Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on National Heritage Maintenance and matters necessary for the enforcement thereof. <Amended on May 7, 2024>
Article 2(Scope of national heritage maintenance) #
"Public structures and landscape prescribed by Presidential Decree" in subparagraph 1 (c) of Article 2 of the Act on National Heritage Maintenance (hereinafter referred to as the "Act") means any of the following facilities or landscaping: <Amended on May 26, 2020; May 7, 2024>
1. Structures and landscape in a protected area that surrounds the designated cultural heritage under Article 2 (3) of the Act on Conservation and Utilization of Cultural Heritage (including provisionally designated cultural heritage under Article 32 of that Act, but excluding historic sites under Article 25 of that Act; hereafter the same shall apply in this Article);
2. Structures and landscape necessary for the conservation and utilization of designated cultural heritage in a land (limited to the one managed by the owner under Article 33 of the Act on Conservation and Utilization of Cultural Heritage and the management organization under Article 34 of the same Act (including cases in which such provision applies mutatis mutandis pursuant to Article 74 (2) of the same Act) surrounding the designated cultural heritage under Article 2 (3) of the Act on Conservation and Utilization of Cultural Heritage.
[Title Amended on May 7, 2024]
Article 3(Formulation of master plans for national heritage maintenance) #
(1) The master plan (hereafter referred as "master plan" in this Article) for the maintenance, on-site survey and design or supervision of national heritage (hereinafter referred to as "national heritage maintenance, etc.") under Article 4 (1) of the Act shall include the following matters: <Amended on May 7, 2024>
1. Basic direction-settings for national heritage maintenance, etc.;
2. Measures to assure the quality of national heritage maintenance, etc.;
3. Matters concerning technological promotion of national heritage maintenance, etc.;
4. Other matters necessary for the national heritage maintenance, etc.
(2) If needs arise for the formulation of a master plan, the Administrator of the Korea Heritage Service may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to submit data on the national heritage maintenance, etc. located in their jurisdictions. <Amended on Jan. 10, 2017; May 7, 2024>
(3) Mayors/Do Governors shall, every year, formulate a detailed implementation plan pursuant to Article 4 (3) of the Act (hereinafter referred to as "implementation plan") and submit it to the Administrator of the Korea Heritage Service by March 31. <Amended on Jan. 7, 2020; May 7, 2024>
(4) An implementation plan shall include the following: <Added on Jan. 7, 2020; May 7, 2024>
1. Basic direction-setting for projects concerning the national heritage maintenance, etc. for the relevant year;
2. A detailed promotion plan for each major project concerning the national heritage maintenance, etc.;
3. Implementation performance of an implementation plan of the preceding year;
4. Other matters necessary for the national heritage maintenance, etc.
[Title Amended on May 7, 2024]
Article 3-2(Matters for deliberation by the National Heritage Maintenance Technology Committee) #
"Matters prescribed by Presidential Decree" in Article 4-2 (1) 5 of the Act means the following: <Amended on May 7, 2024>
1. Matters concerning the establishment of a supply and demand plan for traditional materials under Article 7-3 (1) of the Act;
2. Matters concerning the stockpiling of traditional materials under Article 7-3 (4) of the Act;
3. Matters concerning the collection and utilization of traditional building frame members (wood, stone, etc. processed to be used as a framework of a structure);
4. Other major policies regarding the national heritage maintenance, etc. upon which the Administrator of the Korea Heritage Service deems it necessary to be deliberated by the National Heritage Maintenance Technology Committee (hereinafter referred to as the "Committee") under Article 4-2 (1) of the Act.
[This Article Added on Dec. 8, 2020]
[Title Amended on May 7, 2024]
Article 3-3(Composition of Committee) #
(1) The Committee chairperson represents the Committee and oversees the work of the Committee.
(2) The Committee shall have one vice chairperson and the vice-chairperson, who shall be elected from among and by its members.
(3) The term of office of the Committee members is three years, but they may be reappointed.
[This Article Added on Dec. 8, 2020]
Article 3-4(Exclusion of, challenge to, or recusal of committee members) #
(1) A Committee member shall be excluded from deliberation and resolution of the Committee in any of the following cases:
1. Where the Committee member or his or her spouse or former spouse becomes a party to the relevant agenda item (including the executives if the party is a corporation, organization, etc.; hereafter the same shall apply in this subparagraph and subparagraph 2), or is a joint right holder or joint obligor with a party to the agenda item;
2. Where the Committee member is or was a relative of a party to the relevant agenda item;
3. Where the Committee member testifies, makes a statement, advises, researches, provides services, or makes an appraisal on the relevant agenda item;
4. Where the Committee member or a corporation to which the Committee member belongs is or was an agent of a party to the relevant agenda item.
(2) If any grounds for exclusion under the subparagraphs of paragraph (1) exist or if it is difficult to expect fair deliberation or resolution from a Committee member, a party to the relevant agenda item may file an application for challenge with the Committee, and the Committee decides thereon by resolution. In such cases, the Committee member being challenged shall not participate in the resolution.
(3) If a Committee member is subject to any subparagraph of paragraph (1), he or she shall recuse himself or herself from deliberation and resolution of the relevant agenda item.
[This Article Added on Dec. 8, 2020]
Article 3-5(Dismissal of Committee members) #
The Administrator of the Korea Heritage Service may dismiss a Committee member in any of the following cases: <Amended on May 7, 2024>
1. Where he or she is unable to perform duties due to mental or physical disability;
2. Where there is any misconduct related to the his or her duties;
3. Where he or she is deemed unsuitable as a member of the Committee due to neglect of duty, injury to dignity, or other reasons;
4. Where he or she is sentenced to imprisonment without prison labor or heavier punishment;
5. Where he or she declares that he or she cannot perform the duties;
6. Where he or she fails to recuse himself or herself despite being subject to one of the subparagraphs of Article 3-4 (1).
[This Article Added on Dec. 8, 2020]
Article 3-6(Meetings of Committee) #
(1) A meeting of the Committee is convened by the chairperson of the Committee or held at the request of the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>
(2) To convene a meeting, the chairperson of the Committee shall notify the Committee members of the date, time, and venue of the meeting at least seven days prior to the date of the meeting; provided, if the meeting is urgently needed or there are unavoidable reasons, the notice may be given by the day before the meeting.
(3) The chairperson of the Committee shall compose each meeting of the Committee with 7 to 15 members including the chairperson himself or herself, in consultation with the secretary under Article 3-11; provided, in cases of deliberating on matters regarding Article 4-2 (1) 1 of the Act, the meeting shall be composed of all members of the Committee.
(4) The meeting of the Committee is held with the attendance of a majority of the Committee members assigned for each meeting, and decisions are made with the consent of a majority of the members present.
[This Article Added on Dec. 8, 2020]
Article 3-7(Tasks assigned to sectoral committees) #
(1) Sectorial committees established under the Committee pursuant to Article 4-2 (4) of the Act (hereinafter referred to as "sectoral committee") and their tasks are as follows: <Amended on May 7, 2024>
1. Repair Sectoral Committee: Matters regarding the national heritage maintenance concerning buildings among State-designated cultural heritage under Article 2 (3) 1 of Act on Conservation and Utilization of Cultural Heritage (excluding matters assigned to the modern and contemporary sectorial committee under subparagraph 3);
2. Restoration and Maintenance Sectorial Committee: Matters related to the national heritage maintenance concerning historic sites under Article 25 of the Act on Conservation and Utilization of Cultural Heritage, national folklore cultural heritage under Article 26 of that Act, natural monuments under subparagraph 2 of Article 2 of the Act on Conservation and Utilization of Natural Heritage, and scenic spots under subparagraph 3 of that Article (excluding the matters assigned to the Repair Sectorial committee under subparagraph 1 and the Modern and Contemporary Sectorial committee under subparagraph 3);
3. Modern and Contemporary Sectorial Committee: Matters regarding the repair and conservation of modern buildings and facilities, and application of contemporary technology.
(2) The Administrator of the Korea Heritage Service shall determine the number of members of each sectorial committee. <Amended on May 7, 2024>
(3) The Administrator of the Korea Heritage Service shall designate the sectorial committee members, taking into consideration the specialties of the members commissioned pursuant to Article 4-2 (3) of the Act. In such cases, the Administrator of the Korea Heritage Service may have a sectorial committee member serve in two or more sectorial committees if deemed necessary. <Amended on May 7, 2024>
(4) The chairperson of the sectoral committee is elected by and from among the members of the sectoral committee, and if the chairperson of the sectoral committee is unable to perform duties due to unavoidable reasons, a member of the sectoral committee designated by the chairperson shall act on the chairperson's behalf.
(5) A meeting of the sectorial committee shall be convened by the chairperson of the sectorial committee or held at the request of the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>
(6) Article 3-6 (2) and (4) shall apply mutatis mutandis to the convening and resolution of sectorial committees.
Article 3-8(Joint sectorial committees) #
(1) A meeting of the joint sectoral committee under Article 4-2 (5) of the Act (hereinafter referred to as the "joint sectoral committee") is convened by the chairperson of each sectoral committee or held at the request of the Administrator of the Korea Heritage Service; and the chairperson thereof is selected by and from among the chairpersons of the sectoral committees. <Amended on May 7, 2024>
(2) Article 3-6 (4) shall apply mutatis mutandis to the resolution of the joint sectoral committee.
[This Article Added on Dec. 8, 2020]
Article 3-9(Subcommittees) #
(1) The Committee, sectoral committees and joint sectoral committees may form and operate sectorial committees if necessary for professional and efficient deliberation. In such cases, the scope of the authority to be delegated shall be determined in advance.
(2) Members of the sectorial committees shall be appointed by the chairpersons of the Committee, sectoral committees, and joint sectoral committees from among the members of the Committee; and if necessary in terms of the expertise required for the matters to be deliberated upon, a non-Committee member may be commissioned as a member of the sectorial committees.
[This Article Added on Dec. 8, 2020]
Article 3-10(Expert members) #
(1) Expert members under Article 4-2 (7) of the Act (hereinafter referred to as "expert members") shall be composed of no more than 60 people, with consideration given to the gender.
(2) Expert members shall be appointed by the Administrator of the Korea Heritage Service from among the following persons: <Amended on May 7, 2024>
1. A person who serves or has served as a teacher, etc. in a department related to the national heritage maintenance, etc. at a school under Article 2 of the Higher Education Act;
2. A person who has been engaged in business related to national heritage maintenance, etc. for at least 5 years;
3. Other persons recognized to have expertise equivalent to those in subparagraphs 1 and 2 due to their extensive knowledge and experience in matters related to the national heritage maintenance and other relevant areas.
(3) The term of office of the expert members is 3 years, but they may be reappointed.
(4) Expert members may attend and speak before the Committee, sectoral committees, and joint sectoral committees, and if necessary, may submit their opinions in writing.
[This Article Added on Dec. 8, 2020]
Article 3-11(Secretary) #
(1) The Committee shall have one executive secretary and one clerk in order to perform its general affairs.
(2) The Administrator of the Korea Heritage Service shall appoint the administrative secretary and the secretary from among his or her officials under the jurisdiction of the Korea Heritage Service. <Amended on May 7, 2024>
[This Article Added on Dec. 8, 2020]
Article 3-12(Allowances) #
Allowances may be paid within the budget to members, expert members, and relevant experts who have attended the Committee, sectoral committees, or joint sectoral committees; provided, if a member who is a public official attends the Committee as part of his or her own duties, no allowance shall be paid.
[This Article Added on Dec. 8, 2020]
Article 3-13(Preparation of minutes) #
The Committee, sectoral committees, and joint sectoral committees shall prepare minutes containing the following matters. In such cases, stenography, or audio or video recording may be performed if deemed necessary:
1. Date, time, and venue of the meeting;
2. Members who are present at the meeting;
3. Details of the deliberation and the resolutions adopted.
[This Article Added on Dec. 8, 2020]
Article 3-14(Operational rules) #
Except as otherwise provided in Articles 3-2 through 3-13, matters necessary for the operation of the Committee, sectoral committees and joint sectoral committees shall be determined by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>
[This Article Added on Dec. 8, 2020]
Article 4(Restriction of national heritage maintenance) #
(1) "Minor repairs of national heritage prescribed by Presidential Decree that do not influence the preservation of relevant national heritage" in the proviso of Article 5 (1) of the Act shall be as listed in Appendix 1. <Amended on May 7, 2024>
(2) "Structures prescribed by Presidential Decree" in Article 5 (2) of the Act means structures the main structure of which is a reinforced concrete structure, steel structure or steel framed reinforced concrete structure. <Amended on Dec. 16, 2014>
(3) "Institutions prescribed by Presidential Decree" in Article 5 (3) of the Act means any of the following institutions; provided, the institutions specified in subparagraphs 2 through 4 shall be applicable only in the cases of national heritage maintenance in the field of movable national heritage: <Amended on Jan. 10, 2017; May 7, 2024>
1. Korea Heritage Service;
2. National Museum of Korea;
3. National Museum of Modern and Contemporary Art, Korea;
4. National Folk Museum of Korea;
5. Korea Foundation for the Traditional Architecture and Technology established pursuant to Article 41-2 of the Act (hereinafter referred to as the "Foundation").
[Title Amended on May 7, 2024]
Article 5(Restrictions on on-site survey and design for maintenance of national heritage) #
(1) "On-site survey and design for the minor maintenance of national heritage prescribed by Presidential Decree or the field of plant protection" in the proviso of Article 5 (5) of the Act means any of the following: <Amended on Jan. 10, 2017; Nov. 19, 2021; May 7, 2024>
1. On-site survey and design for minor maintenance of national heritage: An on-site survey and design for minor maintenance of national heritage specified in Appendix 1;
2. Protection of plants:
(a) Disease and insect control, plant surgery and soil improvement for the conservation and protection of plants;
(b) Installation of protective facilities and environmental improvement for the conservation and protection of plants;
3. Deleted. <Nov. 19, 2021>
(2) Where a national heritage survey and design business entity intends to conduct any of the following on-site survey and design under Article 5 (6) of the Act, the business entity shall have a landscape architect under subparagraph 4 of Appendix 2 conduct it: <Amended on May 7, 2024>
1. Where the proportion of landscape occupies at least 20/100 among the whole survey and design for the national heritage maintenance;
2. Where the estimated cost for landscape among the whole survey and design for the national heritage maintenance is at least five million won.
[Title Amended on May 7, 2024]
Article 6(Public Notice of standards for national heritage maintenance) #
Where the Administrator of the Korea Heritage Service sets, changes or repeals standards necessary for the national heritage maintenance, etc. under any subparagraph of Article 7 of the Act, he or she shall publish the details in the Official Gazette. <Amended on May 7, 2024>
[Title Amended on May 7, 2024]
Article 6-2(Establishment of supply and demand plan for traditional materials) #
(1) An annual supply and demand plan for traditional materials pursuant to Article 7-3 (1) of the Act (hereinafter referred to as "supply and demand plan") shall be formulated covering the following traditional materials: <Amended on May 7, 2024>
1. Timber;
2. Stone;
3. Roof tile and traditional brick;
4. Other traditional materials deemed necessary by the Administrator of the Korea Heritage Service for formulating a supply and demand plan.
(2) Supply and demand plan shall include the following:
1. The status of use of traditional materials by type and by specification;
2. Estimated demand and supply volume of traditional materials;
3. A plans for securing traditional materials.
[This Article Added on May 19, 2020]
Article 6-3(Fact-finding surveys) #
(1) A fact-finding survey on the status of supply of and demand for traditional materials pursuant to Article 7-3 (2) of the Act (hereinafter referred to as "fact-finding survey") shall include the following matters: <Amended on May 7, 2024>
1. The status of producers and suppliers of traditional materials;
2. The status of traditional materials used for the national heritage maintenance by type and by specification;
3. Other matters deemed necessary by the Administrator of the Korea Heritage Service for the establishment of supply and demand plan.
(2) Fact-finding surveys shall be conducted as classified below: <Amended on May 7, 2024>
1. Regular survey: To be conducted every year;
2. Occasional survey: To be conducted in a specific region or specific items, if deemed necessary by the Administrator of the Korea Heritage Service.
[This Article Added on May 19, 2020]
Article 6-4(Stockpiling of traditional materials) #
(1) Where the Administrator of the Korea Heritage Service stockpiles traditional materials pursuant to Article 7-3 (4) of the Act, he or she shall prepare facilities equipped with necessary equipment and appropriate sizes for storing traditional materials. <Amended on May 7, 2024>
(2) Matters necessary for the methods of storing traditional materials, the operation of facilities, etc. under paragraph (1) shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>
[This Article Added on May 19, 2020]
Article 7(Implementation and public announcement of qualifying examination for national heritage maintenance engineers) #
(1) Deleted. <May 19, 2020>
(2) Where the Administrator of the Korea Heritage Service intends to implement an examination to qualify as a national heritage maintenance engineer under the main clause of Article 8 (3), he or she shall publicly announce the following matters on the website of the relevant examination implementing agency not later than 90 days before the date of implementing the examination so that all the applicants can be aware of the matters: <Amended on May 1, 2012; Jul. 11, 2017; May 19, 2020; May 7, 2024>
1. Eligibility criteria;
2. The date, time, and place of examination;
3. Examination subjects;
4. The date, time, method and place of announcement of successful applicants;
5. The period and place of issuance of application forms, and the period and place of receipt of application forms;
6. Other matters necessary for the implementation of an examination.
(3) A person who intends to apply for an examination to qualify as a national heritage maintenance engineer (including a person who intends to be exempted from a written examination under Article 8 (5) of the Act) shall submit an application form accompanied by necessary documents to the Administrator of the Korea Heritage Service, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on May 15, 2018; May 19, 2020; May 7, 2024>
[Title Amended on May 7, 2024]
Article 8(Types of national heritage maintenance engineer, scope of duties and eligibility to take qualifying examination) #
(1) The types of national heritage maintenance engineers and scope of duties under Article 8 (2) of the Act shall be as listed in Appendix 2. <Amended on May 7, 2024>
(2) A person who intends to apply for an examination to qualify as a national heritage maintenance engineer (excluding on-site survey and design engineers) under Article 8 (3) of the Act shall meet any of the following requirements: <Amended on Dec. 16. 2014; Jan. 7, 2020; May 7, 2024>
1. He or she shall have served in the field of national heritage maintenance for at least one year;
2. He or she shall have graduated from a middle school under the Elementary and Secondary Education Act or be deemed to have an academic background equivalent thereto or higher;
3. He or she shall have obtained the qualification of a technician under the National Technical Qualifications Act or higher;
4. He or she shall be a national heritage maintenance technician.
(3) No person falling under any of the subparagraphs of Article 9 of the Act as of the date on which successful candidates of oral examination in a qualifying examination for national heritage maintenance engineers are announced as prescribed in Article 8 (4) of the Act shall apply for a qualifying examination for national heritage maintenance engineers. <Added on Jan. 7, 2020; May 19, 2020; May 7, 2024>
[Title Amended on May 7, 2024]
Article 9(Subjects and methods of qualifying examinations for national heritage maintenance engineers) #
(1) A written examination to qualify as a national heritage maintenance engineer referred to in Article 8 (4) of the Act shall consist of a multiple-choice objective examination and an essay-type subjective examination. <Amended on May 19, 2020; May 7, 2024>
(2) The subjects of a written examination referred to in paragraph (1) and the methods of examination shall be as listed in Appendix 4; provided, Korean history among the subjects of a written examination listed in Appendix 4 shall be replaced by the Korean History Proficiency Test specified in Appendix 4-2. <Amended on Jul. 11, 2017>
(3) Deleted. <May 15, 2018>
(4) A person who passes a written examination under Article 8 (4) of the Act or a person who is exempted from a written examination pursuant to Article 8 (5) of the Act shall be allowed to take an oral examination under Article 8 (4) of the Act. <Amended on May 15, 2018; May 19, 2020>
(5) The following matters shall be evaluated in an oral examination under Article 8 (4) of the Act: <Amended on May 15, 2018; May 19, 2020; May 7, 2024>
1. Expertise in the relevant technology and the capability of practical application;
2. Understanding of history and national heritage;
3. Awareness of a sense of duty and the role as a national heritage maintenance engineer;
4. Proper vocational ethics.
[Title Amended on May 7, 2024]
Article 10(Determination of successful applicants for national heritage maintenance engineers) #
(1) The perfect score on each subject of a written qualifying examination for national heritage maintenance engineers under Article 8 (4) of the Act shall be 100 points, and a successful applicant shall score a minimum of 40 points on each subject and achieve an average mark of at least 60 points on all subjects except for Korean history, among persons who achieve at least the standard grade in the Korean History Proficiency Test specified in Appendix 4-2. <Amended on Jul. 11, 2017; May 15, 2018; May 19, 2020; Mar. 26, 2024; May 7, 2024>
(2) Each interviewer can award a maximum of 100 points for an oral qualifying examination for national heritage maintenance engineers under Article 8 (4) of the Act, and a successful applicant shall score a minimum of 40 points from each interviewer and achieve an average mark of at least 60 points from all interviewers. <Amended on May 15, 2018; May 19, 2020; May 7, 2024>
(3) When the final successful examinees are determined, the Administrator of the Korea Heritage Service shall notify all examinees in a manner that is accessible to all applicants. <Amended on May 7, 2024>
[Title Amended on May 7, 2024]
Article 11(Examination to qualify as national heritage maintenance technician) #
(1) Deleted. <May 19, 2020>
(2) The types of national heritage maintenance engineers and scope of duties under Article 11 (2) of the Act shall be as listed in Appendix 6. <Amended on May 7, 2024>
(3) The examination to qualify as a national heritage maintenance technician referred to in main clause of Article 11 (3) of the Act shall consist of a performance examination to examine competency according to the types of national heritage maintenance technicians and an oral examination to assess their expertise in the relevant field, application ability, etc. <Amended on Jul. 11, 2017; May 19, 2020; May 7, 2024>
(4) A successful applicant for the examination to qualify as a national heritage maintenance technician referred to in Article 11 (4) of the Act shall meet all the following criteria and score an average of at least 60 points on the total of the performance examination and oral examination: <Amended on Jul. 11, 2017, May 19, 2020; May 7, 2024>
1. Passing criteria for the performance examination: A minimum of 30 points from each examiner who can award a maximum of 70 points;
2. Passing criteria for the oral examination: A minimum of 10 points from each interviewer who can award a maximum of 30 points.
(5) Articles 7 (2) and (3), 9 (5) and 10 (3) shall apply mutatis mutandis to the public announcement of an examination to qualify as a national heritage maintenance technician under Article 11 (4) of the Act, application forms, evaluation of an oral examination and public announcement of successful applicants, respectively. <Amended on May 7, 2024>
[Title Amended on May 7, 2024]
Article 11-2(Education for recognizing qualifications of national heritage maintenance technicians) #
(1) Holders and transmission instructors in the field of national heritage maintenance referred to in the proviso of Article 11 (1) of the Act shall be deemed to have passed the relevant examination to qualify as a national heritage maintenance technician only when he or she completes at least eight hours of professional education pursuant to Article 28 (2). <Amended on May 7, 2024; Apr. 15, 2025>
(2) The Administrator of the National Heritage Administration shall issue a certificate of education prescribed by Decree of the Ministry of Culture, Sports and Tourism and a certificate of a national heritage maintenance technician referred to in Article 12 of the Act, to a person who has completed education under paragraph (1). <Amended on May 7, 2024>
(3) Expenses incurred in relation to the education referred to in paragraph (1) shall be borne by a person who receives the education.
[This Article Added on Jan. 10, 2017]
[Title Amended on May 7, 2024]
Article 12(Requirements for registration of national heritage maintenance business) #
(1) The requirements for registration of national heritage maintenance business, national heritage on-site survey and design business, or national heritage supervision business under Article 14 (1) of the Act (hereinafter referred to as "national heritage maintenance business, etc.") shall be as listed in the following: <Amended on Jul. 30, 2013; Dec. 16. 2014; Jan. 7, 2020; May 7, 2024>
1. It shall have the technological capabilities, capital (referring to the appraised value of asset provided to the national heritage maintenance business, etc. in cases of an individual; hereinafter the same shall apply) and facilities prescribed in Appendix 7;
2. A confirmation document evidencing that a security worth of at least 20/100 of the base amount of the capital prescribed in subparagraph 1 is provided or cash equivalent thereto is deposited or contributed, which is verified and issued by any of the following institutions, shall be submitted:
(a) The National Heritage Maintenance Committee under Article 42 of the Act;
(b) Banks under the Banking Act;
(c) An insurance company under the Insurance Business Act;
(d) Mutual-aid associations under Article 54 of the Framework Act on the Construction Industry (limited to where an entity intending to register national heritage maintenance business, etc. is a member);
(e) Other institutions determined and publicly notified by the Administrator of the Korea Heritage Service;
3. Where it is designated as an inappropriate business pursuant to the Act on Contracts to which the State Is a Party or the Act on Contracts to which a Local Government Is a Party and thus its qualification for participation in a bidding is restricted, the period of restriction shall have ended;
4. Where it is issued disposition of suspension of business pursuant to Article 49 (1) of the Act, the period of suspension of business shall have ended;
5. In cases of a business entity of on-site survey and design of national heritage (referring to the representative in cases of a corporation), it shall be the person who is an on-site survey and design engineer of national heritage from among national heritage maintenance engineers and has reported the establishment of an architectural firm pursuant to Article 23 of the Certified Architects Act.
(2) "Major matters prescribed by Presidential Decree" in Article 14 (2) of the Act means the following: <Amended on May 7, 2024>
Article 12-2(Persons ineligible to conduct national heritage maintenance business) #
"Persons prescribed by Presidential Decree" in subparagraph 2-2 of Article 15 of the Act means persons recognized by a medical specialist in the relevant field as significantly lacking the ability to make decisions necessary for carrying out national heritage maintenance business or national heritage supervision business due to mental constraints. <Amended on May 7, 2024>
[This Article Added on Jul. 27, 2009]
[Title Amended on May 7, 2024]
Article 13(Types of national heritage maintenance business and scope of duties) #
The types of general national heritage maintenance business and special national heritage maintenance business under Article 16 (2) and (3) of the Act and the scope of duties shall be as listed in Appendix 8. <Amended on May 7, 2024>
[Title Amended on May 7, 2024]
Article 14(Scope of appurtenant national heritage maintenance) #
"The compound national heritage maintenance ... prescribed by Presidential Decree" in Article 16 (4) of the Act means any of the following national heritage maintenance: <Amended on Jan. 10, 2017; May 7, 2024>
1. Appurtenant national heritage maintenance the necessity for which arises as the principal national heritage maintenance is being or to be implemented;
2. Where at least 2 specialized fields of national heritage maintenance are mixed, and the total estimated amount of which is less than 100 million won, and the estimated amount of national heritage maintenance for the principal part is at least 1/2 of the estimated amount of whole national heritage maintenance, the national heritage maintenance for the rest part;
3. National heritage maintenance for which the estimated amount of appurtenant national heritage maintenance is less than 20 million won.
[Title Amended on May 7, 2024]
Article 15(Contents of contract) #
(1) "Matters prescribed by Presidential Decree" in Article 24 (2) of the Act means the following: <Amended on Dec. 24, 2019; May 7, 2024>
1. Concrete details of the national heritage maintenance, etc.;
2. Time to commence the national heritage maintenance, etc. and time of completion;
3. Where advance payment of contract amount or progress payment is specified in the contract, the time, method and amount of respective payment;
4. Matters concerning taking responsibility for loss if national heritage maintenances, etc. are suspended, the contract is revoked, or a natural disaster occurs;
5. Matters concerning change in contract amount or change in the details of national heritage maintenance, etc. due to change of design, price fluctuation, etc.;
6. Matters concerning payment of funds for occupational safety and health management under Article 72 of the Occupational Safety and Health Act;
7. Matters concerning industrial accident compensation insurance premiums under the Industrial Accident Compensation Insurance Act, employment insurance premiums under the Employment Insurance Act, various charges for which a party takes responsibility pursuant to statutes and regulations with regard to the national heritage maintenance, etc., and methods of taking responsibility therefor;
8. Methods of disposing of and recycling the wastes occurring from the relevant national heritage maintenance, etc.;
9. Inspection for the delivery of the object of a contract and time of delivery;
10. Time to pay contract amount after completion of national heritage maintenance, etc.;
11. Matters concerning compensation for loss, such as payment of penalty for breach of a contract, interest for arrears in cases of a delay in the implementation of a contract;
12. Warranty period and warranty methods;
13. Other matters to be specified according to other statutes and regulations or an agreement by both parties.
(2) To make both parties conclude a fair contract on equal terms, the Administrator of the Korea Heritage Service may set and disseminate a standard contract form or a standard subcontract form for the national heritage maintenance, etc. (referring to a standard subcontract form for the national heritage maintenance as recommended by the Fair Trade Commission pursuant to the Fair Transactions in Subcontracting Act in cases of a subcontract). <Amended on May 7, 2024>
Article 16(Notification of subcontracts) #
(1) The notification under Article 25 (2) of the Act shall be made within 30 days from the date a subcontract is concluded, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. The same shall apply to the modification or revocation of a subcontract.
(2) Where a general national heritage maintenance business entity being given a subcontract for the national heritage maintenance over which a national heritage supervision business entity conducts supervision makes notification to a national heritage business entity by the deadline under paragraph (1), the notification shall be deemed to be made to the person placing the order. <Amended on May 7, 2024>
Article 16-2(Evaluation of appropriateness of subcontract agreements) #
(1) "Where the subcontract amount is short of the amount according to the proportion prescribed by Presidential Decree" in Article 25-2 (1) 2 of the Act means any of the following cases: <Amended on May 7, 2024>
1. Where the subcontract amount is less than 82/100 of the amount equivalent to the subcontracted portion (referring to the amount calculated based on the agreed unit price (including direct and indirect labor costs, material costs, and expenses) on a contract amount calculation sheet prepared by the relevant contractor for the portion of national heritage maintenance to be subcontracted, which includes overhead expenses, profits, and value added tax; and excluding both the material costs the contractor directly pays to the subcontractor and the amount borne by the contractor pursuant to the relevant statutes and regulations), out of the contract amount;
2. Where the subcontract amount is less than 70/100 of the estimated price of the subcontracted portion set by the person placing the relevant order.
(2) Where a person placing an order intends to request the contractor to change the subcontractor or amend the details of the relevant subcontract pursuant to Article 25-2 (2) of the Act, he or she shall do so in writing, within 30 days from the date he or she is notified of the conclusion of the subcontract pursuant to Article 16 (1) or the date he or she becomes aware of the grounds for the change or amendment.
(3) The Administrator of the Korea Heritage Service shall determine and publicly notify the criteria for examining the maintenance capability of a subcontractor on national heritage, reasonableness, etc. of the details of a subcontract under Article 25-2 (1) of the Act. <Amended on May 7, 2024>
[This Article Added on Jan. 10, 2017]
Article 17(Request for change of subcontractor) #
Where a person placing an order intends to request the change of a subcontractor pursuant to Article 32 (1) of the Act, he or she shall make a written request within 15 days from the day he or she perceives the existence of reasons therefor or within 30 from the date reasons begin to exist.
Article 18(Standards for assigning national heritage maintenance engineers to sites) #
(1) Pursuant to Article 33 (1) of the Act, a national heritage maintenance business entity (including the Foundation; hereinafter in this Article, the same shall apply) shall assign a national heritage maintenance engineer conforming to the following standards and corresponding to the type of national heritage maintenance to the site of national heritage maintenance simultaneously with the commencement of national heritage maintenance; provided, where the parties to a contract set stricter standards for the type, work experience and the number of national heritage engineers to be assigned to the site of national heritage maintenance in consideration of the importance and characteristics of the national heritage maintenance, such standards shall apply: <Amended on Dec. 16. 2014; Jan. 10, 2017; May 7, 2024>
1. In cases of national heritage maintenance falling under subparagraph 1 (a) or (b) of Article 2 of the Act, the estimated cost for which is at least one billion won: A person in the relevant service for at least seven years after obtaining the qualification of a national heritage engineer;
2. In cases of national heritage maintenance falling under subparagraph 1 (c) of Article 2 of the Act, the estimated cost for which is at least 3 billion won: A person in the relevant service for at least 5 years after obtaining the qualification of a national heritage engineer;
3. In cases of national heritage maintenance falling under subparagraph 1 (c) of Article 2 of the Act, the estimated cost for which is not less than 2 billion won but less than 3 billion won: A person in the relevant service for at least 3 years after obtaining the qualification of a national heritage engineer;
4. In cases of national heritage maintenance other than those prescribed in subparagraphs 1 through 3: A person who has obtained the qualification of a national heritage engineer.
(2) In cases of national heritage maintenance in which at least two types of specialized fields are mixed, national heritage maintenance engineers in the field that takes a higher proportion among the amount of national heritage maintenance shall be assigned when national heritage maintenance engineers are to be assigned pursuant to paragraph (1). <Amended on May 7, 2024>
(3) Pursuant to the proviso of Article 33 (1) of the Act, a national heritage maintenance business entity may assign one national heritage maintenance engineer to less than 3 sites of national heritage maintenance (sites on which national heritage maintenance is temporarily suspended and sites on which disease and insect control is performed as specified in the duties of a plant protection engineer under subparagraph 6 of Appendix 2 shall be excluded from the calculation of the number of sites) with the consent of the person placing the order to the extent that no impediment arises to the quality and safety of national heritage maintenance; provided, where the national heritage maintenance, the estimated cost for which is less than 100 million won, is included, it may assign a national heritage maintenance engineer to less than five sites of national heritage maintenance (sites on which national heritage maintenance is temporarily suspended and sites on which disease and insect control is performed as specified in the duties of a plant protection engineer under subparagraph 6 of Appendix 2 shall be excluded from the calculation of the number of sites). <Amended on Dec. 16. 2014; May 7, 2024; Aug. 6, 2024>
Article 18-2(Reporting on current status of maintenance of national heritage) #
"Cases prescribed by Presidential Decree" in Article 33-3 (1) 4 of the Act means the following cases: <Amended on May 7, 2024>
1. Where new historical evidence is obtained;
2. Where intending to use techniques or materials different from those approved for design in order to increase the value of the national heritage;
3. Where any other event occurs that was unexpected at the time of the design approval.
[This Article Added on Dec. 8, 2020]
[Title Amended on May 7, 2024]
Article 18-3(Designation of design examiner) #
"Person who meets qualifications prescribed by Presidential Decree" in Article 33-5 of the Act means a person who meets the following requirements: <Amended on May 7, 2024>
1. To have engaged in the national heritage maintenance, etc. for at least five years; provided, as for a design examiner designated by a Mayor/Do Governor, his or her career period may be differently prescribed by the rules of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province, if necessary, in consideration of the circumstances of the relevant region;
2. To have completed a training course related to design examination among the specialized non-degree courses in traditional culture under Article 14 (2) of the Act on the Establishment of the Korea National University of Cultural Heritage.
[This Article Wholly Amended on Mar. 7, 2023]
Article 19(Warranty period) #
The warranty period by types of national heritage maintenance under Article 35 (1) of the Act shall be as listed in Appendix 9. <Amended on May 7, 2024>
Article 19-2(Grounds for extending period for submitting reports on maintenance of national heritage) #
"Unavoidable circumstances prescribed by Presidential Decree" in the proviso of Article 36 (1) of the Act means the following cases: <Amended on May 7, 2024>
1. Where any design is modified within 30 days from the completion date of the national heritage maintenance;
2. Where a national heritage maintenance business entity or a national heritage maintenance engineer assigned to the site of national heritage maintenance is changed within 60 days from the completion date of the national heritage maintenance;
3. Any of the following circumstances where the person placing an order deems it necessary to extend the period:
(a) Where the level of difficulties of preparing drawings of on-site survey and design or completion drawings is very high;
(b) Where the findings from research or inspections conducted in the course of repairing national heritage must be reflected in a report on the national heritage maintenance.
[This Article Added on Jan. 10, 2017]
[Title Amended on May 7, 2024]
Article 19-3(Details of reports on maintenance of national heritage) #
(1) "Matters prescribed by Presidential Decree, such as the current state of cultural heritage to be repaired, completion drawings, etc." in Article 36 (4) of the Act means the following: <Amended on Mar. 7, 2023; May 7, 2024>
1. The current status of national heritage to be repaired, such as the history, structure, style, preservation state, and surroundings of such national heritage;
2. Details of the repair of the national heritage;
2-2. A list of the following persons who have participated in the national heritage maintenance:
(a) A national heritage maintenance engineer;
(b) A national heritage maintenance technician;
(c) Other persons who have supervised, designed, or consulted in relation to the national heritage maintenance;
3. Matters concerning technical advice necessary for repairing national heritage;
4. Matters concerning modification of design of national heritage;
5. Drawings of on-site survey and design, and completion drawings;
6. Other matters prescribed and publicly notified by the Administrator of the Korea Heritage Service, as deemed necessary to document the national heritage maintenance.
(2) A report on the national heritage maintenance referred to in paragraph (1) shall be accompanied by an electronic version of the report. <Amended on May 7, 2024>
(3) The Administrator of the Korea Heritage Service may determine and publicly notify the detailed standards, such as file format, storage media, and submission methods under paragraph (2), to ensure the efficient electronic documentation of a report on the national heritage maintenance. <Added on May 15, 2018; May 7, 2024>
[This Article Added on Jan. 10, 2017]
[Title Amended on May 7, 2024]
Article 19-4(Disclosure of sites of national heritage maintenance) #
(1) Where a person placing an order intends to disclose the site of the national heritage maintenance pursuant to the proviso of Article 37-2 (1) of the Act, the person shall consult with the Administrator of the Korea Heritage Service or the Mayor/Do Governor on the method of disclosure of the site, etc. <Amended on May 7, 2024>
(2) When disclosing the national heritage maintenance site pursuant to the proviso of Article 37-2 (1) of the Act, the person placing an order shall consider the following: <Amended on May 7, 2024>
1. Necessary measures shall be taken to ensure safety, such as separating the working space from the viewing path;
2. The scope of disclosure of the national heritage maintenance site shall be discussed with the contractor so that the quality of the national heritage maintenance would not deteriorate;
3. Information related to the national heritage maintenance shall be posted so that the general public can easily understand it.
(3) Except as provided in paragraphs (1) and (2), matters necessary for the disclosure of the national heritage maintenance site shall be determined and publicly notified by the Administrator of the Korea Heritage Service. <Amended on May 7, 2024>
[This Article Added on Dec. 8, 2020]
[Title Amended on May 7, 2024]
Article 19-5(Disclosure of information of national heritage maintenance) #
"Information relating to the national heritage maintenance prescribed by Presidential Decree" in subparagraph 3 of Article 37-3 of the Act means the following: <Amended on May 7, 2024>
1. Photos showing the situation before the start of the national heritage maintenance;
2. Drawings showing the national heritage maintenance plan;
3. Other information that the Administrator of the Korea Heritage Service deems necessary to disclose in relation to the national heritage maintenance plan.
[This Article Added on Dec. 8, 2020]
[Title Amended on May 7, 2024]
Article 20(National heritage maintenance subject to supervision) #
(1) The national heritage maintenance subject to general supervision by a national heritage supervision business entity under Article 38 (1) of the Act shall be as listed hereunder: <Amended on Dec. 16. 2014; Jan. 10, 2017; May 15, 2018; Jan. 7, 2020; May 7, 2024>
1. In cases falling under subparagraph 1 (a) or (b) of Article 2 of the Act: National heritage maintenance, the estimated amount of which is at least 100 million won; provided, movable cultural heritage shall be excluded;
2. In cases falling under subparagraph 1 (c) of Article 2 of the Act: National heritage maintenance, the estimated amount of which is at least 300 million won;
3. National heritage maintenance, other than that specified in subparagraph 1 or 2, which is separately determined and publicly notified by the Administrator of the Korea Heritage Service or a Mayor/Governor who deems that general supervision of the repair of the national heritage is necessary because of its significance in historical, academic, scenic, or architectural values.
(2) Notwithstanding paragraph (1), any of the following repairs of national heritage, among the repairs of national heritage the contract for which is placed by an institution prescribed by Decree of the Ministry of Culture, Sports and Tourism, shall be subject to responsible supervision: <Added on Jan. 10, 2017; May 7, 2024>
1. In cases falling under subparagraph 1 (a) or (b) of Article 2 of the Act: National heritage maintenance, the estimated amount of which is at least 3 billion won; provided, movable cultural heritage shall be excluded;
2. In cases falling under subparagraph 1 (c) of Article 2 of the Act: National heritage maintenance, the estimated amount of which is at least 5 billion won;
3. National heritage maintenance, other than that specified in subparagraph 1 or 2, for which the person placing an order deems responsible supervision necessary as it has significance in historical, academic, scenic, or architectural values.
(3) "National heritage maintenance prescribed by Presidential Decree" in Article 38 (2) of the Act means the national heritage maintenance falling under any of the following subparagraphs: <Amended on May. 7, 2024>
1. National heritage maintenance for the designated cultural heritage as prescribed in Article 2 (3) of the Act on Conservation and Utilization of Cultural Heritage, which is determined by the Administrator of the Korea Heritage Service after deliberation by the Cultural Heritage Committee in accordance with Article 8 of the same Act;
Article 21(Scope of duties of national heritage supervisors) #
(1) National heritage supervisors who conduct general supervision over the national heritage maintenance pursuant to Article 38 (4) of the Act shall be classified into resident national heritage supervisors and non-resident national heritage supervisors as listed hereunder, and the scope of their duties shall be as specified in Appendix 10: <Amended on Dec. 16. 2014; Jan. 10, 2017; May 15, 2018; May 7, 2024>
1. Resident national heritage supervisor: A national heritage supervisor who resides in and conducts supervision over one site of national heritage maintenance;
2. Non-resident national heritage supervisor: A national heritage supervisor who conducts supervision over a site of national heritage maintenance occasionally or when needs arise, but does not reside in the site.
(2) The scope of duties of a national heritage supervisor who conducts responsible supervision pursuant to Article 38 (4) of the Act shall be as specified in Appendix 10-2. <Amended on Jan. 10, 2017; May 7, 2024>
(3) The Administrator of the Korea Heritage Service may determine and publicly notify detailed standards necessary for the methods of implementing supervision, procedures therefor, etc. so that national heritage supervision entities and national heritage supervisors may perform such duties efficiently. <Amended on May 7, 2024>
[Title Amended on May 7, 2024]
Article 22(Assignment of national heritage supervisors) #
(1) Where a national heritage supervision business entity (including the Foundation; hereinafter in this Article, the same shall apply) conducts general supervision, he or she shall assign national heritage supervisors to the sites of national heritage maintenance in compliance with the following standards pursuant to Article 38 (4) of the Act: <Amended on Jan. 10, 2017; May 15, 2018; May 7, 2024>
1. A resident national heritage supervisor or a non-resident national heritage supervisor shall be assigned in compliance with the standards for assigning national heritage supervisors specified in Appendix 11;
2. A national heritage supervisor appropriate for the type of national heritage maintenance shall be assigned; provided, where at least two types of national heritage maintenance are combined, a national heritage supervisor appropriate for the type of national heritage maintenance, which takes a higher proportion out of the amount of national heritage maintenance, shall be assigned;
3. While a resident national heritage supervisor is conducting supervision, he or she shall not be redundantly assigned to another site of national heritage maintenance;
4. One non-resident national heritage supervisor shall be assigned to not more than five sites of national heritage maintenance; provided, in cases falling under Article 20 (1) 3, where the total estimated amount of the national heritage maintenance is less than 300 million won and the national heritage maintenance takes place in the same Si (including the Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City)/Gun, the sites of national heritage maintenance shall be deemed to constitute one.
(2) Where a national heritage supervision business entity conducts responsible supervision, he or she shall assign national heritage supervisors to the sites of national heritage maintenance in compliance with the following standards pursuant to Article 38 (4) of the Act: <Amended on Jan. 10, 2017; May 15, 2018; May 7, 2024>
1. At least one national heritage supervisor appropriate for the type of national heritage maintenance, who meets the requirements determined by Decree of the Ministry of Culture, Sports and Tourism, shall be assigned continuously during the period for national heritage maintenance; provided, where at least two types of national heritage maintenance are combined, a national heritage supervisor appropriate for the type of national heritage maintenance, which takes a higher proportion out of the amount of national heritage maintenance, shall be assigned;
Article 22-2(Submission of supervision reports) #
(1) The final supervision reports a person placing an order submits to the Administrator of the Korea Heritage Service or the competent Mayor/Do Governor pursuant to Article 38 (6) of the Act shall be accompanied by an electronic version of the report. <Amended on May 15, 2018; May 7, 2024>
(2) The Administrator of the Korea Heritage Service may determine and publicly notify the detailed standards, such as file format, storage media, and submission methods under paragraph (1), to ensure the efficient electronic documentation of supervision reports. <Added on May 15, 2018; May 7, 2024>
[This Article Added on Jan. 10, 2017]
Article 23(Orders to re-perform by national heritage supervisors) #
(1) Where a person placing an order is notified of a reimplementation order, suspension order, etc. issued by a national heritage supervisor pursuant to Article 39 (4) of the Act, he or she shall examine the details, and take necessary measures, such as verification whether to make rectification, instruction to resume the national heritage maintenance, etc. <Amended on May 7, 2024>
(2) For reasons of issuing a reimplementation order, suspension order, etc. by a national heritage supervisor under Article 39 of the Act, the person placing the order shall not change the national heritage supervisor, refuse the national heritage supervisor to be assigned to the site all the time, refuse to pay or delay in making payment for supervision or issue unfavorable disposition to the national heritage supervisor. <Amended on May 7, 2024>
[Title Amended on May 7, 2024]
Article 24(Restrictions on supervision) #
"Relationship between ... <omitted>... a parent company and a subsidiary, which is prescribed by Presidential Decree" in subparagraph 1 of Article 41 of the Act means a case falling under subparagraph 11 of Article 2 of the Monopoly Regulation and Fair Trade Act. <Amended on Dec. 28, 2021>
Article 24-2(Projects to repair national heritage by Foundation) #
"Cases prescribed by Presidential Decree" in Article 41-2 (1) 4 of the Act means any of the following cases:
1. Where the Administrator of Korea Heritage Service allows the Foundation to repair the State-designated cultural heritage referred to in Article 2 (3) 1 of the Act on Conservation and Utilization of Cultural Heritage, after deliberation by the Cultural Heritage Committee under Article 8 of that Act;
2. Where the Administrator of the Korea Heritage Service directs the Foundation to carry out national heritage maintenance for natural monuments defined in subparagraph 2 of Article 2 of the Act on Conservation and Utilization of Natural Heritage and scenic spots defined in subparagraph 3 of that Article, after deliberation by the Natural Heritage Committee in accordance with Article 7-2 of that Act.
[This Article Wholly Amended on May 7, 2024]
Article 25(Matters to be specified in articles of association of National Heritage Maintenance Association) #
The following matters shall be specified in the articles of association of the National Heritage Maintenance Association (hereinafter referred to as "National Heritage Maintenance Association") under Article 42 (1) of the Act: <Amended on May 7, 2024>
1. Purpose;
2. Name;
3. Principal place of business;
4. Matters concerning qualification of members, entry and withdrawal, rights and duties;
5. Matters concerning general meetings;
6. Matters concerning directors' meetings, chapters, branches and committees;
7. Matters concerning officers;
8. Matters concerning asset and accounting;
9. Matters concerning the amendment of the articles of association;
10. Matters concerning dissolution and handling of remaining property;
11. Matters regarding the affairs and the execution thereof;
12. Other matters necessary for national heritage maintenance, etc., operation of the National Heritage Maintenance Association, etc.
[Title Amended on May 7, 2024]
Article 26(Mutual-aid projects of National Heritage Maintenance Association) #
(1) The scope of mutual-aid projects of the National Heritage Maintenance Association under Article 42 (5) of the Act shall be as follows: <Amended on Mar. 7, 2023; May 7, 2024>
1. Projects for providing guarantee for bidding, contracts (including the implementation of construction works), indemnity, advance payment, and defect repairs, etc. arising from the performance of duties by the members;
2. Mutual-aid projects for financing for members;
3. Mutual-aid projects for guaranteeing liability for damages arising from the performance of duties by the members;
4. Mutual-aid projects for improving the welfare of members and persons employed by the members and compensating for the losses caused by accidents on duty.
(2) Where the National Heritage Maintenance Association intends to perform mutual-aid projects under paragraph (1), it shall enact mutual-aid regulations and obtain approval from the Administrator of the Korea Heritage Service. The same shall apply to the amendment of mutual-aid regulations. <Amended on May 7, 2024>
(3) The mutual-aid regulations referred to in paragraph (2) shall include matters necessary for the operation of mutual-aid projects, such as the details of mutual-aid contracts, mutual-aid benefits, fees for mutual-aid, etc.
(4) Where the Administrator of the Korea Heritage Service intends to grant approval for mutual-aid regulations pursuant to paragraph (2) or to prescribe standards for the supervision of mutual-aid projects, he or she shall consult with the Financial Services Commission in advance. <Amended on May 7, 2024>
(5) The Administrator of the Korea Heritage Service may request the Governor of the Financial Supervisory Service defined in the Act on the Establishment of Financial Services Commission to examine mutual aid projects under paragraph (1). <Amended on May 7, 2024>
(6) The National Heritage Maintenance Association shall submit a project plan and an income and expenditure budget before each fiscal year begins. <Amended on May 7, 2024>
[Title Amended on May 7, 2024]
Article 26-2(Temporarily falling short of requirements for registration) #
"Cases prescribed by Presidential Decree, such as temporary failure to meet the requirements for registration" in the proviso of Article 49 (1) 4 of the Act means any of the following cases: <Amended on Apr. 29, 2016; May 7, 2024; May 28, 2024; Apr. 15, 2025>
1. Where any of the following is applicable when capital requirements under Appendix 7 are not met:
(a) Where the court decides to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act and such procedures are being proceeded with;
(b) Where, pursuant to the Debtor Rehabilitation and Bankruptcy Act, a court deems that the implementation of a rehabilitation plan is not impeded, and thus decides to terminate rehabilitation procedures on the relevant national heritage maintenance business entity or national heritage supervision business entity and the rehabilitation plan is being implemented;
(c) Where a coordinating committee of creditor financial institutions passes a resolution to commence the procedures for joint administration conducted by the coordinating committee of creditor financial institutions under the Corporate Restructuring Promotion Act and such procedures are being proceeded with;
2. Where a corporation to which the proviso of Article 542-8 (1) of the Commercial Act is applicable falls below requirements for registration due to reduction of capital as at the end of the most recent business year, and the period is no more than 50 days;
3. Where the person fails to meet the technical competency requirements under Appendix 7 due to childcare leave under Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, reduction of working hours during a childcare period under Article 19-2 of that Act.
[This Article Added on Nov. 11, 2014]
Article 27(Methods of calculating wages excluded from seizure) #
(1) An amount equivalent to the wages under Article 50 (1) of the Act shall be calculated by aggregating the wages specified in the calculation statement among the contract amount of repair of relevant national heritage (including subcontract for the national heritage maintenance). <Amended on Mar. 7, 2023; May 7, 2024>
(2) A person placing an order (referring to a contractor in cases of a subcontract) shall specify the wages under paragraph (1) in the contract sheet (referring to a subcontract sheet in cases of a subcontract). <Amended on Mar. 7, 2023; May 7, 2024>
[Title Amended on Mar. 7, 2023]
Article 28(Professional education for national heritage maintenance engineers and national heritage supervisors) #
(1) National heritage repair engineers (including national heritage supervisors; hereafter in this Article and Appendix 11-2, the same shall apply) shall receive professional education in accordance with the following classifications pursuant to Article 53 (1) of the Act for the number of hours prescribed in the relevant subparagraph; provided, a person who has not engaged in the duty during the period he or she shall receive regular education shall be excluded from such regular education: <Amended on Nov. 30, 2021; May 7, 2024>
1. Initial education: 32 hours before one year passes from the date of obtaining a certificate of a national heritage maintenance engineer under Article 10 (1) of the Act;
2. Regular education: 64 hours every five years from the date on which a person receives education under subparagraph 1.
(2) The details and methods of professional education referred to in paragraph (1) shall be as specified in Appendix 11-2. <Amended on Nov. 30, 2021>
(3) Deleted. <Nov. 30, 2021>
(4) The Administrator of the Korea Heritage Service shall record and manage the status of the completion of professional education under paragraph (1). <Added on Mar. 7, 2023; May 7, 2024>
(5) The Administrator of the Korea Heritage Service shall issue a certificate of completion of education to a national heritage maintenance engineer who has completed the professional education referred to in paragraph (1), as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Jan. 10, 2017; Nov. 30, 2021; Mar. 7, 2023; May 7, 2024>
(6) Where the Administrator of the Korea Heritage Service intends to implement professional education, he or she shall publicly announce matters necessary for the implementation of education, such as the date and time of education, place of education, etc. on the website of the Korea Heritage Service not later than 60 days before education is implemented. <Amended on Jan. 10, 2017; May 7, 2024>
[Title Amended on May 7, 2024]
Article 29(Evaluation of national heritage maintenance business entities) #
(1) "Standards prescribed by Presidential Decree" in Article 54 (1) of the Act means the standards according to the following classifications: <Amended on May 26, 2020; May 7, 2024>
1. National heritage repair: National heritage maintenance for which the amount of repair of the following items is not less than 500 million won:
(a) Designated Cultural Heritage under Article 2 (3) of the Act on Conservation and Utilization of Cultural Heritage;
(b) Provisionally designated cultural heritage under Article 32 of the Act on Conservation and Utilization of Cultural Heritage;
(c) Natural monuments, etc. defined in subparagraph 5 of Article 2 of the Act on the Conservation and Utilization of Natural Heritage;
(d) Provisionally designated natural monuments or provisionally designated scenic spots under Article 16 of the Act on Conservation and Utilization of Natural Heritage;
2. On-site survey and design: On-site survey and design, the amount of which referred to in each item of subparagraph 1 is at least 30 million won.
(2) Where the Administrator of the Korea Heritage Service or the heads of local governments designate an exemplary national heritage maintenance business entity or an exemplary on-site national heritage survey and design business entity pursuant to Article 54 (2) of the Act, they shall publicly announce the following matters in the Official Gazette: <Amended on May 7, 2024>
1. A person placing an order;
2. The name of an exemplary national heritage maintenance business entity or an exemplary on-site national heritage survey and design business entity, name of representative, registration number and address of workplace;
3. Date of designation and period of validity.
[Title Amended on May 7, 2024]
Article 30(Delegation and entrustment of authority) #
(1) Pursuant to Article 56 (1) of the Act, the Administrator of the Korea Heritage Service shall delegate the authority on the professional education for national heritage maintenance engineers and national heritage supervisors under Article 53 of the Act to the head of the Korea National University of Cultural Heritage established under the Act on the Establishment of the Korea National University of Cultural Heritage. <Amended on Jul. 10, 2012; Jan. 10, 2017; May 7, 2024>
(2) Pursuant to Article 56 (2) of the Act, the Administrator of the Korea Heritage Service shall entrust the following duties to the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act: <Amended on Jan. 10, 2017; May 7, 2024>
1. Implementing and managing examinations to qualify as national heritage maintenance engineers under Article 8 of the Act;
2. Implementing and managing examinations to qualify as national heritage maintenance engineers under Article 11 of the Act.
(3) The Administrator of the Korea Heritage Service shall entrust the following duties to the Foundation, the National Heritage Maintenance Association or relevant specialized institutions, organizations, etc. designated and publicly notified by the Administrator of the Korea Heritage Service pursuant to Article 56 (2) of the Act: <Added on Jan. 10, 2017; May 19, 2020; May 7, 2024>
1. The fact-finding survey on the supply of and demand for traditional materials under Article 7-3 (2) of the Act;
2. The stockpiling of traditional materials under Article 7-3 (4) of the Act;
3. The certification of traditional materials under Article 7-4 of the Act and the revocation of certification of traditional materials under Article 7-5 of the Act;
4. Receiving reports, keeping and managing records, and issuing career certificates pursuant to Article 13-2 of the Act;
5. Evaluating and giving pubic notice of capability to repair national heritage, as well as receiving reports on the preceding year's results, etc. of national heritage maintenance pursuant to Article 14-2 of the Act;
6. Managing and providing the information on national heritage maintenance business entities, etc., and establishing and operating a comprehensive national heritage maintenance information system pursuant to Article 14-3 of the Act;
Article 30-2(Management of personally identifiable information) #
(1) If it is inevitable in performing the following duties, the Administrator of the Korea Heritage Service (including the Human Resources Development Service of Korea, the National Heritage Maintenance Association, any specialized institutions, organizations, etc. designated and publicly notified by the Administrator of the Korea Heritage Service, which are entrusted with the authority of the Administrator of the Korea Heritage Service pursuant to Article 30 (2) or (3)) or Mayors/Do Governors may manage data including resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Jan. 10, 2017; Mar. 7, 2023; May 7, 2024>
1. Duties concerning the examination to qualify as national heritage maintenance engineer and the issuance of a certificate under Articles 8 and 10 of the Act;
2. Duties concerning the examination to qualify as national heritage maintenance technician and the issuance of certificates under Articles 11 and 12 of the Act;
3. Duties concerning receiving reports, keeping and managing records, and issuing career certificates under Article 13-2 of the Act;
4. Duties concerning the registration of national heritage maintenance business entities, etc. under Article 14 of the Act;
5. Duties of evaluating and giving pubic notice of capability to repair national heritage, as well as receiving reports on the preceding year's results, etc. of national heritage maintenance pursuant to Article 14-2 of the Act;
6. Duties of managing and providing the information on national heritage maintenance business entities, etc., as well as establishing and operating a comprehensive national heritage maintenance information system pursuant to Article 14-3 of the Act;
7. Duties concerning filing a report on the transfer, etc. of national heritage maintenance business, etc. under Article 17 of the Act;
8. Duties concerning filing a report on the inheritance of national heritage maintenance business, etc. under Article 20 of the Act.
(2) If unavoidable for conducting the affairs of a mutual-aid project under the subparagraphs of Article 26 (1), the National Heritage Maintenance Association may manage data which contain resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Added on Mar. 7, 2023; May 7, 2024>
Article 30-3(Re-examination of regulation) #
The Administrator of the Korea Heritage Service shall examine the appropriateness of the following every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Mar. 8, 2022; May 7, 2024>
1. Restrictions on the national heritage maintenance under Article 4: January 1, 2015;
2. Requirements for registration of national heritage maintenance business, etc. under Article 12: January 1, 2014;
2-2. Subcontract amount ratio under the subparagraphs of Article 16-2 (1): January 1, 2022;
3. Standards, etc. for assigning national heritage maintenance engineers on site under Article 18: January 1, 2015;
4. Repair of cultural heritage subject to supervision, etc. under Article 20: January 1, 2015;
5. Deleted; <Feb. 27, 2024>
6. Standards for assigning national heritage supervisors under Article 22 (1) 1 and Appendix 11: January 1, 2022.
[This Article Wholly Amended on Dec. 16, 2014]
Article 31(Criteria for imposition of administrative fines) #
(1) The criteria for imposition of administrative fines under Article 62 (2) of the Act shall be as listed in Appendix 12.
(2) The Administrator of the Korea Heritage Service, Mayors/Do Governors or the heads of Sis/Guns/Gus may increase or decrease an administrative fine under Appendix 12 by up to 1/2 of the amount of fine, considering the degree of seriousness of a violation, violation frequency, motive, result, etc. <Amended on May 7, 2024>