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SPECIAL ACT ON UNDERGROUND SAFETY MANAGEMENT

Act No. 13749, Jan. 7, 2016

Amended by Act No. 14545, Jan. 17, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prevent harm due to ground subsidence and to ensure public safety by establishing a safety management system to develop and use underground in a safe manner.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "underground" means the regions beneath the surface of the earth intended for development, use, and management;
2. The term "ground subsidence" means a phenomenon where the surrounding ground subsides during underground development or the use and management of an underground structure;
3. The term "underground development" means an act, such as excavation, land reclamation, or water pumping, that transforms the shape of the ground;
4. The term "underground structure" means a structure built to develop and use underground, which is prescribed by Presidential Decree, such as water supply systems, sewage systems, electric power systems, telecommunications systems, gas supply systems, utility tunnels, underground motorways, and subways;
5. The term "underground safety impact assessment" means the formulation of a plan to prevent or reduce ground subsidence by examining, forecasting, and assessing the impact of a project on underground safety in advance when a government agency grants permission, authorization, approval, or a license or makes a decision (hereinafter referred to as "approval, etc.") with regard to an action plan, implementation plan, etc. of the relevant project that has impacts on underground safety;
6. The term "small-scale underground safety impact assessment" means underground safety impact assessment conducted on a small-scale project that does not fall under projects subject to underground safety impact assessment;
7. The term "underground developer" means a person who executes a project subject to underground safety impact assessment or small-scale underground safety impact assessment in order to develop, use, and manage underground in a safe manner;
8. The term "underground structure manager" means a person prescribed as the manager of an underground structure pursuant to the relevant statutes or the owner of the relevant underground structure. In such cases, a person who is held responsible for managing the underground structure in accordance with a management contract, etc. with the owner of the relevant underground structure shall be deemed an underground structure manager;
9. The term "head of an agency that grants approval" means the head of an agency that grants approval, etc. of projects subject to underground safety impact assessment or small-scale underground safety impact assessment;
10. The term "ground subsidence risk assessment" means that a person who has experience and technology conducts inspections using survey equipment, etc. in order to analyze structural and geographical conditions in relation to ground subsidence, risk factors of ground subsidence and the amount of damage estimated, the history of the occurrence of ground subsidence, etc., and analyzes and forecasts the level of risk quantitatively and qualitatively;
11. The term "underground information" means information concerning underground prescribed by Presidential Decree, such as the characteristics of the ground and the locations of underground structures, among spatial information under subparagraph 1 of Article 2 of the Framework Act on National Spatial Data Infrastructure:
12. The term "integrated map of underground spaces" means a map that has integrated underground information necessary to develop, use, and manage the underground;
13. The term "agency that manages underground information" means an agency that produces or manages underground information, which is a management agency under subparagraph 4 of Article 2 of the Framework Act on National Spatial Data Infrastructure.
 Article 3 (Responsibility of State, etc.)
(1) The State and local governments shall formulate and implement comprehensive policies concerning the prevention of ground subsidence and the underground safety management in order to protect the lives, bodies, and property of the people.
(2) Underground developers and underground structure managers shall take necessary measures in order to prevent ground subsidence due to underground development and the use of underground structures, and to ensure the underground safety.
(3) People shall actively cooperate in activities conducted by the State and local governments for the prevention of ground subsidence and the underground safety management, and endeavor lest ground subsidence should occur from underground structures they own or use.
 Article 4 (Scope of Application)
This Act shall not apply to matters provided for in the Mining Damage Prevention and Restoration Act and the Mining Safety Act.
 Article 5 (Relationship to Other Acts)
This Act shall apply to safety management necessary to develop and use underground in preference to other Acts.
CHAPTER II FORMULATION, ETC. OF MASTER PLAN FOR UNDERGROUND SAFETY MANAGEMENT
 Article 6 (Formulation, etc. of Master Plan for National Underground Safety Management)
(1) The Minister of Land, Infrastructure and Transport shall formulate and implement a master plan for national underground safety management (hereinafter referred to as "master plan") every five years in order to prevent ground subsidence.
(2) A master plan shall include the following:
1. Matters concerning basic objectives and directions for the implementation of mid-term and long-term policies for underground safety management;
2. Matters concerning improvements in statutes and systems concerning underground safety management;
3. Matters concerning education and public relations in order to prevent accidents due to ground subsidence;
4. Matters concerning research and development of policies, technologies, etc. for underground safety management;
5. Matters concerning the construction and operation of an information system concerning underground safety;
6. Other matters prescribed by Presidential Decree for underground safety management.
(3) Where the Minister of Land, Infrastructure and Transport intends to formulate or alter a master plan, he/she shall consult with the heads of relevant central administrative agencies in advance: Provided, That where he/she intends to alter insignificant matters prescribed by Presidential Decree, he/she may skip the consultation procedure.
(4) Where the Minister of Land, Infrastructure and Transport formulates or alters a master plan, he/she shall notify the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-governing City Mayor, Do Governors, and the Special Self-governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of the formulation or alteration thereof, and make a public announcement of the formulation or alteration thereof (including the publication thereof on the Internet).
(5) The heads of relevant central administrative agencies shall formulate an action plan for each year (hereinafter referred to as "action plan") in accordance with a master plan, notify the Minister of Land, Infrastructure and Transport and the Mayors/Do Governors of the action plan, and implement the action plan.
(6) In addition to provisions under paragraphs (1) through (5), matters necessary for the formulation, alteration, etc. of a master plan and an action plan shall be prescribed by Presidential Decree.
 Article 7 (Formulation, etc. of City/Do Underground Safety Management Plan)
(1) Each Mayor/Do Governor shall formulate a plan concerning underground safety management (hereinafter referred to as "City/Do management plan") in accordance with a master plan and an action plan in order to prevent ground subsidence in areas under his/her jurisdiction. In such cases, where a City/Do underground safety committee under Article 12 (1) has been established, he/she shall formulate a City/Do management plan (including cases where he/she alters a City/Do management plan) following deliberation by the relevant committee.
(2) Where the Mayor/Do Governor formulates or alters a City/Do management plan, he/she shall notify the Minister of Land, Infrastructure and Transport and the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply) under his/her jurisdiction of the City/Do management plan formulated or altered.
 Article 8 (Formulation, etc. of Si/Gun/Gu Underground Safety Management Plan)
(1) The head of a Si/Gun/Gu shall formulate a plan concerning underground safety management (hereinafter referred to as "Si/Gun/Gu management plan") in accordance with a City/Do management plan in order to prevent ground subsidence in areas under his/her jurisdiction. In such cases, where a Si/Gun/Gu underground safety committee under Article 12 (1) has been established, he/she shall formulate a Si/Gun/Gu management plan (including cases where he/she alters a Si/Gun/Gu management plan) following deliberation by the relevant committee.
(2) Where the head of a Si/Gun/Gu formulates a Si/Gun/Gu management plan, he/she shall consider the details of a safety management plan for construction work, and the regulations governing safety inspection and maintenance and management of underground structures and the surrounding ground under Article 10 (1) and (2).
(3) Where the head of a Si/Gun/Gu formulates or alters a Si/Gun/Gu management plan, he/she shall notify the Mayor/Do Governor, underground developers, and underground structure managers of the Si/Gun/Gu management plan formulated or altered.
 Article 9 (Requests, etc. for Submission of Data)
Where it is necessary to formulate or alter a master plan, City/Do management plan, or Si/Gun/Gu management plan, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu may request the heads of relevant administrative agencies and the heads of public institutions under Article 4 of the Act on the Management of Public Institutions to submit relevant data or provide cooperation. In such cases, a person requested to submit relevant data or provide cooperation shall comply with the request unless there is any justifiable reason not to comply.
 Article 10 (Safety Management of Underground Developers and Underground Structure Managers)
(1) An underground developer shall require a construction contractor and a business entity who has obtained the registration of housing construction under the Construction Technology Promotion Act to incorporate the following in a construction safety management plan (hereinafter referred to as "construction safety management plan") under Article 62 of the aforesaid Act. In such cases, the underground developer shall submit the construction safety management plan to the head of a Si/Gun/Gu having jurisdiction over underground development before he/she approves it:
1. Underground safety impact assessment or small-scale underground safety impact assessment;
2. Details of consultations under Articles 16 through 18 (including cases where the aforesaid Articles apply mutatis mutandis pursuant to Article 23 (3)).
(2) An underground structure manager shall prescribe the regulations governing safety inspection and maintenance and management of an underground structure and the surrounding ground (hereinafter referred to as "safety management regulations") in order to prevent ground subsidence due to the poor management of such underground structure under his/her jurisdiction, and submit the safety management regulations to the head of a Si/Gun/Gu having jurisdiction over the underground structure. The foregoing shall also apply where he/she alters the safety management regulations.
(3) Where the head of a Si/Gun/Gu deems it necessary to prevent ground subsidence, he/she may order a construction contractor and business entity who has obtained the registration of housing construction, or underground a structure manager to alter the construction safety management plan or the safety management regulations. In such cases, a person ordered to make the alteration shall comply with his/her order unless there is any justifiable reason not to comply.
(4) The head of a Si/Gun/Gu shall confirm whether a construction contractor and business entity who has obtained the registration of housing construction under paragraph (1) or an underground structure manager observes the safety management plan and the safety management regulations, respectively, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(5) Necessary matters concerning the time when a construction contractor and business entity who has obtained the registration of housing construction should submit the construction safety management plan, procedures and methods of enacting the safety management regulations, the time when an underground structure manager should submit the safety management regulations, etc. shall be prescribed by Presidential Decree.
 Article 11 (Seeking Advice on Underground Safety Management)
The Minister of Land, Infrastructure and Transport may establish an advisory board which is composed of related institutions, organizations, experts, etc. in order to provide advice on the following matters concerning underground safety management, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
1. Matters concerning the formulation and alteration of a master plan;
2. Matters concerning improvements in statutes and systems concerning underground safety management;
3. Matters concerning research and development of underground safety technologies and standards;
4. Other matters entrusted by the Minister of Land, Infrastructure and Transport, which are matters concerning underground safety management.
 Article 12 (Local Underground Safety Committee)
(1) A Special Metropolitan City, Metropolitan City, Special Self-governing City, Do, or Special Self-governing Province (hereinafter referred to as "City/Do") may establish a City/Do underground safety committee and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) may establish a Si/Gun/Gu underground safety committee respectively in order to deliberate on the underground safety management plan, etc. of a local government.
(2) Matters necessary for the composition, operation, etc. of a local underground safety committee shall be prescribed by Municipal Ordinance of the relevant local government in accordance with standards prescribed by Presidential Decree.
 Article 13 (Research and Development Projects concerning Technologies and Standards concerning Underground Safety)
(1) The Minister of Land, Infrastructure and Transport may execute a research and development project concerning technologies and standards concerning underground safety by entering into an agreement with an institution or organization prescribed by Presidential Decree.
(2) Expenses incurred in executing a research and development project under paragraph (1) shall be covered by contributions made by the Government or persons other than the Government, or other expenses for technology development of enterprises.
(3) Necessary matters concerning the method of entering into an agreement under paragraph (1) and the payment, use, and management of contributions, etc. under paragraph (2) shall be prescribed by Presidential Decree.
CHAPTER III SAFETY MANAGEMENT OF UNDERGROUND DEVELOPMENT
SECTION 1 Underground Safety Impact Assessment
 Article 14 (Implementation, etc. of Underground Safety Impact Assessment)
(1) An underground developer who intends to execute a project that requires underground excavation work (hereinafter referred to as "project subject to underground safety impact assessment") larger than the size prescribed by Presidential Decree among projects falling under any of the following shall conduct an underground safety impact assessment:
1. Urban development projects;
2. Industrial site and industrial complex development projects;
3. Energy development projects;
4. Harbor construction projects;
5. Road construction projects;
6. Water resources development projects;
7. Railroad (including an urban railroad) construction projects;
8. Airport construction projects;
9. Projects for the use and development of rivers;
10. Tourist complex development projects;
11. Specific area development projects;
12. Sports facility construction projects;
13. Waste disposal facility construction projects;
14. National defense and military installations construction projects;
15. Soil, stone, sand, gravel, etc. extraction projects;
16. Projects for construction of facilities prescribed by Presidential Decree, which have impacts on underground safety.
(2) Necessary matters concerning specific kinds, range, etc. of projects subject to underground safety impact assessment, items to be assessed and the method of underground safety impact assessment, qualifications, etc. of persons who may conduct an underground safety impact assessment shall be prescribed by Presidential Decree.
 Article 15 (Preparation of Underground Safety Impact Assessment Reports, Requests for Consultation, etc.)
(1) Where an underground developer who should obtain approval, etc. makes a request for approval, etc. of a project subject to underground safety impact assessment, he/she shall submit a request for approval, etc. to the head of an agency that grants approval along with necessary data, such as an underground safety impact assessment report (hereinafter referred to as "underground safety impact assessment report") and a project plan, and the head of the agency that grants approval shall request the Minister of Land, Infrastructure and Transport to hold consultations before he/she grants approval, etc.
(2) An underground developer who does not have to obtain approval, etc. (referring to an underground developer who is the head of an agency that grants approval; hereinafter the same shall apply) shall request the Minister of Land, Infrastructure and Transport to hold consultations along with necessary data, such as an underground safety impact assessment report and a project plan, before he/she finalize an action plan, implementation plan, etc. of a project subject to underground safety impact assessment (hereinafter referred to as "project plan, etc.").
(3) Necessary matters concerning methods of preparing and submitting an underground safety impact assessment report, the time when an agency that grants approval requests the Minister of Land, Infrastructure and Transport to hold consultations, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 16 (Examination of Underground Safety Impact Assessment Reports, Notification, etc.)
(1) Where the Minister of Land, Infrastructure and Transport is requested to hold consultations pursuant to Article 15 (1) and (2), he/she shall examine an underground safety impact assessment report.
(2) The Minister of Land, Infrastructure and Transport may request an underground developer or the head of an agency that grants approval to submit relevant data when he/she examines an underground safety impact assessment report pursuant to paragraph (1), and entrust the following persons with the examination of an underground safety impact assessment report and an on-site inspection if necessary: <Amended by Act No. 14545, Jan. 17, 2017>
3. A specific research institute under Article 2 of the Specific Research Institutes Support Act;
4. Other institutions prescribed by Presidential Decree.
(3) Where there are reasons prescribed by Presidential Decree, such as cases where an underground safety impact assessment report has not been prepared in accordance with the method of preparation under Article 15 (3), as a result of the examination of such underground safety impact assessment report pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport may request the head of an agency that grants approval or an underground developer who is not required to obtain approval, etc. (hereinafter referred to as "head of an agency that grants approval, etc.") to supplement or adjust the underground safety impact assessment report, project plan, etc., or request the head of an agency that grants approval to require an underground developer to supplement or adjust the underground safety impact assessment report, project plan, etc. In such cases, the head of an agency that grants approval, etc. shall comply with his/her request unless there is any justifiable reason not to comply.
(4) The Minister of Land, Infrastructure and Transport shall notify the head of an agency that grants approval, etc. of the details of consultations within the period prescribed by Presidential Decree from the date he/she is requested to hold consultations pursuant to Article 15 (1) or (2).
(5) The head of an agency that grants approval, etc. notified of the details of consultations pursuant to paragraph (4) shall notify, without delay, the underground developer of the details thereof.
(6) Necessary matters concerning standards and methods for examining an underground safety impact assessment report under paragraph (1) and the supplement to and adjustment of an underground safety impact assessment report, etc. under paragraph (3) shall be prescribed by Presidential Decree.
 Article 17 (Reflection, etc. of Details of Consultations)
(1) Where an underground developer or the head of an agency that grants approval is notified of the details of consultations pursuant to Article 16 (4) or (5), he/she shall take measures necessary to incorporate the details thereof in the relevant project plan, etc.
(2) Where the head of an agency that grants approval intends to grant approval, etc. of a project plan, etc., he/she shall confirm whether the details of consultations are reflected in the project plan, etc. In such cases, where the details of consultations are not reflected in the project plan, etc., he/she shall require an underground developer to incorporate the details thereof in the project plan, etc.
(3) Where the head of an agency that grants approval, etc. grants approval, etc. of a project plan, etc. or finalizes a project plan, etc., he/she shall notify the Minister of Land, Infrastructure and Transport of the results of the details of consultations reflected in the project plan, etc.
(4) Where the details of consultations are not reflected in the results of which the Minister of Land, Infrastructure and Transport is notified pursuant to paragraph (3), he/she may request the head of an agency that grants approval, etc. to incorporate the details of consultations in the project plan, etc. In such cases, the head of an agency that grants approval, etc. shall comply with his/her request unless there is any justifiable reason.
 Article 18 (Adjustment of Details of Consultations, Alteration of Project Plan, etc. or Reconsultation, etc.)
(1) Where an underground developer or the head of an agency that grants approval has an objection to the details of consultations notified pursuant to Article 16 (4) or (5), he/she may request the Minister of Land, Infrastructure and Transport to adjust the details of consultations. In such cases, an underground developer who should obtain approval, etc. shall request the Minister of Land, Infrastructure and Transport to adjust the details of consultations via the head of an agency that grants approval.
(2) Where an underground developer alters a project plan, etc. on which the head of an agency that grants approval has held consultations with the Minister of Land, Infrastructure and Transport pursuant to Articles 15 and 16, he/she shall formulate a plan to ensure underground safety based on the alteration of the project plan, etc. and incorporate the plan to ensure underground safety in the project plan, etc. he/she alters.
(3) An underground developer who should obtain approval, etc. shall have a plan to ensure underground safety under paragraph (2) examined by the head of an agency that grants approval in advance: Provided, That the foregoing shall not apply to minor alterations prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) Where an alteration of a project plan, etc. falls under matters prescribed by Presidential Decree as those that may affect underground safety, in which case the head of an agency that grants approval, etc. formulates or examines a plan to ensure underground safety pursuant to paragraphs (2) and (3), he/she shall request the Minister of Land, Infrastructure and Transport to hold reconsultations.
(5) Necessary matters concerning the adjustment of the details of consultations, alteration of and reconsultation on a project plan, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
(6) Article 17 (2) through (4) shall apply mutatis mutandis to confirmation as to and notification of whether a plan to ensure underground safety under paragraph (2) is reflected in a project plan, etc.
 Article 19 (Prohibition, etc. of Construction in Advance)
(1) An underground developer shall not perform the construction of a project subject to underground safety impact assessment before procedures, such as consultations, etc. under Article 15 through 18, are completed: Provided, That the foregoing shall not apply to construction not included in construction subject to alteration of a project plan under Article 18 (2) and subject to reconsultation under paragraph (4) of the aforesaid Article, which is a project approved through consultations under Articles 15 through 18.
(2) The head of an agency that grants approval shall not grant approval, etc. of a project plan, etc. before procedures, such as consultations under Articles 15 through 18, are completed.
(3) Where an underground developer who should obtain approval, etc. performs construction in violation of paragraph (1), the head of an agency shall order the suspension of the relevant project, in whole or in part.
(4) Where an underground developer performs construction in violation of paragraph (1), the Minister of Land, Infrastructure and Transport may require an underground developer who does not have to obtain approval, etc. to suspend construction or to take other measures, or request the head of an agency that grants approval to require an underground developer to suspend construction or take necessary measures. In such cases, the head of an agency that grants approval, etc. shall comply with his/her request unless there is any justifiable reason.
 Article 20 (Underground Safety Impact Inspection after Fact)
(1) An underground developer (referring to a business entity who intends to execute a project subject to underground safety impact assessment; hereafter the same shall apply in this Article) shall inspect the impact of a project on underground safety after he/she commences the construction of the relevant project subject to underground safety impact assessment (hereinafter referred to as "inspection of underground safety impact after the fact), and take necessary measures without delay where it is necessary for him/her to take measures for underground safety as a result of the inspection thereof.
(2) An underground developer shall notify the Minister of Land, Infrastructure and Transport and the head of an agency that grants approval of an inspection report concerning the inspection of underground safety impact after the fact (hereinafter referred to as "inspection report on underground safety impact after the fact"), the fact that it is necessary to take measures for underground safety, and the details of measures taken.
(3) The Minister of Land, Infrastructure and Transport and the head of an agency that grants approval shall examine the details notified pursuant to paragraph (2), and entrust persons under the subparagraphs of Article 16 (2) with an examination and on-site inspection.
(4) Necessary matters concerning items to be inspected and the period of inspection of underground safety impact after the fact, qualifications of persons who may conduct an inspection of underground safety impact after the fact, methods of preparing an inspection report on underground safety impact after the fact, and methods of notifying under paragraph (2) shall be prescribed by Presidential Decree.
 Article 21 (Implementation, Management, Supervision, etc. of Details of Consultations)
(1) An urban developer shall implement the details of consultations reflected in a project plan, etc. when he/she implements a project plan, etc.
(2) The head of an agency that grants approval shall confirm whether an underground developer who should obtain approval, etc. has implemented the details of consultations, and where the underground developer who should obtain approval, etc. has failed to implement the details of consultations, he/she shall order the underground developer who should obtain approval, etc. to take measures necessary to implement the details of consultations.
(3) Where the head of an agency that grants approval judges that a project has a significant impact on underground safety because an underground developer who should obtain approval, etc. has failed to comply with his/her order to take measures under paragraph (2), he/she shall order the underground developer to suspend the construction of the project, in whole or in part.
(4) Where the Minister of Land, Infrastructure and Transport deems it necessary to manage the implementation of the details of consultations, he/she may order an urban developer who does not have to obtain approval to suspend construction or to take other necessary measures, or request the head of an agency that grants approval to order the suspension of construction or other necessary measures. In such cases, the head of an agency that grants approval, etc. shall comply with his/her request unless there is any justifiable reason.
(5) The Minister of Land, Infrastructure and Transport or the head of an agency that grants approval may require an underground developer to submit data related to the implementation of the details of consultations or a public official under his/her jurisdiction to have access to the place of business and to conduct an inspection. In such cases, Article 30 (2) and (3) shall apply mutatis mutandis to the inspection.
 Article 22 (Reassessment)
(1) Where it is difficult to formulate a plan to ensure underground safety based on measures under 20 (1) or an order to take measures under Article 21, in which case the construction of a project has a serious impact on the surrounding underground safety because conditions not forecasted at the time of consultation on underground safety impact assessment took place after an underground developer commenced the construction of the relevant project, the Minister of Land, Infrastructure and Transport may request persons under the subparagraphs of Article 16 (2) to conduct a reassessment through consultation with the head of an agency that grants approval.
(2) A person who receives a request under paragraph (1) shall conduct a reassessment of the relevant project plan, etc. and notify the Minister of Land, Infrastructure and Transport and the head of an agency that grants approval, etc. of the results of the reassessment thereof within the period prescribed by Presidential Decree.
(3) Where the Minister of Land, Infrastructure and Transport or the head of an agency that grants approval, etc. is notified of the results of reassessment pursuant to paragraph (2), he/she may require an underground developer to take necessary measures or request the head of another administrative agency, etc. to order necessary measures to ensure underground safety in accordance with the results of reassessment.
SECTION 2 Small-Scale Underground Safety Impact Assessment
 Article 23 (Implementation, etc. of Small-Scale Underground Safety Impact Assessment)
(1) An underground developer who intends to execute a small-scale project prescribed by Presidential Decree, which does not fall under projects subject to underground safety impact assessment (hereinafter referred to as "small-scale project subject to underground safety impact assessment"), shall conduct a small-scale underground safety impact assessment and prepare a small-scale underground safety impact assessment report (hereinafter referred to as "small-scale underground safety impact assessment report"): Provided, That the foregoing shall not apply to the construction of an underground structure which the Minister of Land, Infrastructure and Transport deems to fall under cases prescribed by Presidential Decree, such as cases where emergency restoration due to a natural disaster or accident is required (hereinafter referred to as "emergency restoration work").
(2) Necessary matters concerning items to be assessed and the method of small-scale underground safety impact assessment, qualifications of persons who may conduct a small-scale underground safety impact assessment, the method of preparing a small-scale underground safety impact assessment report, etc. shall be prescribed by Presidential Decree.
(3) Articles 15 through 22 shall apply mutatis mutandis to small-scale underground safety impact assessment. In such cases, "underground safety impact assessment" shall be construed as "small-scale underground safety impact assessment", and "underground safety impact assessment report" as "small-scale underground safety impact assessment report".
CHAPTER IV IMPLEMENTATION OF UNDERGROUND SAFETY IMPACT ASSESSMENT, ETC. ON BEHALF OF UNDERGROUND DEVELOPER OR UNDERGROUND STRUCTURE MANAGER
 Article 24 (Implementation of Underground Safety Impact Assessment, etc. on Behalf of Underground Developer or Underground Structure Manager)
(1) An underground developer or underground structure manager who intends to conduct an underground safety impact assessment, inspection of underground safety impact after the fact, small-scale underground safety impact assessment, and ground subsidence risk assessment under Article 35 (1) (hereinafter referred to as "underground safety impact assessment, etc.") may require a person who has obtained the registration of an institution specializing in underground safety impact assessment (hereinafter referred to as "institution specializing in underground safety impact assessment") pursuant to Article 25 (1) to conduct an underground safety impact assessment, etc. on his/her behalf.
(2) An underground developer or underground structure manager who intends to conduct an underground safety impact assessment, etc. shall observe the following rules:
1. He/she shall not prepare an underground safety impact assessment report, etc. by reproducing the content of another underground safety impact assessment report, inspection report on underground safety impact after the fact, small-scale underground safety impact assessment report, and ground subsidence risk assessment report under Article 35 (1) (hereinafter referred to as "underground safety impact assessment report, etc.");
2. He/she shall not prepare a false or poor underground safety impact assessment report, etc. and data forming the basis for the preparation thereof;
3. He/she shall preserve an underground safety impact assessment report, etc. and data forming the basis for the preparation thereof for the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
4. Where he/she enters into a contract for underground safety impact assessment, etc. with an institution specializing in underground safety impact assessment, he/she shall enter into such contract separate from a contract related to the formulation and implementation of a plan or project subject to the relevant underground safety impact assessment, etc.;
5. Where he/she enters into a contract for inspection of underground safety impact after the fact with an institution specializing in underground safety impact assessment, he/she shall enter into such contract separate from a contract for underground safety impact assessment or small-scale underground safety impact assessment of the relevant project.
(3) Specific criteria for false or poor preparation under paragraph (2) 2 shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 25 (Registration, etc. of Institution Specializing in Underground Safety Impact Assessment)
(1) A person who intends to conduct underground safety impact assessments, etc. pursuant to Article 24 (1) on behalf of others pursuant to Article 24 (1) shall meet standards for registration prescribed by Presidential Decree, such as technical workforce and equipment, and file for the registration of an institution specializing in underground safety impact assessment with the Mayor/Do Governor.
(2) Where the Mayor/Do Governor accepts the registration of an institution specializing in underground safety impact assessment pursuant to paragraph (1), he/she shall notify the Minister of Land, Infrastructure and Transport of the registration thereof, and issue a certificate of registration.
(3) Where any registered item prescribed by Presidential Decree is altered, a person who has received a certificate of registration pursuant to paragraph (2) shall file a report on the alteration of the registered item with the Mayor/Do Governor within 30 days from the date the registered item is altered.
(4) Where an institution specializing in underground safety impact assessment loses a certificate of registration it has received pursuant to paragraph (2) or such certificate of registration becomes unusable, it may be reissued a certificate of registration.
(5) Where an institution specializing in underground safety impact assessment intends to suspend its business for at least one year, resume, or close its business, it shall file a report thereon with the Mayor/Do Governor.
(6) Where the Mayor/Do Governor receives a report on the closure of business pursuant paragraph (5), he/she shall cancel the registration of an institution specializing in underground safety impact assessment.
(7) Necessary matters concerning procedures for the registration of an institution specializing in underground safety impact assessment and the issuance of a certificate of registration, reports on the alteration of any registered item, and the issuance of a certificate of registration under paragraphs (1) through (4), and reports under paragraph (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 26 (Grounds for Disqualification)
No person who falls under any of the following shall obtain the registration of an institution specializing in underground safety impact assessment:
1. A person under adult guardianship or limited guardianship;
2. A person who was declared bankrupt and not yet reinstated;
3. A person in whose case two years have not passed from the date the registration of an institution specializing in underground safety impact assessment was revoked pursuant to Article 28: Provided, That the foregoing shall not apply where the registration thereof was revoked pursuant to paragraph (1) 6 of the aforesaid Article;
4. A person who was sentenced to imprisonment without labor or more severe punishment for violating this Act, and has served the sentence (including cases where he/she is deemed to have served the sentence) or in whose case two years have not passed from the date he/she was released from serving the sentence;
5. A person who was sentenced to imprisonment without labor or more severe punishment for violating this Act with a stay of execution and the punishment is being suspended;
6. A corporation in which there is a person falling under any of subparagraphs 1 through 5 among its executives.
 Article 27 (Matters That Should Be Observed by Institution Specializing in Underground Safety Impact Assessment)
A person who conducts underground safety impact assessments, etc. on behalf of others shall observe the following matters:
1. He/she shall not prepare an underground safety impact assessment report, etc. by reproducing the content of another underground safety impact assessment report, etc.;
2. He/she shall not prepare a false or inadequate underground safety impact assessment report, etc. and data forming the basis for the preparation thereof;
3. He/she shall preserve an underground safety impact assessment report, etc. and data forming the basis for the preparation thereof for the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
4. He/she shall not subcontract affairs concerning underground safety impact assessment, etc. for which he/she was awarded a contract without the consent of the underground developer or underground structure manager;
5. He/she shall not lend a certificate of registration or his/her name to others.
 Article 28 (Revocation, etc. of Registration)
(1) Where an institution specializing in underground safety impact assessment falls under any of the following, the Mayor/Do Governor may revoke the registration thereof or order it to suspend its business within a fixed period not exceeding one year: Provided, That where it falls under subparagraphs 1 through 3 or subparagraph 6, the Mayor/Do Governor shall revoke the registration thereof:
1. Where it has obtained registration by deception or other fraudulent means;
2. Where it enters into a new contract for underground safety impact assessment on behalf of others during the period of suspension of business;
3. Where it performs an act falling under the suspension of business again though it has been subject to the suspension of business twice within the last two years;
4. Where it has not conducted an underground safety impact assessment, etc. on behalf of others within two years after having obtained registration;
5. Where it fails to meet standards for registration under Article 25 (1): Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree, such as cases where it fails to meet standards for registration temporarily;
6. Where it falls under any of the subparagraphs of Article 26: Provided, That the foregoing shall not apply where a corporation falling under subparagraph 6 of Article 26 appoints an executive replacing another within six months;
7. Where it violates matters that should be observed under the subparagraphs of Article 27;
8. Where a new reason that falls under an order to take corrective action arises after it has received an order to take corrective action under Article 31 for the last two years;
9. Where it requires a person ineligible to conduct an underground safety impact assessment, etc. to conduct an underground safety impact assessment, etc.;
10. Where another administrative agency requests the Mayor/Do Governor to order suspension of its business, etc. pursuant to statutes.
(2) Detailed standards for administrative measures under paragraph (1) shall be prescribed by Presidential Decree in consideration of a reason for such measure, the level of the violation, etc.
 Article 29 (Conducting Affairs after Administrative Measures)
(1) An institution specializing in underground safety impact assessment subject to the revocation of registration or the suspension of business pursuant to Article 28 may continue to conduct the relevant affairs limited to the contract for underground safety impact assessment, etc. entered into on behalf of others before such measure is taken. In such cases, the institution specializing in underground safety impact assessment shall notify, without delay, the underground developer or underground structure manager who has entered into a contract for underground safety impact assessment, etc. with it of the details of such measure in writing.
(2) Where an underground developer or underground structure manager receives notification under paragraph (1) or knows the fact that an institution specializing in underground safety impact assessment has become subject to the revocation of registration or the suspension of business, he/she may cancel the relevant contract within 30 days from the date when he/she receives notification or knows the fact.
(3) A person who continues to conduct affairs pursuant paragraph (1) shall be deemed an institution specializing in underground safety impact assessment with regard to such affairs until he/she completes such affairs.
(4) No person who continues to conduct affairs pursuant paragraph (1) shall enter into a new contract for underground safety impact assessment other than a contract for underground safety impact assessment, etc. he/she has entered into with an underground developer or underground structure manager before such measure is taken.
 Article 30 (Reporting and Examinations)
(1) Where it is necessary for the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor to understand matters concerning affairs of an institution specializing in underground safety impact assessment, such as the current status of its implementation of underground safety impact assessment, he/she may require the institution to file a necessary report or to submit relevant data, and require a public official under his/her jurisdiction to examine relevant documents, etc.
(2) Where a public official conducts an examination under paragraph (1), he/she shall notify a person subject to examination of his/her examination plan concerning the date and time of the examination, reasons therefor, matters to be examined, etc. no later than seven days prior to the examination: Provided, That the foregoing shall not apply where it is necessary to conduct the examination urgently or he/she deems it difficult to achieve the purpose of the examination due to evidence destruction, etc. where he/she gives prior notification of the examination.
(3) A public official who conducts an examination under paragraph (1) shall carry his/her identity card indicating his/her authority and produce it to the relevant persons.
 Article 31 (Giving Orders to Take Corrective Action)
Where an institution specializing in underground safety impact assessment fails to conscientiously conduct an underground safety impact assessment, etc., the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may require such institution to take corrective action.
 Article 32 (Performance Management, etc. of Institution Specializing in Underground Safety Impact Assessment)
(1) An institution specializing in underground safety impact assessment shall report the results of underground safety impact assessments, etc. it has conducted on behalf of underground developers or underground structure managers in the preceding year to the Minister of Land, Infrastructure and Transport by January 31 every year, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Where the Minister of Land, Infrastructure and Transport receives a report on the results of underground safety impact assessments, etc. an institution specializing in underground safety impact assessment has conducted on behalf of underground developers or underground structure managers pursuant to paragraph (1), he/she shall keep and manage records concerning the results thereof, and where it requests him/her to issue a written confirmation, he/she may issue a written confirmation of underground safety impact assessments, etc. it has conducted on behalf of others.
(3) The Mayor/Do Governor shall report the current status of administrative measures, such as the suspension of business, taken against an institution specializing in underground safety impact assessment to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 33 (Standards for Calculation of Expenses Incurred in Conducting Underground Safety Impact Assessments, etc. on Behalf of Underground Developers or Underground Structure Managers)
The Minister of Land, Infrastructure and Transport shall prescribe and announce standards for calculation of expenses incurred in conducting an underground safety impact assessment, etc. on behalf of an underground developer or underground structure manager.
CHAPTER V SAFETY MANAGEMENT OF UNDERGROUND STRUCTURES AND SURROUNDING GROUND
 Article 34 (Safety Inspection, etc. of Underground Facilities and Surrounding Ground)
(1) An underground facility manager shall conduct a regular safety inspection of the underground structure he/she manages and the surrounding ground based on the safety management regulations and notify the head of a Si/Gun/Gu of the results of safety inspection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) The head of a Si/Gun/Gu shall inspect the actual conditions of the safety management of underground structures and the surrounding ground within areas under his/her jurisdiction at least once a year: Provided, That where he/she deems that ground subsidence is not likely to occur after examining the results of the safety inspection notified pursuant to paragraph (1), he/she may omit an inspection of the actual conditions of the safety management thereof.
(3) Where it is necessary to improve the efficiency of inspection of the actual conditions of safety management under paragraph (2), the head of a Si/Gun/Gu may conduct an on-site inspection jointly with relevant agencies and experts.
(4) Where the head of a Si/Gun/Gu decides that ground subsidence is likely to occur as a result of inspection of the actual conditions of safety inspection under paragraph (2), he/she shall notify the relevant underground structure manager and the owner and occupant of the relevant land of his/her decision of the possibility of ground subsidence so that they may take measures necessary to ensure safety, and may require the relevant underground structure manager to conduct a ground subsidence risk assessment under Article 35 (1).
(5) The head of a relevant central administrative agency may conduct an on-site inspection of underground structures and the surrounding ground under his/her jurisdiction, and the Mayor/Do Governor may conduct an on-site inspection of underground structures and the surrounding ground within areas under his/her jurisdiction in order to understand the current status of safety management.
 Article 35 (Ground Subsidence Risk Assessment, Designation of Underground Structures Subject to Intensive Control, etc.)
(1) Where an underground structure manager falls under any of the following, he/she shall conduct a ground subsidence risk assessment and submit a ground subsidence risk assessment report (hereinafter referred to as "ground subsidence risk assessment report") to the head of a Si/Gun/Gu having jurisdiction over such underground structure:
1. Where he/she completes urgent restoration work;
2. Where he/she deems that ground subsidence is likely to occur according to a safety inspection under Article 34 (1);
3. Where he/she is ordered to conduct a ground subsidence risk assessment pursuant to Article 34 (4).
(2) Where the head of a Si/Gun/Gu confirms the risk of ground subsidence according to the examination of a ground subsidence risk assessment report submitted to him/her pursuant to paragraph (1), he/she shall designate and announce underground structures and areas subject to intensive control of ground subsidence (hereinafter referred to as "underground structure subject to intensive control"). In such cases, where a Si/Gun/Gu underground safety committee under Article 12 (1) has been established, he/she shall designate (including an alteration) and announce underground structures subject to intensive control following deliberation by the relevant committee.
(3) Where the head of a Si/Gun/Gu deems it necessary to designate and announce an underground structure as an underground structure subject to intensive control, he/she may require an on-site inspection team which is composed of public officials under his/her jurisdiction, experts related to ground subsidence, etc. to conduct an on-site inspection.
(4) Where the head of a Si/Gun/Gu designates and announces an underground structure subject to intensive control pursuant to paragraph (2), he/she shall notify an underground structure manager, the owner and occupant of the relevant land (hereinafter referred to "relevant persons") of the designation thereof: Provided, That where the domicile or residence of the relevant persons is unclear, an announcement of the designation thereof may take the place of the notification thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(5) Where the risk of ground subsidence of an underground structure subject to intensive control is eliminated due to the implementation of an improvement project, such as repair or reinforcement, the head of a Si/Gun/Gu shall cancel the designation of the underground structure subject to intensive control and announce the results thereof. In such cases, where a Si/Gun/Gu underground safety committee under Article 12 (1) has been established, he/she shall cancel the designation of the underground structure subject to intensive control and announce the cancellation thereof following deliberation by the relevant committee.
(6) Necessary matters concerning methods and procedures for ground subsidence risk assessment, qualifications of persons who may conduct ground subsidence risk assessment, methods for preparation of a ground subsidence risk assessment report, etc. shall be prescribed by Presidential Decree, and necessary matters concerning the designation of an underground structure subject to intensive control, and the announcement, alteration and cancellation of the designation thereof shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 36 (Installation of Warning Sign)
(1) Where an underground structure is designated and announced as an underground structure subject to intensive control pursuant to Article 35 (2), the relevant underground structure manager shall install a warning sign at the underground structure subject to intensive control.
(2) Detailed matters concerning the size of a warning sign installed at the underground structure subject to intensive control pursuant to paragraph (1), matters to be mentioned on the warning sign, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) No person shall remove or destroy a warning sign without permission of a person who has installed the warning sign pursuant to paragraphs (1) and (2).
 Article 37 (Securing Safety, etc. of Underground Structures Subject to Intensive Control)
An underground structure manager notified of the designation of an underground structure subject to intensive control pursuant to Article 35 (4) shall take measures necessary to eliminate the risk of ground subsidence, such as restrictions on the use of the underground structure or urgent repairs.
 Article 38 (Emergency Safety Measures, etc. for Prevention of Accidents due to Ground Subsidence)
(1) Where ground subsidence has occurred or is likely to occur due to an underground structure, the head of a Si/Gun/Gu may require the relevant person to take safety measures, such as restrictions on or prohibition of the use of the relevant underground structure, or repair, reinforcement or removal of the relevant underground structure.
(2) Where the relevant person required to take safety measures under paragraph (1) takes safety measures, he/she shall notify the head of a Si/Gun/Gu of the results of safety measures taken, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Where a person required to take safety measures under paragraph (1) fails to comply with such order, the head of a Si/Gun/Gu may take necessary safety measures on his/her behalf. In such cases, the Administrative Vicarious Execution Act shall apply mutatis mutandis.
 Article 39 (Evacuation Order, etc.)
Where ground subsidence has occurred or is likely to occur at an underground structure subject to intensive control, in which case an evacuation order is necessary to prevent harm to the lives and bodies of people, the head of a Si/Gun/Gu may issue an evacuation order to residents of the relevant area or people in a danger area or take measures, such as mandatory evacuation.
 Article 40 (Formulation, etc. of Plan for Improvement of Underground Structures Subject to Intensive Control)
(1) An underground structure manager shall formulate an improvement plan, such as repair and reinforcement, of the underground structure subject to intensive control and submit the improvement plan to the head of a Si/Gun/Gu, as prescribed by Presidential Decree, and the head of a Si/Gun/Gu shall submit the improvement plan to the Minister of Land, Infrastructure and Transport via the Mayor/Do Governor.
(2) Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary to modify or supplement an improvement plan submitted to him/her, he/she may require an underground structure manager to modify or supplement the improvement plan, and the underground structure manager required to modify or supplement the improvement plan shall comply with the requirement unless there is any justifiable reason.
(3) Where an underground structure manager fails to conscientiously implement an improvement plan under paragraph (1), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu may require him/her to conscientiously implement the improvement plan and to take corrective action.
(4) An underground structure manager who has implemented an improvement plan under paragraph (1) shall notify the head of a Si/Gun/Gu of the results of the implementation thereof in accordance with methods and procedures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and request the head of a Si/Gun/Gu to cancel the designation of the underground structure subject to intensive control.
 Article 41 (Temporary Use, etc. of facilities, such as Land)
(1) Where it is necessary for the head of a Si/Gun/Gu to take emergency measures because an accident due to ground subsidence has occurred or is likely to occur within areas under his/her jurisdiction, he/she may take emergency measures for people at the relevant site or residents in its nearby area, or temporarily use land, buildings, structures and other possessions of others or change or remove obstacles, as prescribed by Presidential Decree.
(2) Where losses are incurred due to emergency measures under paragraph (1), the head of a Si/Gun/Gu shall compensate for such losses pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(3) Article 65 of the Framework Act on the Management of Disasters and Safety shall apply mutatis mutandis to medical care and compensation for persons who engage in emergency measures pursuant to paragraph (1).
CHAPTER VI PRODUCTION, ETC. OF INTEGRATED MAP OF UNDERGROUND SPACES
 Article 42 (Production of Integrated Map of Underground Spaces)
(1) The Minister of Land, Infrastructure and Transport shall produce an integrated map of underground spaces that integrates underground information, as prescribed by Presidential Decree, so that the integrated map of underground spaces may be utilized for underground development, use and management.
(2) Where any alteration is made to underground information related to an underground structure, etc. which an underground developer or underground structure manager manages, he/she shall submit the renewed information to the head of an agency managing underground information, as prescribed by Presidential Decree.
(3) Except as provided for in this Act, the Act on the Establishment, Management, etc. of Spatial Data shall apply to standards necessary to produce and manage an integrated map of underground spaces.
 Article 43 (Construction and Operation of Integrated Underground Information System)
(1) The Minister of Land, Infrastructure and Transport shall construct and operate an integrated underground information system including the following in order to efficiently manage and utilize underground information:
1. Underground information;
2. An integrated map of underground spaces;
3. Other matters prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport may request the head of an agency managing underground information to provide necessary data in order to construct an integrated underground information system under paragraph (1). In such cases, the person requested shall comply with such request unless there is any justifiable reason.
(3) Matters necessary for the construction, operation, etc. of an integrated underground information system under paragraph (1) shall be prescribed by Presidential Decree.
 Article 44 (Support for Utilization of Integrated Underground Information System)
(1) The Minister of Land, Infrastructure and Transport may designate and operate an institution, organization or corporation related to spatial data under Article 9 (2) of the Framework Act on National Spatial Data Infrastructure as an underground information utilization support center in order to support the utilization of an integrated underground information system under Article 43 (1).
(2) A local government shall endeavor to establish a department and assign adequate public officials in charge of the utilization, etc. of an integrated underground information system under Article 43 (1).
(3) Matters necessary for the designation, operation, etc. of an underground information utilization support center under paragraph (1) shall be prescribed by Presidential Decree.
 Article 45 (Preparation and Management of Inventory Information on Underground Information)
(1) The head of an agency managing underground information shall prepare and manage inventory information concerning underground information possessed by the relevant agency.
(2) The Framework Act on National Spatial Data Infrastructure shall apply to the preparation and management of inventory information under paragraph (1).
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 46 (Accident Investigations, etc.)
(1) Where an accident due to ground subsidence occurs in relation to a project which an underground developer executes or an underground structure which an underground structure manager manages, he/she shall take emergency safety measures without delay, and where an accident larger than the size prescribed by Presidential Decree occurs, he/she shall notify the head of a local government having jurisdiction over the relevant project or underground structure of the occurrence of such accident.
(2) The head of a local government notified of the occurrence of an accident pursuant to paragraph (1) shall notify the Minister of Land, Infrastructure and Transport of the occurrence thereof.
(3) Where it is necessary for the Minister of Land, Infrastructure and Transport to investigate the details, cause, etc. of an accident that has caused damage more severe than the amount prescribed by Presidential Decree, he/she may organize and operate the central underground accident investigation committee.
(4) Where it is necessary for the head of a local government to investigate the details, cause, etc. of an accident that has occurred within an area under his/her jurisdiction, he/she may organize and operate an underground accident investigation committee.
(5) An underground developer or underground structure manager shall actively cooperate in the preservation of the scene of an accident, the submission of data, the provision of relevant equipment, the hearing of opinions of the relevant persons, etc. necessary for the central underground accident investigation committee under paragraph (3) and an underground accident investigation committee under paragraph (4) to investigate the accident.
(6) Where the head of a local government conducts an investigation of an accident pursuant to paragraph (4), he/she shall notify, without delay, the Minister of Land, Infrastructure and Transport of the results of the investigation thereof.
(7) Matters necessary for the composition and operation of the central underground accident investigation committee under paragraph (3) and an underground accident investigation committee under paragraph (4), investigations of accidents, etc. shall be prescribed by Presidential Decree.
 Article 47 (Construction and Operation of Underground Safety Information System)
(1) The Minister of Land, Infrastructure and Transport shall construct and operate an underground safety information system including the following in order to utilize it in the formulation, evaluation, study, research, etc. of policies concerning underground safety management:
1. Matters concerning an underground safety management plan under Articles 6 through 8;
2. Matters concerning an underground safety impact assessment report;
3. Matters concerning the registration of an institution specializing in underground safety impact assessment, reporting the alteration of any registered item, reporting the suspension of business or resumption of business, the cancellation of registration, the revocation of registration, the suspension of business, the results of underground safety impact assessments conducted on behalf of others or administrative fines;
4. Matters concerning safety inspection of underground structures and the surrounding ground under Article 34;
5. Matters concerning the designation of underground structures subject to intensive control under Article 35 and the securing of the safety thereof under Article 37;
6. Matters concerning an improvement plan of underground structures subject to intensive control under Article 40;
7. Matters concerning the current status of and statistics on accidents and damage due to ground subsidence under Article 46;
8. Other matters prescribed by Ordinance of Ministry of Land, Infrastructure and Transport for underground safety management.
(2) The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, Mayors/Do Governors, the heads of Sis/Guns/Gus and institutions specializing in underground safety impact assessment to submit necessary data in order to construct an underground safety information system under paragraph (1). In such cases, persons requested to submit necessary data shall comply with his/her request unless there is any justifiable reason.
(3) Matters necessary for the construction, operation, etc. of an underground safety information system under paragraph (1) shall be prescribed by Presidential Decree.
 Article 48 (Obligations to Keep Confidential)
No person who conducts or conducted an underground safety impact assessment, etc., examines or examined an underground safety impact assessment report, etc., or engages or engaged in affairs of the central underground accident investigation committee or an underground accident investigation committee shall divulge or make fraudulent use of confidential information he/she has officially obtained: Provided, That the forgoing shall not apply where the Minister of Land, Infrastructure and Transport deems it necessary for underground safety management.
 Article 49 (Delegation or Entrustment of Authority)
(1) The Minister of Land, Infrastructure and Transport may delegate part of his/her authority under this Act to the Mayor/Do Governor or the head of an agency under his/her jurisdiction, as prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu may entrust part of affairs under this Act to a public institution under the Act on the Management of Public Institutions, or to an institution or organization related to underground safety, as prescribed by Presidential Decree.
 Article 50 (Legal Fiction of Public Officials When Applying Penalty Provisions)
Any person who falls under any of the following shall be deemed a public official when Articles 129 through 132 of the Criminal Act are applied:
1. A member who is not a public official among members of a local underground safety committee under Article 12;
2. A person who conducts an underground safety impact assessment, etc.;
3. A person who conducts a reassessment under Article 22 (1) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
4. An executive or employee of an underground information utilization support center under Article 44;
5. A member who is not a public official among members of the central underground accident investigation committee and an underground accident investigation committee under Article 46.
CHAPTER VIII PENALTY PROVISIONS
 Article 51 (Penalty Provisions)
(1) Any person who falls under any of the following shall be punished by imprisonment for not more than ten years:
1. A person who causes ground subsidence and danger to the general public because he/she has failed to conduct or conscientiously conduct an underground safety impact assessment under Article 14 (1);
2. A person who causes ground subsidence and danger to the general public because he/she has performed construction work before procedures for holding consultations, etc. are completed, in violation of Article 19 (1) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
3. A person who causes ground subsidence and danger to the general public because he/she has failed to comply with an order to suspend construction work under Article 19 (3) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
4. A person who causes ground subsidence and danger to the general public because he/she has failed to conduct or conscientiously conduct an underground safety impact assessment after the fact under Article 20 (1) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
5. A person who causes ground subsidence and danger to the general public because he/she has failed to comply with an order to take measures under Article 21 (2) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
6. A person who causes ground subsidence and danger to the general public because he/she has failed to comply with an order to suspend construction work under Article 21 (3) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
7. A person who causes ground subsidence and danger to the general public because he/she has failed to conduct or conscientiously conduct a small-scale underground safety impact assessment under Article 23 (1);
8. A person who causes ground subsidence and danger to the general public because he/she has failed to conduct or conscientiously conduct a safety inspection under Article 34 (1);
9. A person who causes ground subsidence and danger to the general public because he/she has failed to conduct or conscientiously conduct a ground subsidence risk assessment under Article 35 (1).
(2) Any person who causes injury to or death of a person by committing an offense under the subparagraphs of paragraph (1) shall be punished by imprisonment for life or not less than three years.
 Article 52 (Penalty Provisions)
(1) Where any person who commits an offense under the subparagraphs of Article 51 (1) due to his/her professional negligence shall be punished by imprisonment or imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
(2) Where any person who commits an offense under Article 51 (2) due to his/her professional negligence shall be punished by imprisonment or imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won.
 Article 53 (Penalty Provisions)
Any person who fails to comply with an order to suspend the construction under Article 19 (3) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3)) or 21 (3) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3)) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
 Article 54 (Penalty Provisions)
(1) Any person who falls under any of the following shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
1. A person who fails to conduct an underground safety impact assessment under Article 14 (1);
2. A person who fails to conduct an underground safety impact assessment after the fact under Article 20 (1) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
3. A person who fails to conduct a small-scale underground safety impact assessment under Article 23 (1);
4. A person who prepares an underground safety impact assessment report, etc. by reproducing the content of another underground safety impact assessment report, etc., in violation of Article 24 (2) 1 or subparagraph 1 of Article 27;
5. A person who prepares a false underground safety impact assessment report, etc., in violation of Article 24 (2) 2 or subparagraph 2 of Article 27;
6. A person who conducts an underground safety impact assessment, etc. on behalf of others without obtaining registration under Article 25 (1);
7. A person who enters into a new contract for underground safety impact assessment, etc. on behalf of others after his/her registration was revoked or during the period of suspension of business, in violation of Article 29 (4);
8. A person who fails to conduct a ground subsidence risk assessment under Article 35 (1);
9. A person who fails to comply with an order to take safety measures under Article 38 (1).
(2) Any person who falls under any of the following shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
1. A person who performs construction work before procedures for holding consultations, etc. are completed, in violation of Article 19 (1) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
2. A person who refuses to submit data, interferes with or evades access or inspection under Article 21 (5) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3)) without any justifiable reason;
3. A person who obtains the registration of an institution specializing in underground safety impact assessment under Article 25 (1) by deception or other fraudulent means;
4. A person who subcontracts underground safety impact assessment, etc., in violation of subparagraph 4 of Article 27;
5. A person who lends a certificate of registration or his/her name, in violation of subparagraph 5 of Article 27;
6. A person who refuses to submit data, file a report or undergo an examination under Article 30 (1) without any justifiable reason;
7. A person who divulges or makes fraudulent use of confidential information, in violation of Article 48.
 Article 55 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee or other worker of a corporation or an individual commits an offense falling under any of Articles 51 through 54 concerning affairs of such corporation or individual, not only the person who commits such offense shall be punished but also the corporation or individual shall be punished by a fine under the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual have not neglected to pay considerable attention to and exercise reasonable supervision over the relevant affairs in order to prevent such offense.
 Article 56 (Administrative Fines)
(1) Any person who falls under any of the following shall be punished by an administrative fine not exceeding 20 million won:
1. A person who fails to comply with an order to take measures under Article 21 (2) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3)) or 22 (3) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
2. A person who fails to conduct or conscientiously conduct a safety inspection under Article 34 (1) (excluding a person who has been punished by imprisonment with labor for not more than ten years pursuant to Article 51 (1) 8);
3. A person who fails to comply with an order to implement an improvement plan or an order to take corrective action under Article 40 (3).
(2) Any person who falls under any of the following shall be punished by an administrative fine not exceeding ten million won:
1. A person who fails to take necessary measures, in violation of Article 20 (1) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
2. A person who fails to give notification, in violation of Article 20 (2) (including cases where the aforesaid paragraph is applied mutatis mutandis pursuant to Article 23 (3));
3. A person who prepares a poor underground safety impact assessment report, etc., in violation of Article 24 (2) 2 or subparagraph 2 of Article 27;
4. A person who fails to enter into a contract for preparation of an underground safety impact assessment report, etc. on behalf of others separate from a contract related to the formulation and implementation of a plan or project subject to underground safety impact assessment, etc., in violation of Article 24 (2) 4;
5. A person who fails to enter into a contract for underground safety impact inspection after the fact on behalf of others separate from a contract for underground safety impact assessment or small-scale underground safety impact assessment of the relevant project, in violation of Article 24 (2) 5.
(3) Any person who falls under any of the following shall be punished by an administrative fine not exceeding five million won:
1. A person who fails to submit a construction safety management plan under Article 10 (1) or the safety management regulations under Article 10 (2);
2. A person who fails to comply with an order to make alterations under Article 10 (3);
3. A person who fails to preserve an underground safety impact assessment report, etc. and data forming the basis for the preparation thereof, in violation of Article 24 (2) 3 or subparagraph 3 of Article 27;
4. A person who fails to file a report on alterations under Article 25 (3);
5. A person who fails to report the suspension of business or resumption of business under Article 25 (5);
6. A person who fails to report the results of underground safety impact assessments, etc. he/she has conducted on behalf of others or files a false report on the results thereof, in violation of Article 32 (1);
7. A person who fails to install a warning sign, in violation of Article 36 (1);
8. A person who removes or destroys a warning sign, in violation of Article 36 (3);
9. A person who fails to take necessary measures under Article 37;
10. A person who fails to notify the results of safety measures implemented, in violation of Article 38 (2);
11. A person who refuses an evacuation order, etc. under Article 39;
12. A person who fails to formulate an improvement plan under Article 40 (1);
13. A person who fails to notify the results of an improvement plan implemented, in violation of Article 40 (4);
14. A person who refuses or interferes with the temporary use of land, buildings, structures and other possessions or the alteration or removal of obstacles under Article 41 (1) without any justifiable reason;
15. A person who fails to submit renewed information under Article 42 (2);
16. A person who fails to comply with a request to submit data under Article 43 (2) without any justifiable reason;
17. A person who refuses, interferes with or evades an accident investigation under Article 46.
(4) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraphs (1) through (3), as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Article 2 (Applicability to Underground Safety Impact Assessments and Small-scale Underground Safety Impact Assessments)
An underground safety impact assessment under Article 14 (1) and small-scale underground safety impact assessment under Article 23 (1) shall apply beginning with cases where an underground developer makes the first request for approval, etc. of the relevant project after this Act enters into force.
ADDENDA <Act No. 14545, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.