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ENFORCEMENT DECREE OF THE CONSTRUCTION MACHINERY MANAGEMENT ACT

Wholly Amended by Presidential Decree No. 14063, Dec. 31, 1993

Amended by Presidential Decree No. 14063, jun. 30, 1994

Presidential Decree No. 14447, Dec. 23, 1994

Presidential Decree No. 15598, Dec. 31, 1997

Presidential Decree No. 16183, Mar. 12, 1999

Presidential Decree No. 16552, Sep. 9, 1999

Presidential Decree No. 16872, jun. 27, 2000

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18594, Dec. 3, 2004

Presidential Decree No. 19507, jun. 12, 2006

Presidential Decree No. 20171, Jul. 18, 2007

Presidential Decree No. 20176, Jul. 18, 2007

Presidential Decree No. 20361, Nov. 5, 2007

Presidential Decree No. 20506, Dec. 31, 2007

Presidential Decree No. 20722, Feb. 29, 2008

Presidential Decree No. 21263, Jan. 14, 2009

Presidential Decree No. 21562, jun. 25, 2009

Presidential Decree No. 21668, Aug. 5, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22172, May 27, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 23743, Apr. 20, 2012

Presidential Decree No. 24389, Feb. 20, 2013

Presidential Decree No. 24443, Mar. 23, 2013

Presidential Decree No. 25524, Jul. 28, 2014

Presidential Decree No. 26028, Jan. 6, 2015

Presidential Decree No. 26844, Dec. 31, 2015

Presidential Decree No. 27299, jun. 30, 2016

Presidential Decree No. 27356, Jul. 19, 2016

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28138, jun. 20, 2017

Presidential Decree No. 28585, Jan. 16, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Construction Machinery Management Act and matters necessary for the enforcement of the said Act. <Amended by Presidential Decree No. 20176, Jul. 18, 2007>
 Article 2 (Scope of Construction Machinery)
Construction Machinery defined under Article 2 (1) 1 of the Construction Machinery Management Act (hereinafter referred to as the "Act"), shall be as stated in attached Table 1. <Amended by Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20176, Jul. 18, 2007>
 Article 3 (Application, etc., for Registration)
(1) Each owner of construction machinery who intends to register his/her construction machinery under Article 3 (1) of the Act, shall submit an application (including an application in electronic format) for registration of construction machinery to Metropolitan Autonomous City Mayor, a Metropolitan City Mayor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the address of the owner of the construction machinery or over the place of use of the construction machinery; appending the following documents (including electronic documents). In such cases, a Mayor/Do Governor shall verify the certified copy of construction machinery register (limited to cases of construction machinery, registration of which has been cancelled) through administrative data matching under Article 36 (1) of the Electronic Government Act, and, if other appended documents can also be verified through administrative data matching, he/she shall verify them thereby in lieu of the confirmation of appended documents; and where any applicant fails to consent to such verification, he/she shall require the applicant to append the documents: <Amended by Presidential Decree No. 16183, Mar. 12, 1999; Presidential Decree No. 16872, Jun. 27, 2000; Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 19507, Jun. 12, 2006; Presidential Decree No. 20171, Jul. 18, 2007; Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22172, May 27, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 24389, Feb. 20, 2013; Presidential Decree No. 27299, Jun. 30, 2016>
1. Any of the following documents evidencing the source of the construction machinery: Provided, That if the relevant document is lost, a document certifying the fact of issuance (limited to the document issued by the original issuance) may be replaced:
(a) Construction machinery manufacture certificate (limited to domestically manufactured construction machinery);
(b) Import license or other documents evidencing the importation (limited to imported construction machinery);
(c) Deleted; <by Presidential Decree No. 19507, Jun. 12, 2006>
(d) Purchase certificate (limited to construction machinery purchased from government agencies);
2. A document evidencing the applicant is the owner of construction machinery: Provided, That where a document specified in subparagraph 1 can evidence the ownership of the construction machinery, such document may be used in lieu thereof;
3. Construction machinery dimension table;
4. Any document proving the presence of insurance coverage or mutual-aid coverage under Article 5 of the Compulsory Motor Vehicle Liability Security Act (limited to construction machinery under Article 2 of the Enforcement Decree of the Compulsory Motor Vehicle Liability Security Act, but excluding construction machinery on sale reported to the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) under Article 25 (2) of the Act).
(2) Any application for registration of construction machinery under paragraph (1) shall be filed within two months from the purchase date of the construction machinery (referring to the date of sale, if the construction machinery was imported for sale): Provided, That in cases of war, civil disturbance, or other comparable national emergencies, such application shall be filed within five days.
(3) Upon receipt of an application for registration of construction machinery filed under paragraph (1), a Mayor/Do Governor shall verify the details of the application and the findings of inspection for initial registration (where a verification inspection was received under Article 19 (1) or (2) of the Act, referring to the findings thereof), state such details in the construction machinery register and construction machinery registration certificate, and promptly issue a construction machinery registration certificate to the owner of the construction machinery. <Amended by Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20176, Jul. 18, 2007>
(4) A Mayor/Do Governor shall process the registration and management of construction machinery using the computerized information processing system referred to in Article 39-2 (1) of the Act, operated by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "computerized information processing system"): Provided, That where it is impossible to process such affairs using a computerized information processing system due to extenuating circumstances, such as where the computing equipment or computing programs is not installed or where any malfunction of computing equipment occurs, they can be processed manually on a temporary basis. <Newly Inserted by Presidential Decree No. 20716, Jul. 18, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24389, Feb. 20, 2013; Presidential Decree No. 24443, Mar. 23, 2013>
(5) Where the affairs related to registration has been processed manually under the proviso to paragraph (4), a Mayor/Do Governor shall input them into a computerized information processing system without delay, when such system becomes available for use, and manage them accordingly. <Newly Inserted by Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 24389, Feb. 20, 2013>
 Article 3-2 (Establishment, etc., of Supply and Demand Plan for Construction Machinery)
(1) The Minister of Land, Infrastructure and Transport shall formulate a supply and demand plan for construction machinery referred to in Article 3-2 of the Act (hereinafter referred to as “supply and demand plan for construction machinery”) every five years, following deliberation by the Supply and Demand Adjustment Committee under Article 3-3 of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) "Other matters ---<Omitted>--- prescribed by Presidential Decree" in Article 3-2 (1) 4 of the Act means the following:
1. Trends of manufacture and sale of construction machinery;
2. Matters concerning rental rates, operating and maintenance costs, etc., of construction machinery;
3. Matters concerning demand forecasts of construction machinery by type, capacity, and region.
(3) The Minister of Land, Infrastructure and Transport may request any Mayor/Do Governor and related organizations to provide information necessary for the establishment of a supply and demand plan for construction machinery. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(4) Where necessary due to natural disaster, etc., the Minister of Land, Infrastructure and Transport may modify a supply and demand plan for construction machinery following deliberation by the Supply and Demand Adjustment Committee referred to in Article 3-3 of the Act: Provided, That the same shall not apply to any amendment to minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb.29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 20176, Jul. 18, 2007]
 Article 3-3 (Restrictions on Registration, etc., of Construction Machinery Used for Business)
(1) “Registration of construction machinery used for business” in the main sentence of Article 3-2 (1) of the Act, means registration of construction machinery owned by a construction machinery rental business entity for lease. <Amended by Presidential Decree No. 24389, Feb. 20, 2013>
(2) Where a Mayor/Do Governor is notified of restriction on registration under Article 3-2 (2) of the Act, he/she shall prohibit the registration of construction machinery used for business during the restriction period of registration: Provided, That the same shall not apply to the registration of construction machinery during the restriction period to replace the construction machinery, deregistered under Article 6 (1) 6 through 9 of the Act (limited to construction machinery of the same kind, to be deregistered). <Amended by Presidential Decree No. 22172, May 27, 2010; Presidential Decree No. 28585, Jan. 16, 2018>
(3) The Minister of Land, Infrastructure and Transport may lift the restriction on registration prior to the end of the restriction period of registration following deliberation by the Committee for Coordination of Supply and Demand of Construction Machinery established under Article 3-3 of the Act, where necessary due to a steep increase in demand for construction machinery resulting from a natural disaster, etc. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 20176, Jul. 18, 2007]
 Article 3-4 (Functions, Composition, etc., of Committee for Coordination of Supply and Demand of Construction Machinery)
(1) The Committee for Coordination of Supply and Demand of Construction Machinery in Article 3-3 of the Act (hereinafter referred to as the “Supply and Demand Coordination Committee”) shall deliberate on the following: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. Matters concerning the establishment of a supply and demand plan for construction machinery;
2. Matters concerning the selection of construction machinery subject to coordination of supply and demand;
3. Matters concerning the restriction period of registration of construction machinery used for business;
4. Matters concerning the date of public notification on restriction on registration of construction machinery used for business;
5. Other matters related to the coordination of supply and demand, which are submitted by the chairperson.
(2) Members of the Supply and Demand Coordination Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24389, Feb. 20, 2013; Presidential Decree No. 24443, Mar. 23, 2013>
1. Public officials in general service belonging to the Senior Civil Service Corps of the Ministry of Land, Infrastructure and the Ministry of Trade, Industry and Energy;
2. Public officials of at least Grade III belonging to a Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do");
3. Executive officers of construction machinery-related business organizations;
4. Experts in the field of construction machinery.
(3) The term of office of an non-public official member shall be two years, and may be renewed.
[This Article Newly Inserted by Presidential Decree No. 20176, Jul. 18, 2007]
 Article 3-5 (Operation, etc., of Supply and Demand Coordination Committee)
(1) The chairperson shall represent the Supply and Demand Coordination Committee and shall exercise overall control over its affairs.
(2) Where the chairperson is unable to perform any of his/her duties due to extenuating circumstances, a member pre-designated by the chairperson shall act on his/her behalf.
(3) The chairperson shall convene and preside over the meetings of the Supply and Demand Coordination Committee.
(4) Meetings of the Supply and Demand Coordination Committee shall open with the attendance of a majority of all incumbent members and resolutions shall be passed with the consent of a majority of those present.
(5) In order to manage the affairs of the Supply and Demand Coordination Committee, one secretary shall be appointed by the Minister of Land, Infrastructure and Transport from among the public officials belonging to the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(6) Members who attend a Committee meeting may be paid allowances and reimbursed travel expenses, within budgetary limits: Provided, That the same shall not apply where a public official member attends a meeting in direct connection with his/her duties.
(7) If deemed necessary, the Committee may request related institutions, organizations, etc., to provide necessary cooperation, such as the provision of information or opinions.
(8) Except as otherwise expressly prescribed in this Decree, matters necessary for the operation of the Supply and Demand Coordination Committee shall be determined by the chairperson following resolution by the Supply and Demand Coordination Committee.
[This Article Newly Inserted by Presidential Decree No. 20176, Jul. 18, 2007]
 Article 3-6 (Dismissal, etc., of Members)
Where a member of the Supply and Demand Coordination Committee referred to in Article 3-4 (2), falls under any of the following cases, the Minister of Land, Infrastructure and Transport may remove or dismiss him/her from office:
1. Where he/she becomes unable to perform his/her duties due to mental disorder;
2. Where he/she commits any irregularity in connection with his/her duties;
3. Where he/she is deemed unsuitable as a member due to neglect of duties, loss of dignity, or other ground;
4. Where he/she states that it is difficult for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
 Article 4 Deleted. <by Presidential Decree No. 16872, Jun. 27, 2000>
 Article 5 (Report on Changes in Registered Matters)
(1) Pursuant to Article 5 of the Act, where there is any change in a registered matter of construction machinery (except any change in the address or place of use thereof under Article 6), the owner of the construction machinery shall submit a report on changes in construction machinery registration (including a report in electronic form) to the Mayor/Do Governor who registered such machinery pursuant to Article 3, within 30 days from the date of such change (in cases of inheritance, three months from the commencement date of inheritance), accompanied by the following documents (including electronic documents): Provided, That in cases of war, civil disturbance, or other comparable national emergency, the report on change shall be made within five days: <Amended by Presidential Decree No. 16183, Mar. 12, 1999; Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 28585, Jan. 16, 2018>
1. Documents evidencing the matters changed;
2. Construction machinery registration certificate (excluding cases where the address or the place of use of the owner of the construction machinery for private use is changed);
3. Construction machinery inspection certificate (excluding cases where the address or the place of use of the owner of the construction machinery for private use is changed).
(2) Notwithstanding paragraph (1), where the name or address of the owner of construction machinery is changed (limited to where the change is made within the same City/Do) and the same owner has filed any of the following reports, he/she shall be deemed to have made a report on any change in the registrated matters regarding construction machinery pursuant to paragraph (1). In such cases, the owner of the construction machinery may file an application for the issuance of a construction machinery registration certificate and a construction machinery inspection certificate with the Mayor/Do Governor: <Newly Inserted by Presidential Decree No. 26028, Jan. 6, 2015; Presidential Decree No. 28585, Jan. 16, 2018>
1. A corrective report under Article 13 of the Resident Registration Act;
3. A relocation report under Article under Article 36 (1) of the Immigration Act;
4. A report on the change of the place of residence under Article 6 (2) of the Act on the Immigration and Legal Status of Overseas Koreans.
(3) Upon receipt of a report under paragraph (1) (including cases where any change in the registered matters are deemed reported pursuant to paragraph (2)), a Mayor/Do Governor shall enter the changed matters in the construction machinery register, the construction machinery registration certificate, and the construction machinery inspection certificate, issue the construction machinery registration certificate and the construction machinery inspection certificate to the owner of construction machinery, and notify the details thereof to the inspection agent under Article 14 (3) of the Act (hereinafter referred to as "inspection agent”). <Amended by Presidential Decree No. 16872, Jun. 27, 2000; Presidential Decree No. 26028, Jan. 6, 2015; Presidential Decree No. 28585, Jan. 16, 2018>
 Article 5-2 (Sellers’ Report on Changes in Registered Matters)
(1) A seller of construction machinery who intends to report any change in registered matters under Article 5 (3) of the Act, shall submit a report on the change of registered matters to the Mayor/Do Governor whom registered such machinery pursuant to Article 3 of the Act, accompanied by documents proving the sale.
(2) A Mayor/Do Governor, in receipt of a report under paragraph (1), shall promptly notify the seller to report the change in registered matters within a period of between seven and fifteen days.
(3) When the buyer fails to file an appeal during the period prescribed in paragraph (2) or to report any change in the registered matters, a Mayor/Do Governor shall enter the change reported by the seller in the construction machinery register and notify it to the seller and buyer, respectively.
[This Article Newly Inserted by Presidential Decree No. 16552, Sep 9, 1999]
 Article 6 (Transfer of Registration)
(1) Where the registered address or the place of use registered under Article 3 (1) has been changed (limited to a change in different Cities/Dos), an owner of construction machinery shall submit a report on the transfer of registration of construction machinery to the Mayor/Do Governor having jurisdiction over the new place of registration, within 30 days from the date of the change (in cases of inheritance, three months from the commencement date of the inheritance), accompanied by documents evidencing the change of address or the place of use of construction machinery, construction machinery registration certificate, and construction machinery inspection certificate: Provided, That where the address of an owner of construction machinery has changed and the same owner has filed any of the following reports, a document evidencing the change of address need not be submitted: <Amended by Presidential Decree No. 16183, Mar. 12, 1999; Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 24389, Feb. 20, 2013; Presidential Decree No. 26028, Jan. 6, 2015>
1. A corrective report under Article 13 of the Resident Registration Act;
3. A relocation report under Article under Article 36 (1) of the Immigration Act;
4. A report on the change of the place of residence under Article 6 (2) of the Act on the Immigration and Legal Status of Overseas Koreans.
(2) Upon receipt of a report under paragraph (1), a Mayor/Do Governor shall verify the construction machinery register and the inspection register, enter the details of the transfer of registration, issue a construction machinery inspection certificate and a newly prepared construction machinery registration certificate, to the person who has filed the report and promptly notify such details to the inspection agent and interested persons entered in the construction machinery register (including notice in electronic format, if the inspection agent and the interested persons entered in the construction machinery register so wish). <Amended by Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20506, Dec. 31, 2007>
(3) Where falling under paragraph (2), a Mayor/Do Governor shall, in issuing a construction machinery registration certificate, notify the person who has filed the report to replace the registration number plate of construction machinery, and notify the details thereof to a person involved in business of manufacturing registration number plates thereto and inscribing registration numbers under Article 8-2 of the Act (hereafter in this Article referred to as "manufacturer of registration number plates”). <Amended by Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 16872, Jun. 27, 2000>
(4) A person who has filed a report and is notified under paragraph (3) shall be issued a registration number plate from the registration number plate manufacturer, and attach and seal it without delay. <Amended by Presidential Decree No. 16872, Jun. 27, 2000>
 Article 7 Deleted. <Presidential Decree No. 16183, Mar. 12, 1999>
 Article 8 (Correction of Registration)
When a Mayor/Do Governor finds any error or omission in registration after the registration is completed under Articles 3 and 5 of the Act, he/she shall rectify the registration by additional entry and promptly notify the purport thereof to the right holder of the registration and the registration agent of the construction machinery. <Amended by Presidential Decree No. 28585, Jan. 16, 2018>
 Article 9 (Preparation and Management of Construction Machinery Register)
(1) A construction machinery register in Article 7 (1) of the Act shall be prepared for each piece of construction machinery. <Amended by Presidential Decree No. 20176, Jul. 18, 2007>
(2) In addition to the construction machinery in paragraph (1), a Mayor/Do Governor shall prepare and manage a register of receipt of applications for construction machinery registration, a list of construction machinery register, folio of applications for construction machinery registration, and register of issued construction machinery registration certificates, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) A register of receipt of applications for registration of construction machinery, list of construction machinery register, folio of applications for construction machinery registration, and register of issued construction machinery registration certificates in paragraph (2), shall be prepared and managed using a computerized information processing system, expect in extenuating circumstances making electronic processing impractical. <Amended by Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 24389, Feb. 20, 2013>
 Article 9-2 (Standards for Administrative Disposition for Manufacturers of Registration Number Plates)
The standards for the revocation of designation of manufacturers of registration number plates or for disposition of business suspension under Article 8-2 (5) of the Act shall be as listed in attached Table 1-2.
[This Article Newly Inserted by Presidential Decree No. 27356, Jul. 19, 2016]
 Article 10 (Return of Registration Number Plates)
“Where any matter prescribed by Presidential Decree ---<Omitted>--- has been changed" in subparagraph 2 of Article 9 of the Act, means any of following changes: <Amended by Presidential Decree No. 22172, May 27, 2010; Presidential Decree No. 24389, Feb. 20, 2013>
1. Change to the owner’ address or place of use of the registered construction machinery (limited to a change to a different City/Do);
2. Change in the registration number.
[Wholly Amended Presidential Decree No. 16872, Jun. 27, 2000]
 Article 10-2 (Structure and System of Construction Machinery)
(1) The structure of construction machinery required to comply with the construction machinery safety standards in Article 12 (1) of the Act, shall be as follows:
1. Length, width, and height;
2. Ground clearance;
3. Gross weight;
4. Weight distribution;
5. Maximum safety inclination;
6. Minimum turning radius;
7. Contact part and contact pressure.
(2) The system of construction machinery required to comply with construction machinery safety standards in Article 12 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Engine (power generation system) and transmission;
2. Driving system;
3. Control system;
4. Steering system;
5. Braking system;
6. Suspension system;
7. Fuel system, maximum speed restriction system, and other electrical and electronic systems;
8. Body frame and chassis;
9. Connecting system and torque system;
10. Riding system and cargo loading system;
11. Window glass;
12. Noise prevention system;
13. Exhaust gas emission system;
14. Headlight, number plate light, taillight, brake light, side light, reverse light, and other lighting system;
15. Horn and alarm system;
16. Turn signals and other indication system;
17. Rear-view mirror, window-shield wiper, and other visibility system;
18. Speedometer, odometer, tachometer, and other measuring instruments;
19. Fire extinguisher and fire prevention system;
20. Anti-pressure container and accessories thereof;
21. Other systems required for the safe operation and use of construction machinery, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 21562, Jun. 25, 2009]
 Article 11 (Construction Machinery Subject to Form-Report)
“Construction machinery prescribed by Presidential Decree" in the proviso to Article 18 (2) of the Act, means any of the following construction machinery: <Amended by Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20361, Nov. 5, 2007; Presidential Decree No. 22172, May 27, 2010; Presidential Decree No. 26028, Jan. 6, 2015>
1. Bulldozers;
2. Excavators (limited to caterpillar type);
3. Loaders (limited to caterpillar type);
4. Forklift trucks;
5. Scrapers;
6. Cranes (limited to caterpillar type);
7. Rollers;
8. Road stabilizers;
9. Concrete batching plants;
10. Concrete finishers;
11. Concrete spreaders;
12. Asphalt mixing plants;
13. Asphalt finishers;
14. Aggregate spreaders;
15. Stone crushers;
16. Air compressors;
17. Boring machines (limited to caterpillar type);
18. Pile drivers and pile extractors;
19. Gravel digging equipment;
20. Dredging vessels;
21. Specialized construction machinery;
22. Tower cranes.
[This Article Wholly Amended by Presidential Decree No. 16552, Sep. 9, 1999]
 Article 12 (Verification Inspection of Construction Machinery)
(1) A verification inspection in Article 19 (1) or (2) of the Act shall be conducted for one piece of construction machinery in the relevant form manufactured, assembled, or imported for the first time. <Amended by Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20176, Jul. 18, 2007>
(2) Any person who intends to undergo a verification inspection in paragraph (1) shall submit an application for verification inspection of the form of construction machinery, to the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(3) Upon receipt of an application in paragraph (2), the Minister of Land, Infrastructure and Transport shall inspect whether the relevant construction machine has been approved or approved for change under Article 18 (2) or (3) of the Act, or whether it conforms to the form reported under Article 18 (4) of the Act. <Amended by Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(4) The Minister of Land, Infrastructure and Transport shall notify the findings of the verification inspection conducted under paragraph (3) to the applicant, and where the construction machine is deemed to conform to the type, he/she shall notify such fact to both the Mayor/Do Governor and the inspection agent. <Amended by Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 12-2 (Investigation of Manufacturing Defects)
Where the Minister of Land, Infrastructure and Transport intends to ascertain whether construction machinery manufactured, assembled, or imported (hereinafter referred to as "manufactured, etc.") has any defects, he/she may require the corporations or organizations referred to in Article 38 (2) of the Act, to conduct any of the following inspections: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Whether it complies with to the construction machinery safety standards in Article 12 (1) of the Act;
2. Whether the defect effects the safe operation or safety of work;
3. Whether the construction machinery is being manufactured, etc., in the same manner as found in the verification inspection conducted under Article 12 (3);
4. Matters similar to those prescribed in subparagraphs 1 through 3, which are prescribed by Ordinance of the Ministry of Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 24389, Feb. 20, 2013]
 Article 13 (Registration, etc., of Construction Machinery Rental Business)
(1) Any person who intends to register his/her construction machinery rental business pursuant to Article 21 of the Act (including where construction machinery is rented accompanied by the construction machinery operator, and where construction machinery is rented bearing the operation cost of construction machinery) shall submit to the head of a Si/Gun/Gu, an application for registration of construction machinery rental business, accompanied by documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24389, Feb. 20, 2013; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Registration of construction machinery rental business in paragraph (1) shall be conducted as follows: <Amended by Presidential Decree No. 16183, Mar. 12, 1999; Presidential Decree No. 20176, Jul. 18, 2007>
1. General construction machinery rental business: Business run with at least five pieces of construction machinery (including where at least two individuals or corporations operate such business jointly);
2. Individual construction machinery rental business: Business run with less than four pieces of construction machinery by one individual or corporation.
(3) Where falling under paragraph (1), if at least two individuals or corporations intend to run construction machinery rental business jointly, an application for registration shall be submitted in the name of the representative thereof, and each participant shall affix his/her signature and seal on the application jointly. <Amended by Presidential Decree No. 20176, Jul. 18, 2007>
(4) Where falling under paragraph (3), each participant shall draft a contract concerning his/her rights and obligations pertaining to operation of the business as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall append it to the application for registration. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 14 (Registration, etc., of Construction Machinery Maintenance Business)
(1) Any person who intends to register his/her construction machinery maintenance business pursuant to Article 21 of the Act, shall submit an application for registration of construction machinery maintenance business to the head of Si/Gun/Gu, accompanied by documents prescribed by Ordinance of the Ministry Land, Infrastructure and Transport. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 16552, Sep 9, 1999; Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24389, Feb. 20, 2013; Presidential Decree No. 24443, Mar. 23, 2013>
(2) The registration of construction machinery maintenance business under paragraph (1) shall be conducted as follows, and the scope of business by category shall be as specified in attached Table 2: <Amended by Presidential Decree No. 20176, Jul. 18, 2007>
1. General construction machinery maintenance business;
2. Partial-construction machinery maintenance business;
3. Specialized construction machinery maintenance business.
 Article 15 (Registration, etc., of Construction Machinery Sales Business)
Any person who intends to register his/her construction machinery sales business pursuant to Article 21 of the Act, shall submit an application for registration of construction machinery sales business to the head of a Si/Gun/Gu, accompanied by documents prescribed by Ordinance of the Ministry Land, Infrastructure and Transport. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 16552, Sep. 9, 1999; Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24389, Feb. 20, 2013; Presidential Decree No. 24443, Mar. 23, 2013>
 Article 15-2 (Registration, etc., of Construction Machinery Dismantling and Recycling Business)
Any person who intends to register his/her construction machinery dismantling and recycling business pursuant to Article 21 of the Act, shall submit an application for registration of construction machinery dismantling and recycling business to the head of a Si/Gun/Gu, accompanied by documents prescribed by Ordinance of the Ministry Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20176, Jul. 18, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24389, Feb. 20, 2013; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28585, Jan. 16, 2018>
[This Article Newly Inserted by Presidential Decree No. 16552, Sep. 9, 1999]
 Article 16 (Matters to be Included in Contracts for Lease, etc. of Construction Machinery)
“Matters prescribed by Presidential Decree” in Article 22 (3) of the Act means as follows: <Amended by Presidential Decree No. 22172, May 27, 2010; Presidential Decree No. 25524, Jul. 28, 2014>
1. Matters concerning rented construction machinery and construction sites;
2. Matters concerning the daily operation hours of construction machinery;
3. Matters concerning the timing, method, and amount of rent, where an agreement has been made on the payment of rent;
4. Matters concerning the transportation cost of construction machinery and the person to bear such cost;
5. Matters concerning the bearing of liability for damage, where the contract is cancelled or if any natural disaster occurs;
6. Matters concerning the methods for settlement of disputes, if any.
[This Article Newly Inserted by Presidential Decree No. 20176, Jul. 18, 2007]
 Article 16-2 (Verification of Contracts on Lease, etc. of Construction Machinery)
(1) "Public institutions prescribed by Presidential Decree" in Article 22 (6) of the Act means the following institutions:
1. Public corporations and quasi-governmental organizations prescribed in Article 5 of the Act on the Management of Public Institutions;
2. Local public corporations and local industrial complex prescribed in Local Public Enterprises Act.
(2) The State, local governments, or public institutions prescribed in subparagraphs of paragraph (1) shall verify whether a contract on lease, etc. of construction machinery is concluded at least once for a month for construction work falling under any of the subparagraphs of Article 55 (1) of the Enforcement Decree of the Construction Technology Promotion Act, for which he/she placed an order pursuant to Article 22 (6).
[This Article Newly Inserted by Presidential Decree No. 27356, Jul. 19, 2016]
 Article 16-3 (Fact-finding Surveys on Contracts on Lease, etc of Construction Machinery)
(1) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall conduct a fact-finding survey (hereinafter referred to as "fact-finding survey") as to whether a contract on lease, etc. of construction machinery prescribed in Article 22-2 (1) of the Act is concluded every quarter for sites where a contract on lease, etc. of construction machinery is concluded and implemented. <Amended by Presidential Decree No. 27356, Jul. 19, 2016>
(2) When it is deemed necessary for conducting a fact-finding survey in a systematic and efficient manner, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may conduct such survey by dividing the scope of construction machinery subject to investigations or areas to be surveyed.
(3) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor conducts a fact-finding survey, he/she shall notify persons subject to surveys of survey plans, including the date, ground, and details of surveys, prior to seven days before commencing an investigation: Provided, That he/she need not notify such fact in advance where it is deemed impracticable to achieve the purposes of surveys due to destruction of evidence, etc. following prior notification.
(4) Where public officials belonging to the Mayor/Do Governor or the Minister of Land, Infrastructure and Transport visit construction sites for conducting a fact-finding survey, they shall carry an identification indicating his/her authority and show it to interested persons.
(5) The Mayor/Do Governor shall submit the outcomes of fact-finding surveys including the following matters, to the Minister of Land, Infrastructure and Transport by no later than March 31 of the following year: <Newly Inserted by Presidential Decree No. 27356, Jul. 19, 2016>
1. Number of sites which have undergone a fact-finding survey and number of contracts;
2. Ratio of concluding a contract on lease, etc. of construction machinery and ratio of using standardized agreements prescribed in Article 22 (4) of the Act;
3. Current status of administrative fines imposed pursuant to Article 44 (1) 1 of the Act.
(6) The Minister of Land, Infrastructure and Transport shall publicly announce the outcomes (including outcomes submitted by the Mayor/Do Governor pursuant to paragraph (5)) of fact-finding surveys pursuant to the latter part of Article 22-2 (1) of the Act by posting them on the website of the Ministry of Land, Infrastructure and Transport by no later than June 30 every year. <Newly Inserted by Presidential Decree No. 27356, Jul. 19, 2016>
[This Article Newly Inserted by Presidential Decree No. 25524, Jul. 28, 2014]
 Article 17 (Permission for Mutual-Aid Business)
(1) An association of construction machinery business entities referred to in Article 32 of the Act that intends to obtain permission for mutual-aid business under Article 32-2 (1) of the Act, shall submit an application for permission for mutual-aid business to the Minister of Land, Infrastructure and Transport, accompanied by the mutual-aid regulations and terms and conditions of the mutual-aid contracts. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
(2) Mutual-aid regulations referred to in paragraph (1) shall include the following:
1. Details of mutual-aid business;
2. Mutual aid contracts;
3. Methods of issuing dispositions for contribution, mutual-aid funds, liability reserve, emergency risk reserve, payment reserve, deficit, etc;
4. Other matters concerning the operation of mutual-aid business.
[This Article Newly Inserted by Presidential Decree No. 16552, Sep 9, 1999]
 Article 17-2 (Details, Operation, etc., of Mutual-Aid Business)
(1) Details of a mutual-aid business referred to in Article 32-2 (4) of the Act shall be as follows:
1. Mutual-aid for liability for compensation resulting from an accident caused by a member's construction machinery;
2. Mutual-aid for damage caused by construction machinery due to an accident occurring while a member owns, uses, or manages such construction machinery;
3. Mutual-aid for injury caused to a construction machinery operator's body due to an accident occurred while the same construction machinery operator uses or manages a member's construction machinery;
4. Business for the enhancement of members' welfare, including the installation, operation, and management of common use facilities;
5. Other business activities to promote the economic benefits of the members.
(2) An association shall appropriate and accumulate a liability reserve, emergency risk reserve, and payment reserve, for the relevant business at the end of each business year, as prescribed by its mutual-aid regulations.
(3) An association shall administer mutual-aid accounting separately from its accounting of other business activities.
[This Article Newly Inserted by Presidential Decree No. 16552, Sep. 9, 1999]
 Article 17-3 (Establishment, etc., of Center for Reporting Non-Payment of Construction Machinery Lease, etc)
(1) A center for reporting non-payment of construction machinery lease fees, etc., referred to in Article 34 (1) of the Act (hereafter in this Article referred to as “report center”), shall be established and operated by an association established under Article 32 of the Act, the members of which are persons registered for construction machinery rental business pursuant to Article 21 of the Act (hereafter in this Article referred to as "construction machinery association").
(2) The duties of a report center referred to in paragraph (1) shall be as follows:
1. Receipt of report on non-payment of construction machinery lease fees, etc.;
2. Verification of reported details;
3. Taking necessary measures and providing assistance for collecting default construction machinery lease fees, etc.;
4. Other affairs necessary to assist the collection of default construction machinery lease fees, etc.
(3) A construction machinery association shall establish regulations for operation of a report center concerning the methods, procedures, etc., for performing its duties prescribed in paragraph (2) and submit it to the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Presidential Decree No. 25524, Jul. 28, 2014]
 Article 17-4 (Compulsory Measures for Abandoned Construction Machinery)
(1) A Mayor/Do Governor who intends to take compulsory dispositions or issue an order referred to in Article 34-2 (1) of the Act on construction machinery, shall verify that the relevant construction machinery is falling under Article 33 (3) of the Act (hereinafter referred to as "abandoned construction machinery"). In such cases, whether any construction machinery is abandoned construction machinery shall be determined after conducting comprehensive review of the condition, location where discovered, and abandoned period of the relevant construction machinery, details of neighbors' statements or reports, and other circumstances.
(2) Pursuant to Article 34-2 (2) of the Act, a Mayor/Do Governor may dismantle any of the following construction machinery among abandoned construction machinery:
1. Construction machinery in a state that makes it difficult to relocate or tow it;
2. Construction machinery impractical to maintain or repair, because most of its structures or systems are disassembled or destroyed;
3. Construction machinery, the dismantling of which is inevitable due to excessive cost of sale, etc.
(3) A Mayor/Do Governor who intends to sell or dismantle any abandoned construction machinery pursuant to Article 34-2 (2) of the Act shall give written notice thereof to its owner, interested persons, or the user thereof entered in the construction machinery register.
(4) When a Mayor/Do Governor has dismantled any construction machinery registered with any other City/Do, he/she shall promptly notify the dismantling to the relevant Mayor/Do Governor.
[This Article Newly Inserted by Presidential Decree No. 16552, Sep. 9, 1999]
 Article 18 (Use of Computerized Data)
(1) A person who intends to use any computerized data under Article 39-2 (2) of the Act, shall submit an application stating the following matters, to the head of the relevant central administrative agency:
1. Purposes and grounds for the use of computerized data;
2. Scope of computerized data;
3. Methods of providing computerized data, the agency that keeps it, measures for safe management thereof, etc.
(2) Upon receipt of an application under paragraph (1), the head of the relevant central administrative agency shall examine the following matters and inform the findings of the examination to the applicant within 30 days from the date of receipt of the application; and the applicant shall file an application for the use of computerized data with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, appending the findings of the examination: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Validity of the purpose of use of computerized data, and propriety and public interest of details of the use of the computerized data;
2. Whether there is any breach of privacy;
3. Prevention of the use of computerized data for any purpose other than that originally intended and measures for safe management thereof.
(3) Upon receipt of an application for approval for use of any computerized data under paragraph (2), the Minister of Land, Infrastructure and Transport shall determine whether he/she approves the application, taking the following matters into consideration, and upon approving the use of computerized data, shall record and manage the details of the approval, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. Matters prescribed in subparagraphs of paragraph (2);
2. Whether the matter for which approval is applied, can be processed using a computerized information processing system;
3. Whether the processing of the matter for which approval is applied, hampers the efficient performance of the management of construction machinery.
[This Article Newly Inserted by Presidential Decree No. 24389, Feb. 20, 2013]
 Article 18-2 (Delegation of Authority)
The Minister of Land, Infrastructure and Transport shall delegate his/her authority to approve the use of computerized data in Article 39-2 (2) of the Act (hereinafter referred to as "computerized data") to each Mayor/Do Governor (excluding where a person intends to be provided with computerized data the scope of which extends over at least two Cities/Dos at the same time). <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 24389, Feb. 20, 2013]
 Article 18-3 (Entrustment of Affairs)
(1) "Corporations or organizations determined by Presidential Decree" in Article 38 (2) 4 of the Act means the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act. <Amended by Presidential Decree No. 22172, May 27, 2010>
(2) The Minister of Land, Infrastructure and Transport shall entrust the following matters to the relevant corporation or organization, as applicable: <Amended by Presidential Decree No. 20361, Nov. 5, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21263, Jan. 14, 2009; Presidential Decree No. 22172, May 27, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25524, Jul. 28, 2014>
1. Affairs related to form-approval and form-alteration approval; receipt of form-reports and form-alteration reports in Article 18 of the Act; and affairs related to verification inspections in Article 19 of the Act; the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act and inspection agents: Provided, That the affairs related to the receipt of form-reports and form-alteration reports and the affairs related to verification inspections of tower cranes shall be entrusted to the Korea Occupational Safety and Health Agency under the Korea Occupational Safety and Health Agency Act, and to inspection agents (limited to inspection agents designated and publicly notified by the Minister of Land, Infrastructure and Transport);
2. Deleted; <by Presidential Decree No. 22172, May 27, 2010>
3. Affairs related to the management of careers for construction machinery operators in Article 30-2 of the Act and affairs related to the installation and operation of a computerized information processing system in Article 39-2 of the Act: the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act.
(3) Where the Minister of Land, Infrastructure and Transport intends to entrust his/her affairs to inspection agents pursuant to paragraph (2) 1, he/she may have a deliberation committee established under the Ministry of Land, Infrastructure and Transport for deliberation of the fairness and objectiveness of the entrustment. In such cases, matters necessary for the organization and operation of the deliberation committee shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Presidential Decree No. 28585, Jan. 16, 2018>
[This Article Wholly Amended by Presidential Decree No. 20176, Jul. 18, 2007]
 Article 18-4 (Management of Personally Identifiable Information)
(1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, the head of a Si/Gun/Gu (including a person to whom the relevant authority is delegated or entrusted where the authority is delegated or entrusted), an inspection agent of construction machinery, a construction machinery business entity, or an educational institution for the operation of small construction machinery designated under Article 26 (4) of the Act may, if unavoidable to conduct the following affairs, manage data including resident registration numbers or alien registration numbers pursuant to Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Registration of construction machinery, and issuance and reissuance of a construction machinery registration certificate under Article 3 of the Act;
2. Reporting on changes in registered matters under Article 5 of the Act;
3. Revocation of registration under Article 6 of the Act;
4. Keeping and management of construction machinery register, and issuance and perusal of a certified copy of or an extract from construction machinery register under Article 7 of the Act;
5. Designation of manufacturers of registration number plates, changes in designation, cancellation of designation, and business suspension under Article 8-2 of the Act;
6. Inspection of construction machinery under Article 13 of the Act;
7. Designation as an inspection agent, cancellation of designation, and business suspension under Article 14 of the Act;
8. Reissuance of construction machinery inspection certificates under Article 15 of the Act;
9. Confirmation inspection of construction machinery under Article 19 of the Act;
10. Registration of construction machinery business, and cancellation of registration under Article 21 of the Act;
11. Reporting on changes by construction machinery business entities under Article 24 of the Act;
12. Reports on transfer, acquisition, etc., of construction machinery business under Article 24-2 of the Act;
13. Sale of construction machinery under Article 25 of the Act;
14. Dismantlement of construction machinery under Article 25-2 of the Act;
15. Construction machinery operator's licenses, designation of an educational institution for the operation of small construction machinery, and education about the operation of small construction machinery under Article 26 of the Act;
16. Cancellation or suspension of a construction machinery operator's license under Article 28 of the Act;
17. Management of careers for construction machinery operators under Article 30-2 of the Act;
18. Establishment of an organization for construction machinery business entities under Article 32 of the Act;
19. Computerized processing of construction machinery management business, and approval for using computerized data under Article 39-2 of the Act.
(2) If unavoidable to conduct mutual-aid business under Article 32-2 (1) of the Act and Article 17 of this Decree, an association may manage data including resident registration numbers or alien registration numbers pursuant to Article 19 of the Personal Information Protection Act.
[This Article Wholly Amended by Presidential Decree No. 27960, Mar. 27, 2017]
 Article 19 (Criteria for Imposition of Administrative Fines)
Criteria for imposition of administrative fines under Article 44 (1) through (3) of the Act shall be as specified in attached Table 3. <Amended by Presidential Decree No. 22172, May 27, 2010>
[This Article Wholly Amended by Presidential Decree No. 21562, Jun. 25, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1994.
Article 2 (Transitional Measures concerning Special Heavy Machinery Rental Business Entities)
Any person who has obtained a license for special heavy machinery rental business under the former provisions as at the time this Decree enters into force, shall be deemed to have reported on a single-type construction machinery rental business under the amended provisions of Article 13 (2).
Article 3 (Transitional Measures concerning Registration of Construction Machinery)
Any machinery not classified as non-construction machinery under the former provisions as at the time this Decree enters into force but is newly classified as construction machinery under the amended provisions of attached Table 1, shall be registered under Article 3 of the Act within six months from the date this Decree enters into force, after undergoing a new registration inspection under Article 13 (1) 1 of the Act.
Article 4 (Transitional Measures concerning Form-Approval, etc., of Construction Machinery)
Where a person already manufacturing or assembling any machinery newly classified as construction machinery under the amended provisions of attached Table 1, or a person importing any construction machinery prescribed in attached Table 1 as at the time this Decree enters into force, obtains verification of such fact from the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor after submitting documents substantiating it and undergoes new registration inspection of such machinery under Article 13 (1) 1 of the Act within six months from the verification date this Decree enters into force, the relevant construction machinery shall be deemed form-approved under Article 18 of the Act and to have undergone verification inspection.
Article 5 (Transitional Measures concerning Construction Machinery Rental Business)
Persons who jointly run construction machinery rental business under Article 13 (3), who are deemed to have reported their construction machinery rental business under Article 6 of the Addenda of the Act, as persons who have obtained license under the former provisions as at the time this Decree enters into force, shall submit documents in Article 13 (3) and (4), by no later than June 30, 1995. <Amended by Presidential Decree No. 14063, Jun. 30, 1994>
Article 6 (Transitional Measures concerning other Heavy Machinery)
A concrete boom mixer truck or self-loading concrete mixer truck registered under the former provisions as at the time this Decree enters into force, shall be deemed registered as a concrete mixer truck and a vertical bedrock boring machine as a boring machine under the amended provisions of attached Table 1: Provided, That the owner of a concrete boom mixer truck, self-loading concrete mixer truck, or vertical bedrock boring machine shall report on changes in registered matters under Article 5 of the Act within one year from the date this Decree enters into force.
Article 7 Omitted.
ADDENDUM <Presidential Decree No. 14306, Jun. 30, 1994>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16183, Mar. 12, 1999>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Changes in Category of Business) Where a report on general construction machinery rental business or single-type construction machinery rental business has been filed under the former provisions as at the time this Decree enters into force, it shall be deemed that a report on a general construction machinery rental business has been filed under the amended provisions of Article 13 (2).
ADDENDA <Presidential Decree No. 16552, Sep. 9, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 16872, Jun. 27, 2000>
This Decree shall enter into force on June 29, 2000: Provided, That the amended provisions of Article 18-2 shall enter into force on January 1, 2001.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20171, Jul. 18, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20176, Jul. 18, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18-2 (2) 1 shall enter into force on January 1, 2008.
Article 2 (Applicability to Report on Changes in Registered Matters of Construction Machinery, etc.)
The amended provisions of Articles 5 (1) and 6 (1) shall begin to apply from the first construction machinery inherited after this Decree enters into force.
ADDENDA <Presidential Decree No. 20361, Nov. 5, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Article 2 (Transitional Measures concerning Registration of Tower Cranes)
An owner of a tower crane specified in the amended provisions of subparagraph 27 of attached Table 1 (hereinafter referred to as "tower crane"), shall register the tower crane within two years from the date this Decree enters into force.
Article 3 (Transitional Measures concerning Reporting on Forms of Tower Cranes and Confirmation Inspection thereof)
A tower crane that has obtained a design inspection, completion inspection, or performance test under Article 34 (2) of the Occupational Safety and Health Act as at the time this Decree enters into force, shall be deemed one for which a form-report or form-alteration report under Article 11 of this Decree and Article 18 (2) and (3) of the Act is filed, and shall be deemed received a confirmation inspection under Article 12 of this Decree and Article 19 of the Act.
Article 4 (Transitional Measures concerning Registration of Construction Machinery Rental Business)
An owner of a tower crane as at the time this Decree enters into force and intends to rent it commercially after this Decree enters into force, shall register his/her construction machinery rental business under Article 13 of this Decree and Article 21 of the Act within two years after this Decree enters into force.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Presidential Decrees promulgated before this Decree enters into force, but the dates on which they enter into force have not yet arrived, among the Presidential Decrees amended pursuant to Article 6 of the Addenda, shall enter into force respectively on the dates such Presidential Decrees enter into force.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21263, Jan. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21562, Jun. 25, 2009>
This Decree shall enter into force on June 27, 2009.
ADDENDA <Presidential Decree No. 21668, Aug. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22172, May 27, 2010>
This Decree shall enter into force on the date of its promulgation: Provided, That the previous main sentence of Article 3 (1), the proviso to Article 3-3 (2) (limited to the amended provisions of "Article 6 (1) 6 through 8 of the Act"), Articles 10, 11, 16, 18-2 (1), 19 and the amended provisions of attached Table 3, shall enter into force on June 30, 2010.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23743, Apr. 20, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24389, Feb. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 23, 2013: Provided, That the amended provisions of Article 12-2 and subparagraph 2 (r) of attached Table 3, shall enter into force on March 17, 2013.
Article 2 (Transitional Measures concerning Construction Machinery Sales Agent)
The phrase "Article 25 (2) of the Act" in the amended provisions of Article 3 (1) 4 and subparagraph 2 (q) of attached Table 3, shall be construed as "Article 25 (3) of the Act" until March 16, 2013.
Article 3 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of attached Table 3, the imposition of administrative fines for violations committed before this Decree enters into force, shall be governed by the previous provisions.
(2) Imposition of dispositions for administrative fines on violations committed before this Decree enters into force, shall be excluded from the calculation of the number of violations under the amended provisions of attached Table 3.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25524, Jul. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014: Provided, That the amended provisions of attached Table 2 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Electric Forklift Trucks with Solid Tires and Tower Cranes with Less than Three Tons of Capacity)
An owner of an electric forklift truck with solid tires, operated on the road (hereinafter referred to as "forklift truck with solid tires") or a tower crane with a rated load capacity of less than three tons (hereinafter referred to as "tower crane with less than three tons of capacity") which is classified as construction machinery under the amended provisions of subparagraphs 4 and 27 of attached Table 1 as at the time this Decree enters into force, shall register it as construction machinery under Article 3 of the Act, within two years from the date this Decree enters into force.
Article 3 (Transitional Measures concerning Form-Report, etc., of Electric Forklift Trucks with Solid Tires and Tower Cranes with Less than Three Tons of Capacity)
(1) Where an owner of a forklift truck with solid tires or tower crane with less than three tons of capacity has received a new registration inspection under Articles 3 (3) and 13 (1) 1 of the Act as at the time this Decree enters into force, he/she shall be deemed filed a form-report or form-alteration report under the proviso to Article 18 (2) and Article 18 (3) of the Act and Article 11 of this Decree and obtained a verification inspection under Article 19 (2) of the Act and Article 12 of this Decree.
(2) Where an owner of a tower crane with less than three tons of capacity as at the time this Decree enters into force, has obtained safety certification pursuant to Article 34 (2) of the Occupational Safety and Healthy Act, he/she shall be deemed to have filed a form-report or form-alteration report under the proviso to Article 18 (2) and Article 18 (3) of the Act and Article 11 of this Decree and to have obtained a verification inspection under Article 19 (2) of the Act and Article 12 of this Decree.
Article 4 (Transitional Measures concerning Persons who has Manufactured or Assembled Construction Machinery)
A person who has manufactured or assembled a forklift truck with solid tires or tower crane with less than three tons of capacity before this Decree enters into force, shall be deemed a person who has manufactured or assembled a forklift truck with solid tires or tower crane with less than three tons of capacity under Article 18 (1) of the Act: Provided, That a person who has manufactured or assembled a forklift truck with solid tires or tower crane with less than three tons of capacity, shall be equipped with facilities and technical human resources as prescribed in Article 18 (1) of the Act and submit documents substantiating such fact to the Minister of Land, Infrastructure and Transport within six months from the date this Decree enters into force.
Article 5 (Transitional Measures concerning Registration of Construction Machinery Rental Business)
Where an owner of a forklift truck with solid tires or tower crane with less than three tons of capacity as at the time this Decree enters into force, intends to rent the forklift truck or tower crane as a business after this Decree enters into force, he/she shall register his/her construction rental business under Article 21 of the Act and Article 13 of this Decree within two years from the date this Decree enters into force.
Article 6 (Transitional Measures concerning Scope of Business of Persons who have Registered their Partial Construction Machinery Maintenance Business)
Notwithstanding the amended provisions of attached Table 2, the scope of business of persons eligible to conduct maintenance of matters falling under the scope of business of general construction machinery maintenance business for construction machinery with tires under the former subparagraph 2 of the remarks of attached Table 2 as at the enforcement date prescribed in the proviso to Article 1 of the Addenda, among persons with registered partial-construction machinery maintenance business, shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 26028, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Gravel-Gathering Machines)
(1) A gravel-gathering machine, the form-report of which has been filed under the former provisions as at the time this Decree enters into force, shall be deemed a gravel-gathering machine the form-report of which has been filed under the amended provisions of subparagraph 19 of Article 11.
(2) A gravel-gathering machine registered under the former provisions as at the time this Decree enters into force, shall be deemed registered as a gravel gathering machine under the amended provisions of attached Table 1.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 27356, Jul. 19, 2016>
This Decree shall enter into force on July 20, 2016: Provided, That the amended provisions of subparagraph 2 (c) and (d) of attached Table 3 shall enter into force on August 12, 2016.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted)
ADDENDA <Presidential Decree No. 28138, Jun. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 21, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28585, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018: Provided, That the amended provisions of Articles 5 and 8 shall enter into force on the date of promulgation of this Decree.
Article 2 (Transitional Measures concerning Application for Registration of Construction Machinery Dismantling and Recycling Business)
Where an application for registration of construction machinery dismantling and recycling business was submitted pursuant to the previous provisions of Article 15-2 before this Decree enters into force, an application for registration of construction machinery dismantling and recycling business under the amended provisions of Article 15-2 shall be deemed submitted.