure and Transport, provided by a certified architect who belongs to an engineering business entity reported under Article 21(1) of the Engineering Industry Promotion Act;

3. Design or construction supervision by a certified architect who belongs to an architecture-related department in an institution prescribed by Presidential Decree, such as the State, a local government, or a public institution under the Act on the Management of Public Institutions, or a local public enterprise under the Local Public Enterprises Act, for a construction project implemented by the relevant institution or enterprise;

4. Design by a certified architect who belongs to a construction business entity defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, for a building of such construction business entity or such construction business entity's affiliated company (referring to an affiliated company defined in subparagraph 12 of Article 2 of the Monopoly Regulation and Fair Trade Act), which is a building prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(10) The construction supervision of buildings under paragraph (9)4 shall not be conducted by a certified architect who belongs to the relevant construction business entity. <Amended on May 30, 2011; Dec. 18, 2018; Apr. 30, 2019>

[This Article Wholly Amended on Jan. 5, 1995]

[Title Amended on May 30, 2011]

Article 28(Disposition to invalidate report on founding of architectural firm) #

(1) Where the founding certified architect of an architectural firm or its own certified architect falls under any of the following, a Mayor/Do Governor may issue a disposition to invalidate a report on the founding of an architectural firm, or issue an order to suspend the provision of such services for a fixed period of not more than one year; provided, in cases falling under subparagraph 1, 2, 4 or 5, the Minister of Land, Infrastructure and Transport shall issue a disposition to invalidate a report on the founding of an architectural firm: <Amended on Mar. 23, 2013; Dec. 18, 2018; Feb. 18, 2020>

1. When it is proved that the report on the founding of an architectural firm has been filed by fraud or other improper means;

2. Where the registration of qualification of the founding certified architect of an architectural firm is revoked under Article 18-3;

3. Where any certified architect practises architecture, in violation of the scope of services prescribed in Article 19;

4. Where design or construction supervision has been provided, in violation of the regulations concerning the structural safety of a building, thereby resulting in a person's death or injury;

5. Where any certified architect has been issued an order at least twice a year for suspension of providing services and such suspension periods exceed one year in total;

6. Where any certified architect has founded at least two architectural firms, in violation of Article 23(7);

7. Where any certified architect has filed a report, by fraud, on the alteration of matters in a report on the founding of an architectural firm, etc. under Article 27;

8. Where any certified architect fails to file a report or files a report by fraud, or refuses, obstructs or avoids an inspection, under Article 30(1).

(2) In issuing a disposition to invalidate a report on the founding of an architectural firm or issuing an order to suspend the provision of services under paragraph (1), a Mayor/Do Governor may, if such disposition or order has been caused by the mistake of any assistant architect or apprentice belonging to the architectural firm, order the suspension of services provided by such assistant architect or apprentice for a fixed period not exceeding one year. <Amended on Mar. 23, 2013; Feb. 18, 2020>

(3) The criteria, procedures and other necessary matters for issuing a disposition to invalidate a report on the founding of an architectural firm under paragraph (1) or for issuing an order to suspend the provision of services under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 30, 2011]

Article 30-3(Disciplinary action) #

(1) Where any of the following certified architects, the Minister of Land, Infrastructure and Transport may take disciplinary action prescribed in paragraph (2) against the certified architect in accordance with a resolution of the Certified Architects' Disciplinary Committee prescribed in Article 30-4; provided, in cases falling under subparagraph 1 or 10, he or she shall revoke registration of qualification under paragraph (2)1: <Amended on Mar. 23, 2013; Dec. 18, 2018; Feb. 3, 2022>

1. Where a certified architect has filed for registration of qualification or registration for renewal under Article 18 by fraud or improper means;

2. Where a certified architect has violated a declaration of certified architects ethics referred to in Article 18(2);

3. Where a certified architect has provided services, exceeding the scope of services prescribed in Article 19;

4. Where a certified architect has submitted, by fraud, a performance of services, etc. prescribed in Article 19-2(1);

5. Where a certified architect has failed to provide an architectural service in good faith, in violation of Article 20(1);

6. Where a certified architect has divulged to others any confidential information learned while performing his or her duties or has used such confidential information for any other purpose, in violation of Article 20(6);

7. Where a certified architect has committed an act impairing his or her dignity when providing an architectural service, in violation of Article 20(7);

8. Where a certified architect has founded, or belongs to, at least two architectural firms, in violation of Article 23(7);

9. Where a certified architect violates the code of ethics referred to in Article 31-4;

10. Where a certified architect continues to provide an architectural service even after it has been suspended by disciplinary action taken under paragraph (2)2.

(2) The types of disciplinary action against a certified architect shall be as follows:

1. Revocation of registration of qualification;

2. Suspension of provision of an architectural service for a period not exceeding two years;

3. Reprimand.

(3) A Mayor/Do Governor or the Korea Institute of Registered Architects provided in Article 31 may, where any certified architect is deemed to be subjected to the grounds for disciplinary action falling under any subparagraph of paragraph (1), request the Minister of Land, Infrastructure and Transport to take disciplinary action against the relevant certified architect, by attaching thereto documentary evidence. <Amended on Mar. 23, 2013; Feb. 18, 2020; Feb. 3, 2022>

(4) Deleted. <Aug. 11, 2015>

(5) A resolution of disciplinary action under paragraph (1) shall be made at the request of the Ministry of Land, Infrastructure and Transport; provided, such request for a resolution of disciplinary action shall not be made if three years elapses from the date any ground for violation occurs. <Amended on Mar. 23, 2013>

[This Article Added on May 30, 2011]

CERTIFIED ARCHITECTS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3 #

Article 4(Design and construction supervision) #

Article 5 #

Article 6 #

Article 7(Acquisition of architect qualification) #

Article 8(Qualification) #

Article 9(Grounds for disqualification) #

Article 10(Prohibition of lending of name in qualification certificate) #

Article 11(Revocation of qualification) #

Article 12(Prohibition of use of similar title) #

Article 13(Practical training) #

Article 14(Architect qualification examination) #

Article 15 #

Article 15-2(Sanctions against dishonest examinee) #

Article 16(Subjects of examination) #

Article 16-2 #

Article 17(Fees) #

Article 18(Registration of qualification or registration for renewal) #

Article 18-2(Rejection of registration of qualification or of registration for renewal) #

Article 18-3(Revocation of registration of qualification) #

Article 19(Services) #

Article 19-2(Management of performance of services) #

Article 19-3(Scope of certified architect's services and standards for fees concerning public projects) #

Article 20(Duty of good faith in providing services) #

Article 21(Signature and seal on design documents) #

Article 22 #

Article 22-2(Continuation of architectural services following revocation of qualification) #

Article 23(Report on founding of architectural firm) #

Article 23-2 #

Article 24(Restriction on report) #

Article 25 #

Article 26 #

Article 27(Report on alteration of matters in report on founding of architectural firm, or report on suspension or closure) #

Article 28(Disposition to invalidate report on founding of architectural firm) #

Article 28-2(Hearings) #

Article 29(Adjustment to registry of report on founding of architectural firm) #

Article 30(Report and inspection) #

Article 30-2(Practical education for certified architects) #

Article 30-3(Disciplinary action) #

Article 30-4(Certified Architects' Disciplinary Committee) #

Article 31(Korea Institute of Registered Architects) #

Article 31-2(Business) #

Article 31-3(Obligation to join Institute of Registered Architects) #

Article 31-4(Code of ethics) #

Article 32(Main and branch offices) #

Article 33 #

Article 34 #

Article 35(Articles of association) #

Article 36(Application of provisions of the Civil Act) #

Article 37 #

Article 38 #

Article 38-2(Reporting and inspection) #

Article 38-3(Establishment of the mutual aid association of certified architects) #

Article 38-4(Authorization for establishment of the mutual aid association) #

Article 38-5(Projects of the mutual aid association) #

Article 38-6(Guarantee regulations) #

Article 38-7(Mutual aid regulations) #

Article 38-8(Reporting and inspection) #

Article 38-9(Liability of the mutual aid association) #

Article 38-10(Application mutatis mutandis of other statutes) #

Article 38-11(Delegation and entrustment of authority) #

Article 38-12(Legal fiction as public official in application of penalty provisions) #

Article 39(Penalty provisions) #

Article 39-2(Penalty provisions) #

Article 39-3(Penalty provisions) #

Article 39-4(Confiscation and collection) #

Article 40(Joint penalty provisions) #

Article 41(Administrative fines) #

Article 42 #

Article 43 #