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CONSTRUCTION TECHNOLOGY PROMOTION ACT

Wholly Amended by Act No. 11794, May 22, 2013

Amended by Act No. 11998, Aug. 6, 2013

Act No. 12542, Mar. 24, 2014

Act No. 12579, May 14, 2014

Act No. 12967, Jan. 6, 2015

Act No. 13324, May 18, 2015

Act No. 13430, Jul. 24, 2015

Act No. 13671, Dec. 29, 2015

Act No. 13805, Jan. 19, 2016

Act No. 14848, Aug. 9, 2017

Act No. 15112, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the promotion of public welfare and the development of the national economy by enhancing the level of construction technology by facilitating research and development, thereby having construction works executed by appropriate means through the promotion of relevant industry as well as by improving the quality of construction works and ensuring the safety thereof.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 13324, May 18, 2015; Act No. 13430, Jul. 24, 2015>
1. The term “construction work” means construction works set forth in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;
2. The term “construction technology” means technology for the following: Provided, That with respect to the safety of workers, matters otherwise prescribed in the Occupational Safety and Health Act shall be excluded herefrom:
(a) Planning, investigation (including ground exploration; hereinafter the same shall apply), design (excluding design set forth in subparagraph 3 of Article 2 of the Certified Architects Act; hereinafter the same shall apply), execution, supervision, testing, evaluation, surveying (including waterway surveying; hereinafter the same shall apply), consulting, guidance, quality management, safety inspection, and review of safety with respect to construction works;
(b) Operation, investigation, safety inspection, precise safety diagnosis, maintenance, management, repair, reinforcement, and removal of facilities;
(c) Purchase and procurement of materials necessary for construction works;
(d) Start-up operation of construction equipment;
(e) Management of construction projects;
(f) Other matters related to construction works, prescribed by Presidential Decree;
3. The term “construction technology services” means performing services for the provision of construction technology under entrustment by another person: Provided, That this excludes execution of construction works and services for repair and removal of facilities;
4. The term “management of construction project” means the management of construction projects under subparagraph 8 of Article 2 of the Framework Act on the Construction Industry;
5. The term “supervision” means any service of managing construction works, to manage construction works for appropriate execution in conformity with the relevant statutes, standards, design documents, or other related documents, or to give technical guidance with respect to the management of execution, quality, safety, etc.;
6. The term “contracting authority” means the State, a local government, or the head of any public corporation or quasi-governmental institution under Article 5 of the Act on the Management of Public Institutions, the head of any local government-invested public corporation or local government public corporation under the Local Public Enterprises Act, or the heads of any institution prescribed by Presidential Decree, each of which is an entity that awards a contract for construction works or construction technology services;
7. The term “constructor” means a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry;
8. The term “construction engineer” means a person prescribed by Presidential Decree who has the qualifications, educational background or career experience necessary for construction works or construction technology services pursuant to the relevant Acts, such as the National Technical Qualifications Act;
9. The term “construction technology service business entity” means a person registered under Article 26 who provides any construction technology services as a means of business;
10. The term “construction accident” means an accident which occurs in the course of executing a construction work, causing damage to life or property, the scale of which is grater than that prescribed by Presidential Decree;
11. The term “ground exploration” means a series of acts conducted for the purpose of obtaining information on the geological structure, ground condition, soil characteristics, etc. of an area in which a construction work is to be executed.
 Article 3 (Master Plans for Advancement of Construction Technology)
(1) The Minister of Land, Infrastructure and Transport shall establish a master plan for the advancement of construction technologies (hereinafter referred to as “master plan”) every five years to encourage research and development of construction technologies, to facilitate the efficient use of the outcomes therefrom, and to ensure the promotion of the relevant industry.
(2) The master plan under paragraph (1) shall include the following particulars: <Amended by Act No. 13324, May 18, 2015>
1. Basic objectives of, and direction-setting for, the advancement of construction technology;
2. Measures for promoting the development of construction technology and utilizing such technology;
3. Management of information on construction technology;
4. Supply of and demand for personnel involved with construction technology and use thereof, as well as the improvement of their technical capabilities;
5. Fostering research institutes specializing in construction technology;
6. Structural sophistication of the construction technology services industry;
7. Matters concerning support for the overseas performance, international exchanges, etc. of construction technology services;
8. Matters concerning support for construction technology service business entities;
9. Matters concerning environmental management in relation to construction works;
10. Matters concerning safety management and quality control of construction works;
11. Other important matters concerning the advancement of construction technologies.
(3) Where the Minister of Land, Infrastructure and Transport formulates a master plan under paragraph (1), he/she shall consult with the heads of the related central administrative agencies in advance, and refer the plan to the Central Deliberation Committee on Construction Technology established under the Ministry of Land, Infrastructure and Transport pursuant to Article 5, for deliberation. The same shall also apply where the Minister changes any of the details of the master plan prescribed by Presidential Decree.
(4) The heads of related administrative agencies shall formulate annual implementation plans (hereinafter referred to as “implementation plans”) of the master plan and implement them after notifying the Minister of Land, Infrastructure and Transport.
(5) Except as provided in paragraphs (1) through (4), those matters necessary for formulating and implementing the master plan and implementation plans shall be prescribed by Presidential Decree.
(6) The Minister of Land, Infrastructure and Transport may, if necessary for the advancement of construction technologies, formulate basic plans for each field of construction technology, including the management of information on construction technologies, the management of construction technology personnel, and the environmental management, safety management, and quality control of construction works. <Newly Inserted by Act No. 13324, May 18, 2015>
 Article 4 (Adjustment of Important Policies, etc. related to Construction Technology)
Where the Minister of Land, Transport and Maritime Affairs deems that important policy projects, dispositions, etc. performed or taken by the head of a relevant administrative agency in respect of construction technology could hinder the implementation of a master plan, the Minister may request adjustment thereof by the head of the relevant administrative agency.
 Article 5 (Deliberation Committees on Construction Technology)
(1) A Central Deliberation Committee on Construction Technology (hereinafter referred to as “Central Deliberation Committee”) shall be established in the Ministry of Land, Infrastructure and Transport, and a local deliberation committee on construction technology (hereinafter referred to as “local deliberation committee”) in the Special Metropolitan City, a Metropolitan City, a Metropolitan Autonomous City, a Do, and a Special Self-Governing Province (hereinafter referred to as “Si/ Do”) to deliberate on matters concerning construction technology, including advancement, development, and utilization thereof.
(2) Notwithstanding paragraph (1), a Special Deliberation Committee on Construction Technology (hereinafter referred to as “Special Deliberation Committee”) shall be established within the Ministry of National Defense to deliberate on matters concerning designs related to construction works for national defense facilities and military installations.
(3) Matters necessary for the composition, functions, operation, etc. of the Central Deliberation Committee shall be determined by the Minister of Land, Infrastructure and Transport, after consulting with the heads of related central administrative agencies in conformity with the standards prescribed by Presidential Decree, while matters necessary for the composition, functioning, operation, etc. of each Local Deliberation Committee shall be determined by ordinances of the relevant Si/Do, and where the Special Deliberation Committee is established, matters necessary for its composition, functions, operation, etc. shall be determined by the Minister of National Defense, in conformity with the standards prescribed by Presidential Decree.
 Article 6 (Consultative Committee on Technology)
(1) A contracting authority may establish a consultative committee on technology to respond to requests from the relevant contracting authority for technological consultation with regard to the adequacy of design, execution, etc.
(2) Necessary matters concerning composition, functioning, operation, etc. of the consultative committee on technology under paragraph (1), shall be determined by the relevant contracting authority in conformity with the standards prescribed by Presidential Decree.
CHAPTER II SUPPORT FOR RESEARCH AND DEVELOPMENT OF CONSTRUCTION TECHNOLOGY, ETC.
 Article 7 (Projects for Construction Technology Research and Development)
(1) For the purpose of improving construction technologies and implementing the master plan efficiently, the Minister of Land, Infrastructure and Transport may conclude an agreement with an institution or organization prescribed by Presidential Decree and perform a project for construction technology research and development, as necessary for the development of construction technology.
(2) For the expenses necessary for a project for construction technology research and development under paragraph (1), contributions by the Government or non-governmental entities, or technology development funds of enterprises shall be appropriated.
(3) Necessary matters concerning the methods of concluding an agreement under paragraph (1), and the payment, use, and management of the contributions under paragraph (2) shall be prescribed by Presidential Decree.
 Article 8 (Recommendation of Research and Development, etc. of Construction Technology)
For the introduction, research, and development of new construction technologies, the Minister of Land, Infrastructure and Transport may recommend any of the following persons to establish and operate an affiliated research institute, to conduct joint research activities, to exchange information, to do other related activities, and to make investments for developing technologies as prescribed by Presidential Decree:
1. A public institution under the Act on the Management of Public Institutions, the head of the competent agency of which is the Minister of Land, Infrastructure and Transport;
2. A Constructor;
3. A Construction technology service business entity.
 Article 9 (Joint Research and Development, etc.)
For the purpose of efficiently utilizing the human resources, funds, testing facilities, and technological information of public institutions, corporations, organizations, or universities and colleges related to research and development of construction technology (including affiliated research institutes thereof; hereinafter referred to as “construction technology research institutions”), as well as for the purpose of acquiring advanced construction technology, the Minister of Land, Infrastructure and Transport may conduct joint research with the head of any related central administrative agency or support research and development of construction technology conducted by construction technology research institutions.
 Article 10 (Support in Relation to Research Facilities and Equipment, etc.)
The Minister of Land, Infrastructure and Transport may, in order to expand research infrastructure for construction technology, support the securing, management and common use of research facilities and equipments of construction technology research institutions, or may formulate and implement policies necessary therefor.
 Article 11 (Technology Evaluation Institution)
(1) The Government may establish a technology evaluation institution for efficiently supporting construction technology research and development projects.
(2) The technology evaluation institution shall be a juristic person.
(3) The technology evaluation institution shall be duly formed upon registration for its incorporation at the seat of its principal place of business.
(4) The technology evaluation institution shall conduct the following projects:
1. Evaluation and management of construction technology research and development projects;
2. Demand surveys, planning, and technology forecasts with respect to construction technology research and development;
3. Examination and management of new technologies in the field of construction;
4. Projects designated as tasks of the technology evaluation institution according to other statutes;
5. Other projects prescribed by Presidential Decree, related to development and utilization of construction technologies.
(5) The technology evaluation institution may conduct profit-making projects to raise funds for expenses necessary for achievement of the objective under paragraph (1).
(6) The Minister of Land, Infrastructure and Transport may contribute or subsidize, within budgetary limits, all or part of those expenses necessary for the technology evaluation institution to conduct the projects under paragraph (4).
(7) Except as otherwise expressly prescribed in this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the technology evaluation institution.
 Article 12 (Conduct of Demonstration Projects)
(1) Where the Minister of Land, Infrastructure and Transport deems it necessary for promoting the utilization and dissemination of any construction technology developed through construction technology research and development projects under Article 7, he/she may conduct a demonstration project in which such construction technology is applied.
(2) The Minister of Land, Infrastructure and Transport may give financial, administrative, and technical assistance to contracting authorities or construction technology research institutions which participate in demonstration projects under paragraph (1).
(3) The establishment of, implementation procedure for, the plan and other matters for a demonstration project under paragraph (1) shall be prescribed by Presidential Decree.
 Article 13 (Recommendation of Utilization of Developed Technologies)
The Minister of Land, Infrastructure and Transport may recommend a contracting authority to preferentially utilize any construction technology which proves to be excellent in a demonstration project under Article 12 at a construction work executed by the contracting authority.
 Article 14 (Designation, Utilization, etc. of New Technology)
(1) Where the Minister of Land, Infrastructure and Transport, upon receipt of an application for evaluation from a person who has first developed any construction technology in Korea or who has improved any existing construction technology, evaluates the relevant construction technology and then finds that it has novelty, progressiveness, and field applicability, he/she may designate it as a new construction technology (hereinafter referred to as a “new technology”) and publicly announce the fact.
(2) If deemed necessary to protect a person who has developed a new technology (hereinafter referred to as a “technology developer”), the Minister of Land, Infrastructure and Transport may determine the period of protection during which the technology developer is entitled to receive royalties for use of the technology, or protect him/her in any other manner.
(3) A technology developer may file an application for the extension of the protection period of any new excellent technology with the Minister of Land, Infrastructure and Transport, together with its utilization records, and the Minister may extend the protection period after verifying the utilization records. In such cases, necessary matters concerning the presentation of utilization records, verification, extension of the protection period, etc. shall be prescribed by Presidential Decree.
(4) The Minister of Land, Infrastructure and Transport may recommend a contracting authority to conduct a performance test of any new technology equipment, etc. or experimental execution of a new construction method related to any new technology, and if the performance test or experimental execution proves that such equipment or method is excellent, he/she may require the contracting authority to preferentially apply that new technology to the construction works executed by the authority, for the purpose of promoting the utilization of the relevant new technology.
(5) Where any new technology is found to be excellent in terms of constructability, economic feasibility, etc. in comparison with the existing construction technologies, a contracting authority shall preferentially apply such new technology to the construction works executed by it. <Newly Inserted by Act No. 13671, Dec. 29, 2015>
(6) A person in charge of contract affairs who belongs to the contracting authority of a construction work to which any new technology is applied and a person in charge of construction affairs related to the application of any new technology such as those related to design shall not be liable for the loss of the relevant agency which has occurred due to the application of the new technology, unless his/her intention or gross negligence is proved. <Newly Inserted by Act No. 13671, Dec. 29, 2015>
(7) Where necessary for the improvement of the performance or quality of any new technology, the Minister of Land, Infrastructure and Transport may recommend the technology developer who is entitled to protection in accordance with paragraph (2) to improve the new technology.
(8) Necessary matters concerning the evaluation methods, designation procedures, etc. of new technologies under paragraph (1), and the protection content, royalties, protection period, utilization methods, etc. of new technologies under paragraph (2) shall be prescribed by Presidential Decree.
 Article 15 (Revocation of Designation of New Technology)
If any new technology falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport shall revoke the designation thereof:
1. Where designation thereof is achieved by fraud or other improper means;
2. Where it is impossible to apply it to construction works, owing to any substantial defects of its content.
 Article 16 (Management of Construction Technology Introduced from Overseas)
(1) The Minister of Land, Infrastructure and Transport shall manage construction technologies introduced from overseas under the Foreign Investment Promotion Act, as prescribed by Presidential Decree, so that such technologies may be used efficiently.
(2) Where a contracting authority awards a contract for any construction works or construction technology service project through international competitive bid, it may accord substantial preference to a person capable of providing domestically required new construction technologies over any other person. In such cases, whether it is a new technology domestically required shall be determined through deliberation of the Central Deliberation Committee.
(3) Necessary matters concerning the preferential treatment in awarding a contract under paragraph (2) shall be prescribed by Presidential Decree.
 Article 17 (International Exchanges and Cooperation)
The Minister of Land, Infrastructure and Transport may implement the following projects, if deemed necessary for promoting international cooperation on construction technology development as well as for advancing into overseas construction technology markets:
1. Investigation and research into international cooperation on the development of construction technology;
2. International exchanges of manpower and information for the development of construction technology;
3. Joint development of construction technology with foreign colleges and universities and research institutes and organizations;
4. Opening overseas markets by utilizing developed construction technologies;
5. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, for the purpose of promoting international exchanges and cooperations for the development of construction technologies.
 Article 18 (Building of Construction Technology Information System)
(1) The Minister of Land, Infrastructure and Transport shall prepare a comprehensive distribution system for construction technology-related materials and information which fall under any of the following subparagraphs, and shall, for the dissemination and spread thereof, build and operate a construction technology information system, as prescribed by Presidential Decree:
1. Materials related to construction technology published or prepared by contracting authorities;
2. Materials concerning the designation, utilization, etc. of new technologies under Article 14;
3. Materials concerning the places of work, career backgrounds, etc. of construction engineers under Article 21;
4. Matters concerning registration, etc. of construction technology service businesses under Article 26;
5. Materials concerning the management of performance records of construction technology service under Article 30;
6. Materials concerning the evaluation, etc. of construction technology services and construction works under Article 50;
7. Materials concerning ex post evaluation of construction works under Article 52;
8. Materials concerning measurement of defectiveness of construction works under Article 53.
(2) Where the head of any central administrative agency, local government, public corporation, or quasi-governmental entity publishes or prepares materials related to construction technology prescribed by Presidential Decree, the Minister of Land, Infrastructure and Transport may request him/her to provide the said materials for the purpose of building the construction technology information system under paragraph (1). In such cases, the head so requested shall comply with such request except in extenuating circumstances.
(3) Necessary matters concerning the method, procedure, etc. for delivery of those materials related to construction technology under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 19 (Building of Integrated Information System to Support Construction Works)
(1) The Minister of Land, Infrastructure and Transport shall establish a basic plan for building an integrated information system to support construction works (hereinafter referred to as "plan for building the integrated information system") to promote the informatization of construction work processes and ensure efficient use of the outcomes thereof.
(2) The plan for building the integrated information system shall include the following matters:
1. Basic objectives and implementation direction-setting for the construction works informatization;
2. Policies for promoting informatization of construction work processes;
3. Implementation of joint projects and standardization for building the integrated information system to support construction works;
4. Research and development and technical assistance for building the integrated information system to support construction works;
5. Promoting common utilization of information through the integrated information system to support construction works;
6. Other matters necessary for promoting informatization of construction works.
(3) When formulating a plan for building the integrated information system, the Minister of Land, Infrastructure and Transport shall refer it to the Central Deliberation Committee for deliberation after consulting with the heads of related central administrative agencies. The same shall also apply where the Minister intends to modify any of the matters referred to in subparagraphs 1 through 3 of paragraph (2) or any other matters prescribed by Presidential Decree in the plan for building the integrated information system.
(4) When formulating a plan for building the integrated information system, the Minister of Land, Infrastructure and Transport shall have it linked with a basic plan for national informatization under Article 6 of the Framework Act on National Informatization and an implementation plan for national informatization under Article 7 of the same Act.
(5) The Minister of Land, Infrastructure and Transport may request the heads of related institutions, including related central administrative agencies, local governments, public institutions under the Act on the Management of Public Institutions, to provide materials or information necessary to build and operate the integrated information system to support construction works. In such cases, the head of an institution requested to provide the materials and information shall comply with such request except in extraordinary circumstances.
(6) The Minister of Land, Infrastructure and Transport may designate and publicly announce a specialized institution which is in charge of affairs related to the building and operation of the integrated information system to support construction works. In such cases, the Minister may contribute financial resources which the head of the said institution is to appropriate for the necessary project costs.
(7) The matters necessary for management of the specialized institution under Paragraph (6), and for building, operating, etc. of the integrated information system to support construction works shall be prescribed by Presidential Decree.
CHAPTER III FOSTERING, ETC. OF CONSTRUCTION ENGINEERS
 Article 20 (Fostering of Construction Engineers)
(1) If necessary for efficiently utilizing construction engineers and improving their technological capability, the Minister of Land, Infrastructure and Transport may formulate and implement policies for fostering, education, and training of construction engineers.
(2) In order to acquire capabilities and knowledge necessary for performing their job, construction engineers prescribed by Presidential Decree shall receive education and training courses conducted by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.
(3) An employer who employs any construction engineer subject to education and training pursuant to paragraph (2) shall bear the expenses necessary for the engineer to receive education and training under paragraph (2), and shall not accord him/her disadvantage merely due to such obligation for expenses.
(4) For the purpose of fostering construction engineers, the Minister of Land, Infrastructure and Transport may have a public institution under the Act on the Management of Public Institutions or a construction-related institution or organization which is designated and publicly notified by the Minister conducts education and training under paragraph (2). In such cases, the Minister of Land, Infrastructure and Transport may provide part of the expenses necessary for education and training.
(5) Matters concerning fostering construction engineers and necessary matters concerning the contents and period of education and training under paragraph (2) shall be prescribed by Presidential Decree.
 Article 21 (Reporting by Construction Engineers)
(1) A person engaged in construction works or construction technology service, who intends to be recognized as a construction engineer shall report to the Minister of Land, Infrastructure and Transport on matters necessary for managing the place of work, career background, academic background, qualification, and other information (hereinafter referred to as “place of work, career background, etc.”). The same shall also apply in cases of making a modification report of any reported matter.
(2) Upon receipt of the report under paragraph (1), the Minister of Land, Infrastructure and Transport shall keep and manage records regarding the place of work, career background, etc. of a construction engineer, and upon receipt of an application of the relevant construction engineer the Minister may issue him/her a certificate of the place of work, career background, etc. (hereinafter referred to as “certificate of construction technology career”).
(3) For ascertaining the contents reported under paragraph (1), the Minister of Land, Infrastructure and Transport may request the head of any related entity, such as a central administrative agency, a local government, a school under Article 2 of the Elementary and Secondary Education Act or under Article 2 of the Higher Education Act, a contracting authority, and construction-related company to which the reporting construction engineer belongs, to submit related materials. In such cases, the head of an entity so requested shall comply with such request except in extenuating circumstances.
(4) The head of any administrative agency who intends to grant authorization, permission, registration, licence, etc. under any related Act such as the Framework Act on he Construction Industry shall, if it is necessary to verify the place of work, career, etc. of a construction engineer, receive confirmation from the Minister of Land, Infrastructure and Transport.
(5) Matters necessary for reporting by construction engineers, the issuance and management of certificates of construction technology career, notification of the current status of construction engineers, etc. under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 22 (Mutual Recognition of Construction Engineers’ Qualifications between States)
Where it is deemed that the level of qualification requirements in any foreign state or of internationally prevailing counterpart is equivalent to the level of qualification requirements of construction engineers under this Act and thus interchange of business and other exchanges are possible, the State may recognize construction engineers on a mutual basis in conformity with an international agreement, etc. concluded between the State and a foreign country.
 Article 23 (Prohibition on Lending Construction Engineer’s Name, etc.)
(1) No construction engineer shall allow any other person to perform construction works or construction technology service by using his/her name, or lend his/her certificate of construction technology career.
(2) No one shall conduct construction works or construction technology service by using another person’s name or borrow another person's certificate of construction technology career.
(3) No one shall arrange any act prohibited by paragraph (1) or (2).
 Article 24 (Suspension of Construction Engineer's Service, etc.)
(1) Where a construction engineer falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may suspend his/her performance of construction works or construction technology service for a fixed period not exceeding two years:
1. In cases of falsely reporting the place of work, career, etc. when filing a report or modification report of any matter under Article 21 (1);
2. In cases of having another person conduct construction works or construction technology service by using his/her own name, or lending his/her own certificate of construction technology career in violation of Article 23 (1);
3. In cases of receiving a directive for correction under paragraph (2) three or more times;
4. In cases of failing to complying with any reasonable order for correction of a contracting person or construction engineer who performs management of the relevant construction project, with respect to construction management, etc.;
5. In cases of hindering the execution of construction work, owing to leaving arbitrarily the site of construction work without any justifiable ground;
6. In cases of damaging the property of the contracting authority by intention or gross negligence;
7. In cases of being requested by any other administrative agency to suspend business pursuant to statutes.
(2) A contracting authority shall, where a construction work is likely to be defective because a construction engineer fails to conscientiously perform the service, take necessary measures such as a directive for correction against such construction engineer, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall submit the results thereof to the Minister of Land, Infrastructure and Transport.
(3) Where a construction engineer falls under any of the subparagraphs of paragraph (1), a contracting authority and the head of an administrative agency granting permission, authorization, approval, etc. (hereinafter referred to as “authorizing or permitting agency”) shall notify the Minister of Land, Infrastructure and Transport thereof, and in cases of taking a disposition to suspend business of the construction engineer under paragraph (1), the Minister shall notify the content thereof to the relevant contracting authority and the head of the relevant authorizing or permitting agency.
(4) A construction engineer subject to a disposition suspending performance of business under paragraph (1) shall return his/her certificate of construction technology career, without delay, to the Minister of Land, Infrastructure and Transport, and the Minister shall take necessary measures, such as modification, deletion, etc. of the records on the place of work, career, etc.
(5) The standards for suspending business under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
CHAPTER IV CONSTRUCTION TECHNOLOGY SERVICE, ETC.
SECTION 1 Construction Technology Service Business
 Article 25 (Fostering Construction Technology Service Business)
(1) If necessary for the improvement of the level of technology in relation to construction technology service, and the sound development and advancement of the construction technology service business, the Minister of Land, Infrastructure and Transport may formulate and implement policies for fostering and supporting the construction technology service business in consideration of characteristics of the construction industry, after consulting with the Minister of Trade, Industry and Energy and the heads of related central administrative agencies.
(2) The Minister of Land, Infrastructure and Transport may provide the following supportive services to construction technology service entities for the purpose of fostering the construction technology service business:
1. Utilization of construction technologies developed through a research and development project under Article 7;
2. Provision of materials and information concerning construction technology through the construction technology information system under Article 18;
3. Provision of information concerning domestic and overseas construction technology-related human resources;
4. Professional education for construction engineers;
5. Other matters deemed necessary for the sound development and advancement of the construction technology service business.
 Article 26 (Registration of Construction Technology Service Business, etc.)
(1) A person who intends to conduct any construction technology service business shall be qualified for specified sectors and make a registration with 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 a “Mayor/Do Governor”): Provided, That a person who intends to be registered for planning, research or design, among construction technology services for which a contracting authority awards a contract, shall be an engineering business operator under subparagraph 4 of Article 2 of the Engineering Industry Promotion Act, or a professional engineer under Article 6 (1) of the Professional Engineers Act.
(2) A Mayor/Do Governor shall issue the registration certificate to construction technology service business entities as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Where any matter registered under paragraph (1) is modified, a construction technology services business entity shall register modification within the period as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply to modifications of minor matters determined by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) In cases of temporarily or permanently closing its business, a construction technology service business entity shall make a report thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, a Mayor/Do Governor who has received the report of permanent closure shall revoke the registration.
(5) Where a construction technology service business entity makes a registration or modification registration, or a Mayor/Do Governor receives a report of temporary or permanent closure of business from a construction technology service business entity, the Mayor/Do Governor shall notify the Minister of Land, Infrastructure and Transport thereof.
(6) The classification of specialized fields of the construction technology service business, registration requirements by specialized field, the scope of services and other matters under the main sentence of paragraph (1) shall be prescribed by Presidential Decree.
(7) Necessary matters concerning registration and modification registration, procedures for temporary or permanent closure, etc. of the construction technology service business shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 27 (Grounds for Disqualification)
No person who falls under any of the following subparagraphs shall make a registration under Article 26 (1): <Amended by Act No. 13671, Dec. 29, 2015>
1. A person under adult guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person for whom one year has not yet passed since the disposition to revoke registration under Article 31 (1): Provided, That this shall not apply where the registration of a construction technology service business is revoked due to falling under subparagraph 1, 2 or 4 of this Article;
4. A corporation whose representative falls under subparagraph 1 or 2.
 Article 28 (Duties of Construction Technology Service Business Entities, etc.)
(1) Construction technology service business entities and construction engineers conducting such construction technology service shall conscientiously and appropriately conduct the service in conformity with the related statues.
(2) No construction technology service business entity shall have another person conduct the construction technology services by using its name or trade name or lend another person its certificate of registration.
 Article 29 (Business Transfer, etc. of Construction Technology Service Business Entity)
(1) Where a construction technology service business entity falls under any of the following subparagraphs, it shall report to a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
1. Where a construction technology service business entity intends to transfer its business;
2. Where corporate construction technology service business entities intend to merge.
(2) Where any of the following persons satisfies the registration requirements under Article 26 (1), he/she shall succeed the rights and duties with respect to the registration of a construction technology service business entity:
1. Where a construction technology service business entity transfers its business, the transferee;
2. Where construction technology service business entities merge together, the corporation which continues to exist after the merger or which is established by the merger.
(3) A person who succeeds the rights and duties with respect to registration of any previous construction technology service business entity shall also succeed to the performance records of the previous construction technology services.
 Article 30 (Management of Performance Records of Construction Technology Services)
(1) Where a contracting authority concludes or modifies any contract for construction technology services for which it has awarded and where the construction technology service is completed, it shall notify the fact to the Minister of Land, Infrastructure and Transport within ten days.
(2) For the purpose of promoting the construction technology service business in a systematic manner, the Minister of Land, Infrastructure and Transport shall manage the data concerning the current status of construction technology service business entities, and the performance records of construction technology services announced under paragraph (1).
(3) The Minister of Land, Infrastructure and Transport may disclose the current status of construction technology service business entities and the performance records of construction technology service under paragraph (2), enabling a person awarding a contract to select an appropriate construction technology service business entity.
(4) Matters necessary for the notification and disclosure of the performance records of construction technology service under paragraphs (1) and (3) shall be prescribed by Presidential Decree.
 Article 31 (Revocation, etc. of Registration of Construction Technology Service Business Entities)
(1) Where a construction technology service business entity falls under any of the following subparagraphs, the competent Mayor/Do Governor may revoke its registration or order suspension of business for a specified period not exceeding one year: Provided, That where it falls under any of subparagraphs 1 through 5, the Mayor/Do Governor shall revoke the registration: <Amended by Act No. 13805, Jan. 19, 2016; Act No. 14848, Aug. 9, 2017>
1. In cases of obtaining registration under Article 26 (1) by fraud or improper means;
2. In cases of receiving disposition of suspending services or imposing penalty surcharges under Article 32 on at least three occasions during the preceding five years;
3. In cases of conducting construction technology services during a period of suspension of business: Provided, That this shall not apply, in cases of conducting construction technology service under Article 33;
4. In cases of falling under any of the grounds for disqualification under Article 27, after having been registered as a construction technology service business entity;
5. In cases of having another person conduct construction technology service by using its name or trade name, or lending the certificate of registration to another person, in violation of Article 28 (2);
6. In cases of participating in a bid by fraud or other improper means, such as forgery or falsification of documents for pre-qualification (PQ) under Article 35 (2);
7. In cases of failing to redress any unfulfilled part of the registration standards under Article 26 (1), within 50 days from the date on which it has come to fail to satisfy the registration standards after having been registered as a construction technology service business entity;
8. In cases of causing any serious accident under subparagraph 7 of Article 2 of the Occupational Safety and Health Act, doing damage to the property of a contracting authority, injuring any other people, or causing a defect in a construction work by intention or negligence;
9. In cases of being asked by another administrative agency to revoke its registration or suspend its business under other statutes.
(2) Where a construction technology service business entity falls under any of the following subparagraphs, a Mayor/Do Governor may issue an order to suspend its business for a fixed period not exceeding 6 months: <Amended by Act No. 13805, Jan. 19, 2016; Act No. 14848, Aug. 9, 2017>
1. In cases of failing to purchase insurance or to subscribe to a mutual aid under Article 34 (2);
2. In cases of entering into a subcontract without approval of a contracting authority under Article 35 (4);
3. In cases of failing to comply with an order to report or submit related materials under Article 38 (2);
4. In cases of refusing, obstructing, or evading inspection under Article 38 (3);
5. In cases a construction technology service business entity which performs construction project management falls under any of the following items:
(a) In cases of failing to submit a report on construction project management under Article 39 (4), drawing up a false report, or omitting details of execution, inspection, test, etc. in the said report with respect to the main structure of the relevant construction work;
(b) In cases of taking a measure such as an order for a contractor to re-execute, to suspend construction and failing to report the measure to the contracting authority pursuant to Article 40 (3);
(c) In cases of failing to report the review results of design documents under Article 48 (2);
(d) In cases of failing to conscientiously performing the guidance and supervision of quality management of construction works [limited to where a constructor or any person who has registered housing construction business under Article 4 of the Housing Act (hereinafter referred to as “registered housing constructor”) fails to implement a quality management plan or quality testing plan (including quality test or inspection under such plan) or fabricates the results of a quality test];
(e) In cases of having a person who is not qualified as a construction engineer or who is not a construction engineer belonging to the relevant construction technology business entity manage a construction project (excluding a person who, despited not being a construction engineer, is granted approval for the job from a contracting authority in advance);
(f) In cases of having a construction engineer who belongs to another construction technology service business entity manage a construction project;
(g) In cases of replacing or arranging a construction engineer who manages a construction project in a unjust manner;
6. In cases of failing to comply with a corrective order under Article 54 (1);
7. In cases where a construction technology service business entity who performs quality testing or inspection services falls under any of the following items:
(a) Where the quality of a construction work or that of materials or members of a framework used in a construction work (hereinafter referred to as “construction materials and members”) is seriously degraded owing to a flaw in a quality test or inspection;
(b) Where it issues a false result of a quality test or inspection;
(c) Where it refuses vicarious execution of a quality test or inspection for not less than three months without justifiable reasons;
(d) Where it orders a person who is not qualified for a construction engineer or is not a construction engineer belonging to it to perform a quality inspection;
(e) Where it fails to perform a quality inspection by using materials sealed or verified by the person placing the order, or the construction technology service business entity which performs construction project management, in violation of Article 60 (2);
(f) Where it fails to input the content of quality inspection records and quality inspections into an integrated information system for supporting construction works under Article 19, in violation of Article 60 (3);
(g) Where it fails to comply with any measure, such as a corrective order under Article 60 (4).
(3) No construction technology service business entity shall participate in a bid for a construction technology service or win a contract for construction technology service after changing its trade name during a period of suspension of business under paragraphs (1) and (2).
(4) Where a construction technology service business entity falls under any of the subparagraphs of paragraph (1) or (2), a contracting authority and the head of an authorizing or permitting agency shall notify the fact to the relevant Mayor/Do Governor, and where the Mayor/Do Governor takes any measure such as revocation of registration, suspension of business or imposition of a penalty surcharge pursuant to paragraph (1) or (2), or Article 32 (1), he/she shall notify the contents thereof to the Minister of Land, Infrastructure and Transport, the relevant contracting authority and the head of the authorizing or permitting agency.
(5) Detailed standards for dispositions under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 32 (Penalty Surcharges)
(1) In cases of having to order suspension of business under Article 31 (1), a Mayor/Do Governor may impose a penalty surcharge not exceeding 200 million won instead of suspension of business, and in cases of having to order suspension of business under Article 31 (2), he/she may impose a penalty surcharge not exceeding 60 million won in lieu of suspension of business.
(2) If a person subject to an imposition of a penalty surcharge under paragraph (1) fails to pay it within the prescribed period, it shall be collected under the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013>
(3) The amount of penality surcharges to be imposed according to the type and gravity of violations subject to the imposition of penalty surcharges under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 33 (Continuation of Business by Construction Technology Service Business Entities under Suspension of Business, etc.)
(1) A construction technology service business entity in receipt of a disposition of revocation of registration or suspension of business under Article 31 (1) or (2) may continue to perform the service under a construction technology service contract concluded before that disposition. In such cases, the construction technology service business entity shall notify the contents of the disposition to a person awarding the contract for the relevant construction technology service within the period determined by Presidential Decree.
(2) Where the contracting person of construction technology services is notified pursuant to paragraph (1) or becomes aware of the fact, he/she may terminate the contract only within 30 days from the date when he/she is notified of or comes to know the fact.
 Article 34 (Compensation for Damage and Defects Liability Bond of Construction Technology Service Business Entity)
(1) A construction technology service business entity shall compensate damage, where it intentionally or negligently causes damage to either any object of the relevant construction technology service or a third party in the course of implementing a contract for construction technology services. <Amended by Act No. 13430, Jul. 24, 2015>
(2) A construction technology service business entity determined by prescribed by Presidential Decree shall purchase insurance or join a mutual aid to guarantee compensation under paragraph (1). In such cases, the contracting authority shall appropriate the expenses incurred in purchasing insurance or joining a mutual aid into the construction technology service costs.
(3) When concluding a contract for construction project management, the contracting authority shall have a construction technology service business entity deposit defect liability bond money for indemnifying for liability for defects.
(4) Matters necessary for the terms, types, coverage, method, etc. of insurance or a mutual aid under paragraph (2) shall be prescribed by Presidential Decree.
(5) Matters for the scope of the liability for defects, the method of calculating and depositing the defect liability bond money shall be prescribed by Presidential Decree.
 Article 35 (Construction Technology Service Projects Executed by Contracting Authority)
(1) In executing a project equal to or larger than the monetary scale prescribed by Presidential Decree, among construction technology service projects or the designs under subparagraph 3 of Article 2 of the Certified Architects Act (hereinafter referred to as “construction design”), a contracting authority shall formulate and publicly notify an implementation plan for the project as prescribed by Presidential Decree.
(2) A project publicly notified under paragraph (1) shall be entrusted to a construction technology service business entity selected in conformity with the selection standards and procedures based on pre-qualification as prescribed by Presidential Decree for its execution (in cases of construction design, it means by a person who has filed a report on the establishment of an architect office pursuant to Article 23 of the Certified Architects Act; hereafter the same shall apply in this Article): Provided, That this shall not apply where selecting the construction technology by a competitive bid under Article 36.
(3) When selecting a construction technology service business entity who is to perform construction project management pursuant to Article 39 (2), a contracting authority may preferentially treat any construction technology service business entity which falls under each of the following subparagraphs (including a construction technology service business entity who organizes the construction consortium for joint procurement and supply, with the persons which falls under the following subparapraphs):
1. A person who registers a fire-fighting system business for supervising a fire-fighting system pursuant to Article 4 (1) of the Fire-Fighting System Installation Business Act;
2. A person who resisters a business for supervision of construction of electric facilities pursuant to Article 14 (1) 2 of the Electric Technology Management Act;
3. A person who, as a service provider under subparagraph 7 of Article 2 of the Information and Communications Construction Business Act, employs supervisors under Article 8 of the same Act.
(4) In cases of receiving a contract for construction technology service from the contracting authority under paragraph (2), a construction technology service business entity may subcontract part thereof to another construction technology service business entity with approval of the contracting authority.
(5) Matters necessary for the procedure for approval referred to in paragraph (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 36 (Selection of Construction Technology by Competitive Bid)
(1) A construction work or construction technology service project for which the contracting authority awards a contract may be ordered by a competitive bid.
(2) Matters necessary for subjects, procedures and methods, etc. of selecting by a competitive bid of construction technology shall be prescribed by Presidential Decree.
 Article 37 (Payment for Construction Technology Services)
(1) In cases of having a construction technology service business entity perform construction technology services, a contracting authority shall pay the construction technology service costs calculated in accordance with the calculation standards for construction technology service costs as determined and publicly notified by other statues or by the Ministry of Land, Infrastructure and Transport.
(2) The Ministry of Land, Infrastructure and Transport shall, in determining the standards for calculation of construction technology service costs pursuant to paragraph (1), consult in advance with the heads of related administrative agencies, such as the Minister of Strategy and Finance and the Minister of Trade, Industry and Energy.
 Article 38 (Guidance to and Supervision over Construction Technology Service Business Entities, etc.)
(1) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall guide and supervise a construction technology service business entity regarding matters concerning the performance of its business.
(2) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may, if deemed necessary for guidance and supervision under paragraph (1), order a construction technology service business entity to report on its business, or to submit the relevant materials.
(3) If deemed necessary for guidance and supervision under paragraph (1),The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may have public officials under his/her jurisdiction, enter any office or construction site of any construction technology service business entity for inspection.
(4) A person who conducts inspection under paragraph (3) shall carry a certificate indicating his/her authority and produce it to persons concerned.
SECTION 2 Construction Project Management
 Article 39 (Execution of Construction Project Management, etc.)
(1) If necessary for efficiently conducting construction works, a contracting authority may have a construction technology service business entity perform construction project management for any of the following construction works:
1. A construction work, the level of design, and construction managemental difficulty of which is so high as to require special management;
2. A construction work, the smooth management of which is difficult due to shortage of technical personnel of the contracting authority;
3. Construction works, other than those falling under paragraph (1) or (2), for which the contracting authority, to facilitated performance thereof, deems it necessary for a construction technology service business entity to perform construction project management.
(2) For the quality maintenance and improvement of construction works, a contracting authority shall have a corporate construction technology service business entity perform construction project management (including the exercise of the supervisory authority on behalf of the contracting authority, such as verification of the actual situation of quality and safety management in the phase of construction, check of any modification to design, completion inspection) regarding construction works prescribed by Presidential Decree.
(3) A contracting authority shall have a construction technology service business entity manage a construction project with respect to design service prescribed by Presidential Decree.
(4) A construction technology service business entity who manage construction projects under paragraphs (1) through (3) shall draw up a report which includes detailed contents of the business, such as construction of principal structural parts of construction works, inspections, tests, and submit it to the contracting authority.
(5) No construction technology service business entity shall have any of the following construction engineers perform construction project management under paragraphs (1) through (3):
1. An adult ward;
2. A person declared bankrupt and not yet reinstated;
3. A person who has violated the Building Act, the Certified Architects Act or the Housing Act, or has committed an offence prescribed in Article 26 (2) of the National Technical Qualifications Act, and for whom three years have not elapsed since his/her imprisonment without labor or greater punishment declared by a court was completely executed (including a case where the execution is deemed completed) or exempted;
4. A person who has committed any of the crimes prescribed in Articles 129 through 132 of the Criminal Act, and for whom five years have not elapsed since his/her imprisonment without labor or greater punishment sentenced by a court was completely executed (including a case where the execution is deemed completed) or exempted;
5. A person who has committed any of the crimes referred to in subparagrphs 1 through 3 and is subject to suspended punishment as sentenced by a court.
(6) Matters necessary for managing construction pursuant to the provisions of paragraphs (1) through (3), such as the detailed contents and scope of the business thereof, shall be prescribed by Presidential Decree.
 Article 40 (Order for Suspension of Construction, etc. in the Course of Construction Project Management)
(1) Where a constructor fails to perform the construction work in conformity with the contents of design documents, specifications, and other related documents, a construction technology service business entity which performs construction project management under Article 39 (2) may take a measure such as an order for reconstruction or suspension of construction, or other measures.
(2) A constructor who has received an order of reconstruction, suspension of construction, or other instruction for any other necessary measure pursuant to paragraph (1) shall comply therewith unless there is any justifiable reason not to do.
(3) In cases of taking a measure such as an order for reconstruction or suspension of construction, or any other measure pursuant to paragraph (1), a construction technology service business entity shall make a report on the relevant facts to the contracting authority, without delay.
(4) In cases of receiving a report on any measure such as an order for reconstruction or suspension of construction, or any other measure pursuant to paragraph (3), a contracting authority of any construction works shall take necessary measures therefor without delay.
(5) A construction technology service business entity which performs construction project management may designate a responsible construction engineer of the relevant construction project management, from among those constructors belonging thereto, and delegate the authority for an order of reconstruction or suspension of construction, or any other necessary measure under paragraph (1) to him/her.
(6) Necessary matters concerning the requirements, procedures, methods, etc. of an order for reconstruction or order for suspension of construction, or other necessary measures under paragraph (1) shall be prescribed by Presidential Decree.
 Article 41 (Selection, etc. of General Manager)
(1) Where a contracting authority has persons who fall under any of the following subparagraphs manage construction projects and supervise the respective field of construction works and installation works of electric facilities, fire-fighting system, etc. which are incidental to the construction work (hereinafter referred to as “installation works”), it may select one person in charge of general management of the affairs of both construction project management and supervision (hereinafter referred to as the “general manager”), from among persons who perform construction project management of their respective fields of the construction work and persons who supervise their respective fields thereof:
1. A construction technology service business entity;
2. A person who has registered fire-fighting system business under Article 4 (1) of the Fire-fighting System Installation Business Act;
3. A person who has registered the supervision business of the construction works of electric facilities under Article 14 (1) 2 of the Electric Technology Management Act;
(2) If deemed necessary for the quality and safety management of construction works and installation works, and the efficient construction project management and supervision thereof, the general manager shall take a necessary measure such as a corrective order against another person who performs project management of or supervision over of construction works, and if any above mentioned person fails to comply with such measure without any justifiable reason, he/she shall notify the fact to the contracting authority.
(3) The authority and duties of the general manager and other necessary matters shall be prescribed by Presidential Decree.
 Article 42 (Relationship with Other Acts)
In the event that construction project management under Article 39 (2) has been executed, or any affair prescribed by Presidential Decree among those related to construction project management has been performed, supervision of construction works under Article 25 of the Building Act, or supervision under Articles 43 and 44 of the Housing Act shall be deemed performed. <Amended by Act No. 13805, Jan. 19, 2016>
CHAPTER V MANAGEMENT OF CONSTRUCTION WORKS
SECTION 1 Standardization, etc. of Construction Works
 Article 43 (Standardization of Designs, etc.)
(1) In order to reduce the cost of construction works and improve the quality of facilities, the Minster of Land, Infrastructure and Transport shall endeavor to standardize the sizes of construction materials and members and methods for execution of constructions.
(2) In order to promote standardization under paragraph (1), the Minster of Land, Infrastructure and Transport may recommend any of the following persons to try any pilot production or pilot construction in the course of designing, production or execution as prescribed by Presidential Decree:
1. A designer of facilities;
2. A producer of construction materials and members;
3. A constructor or registered housing constructor.
(3) The Minster of Land, Infrastructure and Transport may request the heads of related agencies for necessary measures such as financial support and the improvement of standards related to standardization under paragraph (1), including the Korea Industrial Standards under Article 12 of the Industrial Standardization Act.
 Article 44 (Standards for Design and Execution of Constructions)
(1) For technological and environmental improvement of construction works, securing construction quality and appropriate construction management, the Minster of Land, Infrastructure and Transport or any other person prescribed by Presidential Decree may establish standards (hereinafter referred to as “construction standards”) for the following matters: <Amended by Act No. 12579, May 14, 2014>
1. Design standards for construction works;
2. Execution standards for construction works, standards for specifications, etc.;
3. Other matters necessary for managing construction works.
(2) If a person prescribed by Presidential Decree intends to establish his/her own construction standards pursuant to paragraph (1), he/she shall obtain approval from the Minster of Land, Infrastructure and Transport. <Amended by Act No. 12579, May 14, 2014>
(3) Matters necessary for procedures for establishing standards for construction works, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 12579, May 14, 2014>
 Article 44-2 (Management of Construction Standards)
(1) The Minster of Land, Infrastructure and Transport shall formulate policies for promoting the development of construction standards and utilizing them.
(2) For efficiently managing construction standards, the Minster of Land, Infrastructure and Transport may establish and operate a National Construction Standards Center.
(3) The National Construction Standards Center shall perform the following duties:
1. Research and development and dissemination of construction standards;
2. Management and operation of construction standards;
3. Verification and evaluation of construction standards;
4. Building of the informatization system for construction standards;
5. Education and publicity activities of construction standards;
6. Research and analysis of the trend of major state construction standards system and polices;
7. Promotion of international cooperation for the development of construction standards;
8. Other matters prescribed by Presidential Decree for the development of construction standards.
(4) The Minster of Land, Infrastructure and Transport may entrust the operation of the National Construction Standards Center to a specialized agency prescribed by Presidential Decree.
(5) The Minster of Land, Infrastructure and Transport may provide funds for expenses necessary for operating the National Construction Standards Center, within budgetary limits.
(6) Matters necessary for the establishment and operation of the National Construction Standards Center and the payment limits, appropriation, and management of the contributions under paragraph (5) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12579, May 14, 2014]
 Article 45 (Standards for Calculation of Construction Expenses)
(1) For calculating appropriate construction expenses, the Minster of Land, Infrastructure and Transport may stablish standards for calculation of construction expenses including construction expenses and the standard production unit estimated based on construction performance.
(2) The Minster of Land, Infrastructure and Transport may have any management agency which is designated and publicly notified by the Minister carry out the tasks of study, research, etc. of standards for calculation of construction expenses for the management of calculation standards for construction expenses. In such cases, the Minster of Land, Infrastructure and Transport may contribute financial resources to cover expenses necessary for projects.
(3) Necessary matters concerning the payment standards, use, and management of contributions under the latter part of paragraph (2) shall be prescribed by Presidential Decree.
 Article 46 (Execution Process of Construction Works)
(1) For economically and efficiently executing construction works, a contracting authority shall perform planning, investigation, design, execution, supervision, maintenance, management, etc. of construction works (hereinafter referred to as “execution process of construction works”) in conformity with the procedures and standards prescribed by Presidential Decree. <Amended by Act No. 13430, Jul. 24, 2015>
(2) If the execution process of construction works is not performed pursuant to paragraph (1), the Minster of Land, Infrastructure and Transport may require the contracting authority to rectify it.
 Article 47 (Feasibility Study of Construction Works)
(1) A contracting authority shall conduct a feasibility study of a construction work which it intends to execute in order to review its appropriateness from a comprehensive perspective in consideration of economics, technology, society, environment, etc. before establishing a plan for the construction work.
(2) A construction technology service business entity which has performed the feasibility study services ordered by a contracting authority shall submit materials, including demand forecasts, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the contracting authority after completing the service without delay. <Newly Inserted by Act No. 11920, Jul. 16, 2013>
(3) The contracting authority shall preserve the materials reported pursuant to paragraph (2) for ten years after completion of the relevant construction work. <Newly Inserted by Act No. 11920, Jul. 16, 2013>
(4) Where the difference between actual uses and the demand forecast prepared in the process of conducting the feasibility study is 30/100 or higher, a contracting authority shall investigate, based on the materials under paragraph (3), whether there has been any intention or negligence with respect to such difference on the part of the relevant construction technology service business entity. <Newly Inserted by Act No. 11920, Jul. 16, 2013>
(5) A contracting authority may, on the basis of the result of the investigation under paragraph (4), request a Mayor/Do Governor to take any measure, such as suspension of business under Article 31 (1), against the construction technology service business entity which causes harm to the contracting authority. <Newly Inserted by Act No. 11920, Jul. 16, 2013>
(6) Matters concerning the scope of construction works subject to a feasibility study under paragraph (1), the methods and procedures for a feasibility study, the schedule and methods for the evaluation of the difference between demand forecast and actual uses under paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 11920, Jul. 16, 2013>
 Article 48 (Drawing-up, etc. of Design Documents)
(1) A construction technology service business entity which performs designing service shall draw up design documents and present them to the construction technology service business entity, constructor, or registered housing constructor which performs construction project management of the relevant construction work.
(2) A construction technology service business entity, constructor, or registered housing constructor to whom the design documents are presented pursuant to paragraph (1) shall review the design documents and report the result to the contracting authority before commencing construction works.
(3) A contracting authority to whom the results of the review of design documents under paragraph (2) has been reported, shall, if necessary, require the construction technology service business entity who has drawn up the design documents to take a necessary measure, such as rectification and supplement thereof.
(4) For the quality improvement, correct execution, and safety of a construction work, a constructor and a registered housing constructor shall execute the construction work by phase after the review and confirmation of the following matters by a construction engineer who is selected by the contracting authority to perform construction project management or by a construction supervisor under Article 49:
1. Execution conditions required in a respective phase of the construction work;
2. Shop drawings which a constructor and a registered housing construction business entity are required to draw up.
(5) When drawing up design documents, a construction technology service business entity shall conduct a structural review of a structure (including a provisional structure) and specify the services which are performed by a construction engineer participating in drawing up the design documents, as determined by the Minister of Land, Infrastructure and Transport. The same shall also apply where changing any part of the design documents. <Amended by Act No. 12967, Jan. 6, 2015>
(6) Necessary matters concerning drawing-up, review, and confirmation of design documents under the provisions of paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 49 (Supervisory Duties of Construction Supervisor)
(1) A contracting authority shall appoint a construction supervisor to ensure the execution of a construction work in accordance with the design documents, contracts, and other related documents and to conduct management services of the construction work with regard to the quality of the construction work, safety at construction sites, etc: Provided, That this shall not apply where the contracting authority has a corporate construction technology service business entity perform construction project management.
(2) The Minister of Land, Infrastructure and Transport shall determine and publicly notify details of the duties of a construction supervisor, and a supervisor shall faithfully carry out supervisory duties in conformity therewith.
 Article 50 (Evaluation, etc. of Construction Technology Services and Execution of Construction Works)
(1) With respect to any construction technology service project of a scale equivalent to or larger than that prescribed by Presidential Decree (including service projects for construction design; hereafter the same shall apply in this Article), for which a contracting authority (in cases of a public-private partnership project under the Act on Public-Private Partnerships in Infrastructure, it means the competent administrative agency under subparagraph 4 of Article 2 of the same Act; hereafter the same shall apply in this Article) awards a contract, the contracting authority shall evaluate the performance of the construction technology service project.
(2) With respect to construction works of a scale equivalent to or larger than that prescribed by Presidential Decree, for which a contracting authority awards a contract, it shall evaluate the adequacy of the execution of the construction work.
(3) In cases of evaluation conducted under paragraphs (1) and (2), the contracting authority shall notify it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) The Minister of Land, Infrastructure and Transport may comprehensively evaluate construction technology services and the execution of construction works (hereinafter referred to as “comprehensive evaluations”), by integrating the results of the evaluations under paragraphs (1) and (2) by construction technology service business entity (including a founding architect of an architectural firm under Article 23 (2) of the Certified Architects Act; hereafter the same shall apply in this Article) and by constructor, and may disclose the results of the comprehensive evaluations.
(5) If necessary for conducting the comprehensive evaluations, the Minister of Land, Infrastructure and Transport may inspect construction sites, etc. in person, or require a construction technology service business entity or constructor to submit the materials necessary for the comprehensive evaluations.
(6) The standards, procedures, items, and other necessary matters for the evaluation of construction technology services, execution evaluation, or the comprehensive evaluations under the provisions of paragraphs (1) through (5) shall be prescribed by Presidential Decree.
 Article 51 (Designation of Exemplary Construction Technology Service Business Entities, etc.)
(1) The Minister of Land, Infrastructure and Transport may designate exemplary construction technology service business entities, constructors, or construction engineers on the basis of the results of the comprehensive evaluations.
(2) When awarding a contract for a construction technology service project or construction work, a contracting authority may give priority to exemplary construction technology service business entities, constructors, or construction engineers under paragraph (1).
(3) Where an exemplary construction technology service business entity, constructor, or construction engineer under paragraph (1) falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport shall revoke the selection thereof, as prescribed by Presidential Decree:
1. In cases of being designated by fraud or other improper means;
2. In cases of receiving a disposition of suspension of business or imposition of penalty surcharges under Article 82 of the Framework Act on the Construction Industry, due to defects in a construction work, etc.;
3. In cases of violating this Act or any order or disposition under this Act.
 Article 52 (Ex-Post Evaluation of Construction Works)
(1) When a construction work prescribed by Presidential Decree has been completed, a contracting authority shall conduct an ex-post evaluation by investigating and analyzing the details and effects of the work and prepare an ex-post evaluation sheet.
(2) There shall be established an ex-post evaluation committee under a contracting authority to respond to .the request for consultation by the contracting authority with regard to the adequacy of ex-post evaluation sheets.
(3) If any opinion obtained as a result of consulting an ex-post evaluation committee is reasonable, a contracting authority shall take necessary measures, such as a measure of reflecting it in the relevant ex-post evaluation sheet.
(4) A contracting authority shall disclose ex-post evaluation sheets, and the procedures, method, etc. of disclosure shall be prescribed by Ordinance by the Ministry of Land, Infrastructure and Transport.
(5) The Minister of Land, Infrastructure and Transport shall devise a scheme whereby ex-post evaluation sheets of contracting authorities can be utilized as materials for efficient performance of similar construction works.
(6) The contents and method of ex-post evaluation of construction works under paragraph (1) and necessary matters for the composition, operation, etc. of an ex-post evaluation committee shall be prescribed by Presidential Decree.
SECTION 2 Quality and Safety Management, etc. of Construction Works
 Article 53 (Measurement of Defects in Construction Works, etc.)
(1) Where defects in construction works occur or are likely to occur because any of the following persons fails to faithfully perform construction technology service, construction design service, construction supervision under subparagraph 4 of Article 2 of the Architects Act, or construction works, or causes damage to a contracting authority by intentionally or negligently making an incorrect demand forecast in a feasibility study of construction works (hereinafter referred to as “feasibility study”) under Article 47, the Minister of Land, Infrastructure and Transport, the contracting authority (in cases of a public-private partnership project under the Act on Public-Private Partnerships in Infrastructure, it shall means the competent administrative agency under subparagraph 1 of Article 4 of the same Act; hereafter the same shall apply in this Article), and the head of the authorizing or permitting agency shall give its black marks after measuring the degree of faultiness:
1. A constructor;
2. A registered housing constructor;
3. A construction technology service business entity (including a founding architect of an architectural firm under Article 23 (2) of the Certified Architects Act; hereafter the same shall apply in this Article);
4. A construction engineer or architect who is employed by any person falling under any of subparagraphs (1) through (3).
(2) When it calls for bids for construction technology service or a construction work, a contracting authority shall give a person who has been given demerit points pursuant to paragraph (1) disadvantage according to given demerit points.
(3) A contracting authority and the head of an authorizing or permitting agency shall, in cases of giving demerit points pursuant to paragraph (1), notify the contents thereof to the Ministry of Land, Infrastructure and Transport, and the Minister shall conduct a comprehensive management of demerit points and disclose the demerit points given to the persons who falls under any subparagraph of paragraph (1).
(4) Matters necessary for the standards of measuring the degree of defective construction, the contents of disadvantage, and the management and public disclosure of demerit points, etc. under the provisions of paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 54 (Inspection of Construction Sites, etc.)
(1) The Ministry of Land, Infrastructure and Transport or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), and a contracting authority may inspect the construction sites, etc. prescribed by Presidential Decree, and may, if deemed necessary after inspection, take a measure, such as a corrective order, or request the related agency to impose suspension of business or take other measures against a person who falls under any of the subparagraphs of Article 53 (1), as prescribed by Presidential Decree. <Amended by Act No. 13324, May 18, 2015>
(2) No person who inspects a construction site pursuant to paragraph (1) shall hinder the relevant construction works due to repeated inspects, etc.
(3) Necessary matters concerning the inspection of construction sites, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 55 (Quality Management of Construction Works)
(1) With respect to construction works prescribed by Presidential Decree, constructors and registered housing constructors shall develop a quality management plan concerning quality, process management, etc. according to construction types (hereinafter referred to as “quality management plan”) or a quality testing plan for construction works, which includes the securing of testing facilities, testing staff, etc. (hereinafter referred to as “quality testing plan”), and shall submit it to a contracting authority for approval. In such cases, a person awarding a contract for a construction work who is not a contracting authority shall submit, in advance, a copy of the quality management plan or the quality testing plan to the head of the authorizing or permitting agency.
(2) A constructor or registered housing constructor shall conduct quality tests and inspections in accordance with the quality management plan and the quality testing plan. In such cases, a construction engineer employed by a constructor or registered housing constructor to conduct the duties of quality management shall conduct his/her duties in accordance with the quality management plan or quality testing plan.
(3) A contracting authority, the head of an authorizing or permitting agency and the head of agencies prescribed by Presidential Decree may check whether a constructor or registered housing constructor appropriately conducts quality management of construction works for which a quality management plan is to be formulated in conformity with the quality management plan pursuant to paragraph (2).
(4) The standards and procedure for establishing the quality management plan or the quality testing plan, the method and procedure for checking the quality management and other matters necessary for such ascertainment under paragraph (3) shall be prescribed by Presidential Decree.
 Article 56 (Appropriation and Execution of Quality Management Expenses)
(1) When concluding such contract, a person awarding a contract for a construction work shall appropriate the expenses necessary for the quality management of construction work (hereinafter referred to as “quality management expenses”) in the construction costs, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) The standards for methods of use, etc. of the quality management expenses according to scales and types of construction works shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 57 (Assurance, etc. of Quality of Construction Materials and Members)
(1) If necessary to assure the quality of construction materials and members prescribed by Presidential Decree, the Minister of Land, Infrastructure and Transport may determine and publicly notify the matters necessary for the production, supply, and storage of construction materials and members in consultation with the heads of related central administrative agencies.
(2) A person who produces (including collection) or imports and sells construction materials and members, a constructor or registered housing constructors who uses such materials and members in construction works prescribed by Presidential Decree, and a manufacturer of ready-mixed concrete (referring to unhardened concrete after mixing cement, aggregates, water, etc.) or asphalt concrete shall provide or use construction materials and members which fall under any of the following subparagraphs: <Amended by Act No. 11920, Jul. 16, 2013>
1. Construction materials and members which are certified as compliant with the Korean Industrial Standards under Article 12 of the Industrial Standardization Act;
2. Other construction materials and members the appropriateness of which are recognized by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.
(3) Where a manufacturer of ready-mixed concrete intends to reuse returned ready-mixed concrete, it shall fall under any of the subparagraphs of paragraph (2). <Newly Inserted by Act No. 11920, Jul. 16, 2013>
(4) The Minister of Land, Infrastructure and Transport may check whether the quality of construction materials and members is appropriate, and if it is deemed, as a result of check, that they are not appropriate to be used for construction works, he/she may request the heads of related central administrative agencies to take necessary measures, such as issuing a corrective order.
 Article 58 (Certification of Steel Structure Factory)
(1) The Minister of Land, Infrastructure and Transport may, upon receipt of application of manufacturers of steel structures used in construction works, certify manufactories producing steel structures (hereinafter referred to as “steel structure factory”) by grade determined according to their capacity (hereinafter referred to as “factory certification”).
(2) The Minister of Land, Infrastructure and Transport may conduct investigations on the operational status and ex post facto management situation of steel structure factories which have obtained factory certification (hereafter referred to as “status investigation” in this Article) and make public the results thereof. <Amended by Act No. 13671, Dec. 29, 2015>
(3) Where as a result of a status investigation it is deemed that the standards for factory certification are not satisfied, the Minister of Land, Infrastructure and Transport may order the measures necessary for corrections. <Amended by Act No. 13671, Dec. 29, 2015>
(4) The Minister of Land, Infrastructure and Transport may, for the purpose of conducting a status investigation, request a related administrative agency, a person operating a steel structure factory, and other persons prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as “person operating a steel structure factory, etc.) to submit necessary materials. In such cases, a person operating a steel structure factory, etc. shall comply with such request unless there is good cause. <Newly Inserted by Act No. 13671, Dec. 29, 2015>
(5) Necessary matters concerning the subjects of, standards and procedures for factory certification and status investigations, the publication of the results of status investigations, and other related matters under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13671, Dec. 29, 2015>
 Article 59 (Revocation, etc. of factory Certification)
(1) Where a certified steel structure factory falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke its factory certification: Provided, That in cases of falling under subparagraph 1, factory certification shall be revoked: <Amended by Act No. 13671, Dec. 29, 2015>
1. In cases of obtaining factory certification by fraud or other improper means;
2. In cases of failing to comply with a corrective order under Article 58 (3);
3. In cases of causing harm to ordinary people due to steel structures which fail to meet the standards or are manufactured inappropriately.
(2) Necessary matters concerning the procedures, etc. for the revocation of factory certification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 60 (Vicarious Execution, etc. of Quality Inspections)
(1) A person who awards a contract for construction works, a constructor, or a registered housing constructor may have a national or public testing institution prescribed by Presidential Decree or a construction technology service business entity vicariously execute tests, inspections, etc. for the quality management of construction works (hereinafter referred to as “quality inspection”).
(2) A person requested to vicariously execute a quality inspection pursuant to paragraph (1) shall perform the quality inspection by using materials sealed or verified by the person who awards a contract or the construction technology service business entity which performs construction project management in violation of Article 60 (2). <Newly Inserted by Act No. 14848, Aug. 9, 2017>
(3) Where a person requested to vicariously execute quality inspections pursuant to paragraph (1) shall perform the quality inspection of materials, etc. to be used for construction works, and issue a report of quality inspection thereof, he/she shall input the content of the quality inspection records and quality inspection into an integrated information system for supporting construction works under Article 19 within seven days from the date of its issuance so as to have such content inspectable. <Newly Inserted by Act No. 14848, Aug. 9, 2017>
(4) The Minister of Land, Infrastructure and Transport may investigate whether a construction technology service business entity performs a qualify inspection in a correct manner pursuant to paragraph (1) and, if necessary, take a measure, such as an order of correction. In such cases, the Minister of Land, Infrastructure and Transport may, if deemed necessary, publish the result of such investigation. <Amended by Act No. 13671, Dec. 29, 2015; Act No. 14848, Aug. 9, 2017>
(5) Other matters necessary for the vicarious performance of quality inspections under paragraph (1), methods for inputting into an integrated information system for supporting construction works under paragraph (3), and investigations and publication of results of investigations under paragraph (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 13671, Dec. 29, 2015; Act No. 14848, Aug. 9, 2017>
 Article 61 (Evaluation Institution for Vicarious Execution of Quality Inspections)
(1) The Minister of Land, Infrastructure and Transport may designate an evaluation institution (hereinafter referred to as “evaluation institution”), from among public institutions under the Act on the Management of Public Institutions to professionally and technologically investigate and evaluate whether a construction technology service business entity which vicariously executes quality inspection meets the standards for registration under Article 26 (1) and performs quality inspections in a correct manner.
(2) The Government may support necessary expenses to an evaluation institution within the budgetary limits.
(3) The Minister of Land, Infrastructure and Transport may investigate the operational status of an evaluation institution, and if deemed necessary as a result of the investigation, may issue a corrective order to the institution. In such cases, the Minister of Land, Infrastructure and Transport may, if deemed necessary, make public the results of operational status investigations. <Amended by Act No. 13671, Dec. 29, 2015>
(4) Where an evaluation institution has performs evaluations in an unjust manner, the Minister of Land, Infrastructure and Transport shall revoke its designation, and where the institution fails to comply with a corrective order, the Minister may revoke its designation.
(5) The Minister of Land, Infrastructure and Transport may request an evaluation institution to submit necessary materials in order to conduct an operational status investigation under paragraph (3). In such cases, the evaluation institution so requested shall comply with the request unless there is good cause. <Amended by Act No. 13671, Dec. 29, 2015>
(6) Necessary matters concerning the designation, designation revocation and management of an evaluation institution, an investigation on its operational status, publication of the results of the operational status investigation, etc. under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 13671, Dec. 29, 2015>
 Article 62 (Safety Management of Construction Works)
(1) A constructor and a registered housing constructor shall formulate a safety management plan concerning safety inspections, a safety management organizations, etc. (hereinafter referred to as “safety management plan”) and submit it to a person awarding a contract for approval. In such cases, the person awarding a contract who is not a contracting authority shall, in advance, submit a copy of the safety management plan to the head of an authorizing or permitting agency.
(2) A constructor and a registered housing constructor shall conduct safety inspection in conformity with a safety management plan. In such cases, a construction engineer who is employed by a constructor or a registered housing constructor to conduct a duty of safety management shall do so in conformity with the safety management plan.
(3) Necessary matters concerning the scope of construction works for which a safety management plan is required, the formulation standards and approval procedures of a safety management plan, the time and methods of safety inspection, remuneration of a construction engineer performing safety inspection, etc. shall be prescribed by Presidential Decree.
(4) A constructor and a registered housing constructor shall, when completing a construction work for which a safety management plan has been formulated, draw up a comprehensive report on safety inspection (hereinafter referred to as “comprehensive report”) in accordance with the procedures and methods prescribed by Presidential Decree, and submit it to a contracting authority (referring to an authorizing or permitting agency where a person awarding a contract is not a contracting authority).
(5) A contracting authority or the head of an authorizing or permitting agency to whom a comprehensive report has been submitted pursuant to paragraph (4) shall present the comprehensive report to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.
(6) The Minister of Land, Infrastructure and Transport, the contracting authority and the head of the authorizing or permitting agency shall preserve and manage the comprehensive reports submitted pursuant to paragraphs (4) and (5) as prescribed by Presidential Decree.
(7) A constructor or registered housing constructor shall, when performing works for establishing a provisional structure such as a supporting post, a mould, and a scaffold, receive confirmation from a technician under the National Technical Qualifications Act in a field appropriate for confirmation of the structural safety of the provisional structure (hereinafter referred to as “related expert”), as prescribed by Presidential Decree. <Newly Inserted by Act No. 12967, Jan. 6, 2015>
(8) A related expert shall confirm the structural safety of a provisional structure to ensure the safety of a provisional structure. <Newly Inserted by Act No. 12967, Jan. 6, 2015>
(9) The Minister of Land, Infrastructure and Transport shall, in order to ensure the safety of construction works, determine and publicly announce the safety management system to be equipped with, and the safety management affairs to be performed, by the following persons participating in any construction work (hereinafter referred to as a “participant in construction works”): <Newly Inserted by Act No. 13324, May 18, 2015>
1. A person who awards a contract (referring to the head of an authorizing or permitting agency where a person who awards a contract is not a contracting authority);
2. A construction technology service business entity;
3. A constructor or registered housing constructor.
(10) The Minister of Land, Infrastructure and Transport may, in order to ensure the safety of construction works, evaluate the level of safety management of participants in construction works in accordance with the procedures and standards prescribed by Presidential Decree and then make public the result of evaluation. <Newly Inserted by Act No. 13324, May 18, 2015>
(11) The Minister of Land, Infrastructure and Transport may establish and operate a comprehensive information network for safety management of construction works (hereinafter referred to as “information network”) in order to efficiently manage materials necessary for construction safety, such as construction accident statistics, and encourage the common utilization thereof. <Newly Inserted by Act No. 13324, May 18, 2015>
(12) The Minister of Land, Infrastructure and Transport may request participants in construction works, the related associations, the heads of central administrative agencies, or local governments to present necessary materials in order to evaluate the level of safety management of participants in construction works and establish and operate the informational network. In such cases, the person so requested shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted by Act No. 13324, May 18, 2015>
(13) Matters necessary for the establishment, operation, etc. of the information network shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13324, May 18, 2015>
 Article 63 (Safety Management Expenses)
(1) A person who awards a contract for a construction work shall, when concluding a contract for a construction work, include expenses necessary for safety management of a construction work (hereinafter referred to as “safety management expenses”) in construction expenses as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) The standards for how to use the safety management expenses according to the scales and types of construction works and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 64 (Safety Management Organization of Construction Works)
(1) A constructor and a registered housing constructor who formulates a safety management plan shall establish a safety management organization composed of the following persons:
1. A general safety manager who is responsible for the general management of affairs related to the execution and safety of the relevant construction work;
2. Sectoral safety managers who are responsible for the execution and safety management of respective sectors of the construction work such as civil engineering, building, electricity, machinery, and equipments;
3. Safety management staff who directly engage in the execution and safety management of construction works at a construction site;
4. Members of a consultative body composed of contractors and subcontractors.
(2) The composition, duties of a safety management organization under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
 Article 65 (Safety Education for Construction Work)
(1) For the safety management of construction works a constructor and a registered housing constructor shall conduct safety education for construction workers participating in construction works.
(2) The timing and method of safety education under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 66 (Environmental Management in Construction Works)
(1) The Minister of Land, Infrastructure and Transport shall, so as to execute construction works in harmony with environment, develop and disseminate related technologies and devise the schemes for the followings in consultation with related central administrative agencies:
1. Recycling of construction wastes;
2. Implementation of demonstration projects for dissemination of environment- friendly construction technologies;
3. Other polices necessary for environment-friendly construction works prescribed by Presidential Decree.
(2) A person who awards a contract for a construction work, a constructor and a registered housing constructor shall endeavor to manage the environment of construction works so as to minimize environmental damage.
(3) When concluding a contract for construction work, a person who awards a contract for a construction work shall include expenses necessary for environmental management of a construction work such as prevention of environmental damage and pollution (hereinafter referred to as “environmental management expenses”) in construction expenses as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) The standards for the expending method, etc. of environmental management expenses shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 67 (Accident Investigation of Construction Sites and Other Related Matters)
(1) A participant in construction works (excluding a person awarding a contract) who becomes aware that a construction accident has occurred shall without delay notify the contracting authority and an authorizing or permitting agency of the fact. <Newly Inserted by Act No. 13324, May 18, 2015>
(2) The head of a contracting authority and the head of an authorizing or permitting agency shall, in the case of a serious construction accident prescribed by Presidential Decree (hereinafter referred to as a “serious construction site accident”), immediately submit the following matters to the Minister of Land, Infrastructure and Transport: <Newly Inserted by Act No. 13324, May 18, 2015>
1. Time and place of the occurrence of the accident;
2. Details of the occurrence of the accident;
3. Measures that have been taken;
4. Plans for measures to be taken in the future.
(3) Where any serious construction site accident has occurred, the Minister of Land, Infrastructure and Transport, the head of a contracting authority and the head of an authorizing or permitting agency may investigate into the details, causes, etc. of the accident at the construction site in order to clarify the causes of the accident and prevent the recurrence of the accident. <Amended by Act No. 13324, May 18, 2015>
(4) The head of a contracting authority and the head of an authorizing or permitting agency who have conducted an investigation on the details, causes, etc, of the accident in accordance with paragraph (3) shall submit the results thereof to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 13324, May 18, 2015>
(5) The Minister of Land, Infrastructure and Transport, the head of a contracting authority and the head of an authorizing or permitting agency may, if necessary, have a construction accident investigation committee under Article 68 investigate the details and causes of the serious construction site accident.
(6) Methods, procedures, etc. for notification of construction accidents under paragraph (1) and matters necessary for the investigation on serious construction site accidents under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 13324, May 18, 2015>
 Article 68 (Construction Accident Investigation Committee)
(1) The Minister of Land, Infrastructure and Transport, a contracting authority and the head of an authorizing or permitting agency may, if deemed necessary for the investigation of any serious accident at a construction site, organize and operate a construction accident investigation committee.
(2) When completing the investigation of a serious construction site accident, a construction accident investigation committee may recommend or propose any scheme to prevent the recurrence of similar construction accidents to the Minister of Land, Infrastructure and Transport, a contracting authority, the head of an authorizing or permitting agency, or the head of other related administrative agencies.
(3) The Minister of Land, Infrastructure and Transport, a contracting authority, the head of an authorizing or permitting agency, or the head of other related administrative agencies shall, unless there is any compelling reason not to do, comply with the recommendation or proposal of the construction accident investigation committee under paragraph (2).
(4) In cases of entrusting the affairs relating to the operation of a construction accident investigation committee to a public institution under the Act on the Management of Public Institutions pursuant to Article 82 (2), the Minister of Land, Infrastructure and Transport may contribute or subsidize the expenses necessary for the execution of those affairs to the public institution.
(5) Matters necessary for the composition and operation of a construction accident investigation committee shall be prescribed by Presidential Decree.
CHAPTER VI ORGANIZATIONS AND MUTUAL AID COOPERATIVES OF CONSTRUCTION TECHNOLOGY SERVICE BUSINESS ENTITIES, ETC.
SECTION 1 Organizations of Construction Technology Service Business Entities, etc.
 Article 69 (Establishment of Association)
(1) Construction engineers or construction technology service business entities may establish an organization for construction engineers or an organization for construction technology service business entities, respectively, for the purpose of maintenance of dignity, improvement of welfare, development of construction technologies, etc.
(2) Both an organization for construction engineers and an organization for construction technology service business entities under paragraph (1) (hereafter referred to as “Association” in this Chapter) shall be a corporation.
(3) The Association shall be established at the time when it registers such establishment at the location of its main office.
 Article 70 (Authorization, etc. for Establishment of Association)
(1) To establish an Association, at least ten percent or 50 persons of the promoters who are qualified as members of the Association shall draft the articles of association and obtain authorization for establishment from the Minister of Land, Infrastructure and Transport after a resolution of a general meeting of promoters.
(2) Matters relating to the membership of the Association, tasks of the Association, etc. shall be provided by its articles of association, and other matters to be included in its articles of association shall be prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport shall, when granting authorization under paragraph (1), publicly announce the fact.
 Article 71 (Reporting, etc.)
The Minister of Land, Infrastructure and Transport may cause the Association to execute study and research on construction technology services, or make reports necessary for tasks of the Ministry of Land, Infrastructure and Transport.
 Article 72 (Guidance and Supervision, etc.)
The Minister of Land, Infrastructure and Transport may, if necessary for the purpose of supervision, have the Association make reports on matters related to its business, or may order it to submit materials, and also may have an official under his/her jurisdiction inspect its business.
 Article 73 (Application Mutatis Mutandis of Other Acts)
Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association.
SECTION 2 Mutual Aid Cooperatives
 Article 74 (Establishment, etc. of Mutual Aid Cooperative)
(1) A construction technology service business entity which performs construction project management (excluding cases of performing construction project management and designing at the same time pursuant to the proviso to Article 26 (2) of the Framework Act on the Construction Industry; hereafter the same shall apply in this Article) may, for the purpose of various guarantees, financing, etc. necessary for construction project management, establish an mutual aid cooperative with authorization from the Minister of Land, Infrastructure and Transport.
(2) The mutual aid cooperative shall be a juristic person and come into existence by making registration of incorporation at the seat of its principal office.
(3) Necessary matters concerning membership, officers, contribution, operation, etc. of a mutual aid cooperative shall be provided by its articles of association.
(4) Necessary matters concerning the standards and procedures for establishment authorization of the mutual aid cooperative, matters to be entered in its articles of association, supervision over the mutual aid cooperative, etc. shall be prescribed by Presidential Decree.
 Article 75 (Businesses of Mutual Aid Cooperative)
(1) The mutual aid cooperative shall conduct the following affairs:
1. Proving all kinds of guarantees for bids, contracts, advance payments, defect repair, etc. in relation to business conduction of its members;
2. Loaning funds to its members;
3. Mutual aid business to guarantee the liability for damages related to business conduction of its members, and mutual aid business to improve welfare of employees of its members and to compensate them for any loss suffered from any accident on duty;
4. Business relating to research and education with respect to the improvement and enhancement of construction technologies;
5. Establishment and operation of commonly used facilities for its members and business for improving the convenience and benefits of its members;
6. Arrangement of purchase by its members of apparatus and materials;
7. Profit-making business necessary for accomplishing its objectives;
8. Business provided by its articles of association, which are incidental to the businesses under subparagraphs 1 through 7.
(2) Where the mutual aid cooperative intends to provide guarantees under subparagraph 1 of paragraph (1) and mutual aid business under subparagraph 3 of the same paragraph, it shall prepare regulations on guarantee and regulations on mutual aid necessary for such businesses, and obtain authorization for them from the Minister of Land, Infrastructure and Transport.
(3) Matters to be included in regulations on guarantee and regulations on mutual aid under paragraph (2) shall be prescribed by Presidential Decree.
 Article 76 (Investigation, Inspection, etc.)
(1) The Minister of Land, Infrastructure and Transport may, if necessary for the maintenance, etc. of financial soundness of the mutual aid cooperative, have a public official under his/her jurisdiction investigate the status of business affairs or status of accounts, or inspect books or other documents.
(2) The Financial Services Commission may make investigation or inspection of mutual aid business under Article 75 (1) 3 in accordance with paragraph (1), as prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport shall determine and publicly notify the standards which are necessary for the guidance of and the supervision over the maintenance, etc. of the financial soundness required for guarantee business under Article 75 (1) 1.
(4) The Minister of Land, Infrastructure and Transport shall determine and publicly notify the standards for supervision so as to foster mutual aid business under of Article 75 (1) 3 in a sound manner and to protect subscribers.
 Article 77 (Guidance, Supervision, etc.)
The Minister of Land, Infrastructure and Transport may, if necessary for supervising the mutual aid cooperative, order it to make a report of matters relating to its businesses or submit materials.
 Article 78 (Application Mutatis Mutandis of Other Acts)
Except as provided in this Act, the provisions of the Civil Act governing incorporated associations and the Commercial Act governing accounts of stock companies shall apply mutatis mutandis to the mutual aid cooperative.
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 79 (fees)
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or by municipal ordinance: Provided, That a person who falls under subparagraph 1 may be exempted from fees, as prescribed by municipal ordinance:
1. A person who requests the Local Deliberation Committee to deliberate on construction technology;
2. A person who files an application for the designation of a new technology pursuant to Article 14 (1);
3. A person who files an application for the extension of the protection period of a new technology pursuant to Article 14 (3);
4. A person who files an application of factory certification pursuant to Article 58 (1).
 Article 80 (Corrective Orders)
The Minister of Land, Infrastructure and Transport may issue a corrective order for a fixed period of time, or provide other necessary instruction to any of the following constructors or registered housing constructors:
1. In cases of failing to comply with a duty to make a report under Article 48 (2);
2. In cases of failing to faithfully implement the quality management plan or the quality testing plan, or failing to faithfully perform the quality test or inspection under Article 55 (1) and (2);
3. In cases of failing to faithfully implement the safety management plan, or failing to faithfully perform safety inspection under Article 62 (1) and (2).
 Article 81 (Prohibition of Divulgence, etc. of Confidential Information)
No person who is engaged in performing construction project management service or in managing new technologies or construction technology introduced from overseas as well as construction engineers shall divulge or misappropriate confidential information known to him/her knowledge in the course of performing his/her duties.
 Article 82 (Delegation or Entrustment of Authority, etc.)
(1) The Minister of Land, Infrastructure and Transport may delegate part of the authority under this Act to the head of a central administrative agency, or entrust it to a Mayor/Do Governor or the head of an agency under the jurisdiction of the Ministry of Land, Infrastructure and Transport prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may entrust part of the functions under this Act to a public institution under the Act on the Management of Public Institutions, the Association, or any other institution or organization related to technology or facility safety, as prescribed by Presidential Decree.
 Article 83 (Hearings)
The Minister of Land, Infrastructure and Transport, or a Mayor/Do Governor shall, when intending to revoke designation or registration under this Act, hold a hearing.
 Article 84 (Legal Fiction as Public Official in Application of Penalty Provisions)
Any of the following persons shall be deemed a public official in application of Articles 129 through 132 of the Criminal Act: <Amended by Act No. 13324, May 18, 2015; Act No. 15112, Nov. 28, 2017>
1. A member who is not a public official, among the members of the Central Deliberation Committee, a local deliberation committee, or the Special Deliberation Committee;
2. A member who is not a public official, among the members of the consultative committee on technology under Article 6;
3. A construction engineer who performs services prescribed by Presidential Decree, among the services of construction project management under Article 39;
4. A member who is not a public official, among the members of a construction accident investigation committee under Article 68;
5. An executive officer or employee engages in the functions with which the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor entrusts an association, or any other institution or organization pursuant to Article 82 (2).
CHAPTER VIII PENALITY PROVISIONS
 Article 85 (Penalty Provisions)
(1) A person who, in violation of Article 26 (1), brings about the injury or death of another person by causing serious destruction or damage to the main structure of a bridge, tunnel, railroad, or other facilities prescribed by Presidential Decree during a defect liability period under Article 28 of the Framework Act on the Construction Industry shall be punished by life imprisonment, or imprisonment with labor for at least three years.
(2) A person who endangers other persons by committing the crime under paragraph (1) shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won.
 Article 86 (Penalty Provisions)
(1) A person who, by committing the crime under Article 85 (1) by professional negligence, brings about the injury or death of another person shall be punished by imprisonment with or without labor for not more than ten years or by a fine not exceeding 100 million won.
(2) A person who commits the crime under Article 85 (2) by professional negligence shall be punished by imprisonment with or without labor for not more than five years or by a fine not exceeding 50 million won.
 Article 87 (Penalty Provisions)
(1) A construction technology service business entity which, in conducting a feasibility study under Article 47 (1), causes damage to a contracting authority by making an incorrect demand forecast deliberately shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
(2) A construction technology service business entity which, in conducting a feasibility study under Article 47 (1), causes damage to a contracting authority by making an incorrect demand forecast by gross negligence shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won.
 Article 88 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 11920, Jul. 16, 2013; Act No. 12967, Jan. 6, 2015>
1. A person who conducts construction technology service without being registered under Article 26 (1);
2. A person who fails to comply with an order for reconstruction or suspension of construction or any other measure by a construction technology service business entity under Article 40 (1);
3. A construction technology service business entity who fails to conduct a structural review of any structure under Article 48 (5);
4. A constructor or registered housing constructor who fails either to establish and implement a quality management plan or a quality testing plan or to conduct quality testing and quality inspection, in accordance with Article 55 (1) and (2);
5. A person who supplies or uses any construction materials and members the quality of which is not assured, in violation of Article 57 (2);
6. A person who reuses any returned ready-mixed concrete without obtaining quality certification thereof, in violation of Article 57 (3);
7. A constructor or registered housing constructor who fails either to establish and implement a safety management plan or to conduct a safety inspection, in accordance with Article 62 (1) and (2);
8. A constructor or registered housing constructor who performs work for establishing a provisional structure without confirmation of a related expert under Article 62 (7);
9. A related expert who fails to faithfully perform the affairs of confirming the structural safety of a provisional structure in accordance with Article 62 (8), contributing to the collapse of the provisional structure in which people are killed or injured;
10. A person who divulges or uses without authorization any secret which has come to his/her knowledge in the course of performing his/her duties, in violation of Article 81.
 Article 89 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 12579, May 14, 2014; Act No. 13324, May 18, 2015>
1. A person who submits false utilization records of new technology under Article 14 (3);
2. A person who becomes a construction engineer by making a false report of the place of work and career, etc. when making a report or a modification report under Article 21 (1);
3. A person who violates Article 23 and falls under any of the following items:
(a) A person who has any other person conduct construction works or construction technology service business by using his/her name or who has lent his/her certificate of construction technology career;
(b) A person who conducts construction works or construction technology service business by using other person’s name, or who borrows any other person’s certificate of construction technology career;
(c) A person who arranges any act under item (a) or (b);
4. A person who refuses, obstructs, or evades inspection under Article 38 (3);
5. A person who refuses, obstructs, or evades the measurement of the degree of faultiness under Article 53 (1) or inspection at the construction site, etc. under Article 54 (1);
6. A person who refuses, obstructs, or evades investigation into a serious construction site accident conducted by the Minister of Land, Infrastructure and Transport, a contracting authority, an authorizing or permitting agency, or a construction accident investigation committee under Article 67 (3) and (5).
 Article 90 (Joint Penalty Provision)
(1) If the representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits a violation under Article 85 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine not exceeding one billion won: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
(2) If the representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits a violation under Article 86, 88, or 89 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
 Article 91 (Administrative Fine)
(1) Any of the following persons shall be punished by an administrative fine not exceeding 10 million won:
1. A person who fails to include quality management expenses under Article 56 (1) in the construction expenses or who spends quality management expense in violation of paragraph (2) of the same Article;
2. A person who fails to submit a comprehensive report under Article 62 (4) or submits a false comprehensive report;
3. A person who fails to include safety management expenses under Article 63 (1) in the construction expenses or who spends safety management expense in violation of paragraph (2) of the same Article;
4. A person who fails to include environmental management expenses under Article 66 (3) in the construction expenses or who spends environmental management expenses in violation of paragraph (4) of the same Article.
(2) Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 13324, May 18, 2015>
1. A construction engineer who fails to receive education and training under Article 20 (2) without good cause;
2. An employer who fails to bear expenses under Article 20 (3) or gives any construction engineer disadvantage by reason of such expenses-bearing;
3. A person who fails to submit materials under Article 21 (3) or submits false materials;
4. A construction engineer who fails to return the certificate of construction technology career in violation of Article 24 (4);
5. A person who fails to make a registration for modification under the main sentence of Article 26 (3) or makes a false report of modification;
6. A person who fails to report suspension or closure of his/her business pursuant to Article 26 (4);
7. A person who fails to report the transfer of business or the merger of corporations pursuant to Article 29 (1);
8. A person who is subject to an order for suspension of business under Article 31 (1) and (2) and, nevertheless, performs construction technology service during the period of suspension (excluding cases where a person performs construction technology service pursuant to Article 33);
9. A person who is awarded a contract by using its changed trade name during the period of suspension in violation of Article 31 (3);
10. A person who fails to notify the fact of having received a disposition of registration revocation and the content of the said disposition pursuant to the latter part of Article 33 (1) to the person awarding an contract for the relevant construction technology service;
11. A person who fails to report on the services under Article 38 (2) or to submit related materials;
12. A participant in a construction work (excluding a person awarding a contract) who fails to notify the contracting authority and an authorizing or permitting agency of the fact of the occurrence of a construction accident under Article 67 (1).
(3) Administrative fines under paragraphs (1) and (2) shall be collected by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Management of Performance Records of Construction Technology Service)
The amended provisions of Article 30 (1) shall apply beginning with the construction technology service for which public notice of a bid is first given after this Act enters into force.
Article 3 (Applicability to Approval of Subcontracts from Contracting Authority)
The amended provisions of Article 35 (4) shall apply beginning with the construction technology service for which public notice for a bid is first given after this Act enters into force.
Article 4 (Applicability to Calculation Standards for Construction Technology Service Expenses)
The calculation standards for construction technology service expenses publicly noticed pursuant to the amended provisions of Article 37 (2) shall apply beginning with the construction technology service for which public notice of a bid is first given after this Act enters into force.
Article 5 (Applicability to Execution of Construction Project Management, etc.)
The amended provisions of Article 39 (2) shall apply beginning with the case where a contracting authority first places an order for a construction work after this Act enters into force.
Article 6 (Applicability to Revocation, etc. of factory Certification)
The amended provisions of the proviso to the part other than the subparagraphs of Article 59 (1) shall apply beginning with the steel structure factory which is first granted factory certification after this Act enters into force.
Article 7 (General Transitional Measures concerning Dispositions, etc.)
Any disposition procedure proceeded or other acts done by or against any administrative agency pursuant to the previous provisions before this Act enters into force shall be deemed a disposition procedure proceeded or other acts done by or against the administrative agency pursuant to this Act.
Article 8 (Transitional Measures concerning Master Plans for Advancement of Construction Technology)
The master plans for advancement of construction technology which are formulated pursuant to the previous provisions at the time this Act enters into force shall be deemed the master plan for advancement of construction technology under the amended provisions of Article 3 (1).
Article 9 (Transitional Measures concerning the Consultative Committee on Design)
The consultative committee on design under the previous provisions at the time this Act enters into force shall be deemed the consultative committee on technology under the amended provisions of Article 6 (1).
Article 10 (Transitional Measure concerning New Technology)
Any new technology publicly announced pursuant to the previous provisions at the time this Act enters into force shall be deemed a new technology designated and publicly announced as a new technology pursuant to the amended provisions of Article 14 (1). In such cases, the previous provisions shall apply to the protection period, royalties, etc. of the relative new technology.
Article 11 (Transitional Measures concerning Report of Construction Engineer and Certificate of Construction Technology Career)
(1) A supervisor who makes a report as a construction engineer or a quality manager or belongs to a specialized supervisory company pursuant to the previous provisions at the time this Act enters into force shall be deemed to make a report as a construction engineer pursuant to the amended provisions of Article 21 (1).
(2) A certificate of construction technology career or a certificate of supervisor issued pursuant to the previous provisions at the time this Act enters into force shall be deemed a certificate of construction technology career issued pursuant to the amended provisions of Article 21 (2).
Article 12 (Transitional Measures concerning Disposition of Suspension of Business against Construction Engineer, etc.)
The previous provisions shall apply to suspension of business against a construction engineer, a supervisor and a quality manager for any act of violation committed before this Act enters into force.
Article 13 (Transitional Measures concerning Registration of Construction Technology Service Business Entity)
(1) A service business entity specializing in design service, etc., a specialized supervisory company and a specialized quality testing institution under the previous provisions at the time this Act enters into force shall be deemed a construction technology service business entity under the amended provisions of Article 26 (1). In such cases, they shall make a report to a Mayor/Do Governor within one year after this Act enters into force, as prescribed by Presidential Decree.
(2) Surveying business entities and waterway business entities registered under the former Act on Land Survey, Waterway Survey and Cadastral Records as at the time this Act enters into force shall be deemed construction technology service business entities. In such cases, the scope of work shall be limited to the areas registered in accordance with the Act on Land Survey, Waterway Survey and Cadastral Records, and shall be reported to a Mayor/Do Governor, as prescribed by Presidential Decree by no later than June 30, 2016. <Newly Inserted by Act No. 13430, Jul. 24, 2015>
(3) A Mayor/Do Governor receiving a report pursuant to the latter part of paragraphs (1) and (2) shall issue the relevant certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 13430, Jul. 24, 2015>
Article 14 (Transitional Measures concerning Disposition of Revocation of Registration, etc. against Technology Construction Service Business Entity)
The previous provisions shall apply to the disposition, such as revocation of registration, suspension of business, imposition of a penalty surcharge, attributable to any act of violation committed before this Act enters into force.
Article 15 (Transitional Measures concerning Incompetent under Adult Guardianship)
An incompetent under guardianship under the amended provisions subparagraph 1 of Article 27 and subparagraph 1 of Article 39 (5) shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency continues to be valid under Article 2 of the Addenda of the Civil Act (Act No. 10429).
Article 16 (Transitional Measures concerning Purchase of Insurance or Subscription to Mutual Aid)
A person who purchase any insurance or subscribe to a mutual aid under the previous provisions at the time this Act enters into force shall be deemed to purchase the insurance or subscribe to the mutual aid under the amended provisions of Article 34 (2).
Article 17 (Transitional Measures concerning Remuneration for Construction Technology Service)
The remuneration standards for construction project management and supervision publicly notified by the Minister of Land, Infrastructure and Transport pursuant to the previous provisions at the time this Act enters into force shall be deemed as the calculation standards for construction technology service expenses under the amended provisions of Article 37 (2).
Article 18 (Transitional Measures concerning Execution of Construction Project Management)
(1) A person who performs design supervision, inspection supervision, execution supervision, general responsibility supervision or construction project management for which a contracting authority places an order pursuant to the previous provisions at the time this Act enters into force shall be deemed to perform such service as part of construction project management under the amended provisions of Article 39.
(2) A person who is not a construction technology service business entity and is entrusted with construction project management pursuant to the previous provisions at the time this Act enters into force shall be deemed a construction technology service business entity under the amended provisions of Article 26 (1) until that construction project management is completed.
Article 19 (Transitional Measures concerning Order for Suspension of Construction During Construction Project Management)
An order for reconstruction or suspension of construction, etc. which is given by a supervisor pursuant to the previous provisions at the time this Act enters into force shall be deemed an order for reconstruction or suspension of construction, etc. which is given by a construction technology service business entity pursuant to the amended provisions of Article 40 (1).
Article 20 (Transitional Measures concerning General Manager of Installation Work)
A general manager who is designated by a contracting authority pursuant to the previous provisions at the time this Act enters into force shall be deemed a general manager selected pursuant to the amended provisions of Article 41 (1).
Article 21 (Transitional Measures concerning Evaluations, etc. of Services and Execution of Constructions)
(1) An evaluation of any construction technology service project or construction work that is conducted by a contracting authority pursuant to the previous provisions at the time this Act enters into force shall be deemed an evaluation conducted pursuant to the amended provisions of Article 51 (1).
(2) An excellent business entity and an excellent supervisor designated by a contracting authority pursuant to the previous provisions at the time this Act enters into force shall be deemed an excellent construction technology service business entity, an excellent constructor, and an excellent construction engineer selected by the Minister of Land, Infrastructure and Transport pursuant to the amended provisions of Art 51 (1), respectively.
Article 22 (Transitional Measures concerning Organization of Construction Technology Service Entity, etc.)
The Construction Supervision Association and the Construction Engineers Association established pursuant to the previous provisions at the time this Act enters into force shall be deemed organizations established under the amended provisions of Article 69 (1) and (2), respectively.
Article 23 (Transitional Measures concerning Mutual Aid Business Conducted by the Construction Supervision Association)
(1) The Construction Supervision Association under the previous provisions at the time this Act enters into force shall be deemed the mutual aid cooperative under the amended provisions of Article 74 (1) until the establishment of the mutual aid cooperative under the amended provisions of Article 74 (1). In such cases, the Construction Supervision Association shall, within six months after this Act enters into force, establish a new organization through corporate separation and obtain authorization for that organization as a mutual aid cooperative from the Minister of Land, Infrastructure and Transport.
(2) All the property and duties related to mutual aid business conducted by the Construction Supervision Association pursuant to the previous provisions and paragraph (1) at the time this Act enters into force shall be succeeded to the mutual aid cooperative established under the amended provisions of Article 74 (1).
(3) Any acts done toward or by the Construction Supervision Association with respect to mutual aid business of the Association before the mutual aid cooperative is established pursuant to the latter part of paragraph (1) shall be deemed acts done toward or by the mutual aid cooperative under this Act.
(4) The members who invest in the Construction Supervision Association with respect to mutual aid business before the mutual aid cooperative is established pursuant to the latter part of paragraph (1) shall be deemed the members who invest in the mutual aid cooperative established pursuant to the amended provisions of Article 74 (1).
(5) The membership fees and investment money paid to the Construction Supervision Association with respect to mutual aid business before the mutual aid cooperative is established pursuant to the latter part of paragraph (1) shall be deemed to be invested pursuant to the amended provisions of Article 74 (1).
Article 24 (Transitional Measures concerning Administrative Disposition and Administrative Fee)
In cases of applying any administrative disposition or administrative fee to acts committed before this Act enters into force, the previous provisions shall apply.
Article 25 Omitted.
Article 26 (Relationship to Other Statues)
The reference in other statutes to the Construction Technology Management Act or any provisions thereof at the time this Act enters into force shall be deemed the reference to this Act or the provisions thereof instead of the previous Construction Technology Management Act or the provisions thereof.
ADDENDA <Act No. 11920, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 47, 57, and 88 and the Addenda of the Construction Technology Management Act (Act No. 11794) shall enter into force on May 23, 2014.
Article 2 (Applicability to Preservation, etc. of Materials for Feasibility Study)
The amended provisions of Article 20-3 shall apply beginning with the case where a contract for services including designing is first concluded after this Act enters into force.
Article 3 (Applicability to Quality Assurance of Construction Materials and Members)
The amended provisions of Article 24-2 shall apply beginning with the case where construction materials and members are first supplied or used after this Act enters into force.
Articles 4 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12542, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 3 of Addenda shall enter into force on May 23, 2014.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12579, May 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on May 23, 2014.
Article 2 (Transitional Measures concerning Penality Provisions)
In cases of applying the penalty provisions to acts committed before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 12967, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Structural Safety Review, etc. of Provisional Structure)
The amended provisions of Articles 48 (5) and 62 (7) shall apply beginning from the design service for which public notice of a bid is first given after this Act enters into force and the construction work performed according to such design.
ADDENDUM <Act No. 13324, May 18, 2015>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 13430, Jul. 24, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 10 and 11 of Article 2 of the Construction Technology Promotion Act (Act No. 13324) shall enter into force on May 19, 2016.
ADDENDA <Act No. 13671, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 27 shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Utilization of New Technologies)
The amended provisions of Article 14 (5) and (6) shall apply beginning from the first construction work for which a contracting authority awards a contract after this Act enters into force.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 14848, Aug. 9, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15112, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.