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 Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That 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, That in cases prescribed by Presidential Decree, such as where capital temporarily falls short of the requirements for registration, an exception may be made;
5. Where the 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, That 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);
(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 Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 3, 2016; Feb. 13, 2024>
[Title Amended on Aug. 8, 2023]